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HomeMy WebLinkAboutCC 1995-01-23 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JANUARY 23, 1995 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. GN 95-22 Presentation of 1993/94 Audited Financial Report , (Agenda Item No. 16) (10 Minutes) 2. IR 95-09 Laidlaw's Request for Increase (10 Minutes) 3. IR 95-10 Resident Discounts for NRH20'¡ube Rentals (10 Minutes) 4. PZ 95-23 Public Hearing to Consider an Amendment to the Zoning Ordinance No. 1874 to Incorporate Additional Uses in the Table of Permitted Uses- Ordinance No. 2030 (Agenda Item No.8) (5 Minutes) 5. GN 95-18 Award of Bid for Construction of Green Valley Community Park and Soccer Camplex (Agenda Item No. 12) (5 Minutes) 6. GN 95-19 A~ditional Above Ground Lighting at NRH20 (Agen'da Item No. 13) (5 Minutes) .' ! ...... ...... .- , - 7. GN 95-24 Implementation of Management Information Services Report (Agenda Item No.18); , (15 Minutes) , . . . 8. Other Items TML Quarterly Meeting - Haltom City February 23, 1995 , ,. . '. .- . ,~ ., 'I I. ;1 n :( H , I! Ii ~] ij "f d Page 2 NUMBER ITEM ACTION TAKEN 9. *Executive Session (10 Minutes) - The Council may enter into closed executive session to - " discuss the following: A. Consultation with attorney under Gov. Code §551.071 : Consider Watauga vs. NRH Consider Seymour vs. NRH 110 I Adjournment - 7:20 p.m. I I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JANUARY 23,1995 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. Minutes of the Regular Meeting January 9, 1995 5. Presentations by Boards & Commissions Page 2 NUMBER ITEM ACTION TAKEN 6. Removal of Item(s) from the Consent - '. Agenda 7. Consent Agenda Item(s) indicated by Asterisk (10, 11, 12, 13, 14, 16, 17, 19,20 & 21) 8. PZ 95-23 Public Hearing to Consider an Amendment to the Zoning Ordinance No. 1874 to Incorporate Additional Uses in the Table of Permitted Uses - Ordinance No. 2030 9. GN 95-15 Appointment to Teen Court *10. GN 95-16 North Electric Multi-Use Trail License Agreement with TU Electric *11. GN 95-17 Establishing a 30 MPH Speed Limit _ on Browning Drive - Ordinance No. 2031 - -- *12. GN 95-18 Award of Bid for Construction of Green Valley Community Park and Soccer Complex *13. GN 95-19 Additional Above Ground Lighting at N RH20 Page 3 NUMBER ITEM ACTION TAKEN *14. GN 95-20 Authorization of Signatures for . " Unmarked License Plates- Resolution No. 95-07 15. GN 95-21 Public Hearing - Community Development Block Grant- Resolution No. 95-10 *16. GN 95-22 Presentation of 1993/94 Audited Financial Report *17. GN 95-23 Authorizing Release of Street Assessment Lien - Resolution No. 95-09 18. GN 95-24 Implementation of Management Information Services Report *19. PU 95-02 Award Bid for HVAC Installation at Citicable *20. PU 95-03 -- Award -Sid for Police Motorcycle *21. PU 95-04 Award Bid for Computer Equipment Page 4 NUMBER ITEM ACTION TAKEN 22. Citizens Presentation . - I 23. I Adjournment I I POSTED j-¿;?¿)-9ð _.______. Oak' q :30 ¿¡.m ------~-~T:¡~T:~:~,~:'-~ -~~~~~.-~'.--- -. C",·, B~ ,~l~'''~ - I ~-~----------- N@RTH RICHLAND HILLS January 23, 1995 Office of the City Secretary EMERGENCY ITEM ADDED TO JANUARY 23, 1995 CITY COUNCIL AGENDA: 188. GN 95-25 Consider and Act Upon Final Form for Lease from BISD for Tennis Court/Athletic Complex and Approve Letter of Agreement with BISD ~~ y Secretary POSTED _'K"-" 1- d? 3· (1-5 Dale L.'.:2P /7//'( . _.~~.__._,~--_.~,._-" ~_. ,.,~ .~\ f. ',·r...·..: y '>:'," ,,' n\Cz",..~IL<L~". )1 N,E, Loop 820 P.O, Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5502 FAX (817) 581-5516 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-06 '- + Date: January 16, 1995 Subject: Glenview Drive 8" Relief Sewer . . There are several businesses along the north side of Glenview Drive which were connected to Richland Hills (RH) sanitary sewer. There are also several homes in Richland Hills which are connected to North Richland Hills (NRH) sanitary sewer. An lnterlocal Agreement was signed in April 1991, which required each City to compensate the other for the cross sewer flows. Due to the inequities in volumes, NRH has been paying RH on average $29,000 annually. City Council approved a budget in 1991 to construct a sewer line which would reduce the difference in volumes. The sewer line was to be constructed along the north side of Glenview Drive from Ashmore east to Genview Court. The "Relief Sewer" would intercept sewage from NRH customers and therefore reduce the amount of money paid to RH. The sewer line was started in January 1992. Construction was halted in October 1992 at the west property line of Denny's at 8025 Glenview Drive. The necessary right-of-way had not yet been acquired by the State. Condemnation hearings were later held and the necessary right-of-way was acquired. The Public Works Construction Division finished the sewer line in December 1994. '''- Based on the current sewer rates for both cities, Richland Hills will begin paying North Richland Hills approximately $15,000 annually. The sewer line construction cost was $57,893.99. This cost will be recouped in approximately 3-112 years. Respectfully submitted, "". ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 95-08 ~ Date: T Subject: January 23, 1995 North Richland Middle Teen After School Program The Parks and Recreation Department is proud to announce that the North Richland Middle Teen After School Program (T ASP) was selected for funding from the FootAction Community Cash Program. Over 500 proposals were received in Tarrant County alone. The Recreation Staff submitted a proposal to the FootAction Community Cash Program in October 1994 requesting $2,563 to repair the basketball court at North Richland Middle School for the Teen After School Program. FootAction notified the Department in late December that the North Richland Middle Teen After School Program (T ASP) was selected to receive funds to repair, seal coat and paint the existing basketball court. The repair of the court will allow TASP to add "in-line hockey" and "street hockey" to it's array of programs and services. The Parks and Recreation Department extends its appreciation to Mayor and Council for continued support of this program. '- Respectfully Submitted, c::=J=' ~ r- Jim Browne Director of Parks and Recreation ,--, ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 95-11 -*- Date: T Subject: Wednesday, January 18, 1995 1994 Audit of Tax Abatement Agreements . .. Section 7 of the City's Tax Abatement Guidelines & Criteria stipulates that staff shall "annually evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the City Council and City Attorney". You will be pleased to learn that both Tecnol Medical Products, Inc. and Life Investors Insurance Center continue to comply with--and even exceed--the criteria established to ensure a worthwhile tax abatement: · Tecnol Medical Products, Inc. While not expanding or renovating their facilities in 1994, Tecnol still prospered. Forbes Magazine once again recognized Tecnol as one of the "World's Best Small Companies"--and they were one of only three companies to have been included in the Fort Worth Star-Telegram's "Tarrant 40" list of top exporting fIrms for the sixth consecutive year. Tecnol added 126 employees to its North Richland Hills headquarters in 1994, giving it a total staff of 976 in the City and 1,783 worldwide. Tecnol ended its year with a 24.3% increase in profIts. · Life Investors Insurance Center Life Investors added 50 people in 1995, and the Insurance Center now has a total of 700 employees. According to Planning & Inspection Services Department records, Life Investors spent approximately $11,200 in renovating or reconfIguring 107,000 sq. ft. of its four-story facility. Therefore, it certainly appears that the City continues to benefit from tax abatement agreements with Tecnol Medical Products and Life Investors Insurance Center. I would be pleased to answer any questions or discuss this audit in greater detail at your convenience. ubmitted, ~ Marty Wieder Director of Economic Development MBW ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-09 ~ Date: T Subject: January 23, 1995 Laidlaw's Request for Increase At the past meeting it was the consensus of the Council to deny Laidlaw their request for a 51¢ residential increase, as well as their commercial increase. I have been contacted by Richard Davis this week asking us to reconsider. I feel that we are contractually obligated to consider his request. I am attaching Section 7E and highlighting the area which I feel dictates our consideration. The attorney and I have re-evaluated our position and the original contract since our last meeting. We concur that we at least need to consider this request. Richard Davis has offered to share in the cost of a study by a consultant. There is a possibility that the City of Hurst will want to join with us in a study. If you decide to do a study, I feel we should turn down Richard's request for financial aid. We will have the approximate cost for a consultant by Monday night. Please call if you have any questions. '- ReZJfUILub¡:~ C.A. sanff!daFf't City Manager CAS/gp Attachment ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS SECTION 7.E. Section 7.E. of Ordinance 1745 is hereby repealed and replaced as follows: Revisions: CONTRACTOR shall attempt to maintain the rates herein during the term of this agreement. Provided, however, that the CONTRACTOR incurs increases in cost of operations _ which are beyond its control and have an adverse effect on the CONTRACTOR'S ability to maintain a reasonable return for its service, then the CITY and CONTRACTOR agree that a rate adjustment will be negotiated by CONTRACTOR, but limited to 85% of the yearly change in the latest CPI (D/FW) or 5%, whichever is lesser. CONTRACTOR shall give CITY 60 days written notice for any rate adjustment prior to the date it is requested to be implemented. This 60 days notice period will not apply to the first rate increase after adoption of said Ordinance No. 1954. The question of whether any increase is granted wilt lie within the discretion of the City Council and any such adjustment will be approved by resolution. It is further agreed by the parties hereto that all charges for services provided herein may be adjusted at any time for any Federal, State, or local authority compliance as identified and justified by CONTRACTOR. SECTION 7.G. (1). Section 7.G.(1) of Ordinance 1745 is repealed and replaced follows: Residential recycling charges: The service charge for residential recycHng shall be $1.75 per month for persons under 65 years of age ($1.50 to be paid to the CONTRACTOR, 11 cents ($.11) to be retained by CITY for billing and franchise fee and balance for sales taxes). Residents 65 years of age or older may execute a request for an exemption of 75¢ per month from the recycling charge. If requested, the City will grant an exemption to each head of household 65 years of age or above an amount of 75¢ from the curbside recycling charge, and will remit only 75¢ per month to the CONTRACTOR, rather than the $1.50 for that particular household. The sales tax is included in the $1.75 residential recycling charge. The CITY agrees to pay the CONTRACTOR $1.50 of this monthly curbside recycling charge billed to residential customers under 65 years of age and 75¢ of this monthly curbside recycling charge billed to customers 65 years or older who request the exemption. SECTION 7.G. (3). Section 7.G.