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Home My WebLink AboutCC 1995-02-13 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA FEBRUARY 13, 1995 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER .,. '·r~·"'<.> ITEM ACTtÐN TAKEN 1 Employee Service Awards (5 Minutes) 2. PZ 94-26 Public Hearing to Consider an Amendment to the Zoning Ordinance No. 1874 Regarding Signs'- Ordinance No. 2035 (Agenda Item No.9) (5 Minutes) 3. GN 95-32 CDBG - Dan Echols Senior Adult Center Improvements (Agenda Item No. 18) (5 Minutes) 4. PU 95-05 Reject Bids for Library Lighting Modifications' (Agenda Item No. 23) (5 Minutes) 5. PU 95-06 Contract Renewal for Mowing of Rights-of-Way (Agenda Item No. 22) (5 Minutes) 6. PW 95-06 Approve 1994/95 City Street Overlay Program (Agenda Item No. 24) (10 Minutes) 7. PW 95-08 Ratify City Developer Agreement for W$tçers Branch Channel Improvements, PhasiPt with E- , Systems, Inc. Pool Trust (Agenda Item No. 26) (5 Minutes) 8. PW 95-09 Repair to Franklin Court (Agenda Item No. 27) (10 Minutes) ~¥' Page 2 NUMBER ITEM ACTION TAKEN 9. Other Items 10. *Executive Session (15 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 Environmental Services Problem 10. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA FEBRUARY 13, 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 23, 1995 5. Presentations by Boards & Commissions a. Library Board Minutes b. Park & Recreation Board Minutes Page 2 NUMBER ITEM ACTION TAKEN 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (12,13,14,15,16,17,18, 19,20,21,22,23,24,25,26,27& 28) 8. PZ 94-25 Public Hearing to Consider the Request of M & J Construction to Rezone Tracts 1 C, 1 C1 and 1 C2, W.D. Barnes Survey, Abstract 146, from AG Agriculture to R-2 Single Family Residential - Ordinance No. 2033 (Located in the 7600 Block of Smithfield Road) 9. PZ 94-26 Public Hearing to Consider an Amendment to the Zoning Ordinance No. 1874 Regarding Signs - Ordinance No. 2035 10. PZ 94-27 Public Hearing to Consider the Request of Tutor Time Child Care Center for a Special Use Permit for a Day Care Center on Lot 1, Block 3, Tapp Addition - Ordinance NO.2032 (Located at 4655 Hilltop Drive) Page 3 NUMBER ITEM ACTION TAKEN 11. PZ 95-02 Public Hearing to Consider the Request of Mark Hagood for a Special Use Permit for a Machine Shop on Lot 5, Block 1, North Edgley Addition - Ordinance No. 2034 (Located at 4243 Road to the Mall) *12. GN 95-26 Revisions to Public Works Design Manual - Resolution No. 95-11 *13. GN 95-27 Approve Reallocating Revenue Bond Funds from Industrial Streets Utility Adjustments *14. GN 95-28 Approve City/Owner Covenants and Agreements with Jim Stephens - Holiday Lane Extension Project (Bogart Dr. to Watauga Rd.) *15. GN 95-29 Approve City/Owner Covenant and Agreement with Fort Worth Christian School - Holiday Lane Extension Project (Bogart Dr. to Watauga Road) *16. GN 95-30 Approve City/Owner Covenant and Agreement with College Hill Church of Christ - Holiday Lane Extension Project (Bogart Dr. to Watauga Road) Page 4 NUMBER ITEM ACTION TAKEN *17. GN 95-31 Approve Easement Agreement for IH 820/SH 26/FM 1938 Utility Adjustments with Hudiburg Chevrolet, Inc. - Resolution No. 95-12 *18. GN 95-32 CDBG - Dan Echols Senior Adult Center Improvements *19. GN 95-33 NRH20 Family Water Park Phase II Change Order NO.4 *20. GN 95-34 Calling City Council Election - Resolution No. 95-13 *21. PU 95-05 Reject Bids for Library Lighting Modifications *22. PU 95-06 Contract Renewal for Mowing of Rights-of-Way *23. PU 95-07 Award Bid for Sand Volleyball Courts at North Richland Middle School *24. PW 95-06 Approve 1994/95 City Street Overlay Program Page 5 NUMBER ITEM ACTION TAKEN *25. PW 95-07 Approve City-Developer Agreement for CIP Water System Improvements with North Tarrant Parkway Ltd. for the Forest Glenn Addition *26. PW 95-08 Ratify City Developer Agreement for Walkers Branch Channel Improvements, Phase I with E- Systems, Inc. Pool Trust *27. PW 95-09 Repair to Franklin Court *28. PAY 95-01 Approve Final Reimbursement Payment to Mobile Pipe Line Company for Adjustments on Calloway Branch Channel Improvements, Phase II-B *29. PAY 95-02 Approve Final Pay Estimate NO.5 in the Amount of $33,258.98 to Orval Hall Excavating Co. for Browning Drive Paving & Drainage Improvements 30. Presentation of Video - The Daddy/Daughter Valentine Dance POSTE.D /, ..J <7\ -/() '{ ~ ~ Date 31. Citizens Presentation 13 ¡ .£LfJ1~--_._.._-- - 1--- - --- Time City Secretary . 32. Adjournment ,.1 r7 (/y-td~ ___...u L'<"( 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 23,1995 - 7:30 P.M. ,~ 1. CALL TO ORDER Mayor Brown called the meeting to order January 23, 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 Tem Councilman Councilman Councilwoman Councilman Councilman Councilwoman Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JANUARY 9, 1995 APPROVED Councilman Oujesky moved, seconded by Mayor Pro Tem Wood, to approve the minutes of the January 9, 1995 meeting. January 23, 1995 Page 2 Motion carried 7-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (10,11,12,13,14,16,17,19,20 & 21) APPROVED Mayor Pro Tem Wood moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 7-0. 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 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. LeBaron, Planning and Inspection Director, explained the proposed amendment. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 2030. Motion carried 7-0. January 23, 1995 Page 3 9. GN 95-15 - APPOINTMENT TO TEEN COURT APPROVED Councilman Garvin moved, seconded by Councilwoman Johnson, to appoint Mr. Wayne Moody to Place 2 on the Teen Court Advisory Board. Motion carried 7-0. *10. GN 95-16 - NORTH ELECTRIC MULTI-USE TRAIL LICENSE AGREEMENT WITH TU ELECTRIC APPROVED *11. GN 95-17 - ESTABLISHING A 30 MPH SPEED LIMIT ON BROWNING DRIVE - ORDINANCE NO. 2031 APPROVED *12. GN 95-18 - AWARD OF BID FOR CONSTRUCTION OF GREEN VALLEY COMMUNITY PARK AND SOCCER COMPLEX APPROVED *13. GN 95-19 - ADDITIONAL ABOVE GROUND LIGHTING AT NRH:zO APPROVED *14. GN 95-20 - AUTHORIZATION OF SIGNATURES FOR UNMARKED LICENSE PLATES - RESOLUTION NO. 95-07 APPROVED 15. GN 95-21 - PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT - RESOLUTION NO. 95-10 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. January 23, 1995 Page 4 Mr. Sanford, City Manager, advised the grant was being submitted to fund the "After School Program". There being no one wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Johnson moved, seconded by Mayor Pro Tem Wood, to approve Resolution No. 95-10. Motion carried 7-0. *16. GN 95-22 - PRESENTATION OF 1993/94 AUDITED FINANCIAL REPORT APPROVED *17. GN 95-23 - AUTHORIZING RELEASE OF STREET ASSESSMENT LIEN - RESOLUTION NO. 95-09 APPROVED 18. GN 95-24 -IMPLEMENTATION OF MANAGEMENT INFORMATION SERVICES REPORT APPROVED Mayor Pro Tem Wood moved, seconded by Councilman Sibbet, to approve GN 95-24. Motion carried 7-0. 18a. GN 95-25 FINAL FORM FOR LEASE FROM BISD FOR TENNIS COURT/ATHLETIC COMPLEX AND APPROVE LETTER OF AGREEM ENT WITH BISD APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky, to approve GN 95-25. Motion carried 7-0. January 23, 1995 Page 5 *19. PU 95-02 - AWARD BID FOR HVAC INSTALLATION AT CITICABLE APPROVED *20. PU 95-03 - AWARD BID FOR POLICE MOTORCYCLE APPROVED *21. PU 95-04 - AWARD BID FOR COMPUTER EQUIPMENT APPROVED 22. CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera, appeared before the Council. Mr. Cole stated he did not think Laidlaw should be granted an increase. Mr Cole spoke on the maintaining of trees in the City. He felt the trees in the park at Dawn and Glenview should be left. Mr. Cole stated there was still a problem with the traffic signal at Rufe Snow and Meadow Lakes. Mr. Cole advised the Council he felt there was a discrepancy in the Sign Ordinance pertaining to garage signs and political signs. Mr. Chris Loyd, 7409 Janetta, appeared before the Council. Mr. Loyd expressed disappointment on the soccer fields at Green Valley Park being cut to seven fields. Mayor Brown advised the plan would be reviewed again after the fields had been in place for a while. The City was also looking at other locations to put soccer fields and skating areas. January 23, 1995 Page 6 23. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary CITY OF NORTH RICHLAND HILLS LIBRARY BOARD MINUTES January 19, 1995 BOARD PRESENT: Polly Brinkley, Shirley Goolsby, Avis Crisp, Lynn Waller, and Kay Schmidt (Absent: Jan Daniels, Jay Bradshaw and Mary Shilcutt) Larry Cunningham, Assistant City Manager; Mark Gretchen, Library Director; and Brenda Lewis, Secretary Vice Chair Kay Schmidt at 7:05 p.m. Minutes of November 17, 1994 were approved as written. STAFF PRESENT: CALLED TO ORDER: APPROVAL OF MINUTES: Library Director Mark Gretchen introduced recently appointed Assistant City Manager Larry Cunningham. Among Mr. Cunningham's new duties will be supervision of the library department. Mr. Cunningham said that he is looking forward to working with both Mr. Gretchen and the Library Board. REPORT OF LIBRARY DIRECTOR: Mark Gretchen Statistics for November reflected an increase of 5 % in circulation and 2 % in reference. The December figures showed little change from the same time the previous year. The bids for the lighting project came in over the budgeted amount. Theconsu1ting engineer will prepare new specifications that will produce the same 1ig~t levels as the original plan, but which are within the funds allocated for this project. Recent personnel changes include the resignation of Circulation Clerks Dolores Womble (8 year employee) and Sara Richter (3 year employee). Plans are in progress for replacements for these positions. New procedures for a "Citizen's Request for Reconsideration of a Library Material" were developed which will provide a first-step method of resolving the matter informally. The patron will be offered the comment form only after a supervising librarian has discussed the problem with the patron. Completed forms will be reviewed by the Library Director for response. The National Voter Registration Act now requires libraries to offer this service to patrons. All new library card applicants or renewals of voting age must be asked if they would like to register to vote. They may say no, take a card with them, or complete the card with staff assistance, if needed. The completed cards will be mailed by library staff. As city hall will be under renovation with restricted parking, early voting for the May 6 municipal election will be held at the Library. Bibliographic data conversion to MARC format continues in preparation for an automation upgrade. Library computer requirements will be included in the plans for city automation needs. A wiring problem due to the recently added shelving has resulted in building maintenance to recommend rewiring under the building. Staff are learning to "surf' the Internet in preparation to offering this service to patrons. CITY OF NORTH RICHLAND HILLS LIBRARY BOARD MINUTES 2 REPORT OF ASSISTANT LIBRARY DIRECTOR: Betty Russell will be attending a class this semester on Thursday evenings. Her reports will be incorporated into the Library Director's Report. Extensive discussion followed on library automation possibilities. Shirley Goolsby reported that she is part of a BISD automation pilot program. The possibility of linking NRHPL with BISD was discussed. Mark Gretchen expressed interest in discussing the details with BISD staff at Ms. Goolsby's recommendation. As a result of a question on the December Friends meeting, brief discussion on the Friends of the Library followed. Mark Gretchen would like to work with the officers and membership on ways to reorganize and reactivate the group. Next meeting was scheduled for February 16, 1995. Meeting adjourned at 7:40 p.m. Brenda Lewis Approved : Date: Board Chair: MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBERS IN CITY HALL, LOCATED AT 7301 NORTHEAST LOOP DECEMBER 5, 1994 - 6:30 PM ATTENDANCE PRESENT: Board: Don Tipps Rick Work Ann Perchard Pam Jackson Chairman Board Member Board Member Board Member Staff: Jim Browne Monica S. Walsh Patty Moos Chris Swartz Gina Gonzalez Director of Parks & Recreation Assistant Director of Parks & Recreation Park Planning & Construction Superintendent Aquatic Manager Secretary ABSENT: Sharon Battles J. Douglass Davis Denny Stout Bobbie Lambert Vice Chairwoman Board Member Board Member Board Member 1. CALL TO ORDER Mr. Tipps called the meeting to order December 5, 1994 at 6:30 P.M. 2. APPROVAL OF THE MINUTES (Passed 3-0) Ms. Perchard made a motion, seconded by Ms. Jackson, to approve the minutes of the November 7, 1994 meeting. Motion carried 3-0. 3. PARKS, PUBLIC GROUNDS, AND CIP REPORTS Mr. Thornton provided a report of the status of Parks & Public Grounds and Capital Improvement Projects. Green Valley Community Park and Soccer Complex project will go out for bid on December 12. The Glenview Park property is being cleared as part of the winter project list. Mr. Browne invited the Board to visit the Waterpark during construction, as a group or individually, by calling the Department to set up a convenient date and time. 4. RECREATION, ATHLETICS AND SENIOR ADULT SERVICES Ms. Walsh provided a report of activities in recreation, athletics, and senior adult services. 5. OTHER ITEMS NOT ON AGENDA Mr. Tipps announced that the January 2, 1995 meeting will be cancelled due to that date being a designated city holiday. Mr. Tipps requested to be contacted by Staff should the need arise for a meeting during the month of January. Mr. Browne introduced Larry Cunningham as the City's newly appointed Assistant City Manager. Mr. Tipps introduced Mike Fillis, a visitor whose interests lie in the trail system in the north end of the City and was a volunteer for the construction of Adventure World. Discussion was held by the Board to change the meeting time of the Board from 6:30 PM to 6:00 PM. The Board requested this subject be placed on the next agenda for action. 6. ADJOURNMENT (Passed 3-0) Ms. Perchard made a motion, seconded by Mr. Work, to adjourn the meeting at 7:05 P.M. Motion carried 3-0. ~an- Parks and Recreation Board Minutes - December 5, 1994 2 CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 2/13/95 '-.Jbject: Public Hearing to consider the reauest ofM&J Construction to rezone Tracts ICAgenda Number: ICI, and IC2, W.D. Barnes Survey, Abstract 146, ftom AG Agriculture to R-2 Single Family Residential. (Located in the 7600 block of Smithfield Road) PZ 94-25 Ordinance No. 2033 M&J Construction Corporation is the owner of a 7.97 acre parcel of land located in the 7600 block of Smithfield Road. The property is currently zoned AG Agriculture. The owner has submitted a zoning district change request to R-2 Single Family Residential for the purpose of constructing single family residences. The owner is requesting a zoning district change to R-2 Single Family Residential. This district is intended to provide areas for low density single family development constructed at approximately 4.0 units per acre. The minimum lot area of the R-2 district is 9,000 square feet, and the minimum dwelling unit size is 1,800 square feet. The surrounding residential areas to the north, west, and east are zoned R-2. The property to the south is zoned C-2 Commercial. This proposed subdivision will also require side or rear-entry garages. The Comprehensive Land Use Plan identifies this area for low density single family residential development. This request is consistent with the Plan. The owner is also in the process of platting the property. Access to this property is from Smithfield Road, a C4U Major Collector. Smithfield Road is improved along the ftontage of this property. Any required right-of-way dedication or improvements will be addressed with the Final Plat of this property. The Planning and Zoning Commission conducted a Public Hearing and considered this item at its January 26, 1995 meeting and recommended approval. . 'JI'., .'. 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 Source of Funds: Bonds (GO/Rev.) 'Jperatlng Budget "".." Other 'I~~~ç---~ Depart t Hea S gnature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . FInance D"eclor Page 1 of ORDINANCE NO. 2033 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; 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 and the Official Zoning Map by rezoning certain property; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, on Case Number PZ 94-25, the following property shall be rezoned from AG Agriculture to R-2 Single Family Residential: BEING a tract of land out of the W.D. Barnes Survey, Abstract No. 146, Tarrant County, Texas and being a tract of land as described in Volume 11586, Page 1063, and a portion ofa tract ofland as described in Volume 6675, Page 932, Deed Records, Tarrant County, Texas and being further described as follows: BEGINNING at a 5/8-inch iron pin found for the southeast corner of said tract as described in deed recorded in Volume 11586, Page 1063, said point also being the northeast corner ofa tract ofland as described in deed recorded in Volume 4713, Page 190, Deed Records, Tarrant County, Texas, and being located 13.55 feet South 00 degrees 28 minutes 28 seconds East from the southwest corner fLot II, Block 8, Crestwood Estates, an addition to the City of North Richland Hills, Tarrant County, Texas, according to plat -recorded in Volume 388-101, Page 54, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 53 minutes 20 seconds West 714.38 feet along said tract described in Volume 4713, Page 190, to a capped iron pin found for corner in the east right-of-way line of Smithfield Road; THENCE North 06 degrees 36 minutes 58 seconds East 511.25 feet along said right-of-way to a 1/2-inch iron pin set for corner in the south line of Block 9, Crestwood Estates, an addition to the City of North Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-161, Page 37, Plat Records, Tarrant County, said point being located 11.48 feet South 89 degrees 58 minutes 24 seconds East from the southwest corner of Lot 16, Block 9, Crestwood Estates, according to the plat recorded Volume 388-161, Page 37. THENCE South 89 degrees 58 minutes 24 seconds East 651.26 feet along the south line of said Block 9, Crestwood Estates to a 1/2- inch iron pin set for corner, said point being the southeast corner of Lot 9, Block 9, Crestwood Estates, according to plat recorded in Volume 388-161, Page 37, and also being located in the west line of Block 8, Crestwood Estates, an addition to the City of North Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-101, Page 54, Plat Records, Tarrant County, Texas; THENCE South 00 degrees 28 minutes 28 seconds East 508.95 feet along the west line of said Block 8, Crestwood Estates to the Point of Beginning and containing 7.97 acres ofland, more or less. This property is located in the 7600 block of Smithfield Road. 2. HAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. 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. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF JANUARY, 1995. Chairman, PI PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DAY OF FEBRUARY, 1995. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2033 Page 2 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS January 26, 1995 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Chairman James Brock at 7:30 p.m. ROll CAll PRESENT Chairman Members Building Official Planner Plans Examiner ABSENT James Brock Don Bowen Victor Baxter Paul Miller Ron Lueck Jill Spicer Steve Pence Clayton Husband Gregory Arrington David Barfield Richard Davis CONSIDERATION OF MINUTES OF DECEMBER 22,1994 Ms. Spicer made the motion to approve the minutes resented. The motion was seconded by Mr. Miller. The motion carried 4-0, with Mr. ck and Mr. Brock abstaining due to absence at the previous meeting. 1. PS 94-59 Request of Thomas Wright for P property is located in the 790 ¡nary Plat of Hilltop Acres Addition, Phase II. This ock of Green Valley Drive. LATS AND SUBDIVISIONS Mr. Mark Long, 1615 Pr. ct Line Road, Hurst, came forward to speak. He stated they have agreed to all en' ering comments. motion to approve PS 94-59. ered an amendment to the motion to restrict access to Lot 4, Block 1 from the ueck accepted the amendment to the motion. The amended motion was seconded by . . 2. PZ 94-25 Public Hearing to consider the request of M&J Construction to rezone Tracts 1 C, 1 C1, and 1C2, W.O. Barnes Survey, Abstract 146, from AG Agriculture to R-2 Single Family Residential. This property is located in the 7600 block of Smithfield Road. Chairman Brock opened 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 94-25. The motion was seconded by Ms. Spicer. The motion carried 6-0. Zoning Case Review Fact Sheet Case No. PZ 94-25 Hearing Dates: PZ 1/26/95- CC 2/13/95 REQUEST: AG Agriculture to R-2 Single Family Residential APPLICANT: M&J Construction Corporation, NRH TX PROPERTY OWNER: same SIZE AND LOCATION: Approximately 7.97 acres located in the 7600 block of Smithfield Road SITE CHARACTERISTICS: Mostly vacant property. Aerial photos indicate a house on the north end of the property. Photos also show an existing pond or other body of water located in the southeast comer of the property. PROPOSED USE: Single family residences ALLOWED USE: Single Family Detached Dwelling Units ADJACENT ZONINGILAND USES North R-2: existing single family dwellings (Crestwood Estates) South C-2: vacant property East R-2: existing single family dwellings (Crestwood Estates) West R-2: existing single family dwellings (Kingswood Estates) DRAINAGE According to Flood Insurance Rate Maps, a portion of this property appears lie to within the limits of the 100-year flood plain. THOROUGHFARE PLAN Primary access to this property is from Smithfield Road, classified as a C4U Major Collector on the Master Thoroughfare Plan. A C4U requires 68 feet of right-of-way, and is a 4-lane undivided roadway. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is consistent with the Plan. ZONING mSTORY There have been no approved zoning changes on this property. A request for R-2 zoning was submitted in early 1993, but the request was withdrawn by the applicant. Please print all responses CITY OF NORTH RICHLAND HIllS 7301 N. E. LOOP 820 NORTH RICHLAND HIllS, TEXAS 76180 817·581-5515 ·APPLICATION FOR A ZONING DISTRICT CHANGE PART 1. APPLICANT INFORMATION NAME OF APPUCANT / AGENT: ¡Ý\ c.N J J. CON S i. r,^ d: ,. 0"'/ STREff ADDRESS OF APPUCANT: lOa I ß'Q.NJ,· Jø..r-e CITY/STATE/ZIP OFAPPUCANT: Col Ofo..t:¡,oA/' TELEPHONE NUMB£R OF APPUCANT: (8/7) f?&- '1810 NAME OF PROPERT Y OWNER: ¡/'¡ CVJd J. COA/.5t r", d:: / ø,j STREff ADDRESS OF PROPERTY OWNER: 780} BrqAlJ; fLo..ce /I oflh R ,'Ch)I)Nd ¡¡¡1Js Teio.s TELEPHONE NUMBER OF PROPERTY OWNER: (~/7) 4-98- 98)0 CITY /STATE/ZIPOF PROPERTY OWNER: LEGAL DESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED: T (o..ct .s )c QI'J J I C 2 l,.),iJ. Bo..fNe.s 5c..rvf ¡) -/+6 PART 3. DESCRIPTION OF REQUEST Cl RRENT ZONING: PROPOSED ZONING: R-~ ¡= ()",.,., ,. J HEASON FOR CHANGE: SU.lI1:Y OR MAP ATTACHED AS REOUIRED BY THIS FORM: ATTACH AFFIDAVIT FROM PROPERTY OWNER IF APPUCANT IS NOT OWNER. c::J YES c::J NO c::J YES c::J NO I ;1ereby certify that the above information is correct to the best of my knowledge. DATE: J è - è () , 94- Your Name (printed) jÝ1 ç",y,'''¡ IJ. ,s/? í /; A Signature PART 4. OFFICE USE ONLY OAD. NO. YES DNO CASE NUMBER: fL"14v'ZÓ P & Z PUBUC HEARING DATE: CITY COUNCIL HEARING DATE: YES DNO FEE $300.00 ZONING DISTRICT CHANGE APROVED: c::J YES 0 NO PAID? YES DNO This appIicabon ""'I no! be scheáJled for public hearing \KIt! f19 application fee is received. S1'fPULA TlONS. ZONING DISTRICT CHANGE Page 1 012 CD-044 (1-94) y ë:j ~ 15 "- ):: 1"- 18 - ~, - '2' nJ 113 3.7 Ac ~ ~~ 'f. . I ~ 26 , 115 /ì 11 ::ø ¡¡ ;;; TR.5B I 16 :: ,~) "'" '^ ¡ ,,:1 SA YK C/) , TDIJ:W~~ ~ 2; R"'( 81 30.6 Ac !j ". ;:. :;¡ Ac § 17 tOf'1)~ :;: ß Q 14" .. ~. 1r\ .. t2:J \1) .." í~ G '" ., ~ .,~ 24 ::; @ . ~. so ::ø 18 ~. 