(3) of Ordinance 1745 is repealed and replaced as follows: Residential and Commercial/Industrial Acceptable Waste Charges: For the Franchise granted herein, CONTRACTOR agrees to pay the CITY an amount equal to 2% of the gross receipts (excluding all appropriate sales and other taxes) from the collection of acceptable waste within the corporate limits of the CITY. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential garbage service, and 92% of all amounts billed for commerciallindustrial ACCEPTABLE WASTE collected. The 12% not remitted for residential billings (10% for billing and collection and 2% franchise fee) and 8% not remitted for commercial/industrial billings 3 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-10 . Date: January 23, 1995 Subject: Resident Discounts for NRH20 Tube Rentals . . City Council recently requested staff to develop a plan to provide discounted tube rentals at the family water park for residents of North Richland Hills. While we fully support the policy of providing discounts for NRH residents, there are some logistical matters that we wish to discuss with Council. Having different pricing for residents and non-residents for admission is easily obtainable because our guests are dry and have all the necessary identification with them while they are at the front gate. This will not necessarily be the case at the tube rental building. From experiences of other water parks, which is what we anticipate as well, by the time a person gets to the tube rental area, he is most likely to have already placed his dry clothing and identification in a locker. He will then be taking only the money for a tube rental to the tube rental building. Having to have some form of identification at the tube rental location could be quite cumbersome for the resident as well as the park attendant attempting to handle the large number of customers at the rental counter. The logistical challenges involved in providing discounts for the tube rentals, in our view, are significant enough that we would like to ask Council to review this matter again. We will plan '-~ to discuss this at the Pre-Council session on January 23, 1995. Respectfully submitted, t4- C.A. Sanford City Manager CAS/gp ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 9, 1995 - 7:30 P.M. 1. CALL TO ORDER - - Mayor Brown called the meeting to order January 10, 1995 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mark Wood Lyle E. Welch Mack Garvin Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Jeanette Rewis Rex McEntire Greg Dickens City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Councilman Sibbet gave.the invocation. 3. - PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING DECEMBER 12,1994 APPROVED Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve the minutes of the December 12, 1994 meeting. Motion carried 7-0. January 9, 1995 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS None. . " 6. PRESENTATION OF PROCLAMATION Mayor Brown and Councilman Sibbet presented a proclamation to Zachary Gardner, proclaiming January 10, 1995 as "Zachary Gardner Day" 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Oujesky removed item number 26 from the Consent Agenda. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 10, 12, 13, 15, 16, 17, 18, 21, 24, 25, 27, 28 & 29) APPROVED Mayor Pro Tern Wood moved, seconded by Councilman Oujesky, to approve the Consent Agenda. Motion carried 7-0. *9. PS 94-50 - REQUEST OF RICHARD RHODES FOR SHORT FORM PLAT OF LOT 1, BLOCK 1, SMITHFIELD STORAGE ADDITION (LOCATED AT THE NORTHEAST CORNER OF -SMITHFIELD ROAD AND STARNES ROAD) APPROVED *10. PS 94-54 -REQUEST OF JOHN VOLKMAN FOR REPLAT OF LOTS 58-R-62R, BLOCK 3, STONEYBROOK SOUTH ADDITION (LOCATED IN THE SOUTHWEST CORNER OF CRYSTAL LANE AND WESTOVER WAY) APPROVED 11. GN 95-01 - APPOINTMENT TO PARK AND RECREATION BOARD APPROVED January 9, 1995 Page 3 Councilman Oujesky moved, seconded by Councilman Sibbet, to appoint Pam Jackson to the Park and Recreation Board. Motion carrieid 7-0. *12. GN 95-02 - MANAGEMENT CONTRACT RESOLUTION NO. 95-02 APPROVED *13. GN 95-03 - AUTHORIZING THE SUBMITTAL FOR A TEXAS PARKS & WILDLIFE GRANT RESOLUTION NO. 95-03 APPROVED 14. GN 95-04 - COMMUNITY DEVELOPMENT BLOCK GRANT SUBMITTAL FOR 21ST YEAR APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky, to approve Youth at Risk Program as number one and the room addition to the Bursey Road Senior Citizens Center as number two. Motion carried 7-0. *15. GN 95-05 - TU ELECTRIC EASEMENT AND RIGHT-OF-WAY APPROVED *16. GN 95-06 - TEXAS DEPARTMENT OF TRANSPORTATION -REQUIRED RIGHT-OF-WAY APPROVED *17. GN 95-07 - UPDATING THE PARKS AND RECREATION MASTER PLAN TO RECORD ACCOMPLISHING LAND ACQUISITION, NEW FACILITY DEVELOPMENT AND RENOVATION NEEDS RESOLUTION NO. 95-04 APPROVED January 9, 1995 Page 4 *18. GN 95-08 - ATTORNEY FOR CITY CONTRACT RESOLUTION NO. 95-05 APPROVED' - '. 19. GN 95-09 - APPOINTMENT TO TEEN COURT ADVISORY BOARD APPROVED Mayor Pro Tern Wood moved, seconded by Councilman Sibbet, to appoint Deborah Bowman to the Teen Court Advisory Board. Motion carried 7-0. 20. GN 95-10 - APPOINTMENT TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION APPROVED Councilman Oujesky moved, seconded by Councilwoman Johnson, to appoint Pam Jackson to the Park and Recreation Facilities Development Corporation. Motion carried 7-0. *21. GN 95-11 - RESOLUTION HONORING MARTIN LUTHER KING RESOLUTION NO. 95-06 APPROVED 22. GN 95-12 - APPOINTMENT TO CABLE TV BOARD APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to appoint Doug Clark to the Cable TV Board._ Motion carried 7-0. 23. GN 95-13 - RECOMMENDATION OF CITICABLE BOARD REGARDING PILOT PROGRAM APPROVED January 9, 1995 Page 5 To approve GN 95-13 with the stipulation that the Cable T.V, Board approve the adjusting of scheduling. Motion carried '7-0. 23a. APPOINTMENT TO PARK & RECREATION BOARD APPROVED Councilman Oujesky moved, seconded by Councilman Sibbet to appoint Kami Graves as an alternate member of the Park & Recreation Board. Motion carried 7-0. 23b. RESOLUTION MOVING EARLY VOTING LOCATION RESOLUTION NO. 95-08 APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky to approve Resolution No. 95-08. Motion carried 7-0. *24. PU 95-01 - AWARD BID FOR 1995 VEHICLES APPROVED *25. PW 95-01 - APPROVE BUDGET FOR STARNES ROAD FIRE STATION NO.1 TRAFFIC BEACONS APPROVED 26. PW 95-02 - APPROVE CHANGE ORDER NO.1 FOR IH 820 INTERCHANGE UTILITY ADJUSTMENTS, PHASE 1 APPROVED Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the Change Order in the amount of $32,385. Motion carried 7-0. January 9, 1995 Page 6 *27. PW 95-03 -INSTALLATION OF ROAD HUMPS ON SUNSET ROAD . '. AND DEWSBERRY STREET APPROVED *28. PW 95-04 - APPROVE STATE OF TEXAS STANDARD UTILITY AGREEMENT FOR WATAUGA ROAD PASS PROJECT (MINUTE ORDER 87506) RESOLUTION NO. 95-01 APPROVED *29. PW 95-05 - APPROVE CONSULTANT CONTRACT FOR MISCELLANEOUS TRAFFIC SIGNAL OPTICAL PREEMPTION IMPROVEMENTS APPROVED 30. CITIZENS PRESENTATION None. 31. ADJOURNMENT Councilman Garvin moved, seconded by Mayor Pro Tern Wood, to adjourned the meeting. Motion carried 7-0. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary CITY OF NORTH RICHLAND HILLS Department: Planninl! and Inspections ~ Council Meeting Date: 1/23/95 ~bject: Public Hearln" to consider an amendment to the Zoning Ordinance No. 1874 to incorporate additional uses in the Table ofPennitted Uses. Agenda Number: PZ 94-23 Ordinance No. 2030 The Planning and Inspections Department maintains a list ofthe active businesses in the city. This list contains names, addresses, land use classifications, and other information on all current businesses. After comparing this list to the Table of Permitted Uses in the Zoning Ordinance, staff realized there are many businesses operating in the city that are not listed in the Table. Attached is a list of those uses and the proposed zoning district for each use. The proposed districts are based on the actual location of the existing use, and the location of similar type uses in the city. Incorporating these uses into the land use table will make the table consistent with the actual types of businesses and activities currently taking place in the city. The attached Land Use Table includes new uses that currently exist in the community, but are not specifically listed in the current zoning ordinance. The symbols contained on the Land Use Table are explained as follows: · Shaded areas indicate the use will be allowed by right in the appropriate zoning district. · Blank areas indicate the use is prohibited. · An "S" indicates the use will be allowed in that particular zoning district, but only upon approval of a Special Use Permit. · A "CS" indicates the use is allowed by right in the zoning district; however, if it is located within 200 feet of residential property, then a Special Use Permit is 'required ---- The Planning and Zoning Commission conducted a Public Hearing and considered this item at its December 8, 1994 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Soúrce of Funds: Bonds (GO/Rev.) , Jperating Budget _ '-Oth~~í2.,<~ ~~ epar~ent Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . FInance Corecto' Page 1 of ORDINANCE NO. 2030 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING THE TABLE OF PERMITTED USES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 3, Section 310, Table of Pennitted Uses, be hereby amended to incorporate the land uses listed in attached Exhibit A. 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, 'entences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ~.' -rdinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 8th DA Y OF DECEMBER, 1994. ~.".: \:" , PASSED AND APPROVED BY THE CITY COUNCIL THIS 23rd DAY OF JANUARY 1995. . ~ Mayor, City of North Richland Hills, Texas A TIEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2030 Page 2 Exhibit A Sheet1 RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS I .; Æ õj c: .., :-§ Æ Æ ë .s ¡::z:: Æ .., .~ b ë ë ë .", Section 310 '~ .., .., .., Æ ë .; .;¡; õj .", .", .", .., ~ .., '" .;¡; .;¡; .;¡; ë .", ¡::z:: .~ oS ~ .., .., ~ .;¡; ~ b .., õj .., ¡::z:: ¡::z:: .., ~ en E '5 o(j .", Table of Permitted Uses '@¡ b b b .;¡; .., .~ E õj '" .c c: .., .., c: '5 ::I .., ë '~ .~ '~ õj õj 0 .... ëñ ¡::z:: E ;:¡ ~ .¡; u '" '" ::I õj >< 0 õ ~ .~ .