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Crestwood Estates B I. 7 Lot 14 Lot 18 Lot 19 Lot 20 Lot 21 Lot 22 B I. 8 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 1 2 Lot 1 3 Lot 14 Lot 1 5 B I. 9 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 1 0 Lot 11 Lot 1 2 Lot 1 3 Lot 14 Lot 1 5 Lot 16 Kingswood Estates B I. 1 Lot 1 Lot 11 Lot 1 2 B I 2 Lot 1 Lot 2 Lot 11 Lot 1 2 ql 3 Lot 1 Lot 2 Woodbert Addition B I. 3 Lot 7 list of Property Owners Notified Case No. PZ 94-25 M&J Construction Sidney Grant Terry Guess Gregory Clark William Schopper Richard Evans William Schopper Kenny Herburger Larry Adams Van Wells Todd Hurchner James Henson Joe Mattern Steven Ellis Kenneth Swartz Curtis Summers Randle Efflandt Mark Willingham Charles Beeler Raymond Cox Michael Maxey Kevin Harris Randy Smith Brenda Richardson Kevin Rovell Keith Schreiner Phillip Morrow Diane Partyka Mark Krug Thomas Wilson Earl Poynter Michael Thomas Daniel Hartz Ricky Stevens Randy Goodrich 8100 Timberhill Court NRH 76180-3013 8101 Timberhill Court NRH 76180-3013 7432 Timberhill Drive NRH 76180-3016 7436 Timberhill Drive NRH 76180-3016 7440 Timberhill Drive NRH 76180-3016 7436 Timberhill Drive NRH 76180-3016 PO Box 820525 NRH 76182-0525 7453 Timberhill Drive NRH 76180-3017 7449 Timberhill Drive NRH 76180-3017 7445 Timberhill Drive NRH 76180-3017 7441 Timberhill Drive NRH 76180-3017 7437 Timberhill Drive NRH 76180-3017 8471 Thousand Oaks #13A NRH 76180-7476 7429 Timberhill Drive NRH 76180-3017 7421 Timberhill Drive NRH 76180-3017 7417 Timberhill Drive NRH 76180-3017 7413 Timberhill Drive NRH 76180-3017 10614 Cypress Avenue Fontana CA 92337-7421 7801 Redwood Court NRH 76180-3040 7805 Redwood Court N RH 76180-3040 7809 Redwood Court N RH 76180-3040 7813 Redwood Court NRH 76180-3040 7817 Redwood Court NRH 76180-3040 7821 Redwood Court N RH 76180-3040 7825 Redwood Court N RH 76180-3040 7829 Redwood Court N RH 76180-3040 7828 Redwood Court N RH 76180-3040 7824 Redwood Court N RH 76180-3040 7820 Redwood Court N RH 76180-3040 7724 Post Oak Drive N RH 76180-3425 7812 Redwood Court NRH 76180-3040 7808 Redwood Court N RH 76180-3040 7804 Redwood Court N RH 76180-3040 7800 Redwood Court N RH 76180-3040 George Vegas Billy Loudermilk John Conner EI mer Cox Robert Schultz Ernest Bickers Virginia Rankin Michael Losat William Moody 7720 John Autry Road N RH 76180-2905 7717 Evergreen Avenue NRH 76180-2904 7721 Evergreen Avenue NRH 76180-2904 7720 Evergreen Avenue NRH 76180-2903 7716 Evergreen Avenue NRH 76180-2903 7717 Cedar Park Avenue NRH 76180-2902 7721 Cedar Park Avenue NRH 76180-2902 7724 Cedar Park Avenue NRH 76180-2901 7720 Cedar Park Avenue NRH 76180-2901 Charles Clark 8124 Sayers Lane NRH 76180-2303 W.D. Barnes Survey Abstract 146 Tract 1A 1 Tract 1 Tract 2A2 B Tract 1 D Tract 1 F Tract 1 D2 Ray Brooks William Long Deana Morrison WH Sutton City of North Richland Hills City of North Richland Hills 4605 Miller Avenue Ft Worth 76119-5066 7817 Owen Drive N RH 76180-6209 7004 Lincolnshire Lane NRH 76180-4430 7129 Smithfield Road NRH 76180-4430 '-' ). CITY OF NORTH RICHLAND HILLS Department: Plannine: and Inspections \,- -,ubject: ~ Council Meeting Date: 2/13/95 Public Heari~i to consider an amendment to the Zoning Ordinance No. 1874 Agenda Number: regarding Signs. PZ 94-26 Ordinance No. 2035 Attached is a revision to the sign regulations. The regulations are incorporated into the Zoning Ordinance and require a public hearing prior to approval. The current sign regulations were adopted in 1988 and have remained basically unchanged over the past seven years. The regulations are being changed at this time to make the regulations easier to understand and administer. The text of the attached sign regulations includes new language shown in bold italics and deleted language shown as strikethrough. The majority of the changes are primarily reorganizational, but some other important changes are being proposed as well. The following is a brief description of the most significant changes: 1. Insert a "Table of Permitted Signs" which identifies the types of signs allowed in each zoning district 2. Increase the maximum size of a multi-family residential monument sign from 50 square feet to 100 square feet, and increase the maximum height from 4 feet to 6 feet. 3. Increase the minimum required size of a major retail shopping center from 50,000 square feet to 100,000 square feet to qualify for a Major Development bonus sign. 4. Establish 65 feet as the maximum height of a Pole Sign in the Freeway Overlay Zone. The current regulations allow a sign to be 35 feet above the freeway elevation. The current regulation is very difficult to enforce. 5. Establish a new sign category for Subdivision Nameplate Signs attached to masonry screening walls. 6. Allow additional on-site signs for new residential subdivisions when the additional sign is located on another street from the original sign. This will allow subdivisions with multiple entrances to have additional signs. 7. Allow company names and logos on Traffic Directional Signs. Customers generally want to know when they are turning into the proper commercial driveway. 8. Establish regulations for signs attached to mansard style roofs. 9. Increase the maximum size ofa Residential Real Estate Sign from 5 square feet to 6 square feet. Also allow for "Open House" and "Model Home" signs. This is based on a local survey of actual sign sizes. "- J. Allow Realtors t9 utilize the Weekend Advertising privileges. 11. Establish the maximum size of Political Signs located in commercial areas at 50 square feet. The existing regulations contain no maximum size. . 12. Limit the use of a Banner Sign.in lieu ofa permanent sign for up to 60 days. 13. Establish a maximum size and height for Construction Trade Signs: 6 square feet in area and 3 feet in height in residential areas; 50 square feet in area and 10 feet in height in commercial areas. 14. Amend several definitions regarding the revised regulations. In summary, the experience gained during the past seven years since the adoption of the current regulations indicate that they have been working well for the community. However, the proposed ëhanges will make the North Richland Hills sign regulations more reflective of the outdoor ádvertising needs in the city by allowing greater flexibility in the use of signs for different purposes. The Planning and Zoning Commission conducted a Public Hearing and considered this item at its January 26, 1995 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 Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other 13 t l ~ B--~ Depart ent Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available f3A H~ City Manager . FInance Ouecto, Page 1 of .. u C u u :0 .. = U Q ~ '" N '" "" <:> ~ "" "" "" "" ...,. ...,. ...,. 01) .:! .. "" ;¡ "', ,., "" "" "" "" c::: ... "" "" ... ... ~ ~ õ. c .. " ~ ~ .. .. <r. .. <r. <r. <r. <r. C. .:: <r. <r. <r. -< <J u VJ u 'È c u ~ "'" ~ ,: " 1: c .2 '" 0 '" U 0 '" -;; '" C 0 E :, 0 ...: -;; ..... '" :, " ~ 0 u -" ::> u -" ,; ::> '" a. u u c u u 0 <T .., U ~ E 0 lJ ü ~ 0 ü .., 3 ê c '" C 0 ::'E ~ 8 ,3 u ::: u .., C c c ~ .. u U c '" .2 ~ '" ] '" ó 0 ..... u c u u u "¡;; 1! ~ '" '3 u E s: E 0 s: ~ > "'" c "'" - .. '" ;: .E "'" c Ë i! ::> ~ ::> .3 u c c .. u u Ü u u 0 c B ~ " ,. 0 u 0 :ë "'" :ë > 0 0 :s¡ u 0 Eo .. 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"0 ~ <I> ; ~ Q :0: C ;: 'Vj c - .::: <.J VI ~ .. õ I) ~ ,~ ? ~ U <1J 0 - <1J .:;: .:; ;e c '" '" ~ ~ ~ :i 0::: Z 0::: Z I:J:) ~ - "'<: 00 :p c ::: :0: I) C :o; 0 ~ c "'" U ~ ~ ...; .... ...; ~ '" 'Ô - I - PZ Minutes - Page 3 January 26, 1995 5. PZ 94-26 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding the Sign Regulations. Chairman Brock stated the staff has done tremendous work on this amendment. He stated the amendment is mostly a reorganization and clean-up of the existing regulations. Chairman Brock opened 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 94-26 subject to the following: making the garage sale signs, construction trade signs, and weekend advertising signs all the same size and height; modify the multi-family monument signs to six feet in height and 100 square feet in area; and making the new development sign and commercial real estate sign both the same size. Mr. Lueck offered an amendment to the motion to increase the size of the garage sale, construction trade, and weekend advertising signs to six square feet rather than five square feet. Mr. Bowen accepted the amendment to the motion. Mr. Lueck seconded the amended motion. The motion carried 6-0. Victor Baxter, Secretary Planning and Zoning Commission ere being no further business, the meeting was adjourned. STAFF REPORT None. CITIZEN COMMENTS ADJOURNMENT James Brock, Chairman Planning and Zoning Commission ORDINANCE NO. 2035 AN ORDINANCE AMENDING IN ITS ENTIRETY ARTICLE 8, THE SIGN REGULATIONS OF ORDINANCE NUMBER 1874, THE ZONING REGULA TIONS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; CONTAINING A SAVINGS CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND CONTAINING AN EFFECTIVE DATE. WHEREAS, Ordinance Number 1874, the Zoning Regulations of the City of North Richland Hills has been adopted by the City Council of the City of North Richland Hills on March 22, 1993 to regulate land use activities within the corporate limits of the City of North Richland Hills; and WHEREAS, Ordinance Number 1874 contains Article 8, the Sign Regulations for the City of North Richland Hill, which are adopted to regulate the construction of signs within the corporate limits of the City of North Richland Hills; and WHEREAS, the City Council is of the opinion that said ordinance, as originally adopted and amended, does not totally reflect all the outdoor advertising development policies of the City, and has become difticult to amend, understand and administer, and is in need of reorganization and new notation; and WHEREAS, after holding public hearings the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment to Article 8 of Ordinance Number 1874; NOW THEREFORE BE IT ORDAINED by the City Council of the City of North Richland I-lills, Texas: 1. That, the attached document referred to as EXHIBIT "A" is hereby incorporated into this Ordinance verbatim. 2. That, the folIowing amendments shalI be made to certain detinitions as follows: AREA OF Sign Arc:!- The total area within lhe extremc perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not bc included in calculations. cxcept for Monumcnt Signs. 111c ðretl of the sign with two ftlee.~, epproximetely (.ppoOJed. ,¡hall he thet of the lure-'''' fuee if :juch condition pl'e~'t¡jJ:¡; 1)\;11. if the angle betwcen tht: 1"IWIt:.1 af the opposing face:; t:xceed,j lhirt)' de,;n.:es lhe loUt! urce (If both fuct:,; shull be eOluiderce! the sign arce, For multi ,;idee! 5r eirel:lleF signs, the calculatfett--fHwll include all of lho:: pre1eeh:d urea. Automohile Dealership - A cOlI/mercial bu.\·illess which cOllducts tlze retail mles of automohiles. A single dealership may lzave one Certificate of Occupancy, hut may be tlze autlzorized dealer for olle or more lilies of automohiles. A wning Sign :\ strl:leture Elf ClIlI'ia.J. ..\eEld or metlll. etc., .19 extendeå ever II window. or dem', 61 ever II Plltio, or deck, ete. as II pretectioR from the sun or rain. Banner Sign - A temporary sign which is painted or printed on a strip of cloth. canvas, or other flexible material with or without frames. Billboard Sign - An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises. Building Sign - A sign which has its main supporting structure depending on a building for support. Canopy Sign - A sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or metal, which project~ from the wall of a building or overhangs a public way. A Canopy Sign may also be attached to afree-standing structure, such as over a gas-pump islmld. H-9,-1)E'/ELOPMENT (as it t1ertains to Si,;n.J) :\n)' nonresidentilll property improvement or prot1erties improved II,) II unit ·...,itll II common parkin" arell that i,j contißuous to the develepment. t. sheppin" eenter under sinßle or n'lI!ltiple o.....nership eonstitutes a development. f. pad ;;ite within II .)hoppinß eenter under sepal'lIte ownel-ship eÐnstitutes II developlflent. Any sin,;le lot, sin,;le structure on nonre:Údential property eonstill:ltes II development. Flag - The United Stllte.;, T e)(tl.l and Complln)' fill';.) flown from fllIß polc.v A piece of cloth, usually rectangular, of distinctive color and design, used as a symhol, a standard, a signal, or an emhlem. Garage Sale· A sale of used household items or clothing held at the home of the seller. Ground Sign - A sign which has its main supporting structurc depending on the ground for attachment. Illumination. For purposes of these regulations the term illumination shall he defined as follows: 1. "Internal lighting" shall mean a source of illumination entirely within the sign which makes the contents of the sign visible at night by means of Ule light being transmitted through a translucent material but wherein Ule source of tlle illumination is not visible. 2. "Internal-indirect lighting" shall mean a source of illumination entirely witllin tlle sign (generally a free- standing leuer) which makes Ule sign visible at night by meruls of lighting tlle background upon which the free-standing character is mounted. The character itself shall be opaque, and thus will be silhouetted against tlle background. The source of Ule illumination shall not be visible. 3. "Indirect lighting" shall mean a source of external illumination located a distance away from tlle sign, but designed specil1cally to illuminate Ule sign, whicb lights UIC sign, but which itself is not visible to persons viewing Ule sign from any nonnal position of view. 282. Majer DHelopmcnt :\ ef10rdinated eommert illl de'ielofJJ11ent contllininß one hundred thel:l')lInd (IOO,aOO) sfjullre feet, or more, ef bu ilding llrea. 283. l\1ARQUEE (Si,;n) I.. roof like structure of a petll1anent nlltHre whieh prf~eets frol11 the willi of II 61:1ilding ar strl:letllre and overhllng,¡ a privllte 01' public WilY, 284. MARQUEE S[C N An)' hood 01' awninß or permanent con.;trl:letion projectin,; from the willi of II 6uik~ing €II' ather structure e6ntainin,; either pernltlnent 01 ehflngeable adverti.'¡n,;. Monumcnt Sign - ^ permanent ground sign generally constructed out of brick. stonc or cast concrete matcrial supported on a concrete foundation across the entire base of the structure and which may have an open spacc betwecn thc bottom of the sign and the ground which does not exceed one (I) foot. Projection Sign - A sign in which the message area is pcrpcndicular to the wall surface of the building 01' structure ftftt! projecting out from the buildin,; 01' ;¡tJ'ucture I11ort: thtlll one f,oot. .- Pylon Si¡:,n A ground 3ì"n erected for the purpo.je.) f1f identif)'ing the tenant3 in a n1l1jûl' developlr;.ent. 2 Qualified Street Frontage - The width of the property of II commercilll or indu,;trilll development abutting a street right-of- way ac}jllcent to the street or :i!reets, IIlon", the .¡treet of a eondm)reilll or indu:;trial develepment ',,,,hich bears tfie aàdress of the ~. Frontage on a public access may be considered as qualified street frontage for pUllJoses of the Sign Regulations-æ enable fair application of tfiiJ prc1'li:;ion. Roof Sign - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and usually extending vertically above the highest portion of the roof. sign SUrJrJorted by tfie reof ef building or plaeed above tfie appareflt fiat roof or ellves of a buildin; II,) viewed from any elevation. Sign - A display board, screen, structure, object or part thereof, used to announce, declare, demonstrate, display used for the pllllJose of outdoor advertisement, usually to identify a place of business and attract the attention of the public to any àl:lsifless, service or ("("oduct provided on tfie pre:mj,jcs upon wfiich .jign j,; place, elher than: a. Officilll notic.;)s autAorize:d by a court. public body or public officer. and, b. Directional, warn in", or inf,ormation ,;i",n.) autfiorizd by federal, ,;tale or municipal authority. Sign Height. 11te vertical distance measured from ground level to the top of the sign, measured at its highest point above ground leveL For purpose of mem'urement, the average surround ground area shall be considered the ground level from which the height will be determined for compliance with applicable regulations. Sign Rider. An attachment to a real estate sign "detailing" certain features of the property, such as "Four Bedroom", "Pool", or "Game Room ", or the agents name. Temporary Sign - A sign, balloon. 01 otA!;)r adve:rti:,;ing di,;play coIl.Jtruct!;)d of clotfi, canvaJ, light fabric, eardboafd, wall board . or light mllte:rial ft'ith or without fram!;::,; intended to be displayed for a short period of time only, Trailer and portable signs are c!ll:J.Jifi!;)d "t!;)mporary .;i;n,¡", Traffic Directional Sign - Any sign used only to conu'ol and direct U'affic into or on private property, e.g., "ENTER" or "EXIT'. Wall Sign - A sign painted on. attached to 01' prc~ectin; fre.m the wall surface of a building, incll:ldin; perm!!nent ·....indow signs and si;n,¡ on a·....'nin"'.~ and/or marque",,, Multi-occupancy - A building which contains two or more pcrmancnt tenants separated by an area separation wall and each tenant has a valid Certificate of Occupancy. Wall Snrface - The general outer surface of any main exterior wall of the building or slructure not including cornices, bay windows, or other omamental U·im. 3. SEVERABILITY CLA USE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SA VINGS 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. 3 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF JANUARY, 1995. ..,~'_.J~'..~.,..~~.;,:.,,::',~~._~..~". -";.~. ... :....~:....: PASSED AND APPROVED BY THE CITY COUNCIL THIS 13th DA Y OF FEBRUARY, 1995. Mayor, City of NortJ1 Richland Hills, Texas A TrEST: City Secretary City of Nortl1 Richland I-!ills, Texas APPROVED AS TO FORM AND LEGALITY: Attomey for tJ1e City 4 Zoning Regulations E.)( hi 10 i+ ..I I ( A City of North Richland Hills. Texas ARTICLE 8 SIGN REGULATIONS Section 800. PURPOSE¡ The Sign Regulations as herein are established have been adopted for tile purpose of promoting tile heaIlh, safety, morals ruld general welfru'e of tile City of North Richlruld I'Hlls by facilitating easy and pleasant communication between people and their environment. The Ordinance These regulations contllÎn standards intended to avoid visual clutter which is potentially harmful to tret/fic and pedestrian safety, property values, business opportunities, and community appearance. These regulations contain standa;ds re;ulatin¿ govern tile use, size, location, construction ruld maintenance of signs. ~ iflteftt It is the purpose of tilese regulations -Ï5 to protect property values within the City of North Richland Hills, to enhance the beauty of the City, ruld to protect the general public from drunage and injury which may be caused by the unregulated construction of signs. Pursuant to these purposes, it is the intent of this Article to authorize the use of signs which are: A. Compatible with their surroundings; JJ. Appropriate to the activity that displays them; C. Expressive of the identity of individual activities and the community as a whole; D. Legible in the circumstances in which they are seen. Section 804. GENERAL PROVISIONS The following general provisions shall be applicable to all signs erected within the corporate limits of the City of North Rich/and Hill.... Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provÜ·ion. A. Compliance Required. No person shall erect, alter, or add to a sign, or sign structure, unless said sign conforms to the provisions contained in this Article. B. Sign A¡'eu . The sign area permilled in these regulations shall apply to tile maximum size of a single sign face. However, when the two faces of a sign are separated by an angle of twenty (20) degrees or more, tile maximum sign area shaH be the total of all non-parallel sign faces. C. Construction Standards· The construction of all signs shall comply witil tile structural requirements of tile Nortil Richland I-Hils Building Code ruld Ule most recent edition of tile Unifonn Building Code, as adopted by the City of North Richland !-Hlls. The design of sign supports and structures shall be compatible with and in hannony WiUl the surrounding buildings ruld strucutres. AllY electrical installations shall comply with the North Richland Hills Electrical Code. D. Engineel"ing Requirements. Where required, tile construction plans shall be signed ruld sealed by a professional engineer registered in the Slate of Texas. E. Interference With Safety Provisions· No sign shall be erected in such a manner tilat rulY portion of its surface or supports will interfere in any way witilthe free use of any lire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. F. Minimum Street F¡'ontage . ^ minimum of fifty (50) feet of qualified street frontage shall be required to erect a Ground Sign. 1 The purpo~'e of the sigll regulatioll," has heell expallded to .wpportthe cOllstitutio/lality of the regulatio/ls regardillg property vawes alld traffic safd)" The protectioll of property vallles alld traffic safety is,mes are two IJurposes the courts recof.:llize ill Texas. Article 8 Sign Regulations Page 8-1 Zoning Regulations City of North Richland Hills, Texas G. Encronchment PeTm+t - A sign shall pet'fttii shall hc issued for any sign which encroaches upon or over ill!y City owned or controlled propert)' not be constructed within or project over any property line, right-of-way line,yublic drainage easement, public or private utility easement without an encroachment letter which has been approved by the Public - Works Department, unless a specific provision allowing such encroachment is contained in these regulations~ illl encroachment permit ha:; heen obtained from UK City or State agency responsible for such property. H. Pedestl'Ïnn Clearance - No sign may project more than six (6) inches from the face of a building where general public access is provided over a pedestrian walkway, unless Ulere is a minimum of eight (8) feet of clearance provided from the bottom of the sign to the grade below the sign. I. Off-pl'emises Advertising - All signs shall identify tlle business or enterprise by name and address only or products sold _ Q¡,used on premises. Off-premises advertising shall be prohibited, unless provisions for such signs are contained in these regulations. 1. Memorinl and Historicnl Signs - Notl1ing contnined herein shall prevent tl1C City Council from /;I'(lll.'i:ll; The City Council or City Manager may authorize special pennits, on such terms as deemed appropriate, for signs and markers denoting properties or buildings which may have historical or memorial signitïc~U1ce to tlle community. K. Community Special Events - The City Council, or City Manager :;hall not be re:;trieted from, may authorize signs to advertise patriotic, special events or special projects of general public interest taking place witl1in the boundaries of tlle City. L. Driveway Visibility Triangles for Commerciall'roperties - No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of- way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall he clear at elevations between thirty (30) inches and nine (9) feet above the average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise. 2 M. Vehicle Advertising - Vehicles which ffltt)' display signage shall comply in acconlnnce with Texas Motor Safety Laws wiUI the following: 1. Signs ffitISt shall be penmUlently attached to vehicles by being painted, bolted, screwed or magnetically aftïxed. No sign or advertising stJ'Ucture shall be erected or attached to any vehicle except for tllOse signs which ru'e painted directly or mounted flush to tlle surface or mounted directly on tl1e roof of tlle vehicle. No roof mounted signs shall projecl more lhrul lwei ve (12) inches above the roof of tlle vehicle or the bed of a pick-up truck. 2. Banners, or signs made of cloth or other light material.ç, secured with rubber, rope, string, tape, or other similar adhesives shall be prohibited as vehicle advertising. 3. Vehicle advetising affixed to a vehicle which has been altered for purposes of circumventing these regulations .çhall be prohibited. 3 ¡ Poor visibility at cOlI/mercial driv(~way cut.ç can be a potential safety hazard when a Sigll is silualed 100 close 10 Ihe driver's viewing area. The Driveway Visibility Triallgle regulations have been inserted allhis location to prol'ide guidelines for signlocalions which do nol presenl a visual barrier. 3 Thj,ç sentence has been included to help regulate pick-up trucks which u.çe wooden sideboards as a sign to circumvenllhe regulations. These regulations do not prohibit the t)1Jical plumbillg truck to have its painted sign Oil the side advertising the name oflhe plumbing compallY· Article 8 Sign Regulations Page 8-2 Zoning Regulations City of North Richland Hills, Texas 4. All vehicles which have signs or advertising shall be in working order and shall be in compliance with all applicable vehicle safety laws when signs m'e in place. All such vehicles shall have current registration and inspection stickers mId shall be regularly used for transportation purposes. N. Lighting. Where providedfor in theses regulations, certain signs may be illuminated or non illuminatcd. lIIumination may be eit11er by intemal, intemal-indirect, or indirect lightin¿, as defined elsewhere in t11ese regulations. All electrical facilities shall require separate electrical permits mId shall be installed in accordance wit11 the Uniform North Richland Hills Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a tramc hazard on a street. When the Building Offici{¡/ has determined necessary, illuminated signs :Ûtuated within one hundred (100) feet of residentially zoned property shall be shielded to minimize glare. Section 806. SIGNS EXEMPT FROM THESE REGULATIONS The following signs shall be exempt from regulation under this Ordinance: A. A public notice or warning sign required by a valid find applicable federal, state, or local law, regulation, or ordinance, including historical signs and lI1éU'kers placed by a city, county, state or national historical preservation orgmlization and official vehicle inspection station signs. B. A sign located im'ide a building and which is not displayed so as to be vi:Ûble from outside the building. Signs located within a covered mall building shall comply with the North Rich/and Hills Building Code and the North RÙ;hland Hill... Electrical Code. C. A sign located within a building, that is not legible beyond the lot line on which such sign is located. These generally include credit card decal..., hours of operation signs, emergency contact information, etc. D. Work... of art, including barber poles attached to a building, that do not include a commercial message. E. Holiday lights and decorations. F. Nen adveti:,ing, dircctionul or infonnntionul ~;i6ns le~;:; than six ~;qun:c feet in meu may be used ·...ithout a fJcnHit in WftÎt1g (Ii~;trict~; R 7 Mr, 0 I, Ut, C I, C 2, OC, I I, I 2 and PD a~; desi6nated in t1lis Ordinancc Traffic control signs on private property, such as .''Îfop, Yield, and similar traffic control signs. G. NotJ1Ìn6 hcrcin conlaincd shall prcvcnt the erection, construction andlI1aintcnunce of official traffic, fire and policc signs, or !fanïc control :;i;;nnl:; find dcvices of the State, Cit)' or oU1Cr appropriatc govcnuncnta1 cntity, nor the posting of notice:; rcquircd by law. Privatc uno qun:;i public si6ns shull be prohibited upon public property unless authoriëcd by tJlO Cit)' or othcr appropriatc ¿ovcflllI1entnl autJlOrit)'. G. "No Parking" or "Towing" signs authorized by City Ordinance. H. "No Dumping Allowed" signs po...ted to deter illegal dumping. I. Le;;aJ notices,Telephone mId other underground utility warning signs not exceeding one (1) square foot in size and ot11er safety signs may bc erected wÎtfieut fI permit bein6 i:,:;ued. j. Temporary Signs which are painted on glass .wrfaces of windows or doors and pertaining to the I{/wful business conducted therein. K. A sign within or on railway property and placed or maintained in reference to the operation of such railway. L. Security Warning, Neighborhood Watch or Crime watch signs. Article 8 Sign Regulations Page 8-3 Zoning Regulations City of North Richland Hills. Texas Section 808. UNSAFE t1ND UNLA '.YFUL SIGNS PROHIBITED A. Revolving, rotating, !lashing, or blinking beams or beacons of light shall be prohibited as a part of a sign display or as a device to attract attention, except as required by a govenunental agency. Flashing or blinking lights which are incorporated into an electronic message board shall be allowed and are regulated elsewhere in these regulations. B. Private signs shall be prohibited upon public property unless authorized by the City, other appropriate govenunental authorities, or as provided by these regulations. C. Signs attached to light poles, utility poles, traffic control poles and trees, except for "Posted-No Trespassing" signs shall be prohibited. D. Park bench signs and billboard signs shall be prohibited. E. Search lights and inj7atahle balloon... shall be prohibited, except when approved as a Grand Opening Permit as regulated in these regulations. F. Obnoxious Signs Exploiting Sex Prohibited 1. Visual Depiction of Sexual Areas of Human Form Prohibited - No sign, or si;;ns a:; defincd in lhis Ordinance, to including any temporary sign, which in whole or in part, depicts Ule human form in such a manner that the areas of Ule buttocks, 6f-tfie genitals, or U1e pubic area, or any portions of U1e female breasts below U1e top of the nipple, a;c depicted a:; not covered with opaque cloUlin;; shall be maintained, erected, or placed upon or adjacent te-tfle outside of to ¡my building where it is visible from a public street or from an adjacent building or premises. 2. Use of Words Connoting Erotic Entertainment Prohibited - No sign, or si;;ns, as delÏned in Ulis Ordinance, including any tcmponu'y sign, which itt-wtUtle-ttf--J*tft advertises ¡my "topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed upon or adjacent to U1e outside of any building where it is visible from a public street or from an adjacent building or premises. The words "adult entertajnment" or "adult shows" shall be permissible 3. Display of Offensive Signs a Public Nuisance - Any sign which is in violation of U1Ìs subsection shall be declared a public nuisance. G. Activities Specifically PJ'ohihited - The following types of signs or activities are specifically prohibited as advertising attractions whet11er in conjunction wiU1 or wiU10ut a Grand Opening Signage pennit within the corporate limits of the City of Nort11 Richland Hills: 1. Bungee Jumping 2. Animal rides 3. Street vendors or hawkers 4. Helicopter or airplane rides 5. Hot air balloon rides Section 810. AGIHCULTlJRAL ZONE SIGNS All signs are prohibited in the AG District except as follows: ^- Multi frunily develo~mcnts in R 7 MF fiHU R 6 T Zonin;; Districts shall bc allowed wall or grOlmd signs for idcntitïeflûon1*1i'*}~ly for each sU'cet frontfl;;e. The totfÙ a;ea of such si;;ns shaH not exceed fifty squure feet Article 8 Sign Regulations Page 8·4 Zoning Regulations City of North Richland Hills, Texas B. Ground signs allo',ved in OlCje Di~;triets shilll not exceed a hei,;ht of four feet above grade. C. Ground :;i;ns in:;tnlled in the:;e Districts shall not be located in U10 required si;;ht trifU1;;le of a street or drivevlay intersection. D. In "R" Di:;triet development:; providing :;olid ma:;onry screening fence illon;; street frontages, approved ',vaIl signs mny be installed in ::;ueh :;ereening vialls. Eo Wall si;ns may be used '¡,iUl an)' residential use in ACì and all "R" Zonin6 Distriel~ with Ule exception of R 7 MF, ',ViOl a maximum a;-ea of t·,vo squaæ feet per sign. No more Umn two signs shall be allowed per oecupanc)'. No permit is required for these signs. In tile ACì zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, roof, projecting or wall signs, except monument signs, in aceordrulce WiUl Ulese regulations with exception 01at such signs shall not exceed a total of one hundred (100) square feet in area ruld shall not exceed fifteen (15) feet in height. Section 816. SIGN PERMIT REQUIRE)4 No person shall erect, display, alter, relocate, or add to a permanent ground sign, building sign, eF temporary sign, or a sign structure except AS provided in this Article and unks:; without first obtaining a permit for 010 same which has been ÌSSi:IetJ approved by tile Building Ot1ïcial, unless an exemption is specifically provided herein. No permit shall be issued until the Building Official determines that the proposed sign is in conformance with these and any other applicable regulations. Where signs are illuminated by electric lighting which requires permanent wiring connections, separate electrical penn its shéùl be obtéÚned a<; required by Ule Nortil Riehland Hills Electric Code. A. Certificate of Occupancy Required - No sign permit shall be approved unless a Certificate of Occupancy has been issued or an application for a Certificate of OCt,'upancy has been filed with tlte Building Official and said Certificate of Occupancy L,' consistent with the proposed tenant. B. Sign Permit Application - Applications for sign permits shall be submitted te on forms furnished by the Building Ot1ïcial for each development on \vhich Ole sign or ~;ign~; a;-e to be erected and shall contain or ha'le flttached thereto the following informatioo and comply with the following: 1. The permit application shall be signed by the property owner or his legal agent, and, when the applicant is any person other than the owner of the property, or his legal agent, the applicant shall provide a notarized letter signed by the property owner, or his legal agent, to satisfy the owner's acknowledgment requirement. 2. The applicant shall submit three (3) copies of a site platz which shows the proposed sign in relation to all lot lines and structure..., or its location on the building. The Building Official may require additional information from the applicant to determine compliance with these regulations. 3. A copy of stress sheets and calculations showing that the sign and its structure is designed for dead load and wind pressure in rulY direction in tJle amount required by tile NortJl Richlruld Hills Building Code of the City. The current edition of tile Uniform Building Code adopted by the City shall apply for tJle design of any sign structure. All structural calculations and design drawings are to be signed and sealed by a professional engineer registered in the State of Texas. 4. The name of the person, linn, corporation or association erecting Ule sign structure or painting tJle sign. 5. The site plan shall include the locatioll and sizes -getttHed plan:; of all ex isting signs, including photos Mdlor other pertinent data when requested, which will aid in Ole determination of Ule site's confonnance WitJl t:Itts Ordinance these regulations. 4 Much of the permit information is redundant and has been deleted, since the Building Code e~'tablishes the minimum submittal requirements for a permit. Article 8 Sign Regulations Page 8-5 Zoning Regulations City of North Richland Hills, Texas a. Nrune, address and telephone number of the applierult. b. Location of buildin,;, :;tructure or lot to which or upon '",hich U)C ~;i;;n or adverti:;in;; ~;tructure is to be attached or erectcd. c. Po:;ition of the :;i6n or adverti:;in¿ :;tructure in relation to nearby buildin6:; or SU'ucture:;. d. Two blucprints or ink drnwin6:; of U)e plan:; amI specifications nnd method of construction and attachment to the buildin6:; or in tl)e ;;rountl-: 6' :\ny electrical permit requircd and i~;sued for :;uch ~;i6n. 1. SUCR otl)er information as tlw Buildin;; Omcial shall require to sho'.... full complinncc willi tllÎs and all oilicr Codes and Ordinnnccs of tl)e City, 10. Payment of fUlY awJ-iæble :;i;n permit fee. C. TraJfic Engineer Certification - An applicant for a sign permit may be required to submit a certitication from a qualitied tramc engineer tl)at a sign location and structure will not constitute a tramc hazard when: 1. In (1)e opinion of the ßuilding Oflicial tl1e plans and specifications indicate that the sign or sign structure might interfere witl), mislead, or confuse traflic, 2. In U1e opinion of the Building Oflicial a ground sign placed on a comer lot may create a potentialtraftic hazard. D. lc;suancc Of Permits If it appen:s Umt the proposed :;ign :;tructure is in complinAcc ·...·ith fill tl1e requirements of tl1is Article fU1d all oU)cr Codes find Ordinance:; of the City flHtl-fins received npprovnl where ncce.;:;{lJ'y, U)e Buildin6 DepfU'lJnent :;hnll issue U)e sign permit. If t,he work authorized under the permit has not eomlRetleed-fttld ha:; not been completed viiU1in one hundred eighty (180) days or a propcr extensiott-gfft~er \1)e dme of Lsuance, tfte-sftid permit shall become null and void. IssufU1Ce of a sign permit shall be eontliti€HtftI-tt1mtHfle-!trrHæA8Ht~lftfi€e-ef flny condition:; imposed tl1creon by the City. D. Permit Fees - Pennit fees shall be established by separate ordinance approved by the City Council. Section 818. CONTRACTOR REGISTRATION As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of Article 8 within the corporate limits of the City of North Rich/and Hills shall be regi...tered as a Sign Contractor in accordance with the requirements of the North Rich/and Hills Building Code, Each Sign Contractor sh(ill pay an annual fee. Said fee shall be establi:.hed by separate ordinance adopted by the City Council. Section 888. AnÅTI;;.M.T~ Section 820. Administnltion and Enf(l'cement For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign regul(ltions contained in Article 8. Any 'iolation of this Article is subject to the provisiolls of the Pellalty Clause contailled in Article 2. A. If UlO Duildin6 Official, o¡:-fits-tle:;i,;nce, :;hnlllÏtttl-tlmt-ft siþn or o\1)er advertisin6 structure regulated herein is tiftSftfe , or insecure, or i:; a mentlee-ttH:fte-tffibli€, Whell a groulld sigll or a buildillg sigll is constructed, erected, or maintained --...r in violation of these regulatiol/s, U1e ~Hee-ef property owner shall be given written notice to remove or alter the structure so as to comply with the stalldards set forth ill these regulations within ten (10) days after such notice,-t}f Article 8 Sign Regulations Page 8-6 Zoning Regulations City of North Richland Hills, Texas in violation of the flpproved si6n permit. If the pennittee or property owner fails to remove or alter the structure so as to comply with ùle standards set forth in ùlese regulations wiÙlin ten (10) days after such notice, such sign or advertising structure may be removed or altered to comply by the City of North Richland Hills at ùle expense of the permittee or property owner. The Building Official sfiftH may refuse to issue any subsequent building, electrical, plumbing or mechanical permits for the property on which the offcnding sign violation is located if any owner or pennittee refuses to pay tlle costs so assessed. B. Signs in violation of ¡\rticle 8 which require mechanical or electrical alteration of all or pn:t of ÙlC sign or require the removal of pa:t or all of tlle si6n in order to comply ',ViÙl ùlis Article shall be aHered or removed '¡,'iùlin seven (7) days after service of ·....ritten notice to abate the si6n or :;igns. B. Unsafe ,Signs - The Building Official may require €ftti5e any sign or oùler advertising structure to be removed immediately which is unsafe, in:;t,;cure, or in immediate peril poses an immediate risk to the safety of persons or property, by givin,; noticc to Ù1C pcrmittce or propcrt)' owncr fit lea:;! forty eight ('18) hOtlrs in advance. at the expense of the property owner. C. Illegal Signs - The Building Official shall be authorized to abate or impound any temporary sign which is in violation of these regulations or :;i6n in violation of ¡\rticle 8 shall be abated wiùlin twenty-four (24) hours after notice has been given in writin6 to abate Ù1C :;i¿n or sicin:;. Any si¿n .....hich involves lettcrs placed on a ma;quee is considered a tempora;y :;i,;n for purpo:;e:; of tllis Section. Non conforming portable signs or portable Tempora:y signs crected wiÙlOut a permit may be impounded by ùle Cit)' forty ei¿ht (48) hours aner notice is 6iven to the owner or pa:ty re:;ponsiblc for ùle :;i,;n. B. ¡\ny si6n or si,;n:; in violation of Article 8 which can bc cO','ered or painted over in such a manner so ùle sign will €emply with thi:; Arti€-le-ftoo-whieh do not require removru or mechanical or electrical alterations, the ·....hole or part of ùle :;i,;n shall be covered or pninted within t·....enty four hours after written notice hflS been ,;iven in writing to abate 010 si6n or signs. D. Notice to Ahate 1. The City Mrulager or the Buildin,; OITicial, or one of their de:;i,;nees, is autllOrized to prepare and dcliver notice to abate finy si6n or signs in violatiðu-ttf-ATtiete-8: ~ice i:; deemed to he :;erved Itw-the-purpo:;e of Article 8 if delivered lO fU1Y per:;on who is an owner or lessee of Ole rremise:; on which the :;i6n or :;icin:; fire located, or to an)' orncer of an)' corporation or any pn:tner of a pa:tnership ',vhich i:; OperHWlci a hlJ:;Íness-Bn ùle prt:mises on which the :;i6n or signs a:e located fUld which is responsible for the :;i6n or sign:; in violnMn-ttHßis /\rticle. E. The Buildinó Oflìcial or hi:, desicince In a)' cause an illegal tempornr)' sign to bc rcmoved ...ii01Ín l·.vent)' f-ol:lr ROl:lrs. F. Upon presentation of proper credenlinl:;, ù1e Building Oflìcial, or his duly auù10rized representative, may cRtcr at reasonable time:;, any building, structure, or premisc in Ù1C City to perform any duties imposed upon him by this A;'ticle. Article 8 Sign Regulations Page 8-7 Zoning Regulations City of North Richland Hills. Texas Section 824. TABLE OF PERMITTED SIGN.S'; The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs shall be allowed or prohibited by these regulations. Signs are listed in accordance with allowable zoning districts shown as shaded areas, and zoning districts where cert(lÎn signs are prohibited shown as blank areas. RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS Table of Permitted Signs Permit {Y/N} Regulation Section Number o A. Ground Signs Major Development Signs Monument Signs {1} (2) {3} Pole Signs (2) (3) (4) Subdivision Nameplate Signs New Development Signs Traffic Directional Signs y Sec. 842 y Sec. 838 y Sec. 836 y Sec. 846 y Sec. 848 N Sec. 850 B. Building Signs Canopy Signs Projection Signs Roof Signs Wall Signs {S} y Sec. 860 y Sec, 862 y Sec, 856 y Sec. 854 C. Temporary Signs Banner Signs Construction Trade Signs (6) Flags (7) Garage Sale Signs Political Signs (8) Portable Signs Real Estate Signs {9} Weekend Advertising Signs 1. Monument Signs are regulated as being either single-family residential, multi-family residential, or non-residential. 2. Special spacing provisions apply to Pole Signs and Monument Signs at auto dealerships. 3, Signs in the AG district have special size and height limitations, see Section 810, 4. Additional height and sign area are allowed when the Pole Sign is located within the Freeway Overlay Zone. 5 Multi-family allowed one Wall Sign per street frontage. 6 Construction Trade Signs are regulated as either residential or non-residential. 7 Company logo flags not aflowed in AG, R1S, R1, R2, R3, R4D, R6T & R8 districts. 8. Political Signs are regulated as either AG & "R' district signs or . All Other district signs, N Sec. 878 N See. 880 N Sec. 882 N See, 874 N Sec. 876 y See, 870 N See. 872 y Sec, 884 S A table has been prepared showillg which type of sigll is aI/owed for the differellt ZOllillg districts. A matrix t.able is much easier to read alld ullderstalld rather thall listillg the various ZOllillg districts where a sign is aI/owed in textformfor each ~'ign cl.assiJication. Article 8 Sign Regulations Page 8-8 Zoning Regulations City of North Richland Hills, Texas Section 826. NONCONFORMING SIGNS6 .A.. Time Pel"Ïod ^ period of ten yea:s subsequent to UlO effective date of U1i:; Ordinrulce is hereby established for U10 abatement of signs lccially existing prior to UlO :;nid dme, but such sign:; which have become Nonconforming under Ule terms of U10 ;\;ticle or previous OrdillfUlees adopted sincc (lie crfective dute noted. Nolllin¡; contained '.viU1Ín U1Ís provision shall apply to signs illegallyerectee!. Such iIle;ally crcctcd sicin:; arc :;ubjeet to immediate abatement. For purpose of these regulations, this Section shall apply to nonconforming signs. Any sign or advertising structure which was erected prior to such time as it came within the purview of these regulations, and any amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations: A. An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Zoning Board of Adjustment. Replacement of the sign panel shall be allowed, provided, however, that when the sign frame has been removed, the sign area and sign height of the replacement sign shall be in accordance with the provisions of these regulations. B. A non-conforming sign which is destroyed or damaged to the extent of 50% or more of its replacement value, shall not be repaired or rebuilt, unles.~ said sign is in accordance with the provisions of these regulations. The Building Official may require the owner of.mid non-conforming sign to submit two or more independent cost estimatesfr011l established sign companies to repair or renovate the existing non-conforming sign and two cost estimates from establi,\'hed ~;ign companies to construct a new sign, including its supporting structure, which is substantially the same or similar to the non-conforming sign destroyed, damaged, dilapidated or deteriorated.. ß. '.'lull Sign" Noneonfonnin; painted wall :;i;;ns ¡~Ðject to, in-a6ditien to the abatcment procedures set forUl, immediate abatement vihen Ule busifle:;s occupyiflci ilK premises-€-hafl;e:; to H different busines:; or different owner neccssitating repainting of the snid si;n. C. ,A, fJveul ,^.batement period:, e:;tn,*is-fled-h~~eeHe-ft~1 he fore the Zonin; BOf);'d of :\djustmenl. ,^.. The lu·;.'ful use of {my :;ign at the time Uli:; Ordinancc was adopted may be continucd for u period of five (5) yea:s, ofter '.vhieh any si;n not in compliance '",WI U1Í:; Ordinancc sh¡¡ll be considered non conforming. B. Exccpt as U1Ís Ordinance may oUlerwi:;e require, an)' Nonconfonnin; sign use ma)' be continued in opcration on tl10 SAmc land and/or on Ule :;nme structure ·....hich \Va:; in use on Ule effcctive date of Ulese regulations or on !:he effective tlft{e of finy amendment hy which Ule use became Nonconfonninci, but such si;;n area advertising and/or stnrcture shilll not be altered or increa.;etl-wtl!t9Ht n permit which hn:; hcen nppnwed hy tllC BOf):;'d of Adju:;tment. Section 830. SIGN MAINTENANCE Signs and sign structures, including UIOSC existing prior to Ulis Article, shall be maintained at all times in a state of good repair, safe and secure condition, witl! all braces, bolts, slips, supporting frrune and fastenings free from deterioration, tennite infestation, rot, rust or loosening, and ahle to wiUlstruld at all times tlle wind pressure for which Uley were originally designed. A person maintaining émy sign, or sign structure shall keep tlle ground space wiUlin eight (8) feet measured 6 The Sigll Regulations contains its own provi.~ioll.~ for non-conforming signs to allow for the replacement of sign pallels on non- conforming signs. Normally, building permit.~ to make suhstantial renovations to a lIOn-conforming structure require approval by the Zoning Board of Adjustment. Howel'er, the amount of time lost and the cost.~ associated with a ZBA hearing do make it practical for simply replacing a sign panel. Article 8 Sign Regulations Page 8-9 Zoning Regulations City of North Richland Hills, Texas H. Lots with Two Frontages - When a lot, tract or parcel of land abutts two (2) or more street frontages, a Pole Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty (50) feet, or more, of frontage and that any Pole Sign maintains the minimum spacing requirement as prescribed herein. I. Vehiculm' Protection Every Pole Sign shall be located within a landscaped area or provided with vehicular protection using a curb, bollards or similar device unless there is: 1. aminil1llll1l of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is over a pedestrian area, or 2. aminil1lul1l of fourteen (14) feet of clearance from the bottol1l of the sign to the grade below when the sign is over a vehicular traffic area.open and cleftr of ob:;truetions in elH n:ea extendinJ bet'Neon Lbirt)' (30) inches above the Jround and eight (8) feet above the Jround. J. When a Pole Sign is located at a driveway entrance, landscaping plants or planter boxes situated at the base of a Pole Sign shall not exceed thirty (30) inches in height. K. A Pole Sign may be used in lieu of a Monul1lent Sign, except in residentially zoned areas, provided that all spacing requirements are maintained. Nothing in these regulations shall be construed so as to allow more total sign area of all Pole and Monument .Signs than i.\· allowed for the type of sign used. M. /\ minimum qunltfietl frontage of tiny (50) feet shall be required to erect a Pole Si;;n. N. Pole SiJns shaH-Ðe-!ttLHehed to the ground :;0 fC; to meet or exceed the-rettJirement:; of Section 800. L. Outdoor Menu Board (or Info-Boards) shall be allowed on a lot which has previously been approved for a business with drive-thru windows and under the following conditions: I. Not more than one (1) outdoor menu board shall be allowed per drive-thru window. 2. Display area shall not exceed thirty (30) square feet. 3. The outdoor menu board lettering .çhall not be legible from any street. M. A Pole Sign may contain a changeable message board which utilizes either electronic or changeable leUers.~ +Uno fUH:! Tempefflture. etc., may be permilled on nn individual ba.;is b)' submitl111 of a request to the Building Official. The area of a changeable message board shall be included in ca{¡:ulating the total sign area. N. Illumination A Pole Sign may be illuminated. Section 838. MONUMENT SIGNS The purpose of a Monument Sign is to provide advertising near ground level. Monument Signs shall be classified as either single-family residential, multi-family residential or non-re.çidential. Monument Signs shall comply with the following regulations which are established for the three (3) divisions: A. General Provisions Applicable to all Monumeut Signs 1. A permit shall be required for e¡'ery Monument Sign. 2. Monument Signs shall be allowed in zoning district.\· .çJ¡own in ,Section 824, Table of Permitted Signs. Gtte MBHttfnent-£i-gIHf1ftt-t~nt+tetl-wtd~clHlcvclopllleHt in all zomttg-district with exceptions as specified in Seett~eG;-stlbsetòtteH-B4-Nt)(lætlt{-}fllli~-M~. 