~ .... ::I oS .c E ~ ~ ~ .., .c :; .., .., 0 '" u :; '<:) c: oS E .., .., .., ë. ~ ...J ::¡¿ .., õj E E 0 ,;! .., '@¡ '@¡ '@¡ ::I ~ .., E E '" .... ::I Õ 0. c: c: c: 0 0 IE .., :í .c :a 0 6D en ¡..... .., ~ 0 0 0 ëñ ëñ ëñ N ::¡¿ 0 ...J U U 0 OJ) .., .c « en 0 ¡..... ;:¡ ::¡¿ .., ;;::: ;;::: ~ ~ ~ ~ ~ ~ ¡:; ¡::z:: C; N g en ~ - N ::J C. EDUCATIONAL AND INSTITUTIONAL USES Family Counseling Clinic . Senior Citizen Center -= Social Services Administrative Office S D. RECREATIONAL & ENTERTAINMENT USES ~ Children's Entertainment Center E. AUTOMOBILE & TRANSPORTATION RELATED USES Auto Stereo and Alarm Store Auto Upholstery Shop Automotive Window Tinting Store Truck Service Center S , F. OFFICE USES Accountant's Office Advertising Agency Attorney's Office Chiropractic Clinic Investment Broker Office Marketing Consultant Office Mortgage Loan Business Office Optometrist/Optician's Office Private Investigator's Office Tax Return Preparation Office Telemarketing Office Temporary Employment Agency Title Company/Abstract Company G. RETAIL & SERVICE USES Arts & Crafts Store Beauty Supply Store Camera Sales and Service Store Carpet & Tile Sales Store Clock Store Coffee Shop/Tea Room .',' Computer Sales and Service Store Computer Software Store Consumer Electronics Store Page 1 Sheet1 RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS u; ~ -¡¡¡ <: ~ :œ ~ :-§ Æ C ,2 ... .~ ~ c c C '0 .~ ... ... ... :§ c u; .¡;; -¡¡¡ Section 310 '0 '0 '0 ... ... ... '" .¡;; .¡;; "¡;; C '0 c.: c.: .~ .s ~ ~ ~ ... ... '¡;; ~ ~ ... -¡¡¡ ~ ... c.: ... en E '5 '0 c.: '~ Table of Permitted Uses "@¡ ~ ~ ~ .¡;; ... E -¡¡¡ '" ..c:: <: ... ... c '5 '" 0 -¡¡¡ .~ '~ '~ -¡¡¡ -¡¡¡ 0 ... - , êi5 c.: E ~ ~ 'IS 'Q 'ö u '" '0 '" ... X 0 ... ... '" .s ..c:: a -¡¡¡ ~ ~ ~ '2 õ ... '0 U ... '3 c.: ... ... 0 E '3 "ö ... ... ... ë.. ~ ..J ::; ... -¡¡¡ E E 0 .s '" õ 0 ... "@¡ "@¡ "@¡ '" g 0 E E '0 .E .¡: ø. <: <: ,5 0 0 IS 0 :; 'Õ 0 OJ) en êi5 êi5 ¡..... ... ~ 0 0 0 0 0 OJ) ... ..c:: -< en en 0 ¡..... N ::; ..J U U ~ ::; 0 ;1 ;:::: ~ :J ~ ~ ~ ~ - c.: - N g - ~ ~ N Copy Center Dog Training School CS CS CS CS CS Furniture & Home Furnishings Store Greeting Card Store Health and Nutrition Food Store S Imported Goods Store Luggage Sales Store S Nail Salon S Photofmishing Store S Photography Studio Shoe Repair Shop S Shoe Store Sporting Goods Store Sports Card Store Tanning Salon S Television Sales and Service Store Toy Store Trophy & Awards Shop Video Tapes and Records Store S Women's Accessory Store H. COMMERCIAL USES Janitorial Supply and Service Company Lawn Maintenance Service Shop Pest Control Service Store Swimming Pool Sales and Service Store J. MANUFACTURING & INDUSTRIAL USES s~ Micro-Brewery S Food Processing Plant Furniture Manufacturing Plant , Page 2 PZ Minutes - Page 2 December 8, 1994 3. PS 94-55 Request of Doris and Eddie Warren for Preliminary Plat of Oak is located in the 7400 block of Bursey Road. ring comments, but have rsey Road. He stated the Parks is property, but that issue is still in Chairman Brock stated the owners have agreed to all engi requested a waiver of the masonry screening wall along Department has requested an access easement throug debate between Parks and the owners. Mr. Baxter stated that he believes the trail woul ot be a detriment to this property. He stated the main users will probably be pedestr' s, but its purpose is also to serve horses. He stated this is similar to the cart path ease nt at the golf course. Mr. Baxter stated 10-feet is too narrow. He stated his support for th rail. Mr. Lueck stated he would rather see -foot wide trail, especially if it needs to be fenced. Mr. Barfield stated he would reco end leaving the island in the center of the cui de sac. Id need to figure out how the island will be maintained Mr. Bowen stated the owners and who is responsible. Mr. Barfield made the m n to approve PS 94-55 subject to engineering comments, a waiver of the screening all requirement on Bursey Road, and recommended getting input from the City Council d Parks Department on the details of the requested access easement. There was genera Iscussion regarding the access easement requested by the Parks Department. Mr. Bar' d asked staff to obtain a letter from the City Council and Parks Department stating theiritions on this access easement. as seconded by Mr. Baxter. The motion carried 5-0. He stated the Parks ZONING CASES 4. PZ 94-23 Continuation of a Public Hearing to consider revisions to the Zoning Ordinance No. 1874 to incorporate additional uses in the Table of Permitted Uses. TABLED 11/10/94 Mr. LeBaron stated the Commission discussed allowing those uses that currently exist in an industrial zoning district. He stated if the amendments are approved, any new use of that type would not be allowed in that district. He stated now is the time for the Commission to make those changes. Mr. LeBaron stated there are some considerations for keeping the industrial areas as close to an industrial character as possible. Mr. Barfield stated carpet and tile sales is fairly typical in an industrial zone. He stated a family counseling clinic would not be appropriate in an industrial district. Chairman Brock reopened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 94-23, with the amendments previously discussed. The motion was seconded by Mr. Baxter. The motion carried 5-0. CITY OF NORTH RICHLAND HILLS '-_ Department: Ci ty Secretary Subject: Appointment to Teen Court Council Meeting Date: 1/23/95 Agenda Number: GN 95-15 Place Two is currently vacant on the Teen Court Advisory Board. Mr. Wayne Moody has been recommended to fill this vacancy. Recommendation: It is recommended that the City Council consider the appointment. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other ~ Department Head Signature ~ ~nY Manager C"Y COUNCIL ACTION ITEM Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: P;:¡rk~ ;:¡nd Recreation Department Council Meeting Date: 01-23-94 ~ubject: North ¡::IActri~ Mlllti-Use Trail License Agreement with TU Electric Agenda Number: GN 95-16 TU Electric, is requesting a license agreement for the use of their property for the North Electric Multi-Use Trail. The license agreement will permit the construction of the multi-use trail. This license agreement is a requirement of the ISTEA Grant Funding process for the project. Attached is the license agreement with exhibits. RECOMMENDATION: It is recommended that Council approve the license agreement necessary for the North Electri Multi-Use Trail and authorize the Mayor to execute the attached documents. Attachments ",- Finance Review - ~ , Finance Corector Source of Funds: Bonds (GO/Rev.) Operating Budget \,-, Other - - \ ~ ""'"~ .- - ~ rtV'Ð ~ Department Head Signature CITY COUNCIL ACTION ITEM' Page 1 of Saginaw-Liggett 138kV TSB-25992 & 26140 2DR-518, 704 Tr. 1 & 2 835,837,838 Tr. 1, 844 & 1108 COMMERCIAL LICENSE AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: This license agreement made this 1st day of January, 1995, by and between Texas Utilities Electric Company, a Texas Corporation, hereinafter called Licensor and the City of North Richland Hills of Tarrant County, Texas hereinafter called Licensee. In consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, Licensor does hereby grant to Licensee, a revocable nonexclusive license to use the following described property: Being all those certain tracts, lots and parcels deeded to Texas Electric Service Company, predecessor to Texas Utilities Electric Company as shown on Exhibit "A" sheets 1 and 2 attached hereto and by reference made a part hereof, containing in all, 26.416 acres more or less. 1. LICENSE TERM: The term of this license shall be for one year commencing on January 1, 1995 and ending on December 31, 1996, and shall continue thereafter on a year to year basis until terminated by either party with thirty days written notice. 2. RENTAL FEE: The rental fee shall be waived so long as the demised area shall be for the use of the general public as set out in Paragraph #3 of this document. 3. PERMITTED USE: Licensee may use the premises for recreational hike and bike trails with restricted landscaping and lighting, said restrictions to be addressed hereafter as "Additional Provisions", Paragraph #16. Licensee may not use the premises for any other purpose without the written consent of Licensor. 4. LIABILITY INSURANCE: During the license term Licensee shall maintain a policy of public liability insurance at Licensee's expense insuring Licensee against liability assumed by Licensee hereunder and insuring Licensee and Licensor against liability arising out of or in any way incident to ownership, use, occupancy or maintenance of the property made the subject of this license. Such policy or policies shall also provide that the policy is primary and shall apply without regard to other policies separately carried. The initial amount of required insurance shall be at least $1,000,000 Combined Single Limit for Personal Injury, Bodily Injury including death and Property Damage and shall be subject to periodic increase based upon inflation, recommendation of professional insurance advisors, and other relevant factors. Licensor shall give Licensee ninety days notice of any change in insurance requirements Licensee agrees to obtain and provide proof of such required insurance. 5. INDEMNITY: Licensor shall not be liable to Licensee for any damage to said licensed area or Licensee's facilities hereinafter referred to as "licensed area" or other contents thereof, except when caused by the willful misconduct of Licensor, its agents, servants or employees. Licensor and Licensee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence. It is understood that it is not the intention of the parties hereto to create a liability for the benefit of third parties but that this agreement shall be solely for the benefit of the parties hereto. 6. COMPLIANCE WITH LAW: Licensee shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Licensee's use thereof. 7. LICENSOR'S ACCESS: Licensor and its authorized agents shall have the right to enter the property at any time for any purpose. It being understood that from time to time entry will be necessary for general inspections of Licensor's facilities. This license is nonexclusive, and Licensor, its employees, agents, representatives, and others whom it may license, may go upon, make improvements upon, use and traverse the above described premises and make changes in the location of or additions to Licensor's transmission and distribution facilities located thereon without payment of compensation to Licensee, without liability for any damage or interruption resulting to Licensee of its activities or business. 8. ACCEPTANCE OF PREMISES: Licensee acknowledges that it has fully inspected the property and accepts the property in its present condition as suitable for the purposes for which it is licensed. Licensee shall not make or cause to be made any improvements to the licensed property including but not limited to, any buildings, light standards, fences, shrubs, trees or signs, except as approved in writing by Licensor and then only at the sole cost and expense of Licensee. 