3. When a A1unument Sign is situah!d within an island or a driveway location at the en try way of a development where a vehicular drÍl,ing lane is lowted on one (1) or more sides of the Monument Sign, the Monument Sign shall be set back a distance of fifteen (IS) feet from the right-of-way line or an exten.çion of the right-of way - Article 8 Sign Regulations Page 8-11 Zoning Regulations City of North Richland Hills, Texas line from the adjacent lots. The provisions of the Visibility TrÌlmgle contained elsewhere in these regulations shall apply when a ¡Wonument Sign is situated on one or both sides of an en try way of a development. 4. The calculation to determine the maximum sign area shall include the total structure of the Monument Sign. B. Single-family Residential Monument Signs 1. Number AlJowed - Not more ú1an two (2) matching .~·ingle-family Residential Monument Signs shall be allowed at ú1e main each entrance of a single-family residential subdivision. Monument sicin:; a;c not permitted in ilic AG District. 2. Maximum AI'ea - A Single-family Residential Monument Sign shalJ not exceed fifty (50) square feet in area. 3. Maximum Height - A Single-family Residential Monument Sign shall not exceed four (4) feet in height. 4. Illumination Single-family Residential Monument Signs may be illuminated. C. Multi-family Residential Monument Signs 1. Numhel' AlJowed - One (1) Multi-f,unily Residential Monument Sign shall be allowed and onl)' fit Ú10 main each entrance of n multi ffUtti+y-èevclopmenl. for each platted lot, tract or parcel of land, for the first three hundred (300) feet of qualified street frontage. Measurement of street frontage shall be from the intersection of a property line with the street right-of-way. One (1) additional Multi-family Residential Monument Sign shall be allowed for each additional three hundred (30D) feet of qualified street frontage, or fraction thereof. 2. Maximum Area - A-MttHi-fttmil)' H.c:;idcntial Monumcnt Sign :;hnll not cxceed tift)' (50) :;quH:e feet in arca. A Multi-family Residential Monument Sign shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street froll tag e, and no Multi-family Re:\Ídential Monument Sign shall exceed the maximum area of one hundred (100) sqwu'C fect. Furthermore the total area of all Multi-family Residential Monument Signs shallllot exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage 3. Maximum Height - A Multi-family Residential Monument Sign shall not exceed four (1) six (6) feet in height. 4. Sign Location - All Multi-family Residential Monument Signs shall be situated within and perpendicular to the increment of qualified street frontage used to calculate the sign area. When a Multi-family Residential Monument Sign is situated near a property comer, the street frontage used to calculate the sign area shall be determined by the location of the sign in relation to an imaginary line forming an angle which bisects the intersection of the two adjacent property lines (see illustrations in the appendix). However, on a comer lot, two Multi-family Uesidelltial Monument Sign.\· may be attached near the property comer, provided that the Monument Signs do not encroach any required visihility triangle. 5. Spacing - A Multi-family Uesidential Mon ument Sign shall be a minimum of one hundred (100) feet from another ¡'vlonument Sign situated on the same lot. 6. Lots with Two Frontages - When a lot, tract or parcel of land ahutt:. two (2) or more street frontages, a Multi- family Uesidential Mouument Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of Jifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum spacing requirements as prescribed herein. 7. Illumination Multi-family Uesidential Monument Signs may be illuminated. D. Non-residential Monument Signs I. Number Allowed - One (I) non-residential Monument Sign sluùl be allowed for each platted lot, tract or parcel of land, for úle first Úlree hundred (300) feet of qualilied street frontage. Measurement of street frollftlge shall he Article 8 Sign Regulations Page 8-12 Zoning Regulations City of North Richland Hills, Texas from the intersection of a property line with the street right-of-way. One (1) additional Monument Sign shall be allowed for each additional U1J"ee hundred (300) feet of qualified street frontage, or fraction thereof. 2. Maximum A.'ea - A non-residential Monument Sign shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage, and no non-residential Monument .Sign shall exceed the maximum area of one hundred and fifty (150) square feet. Furthermore the total area of all non-residential Monument .Signs shall not exceed the ratio of one (1) square foot of sign area for each two (2) feet of qualified street frontage. 3. Maximum Height - Monument Si6n:; in nil zoning district; viith cxception of "R" districts A non-residential Monument Sign shall not exceed U1e maximum height of six (6) feet. 4. .Sign Location· All Monument Signs shall be situated within and perpendicular to the increment of qualified street frontage ll.'ied to calculate the sign area. When a Monument Sign is situated near a property corner, the street frontage used to calculate the sign area shall he determined by the location of the sign in relation to an imaginary line forming an angle which bisect~· the intersection of the two adjacent property lines (see illustrations in the appendix). However, 011 a corner lot, two J'r/onument Signs may he attached near the property corner, provided that the Monument Signs do not encroach any required visibility triangle. 5. Spacing - A non-residential Monument Sign .\'hall be a minÍ11111/11 of one hundred (100) feet from another non- residential Monument .Sign, Pole Sign, or Major Development Sign situated on the same lot. 6. Lots with Two Frontages - When a lot, tract or parcel of land almtts two (2) or more street frontages, a J'r/onllment Sign shall be allowed for each street frontage, provided that the street frontage contains a minimum of fifty (50) feet, or more, of frontage and that any Monument Sign maintains the minimum spacing requirements as prescribed herein. 7. A non-residential Monument Sig/lmay he used in lieu of a Pole Sign, provided that all spacing requirements are maintained. Nothing in these regulations shall be construed so as to (illow more total sign area of all Pole and Monument Signs than i... allowed for the type of sign used. F. ,\ non re.;idenlffil-Münul11ent Si6n .;lffill not exceed one hHtltlrcd and fifty (ISO) squn;e fcct of n;ea. G. ^ non residential Monument Sign :;hall not excced :;ix (6) fcet in hei;;ht. 8. A non-reÛdential J'r/onument .Sïgn may contain a changeable message board which utilizes either electronic or changeable letter~·., i.c., Time and Tempernture, etc., may be permiucd on an individual basis by submitlfti of a requcst to U1C Buildin6 O/:fiefftl. The area of a message board shall be included in calculating the total sign area. 9. Illumination A lIOn-residential J'r/onument Sign may be illuminated. Section 840. SIGNS FOR AUTOMOIHLE DEALERSHIPS Pele-and Monument Si;;n:; en.:cted fOHfle purpose of advcnLin6 Automobile Dealerships shall be allowed are subject to the folJo·.ving provision:; which :;haJl be applied in addition to the applicHble regulations contained hcrein:^- Numhe.· Allo'/ied - One (1) Pole Sign or Monument Sign shall be allowed for each separate Dealership for each one hundred fifty (150) linear feet of qualified street frontage, or fracùon U1ereof, and be subject to tbe applicable provisions of the Pole or Monument Sign regulations. B. Mftxitnum A.·en of-Vttle-£i~11 The maximum ¡[fell o~e Si6nlocflted Ht an auto dealer shfill be calculated as one fB-sttun;e foot-ekigil¡[fell foF-etleh foot of qualilìed street frontage, up to H mnximum of Uucc hunclr-cd (300) squa:e feet, except whelHlte :;i6¡HllIIllitïe:; for additionnl area in the freewH)' Overlay Zonc. Article 8 Sign Regulations Page 8-13 Zoning Regulations City of North Richland Hills, Texas C. Mnximum Al'en of Monument Si¡;n The maximum a;-ea of a Monument Sión located at an auto defiler shall not exceed :he N;tie of one (1) square foe: of sig;l (;1'£:(; for each two (2) fret af qualified street frontage, {{nd no mm residential ,Hall/OJ/e'l: Sïgn shaN c:¡;cced :ke ma:'êÌmum arca olone hundred and fifty (150) squa;-e feet Furthermore thc total.<rrea of .:U :10n rcsidential .',1Dnl/ment Signs shall not c:œccd the ratio of one (1) square foot of SigN ({1'Ca for e(;ch two (2) fee: of q/.~(;/ifled strcc: fron.'ctgeo Section 842. MAJOR DEVELOPMENT SIGNS The purpose of a Major Development Sign is to identify the name of a large retail shopping center which contains one hundred thom..and (100,000) square feet offloor area or more and to provide signage for tenants located in the retail shopping center. Major Development Signs shall comply with the following additional regulations: e. Major Developments, containinó fifty Uwusanc! square feet or óreater in builc!inó(s), may have one Pylon Sign located on one street fronlaóe. The 10lal runoont of si;;na;;e allowed on a Pylon Sión shall be calculated at 0.005 squa;-e foet of signnóe for each square foot of 1100r flrea up to maximum of one U1Ou~;and ~;qua;e feet of sign area. Sigmlóe for :;uffi-mttjtiHleve-lHpmcnl nll;y reach a maximum hei;;ht of-sevetlly five feet if !l1e si;;n is located on a bitt1iled /.cce:;:; rroo..vtIj'-!fflIHtt~Or all other fronlaóes of sueh development the ~;i6n may reach a maximum of fifty feet in height-tHttl-s-ltttH-tlteeHl~et'ttl--pfttvts«tII:; of thi:; Artie!&. d. In De·..olopmettl:s-wtth-Sit~ltt~nIH;;O:;; Le., Ulree hundred lïfty linear fcel or ¡;reater, on two or more streel:S, additional óround si;;n:; may be permilted for eflch strool provitlinó U1nt all sign:; requested meet the provision:; of Seclion gOO. A. A permit shall be required for every Major Development Sign. B. Major Development Signs ...hall be allowed in zoning districts shuwn in Section 824, Table of Permitted Signs. C. One Major Development Si~n shall he allowed when either of the following criteria are satisfied: 1. On a single platted lot which contains one (1) multi-occupancy bl/i/ding having one hundred thousand (100,000) square feet offloor area or more, or two (2) or more buildings, with a comhined total of one hundred thousand (100,000) square feet of floor area, or more; or 2. When an attached multi-occupancy huilding ha~' a comhined total of one hundred thousand (100,000) square feet of floor area, or more, and is situated on two (2) or 11Iore platted lots. A Major Development Sign 11Iay advertise tenllants located on any of these two (2) or more platted lots. B. A ¡Wajor Development Sign shall he considered a bonu.~ .\·ign and shall be allowed in addition to any other sign authorized in these re~l/lations, prol'ided that all spacing requirements are satisfied. C. Nothing in these provisions shall he cOllstrued so as to allow more than one (1) Major Development 5,ïgn for each street frontage per eligible development. D. Spacing. A ¡Hajor Development Sign .'.hall he amilli11lu11l of o/le hundred (100) feet fro11l a Pole Sign or Monu11lent .'S'ign located on the same lot or on an adjacent lot of the same development. E. Maximum Area· The Major Development Sign shall not exceed the ratio of O. 005 square feet of sign area for each square foot of building floor area. No Major Development .sïgn shall exceed one thousand (1,000) square feet of sign area. F. Maximum Height. A Major Development Sign shall not exceed the maximum height of fifty (SO) feet, except when the Major Development Sign qualifies for additional height in the Freeway Overlay Zone. G. Every Major Development Sign shall he located within a landscaped area or provided with vehicular protection using a curb, hollard.\· or similar device unless there is: Article 8 Sign Regulations Page 8-14 Zoning Regulations City of North Richland Hills, Texas 1. a mill/mum of eight (8) feet of clearance from the bottom of the sign to the grade below when the sign is over, _" pedestrian area, or 2. a minimum of fourteen (14) feet of clearance from the bottom of the sign to the grade below when the sign is over a vehicular trafJìc area. H. When a Major Development Sign is located at a driveway entrance, landscaping plants or planter boxes situated at the base of a Major Development .Sign shall not exceed thirty (30) inches in height. 1. A Major Development Sign may contain a changeable message board which utilizes either electronic or changeable letters., Le" Time and Tempemture, etc., may be pennilled on an individual ba:;is by submittal of a request to the Buildinó Offidal. The area of a changeable message board shall be included in calculating the total sign area. j. lIlumination A Major Development Sign may be illuminated. Section 844. FREEWAY OVERLA Y ZONE There shall be a Freeway Overlay Zone located within an area two hundred (200) feet from and parallel to the right-of- way of I. H. LooJ1820 and State Highway 12/. A l'ole Sign or Major Development Sign within the Freeway Overlay Zone shall comply with the following additional regulations: A. Maximum P()I~ Sign Height - A Pole Sign located within Ule Freeway Overlay Zone shall not exceed fift)' (50) sixty- five (65) feet in height. ,except U¡e-Itei-ght of a Pole-£igtt-locnted Wil1titl Ule fn:cwny Overl~ne may be increased to ft-Itcig4tt-w!ti€fl-i-s-thifl-y-live C~5) feet noove-the-fieigflt-eH:He ndjacenrtnftÍn travel lint: of t1le freeway, whichever is gretHef: B. M:lximum M:ljol" [)~vd()pm~nt Sign Height - A Major Development Sign located wiU1in Ule Freeway Overlay Zone shall not exceed seveflt)' live (75) sixty-five (65) feet in height except Uw hei6ht of a Major De','elopment Sign located wiU1in tile Frecway Overln)' Zone mn)' be inerensed to n hei6ht '.vhich is thirt)' lïve (35) feet abo"'e the heigHt of the adjncent main tra','cllinc of Ule frcc',vay, whichever L; 6renlef. C. Maximum Pole Sign AI"C:I - The maximum size of a Pole Sign located within the Freeway Overlay Zone shall be two (2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred (400) square feet. .S'ection 846. SUBf)fVISION NAM Hl'LA TE SIGN.\· The purpose of a Subdivision Nameplate Sign i... to provide identification of a subdivision. Subdivision Nameplate Signs shall comply with the following additional regulations: A. A permit shall be required for every Subdivision Nameplate Sign. B. No more Uuurlwo mntching--¡nttHtHflent si6n:; Subdivision Nameplate Signs shall be allowed at tilC main entrances of ~~sffittS:--MffitttIflefH-&tgHS-tu'e-tlot pellniHetHn Ule AG distriet in zoning districts shown in Section 824, TaMe of Permitted .Sig/1.\',' 1. Location - .Subdil'ision Nameplate Sïgns shall be attached to afence or masonry screening wall. 2. Numbel' Allowed - Not more tl1alllwo (2) matching Subdivision Nameplate Signs shall be allowed find only at tfle--¡ftftffi each cntrance of CUI "R" district subdivision, or a mulû-family development. - 3. Maximum Area - A Subdivision Nameplate Sign shall not exceed lifty (50) square feet in area. Article 8 Sign Regulations Page 8-15 Zoning Regulations City of North Richland Hills, Texas 4. Maximum Height. A SubdÌJlision Nameplate Sign shall not extend abOlle the fence or wall to which it is attached. 5. Illumination Subdivision Nameplate 'sïgns may he illuminated. Section 848. NEW DEVELOPMENT SIGNS The purpose of (l New Development Sign is to provide temporary identification of a new residential suhdivision, or a proposed new commercial development.Subdivi~;ionJNcw Development Sicin~; arc to be used for the identification of a new projcct, :;uch as a new subdivision, where rcal property i:; beinci :;old for Ule first Lime to fl u:;er, new builclin;;s, pliblic projects and U1e-Hke. 1'he:;e :;ign:; a;-e not permanent but mil)' be required for a longer period of time Uum mosttemporfi:'Y sigHs. New Development .Signs shall comply with the following additional regulations: A. Permit Period A permit shall be required for each New Development Sign erected in accordance ·....iUl Ulese provisions. Permits for such signs shall be isstied valid for a period of one (1) year, or to the completion of Ule project, whichever occurs first and must he removed prior to expiration of the permit. The /. second pennit alIov/ing may he renewed each year-tttHttlditiettttl of one yellE mllY be ,,;ranted by Ule Buildin,,; Official upon payment of a new fee-ettiftl to Ule ori.;innl permit f00 and in coltlttnnance with Ule follo',vinci requirements provided that a minimum often (10) percent of the lots remain vacant in a residential subdivÌ.\·iol1 or until the is.\'Uance of a Certificate of Occupancy hy the Building Official. I. /. :a:H~t1--pettÎttti-ttHJle devdopmdtt-ts--ftot yet completed. 2. The devde7tlteitHttts-htttltHW",'-tIetí-vtty--Ht-rJ'O;;re:;:;. 3:---+he--s+ttt-ts--re!oetlletHo-a-refl-ien-efthe-tlevdef7ttteHt-which i:; not ofkn:;ive 10 Ule cOJlt~eted portion of Ule devclopffiftlr. B. On-site - One (I) 8tcll New Development Sign shall be allowed pcrmilled to install one on site sign located on Ule pffllJel'lJ on-site of the residential .mbdivisiol1 or on the site of the commercial project. Additional on-site New Developmel1t Signs shall be allowed as follow.\': ov;,ned by I1le adverti:;er in 1110 same zonin;; district as U10 project. 1. One (1) additiol1al Nell' Development Sign shall be allowed ol1-.'iite on a different street than the initial New Development Sign when a residential.wbdivÎ.\·ion cOl1tail1.'i two ~·treet intersections which do not intersect on the same street. 2. One (1) additional New Development Sign shall he allowed on-site of a proposed new commercial project when the site contains two or more street frontages. C. Off-site· One (I) New Development Sign sh,ùl be allowed off-site which may be located in any Commercial, Industrial, or Office Zoning District, or on unplalled vac,ull property. D. Maximum l-Icight - A New Development Sign The:;e si;;n:; shall not exceed fifteen (15) feet in height. E. Maximum Area - ^ New Development Sign shall not exceed one hundred filly (+S{)) (100) square feet in area siæ. E. Such :;i~'tls-shflH-I:~e-!Hetttetl-ttHetJSHweilly Ii ve feel bcllitltl-Ule-et!flHtf.t:he-street-ftftd-sluùl not be in violation of any vi:;ibilit)' trinn.;lc. F. Illumination A New [)evelopment Sign may be illuminated. Section 850. TRAFFIC DIIŒCTlONAL SIGNS The purpose of a Trt!/fic [)irectio/lal 5;ign is to aid vehicular traffic into or out of a business establishment hy identifying the vehicle entrance or exit. Trt!fJic [)irectional Signs shall comply with the following additiol1al regulations: Article 8 Sign Regulations Page 8-16 Zoning Regulations City of North Richland Hills, Texas A. A permit shall not be required for a TraJJic Directional Sign. B. Traffic Directional Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs. C. One (1) Traffic Directional Sign shall be allowed for each curb cut, provided such sign does not constitute a traffic hazard. D. A Traffic Direclional Sign shall nol exceed lwO (2) squéu'e feet in area. However, a Traffic Directional Sign located behind a building set-back Line shall not exceed six (6) square feet in area. C. Traffic dircctional si6n:; n.:c Bol permittcd in AG or IIny "R" Di:;(:rict, witll the exception of 1110 R 7 MF District. E. Tramc Directional Signs may pertain to either vehicular or pedestrian traffic. F. Tral1ïc Direclional Signs shall nOlmay include any adverlisin6 Of altentioB £!llJflcLin6 li;;hu1in;;, symbols, logos Of ~ a company name and logo. G. A Traffic Directional Sign may be illuminated. Section 852. BUILDING SIGNS Building Signs shall be regulated as either Wall Signs, Roof Signs, Canopy Signs, or Projeclion Signs. Section 854. WALL SIGNS The purpose of a Wall Sign is to provide single faced sign age attached flat against the wall of a structure. For the purpose of these regulatiol1S, a sign attached to a mansard roof which has a 1:1 slope, or more, shall be regulated as a Wall Sign. For the purpose of these regulations, a sign which is attached or affixed to an awning-like structure and does not extend more than thirty-six (36) inches frolll the exterior of the wall surface to which it is attached shall be regulated as a Wall Sign. Wall Signs shall comply with the following additional regulations: A. A permit shall be required for every Wall Sign. A separate permit shall be required for any awning. B. Wall Signs shall be pellnilled in Commercifll o~nin;; di:;trict developments provided \;he tolfil A::e!l of illl wflll si;;ns on fin)' one wall of fl buildittg-SllftH-Hol exceed lwenly five percent of the total waIl n.:efl. allowed in zoning districts shown in Section 824, Table of Permitted Sign.... C. Maximum Area: Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs on each wall surface shall not exceed twenty-five (25) percent of the total wall area. For purposes of these regulations, the term "wall area" shallme(lIl the wall surface of a single tenant structure or the storefront of a lIIulti-occupancy structure.. D. Multi-fmllily Developments: WaIl Signs for multi-family developments are limiled to one (1) Wall Sign for each street frontage and a maximum area of lifty (50) square feel. C. Application of Ole fire£! requirements shall jHcltttle IIn)' vahmce or permanent window si6ns. E. A Wall .'Wgn shall not project more than eighteen (J 8") inches from the surface upon which it is mounted. However, the upper edge of a Wall.Signmoutlted on a I1UlIIsard roof may project more than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the apparent roof Line of the building. Article 8 Sign Regulations Page 8-17 Zoning Regulations City of North Richland Hills, Texas F. Except for signs attached to a l1ulI1.mrd roof, all WalJ Signs shall be placed flat against the wall of a building and shall not project above the parapet wall, Ú1e apparent flat roof, eaves line of the building, or extend beyond the side wall of the building. G. A Wall Sign may be back 1i6hted, indirect lighted, or imcrnnlly li.:;hted illuminated. Section 856. ROOF SIGNS The purpo.'œ of a Roof .Sïgn is to prOl'ide advertising on the roof area of a structure. A Sign attached to a mansard roof which has less than a 1:1 slope shall be regulated as a Roof.S'ign. Roof Signs shall comply with the folio wing additional regulations: A. A permit shall be required for every Roof Sign. B. Roof Signs shall be allowed in zoning districts shown in Section 824, Table of l'ermltted Signs. C. One (J) Roof Sign ffifty-he perl1litted-wit~€ft-devcl(Jpl1letH shall he allowed for each lot. However, no lot shall have a Roof Sign in combination with a Wall Sign, Canopy Sign or l'rojection Sign. in rul zonin.:; distric\-$, except AG and fill)' uRu Distriët. D. ^ Roof Sign shall not projcct horizontally ovcr Ù1C edge of tJ1e roof or eaves and the lower edge of a Roof Sign shall not exceed eighteen (18) inches ahove the apparent flat roof line. E. The mnximum permilled arCH of ^ Roof Sign shall not exceed bc tJ10 ratio of onc (l) squllrc foot of si.:;n fl:'Cfl for each foot of qunlified slTeeHi'BHIttge;-fUld no Roof Sign shall exceed t11C maximum mea of t'l/O hundred (200)fifty (50) square feet in area. F. 1110 height of a Roof Sign shall not excecd ton (10) feot ahove the apparcnt tlat roof or caves line. G. A Roof Sign may be illuminated. G. Roof Sign :;upf*trts-shttlHJe-ftf€tHteettffitHj'-ttttftletive or :;creencu from \'iCVl. Section 860. CANOPY SIGNS The purpose of a Canopy Sign i~' to provide advertising Oil a canopy structure. For the purpose of these regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall surface to which it is attached or to a free standing canopy shall he regulated a.\· a Canopy Sign. Canopy .Sïgns shall comply with the following additional regulatio/ls: A. A permit shall he required for every Canopy Sign. A separate building permit shall he required for the construction of the canopy. B. Canopy Signs shall he allowed in zoning districts shown in Section 824, Table of l'ermltted Signs. CEU10P)' Signs shall require a si.:;n pennit-ttFPro\'ed by t11e-B-ttHding Onïcinl prior to eon,;tfuction. C. A Cru10py Sign shall not cxceed lïty (50) percent of thc wall surface :u'ca of ù1e Cru10py. D. A Canopy Sign .çhallnot extend heyond the width or project ahove the top of the canopy. E. A Canopy Sign may be illuminated. Article 8 Sign Regulations Page 8-18 Zoning Regulations City of North Richland Hills, Texas F. Signs suspended from a canopy shall not extend more than one (1) foot below the bottom edge of the canopy, nor less than eight (8) feet above the grade below over a walking area or fourteen (14) feet if over a vehicular maneuvering area. G. When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be allowed and are exempt from any permit requirements. However, such signs shall not exceed four (4) square feet in area. Section 862. PROJECTION SIGNS A Projection Sign is a sign in which the message area is perpendicular to the wall of the building. Projection Signs shall comply with the following additional regulations: A. A permit shal/ be required for every Projection Sign. B. Projection Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs. C. One (1) Projection Sign shall mtty be pennilled allowed for each de·.'clopment single tenant building or for each tenant in a multi-occupancy structure. However, no tenant storefront shall have a Projection Sign in combination with a Wall Sign, Roof S'ign, or Canopy .'