9. CONDITION UPON TERMINATION: Upon termination of this agreement, Licensee shall surrender the property to Licensor in the same condition as received except for ordinary wear and tear. In addition, Licensor may require Licensee to remove any improvements made to the property by Licensee prior to the termination of this agreement and to restore the property to its original condition, at Licensee's expense. All improvements not removed at Licensor's request, shall become Licensor I s property at no cost or expense to Licensor. -2- 10. ASSIGNMENT AND SUBLETTING: This agreement is personal to Licensee and may not be sold, transferred, assigned or sublet but may be used by Licensee, and with Licensee's permission, by its employees, agents and those with whom it does business. 11. BOOM-TYPE EQUIPMENT: Use of draglines or other boom-type equipment in connection with any work to be performed on Licensor's property by the Licensee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electric Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Licensor's power lines situated on the aforesaid property. Licensee must notify the Fort Worth Region Transmission Supervisor 48 hours prior to the use of any boom-type equipment on Licensor's property. Licensor reserves the right to refuse Licensee permission to use boom type equipment. 12. LIEN ON PROPERTY: During the period of construction and at all times while this agreement is in effect, Licensee shall take whatever steps are necessary to prevent any liens, including but not limited to, mechanics liens and materialmen's liens, from attaching to Licensor's property. Licensee shall immediately pay such sums as may be necessary to dispatch liens and encumbrances filed with respect to all or any portion of the Licensor's property resulting from the construction, maintenance or presence of any of Licensee's improvements. 13. MAINTENANCE OF PROPERTY: Licensee, at its own cost and expense at all times during the term of this agreement, agrees to keep clean and maintain or cause to be kept clean and maintained, the premises and all improvements which may be placed or erected on the premises by Licensee with Licensor's consent in a good state of appearance and repair. 14. NOTICES: All written notices required under this License must be hand delivered or sent by certified mail addressed to the proper party at the following addresses: LICENSOR LICENSEE Texas Utilities Electric Company 1601 Bryan Street, Energy Plaza Dallas, Texas 75201 Attn: Right of Way Department City of North Richland Hills 6720 N.E. Loop 820 North Richland Hills, Texas 76180-7901 Attn: Parks & Recreation Department Each party may change the address to which notices are to be sent by giving the other party notice, within ten (10) days, of the new address in the manner provided by this paragraph. 15. DEFAULT: It is understood and agreed that, in case of default by Licensee in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after Licensor notifies Licensee of such default, Licensor may at its election forthwith terminate this agreement and upon such termination all rights of the Licensee hereunder shall cease and come -3- to an end. If such termination results from Licensee's default there shall be no prorata refund to Licensee of the unearned portion of the rental fee for the then current term, however, in the event that termination of this agreement is for the convenience of either or both parties hereto, Licensor shall refund to Licensee the prorated portion of the rental fee for the then current term. 16. ADDITIONAL PROVISIONS: It is understood and agreed that the following conditions will be observed: 1. No buildings, shelters or barriers, that may impede Licensor's access to or along the licensed area, will be constructed without the specific written authorization of Licensor. 2. It is expressly understood that only dwarf trees and shrubs, not to exceed a maximum of fifteen (15) feet in height, shall be used in landscaping. 3. It is expressly understood that only 42-inch "Bollard Type" lighting shall be used. 4. No motorized vehicles shall be allowed on the licensed area except for maintenance purposes. 17. PRIOR AGREEMENTS: This agreement constitutes the sole and only agreement of the parties to the license and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this license. 18. TEXAS LAW: This agreement shall be construed under, and in accordance with, the laws of the State of Texas. 19. AMENDMENT: No amendment, modification, or alteration of the terms of this license shall be binding unless it is in writing, dated subsequent to this lease, and duly executed by the parties to this license. -4- 20. The undersigned official and/or agents of Texas Utilities Electric Company and the City of North Richland Hills are the properly authorized officials of the said parties and have the authority necessary to execute this agreement on behalf of the representative party, and the parties hereby certify one to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate as of the day of , 1995. LICENSOR TEXAS UTILITIES ELECTRIC COMPANY By: Jerry Zemanek Manager, Fort Worth Region Transmission LICENSEE CITY OF NORTH RICHLAND HILLS By: Title: STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared JERRY ZEMANEK, Manager, Fort Worth Region Transmission of Texas Utilities Electric Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said Texas Utilities Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , A.D., 1995. day of Notary Public in and for the State of Texas (print Name of Notary Public Here) My Commission Expires: -5- STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this. day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of North Richland Hills, as the thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 1995. day of Notary Public in and for the State of Texas (Print Name of Notary Public Here) My Commission Expires: -6- CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Establishing a 30 MPH Speed Limit on Browning Drive - Subject: Ornin~n~p. No 2011 Agenda Number: 01/23/95 GN 95-17 . . With the opening of Browning Drive from Wuliger Way to the Haltom City Limits, the Public Works Department has received numerous requests that a speed limit zone be established. Staff recommends that the speed limit be set at 30 MPH from Rufe Snow Drive to Haltom City Limits. The Police Department is in agreement with the 30 MPH speed limit zone. Rf>£ornrnp.nnMion: Staff recommends Council approve Ordinance No. 2031. ! '-- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget r Acct. Number Sufficient Funds Available ure CITY COUNCIL ACTION ITEM Fin..... DIf.Clor Page 1 of ORDINANCE NO. 2031 AN ORDINANCE AMENDING ORDINANCE NO. 722 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ESTABLISHING A PRIMA FACIE sPEÊD LIMIT OF 30 MILES PER HOUR FOR BROWNING DRIVE FROM RUFE SNOW DRIVE TO THE CITY LIMITS OF HALTOM CITY (6000 THROUGH 6700 BLOCK); PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT IN EXCESS OF $200.00; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Ordinance No. 722 of the City of North Richland Hills, Texas, be and is hereby amended by adding the below described public roadway section to Section 3.04 of said Ordinance and establishing the speed limit as stated: The speed limit for Browning Drive from Rufe Snow Drive west to the City Limits of Haltom City (6000 to 6700 Block) is 30 MPH. 2. Any person operating a motor vehicle upon said above described section of Browning Drive in the City of North Richland Hills, Texas, at a speed in excess of that shown above shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. 3. This ordinance shall be in full force and effect ten days from passage and publication. PASSED AND APPROVED this 23rd day of January, 1995. Tommy Brown, Mayor ATIEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City u '" '<.' 1u ~ BUR S E' RD. --'--'-i rDJ.<] crrr uvm n " r . · mr uvm -.w ~U.+~ \ -í ¡. - , ( 1-' : ~ ~--~ I l "II~~~Y J¡D - - - o ¡-;;' ~ ~ ~ VI \-- 01 - ..:..Q <òV ~~ /" , kRD. (l tv ~c:, GREEN '^ LEY R. Vr \oj I w "~f- I \'-l 'f..\v.K L' ~ - 00. " -ª : ~ ~~ =-) 3·~ ,,^.:...~ .JJl ~~ ß: ~ ;~~o .01 ) Î I n~ -:.- (\Y-~ ,~ _ -y r ",H3- I '" _I--- "A \.... ;:) r-- I----' Z '\ r- l -- C - HIGHHlWË......". õ r I I 7 " " , ~ \ - ~ ~¡ - ~~ 'h. ~r~ r ,¿7~\ .~ ~~DHIG= R 0 \:J == 6 - ~ I -=cy' ÁI a ~ - ~~ ]\ 11.-L -J~f ~ \.~o~' \ ~¡ ~ " - ,VI~I ~ ,e _ dO? 1 uW- CHMMì N[, (\ Y . L CHMM^N RD, ~ 0 / r ~ þ'. I )J- III ~ 1 L I I I ~ Ï\ \ R = ~11 I 7l-òJ 'æ l SJ-~~ ~ I rL fT"^,,::fo1 l - Y \ I 'Y -) h ¡:=;:::: // 0 C^RDIL l\,.¡.--..., _ ~ ~ L.-1 -<- J; , I----J 1 / Irll 1/7 r-IJ ~ry I Z ~ ----j , (~~ \Iì~ \--(..>- -cJ ~y, -I ~ - -- 7"0. I./D - --\ _ -<. -: J... ----j - ::l - ,..u I M uym '"""" IICKU" HILL> U', 0 L D. ~ :; TR NI( ^~~ . L¡r--J ~/ r ' I ~'iC ~l -I,' . t-~ Q _1~~ :\ '\ ~Vt I) ~ I lït,KÎ~loç;: ...,^ ß'~'" ¡'\1 ~ ~ ~,t- V' ? I L-. ~"'!: /' 1';1 ~~. ,~\\I~, ~ 0'" t, ~II 1 O~ -1 H^RWOOD 0, 5 ~ï") Y L- f- " , '- x cr ~ ~>_ I\I'-,:K'J ) il~ ~ _ -....;;;~ MV,pJE'I'I9 I( '\, \ ~o==rç~{-::).""U ,....> --",'" /< ,"~ o.~ ...J II; ) µ-""~~ I ~~. ,<~~ ] -' ',,- ,~' ~ .,.E ¡::, ,'y,,;^. ~"ð t '''''.;:. ~ m- Jr \. RIVIER^~ CJ \ \ \ I \ L ;. I~;'· .,~. ø:--/ +-H--..." T .J \"- j !- ' ~ I~ ~ '~I ; L-~ i ~c:~(~ 3== : \'\~\= ~>-, "",(,¿X~ GeE ,,'W 0' ~- ~~I':~ i \ U II >- ".w~ _ r'"m~ jj g: i .ø,+,y I -_ ~s. Y RD. \ i ~ 1. I 1 Tn; ~~ ~I~ >-~ (:. w C : :: TTTI: , :r: ~ ST.\RN ~\\\ y- f-< - , - -' -< 7- C '" -< u --/ ,.~/ .J'..+' "t+'t -" / ~' ..,. - t1~II" P!; -'" J~ - 16 - ª - - <> 3 .g :! ) INTERST^T LOOP 62C N. - , ''''\ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department ---.::..... Council Meeting Date: 1-23-95 _ ...ubject: Award of Bid for Construction of Green Valley Community Agenda Number: GN 95-18 Park and Soccer Complex Formal bids for construction of Green Valley Community Park and Soccer Complex were received on January 10, 1995 and the results are listed below. BIDDER TOTAL BID AMOUNT H. M. Zumwalt Clifford Fogus Company Rodman Excavating $ 1,758,590 $ 1,912,781 $ 2,001,990 The Parks and Recreation Department Staff and the consultants reviewed the bids received, and recommend award of contract to H. M. Zumwalt for the low bid amount of $1,758,590. The recommended contract award amount is below the $1,781,221 available for construction. The attached plan indicates the seven fields that will be marked and equipped. This is the same plan previously approved with 11 playing surfaces. RECOMMENDATION: It is recommended that City Council award the bid for the construction of Green Valley Community Park and Soccer Complex to H. M. Zumwalt in the amount of $1,758,590. Attachment Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) _ Suffi ¡ent Funds Available Operating Budget _ '---- Other _ -~~~e:;;gnature '(/9c CITY COUNCIL ACTION ITEM . Finance Director Page 1 of Ii ! Q iji J ~~ '~ .~ ~ §L ' t; Ii Q I ¡¡¡ II> ~ K I s ~ ~~ ~- ~~ i:\~ \ ti .. 'cr.tla'1;U.IHJ.IHC; ;::------ ~~^' .. Q~ zï< gQ~ .. §~~~, ..:, 0' .