-jign. in nil zonin6 di:;tfiet.;, except for AG and any nRn tJi~;triet. D. The total permitted nrea of A Projection Sign shall not be meH:;uretl a,; one squnre foot of sign a:;-ea for each linen: foot of qualified frontage not to exceed tHlH*Ímum of twenty-five (25) one hundred (100) square feet. The plane of the message area shal/not exceed eighteen (18) inches from the plane of the message (Irea on the opposite side of the sign. E. Projection Signs shall not project over ~U\y property line or right-of-way line., or over any mea within ten (10) feet of the curb o~blie :;u'cel. F. A Projection Sign shall not project more Ulan four (4) feet from any wall facing and shall not extend above the apparent roof line of the building. G. Every Projection Sign shall be amillimum of eight (8) feet above the grade over a walking area or fourteen (14) feet over a vehicular maneuvering area H. A Projection S'ignmay be illuminated. Theater Marquees The mnximmll permitted afCfl of n Theater Marquee shall be one squn:e foot of ,;ign fl;'C for each linea:;- foot of Cunlitied frontage nOH~-€eetHhree-fttmdred :;qufu'e feet of si6n aren. Section 868. TEMPORARY SIGNS Temporary signs shall be regulated as either Portable 5;igns, Real Estate Signs, Garage Sale Signs, Political Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs. ¡\. No pcrson may creel a Tempoffu')' Si;n, os hercin delÏned, WiU10ut a permit from Ule Building Orticinl. B. Tempon~y Si6ns may be permilled to busine:;:;c:; po:;se:;sin6 a current Certifienle of Occupancy. ^- All temporary type fffigile display:; or :;i6na~c.è U1f1t-fl~ej*fflte from itself or become :;epfifflted from eiU1er line under U1e-gttffidines of the-8-niform BttHtHttg-tOOe,shttH-he prohibited. Tl1e:;c restrictions flrc to protect !:he general ptffll-ie-from 11)'in¡; dchri:; 6cnffitted~memberetkl-isrhtys: B. No temporary si6n shnl~ltftehetl-te-nny utilit)' pole, li6ht pole, or traflÏc control si6n or pole. Article 8 Sign Regulations Page 8-19 Zoning Regulations City of North Richland Hills, Texas Section 870. PORTABLE SIGNS A. A permit shall be required for every Portable Sigll. lJ. Portahle Sïgns shall be allowed in zoning districts shown in .Section 824, Table of Permitted Signs. C. A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the premises on which ÙJe referenced business, industry or pursuit is conductcd and only when a Certificate of Occupancy has been previously issued by the Building Ojjìci(¡f. D. The complcte Portable Sigll pnckn¿c structure must be removed from ÙJe premises upon expiration of tlJe pennit Removal of I1Je letters from ùJe sign bo<u'd docs not constitute ftbfttement of n nOli permitted removal of the sign. E. A Portable Sign shall IIOt be displayed for more Ùwn tJJirty (30) cOllsecutive days per permit received. F. No 11100'e than three (3) portable sigll permits per year shall be issued to a husine....... indu~;try, or pursuit. Consecutive permiWllg shall be prohibited. There sl¡;ùl be a fOrly-live (45) day period between permitting. A Portable Sign erected in conjunction with a Grand Openillg Sigllagc Permit shall be exempt from I1Je provisions of tlJis paragraph. G. A Portable Sign shall not cxceed lifty (50) squw'c feet in area. H. A Portable Sign shall not be erected or placed in any location ÙJat constitutes a safcty or traftïc haz.,vd. r. A Portablc Sign shall not be crecled or placed ill a fire zone, lirc lane, hcU\dicap parking arca or required loading zone. 1. A Portable Sign shallnol be placed in any location that blocks ÙJe view of any ground sign. K. ^ Portable Sign shall be a minimum of one hundred (100) feet from anol1Jer Portable Sign situated on the swne lot. L. A Portable Sign may advertise one or more ~ttftl-busillesses located Oil the same lot. However, for cach business advertiscd II sepnmlC permit fee will be chlU¡;ed for 1110 ndvertbemem ngainst its nllotted tlJree (3) permits pCI' yen: flS :jtnted in t1Jis sub:;ection. M. ^ Portable Sign shall bear in lellcr:; of not Ie:;:; t11lut-et1e (I) inch in heib>ftt ti1e company nwne, address and telephone number of thc owner of the sign which shall be the .Wl/lIe illformation as shown on the Contractor Registration on file with the City. ,-Hte-nftffle-t=tf-the :;ign ovt'ller, and telcphene number on cach unit. This informntion shall be cl:lrrent. Any sign not contaillillg current illformalion shall bc declarcd all illegal sign. alld may be impounded by ti1e City fefty-eight-f48thtttlfS-ftfter notice i:; .;;ivcn to t11C owner or party responsible for the ~;i¿n. N. POI·table Signs t'0!0 Civic And Religious Organizations - Two Portable Signs advertising events of public schools, rcli.;;ious private schools, /lon-profit civic: organizations and religious organizations shall be allowed ereeteà or placed on their property UpO/l approval ofRlkr oblaininci a permit from !l1C I3uildinJ Dcpn:unent. Such pennit shall be at no cost. I. mnximtltH-ef two (2) permits mny be issued at any olle (I) time. P. Portable Sign~; ad.,'enisin¿ pttblie :;chool, eivic or rcli¿iou.; event;, or civic or religious or.;anization~; Inny be placed 011 illJ)' private property wilft-tke-pet'Ht~1 or the OWtJef:---&tJeiHtIT :;ite Sibil:; aæ required to be permitted. Q. Portuble Sign:; HHtIttttt!cin..ö'-civ-Íc or rcligiou:; evclI~tle-sjWefttl-t;ttmmullity in(erestmHY be erected on public property or right-t}f-wtty-wiHl-Spe€ffil-peff~tHt-eHhe-tit)' Coullcil. Such sign:; will be permitted b)' Ù10 Building Deparunellt-flH~st:--Stleh si;ns-sltttH-be-ltiettlftko 11:; IIOttO present a safet)' or Uïlme hnzai'd. Article 8 Sign Regulations Page 8-20 Zoning Regulations City of North Richland Hills, Texas Section 872. REAL ESTATE SIGNS The purpose of a Real Estate Sign is to adl1ertise the offering for sllle or rental of I(l/ld and bui/dings considered as real property. Real Estate Signs shall be classified a.ç either residential or non-re~;Ídential. Every Real Estate Sign shall comply with the following additional regulations: A. General Provision Applicahle to all Real Estate Signs 1. A permit shall not he required for a Real Estate Sign. 2. Real Est(lte Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs. 3. Real Estate Signs shall be removed within one (1) week following the close of a sale or lea<;e of the property advertised. B. Residential Re~II Estate Signs - One lCmpOf!lry :;i;;n (1) Residential Real Estate Sign aJlIlouncin6 the off.cring for sale or rental of individually plallcd n;.;identtftkw-e6ItHllCrcial properly on whieh il is plaeed :;hall l:1e allo·.ved in any district aJld may be placed in ntty-j'tlftl. shall be al/o wed for each street frontage in a residential 'Zoning district, suhject to the fol/owing regulations: 1. The Residential Real Estate ,",ïgn shal/ he placed on the property offered for sale or renütl. 2. The primary area of the Re.'iidential Real Estate Sign shall not exceed ~ six (6) square feet, exclusive of the pole. The Real Estate Sign shall have no more than six (6) "sign riders". 3. No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6) feet in overall height. 4. A Residential Real Estate Sign shall be not be illuminated. 5. In addition to a Residential Real E.\·tate Sign, one (J) "Open House" and one (J) "Model Home" sign shall he aI/owed on the property offered. The size and area shall not exceed that of a Residential Construction Trade Sign. 6. "Open House" signs and "Model Home" signs displayed off-premises shall he allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising Signs contained in this Article. C. Non-residential Real Estate Signs - On non residential eommerein:l property where there i:; a business building, One (1) tempor£l:ry unli;;hted Non-residential Real Estate ,'iign 0lTcrin6 all or !l portion of the some for sale or renl:al shall be allowed !lat flJain.:;t any waH-ttf--tfl~tteS-S-bttihlin;;. Sueh si;;n sl1fl:ll be no tnller than the wall and SHall have an a:ea no IfU'ger Ù1fHt-eHe-imtI~ shall he aI/owed for each street frontage on any 1Il1llti-family or nonresidential commercial property, and shall comply with the following additional regulations: 1. The Non-residential Real Estate Sign shall be placed 011 the property offered for sale or rental. 2. A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area. 3. A Non-residential Re,ù Estate Sign shall not exceed tWeen (15) feet in overall height. 4. A Non-residential Real Estate Sign shall not be iIIuminated-ligltled 5. A Non-residential Real Estate Sign shall be a minimum of twenty-~ (~) (20) feet behind any eurb or edge of pavement. ten (10) feet-Ðdtitttl-tlny properly Ime, which ever i:; ;;realeSt. _c' 6. In additio/l to a Non-residential Real Estate Sign, one (J) "Open House" sign shall he allowed on the property offered. The size and area shall not exceed that of a Non-residential Real Estate Sign. Article 8 Sign Regulations Page 8-21 Zoning Regulations City of North Richland Hills, Texas 7. "Open House" signs di.\'[1layed ofj~premises shall he allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising ,'i,ïgns contained in this Article. c. On undcvelopcd propcrt)', tcmpofHf)' unlighted Si~I1:; offcring U1e ,¡rune for sale or lea,;e ,;hilil be fÙlowed. SHch signs ,;h£lll be 10Cflted at lea:;t twenty five feet behind 1111)' curb or ten fect behind an)' propert)' line, '¡,'hiehever is gfCater, and shall not exceed nfteen feet in heiciht. The tOtfÙ are£l of all sicin me:¡:,;age surfaces of all such signs shall not exceed one ,;quf};e foot per one linenr foot of .;treet frontage of the propert)' for ,;ale or one hundred squf};e feet on eaea street fronting U1e propert)', v,hiche\'er i:; :;maller. Only one :;ign per :;treet fronta~c .;hall be permitted. Eaea sign saall be removed wiU1in one week fello-.vinci tlle close of tlle s£lle or Icœ;e. Section 874. GARAGE SALE SIGNS A. A permit shall not he required fur any Garage .Sale .~'ign. B. Garage Sale Signs shall be allowed in zoning districts .\'hown in Section 824, Table of Permitted Signs when in conjunction with an approved garage sale permit. C. Temporary, unlighted signs announcing tfie fieltH.ltg-ef" a garage sale of household possessions shall be allowed in conjunction with an apprOl'ed garage sale permit at a place of residence. D. Garage Sale Signs shall be located on private property only. Gru-age Sale Signs shall not be permitted a/lowed on any public property, right-of-way. or utility, light. traffic signal or sign pole. E. Garage Sale Signs shall not exceed six (6) square feet in éu'ea. F. Garage Sale Signs shall not exceed tllree (3) feet in height. G, Gru-age Sale Signs shall not bc posted lIIore U1an IÏve (5) days prior to Uw beginning of U1e sale and shall be removed wiU1in twenty-follr (24) hours following the end of UlO sale. H. Garage Sale ....'igns shall not he illuminated. Section 876. POLITICAL SI<;NS The purpo.~e of a Political Sign is to advertise a political candidate for public office, a political party, or an issue being considered for public referendum. /'olitical .Sïgns shall comply with the following additional regulations: A. No permit shall be required for any /'olitical Sign. Tcmpora:y, unlighted, politiclH sicins, includin6 port£lhle or trailer "iJns, supportin¡; an fUll10unccd cnndidate, pa:ty or an issue :;hall be allowed in !In)' distriet-wttllout a .;ign permit. 11. /'olitical Signs shall be allowed in zoning districts shown in Section 824, Table of /'ermitted Signs. C. Political signs shaJl not be located on any utility, light, traffic signal or sign pole. D. Political signs shall be ttre ~ttetI allowed for a period of U1irty (30) days prior to local or county elections, sixty (60) days prior to a state election ru1d ninety (90) days prior to a national election. All political signs shall be removed no later than seven (7) days after U1e election or after U1e termination of candidacy, whichever occurs IÏrst E. AG and "R" Disti..cts: Political Signs shall not exceed six (6) squme feet in area and U1e height shall not exceed U1ree (3) feet above grade in the ACì and all "R" zoning districts. Article 8 Sign Regulations Page 8-22 Zoning Regulations City of North Richland Hills, Texas F. All Othel' Dish'cts: Political Signs shall not exceedfifty (50) square feet in area and the height shall not exceed six (6) feet above grade in all zoning districts except in UJe ACì and all "R" districts.? G. Political Signs shall not be located so as to cause a safety or traftic hazard. H. A Political Sign shall not be illuminated. Section 878, BANNER SIGNS The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages. Banner Signs shall comply with the following additional regulations: A. A permit shall not be required for a Banner Sign. B. Banner Signs shall be allowed in zoning districts shown in Section 824, Table of Permitted Signs. C. One ßanncr Si¿n :;hall-be-ttHowcd for cflæ-sterc front without n ~;i6n permit in all zonin¡; di:;trict:; except :\G and the R 1, R 2, R 3, R 4 D, R 1 S, R 6 T, mid Il 8 Di.;ifÌ€tS-: C. One ßanner Sign shall he allowed with cach develt1f*fient of a bu:;ine:;$ holdin¿ a ccrtificatc of occupancy without f\ sicin pcrmit in all 7.Oninci di-sHicl.;, except wiHtitH:ke-AB-flfi(1 thc R 1, R 2, it 3, R 4 D, R 1 S, R 6 T, find R 8 DistriclS. for each single occupancy structure or for each store front of a multi-occupancy structure. D. A ßanner Sign shall not exceed fifty (50) squ:U"\~ feet in m'ea. E. ßanner Signs shall be Seetifely attached to a wall surface or fascia 6tt-ilic fronL or :;idc of f\ building structure and shall noL project above the apparent roof or caves line. F. ßanner Signs shall he kept in good repair and remain securely attached in such a manner to wiUJstand wind loads in accordance with the Ul1Iform Building Code. G. A Banner Sign shall not be used in lieu of a permanent Wall Sign for a period exceeding sixty (60) days. H. In conjunction wiUJ UJe Grand Opcning Signage provisions of UJis Article, one additional oversized banner shall be allowcd on UJe fronL or side of a building structure for each street frontage of a business holding a Certificate of Occupancy. The maximum size of the addiLional banner(s) shall not exceed twenty-five (25) percent of the wall area on which the banner is auachcd and may be displaycd for a period of thirty (30) days. I. Developments with a parking lot containing more than sixLy-live UJOusand (65,000) square feet may erect color coded banners for the purpose of aiding patrons in locating UJeir parked vehicles. Such banners shall be located on poles unifonnly throughout the parking lot with a ratio noL Lo exceed one (1) banner for each sixty-five thousand (65,000) square feet of parking area. Such b:uJJJers shall be entitled to have a logo or symbol identifying the establishment. The total size of each such color coded banner shall not exceed UJirty-six (36) square feet and the banner shall not be less UJaJJ three (3)' feeL in width nor more than twelve (12) feet in lengúJ or greater úJan twenty (20) percent of the surface height of the pole to which iL is to be attached. Section 880. CONSTRUCTION TRADE SI(;NS The purpose of ([ Constructio/l Trade ...;ign is to provide temporary advertising for the variou~' construction companies working at (l cOllStrllction site. For purposes of these regulations, a sign which advertises the financial 7 The maximllm area for a political sign has heen estahlished at jifty square feet since portable signs are often used for advertising political candidates and portable signs are limited to fìrtv squre feet. Article 8 Sign Regulations Page 8-23 Zoning Regulations City of North Richland Hills, Texas lending institution shall be considered a Construction Trade Sign. Construction Trade Siglls shall be regulated as either Residential Construction Trade ,'Wgns or Non-residential Construction Trade ,Signs. A. No permit shall he required for any Construction Trade ,S'ign. B. Construction Trade SiKns shall be allowed in zoninK districts shown in Section 824, Table of Permitted Signs. C. Residential Construction Trade Signs ¡"/¡all comply with the following: 1. Residential Construction Trade Signs shall only be allowed ill residential zoning districts. 2. Residential Construction Trade Signs s/¡allnot exceed six (6) square feet ill area. 3. Trade Con:;Lruction sign:; ma)' be approved Ht Ule di:;erctiofl of the Building Oftïcial to advertise the ....a;-ious eonstruction tmde.; on nny COltSiflletÎett-si-teo 3. Residential Construction Trade Sign.\· s'/¡allllot exceed three (3) feet in overall height. 4. The signs shall be placed Oil the property where building activity is taking place. 5. A Residential Construction Trade Sign shall not be illuminated. 6. The signs shall be removed within thirty (30) days following Ule issmUlcc of a Ceni!ïcate of OccuP'Ulcy. D. Non-residential Construc/ioll Trade Signs .ç/wll comply with the following: 1. Non-residential COllstruction Trade S'iKns shall ollly be allowed ill II 0 Il-re.\·idential zoning districts. 2. Non-residential Construction Trade siKns .\'hallllot exceed fljfy (50) square feet in area. 3. Trade Con:;truetÎen :;igns n~pprovcd at the discretion of the Buildinci Of!icialto advcrtise Ule ya;-ious con:;tructiotHfflees-etHttty-eeftStru c! i on si te. 3. Non-residential Cons/ruction Trade Signs shall not exceed tell (10) feet in overall height. 4. The signs shall be placed on the property where building activity is taking place. 5. A Non-residential Construction Trade Sign shall not be illuminated. 6. 111e signs shall be removed within thirty (30) days following Ule issuallce of a Certificate of Occupancy. Section 882. FLAGS Flags shall comply with the following additional regulations: A. A permit shall not be required for any Flag. ^ permit shall be required for a flag pole which exceeds twenty (20)/eet in height a/}(JI'e the Kroulld. B. United States and ~ State Flags shall he f)eftlttHetl allowed in all zoning districts. C. Cornp,UlY logo fUld ^ \'i!lnlt)'1e flags shall he f)ef'liHHetl allowed in all zoning districts except for AG, R-I, R-2, R-3, R- 4-D, R-l-S, R-6-T, and R-8 districts. D. CompéUlY logo ~ nags shall not exceed one hundred (100) squéU'e feet in area, éUld if tlown in conjunction WiUl United Slates éUld Texw; Flags, shall not exceed éU'ca of United States éUld Texas nags. Article 8 Sign Regulations Page 8-24 Zoning Regulations City of North Richland Hills, Texas E. Maximum Height - A tlag shall not be tlown at a height which exceeds ùle following: 1. Twenty (20) feet in ùle R-7-MF zoning district. 2. Fifteen (15) feet in the AG, R-I, R-2, R-3, R-4-D, R-I-S, R-6-T, and R-8 zoning districts. r. No permit ~~hall be required for Flnó:; '....hich comply with Ù1C:~C rcóulationc;. Section 884. WEEKEND ADVERTISING SIGNS8 The purpose of Weekend Advertising Signage is to assist ùle weeket\d motorin;; public by guiding ùlem to available residential properties in North Richland I-lills. A. Registration - A builder, developer, or Realtor must be registered with Ule BtttltHttg-Bfficiili City of North Rich/and Hills to be eligible to pm'ticipale Ht-tfiis as a weekend advertiser.. An HlI1lual fee of $50.00 mu:;t be paid by each builderlclc'/'cloper/l)',,,,ner wisfttltg-te-tttWeftise-tttttlerthe:;e proví:;ions. The annual fee shall be paid émd/or renewed during Ule month of January each year. B. Schedule - Signs shall be allowed between 12:00 p.m. Friday mId 12:00 p.m. Monday. A holiday falling on Friday or Monday will be considered as p:u't of ule weekend. C. Sign Size. Signs shall not exceed ~tt-y--fuur (~4) inehc:; by thi-rty (30) inche:; six (6) square feet in area si-æ, and shall not exceed three (3) fcct above grade. D. Spacing of Signs. tHfltni-lfttlftMtf-thirty on») feet :;lwl-l-be-held betwcct~. Signs for one advertiser shall be at least ~ two hundred (200) feet ap:u't. E. Sign Location· Individual sign locations shall adhere to ùle following criteria. 1. It shall be the responsibility of tlle builder, owner, or Realtor to secure permission of ùle adjacent property owner for placement of ùle signs on private property. This policy docs not grruH unlimited access and use of the City right-of- way. Violation:; of thi:; policy will be cause for conliscation of ùle si;;ns. Any sións which næ eonfisœted by the Code Enforcement Oflicer mny be rcclnimcd by ùle owner of such :;ión, but each si6n so conliscated will be subject to a redetltption fec of $5.no per :;ión. If sións rcmnin uHclaimed for a period of ùlirty da)'s, ùle City will dispose of such :;ión:; ItS may be appl'tt7riate. Cxce:;:;ive óeneral violation:; may require Ulat ùle policy 1:10 suspended for a period of time. The Builtlin;; Orticinl :;hall notify the City Council in ùle event ùlal ule su:;pension of ulis policy is pHt iRlO effect., -ifltItefttinó the cnu:;e:; and U1C period of the :;uspensien. All builders / owners aæ offcred the use of ulese provision cqunlly. In so doittg,-t-ke City ask:; thatthe-Ðuilder:;/owner:; Hid in IRHintainin6 a neat and orderly appearance throu;;hout all of NOflli-Riehlnnd I iiI 1:;. 1. No closer tlmn forty (40) feet to n :;treet inter:;cction or lRedian openinó· 2. Signs lRay be placed in 8ty street right-of-way, but no closer ÙléUl Ù1ree (3) feet from Ule edge of ùle sign to Ù1e street curb or edge of pavemcnt. Signs shall not encroach either U1C sidewalk or Ù1C street. 3. No sign shall bc placed in a visibility sight triangle as defined in ùlis Ordinrulcc. Ccnernlly, if a sign is dose to blockin;; metefist-vistb¡'H~et:tld be rell1e¥etl: 4. No si;;ns :~hnll be plneetl-toore-HmH-three-ftttles-ft'etH-the-sttbject property. 4. Signs shall not he located within a street median. , Currently, there are 110 regulatiolls to pro vide for apartmellts that illstall temporary week-elld sig1ls alollg thefront of their property to advertise vacancies alld amellities. Article 8 Sign Regulations Page 8-25 Zoning Regulations City of North Richland Hills, Texas G. Sign Construction and CJ·iteria - Signs shall be rigid, two dimensional displays timt advertise fleW residential property, "For Sale, Lease or Open House", guiding the motorist;; public to a specific location in Nortil Richland Hills. Section 886. Grand Opening Signage The purpose of Grand Opening Signage is intendcd to allow a new business, or a business which has substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually allowed by right by the Sign Regulations. Grand Opening Signage requires approval of a sign permit and is allowed in all zoning districts, except witilin the AG and UIC R-l, R-2, R-3, R-4-D, R-I-S, R-6-T, R-7-MF, R-8, and Ule U Districts. The following regulations conù'lÍned wiUlin t1lis subsection apply to Grand Opening S ignage. A. Upon tile issuance of a Ccrtificate of OCCUP'U1CY and within a 180 calendar day period tilereafter, a business shall automatically be entitled to utilize UIC Grand Opening Signage provision contained in Ule Subsection when one of tbe following conditions applies: 1. When tile Certificate of Occup,mcy has bccn issucd to a ncw business, which may not be of Ule srune business classification Iype listed in Section 310, Tablc of Land Uses, which existed previously for tile srune address location, unless Ule prior busincss has becn dosed for a thirty (30) day period, or longer, or 2. When a Ccrtiricate or Occup,mcy has been issucd 10 an existing business, which has remodeled and tile cost of tile renovation exceeds sixty (60) pcrcent of Ule currcnt valuc of UIC building, or lease-space, excluding Ule value of Ule lruld, according to thc most recently approvcd tax roll. D. Approval of a Grand Opcning Signagc pcrmit by thc Building Official is required and shall be valid for a period of tilirty (30) consecutive calendar days. The Grand Opcning Signage permit is limited to UIC address noted on tile Certifïcate of Occupancy and shall comply with thc following rcquircmcnts: 1. Grand Opening signage may include ,my combination of oversized banners, pennants, inllatable signs & balloons, searchlights, and a portable sign which may bc in addition to rulY oUler legal sign allowed by tbe provisions of Article 8, Sign Regulations, Ordinance 1874, w; cul1endcd. 2. A seru'chlight may be used w; Grand Opening Signage providcd it complies wit11 t1le provisions of Section 886 C of Ulis Article. 3. Banner signs may be used as Grand Opening Signage provided they comply WiUI t1le provisions of Section 878 of this Article. 4. Pennants may be used as Grand Opening Signage provided they comply WiUI Ule provisions of Section 886 E of this Article. 5. Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply the provisions of Section 886 D or this Article. 6. One Portable Sign may be used as Grand Opening Signage provided it complies wit11 Ule provisions of Section 870 of this Article. 