~-:'!::!.=.U;,·l:'··· ~~ ~c~ gŠ[ :ijli2g; IUt<Ci' ;S~~ ~-.~ ~~U ~~;¿ ¡ul--.( ~~æ~ fWv~ ~~~8 ~~- ~:&.I= .õ~ ::"'~n t~..é ~!:~. ~;O:.JIU -~g~ _ ~£Õ~ ~~\ N/š< ~. ~~~~ 'I -¡--r-ll Nm ,) I L-- I I 'Q> (1":' ~ ~,,¡-r; I --k: I ,,' , , n --H-r CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Deoartment ~ Council Meeting Date: 1-23-95 Agenda Number: GN 95-19 ~--dubject: Arfrfitional Above Ground Lighting at NRH;¡O The City Council asked Staff to research the cost of installing additional above-ground lighting at NRH20. Park security lighting, the in-pool lighting, and conduits for future above-ground lighting were already included in the construction contract. The additional above-ground lighting offers the capability to stay open later at night if desired or if demand dictates. The architect's estimate for installing the additional above-ground lights is $32,500. Additional construction time may also be required. In order to minimize delays, Staff requests your direction regarding whether or not to include the additional above-ground lighting for the inaugural season. RECOMMENDATION: It is recommended that City Council consider authorizing Staff to execute a change order for the additional above-ground lighting and amend the project budget accordingly. .,-- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . FInance Director l~· ~--::---- ß \, Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS ''-Department: Management Services Council Meeting Date: 1-23-95 Authorization of signatures for unmarked Subject: license plates. Resolution No. 95-07 Agenda Number: GN 95-20 . . The Texas Highway Department requires cities to provide a list of employees authorized to sign for and order license plates for unmarked vehicles. This list must be approved by the City council and submitted to the State once each year. Resolution No. 95-07 supersedes Resolution No. 94-04 approved on January 24, 1994. There are three individuals authorized to sign. They are Jeanette Rewis, Thomas Powell and Tim Doyle. Recommendation: It is recommended the City Council adopt Resolution No. 95-07. "- Finance Review Source of Funds: Bonds (GO/Rev.) JUA ~operati~ Other '-- aQ R~ , Depa ment Head Signature CITY COUNCIL ACTION ITEM Acct. Number NI A Sufficient Funds Available ~ ~ ~ I City Manager Finance Director Page 1 of RESOLUTION NO. 95-07 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. The Chief of Police of The City is authorized to designate and use such unmarked license plates for vehicles as he may deem necessary for the purpose of transporting juvenile offenders, criminal investigations, and for performing official police duties. 2. The following persons are authorized to handle the registration and licensing of unmarked vehicles; Jeanette Rewis, Thomas Powell, and Tim Doyle. Passed and approved this 23rd day of January 1995. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for City · >~ >' CITY OF NORTH RICHLAND HILLS _Iepartment: Parks and Recreation Department ~ Council Meeting Date: 1-23-95 Subject: Pllhlir: Hearing -Community Development Block Grant - Agenda Number: GN 95-21 Resolution No. 95-10 The purpose of this Public Hearing is to receive citizen input regarding the 21 st Year Plan for the CDBG Program. All citizens, groups and organizations of our City are welcomed to participate and be represented in the formulation of the 21st Year Plan. This Public Hearing is open for public advice, comments, complaints, questions or presentations of alternative proposals. The public may present their view in writing by obtaining a questionnaire from the City Secretary, completing it and returning it to her office. Based on discussions with the County concerning eligible CDBG Projects within our City, it is recommended that the 21 st Year entitlement be allocated to the Youth at Risk Program. The amount of money is unknown at this time as the County ranking process takes place in March. RECOMMENDATION: "'- It is recommended that City Council hold the required Public Hearing and approve Resolution No. 95-10. Attachment Finance Review Bource of Funds: 30nds (GO/Rev.) '-. Operating Budget Other, _ þ~ ~ ~f- ..=;;:;~-- - '0 U , epartment Head Signature CITY COUNCIL ACTION ITEM , FInance Director Page 1 of RESOLUTION No. 95-10 RESOLUTION APPROVING AND ENDORSING THE 1995 COMMUNITY DEVELOPMENT PROJECT FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS. WHEREAS, the City of North Richland Hills shares in a cooperative agreement with Tarrant County for essential community development assistance activities under Public Law 93-383, the Housing and Community Development Act of 1974, as amended; and WHEREAS, at least one public hearing for the purpose of identifying and discussing community development needs, and receiving and adopting Community Development Projects, has been duly held by the City of North Richland Hills; and WHEREAS, after said public hearing and due consideration, the Youth at Risk Program was determined to be eligible for funding under this Act, and approved for filing an application for said funding; and WHEREAS, it is understood that any funds not expended on the specifically approved project will revert to the Community Development Contingency Fund, and should any repayment of funds be required by HUD due to the ineligible or non-fundable projects, the City would be responsible for repayment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills that said 1995 Community Development Project for the City of North Richland Hills, Texas be approved and endorsed. PASSED AND APPROVED THIS 23rd day of January, 1995. Tommy Brown, Mayor City of North Richland Hills ATTEST: Jeanette Rewis, City Secretary City of North Richland Hills APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City City of North Richland Hills /\ CITY OF NORTH R/CHLAND HILLS "Department: Finance dubject: Presentation of 1993/94 Audited Financial Report ~ Council Meeting Date: 1/23/95 Agenda Number: GN 95-22 Mr. Bill Hanley, partner with KPMG Peat Marwick, will be available at the Pre-Council session to present the comprehensive annual financial report for the fiscal year ended September 30, 1994. Mr. Hanley will make a brief presentation at the Pre-Council session and he and members of the City staff will be prepared to respond to any questions Council may have regarding the report. The 1993/94 Financial Report does not include any new Funds over previous reporting periods, as was done last year with the newly created Park and Recreation Facilities Development Fund. Enclosed is a summary of the various Funds showing the results of the revenues and expenses for 1993/94 and changes in Fund Balances. The projected changes in Fund Balances are generally in line with the budget projections, with the exception of the Insurance Fund. The major illnesses and injuries experienced during 1993/94 caused these expenses for the fiscal year to exceed budget forecast. In the General Fund our revenues exceeded our forecast, and because of the increased revenues, the General Fund Balance was not lowered as much as we anticipated that it would be for the Capital Improvement Project that Council approved. Overall, the City of North Richland Hills'financial experience for 1993/94 is a positive one, and we are in sound financial condition. '-/ RECOMMENDATIONS: It is recommended that the Comprehensive Annual Financial Report for 1993/94 be accepted as presented. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available . '-.... / Operating Budget ~ ~/ Other . ~J;~re City anager CITY COUNCIL ACTION ITEM . Finance Director Paae 1 of 01/18/95 CITY OF NORTH RICHLAND HILLS FINAL AUDIT FIGURES FOR YEAR ENDED 9/30/94 GENERAL FUND: Revenues . " $17,146,141 PARK AND LIBRARY FUND: Transfer In 209,574 Revenues $149,229 Expenses (16,347,172) Transfer In 0 Transfer Out (1,195,979) Expenses (173,432) Increase in fund balance ($187,436) Increase in fund balance ($24.203) UTI LlTY FU N 0: INSURANCE FUND: Revenues - Operating $18,023,807 Revenues - Operating $2,513,116 Revenues - Non-operating $277,722 Other Sources - Non-operating 53,984 Expenses - Operating (15,347,360) Expenses (2,724,164) Transfer Out (1,133,731) Decrease in fund balance ($157,064) Other Expenses ( 1,120, 127) Increase in retained earnings $700,311 * PARK AND REC DEV FUND: Revenues $3,154,263 * This does not include Revenue Bond Principal Other Sources 3,895,000 payments of $1,195,000 made in fiscal year 1994. Expenses (2,891,631) Transfer Out (1,756,477) SPECIAL INVESTIGATION: Increase in fund balance $2,401,155 Revenues $451,009 Transfer In 52,751 GENERAL DEBT SERVICE FUND: Expenses (209,698) Revenues $4,064,752 Transfer Out (71,030) Other Sources 997,767 Decrease in fund balance $223,032 Expenses (5,051,536) Decrease in fund balance $10,983 DRAINAGE UTILITY FUND: PARKS DEBT SERVICE FUND: Revenues $661,217 Revenues $0 Expenses (270,803) Transfers In 1,756,478 Transfer to OS (531,674) Expenses (766,478) Increase in fund balance ($141,260) Decrease in fund balance $990,000 GOLF COURSE: GCP FUND: Revenues - Operating $2,008,893 Revenues $732,074 Expenses - Operating (1,778,049) Other Sources 1,781,747 Other Expenses (383,095) Expenses (4,656,371) Increase in retained earnings ($152,251) Increase in fund balance ($2.142,550) MANAGEMENT SERVICES: PROMOTIONAL FUND: Revenues - Operating $1,990,874 Revenues $194,182 Other Sources - Non-operating 49,888 Expenses (242,576) Expenses (1,666,887) Decrease in fund balance ($48,394) Transfer Out (109,426) Increase in fund balance $264,449 C:\123DA T A\AUDIT\1994\FINAL. WK4 CITY OF NORTH RICHLAND HILLS "-- Department: I A{J;:t1 Subject: Authorizing Release of Street Assessment Lien - Resolution No. 95-09 Council Meeting Date: Agenda Number: 1/23/95 GN 95-23 . - Charles A. Matthews has an original assessment against his property (Tract 4809 of Abstract 311, J. Condra Survey) in the amount of $7,021.29. He is willing to pay the full net assessment, without our resorting to foreclosure, if the City will accept that figure, $7,021.29. Resolution No. 95-09 authorizes release upon payment of this amount. Recommendation: It is recommended that City Council approve Resolution No. 95-09. ',-- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available '-- Finance Dlreclor De artment Head Signature CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 95-09 WHEREAS, Tract 4B09 out of Abstract 311 of the 1. Condra Survey, and its owner, Charles A. Matthews, are assessed the sum of $7,021.29 by the terms of Street Assessment Ordinance No: 1513; and WHEREAS, the owner is willing to pay said net assessment in exchange for a release from the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Secretary is authorized to release the above described assessment lien upon payment by the present owner of the sum of $7,021.29, PASSED AND APPROVED this 23rd day of January, 1995. APPROVED: Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City - CITY OF NORTH RICHLAND HILLS _- Department: Finance ~ Council Meeting Date: 1/23/95 dubject: Implementation of Management Infonnation Services Report Agenda Number: GN 95-24 Council reCently authorized a computer needs assessment and study to assist the staff in evaluating the current computer operations and. to identify the City's computer needs now and into the near future. Brady LeBlanc was retained to conduct thiš nèeds assessment At the January 16, 1995 City Council work session, Mr. LeBlanc made a presentation regarding the past, present and future computer needs. At that work session, the City staff recommended that the Council adopt the report "in concepf to be used to fonnulate a comprehensive MIS plan for the City of North Richland Hills. It was also suggested that the staff further review and evaluate the study recommendations and to prepare an implementation and financing plan that addresses the findings of the study. It was CounCil consensus at that meeting to accept the report and to proceed with an implementation and financing plan. One of the éssential elements of moving forward and improving our Management Infonnation Services is to hire a MIS Director that has a combination of technical and managerial abilities. We would like to proceed with the hiring of a MIS Director as soon as possible to assist us with developing a comprehensive MIS plan and to make needed improvements in our computer systems. A job description outlining the types of qualifications and requirements for such a position is attached for your review. It is our recommendation that this salary range be set at Pay Grade 32 which is $50,388 to $73,056. The additional costs (above projected nonnal increases) over the next five years to make improvements to our computer system are estimated at $1,300,000. Of this, the software, hardware and other associated costs that relate to the Utility Department and Utility Billing are estimated at $648,000. The General Fund's portion of these Jdditional costs for the five years is estimated at $517,000 and the balance of $135,000 are costs associated with '-other Funds of the city, such as Promotional, Park and Reaeation Development Fund, Internal Service' Funds, etc. To finance the Utility share of the computer system improvements, it is recommended that the Reserve for Capital Projects that has been established in the Utility Fund for ·pay as you go· Capital Improvements be used to finance the annual costs. The Generat Fund's costs wiD range from $85,000 to $103,000 per year based on the report, and it is recommended that these costs be included in the operating departments of the General Fund and financed through annual operations. The other miscellaneous Funds will average approximately $27,000 per year and can also be incorporated into their annual operating expenses. It should also be mentioned that the annual implementation costs will fluctuate according to the programs and systems installed, and this will require an internal loan from the Utility, Fund to provide this interim financing. We would plan that the loan be repaid by the other Funds, and this is included in the numbers mentioned in the preceding paragraph. . RECOMMENDATION: It is recommended that City Council accept the MIS evaluation report, authorize staff to develop an implementation plan and proceed with the implementation of that, approve the financing as outlined above, and authorize proceeding with hiring an MIS Director in accordance with the job description and pay range recommended. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot er - - . Finance Dorecla. ead Signature CITY COUNCIL ACTION ITEM Paae 1 of CITY OF NORTH RICH LAND HILLS JOB DESCRIPTION POSITION: MANAGEMENT INFORMATION SERVICES DIRECTOR DEPARTMENT: MANAGEMENT INFORMATION SERVICES STATUS: APPOINTED (EXEMPT) REPORTS TO: ASSISTANT CITY MANAGER NATURE OF WORK: This is highly professional and technical work in the field of information systems and telecommunications. Work includes formulation of policies and procedures, analyzing, evaluating, and determining the City's current and future communication and informational systems needs. Incumbent has primary authority and responsibility for Management Information Services. Supervision is exercised over assigned personnel and work is reviewed by the Assistant City Manager for the achievement of desired results. ESSENTIAL FUNCTIONS: 1. Survey individual department heads for their future data processing/management information system needs, develop and implement programs to meet the needs identified by senior management , effectively communicate those needs to subordinates, and formulate subsequent policies and procedures by providing guidance to staff both orally and in writing. 2. Exercise leadership by managing personnel, departmental budget, and other resources of the Management Information Services department by preparing plans and objectives, e,stablishing and communicating performance and organization goals to staff and evaluating performance and effectiveness. 3. Select, direct, and evaluate technical staff, define staff responsibilities, establish performance--standards, review staff performance and initiate corrective actions when necessary. 4. Analyze complex technical problems related to computer services of city departments. 5. Assist technical staff in analyzing and solving software/hardware problems that occur. 1 6. Advise the Senior Management on the impact and operations of current and future information services programs through verbal presentations and written reports. 7. Prepare and administer annual operating budget for the department. - ~ 8. Develop, implement, and maintain a comprehensive Master Plan for city wide computer operations. 9. Interact with departments in order to evaluate user needs within departments to determine cost effective alternatives and to ensure city-wide coordination of computer/information systems among and between departments. REQUIREMENTS OF WORK: 1. Ability to communicate effectively with Senior Management, subordinates and various user departments. 2. Ability to comprehend technical information and to effectively communicate that information to non-technical personnel. 3. Ability to develop training and assistance program with MIS staff using various software programs and maintain knowledge of data processing system software operation and applications. 4. Ability to work with the Employee Computer Advisory Committee in order to assist in the assessment of computer needs of City departments. Offer technical expertise through alternatives and recommendations. Coordinate regular maintenance and upgrades of departmental systems. Ensure an organizational approach to information services. 5. Define, recommend, and implement approved system productivity enhancements and changes încluding remote communications, hardware, software and network upgrades. Maintain working knowledge of all system application software installed. Prepare progress reports to inform management of project status. 6. Ability to manage the installation, maintenance and service for all computer systems within the city. Maintain service contracts and keep a detailed equipment inventory of all computer equipment and software within the city to provide optimum levels of service for City departments. 7. Assist technical staff in diagnosing and solving computer equipment problems. 2 8. Ability to supervise the development and implementation of the Geographical Information System. 9. Knowledge of computer hardware component capabilities and communications including AS/400 minicomputer equipment, token ring networks and Local Area Network~ (LAN). 10. Contract with and manage relationships with outside contractors providing programming, installation, and training services to the City. Implement maintenance and service contracts on various City systems and programs. 11. Remain current on the latest developments in the field of information services through technical journals, workshops, and seminars. 12. Ensure proper data processing coordination throughout City departments by developing and implementing centralized procedures and policies for data processing hardware and software requests, needs, and anticipated growth. Ensure new equipment and software remain compatible. EXPERIENCE. EDUCATION AND TRAINING The above requirements and functions may be demonstrated through a Bachelor's Degree in computer science, math or other related field AND five years of managing computer processing systems, two of those years in a supervisory capacity. The requirements may also be demonstrated through any other equivalent combination of education and progressively responsible supervisory and management experience in the Information Services field. Knowledge and experience with data communications theory, local area network theory, and wide area network theory are needed. Experience with municipal software applications, specifically related to finance and public safety as well as AS/400 systems, are helpful. Novell Certified NetWare Engineer (CNE) or equivalent is also helpful. A Master's degree is preferred. 3 CITY OF NORTH RICHLAND HILLS Subject: Legal Council Meeting Date: Final Form for Lease on Tennis Court/Athletic Agenda Number: Complex and Approve Letter of Agreement with BISD 1/23/95 GN 95-25 ~jDepartment: , '. The School District has made some changes in the lease by adding a supplement. The application for a grant cannot be filed in this form. We have assurance that the district will act and approve the lease in the attached form on Thursday, January 26, 1995. We are also giving them a Letter Agreement dated January 27, 1995. Recommendation: It is recommended that City Council approve the final form for Lease on the Tennis Court/Athletic Complex and approve the Letter of Agreement with BISD. Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Finance Review Finance Director Depa re CITY COUNCIL ACTION ITEM Page 1 of REX McENTIRE P. O. Box 820609, 7301 N.E. Loop 820 North Richland Hills, TX 76182-0609 817 581-5501 Fax: 817 581-5516 FAX TRANSMISSION COVER SHEET Date: ,.--- /~L..) - 7:> Fax: j ß >~ 7 Re: ~~~~~ Sender: '-Þ/) ~ /ý ~ fQ-p¿- fit c Cf fr'kz Nt ~r &(' ~ ~- L.-7{J.- To: You should receive / .5 pages(s), including this cover sheet. If you do not receive all the pages, please call 817 581-5501 ~~fÞ-- ·1~~~ Þ- J ~ ""j~AM- ~ OL ~ ~ -~ ~~ S~ w,ì/ ~ rl'P(, ~#.( ;tdlic ~ · . .~~ .~ Revised January 23, 1995 LEASE AND CONSTRUCTION AGREEMENT BETWEEN BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF NORTH RICHLAND HILLS This Lease and Construction Agreement ("Agreement") is between the BIRDVILLE INDEPENDENT SCHOOL DISTRICT ("BISD") and the CITY OF NORTH RICHLAND HILLS ("NRH"). WHEREAS, BISD is the owner of a tract of land upon which is located Richland High School. A portion of the tract is suitable to develop into athletic/recreational facilities, portions of which could be used by both parties. The tennis courts at the school are in need of substantial repair, and the number of courts is inadequate for the school's tennis program. NRH desires to have a tennis center for the city's recreational program; and WHEREAS, BISD and NRH have jointly considered and studied the needs of the school district and the city and believe that substantial savings to the taxpayers of both can be obtained by joining together to produce athletic/recreational facilities that will provide the school district new athletic/recreational facilities for use by the school district, and the city will have facilities for the use of the city's recreational program; and WHEREAS, BISD and NRH desire to enter into this Agreement to provide the land for and to construct athletic/recreational facilities for use by both parties; and LEASE AND CONSTRUCTION AGREEMENT - Page 1 WHEREAS, to effectuate the purposes stated above, this Agreement is executed. NOW 'THEREFORE IN CONSIDERATION One Dollar ($1.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and the mutual covenants and agreements contained herein, the parties agree as follows: JOINT CONSTRUCTION OF ATHLETIC/RECREATIONAL FACILITIES 1. BISD and NRH agree to jointly construct athletic/recreational facilities pursuant to drawings and specifications (the "Plan") mutually designed, developed and agreed to by both parties and identified as the athletic/recreational facilities at Richland High School. The athletic/recreational facilities will be constructed on land owned by BISD just south and east of the Richland High School facility and more particularly described on the working draft document attached hereto as Exhibit "A" (the "Property"). 2. Construction of Improvements and Alterations. Construction of the improvements shall be effected as set forth hereafter. LEASE AND CONSTRUCTION AGREEMENT - Page 2 a. Responsibility. NRH shall cause plans and specifications for construction of the improvements to be prepared and which plans and specifications shall be subject to the joint approval' o'f BISD and NRH. A construction contract shall be executed between NRH and a contractor selected by NRH which shall provide for no liability of BISD and no encumbrance upon its Property. Construction shall be undertaken, inspected and supervised by NRH provided, however, that BISD reserves the right to review, inspect, and comment on such construction, and its evaluation shall, to the extent reasonable and possible, be implemented by NRH, so long as no additional cost is incurred by NRH. NRH and BISD reserve the right to perform parts of the construction with its own employees. NRH and BISD agree to pursue joint decision making on all aspects of the construction of these athletic/recreation facili ties. However, in the event both parties are unable to jointly resolve any aspect of facility design or construction, then the final decision specific to that dispute will be submitted for resolution to the Mayor of NRH and the Board President of BISD. In the event the Mayor of NRH and Board President of BISD are unable to jointly resolve any aspect of facility design or construction, LEASE AND CONSTRUCTION AGREEMENT - Page 3 then the matter will be submitted within thirty (30) days to a third party mediator. In the event the third party mediator is unable to cause the parties to resolve any aspect of facility design or èonstruction, then the final decision specific to that dispute, within thirty (30) days of mediation impasse, will be submi tted, for binding arbitration by a third-party arbitrator, whose decision will be final. The third party mediator and/or third party arbitrator shall be mutually agreed on by the parties or, absent such agreement, each party shall name a third party mediator (or arbitrator, as applicable). The two third party mediators (or arbitrators, as applicable) shall thereafter jointly agree on a mediator (or arbitrator, as applicable) to perform the duties described in paragraph 2.a herein. Any appointed mediator (or arbitrator, as applicable) must have completed adequate training and/or attained appropriate certification as is customary in Tarrant County. b. Time and Permitted Interruptions. NRH shall commence construction of improvements as soon as practicable after the date hereof and shall proceed to complete those improvements with minimum delay. The time within which NRH is obligated hereunder to construct, repair, maintain or rebuild any building, structure, or other improvement, shall extend for a reasonable period of time, and performance delays shall be excused on account of and for and during the period of, any delay caused by strikes, threats of LEASE AND CONSTRUCTION AGREEMENT - Page 4 strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or regulation of any governmental agency, law or ordinance, impossibility of obtaining materials, or other things beyond the reasonable control of NRH. NRH shall use its best efforts to complete the facilities or cause the facilities to be completed at the earliest possible date in accordance with the construction contracts. Provided, however, the parties agree to direct any contractor performing work on the Property to temporarily stop any activity which disrupts important educational activities, such as testing, upon request by the BISD Superintendent, or his designee. c. Contractor Requirements. NRH shall require every contractor to furnish insurance protecting NRH and BISD, their respective officers, agents and employees, as their respective interests may appear, against any claims for personal injuries, death claims, and property damage that may be asserted because of said construction and equipping, said insurance to be of such character and in such amounts as may reasonably be determined by NRH. NRH shall further require all contractors to post performance and payments bonds and shall submit the form of such bonds to BISD for its review and reasonable approval prior to bidding the construction. d. Cooperation of BISD and NRH. BISD agrees to give full access to its facilities and cooperate with each contractor LEASE AND CONSTRUCTION AGREEMENT - Page 5 engaged in constructing and equipping the facilities during the time of construction and shall permit NRH and its employees and agents, at all reasonable times, to enter and inspect such construction and equipping. Notwithstanding the foregoing, NRH and the construction contractors shall use every reasonable effort to minimize the disruption of school activities in connection with the construction or review of construction. e. Primary Management and Operations Authority for the Improvements. Primary management and operations authority for the following improvements placed on the Property by NRH shall be and remain in NRH subject to the terms and conditions of this Agreement: Tennis Center, Hike/Bike Trail & Pedestrian Bridge, Tennis Center parking lot, related utilities, and future Natatorium, if developed at this site. Primary management and operations authority for the following improvements shall remain with BISD subject to the terms and conditions of this Agreement: Varsi ty Baseball Field, Band Practice Field, Practice Athletic Fields, and future Varsity Softball Field. LEASE OF PROPERTY 3. BISD agrees to lease the Property to NRH together with all easements, rights and appurtenances in connection therewith for the shared use by NRH as further described herein. This Agreement LEASE AND CONSTRUCTION AGREEMENT - Page 6 shall continue for a period of 25 years from the completion of the proj ect and shall not be revocable at will by the lessor. The elements funded with Texas Parks & Wildlife Department grant funds will remain dedicated to public recreation use throughout the 25 year term of the lease and both parties are willing to comply with all grant assisted program guidelines for the term of the lease. a. BISD agrees to share the use of the main Richland High School parking areas at all times when there is not a BISD activity scheduled for the school facility. PHASE I 4. Phase I of this project will include the demolition of the existing baseball field by BISD following the baseball season in the spring of 1994. A new baseball field will be constructed by BISD on the 33.5 acre tract northeast of the school on the west side of the drainage channel and more particularly described on Exhibit "A" (the "Northeast Tract"). Fill material will be required to "reclaim" the Northeast Tract from the floodplain pursuant to U. S. Corp of Engineer Regulations and subj ect to the review and interpretation of the NRH Public Works Department. BISD and NRH agree to provide any dirt left over from construction projects in the most economical way and NRH agrees to complete the reclamation. After reclamation, NRH will complete site preparation. LEASE AND CONSTRUCTION AGREEMENT - Page 7 PHASE II 5. Phase II will include construction of the tennis center on the Property. The proposed budget for the tennis center is $1,925,000.~0 of which BISD will contribute $320,000.00 along with providing the land pursuant to the terms of this Agreement, and the balance of which will be contributed by NRH. The tennis center will contain approximately nineteen lighted courts, contingent upon site restrictions and other limiting conditions. 6. A new baseball field and practice fields will be constructed on the Northeast Tract on the west side of the channel. Practice fields for baseball, softball, soccer and football will be constructed on the east side of the channel on the Northeast Tract and space will be allocated to construct a softball field for girls fastpitch in the future. BISD will construct the baseball field and the irrigation system and establish the turf. NRH will contribute $11,000.00 toward the construction of the new baseball field, and will provide the backstops, soccer goals, and turf material, for the practice fields on the Northeast Tract. BISD will make available its hydromulch equipment and both BISD and NRH will jointly provide labor for the hydromulch application. The general public will be permitted to use the practice fields and open space when not being used for scheduled school activities, subject to the provisions of Section 2.C. of the Joint Use Agreement. LEASE AND CONSTRUCTION AGREEMENT - Page 8 7. A new band practice area will be developed by BISD on the Northeast Tract and/or north of Lewis Drive as shown on Exhibit "A". 