7. Grand Opening signage shall be contained within Ule limits of the property of the legal business on which a Certificate of Occup,mcy has been issued and shall not extend into Ule City right-of-way. Signage shall not be located in allY sight visibility triangle nor shall ,my combustible materials be placed in contact WiUI illuminated signs or electrical Lïxturcs. 8. No permit fee shall be requircd for a Grand Opening Signage Permit. Article 8 Sign Regulations Page 8-26 Zoning Regulations City of North Richland Hills, Texas C. Searchlights - Searchlights shall be allowed only in conjunction WiÙl Ùle Grand Opening Signage provision containe in these regulations. A seéU'chlight may be used provided ùle following regulations are satisfied: 1. Any searchlight shall be located on private property of ùle premises and not on éUlY public right-of-way. The searchlight shall be positioned so as to project all beams vertically, but not less Ùlan a minimum angle of Ùlirty (30) degrees from grade level. 2. The maximum light intensity generated by se,u'chlights on ,my premises shall not exceed a total of one Ùlousand six hundred (1600) million foot cancllepower. No more ùlan four (4) beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent bewn rays of light from being directed at éUlY portion of ùle traveled ways or adjoining property. No light shall be of such intensity or brilliéUlce to cause glare to or impair ùle vision of Ùle driver of any vehicle. 4. No searchlight may be operated between the hours of 11:00 p.m. éUld 7:00 a.m. D. Int1~It:lhle Signs and B:llloons - Intlatable Signs and B,ùloons, including lighter-ùlan-air balloons connected wiÙl a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in these regulations. Intlatable Signs and B;ùloons may be used provided the following regulations are satislied: 1. Not more than one Inllalable Sign or Balloon shall be allowed on any premises. 2. Inllatable Signs and Balloons when placed on a building may not exceed twenty-live (25) feet in height above Ùle roof of the building and shall not obstJUct visibility neœss;u'y for safe tramc m,meuvering. 3. Intlatable Signs and Balloons when placed on the ground may not exceed twenty-live (25) feet in height above It ground level wId shall not obstruct visibility necess;u'y for s,ú'e traffic mWleuvering. 4. Intlatable Signs and Balloons shall maintain a set back from ,my side or rear property line a minimum disL:'mce equal to the height of the baJloon. 5. Intlatable Signs and Balloons shall maintain live (5) feet of cle;mlllce from any overhead electrical wire. 6. Intlatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner to wiÙlstand wind loads. E. Pennants. Pennants shall he ,ùlowed only in conjunction Wiùl ùle Grand Opening Signage provisions contained in these regulations. Pennants may be used provided ùle following regulations arc satisfied: I. All Pennants shall maintain atle,l~t fifteen (15) feet of clearance over any vehicle maneuvering area or fire léUle. 2. All Penmulls shall maintain five (5) feet of cIeru'anœ from any overhead electrical wire. 3. All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind loads. 4. Pennants shall not be allachcd to éUlY utility or tral1k contJOI device pole located within a right-of-way or project into a street right-or-way. Article 8 Sign Regulations Page 8-27 M ajar De".IDptM.,i Si 9'" Sica "" I ·'~"II ~ CITY OF NORTH RICHLAND HILLS Department: Planning and Im¡pections ~ Council Meeting Date: 2/13/95 ',,--,ubject: Public Hearina to consider the request of Tutor Time Child Care Center for a Agenda Number: Special Use Penn it for a Day Care Center on Lot 1, Block 3, Tapp Addition. (Located at 4655 Hilltop Drive) PZ 94-27 Ordinance No. 2032 Tutor Time Child Care Center has applied for a Special Use Penn it for a Day Care Center on a lot located at the northwest comer of Rufe Snow Drive and Hilltop Drive. The property is currently zoned 1-2 Medium Industrial, and a Special Use Penn it (SUP) is required for a Day Care Center in this zoning district. Presently, there is a shopping center located on the lot. Tutor Time is leasing a space in the shopping center. The applicant proposes to lease 10,000 square feet of the existing shopping center for the day care center. A fenced outdoor playground area is proposed at the northwest comer of the building. The existing fire lane around the building will be restriped to confonn with city ordinances. A letter ftom the applicant explaining his request is attached for your reference. The applicant is also requesting waivers of certain items in regards to the SUP application. The items include elevation drawings of the building; locations of all landscaping, lighting, and screening walls; locations of pennanent signs; indications of proposed land uses; and engineering drawings of utility improvements. The shopping center currently has five tenants occupying approximately 18,000 square feet, including a restaurant, a photography studio, and a nail salon. There is another child care center located on the property to the north on Browning Drive. The Planning and Zoning Commission conducted a Public Hearing and considered this item at its January 26, 1995 meeting and \ commenaed approval subject to a stockade fence being constructed around the playground area. --'" . 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 Source of Funds: Bonds (GO/Rev.) Operating Budget "_Other ~_ ~a.. ~~ De ent Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Avarlable Ci~ ~lty anager . FInance OIFeclor Page 1 of ORDINANCE NO. 2032 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER TWENTY FOR A DAY CARE CENTER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by authorizing Special Use Permit Number Twenty, by changing said Zoning Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Twenty be hereby authorized for a Day Care Center as set forth in Case Number PZ 94-27 on the property described as follows: . :deing Lot 1, Block 3, Tapp Addition, an Addition to the City of North Richland Hills, Texas, according to the plat recorded in Volume 388-179, Page 30, Plat Records, Tarrant County, Texas. This property is located at 4655 Hilltop Drive. 2. THAT, the development regulations contained in the 1-2 Medium Industrial zoning district of Ordinance 1874 shall govern development on said property, except where amended by this Ordinance. The regulations contained herein shall prevail over any inconsistencies with the regulations contained in Ordinance 1874. 3. THAT, the Day Care Center listed in Section 1 above shall comply also with the following: a. Location: The location of the Day Care Center within the building and the location of the playground shall be in accordance with the Site Plan attached as Exhibit A. b. Playground Screening: A permanent screening fence of stockade type construction be installed around the playground area as shown in the Site Plan attached as Exhibit A. 4. fHAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance 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 ofthe remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION TillS 26TH DAY OF JANUARY, 1995. ~ø~ Secretary. Planning and Zomng Commission PASSED AND APPROVED BY THE CITY COUNCIL TillS 13TH DAY OF FEBRUARY, 1995. Mayor City of North Richland Hills, Texas A TrEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2032 Page 2 ø (;) (J) {5 :::::¡ OJ m o ""U ~ ç: z ~ ~ r-::-/~' - - - - - - - - - ~ - - I 'I ;.,+;-~ I'/R£ LANE f:"/ R¿: J¡ "f~! ,.., "'Y' '\ I I ~ '" , ~ I I ~l ~' ~¡ I I~ ,¡ ~ I~ I I I I I I- I (' ::'I'::'¡ I, , ' . L'<f "'j'"' ~r- I" .',,':. ::~~ ~.' '" en",,,, .. .- I ..'., !': ,', ",'., :", - -- I. '" r'~..'/'~Dþ- I. ... I DJI l,:t'¡ I ~ r.J~ ¡ I : ,r----- í I,' ---- I : '\ I ¡,,'C r tl",¡ " 0---- i·" I I , ¡ i:J- r- ¡ '.,,) ....~ .,.'¡- I :'r-- ¡ " ~ ":':L I ' :c=JQ) I , I I I r,-C= ¡>+- (',L I : I I' :,r-- t:--:!--- ¡, '.:1--- L{-J)) I ... I I' ;~4 t... , í··~ ',. 1",:--- . '; \. ',f-- I ." '~~) !'l> 11 ''-:,¡ I ,ti,.. . L-" . t ...... o ...... u! \,' , " ,....._,~ \"::..,::',',", '---:¡ ~-,ri' , ~~--'/ . . C % C ~~ \ '" c ~~E ~~~ o i I :1 : --I ~ I I ~ :1 " I" I I~ I i~ ' f). l ~ I I I I I I I , ~1 I ! / I -.J I , ¡ , , " . ..' , . " (:___..;,~ L..__. " . . ..', . (' ::' '- :. ": ," .,' '; -.: ',: : :. ' "..- - '. " .' .' . . RUFE SNOW MVE , I ..L.' II !ID8~~ ~ HOOOBS ct. ASSOCIA1'eS anhU_w.n ~ .-.... -- - ..-- D[ : ... --<;¡-. ~ '. . I !: =- -- =- -- .... -- ~TOP 8OJN£ J ~ t'LlTOP CfWE N. AO-l.JJ'Ð K.LS. 'I'X PZ Minutes - Page 2 January 26, 1995 3. PS 94-60 Request of M&J Construction f property is located in the 7 eliminary Plat of Crestwood Estates, Phase III. This lock of Smithfield Road. Mr. Mark Long, 1615 cinct Line Road, Hurst, came forward to speak. He stated they have agreed to al ineering comments. He stated they are requesting a waiver of the offset of the reets. He stated both streets are one block long and there would probably be little tra . cutting across Smithfield Road. cer made the motion to approve PS 94-60 with the waiver of the offsetting streets. ZONING CASES 4. PZ 94-27 Public Hearing to consider the request of Tutor Time Child Care Center for a Special Use Permit for a Day Care Center on Lot 1, Block 3, Tapp Addition. This property is located at the northwest corner of Rufe Snow Drive and Hilltop Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Greg Plechus, 5212 Vicksburg Drive, Arlington, came forward to speak. He stated he would answer any questions the Commission might have. Chairman Brock asked if the telephone tower was fenced. Mr. Plechus stated yes. He stated they will be adding a secondary stockade fence around the playground area for added security. Mr. Baxter asked about the electrical equipment and meter boxes. Mr. Piech us stated the fence they build will provide full access to the tower and electrical equipment for servicing. Mr. Baxter asked Mr. Plechus if he had any objection to the Commission making the construction of the fence a requirement of approval. Mr. Plechus stated no. Chairman Brock stated the applicant is seeking a waiver on several items that were approved at the time the building was constructed. Mr. Bowen asked if a day care was common in a shopping center like this one. Mr. Piech us stated yes. He stated all their day care centers in the metro area are in lease spaces. Mr. Baxter stated his concern about children running into the parking lot between cars. He asked if it is possible to provide a pick-up area. Mr. Plechus stated all parking in front is head-in parking. He stated their drop-off and pick- up time is staggered through the day. He stated the amount of head-in parking available should eliminate any problems. Mr. Piech us stated they will occupy about half of the shopping center. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Baxter made the motion to approve PZ 94-27 subject to construction of the fence around the playground. The motion was seconded by Mr. Bowen. The motion carried 6-0. Zoning Case Review Fact Sheet Case No. PZ 94-27 Hearing Dates: PZ 1/26/95 CC 2/13/95 REQUEST: Special Use Penn it for a Day Care Center APPLICANT: Tutor Time Child Care Center, Arlington TX PROPERTY OWNER: ASG Hilltop Square, Ltd., Dallas TX SIZE AND LOCATION: 10,000 square foot lease space in the Hilltop Square shopping center. The center is located at the northwest comer of Rufe Snow Drive and Hilltop Drive. SITE CHARACTERISTICS: Existing shopping center PROPOSED USE: Day Care Center ALLOWED USE: Day Care Center allowed in 1-2 zoning district by SUP ADJACENT ZONING/LAND USES North South East West 1-2: existing pawn shop C-2: existing shopping center (Rich land Pointe Mall) C-1/C-2: existing shopping centers and restaurants 1-2: existing mini-warehouses DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within a 100-year or 500-year flood plain. THOROUGHFARE PLAN Primary access to this property is from Rufe Snow Drive, classified as a P6D Principal Arterial on the Master Thoroughfare Plan. A P6D requires 110 feet of right-of-way, and is a 6-lane divided roadway. Secondary access is provided from Hilltop Drive, classified as an R2U Residential street. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is consistent with the Plan. ZONING mSTORY This property was initially zoned AG Agriculture in 1967. During 1972, the zoning on this property and much of the property surrounding was changed to I Industrial. This is the area now considered the "industrial park" district. In 1984, the zoning designation changed to 1-2 Medium Industrial upon the approval of the revised zoning ordinance. TEXAS CHILD DEVELOPMENT, L. Zone Developer TuToR tiNE" c::::::I CHILD CARE - LEARNING CENTERS December 28, 1994 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Attention: Planning & Zoning Office Subject: Application for Special Use Permit for Day Care Center Hilltop Square Shopping Center 4655 Hilltop Drive Dear Sirs: Enclosed is our Application for a Special Use Permit for a Day Care Center at Hilltop Square Shopping Center, located at 4655 Hilltop Drive, and a check in the amount of $300.00 for the application fee. The following additional documentation is also provided: - Site Plan (scale 1" = 40') - Parking Requirement Calculation - Authorization Letter from Property Owner Hilltop Square Shopping Center is a modern center built in 1985. The Tutor Time Child Care Center will be located in 10,000 square feet of existing space in the center as shown on the site plan. A fenced playground of approximately 4,000 square feet will be located adjacent to the demised space. The playground will have soft mulch areas around the playground equipment to serve as a fall zone for the children. The fire lane around the center will be remarked as shown on the Site Plan. As the Hilltop Square Shopping Center is an existing building already approved by the city, we request a waiver from providing certain items as listed on page 2 of your SUP Application Form, specifically items (2), (3), (8), (9), (11), (12), & (13). Additional Supporting Documentation concerning Tutor Time has been provided on the attached page. We look forward to your favorable review of our SUP request. We plan to be in attendance at the P & Z meeting to respond to any questions you have. IY,~ GAP/mlf 3617-A Pioneer Parkway. Arlington, TX 76013 817/265-2244 (Metro) Fax: 817/861-9144 Independenfty owned and operated SUP Application Day Care Center Hilltop Square Shopping Center SUP PETITION SUPPORTING DOCUMENTATION Tutor Time has conducted an analysis of the need for child care in the city of North Richland Hills, and find that there is a shortage of quality child care facilities in this community. Tutor Time is a national franchisor of child care centers, in the business of setting up local residents as independent owners/operators. Each of our centers, therefore, become vital members of the community, employing approximately twenty five (25) employees. A typical Tutor Time Center is 10,000 square feet, accommodating approximately two hundred (200) children in accordance with the regulations of the certifying agencies. Tutor Time has over fifteen (15) years in the child care business, with their first center opening in 1989. Today, there are forty (40) operating centers nationwide. There are an additional forty nine (49) centers under construction. Each Tutor Time Child Care/Learning Center is a modern facility, equipped with an elaborate security system in which code entries and identification cards are necessary for parents to gain access. Each classroom is equipped with security cameras monitored from the office, and has viewing windows from the common corridors provided for additional observation by parents and center management. Each Tutor Time facility includes special features such as a "Tutor Towne" play village, a computer lab, a science area, a library, a room for music, dance, and drama, and an outdoor playground area. The center offers child care and educational services five days a week throughout the year to children between the ages of six weeks to five years. Before and after school programs are provided for children up to twelve years of age. Additional Features and Benefits of each Tutor Time Center are provided on the attached page. Feature Windows in Every Classroom Monitoring Cameras Bathroom in Each Classroom Safe N Sound Security System Self- Contained Infant, Toddler and Twaddler Classrooms Gates and Fences Staff Background Checks Well Designed Learning Centers Changing Tables Safe Playgrounds 1.0. Badges Benefit No hidden areas. Tutor Time's open door policy allows parents to observe any time. Constant observation for parents and owner / operators. The children don't have to leave the classroom. Security at the entrances and software to control ratios and attendance and to prevent strangers from entering. The teachers have no reason to leave the classroom. A child can never disappear from thf. ~ property. All members of staff must undergo a thorough background investigation. Self contained learnilJg centers for control. Sinks in art areas to prevent wandering. Built - in changing areas with handwashing sink adjacent to provide safe, efficient diaper changing procedures. The finest commercial playground equipment is used at Tutor Time centers. Six inches of mulch are used to create a soft and pliable surface. Everyone from the janitor to the cook must wear a uniform and an 1.0. badge. Even visitors are issued a visitor's pass. ASG R£Al £ST A T£ COMPANY 9220 Skillman Street, Suite 201 Dallas, Texas 75243 Telephone: 214/342-1122 Fax: 214/342-1121 December 28, 1994 City of North Rich1and Hills 7301 N.E. Loop 820 North Rich1and Hills, Texas 76180 Re: Hilltop Square Shopping Center 6455 Hilltop North Richland Hills, Texas Dear Sirs/Madam: As owner of the above-referenced property, I hereby authorize Greg Plechus to represent ASG Hilltop Square, Ltd. in the application and request for a special use permit to allow Tutor Time Child Care Systems, Inc. to operate a child care facility at our location, the address of which being referenced above. ASG HILLTOP SQUARE, LTD., a Texas limited partnership By: ASG Real Estate Company, a Texas corporation, General Partner ....... By: A. A. Sbaiti, Vice to? AAS/pab CITY OF NORTH RICHLANO HillS I APPLICATION FOR A SPECIAL USE PERMIT 7301 N,E, lOOP 820 NORTH RICHLAND HillS. TEXAS Please print all responses 76180 817-581-5508 -,,, PART 1. APPLICANT INFORMATION NAME OF APPLICANT I AGENT: GRE'/i¡ PLecH£lS TbíOR. 7iMé C Hll..p CARt: /LEARN/Nt; CENrERS - 'Ã~€Nr STREET ADDRESS OF APPLICANT: %17-A W. P/O¡J£E'R. PARKWAY CITY I STATE I ZIP OF APPLICANT: TELEPHONE NUMBER OF APPLICANT: ARL/N(!¡ítJ" I IX 7~013 -'15"01./ (817) 2~ 5 -22'1-'1- PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY OWNER: (A.A.S6A/7/) ASq II ILL-rOP s¡;pvIJÆE I t:rlJ STREET ADDRESS OF PROPERTY OWNER: q2.2O SK/L¿H/AIÝ ST£éE/~ St.//rE 2£;/ CITY I STATE I ZIP OF PROPERTY OWNER: TELEPHONE NUMBER OF PROPERTY OWNER: lJ/Ji-L/)SJ IX. 7S"2~3 (Z/4) 5'12.-1/:22. Æ\HRJ~ LEGAL DESCRIPTION OF PROPERTY WHERE SPECIAL USE ÆRMIT IS BEING REQUESTED: ,tl. ~~CFJ_VED ~ Lor 1 ) ßLocK :3 ð~ 7ÃPP ADo/rION STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REQUESTED: - UL" L " ;:S::l't VI 1.f/¡)5"5' HILLíOP ])RlvE '1~A _RJ NO¡¿ílf ,0CHLA-Þ/l> I-I/LL5. 7êxAS PART 3. DESCRIPTION OF REQUEST ~G&~ CURRENT ZONING CLASSIFICATION: IZ PROPOSED USE OF PROPERTY: PAY t!A~é CI!?I'ITE'R., ~ ADDITIONAL COMMENTS: 5££ Å 7/ÆCH£Þ LE:rTe"R. ATTACH SIr;..::; PER SPECIFICATIONS ON REVERSE SIDE OF THIS FORM: ATTACH AFFIDAVIT FROM PROPERTY OWNER IF APPLICANT IS NOT OWNER: YES c::J NO ~ YES CJ NO I hereby certify that the foregoing information is correct to the best of my knowledge. DATE: 27 PéCéM8EI< /999 ~~~ Your Name (printed) GRéq Pt..E(!,HUS ~i""1::1tl ~rw ~u_ PART 4. OFFICE USE ONLY P & Z PUBUC HEARING DATE: TAXES PAID? CASE NUMBER: DYES DNo CITY COUNCIL HEARING DA TE: LIENS PAID? DYES DNo FEE $300.00 SPECIAL USE PERMIT APROVED: ASSESSMENTS PAID? CJ YES c::J NO OAD, NO, DYES DNO Thl oppIicltion w~1 not be ocn.cåJled Ia' public ....-ing un" Ihe oppIicllion Conditions of Approvat I.. ÎI r"";wd, SPECIAL USE PERMIT Pogo 1 01 2 CD-414 (4-93) w I, UI ",W ,. n ..-1, :L ~ ..-1, \) ~ U)\t\ \) :;; '>'> cO ;: CD \:D7' :c CP<'.,..... 0 \D\t\"Z. ::e: N-<'G) \-\ z w .... ~N -z. Z ø 0 :;; ,. I 0 n :c I: ,. N ,~;g¡W :;; .t:.. - N ;" W W'" .. ~ '"' ~.::O !i~O' ~ " .. ; ;D N ~ :- ... Q ;D N >- ;: n ~ ~ ~ ëõ ,. n 7 \\ c... U)~<. ~ :;; '>'> c,>,> ~ \:D"Z. -<. \SI \t\ CP rgg CP -<. c CP :D ~rgg ~ I.w '" UI .. I;: ;:J . ...,W : \O~ 1>- <DN >-- UI;:J " n I'iu ,. " I~ n '" n . ~:.:~ .. " c u Ul :;; ~ W ..., ;:J N I ;:J N I ;:J :;; W ~4'O ;D KILMER OR " ð " o UI -z. -:E. 3: rn ð \\\ o \-\ ::e: G) ~ \I.D ~ ~ ~ U) o 0 :c -z. o '":D ..-1,(D :L::D "', r rn ::e: .... tn 0 ~ :c .t:.. -, ..., w .. "N UI JD ~ ~ '" ... --_..¡. Q ~' '" ~ MEADOW OAK DR ~ 01 -. .. ;:J ~ ;:J <D ;:J N , 20R 7 ~(:.; 25R N ..., 26R w w . Q .. ." ;:J ;:J : 7R lR ~ :;; ..., . 6R1R I ;:J ;:J ,~oo ~ \\ ~ '>'>~~ \ :D'>'> - <., en \t\, o -<."»' en (.> \t\ Industrial Park Addition BI.6 Lot 1 R-1 A2 Lot 1 R2 Lot 1 R-1 B Lot 2 Lot 3 R T app Addition BI. 3 Lot 2 B I. 1 Lot 1 R Lot 2 R Snow Heights North Addition B I. 6 Lot 1 B I. 1 0 Lot 1 Lot 4R2 List of Property Owners Notified Case No. PZ 94-27 Tutor Time Child Care Center First American Capitol Corp Childrens World Learning Center NL Rubin Dennis Wells Sitzmark Inc. Cary Vollintine Central Life Assurance Co BCLlP % Patrick Gomez Enno Springmann Kolander Properties Christian Nielsen PO Box 29046 Phoeniz AZ 85038-9046 573 Park Point Drive Golden CO 80401-9367 4412 Overton Crest Street Ft Worth 76109-2521 3131 Turtle Creek Blvd #213 Dallas 75219-5431 PO Box 122567 Ft Worth 76121-2567 Pacific Center II #508 Dallas 75240 6500 West Freeway #900 Ft Worth 76116 7600 W 11 Oth Street Shawnee Mission KS 66210 2755 Valley View Lane #111 Dallas 75234-4968 2201 Plantation Lane Piano 75093-4222 301 NE Loop 820 #109 Hurst 76053-7244 CITY OF NORTH RICHLAND HILLS Department: Plannini and In&pections --.::.... Council Meeting Date: 2/13/95 "--.:,1.1 b j ec t: Public Hearing to consider the reqµest of Mark Hagood for a Special Use PennitAgenda Number: for a Machine Shop on Lot 5, Block 1, North Edgley Addition. (Located at 4243 Road to the Mall) PZ 95-02 Ordinance No. 2034 Mr. Mark Hagood is involved with two businesses located in Richland Hills. One of the businesses is U.S. Diesel, which is an auto parts sales and service business specializing in fuel injection systems. He is relocating this business to 4243 Road to the Mall. He has applied for a Certificate of Occupancy for this business, and will be moving into the building within the next few weeks. A Special Use Penn it is not required for this portion of his business. The second business is Metro Fuel, a machine shop operation which specializes in rebuilding diesel fuel injection pumps. Within the next few years, Mr. Hagood intends to relocate the Metro Fuel business to 4243 Road to the Mall, and occupy the remaining half of this existing building. Currently, The Bass House, a sporting goods store, occupies this half of the building. Mr. Hagood has applied for a Special Use Pennit to operate the Machine Shop at this location and, if approved, will relocate Metro Fuel within the next few years. The property is zoned C-2 Commercial, and a Special Use Penn it is required for the machine shop activity. A letter trom the applicant is attached explaining the request. Mr. Hagood owns the entire building, and will move both sales and service operations into the building when The Bass House's lease expires or is not renewed. The applicant has indicated that the half of the building occupied by The Bass House will everrtually be used for full service of diesel fuel injection systems. The property to the west of the site under consideration is zoned R-2 Single Family Residential. The existing residences are part of the H. W. Kelley subdivision. A Special Use Pennit is required for this activity. "'ince this is a Special Use Penn it request, the City Council may affIx conditions associated with the operation such as screening and "'- .iffer zones; mitigation of noise, fumes, odors, etc.; outside storage and display; exterior lighting; and accessory buildings. The Special Use Penn it will be applicable to Lot 5, Block 1, North Edgley Addition, since there is an existing building located on the lot. The Planning and Zoning Commission will consider this item at its February 9, 1995 meeting. The recommendation of the Commission will be faxed to the City Council on Friday, February 10th. Finance Review Acct. Number Sufficient Funds Available menl Head Slgneture ~c~anager CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GO/Rev.) Operating Budget ',- Othe , FInance Director PaQe 1 of ORDINANCE NO. 2034 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER TWENTY-ONE FOR A MACHINE SHOP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by authorizing Special Use Penn it Number Twenty-One, by changing said Zoning Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Pennit Number Twenty-One be hereby authorized for a Machine Shop as set forth in Case Number PZ 95-02 on the property described as follows: -deing Lot 5, Block 1, North Edgley Addition, an Addition to the City of North Richland Hills, Texas, according to the plat recorded in Volume 388-172, Page 26, Plat Records, Tarrant County, Texas. This property is located at 4243 Road to the Mall. 2. THAT, the development regulations contained in the C-2 Commercial zoning district of Ordinance 1874 shall govern development on said property, except where amended by this Ordinance. The regulations contained herein shall prevail over any inconsistencies with the regulations contained in Ordinance 1874. 3. THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the tenns of this Special Use Penn it, shall remain in full force and effect regarding this property. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of )mpetentjurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, -sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION TIDS 9TH DAY OF FEBRUARY, 1995 Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL TIDS 13TH DAY OF FEBRUARY, 1995. Mayor City of North Richland Hills, Texa5~ A TrEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2034 Page 2 CAll TO ORDER ROll CAll MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS January 26, 1995 - 7:30 p.m. The meeting was called to order by Chairman James Brock at 7:30 p.m. PRESENT Chairman Members James Brock Don Bowen Victor Baxter Paul Miller Ron Lueck Jill Spicer Steve Pence Clayton Hus Gregory A gton David B leld Richa Building Official Planner Plans Examiner ABSENT CONSIDERATION OF MINUTES OF DECEMBER 22,1994 Ms. Spicer made the by Mr. Miller. The absence at the pr LATS AND SUBDIVISIONS 1. PS 94-59 2. PZ 94-25 Ion to approve the minutes as presented. The motion was seconded tion carried 4-0, with Mr. Lueck and Mr. Brock abstaining due to us meeting. f Thomas Wright for Preliminary Plat of Hilltop Acres Addition, Phase II. This is located in the 7900 block of Green Valley Drive. . Mark Long, 1615 Precinct Line Road, Hurst, came forward to speak. He stated they ave agreed to all engineering comments. Mr. Lueck made the motion to approve PS 94-59. Mr. Baxter offered an amendment to the motion to restrict access to Lot 4, Block 1 from the side street. Mr. Lueck accepted the amendment to the motion. The amended motion was seconded by xt r . . Public Hearing to consider the request of M&J Construction to rezone Tracts 1 C, 1 C1, and 1C2, W.D. Barnes Survey, Abstract 146, from AG Agriculture to R-2 Single Family Residential. This property is located in the 7600 block of Smithfield Road. Chairman Brock opened 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 94-25. The motion was seconded by Ms. Spicer. The motion carried 6-0. Zoning Case Review Fact Sheet Case No. PZ 95-02 Hearing Dates: PZ 2/09/95 -- CC 2/13/95 REQUEST: Special Use Penn it for a Fuel Injection Service and Sales Shop APPLICANT: Mark Hagood, U.S. Diesel, Richland Hills, TX PROPERTY OWNER: same SIZE AND LOCATION: Approximately 31,200 square feet located on the west side of Road to the Mall, generally behind Blockbuster Video and Service Merchandise. SITE CHARACTERISTICS: Existing commercial building with concrete parking lot. PROPOSED USE: Fuel Injection Service and Sales Shop ALLOWED USE: Automobile and Truck Repair allowed in C-2 district with Special Use Pennit when the property is located within 200-feet of a residentially zoned area. ADJACENT ZONING/LAND USES North C-2: vacant commercial property South C-2: existing office building (Texas Dept. of Human Services) East C-2: existing commercial buildings (Blockbuster Video and Service Merchandise) West R-2: existing single family residences (H.W. Kelley Estates) DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within a 100-year or 500-year flood plain. THOROUGHFARE PLAN Primary access to this property is from Road to the Mall, classified as an R2U Residential Street. An R2U street is an undivided roadway requiring 50 feet of right-of-way. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is consistent with the Plan. ZONING mSTORY This property was initially zoned C Commercial in 1967. In 1984, the designation was changed to C-2 Commercial. Records indicate that there have been no zoning change requests on this property within the last ten years. 1-19-95 City of North Richland Hills 7301 N.E.Loop 820 North Richland Hills Tx 76180 PH 817/581-5508 Attn: Clayton Husband USDiesel is planning to move our business into 4243 Unit A Edison Dr. space. We plan to utilize this space as is. The Bass House retailer has a 5 year lease and will not move until that lease is expired and or not renewed. When this space becomes available we are planning to move our full service of diesel fuel injection to this property using unit B. At this time we will not need to modify the inside space for our fuel injection services. The nature of our business is to do component repair not full vehicular repair. We do offer trouble shooting services for our customers. We normally travel to the equipment or vehicle for this service. We also service diesel and gas fuel injection equipment. This type service is also performed inside our facility. I believe this letter will better explain what our business is and how we function. I have included literature showing what our services are and the products we market. The fuel injection service business has now been in operation for 18 years. We feel it will help serve the City of North Richland Hills, its many residents, and businesses by locating in this new facility. We hope you will see the need for our services and approve our application for a special use permit. Kind regards, 7Yl us DlESELlNC. 7452 Dogwood Pk, Ft. Worth, TX 76118 1-800-328-0037 817-590-2692 FAX 817-590-0029 30 11 J ::> 10 ::> TA.9V " .,. G 3.05 Ac 9 F 8 E 3 ---¡¡¡5ô) ,. NO, ~L-~ fÜ ~SRR · SON 1 A ' fJ1S ~£L- lJS ~ ~ C B 4 A 3 '=' '" \t1 'v o '7 :\~ /( ~1J 1 1A 7.8789 AC 1~ CAL-L- . )37 c. -ÃC AI\C/I NFO ""'C" L OT. JiA TCR LI HE - SEE 'Cr 78420 Pag e: B9 ~ = l ~ ~ ~ 0 :; S ::: ~ 0 -;: " - n 0 r--..... " ;: 0 ., ~ .. > I ~ ~ , ~ :; l~ CUMMINCS OR. 1<0 i i I ~I ~ i " !, I ..--, NOR H RICHLAND HILLS CITY LIMITS 'So ~11J I I 1- ~ I Ö - ~~ ~l~ ~~ I ~ I , r i ." ,. ¡; d ¡¡ '" ~ 01 ~ 8 () c ~ ~ ~ % tj,~ I ¡¡ () ~ '" ~ I ~ ~ 'C: ~ 0 ! c:> ~ - ) ~"' 7" II:: f. .L.. ... -¡ I, ~ C" I ~ ::: ~ t"- - ::0: I .., " n '" I .., I ;¡ .., ...I. C" "1 £Y OR. ;; Q. z -I I ~ -, 0 ~ ' ~ ... .. > ~ " .... .. '"' ""I ': ... :c .... n .. ... :c ... n > ::t ... Z ... 0 > " z .., :c 0 ¡¡ .. ... :: ~ ... .. ... C" l§ ... ~ . " ~ - , . =d" ,... () ! ~ (1 ... ë ~ ~v:> CAClI ST. 0 ~ 3 ~ ~ n <:'> ~ 'Ó % I ~ ~ ...I. ~, ~ , . A ~ APPLICATION FOR A SPECIAL USE PERMIT crrY OF NORTH RICHLANO HILLS 7301 N,E, LOOP 820 NORTH RICHLAND HILLS. TEXAS 76180 817-581-5508 Please print all responses PART 1. APPLICANT INFORMATION NAME OF APPLICANT I AGENT: U.S. Diesel, Inc. STREET ADDRESS OF APPLICANT: 7452 Do wood Park CITY I STA TE I ZIP OF APPUCANT: 6204 Hi h Gate Ct CITY I STATE I ZIP OF PROPERTY OWNER: Ft. Worth, TX 76118 PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY ONNER: Edward M. Ha ood STREET ADDRESS OF PROPERTY OWNER: Colle ville TX 76034 817/329-4950 LEGAL DESCRIPTION OF PROPERTY WHERE SPECIAL USE ÆRMIT IS BEING REQUESTED: Lot 5, Block 1, North Edgley Addition North Richland Hills STREET ADDRESS AT LooA TION WHERE SPECIAL USE PERMIT IS BEING REOUESTED: 4243A Edison Drive PART 3. DESCRIPTION OF REQUEST CURRENT ZONING CLASSIFICATION: C...1- PROPOSED USE OF PROPERTY: Diesel & Gas Fuel In'ection Sales & Service ADDITIONAL COMM~T$:. " . Vlesel tuel lnjectlon parts sales, diesel & gas fuel iniection equipment sales & service, parts cleaning equipment sales & service; special tool sales and electronic fuel injection sale & service. ATTACH SITE PLAN ÆR SPECIFICATIONS ON REVERSE SIDE OF THIS FORM: ATTACH AFFIDAVIT FROM PROPERTY OWNER IF APPLICANT IS NOT OWNER: CJ YES DO NO DYES ~ NO CfTY COUNCIL HEARING DA TE: LIENS PAID? DYES DNO I hereby certify that the foregoing information is co"ect to the best of my knowledge. DATE: 1-19-95 Your Name (printed) Edward N. Hagood Signature PART 4. OFFICE USE ONLY P & Z PUBUC HEARING DATE: TAXES PAID? DYES DNo FEE SPECIAL USE PERMIT APROVED: DYES D NO OAD. NO, ASSESSMENTS PAID? DYES DNo Thia application wil nol be achec*llad fer public hawing ...'1 the application f.. ia rec:aiYad, Ccndilions 01 Approvat SPECIAL USE PERMIT Page 1 of 2 CD-414 (4-93) H.W. Kelley Estates Lot 3 1 Lot 32 Lot 33 Lot 34 Lot 35 Lot 36 Lot 37 Lot 38 North Edgley Addition BI. 1 Lot 4R Lot 6R Lot 7 Richland Terrace B I. 1 Lot 3 Edison Jewelers Addition B I. A Lot 1 _N.W. Wallace Survey Abstract 1606 Tract 9V List of Property Owners Notified Case No. PZ 95-02 U.S. Diesel Kenneth McCallister J.A. Pannell Ralph Cook Edward Stickney Eddie Lee Sanderson William Carey J.5. Key Jon F. Hodgson 4328 Ken Michael Court N RH 76180-8260 4324 Ken Michael Court N RH 76180-8260 4320 Ken Michael Court N RH 76180-8260 4316 Ken Michael Court NRH 76180-8260 4312 Ken Michael Court NRH 76180-8260 3128 Bonnie Brae Street FW 76111-5213 2007 Taylor Court Flower Mound 75028-1065 4300 Ken Michael Court NRH 76180-8260 Danny Mobley Amstar Properties Amstar Properties 3095 Lamar Ave #224 Paris 75460-5001 1050 17th Street #1220 Denver CO 80265 1050 17th Street #1220 Denver CO 80265 Dubbers-Albrecht 2727 Paces Ferry Rd NW Atlanta GA 30339 NRSC Inc. % Koll Mgmnt. Svcs. 8411 Preston Road #700 Dallas 75225-5519 Amstar Properties 8101 E Properties Ltd Englewood CO 80111 IJ.' - ~ ~ - Q 0 ~ .J ~ W U1 ~ w - CI) c ..J w c..:> 5: -I @ kI w ~ w (I) en w :J oð - C:æ: en II .~ w t::~ --.J 0 I « a: tJ)>.gCf) en ~ ~ «.... 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Lucas non-clogging fuel injectors... the innovative design, comprehensive coverage JOd competitive pricing you've come to expect from Lucas Automotive. , Spring Coil Assembly Spacer A New 1989 Lucas Gasoline Fuel Injectors & Oxygen Sensors Catalog covering more than 90% of domestic and Import vehicles Is now available. .... =~ -fila- I2t-t tf<¿ ~ Lucas k' .___,,~~_____~...__. _.__.___.__._..________.,__~_.__~_~____'___N_"..._~" ... N®RTH RICHLANlj H ILL S rll1,,I1!ng '" 11)6p&c:lton Ge'VI(;A$ Memo to: City Council From: Barry LeBaron, AICP Planning and Inspections Director Date; February 10,1995 Subject: PZ 95-02 Request of Mark Hagood for Special Use Permit The Planning and Zoning Commission considered this request at its February 9, 1995 meeting and :~comrnended approval. RECOMMENDATION: it is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. ~ ì:w1 r~E L(,op 820 PO Búx 82Cie.o9 North Ricr.lalld HIII$, 'fexf.$ 76182-0608 usr, ¡ð1i') !.>ð1-!,!.>14 FAX (all) 6l;6'750:~ .' CITY OF NORTH RICHLAND HILLS Subject: Public Works Revisions to Public Works Design Manual- Re~ollltion No 95-11 Council Meeting Date: 2/13/95 \ Jepartment: '-- Agenda Number: GN 95-26 The existing manual was adopted by Resolution No. 89-17 on March 18, 1989. The 1994 revision to the Subdivision Ordinance has dictated some revisions be made to the Design Manual. The proposed revisions to the manual were circulated to you by Informal Report (IR 95-07) earlier this month. A notice was mailed to numerous engineers and developers operating in North Richland Hills, advising them of the proposed revisions and informed them that they could receive a copy upon request. Seven copies have been distributed and there have been no comments returned to the Public Works Department" The major changes are noted in a list as part of IR 95-07 which is attached. Rp-commp.nci~tion: It is recommended Council approve Resolution No. 95-11. '",--- Finance Review Acct. Number Sufficient Funds Available (ß~ ignature City Manager CITY COUNCIL ACTION ITEM Page 1 of Finance Director RESOLUTION NO. 95-11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: WHEREAS, the City Council of the City of North Rich1and Hills and its staff desire to establish minimum design criteria for all public works and utility improvements proposed to be installed; and WHEREAS, the City Council has a Subidivision Ordinance which references a "Design Manual" for said public works and utility improvements; and WHEREAS, revisions have been made to the Design Manual. NOW, THEREFORE, be it resolved that Resolution No. 89-17 is hereby recinded and that the attached Public Works Design Manual shall be approved by passage of this Resolution and this Resolution shall take effect from and after its passage. PASSED AND APPROVED, this the 13th day of February, 1995. APPROVED: Tommy Brown, Mayor ATIEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-07 + Date: January 17, 1995 Subject: PUBLIC WORKS DESIGN MANUAL; Revisions . - A copy of the proposed Public Works Design Manual is attached for your review. The existing manual was adopted by resolution on March 18, 1989. There are policies and standards which have changed in the last five years. The Design Manual has been modified to make it more reflective of the City's current policies regarding the design and construction of public improvements. The Subdivision Regulations were revised in 1994. These revisions have also dictated revisions to the Design Manual. The changes to the manual have been marked to make it easier for noting the differences from the current regulations. In addition, there is a genera1listing of the modifications and the section where the changes are located. A notice was mailed to numerous engineers and developers operating in North Rich1and Hills, advising them of the pending revisions and offering a free copy to those who were interested. Several firms have obtained a copy of the proposed manual. There have been no major concerns expressed to date. Respectfully submitted, ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND mLLS, TEXAS PUBLIC WORKS DESIGN MANUAL List of Changes . . Section Reference 1-01; A,I,g Stationing for vertical curves. 1-01; A, 5 Time limitation for approved plans. 1-02; A,1 Separate easements required for water lines adjacent to TxDOT or County roads. 1-02; A,3 Disallow 4" water lines in cul-de-sacs. 1-02; A, 6 Require water line profiles to extend 300' from subdivision. 1-02; A, 7 Minimum horizontal seperation between water and storm drain. 1-02; A, 8 Minimum easement width for water. 1-03; A, 5 Minimum easement width for santiary sewer. 1-03; A, 6 Population and quantity estimates for sewer design. 1-03; B, 1 Maximum depth of sewers; require parallel sewers. 1-03; B, 4 Require internal drop manholes. 1-03; B, 6 Require sampling ports. (4' MH) 1-03; B, 7 Require curb profile with sewer. 1-03; B, 8 Separate easements required for sanitary sewers adjacent to TxDOT or County roads. 1-03; B, 9 Minimum horizontal seperation between sanitary sewer and storm drain. 1-04; B,4 Added a table summarizing the Standard Pavement Widths. Section Reference 1-04; B, 6 Require street in center of ROW with positive slope on parkways. 1-04; B, 10 Streets to intersect at right angles. . . 1-04; D (previous) Removed section on City participation in street improvements. This section is now in the Subdivision Ordinance. 1-04; D, 1, e Circular residential driveways at intersections. 1-04; D, 3 Driveways across bar ditches. 1-05; A Reduce required drainage easement width to channel plus 25'. 1-05; B, 9 Minimum storm drain radius and minimum pipe size. Added coefficients to be used for head10ss calculations. 1-05; B, 12 Commerciallot grading. 1-05; C Preliminary Drainage Analysis 1-05; D Drainage Study Guidelines 1-07; C Plan approval for masonry screening walls. 1-08 Earthwork Appendix Added numerous details on drainage facilities. i '- CITY OF NORTH RICHLAND HILLS )epartment: Public Works "--.' Approve Reallocating Revenue Bond Funds from Subject: Tnrlm:tri~l StTPet~ TTtiHty Arljll~tment't Council Meeting Date: 2/13/95 Agenda Number: GN 95-27 The funding for this project was set up on January 9, 1989 in ON 89-04 as part of a revenue bond sale. The $198,000 budget was to cover any water or sanitary sewer adjustment costs associated with the extension of Industrial Park Boulevard, between Browning Drive and Loop 820, Browning Boulevard from Wuliger Way to Haltom City, or Industrial Park Boulevard from Tecno1 Boulevard to Holiday Lane. These street extensions are now complete and no funds were needed for utility adjustments. It is the staffs opinion the $198,000 can be reallocated to the Unspecified Utility CIP Fund Balance Reallocate funds as indicated below: From: Industrial Streets Utility Adjustments 02-89-03-6000 $198,000 To: Unspecified Utility CIP Fund Balance $198,000 Rp:c.nmmp.nct::!tion : ',,-- It is recommended Council consider reallocation of funds as shown above and authorize the close out of this project budget. Finance Review I Head Signature CITY COUNCIL ACTION ITEM , Source of Funds: Bonds (GO/Rev.) Operating Budget _ , )t r ',-- FllUlnce Director Page 1 of / '--;;:-' - ~ CITY OF NORTH RICHLAND HILLS Department: . bject: - Finance Proposed Utility Revenue Bond Refunding & of $2,000,000 in NeW Debt . . . 1/9/89 Council Meeting Date: Issuance A d N b GN 89-04 gen a urn er: An analysis has been made of the capital improvement requirernen1;.s for the water and sewer systems for the ensuing three year period, and it has 'been found that a $2,000,000 bond sale is needed to continue nOOernization and expansion of these systems. A...surrmary of projects to be funded is attached (Table I) . , In conjunction with the study described aJ:ove, a review has been conducted for the Utility Enterprise Fund to consider the possibility of refunding all existing debt, as well as the rate structure needed to support the aJ:ove i terns. Refunding of existing debt is done whenever there are financial advantages to the City and its ratepayers, such as interest cost savings and/or other benefits. In our present situation, there would be no interest cost savings as a result of refunding, but existing outdated and excessive debt coverage requirements can be rncx:1ernized and reduced, which will result in lower water costs to the ratepayers. The options available for the consideration of City Council are as follows: 1. Do not refund existing debt and issue $2,000,000 additional debt and maintain present coverage requirement of 1.3· time the rraximurn new debt service. . Advantages a. OUr coverage requirement is adequate to support existing debt plus the additional debt. b. Total long term interest costs will be less (in the years ------ 2007 and 2008). Disadvantages a. Perpetuates the present covenants which will require additional rate increases in fiscal year 1990/91. b. Will increase debt service requirements by approximately $210,000. c. Coverage requirements becomes $2,300,000 X 1.3 = $2,990,000. Present requirements is $2,550,000. 2. Refunding of all of the outstanding revenue bond debt plus the sale of an additional $2,000,000 new lTOn9Y for future projects. Finance Review ~ Source of Funds: Bonds (GO/Rev.) Operating Budget )th~ _ ~f:'- .... _ rT'" Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number N/A sufficient~s Avai lable ~~ !fY . VC~ City Manager . Finance Oueclor Page 1 of 2 .J!t.ln-. - ,ør ' /.:, / /, ,~ , I :!I "....... ~ Page ~ Advantages ~ a. Allows modification of existing revenue bond covenants that will conform our covenants to current industry standards. Under present covenants, in the future event that net revenues were not sufficient to maintain 1..3 coverage at the end of any fiscal year, the City would not· be able to sell bonds. Under the new covenants to be included in the refunding package, projections could be made based on present and proposed rates, tmder which the projected revenues could show the coverage requirerœnt and allow the flexibility for the City to œ able to sell new debt based on those projections. b. A refunding will allow the City to sell $2,000,000 in new m::mey debt at an overall increase of approximately $83,000 as opposed an to annual cost increase of approximately $210,000 without a refunding. c. Covenant requirement of 1.3 tbœs the maximum debt year ~uld be reduced to the industry standard of 1.25 tÌIœs the average debt year. This will decrease our revenue coverage test by approximately $740,000. d. If projected expenditure are as anticipated, reduced coverage requirements as a result of a refunding would preclude the necessity to increase rates in fiscal year 1990/91 as presently projected in our canprehensive rate study. Disadvantages a. Extends debt obligations for 2 additional years (years 2007 and 2008). The additional cost of the extension of the debt would be approximately $2,100,000 in additional interest which will occur in years 2007 and 2008. However, the present value cost of the $2,100,000 is approximately $18,000. b. All illustrations are predicated on interest rate levels at this point in tÌIœ. No assurance can be made that rates will not escalate or decline. OUr Fiscal Agent, Rate Consultants, and our Auditors have reviewed the potential refunding and concur with the staff and the consultants that the refunding is in the œst interest of the City. Recœrnendation: It is reccmrended that the City Cotmcil author:"ze the sale of $2,000,000 in new utility revenue bond and the reftmding of existing revenue bond debt, as descri1::ed above, to be handled in conjtmction with the $5,000,000 in general obligation bond sales as previously approved by the City Cotmcil. ~ I CITY OF NORTH RICHLAND HILLS i ''"- TABLE I CITY OF NORTH RIæI.AND HILLS . .. 1989 to 1991 Revenue Bond Projects ,.., , . 1. Misc. Replacexœnt Fire Hydrant $ 168,000 2. Utility Adjustments in Industrial Street Projects 198,000 3. Smithfield Road 163,000 4. Calloway Branch I 24" Sewer 84,000 5. Calloway Branch II 21" Sewer 163,560 6. Misc. Water Line Replacement 600,000 7. Precinct Line ~later & Sewer 873,600 " 8. Watauga Road - Sewer 307,120 Total $2,557,250 Water v!ells - Golf Course $ 425,000 Davis Blvd. Utility Relocation 150,000 Subtotal $3,132,280 Less amount funded from Operations $< 425,000>' Am::>unt funded fran Unspecified < 707,250> Proposed Bond Sales $2,000,000 c ~. ~ Revenue Bond Projects 1989-1991 Several water and sewer projects plarmed for the next three (3) years are necessary due to the construction or reconstruction of a proposed road project. These projects are listed below with a short description and estimated cost. 1. Davis Boulevard (FM 1938) from Erœrald Hills Way to Rumfield Road will be reconstructed by the Texas Department of Highways and Public Transportation ('IDH&Pl') beginning in 1989. All City water and sewer lines in conflict wi th the street and drainage improvements must be relocated. Estimated cost for water and sewer relocation = $150,000. 2. Smithfield Road frcrn Turner Drive to John Autrey Road will be improved in 1989 frcrn a bar ditch road to a 4 lane curb and gutter street. Some reconstruction of old cast iron water mains vlill be necessary. Estimated cost for water line reconstruction = $163,000. 3: Sane" industrial streets" will be extended to provide Irore accessibility" in 1989. The extensions will require sane water and sewer line adjus'bœnts. Estimated cost for these adjustIœnts = $198,000. .~ 4. Watauga Road from Davis Boulevard to Precinct Line FDad is pI armed by the 'IDH&Pl' to be constructed under the State's "PASS" program in 1990. The State will pay for 100% of the street construction, but only 50% of the utility relocation work. Estimated cost for City to adjust water and sewer lines = $307,100. . 5. Precinct Line Road is to be improved by the 'IDH&Pl' in 1990-91 from a bar ditch road to a 5 lane/2 shoulder curb and gutter street. Prior to construction beginning, any water and sewer lines in conflict with the proposed street and drainage improverænts will have to be relocated. Estimated cost for the relocation of existing water and sewer lines = $873,600. 6. Callaway Branch drainage improvements will require the relocation of the proposed sanitary sewer lines. Phase I of the charmel improvements will require a 24" diameter outfall line be adjusted at an estimated cost of $84,000. In Phase II of the channel improvements, a 21" diameter outfall line will be adjusted at an estimated cost of $163,600. 7. The City is continuing an effort to upgrade the overall water distribution system and the sewer collection system in our city. We have plarmed to install numerous fire hydrants in 1989 to help achieve the proper coverage throughout the ¡:x:Jpulated ¡:x:Jrtions of the City. The estimated cost for this project is $168,000. Also, plarmed to be installed in 1990 is several water line replacement projects. These projects will be located in four (4) different areas of the City. Estimated cost for the miscellaneous water line replacements is $600,000. ~. ~,,;_...,. ~ ~ 8. CUrrently, the City is constructing an eighteen (18) holê golf course on its west side. 'lhe irrigation system designed will require a water supply of 500-600 gpm. Due to the consistant nature of the Paluxy sands acquifer, the City has decided to drill six (6) to nine (9) water wells for its golf course water supply. The estimated cost is $425,000. The golf course revenues will pay for the operation and maintenance of the wells and repay the $425,000 of initial capital expended within a ten (10) year period. 