8. À trail system and pedestrian bridge will be constructed by NRH in accordance with the Plans. The trail system and pedestrian bridge are included as part of a recently approved "ISTEAH Enhancement grant. Development and construction phasing may be determined by Texas Department of Transportation timetables. PHASE III 9. Phase III may include the construction of a natatorium at some future date. Funding has not been established but the parties agree that the area indicated on Exhibit "A" as "Future Natatorium" will be reserved for such purpose for a minimum of 5 years from the effective date of this Agreement or until NRH chooses an alternate site for natatorium development or takes action to abandon such plans. The awarding of a design contract for a natatorium within 5 years of formal adoption of this Agreement shall serve as notification of intent to construct said facility. Construction will begin within one year of the completion of facility design. The construction plans, operations, and financial considerations will be mutually agreed upon by both parties prior to any commitment of development. LEASE AND CONSTRUCTION AGREEMENT - Page 9 OPERATION OF TENNIS CENTER AND ATHLETIC/RECREATION FACILITIES 10. A separate Joint Use Agreement which describes the manner in which the implementation of the joint use of the property, the methodology by which such joint use shall be shared during the term of this Agreement, the method of communication between the parties hereto, and general administrative issues in the implementation of this Agreement, is attached hereto and made a part hereof. An additional Joint Use Agreement, specific to the natatorium, will be developed when and if a joint decision is made to build such a facility at this site. USE OF FACILITIES BY BISD 11. See Joint Use Agreement. SIGNS 12. NRH shall have the right to erect and maintain all signs necessary and appropriate to the operation of the tennis center and trail system; provided, however, that no sign shall be erected if the erection, maintenance or removal would decrease the value of the Property without the consent of BISD or would be in violation of any rule or regulation of the Texas Education Agency or the State Board of Education. LEASE AND CONSTRUCTION AGREEMENT - Page 10 CHANGES, ALTERATIONS OR ADDITIONS 13. Significant changes, alterations or additions to the athletic/recreational facilities shall be submitted to both parties for reasonable evaluation and joint approval, pursuant to the terms described in the Joint Use Agreement. DEDICATION OF HOLIDAY LANE RIGHT OF WAY AND CALLOWAY BRANCH FLOODWAY/WETLANDS AREA 14. BISD agrees to dedicate a strip of land adequate to acconunodate the improvement of the Lewis Drive - Holiday Lane intersection (As per Exhibit "B"). BISD agrees to dedicate, in perpetuity, the floodway/wetlands area along Calloway Branch for outdoor recreation, educational and interpretive uses. COMMENCEMENT OF CONSTRUCTION 15. The parties agree to commence construction and diligently pursue completion of Phases I and II as soon as reasonably possible after Plans have been approved by NRH and BISD. LEASE AND CONSTRUCTION AGREEMENT - Page 11 Executed this day of , 1995. CITY OF NORTH RICHLAND HILLS BIRDVILLE INDEPENDENT SCHOOL DISTRICT , " By: TOMMY BROWN, MAYOR By: CALVIN WHITE, PRESIDENT ATTEST: ATTEST: JEANETTE REWIS, CITY SECRETARY CHARLES SCOMA, SECRETARY APPROVED AS TO FORM: ATTORNEY FOR THE CITY ATTORNEY FOR BISD Rex McEntire James B. Morgan LEASE AND CONSTRUCTION AGREEMENT - Page 12 N@:)RTH RICH LAND HILLS " -... January 23, 1995 Mr. J, B, Morgan FAX 595-2712 Subject:: Grant Application and Tennis CourURecreation Project Dear J. B.: I have faxed you the two documents (Lease & Letter) needed to get the application filed before January 31, 1995. We all should understand that the application will not be filed by the department except in the form submitted to you. Now, having said that, if the application is not approved, we agree to cancel this entire deal and start over. If it is approved, the City will execute the attached "supplement" which you prepared along with a mutually acceptable agreement concerning ultimate disposition of the facility. We should understand this supplement will be a side agreement between the City and the District. The City has no objection to your "buyout escape clause" in the supplement, but if it goes with the application it will not be filed by the State Agency. I will get the contents of this letter formally approved at tonight's meeting. ' Rex McEntire Attorney for the City RM/gs '301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5500 FAX (817) 581-5516 ~~T B.y: 1-20-95 9:54 ;CITY Of ~.RICH.HILLS~ ~RH PARKS & REC. ;# 21 3 SUPPLEMENT 1'0 LEASE AND CONSTRUCTION AGREEMENT BETWEEN THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF NORTH RICHLAND HILLS ~"' - .~.. This is a supplement to that certain LEASE AND CONSTRUCTION AGREEMENT BETWEEN BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF NORTH RICHLAND HILLS, dated June 27, 1994 (the "Agreement"). The parties to the Agreement, the City of North Richland Bills ("NRH") and the Birdville Independent School District ("BISD") (collectively the "Parties"), have carefully negotiated the Agreement to join together and share resources to provide recreational facilities that can be used in the programs of both Parties. To further achieve their goal of providing facilities for the largest number of participants, the Parties desire to join together to apply for a development grant (the "Grant") fronl the Texas Parks & Wildlife Department ("TPWDIt). The purpose of ,this Supplement is for BISD to make the necessary commitments required by TPWD in connection with construction grants. To that end, BrSD: o has executed a Lease and Construction Agreement and a Joint Use Agreement with NRH, copies of which will be sub~itted with the Grant Application; o has conrtnitted the sum of $320,000.00 £or the recreational facilities described in the Grant Application as well as the land on which the recreational facilities will be constructed¡ o has agreed to dedicate, in perpetuity, the flood~ay/wetlðnds area for outdoor recreation, educational and interpretive uses. The Lease and Construction Agreement and the Joint Use Agreement SUPPLEMEN'I' TO LEASE AND CONSTRUCTION AGIU!:J!:tiENT BETWEEN TeE BIRD~LLE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF NORTB RICHLAND BILLS BANDY & MORGAN 3/NRHCONT.SUP ,.:!51\JT BY: 1-20-95 9:54 ;CITY Of N.RICH.HILLS~ NRH PARKS & REC. ;;:. 3/ 3 have alrea.dy been approved by the governing bodies of the two Parties and have been executed. The commitment to expend money on the facilities and to. dedicate the floodway and wetlands are conditioned upon approval of the Grant by TPWD. . " . . BISD has no knowledge of any person or entity that is int,erested in purchasing the property, but it believes that it is prudent planning in entering a long term agreement which will tie up some of its property I to reserve the right to buyout its obligation under the Agreement upon payment to NRH. The rationale of BISD is that if a third par~y should be willing to purchaae the property at a price that would e~able th~ties BIS~to purchase additional land and construct recreational facilities equal to or greater than those provided with the funds from the Grant, then this would insure that NRH, BISD and the TPWD would all benefit, 7 and the recreational faoili ties provided by the Grant would be upgraded and extended at the same time. BISD agrees that such right is subjeot to BISD satisfying TPWD that the buyout would be oonsistent with, and likely enhance, the program of the development grants of the TPWD. Executed this day of Jan~ary, 1995. CITY OF NORTH RICHLAND HILLS BIRDVILLE IND. SCHOOL DISTRICT By: TOMMY BROWN, MAYOR ATTESt': By: CALVIN WHITE, PRESIDENT A1''l'B'S1': JEANETTE REWIS, CITY SEC. CHARLES SCOMA, SECRETARY SUPPLEMENT TO LEASE AND CONSTRUCTION AGREE~NT BETwEEN THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND TSE CITY OP NORTB RICHLAND HILLS HANDY' MORGAN 3/NRHCONT.SUP CITY OF NORTH RICHLAND HILLS Department: Finance / Management Services Council Meeting Date: 1/23/95 Subject: Award Bid for HV AC 'Tns.t~11~tjon ~t C:jtj~ hlp. Agenda Number: PU 95-02 . 0. In the 1994/95 approved budget, Council appropriated funds for the replacement and maintenance of the HV AC systems in various buildings. The HV AC unit located over CitiCable is not working properly and needs to be replaced. Formal bids were solicited and the results are outlined below. Artie Air $7,300 $7,498 Brown Service Company Air-Rey Air Conditioning Company $9,240 Recommendation: It is recommended City Council award the bid for the HV AC replacement to Artic Air in the amount of $7,300. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget -X Ot r 06-01-02-6900 .... .. \. Fln....ce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Management Services Council Meeting Date: 1/23/95 Subject: Award Bid for Police Motorcycle Agenda Number: PU, 95-03 . . In the 1994/95 approved budget, Council appropriated funds for the purchase of two motorcycles, a replacement for an existing unit and one for the additional motorcycle officer position approved at budget work session. Fonnal bids were solicited and the results are outlined below. Kawasaki City $16,080 Kawasaki of Fort Worth $16,983 Funding Source: 06-01-03 -6600 $8,040 01-80-04-6600 $8,040 "-- Recommendation: It is recommended City Council award the bid for two Kawasaki motorcycles to Kawasaki City in the amount of$16,080. Source of Funds: Bonds (GO/Rev.) Operating Budget -.X. Oth Finance Review Acct. Number See Above Sufficie Funds Available FlnMce Director re CITY COUNCIL ACTION "EM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1/23/95 Subject: Award Bid for Computer Equipment Agenda Number: PU 95-04 In the 1994/95 åpproved budget, Council appropriated funds for the purchase of computer equipment. Formal bids were solicited for computer equipment for the City Secretary's office, Public Works, Finance and Park Departments. The results are outlined below. The miscellaneous equipment mentioned below is emulation boards and software, printers and tape drives. Computers Miscellaneous Equipment Leo Leo International $15,165 $3,294 Argosy Technology $19,970 $7,334 ffiM PC Direct $27,263 $3,565 Corporate Technology Group $29,864 $10,107 In an effort to standardize computer equipment, Staff has been purchasing only ffiM equipment for the last two years. This will assist the City in becoming self-sufficient for maintenance on computer hardware, and interchanging parts and supplies. The computers and miscellaneous equipment offered by Leo Leo International and Argosy Technology do not meet the specifications. ffiM PC Direct did not quote on the printers, and Leo Leo International did not quote the correct emulation or printer models. After evaluating the bids Staff feels the computers should be ordered ftom ffiM and the emulation boards and software, tape backup and printers should be purchased ftom Corporate Technology. Funding Source: 01-13-02-6500 01-99-01-6400 13-00-95-6500 09-92-14-6000 $3,309 $4,151 $6,526 $12,935 01-13-03-6500 01-20-02-6500 01-75-30-6500 $2,409 $3,785 $4,255 Recommendation: It is recommended City Council award the bid for the computers to ffiM PC Direct in the amount of$27,263, and award the bid for various equipment to Corporate Technology Group in the amount of$10,107. Finance Review Acct. Number See Above Suffici t Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget X '-'~ ' partment H ad ignature H .....~ CfTYCOUNCIL ACTION ff EM Finance Dlreclot Page 1 of