'lhe golf course will make these monthly payments based on the gallons used. All wells will be rœtered. Sumnary of Revenue Bond Projects *Davis Boulevard Utility Relcx:::ation *Smithfield Road Utility Reconstruction *Industrial Streets Utility Adjustments *Watauga Road (Davis-Precinct Line Utility Relcx:::ation) *Precinct Line Road Utility Re1cx:::ation *Calloway Branch Phase I 24" Sewer AdjustJrents *Calloway Branch Phase II 21" Sewer Adjustments *Miscellaneous Fire Hydrant Placerœnts *Miscellaneous Water Line Reconstruction *Water Wells for Golf Course $ 150,000 $ 163,000 $ 198,000 $ 307,100 $ 873,600 $ 84,000 $ 163,600 $ 168,000 $ 600,000 $ 425,000 ---. < 425,000> ./ < 707,300> $ 2,000,000 , ~ Arrount to be funded frcm Operations Arrount funded fran previous Unspecified Bond Funds 'IDTAL c CITY OF NORTH RICHLAND HILLS "-- Department: Public Works Council Meeting Date: 2/13/95 Approve City/Owner Covenants and Agr~ments with Subject: Jim Stephens - Holiday Lane Extension Project Agenda Number: GN 95-28 (Bogart Dr. to Watauga Rd.) The City and Jim Stephens have signed an agreement regarding right-of-way acquisition and assessment for two separate parcels on the Holiday Lane Extension Project from Bogart Dr. to Watauga Rd. The agreed upon value of the right-of-way acquisition of 2,933 square feet from Lot 5, Block B, College Hill Addition is $1,050.00 ($.36/SF). This amount was deducted from the preliminary assessment of $8,550.00 for a net assessment of $7,500.00. The agreed upon assessment for Block C, College Hill Addition is $23,000.00. No additional right-of- way is required from this property. In exchange for these agreements, Mr. Stephens waives his right to a public hearing before the Council regarding any final assessment. Rf"-cnmmp.ncfMinn: It is recommended Council approve the covenants/agreements and authorize the Mayor to sign in their behalf. Finance Review CITY COUNCIL ACTION ITEM Finance Director Source of Funds: Bonds (GO/Rev.) ':>perating Budget '~'Ot r. Page 1 of T;o.U Q...a9 AC 1'1'11516/,)1 , i ' I , I ¡Ii: , 381 J7 ! 361 JO ". J313:! i 3I! JC ; Z11 211 , . 9 ¡ l;C II , I I 121 ni 14 15 Hiln 18 ! I i , ' I I I I "i..:..!2.12'122 21 20 . I , I I I STEIIi...;:,J LN 33 34 TA to..... .572 . TA... 21." , no,... 'm.t0t4 S.178 Al: no,... COLLEGE C!;¡ S.W. PT. .. 8 I I t ílÞ.N FllS;L CC/¡TI ON I I AP J'.!R. 5 íE f II EI't S l P1?tJt:!3 Rrr-¡ es , I LE:GE: eOL I I I I " 28 I I I $.[. , 2'5.2'5 AC 15.2'9 Al: CITY/OWNER COVENANT AND AGREEMENT WHEREAS, the City of North Rich1and Hills (hereinafter referred to as "City") plans to extend Holiday Lane from Bogart Drive to Watauga Road; and WHEREAS, Tarrant County has agreed to construct a portion of the above-referenced extension of Holiday Lane as a 48-foot wide street with curb and gutter, paving, underground storm drain and sidewalks, to be paid for by the City; and WHEREAS, the City needs to acquire 2,933 square feet of additional right-of-way from Lot 5, Block B, College Hill Addition, adjacent to the proposed route of the above-described Holiday Lane extension owned by the undersigned J. R. Stephens and wife, F.A. Stephens; and WHEREAS, the City will assess the above-described property for a portion of the per front foot cost of curb, gutter, underground storm drain and sidewalk for the above-described Holiday Lane extension. NOW, THEREFORE, the City agrees to perform the following, in order to expedite construction of the above-described Holiday Lane extension: 1. Purchase 2,933 square feet of additional right-of-way from your property, being Lot 5, Block B, College Hill Addition for the agreed-upon amount of $1,050.00 2. Deduct this amount of right-of-way compensation from the City's preliminary assessment against your property for a portion of the cost of the Holiday Lane extension project. THE PROPERTY OWNER agrees to the following, in exchange for the City's stipulations above: 1. Accept the amount of $1,050.00 described in stipulation # 1 above, as total compensation for the right-of-way acquisition. 2. Agree to a fmal net assessment amount of $7,500.00 against Lot 5, Block B, College Hill Addition. This final net assessment is due upon completion of the Holiday Lane extension construction and will be paid out as follows: One-fifth (1/5) of $7,500.00, or $1,500.00, will be due upon completion of the above described Holiday Lane Extension, followed by four annual payments of $1,620.00. These four payments will discharge the property owner's entire assessment at 8 % interest. Each of the four annual payments shall be due on December 1st of each year beginning December 1, 1996. (1) 3. Waives its right to a public hearing before the North Rich1and Hills City Council to determine any final assessment against Lot 5, Block B, College Hill Addition, for the above-described Holiday Lane extension, and agrees to the final assessment of $7,500.00. The parties hereto hereby agree that this assessment shall run with the land described above and shall obligate the owners, their successors and assigns, and inure to the benefit of the City of North Richland Hills, Texas. The City shall have the right to enforce its assessment lien pursuant to the terms of Paragraph C, Article 375.121, Texas Local Government Code. I~ 'Í C EXECUTED this the day of í ~ BY: ST ATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on ¡ÇrT day of f-t ~~ 1995 by J.R. Stephens and wife, F.A. Stephens. \\\\\\\\111&,11////1" 7 I P- 'J.. ~ ,':~~~:.....~ø~'I'" ý.A-MJ.., /Vl t- ~ ~:.,~'{ PUii¡f "'-;. f /~"* ti....... '\ Notary Public, State of Texas .:: : (I): ::. My Commission Ex~re~:~ ~~.J ~ Notary's Printed Name: ~ '.. )'E Of -c.. ... ~ fj ,. ~ r- c¡ 7 \,,~, ........~~.... ""I /1 a v-Þ i). r rl) r/!~ <>111 6-2G-'":J ,I'"~ ¡¡fil/h,"lt" " CITY OF NORTH RICHLAND HILLS: By: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City (2) CITY/OWNER COVENANT AND AGREEMENT WHEREAS, the City of North Rich1and Hills (hereinafter referred to as "City") plans to extend Holiday Lane from Bogart Drive to Watauga Road; and WHEREAS, Tarrant County has agreed to construct a portion of the above-referenced extension of Holiday Lane as a 48-foot wide street with curb and gutter, paving, underground storm drain and sidewalks, to be paid for by the City; and WHEREAS, there is 1,300 feet of frontage along Block C, College Hill Addition, adjacent to the proposed route of the above-described Holiday Lane extension owned by the undersigned J. R. Stephens and wife, F.A. Stephens; and WHEREAS, the City will assess the above-described property for a portion of the per front foot cost of curb, gutter, underground storm drain and sidewalk for the above-described Holiday Lane extension. NOW, THEREFORE, the City agrees to perform the following, in order to expedite construction of the above-described Holiday Lane extension: 1. Assess your property, being Block C, College Hill Addition, $23,000.00 as a portion of the per front goot cost of curb, gutter, underground storm drain and sidewalk for the above- described Holiday Lane extension. THE PROPERTY OWNER agrees to the following, in exchange for the City's stipulations above: 1. Accept the amount of $23,000.00 described in stipulation # 1 above, as the final net assessment. 2. Agree to a final net assessment amount of $23,000.00 against Block C, College Hill Addition. This final net assessment is due upon completion of the Holiday Lane extension construction and will be paid out as follows: One-fifth (1/5) of $23,000.00, or $4,600.00, will be due upon completion of the above described Holiday Lane Extension, followed by four annual payments of $4,968.00. These four payments will discharge the property owner's entire assessment. Each of the four annual payments shall be due on December 1st of each year beginning December 1, 1996. 3. Waives its right to a public hearing before the North Rich1and Hills City Council to determine any final assessment against Block C, College Hill Addition, for the above- described Holiday Lane extension, and agrees to the final assessment of $23,000.00 (1) The parties hereto hereby agree that this assessment shall run with the land described above and shall obligate the owners, their successors and assigns, and inure to the benefit of the City of North Richland Hills, Texas. The City shall have the right to enforce its assessment lien pursuant to the terms of Paragraph C, Article 375.121, Texas a1 Government Code. 5- EXECUTED this the / I day of STATE OF TEXAS COUNTY OF TARRANT _This instrument was acknowledged before me on ¡SQ day of r -e ~ ~ 19 9~ by J.R. Stephens and wife, F.A. Stephens. ",,\1\ IÔ\ !I B,;' II/J/l¡ I M-I- /\ ?v1 ~ ~,,~..'11'1. ...:.... 'AAI,:." //.I~, ~ I J. /' -' v:-~., y ::w~.~ j\. / ;i'~'" '\ Notary Public, State of Texas My Commission Exlire':~ ~ 'J i Notary's Printed Name: . -? ~,.- % .... )'o~OF~~ .... 2 M ~ i2 JI/ 5 .... ~ - q 7 '\;, ......~\'f.~~~...... ,~f I' ærf v. r/Yatf/ ~ "~¡, $"20-91 "", '// i Î ~ ¡ i ~ III \ \ \ \ \ \" CITY OF NORTH RICHLAND HILLS: By: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City (2) CITY OF NORTH RICHLAND HILLS, TEXAS RIGHT-OF-WAY ST ATE OF TEXAS KNOW ALL ME BY THESE PRESENTS COUNTY OF TARRANT That we, J. R. Stephens and wife, F. A. Stephens, as Sellers, for and in consideration of the agreed purchase price of One Dollar ($1.00) and other good and valuable consideration, and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATIACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: None To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the IS. I day of SELLERS ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATE OF TEXAS COUNTY OF f ,1;his instrument was acknowledged before me on /5 r day of. ¡ t., -t IV\.;V "^J ' 1995 by T.? ~ ,¡?' t.r h .J' () V' (I 'lft'1;¡:e I F /t-. . s: e¡ o.,{' \ \ , I " : , I " ~ , III -",...,' ~ D. e,"';::"I, Î.. ""L (.''''. '), " ß / . ,~' ~":pii.ÿP¡¡:;~ II,, ý\^"" I '/ M "" ~ l /.~åÅ 's\ '\ Notary Public, State of Texas _ .t1I ~.",. _ My Commission Expires: \ \.;oJ': ~~./ f \.......~~........ / /......,..... ~;.;ö:.èj1 .."",,,, 'l'IJ'.~,,~,\.\_.\\'\\ r;~?ö-97 Notary's Printed Name: f1~rÞ Y. fl7J.rI/~ Page 1 of 1 KEF NO. 3-371, PARCEL NO.2 CITY OF NORTH RICHLAND HILLS HOLIDA Y LANE STREET AND DRAL'I¡AGE IMPROVEMENTS EXHIBIT" A" PERMANENT STREET RIGHT-OF-WAY COLLEGE HILL ADDITION CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the H. W. Cook Survey, Abstract No. 366, said strip being out of a tract of land conveyed to F. A. Stephens as "Tract 2" by deed as recorded in Volume 10983, Page 1985 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said tract also being the remainder of Lot 5, Block B of the College Hill Addition as recorded in Volume 388-174, Page 44 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said strip of land being herein described as proposed Permanent Street Right-of-Way and being more particular- ly described by metes and bounds as follows: BEGINNING at the northerly property corner of a tract of land conveyed to Cecil Kear- ney, Jr. and Nancy Kearney by deed as recorded in Volume 8951, Page 105 of the D.R.T.C.T., said point also being at the beginning of a curve to the right whose center bears South 59 degrees 04 minutes 44 seconds East 962.39 feet; THENCE, in a northeasterly direction along the existing southeasterly right-of-way line of College Circle and along the northwesterly property line of the said Stephens tract and along the said curve, through a central angle of 22 degrees 06 minutes 42 seconds and an arc length of 371.41 feet to the northerly property corner of the said Stephens tract; THENCE, South 00 degrees 14 minutes 06 seconds West, along the easterly property line of the said Stephens tract and along the westerly property line of the remainder of a tract of land conveyed to the Fort Worth Christian School, Inc. by deed as recorded in Volume 3181, Page 606 of the D.R.T.C.T., 10.07 feet to a point at the beginning of a curve to the left whose center bears South 37 degrees 19 minutes 58 seconds East 954.39 feet; THENCE, in a southwesterly direction along the proposed southeasterly right-of-way line of Holiday Lane and along the said curve, through a central angle of 21 degrees 43 minutes 13 seconds and an arc length of 361.80 feet to the southwesterly property line of the said Stephens tract and on the northeasterly property line of the said Kearney tract; THENCE, North 62 degrees 10 minutes 12 seconds West, along the said property lines, 8.01 feet to the POINT OF BEGINNING. The Permanent Street Right~of-Way herein described contains 0.0673 acres (2,933 square feet) of land, more or less. In addition to the above described proposed Permanent Street Right-of-Way. a proposed 5 foot wide Temporary Slope Easement is herein described as being a strip of land on the southeasterly side of, and adjacent to the said proposed southeasterly right-of-way line of future Holiday Lane, said strip extending along the entire frontage of the said Stephens tract adjoining the said Holiday Lane right-of-way. The said proposed Tempo- rary Slope Easement contains 0.0412 acres (1,794 square feet) of land, more or less and is shown herein on the attached drawing as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THEì ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 10-26-94 Revised on 12-08-94 / // ~/ o~~' ~/ ~ / ~O' / ,,6c,.J- ~' / ~~v<:}~~ / /¡.... -,,? ~ / / 0 / ~G / / / ci o~/ G / / ~ I øŸ,¢v~· /0//// l:t 4' / / . / / 8 / / // -:.r / A = 22'O6'42~/ / / b / R: 962.3~' n/ A = 21'43'13" g L - 371.41 / / R = 954.39' / / L = 361.80' -^y/ -<.. ~ ///^'---PROPOSED S' WIDE / . "'" ::s:- / TÐlPORARY SLOPE EASÐAENT / .......,"?: O~;' 'y~/ / 0,0412 AC. (1.794 SQ. FT,) J.,..q,-.'X 'oq, / ~"'?:Q / / EXHIBIT "A" I .;:J Orfiì I / PROPOSED 8' 'MDE I ' .fJ R:-8 o~ I I PERMANENT STREET "<,. ~ ~~' / RIGHT-OF-WAY / if I ~. 0.0673 AC. (2,933 sa. FT.) ð"l ~'? I I 47 P.O.S I II g,0 EXl1~I~IT / 1/ l A / / / / ï 8.0,. / > / .t, ~10' f/ 1'¡~::::"~ìP( / e9".1ré'..4 '':" , " 0.09, /- PC~Nl".,;I!f. . .~,.' '0 . '.' ". /~ , '. / /~oP~ ,l}. .!:!.N(' ~ SUBDIVISION: COLLEGE HILL ADDITlON LOCATlON: TARRANT COUNTY. TEXAS PROPERTY ACQUISITlON: TEMPORARY: PERMANENT STREET R.O.W.: - WHOLE PROPERTY ACREAGE : 0.0412 AC. 0.0673 AC. 1.263 AC. DRAWING OF EXHIBIT "A" EXHIBIT "B" H. W. COOK SURVEY ABSTRACT NO. 366 F. A. STEPHENS "TRACT 2" VOL. 10983, PG. 1985 D.R.T.C.T. PARCEL 2 KEF NO. 3-371-616 HOLIDAY LANE, STREET & DRAINAGE IMPROVEMENTS SEC1l0N B CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 W 2 ::J ~ f5 0. ~I I REMAINDER OF BLOCK B COLLEGE HILL ADDITlON VOL 388-32. PG. 59 P.R,T.C.T, FORT WORTH CHRISTIAN SCHOOL, INC. VOL 3181. PG. 606 D.R.T,C.T. ~I <D or or LOT 5, BLOCK B COLLEGE HILLS ADDITlON VOL 388-174, PG. 44- P.R.T.C.T. LOT IR / / LOT 2R / REPLA T OF A PORTION OF BLOCK B COLLEGE Hlu..s ADDITlON VOL 388-157, PG. 9 P.R.T.C.T. 100' ~ I GRAPHIC SCALE IN FEET 1- = 100' o 50' RE'J1SED ON 12-08-94 SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 427-1094 DATE: 10-29-94 COGO RLE:427-ROW ACAD FILE: 427 - 2 DRAWN BY: S.G.S, COMPUTED BY: S.G.S. CHECKED BY: S.G.S. 352 HURST BLVD. HURST, TX 76053 (817) 282-6981 CITY OF NORTH RICHLAND HILLS, TEXAS PERMANENT DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That we, J.R. Stephens and wife, F.A. Stephens, as Sellers, for and in consideration of the agreed purchase price of One Dollar ($1.00) and other good and valuable consideration, and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North RicWand Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public drainage facilities, including underground conduits and overland flumes or swales with unrestricted surface access for relief flow, and said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: (SEE ATfACHED PLAT AND LEGAL DESCRIPTION) In addition to the above described perpetual easement, Seller also hereby grants to the City a temporary right of access to, and use of, lands of Seller immediately adjacent to operations. The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. rr Executed in North Richlapd Hills, Tarrant County, Texas, in triplicate original on this the IS I day of -FI!~~ ' .D, . SELLERS ADDRESS OF GRANTEE: City of North Richland HiIIs 7301 N.E. Loop 820 N. Richland HiIIs, Texas 76180 STATE OF TEXAS I COUNTY OF TARRANT I This instrument was acknowledged before me on the / ç day of F...f~~ ,1995, \~Y1J,.,R"Stephens and wife, F. A. Stephens. "\.\,, ~D. Br. ""'" /' ~:{¡.:iiŸP~<·\ ,ì L _ ~ /J. ( (~*;) \¡ NO!; ::I~, ~te ~~e~ ~ .... J'~OF~~~.... § Commission Expires: '\.. ····..~P1ñ'<.S,...... / Notary's Printed Name: ....:e,. ~........., ..,..... !",,~"'2a-g1 .."., I) ¡. _ ~ 5 ~~ - 9 ..., -',,,,.;' ;1 ærh I;. n.t-{ !-e¡ ·~ - \'l-?~<^~~. ~ / (::J S"" / -<,~ <J'. ~ / ~ i-';,"'''' / 0"" / . V /0< F, ^. STE-PH E.~S .,\",ð,- / t<tE<:.,Vo\... 10983, f'G.. \':)8S \ r.,'5o / D. R .T. c..,-r. "'~O'¡.,/ -, @ ~LOc::k <:.. c.QU..£.<ÕE.. H,Ll.~ ACO'TIO...J VOl., ~oo- I ì 4. Pc¡, 4-4- P,1O:,T,c::.,ï. . . . PA~L F'o~ PI/:"~D DRA1.......<OI<. ~A"!o..M£NT 1(." :.~,~ S.F. o· ~'4. Ac::.· o J 5c.ð.LC-: 1"= 100' Sketch showtng a proposed Drainage E3seme~t E.LCa< C, cou.EGE HILLS MJDITIOt: North Richland Hills, T3rrant County, T~x.a';. All of that certain tract or paz:cel of land situated in E10';1( C of ('ollege Hil13 ADDITION, an ~ition to the City oE <15 shown O~ the Plat rL~ordèd in Volœ~ 3P.B-174, Page H of the ~~ Records, Tarrant County, TeXd3 ard described by rre:~,> and bou.nds as £0110\.5: Beginning at the i~te=secti~n or the Southeasterly bo~~ary line of said Block C and the Northe:::ly line r¡f ;;Ir. ~Xi5tillg 20 Ft. wid~ Dr~tr.ag~ ard Uti lity I!'as~~t, ,'is shO\oll1 on 3aid plat '::00 t~ln"] in tile NorthwesteLly Right ~i W;1y line of !io~iday L3ne ",.rod beinq North 27 d~gr~es 10 rrur.utes ~~t, 20.0 feet from thp. Southerly ~orne::: of said Blocr. c; Th~nc~ North 62 j.:~ee:;; ),; ItUOU1:es ); seconds \-lest with the :lot:tt:~r1l' lbe ,.f said Drélinag~ and utility ;';'-;':H,:ment and 20 f€-::t f:::nn and pa.call~l to the Soutl1we:ste=ly boundary line of sai~ DIeck C, 423.19 (~et to the intcrs~=tion of aald Northerly lir~ of said 20 Ft. Drain:.g':? "rod IJtility EAserrent -3nd the South'=ilSt·~t:ly llr~ of an existing 125 Ft. ~i~~ Cratnage Ea3ernent ~ ~hown on said plat; Thence North 65 èegre.:!3 11 minutes 44 secorKis East: w: th th~ SOllthcaster ly l i r.~ ,")f sa id 125 Ft. Drainage ~~~t 50.60 feet; Thence SQuth 52 d~g:;:ees )4 rrlnutes 33 sr.:cc,nc!s Eæ,t, 6,:.!] fe~t_ fr('m and ~:::alle:' tu the Southw=sterly boùndary line of said BlerJ: C, 392.25 f~':?:: to t.t.e said NorttlW!!ste.rly Right of ~y line of Holièay Lanei Thence South 27 de'}t"ec5 30 minutes O~j .=.e-:.;oncb \-¡~':: wi.th th~ 5a',d ~¡ortb'<:!5U:rly Right of Way lin'~ of Holiè.:;y La;'\e 40.U0 ~>.:t to the pl.:;.:e of œ;1nr.in<j i1¡,J C"ontair):ng 0.374 kres oE ldnd, roo::e or less. ~J~ DAVID C. MOAK SURVEYORS, INC. REGISTERED PUBLIC SURVEYOR P.O. BOX 1034 Z68-ZZI1 HURST. TEXAS DATE (, oG. '3 I No, 91 _ 107 R.Evl~c::.D 1- z'>-~. .,..:,.¡ o...",E:R Iee.VI'SCi:Þ 6-oc..~..,' þ.~ O¥o,J..,¡E:fI- T'YP£ 3 CITY OF NORTH RICHLAND HILLS, TEXAS PERMANENT DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That we, loR. Stephens and wife, F.A. Stephens, as Sellers, for and in consideration of the agreed purchase price of One Dollar ($1.00) and other good and valuable consideration, and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Riclùand Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public drainage facilities, including underground conduits and overland flumes or swales with unrestricted surface access for relief flow, and said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) In addition to the above described perpetual easement, Seller also hereby grants to the City a temporary right of access to, and use of, lands of Seller immediately adjacent to operations. The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. ~ecuted in North Richl~S, Tarrant County, Texas, in triplicate original on this the I S day of Fe ~ ... . Stephens ~r1,J~ F. A. Stephens ' SELLERS ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 N. Richland Hills, Texas 76180 ST ATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the IS 'Î f~ ~ AA¡ , 1995, .~~..~~~,:,,~~ephens and wife, F. A. Stephens. l'~~~y'·~f?!.~~t"""" -¡ I II \ ~ /' ß / , l' ~.~ti' Puli¿;"'" <. VI,.. WI ^- .J. 1"1 ~ ! (:.?~ (1)\ \ Notary Public, State of Texas ~ \ ~~ß i Ë Commission Expires: \. ...... -f't()~ ...... f \ .....~~:-... ,~ """"4I<t s:~~ """, III"llIa,."'\\\\' day of fÇ-Z{)-tt7 Notary's Printed Name: /'1 p. rþ;). fyt< ell ~ Page 1 of 1 KEF NO. 3-371, PARCEL NO.6 CITY OF NORTH RICHLAND HILLS HOLIDA Y LANE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT "A" PERMANENT DRAINAGE EASEMENT H. W. COOK SURVEY, A-366 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the H. W. Cook Survey, Abstract No. 366, said parcel being out of a tract of land conveyed to F. A. Stephens by deed as recorded in Volume 10983, Page 1985 of the Deed Records of Tarrant County, Texas <D.R.T.C.T.), said strip of land being herein described as a proposed Permanent Drainage Easement and is shown herein on the attached drawing as Exhibit "B", said strip being more particularly described by metes and bounds as follows: COMMENCING at the northeast property corner of the said Stephens tract, said point also being on the southeasterly right-of-way line of the S.L. & S.W. Railroad; THENCE, South 65 degrees 18 minutes 59 seconds West, alont the northwesterly proper- ty line of the said Stephens tract and along the said southeasterly right-of-way line, 506.15 feet to a point; THENCE, South 24 degrees 41 minutes 00 seconds East 50.00 feet to a point on the souteasterly edge of an existing 50 foot wide Permanent Drainage Easement, said point also being the POINT OF BEGINNING of the said proposed Perma- nent Drainage Easement being herein described; THENCE, South 24 degrees 41 minutes 00 seconds East 108.66 feet to a point on the southeasterly property line of the said Stephens tract and on the existing north- westerly right-of-way line of College Circle (future Holiday Lane), said point being at the beginning of a curve to the left whose center bears South 20 de- grees 42 minutes 13 seconds East 1022.39 feet; THENCE, in a southwesterly direction, along the said property line and along the said existing right-of-way line and along the said curve, through a central angle of 00 degrees 50 minutes 32 seconds and an arc length of 15.03 feet to a point; THENCE, North 24 degrees 41 minutes 00 seconds West 107.73 feet to a point on the said southeasterly edge of the existing 50 foot wide Drainage Easement; THENCE, North 65 degrees 18 minutes 59 seconds East, along the said edge of the exist- ing 50 foot wide Drainage Easement, 15.00 feet to the POINT OF BEGL.~NING. The Permanent Drainage Easement herein described contains 0.0373 acres (1,623 square feet) of land, more or less. In addition to the above described proposed Permanent Drainage Easement. a proposed 5 foot wide Temporary Slope Easement is herein described as being a strip of land on the north side of, and adjacent to the said existing northwesterly right-of-way line of College Circle (future Holiday Lane), said strip extending along the entire frontage of the said Stephens tract adjoining the said Holiday Lane right-of-way. The said proposed Temporary Slope Easement contains 0.1509 acres (6,572 square feet) of land, more or less and is shown herein on the attached drawing as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. s&~ By: Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 11-29-94 SUBDIVISION: COLLEGE HILL ADDI110N LOCA TlON : TARRANT COUNTY. TEXAS PROPERTY ACQUISI110N: TEMPORARY: PERMANENT STREET R.O.W.: 'MiOLE PROPERTY ACREAGE : 0.1509 AC. 0.0373 AC. 8.8359 AC. DRAWING OF EXHIBIT" A" EXHIBIT "B" PARCEL 6 KEF NO. 3-371-616 HOLIDAY LANE, STREET & DRAINAGE IMPROVEMENTS SECTlON B CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 H. W. COOK SURVEY ABSTRACT NO. 366 o¡"O ~¡"\~ S~· ./ !;. S:V' 4' /. ..,\~ s~"J ./ /' ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./~ \ ./ \ \ \~.... -;t,\ \~.~ t'I \ !-'C!' ~...-!.\ \cb,C!'· A => 00'50'32"~ ....1 ó \ \ t" R = 1022.39' v.o£. \ \ L .. 15.03' __ .-. -- -- \ \ ---- \ \------- ~ v- ./ /. . 'll\Q~~~Gt G '5~ Q~~~ ~s~~ !!.:t~ ~ '!'o~þ.i ~~-<; ./ ¿~~~C~ ./ ./ ~ ./ ././ 15.00' '/ ./ ./ ./ N65ï 8'59"E /' F. A. STEPHENS VOL. 10983, PG. 1985 D.R. T.C. T. EXHIBIT -A" PROPOSED 15' 'MDE PERMANENT DRAINAGE EASEMENT ./ ./ ./ \1.,0:11' 0.0373 AC. (1,623 SQ../FT;ý ~ø(j ./ ./ ~/'~././ h...~~ ./ .A --{ \.r \\) ~~\I." ,.lOV ~ ./ '\' '" ¿./ ./ \1.0' ;..- ~"'~;..- o;t\· ~~ ./~'" ./ ./010'5 .// 1~ - ./ - ./- ..... - ./ ./././~ ./ ./ ..... ./ CUR TIS E. RAMEY, TRUSTEE VOL 7712. PC. 650 D.R, T.C, T, BLOCK C COLLEGE HILLS ADDI110N VOL. 388-174, PG. 44 P.R.T.C.T. .J c.. -- -- -- --:.-- -r -- -- -- .:-;.--- -- 8' - -- \ PROPOSED 68' WlOE STREET R.O, w, PROPOs(!) ~. WlOE TÐoIPORAAY SlOPE EASEWENT 0.1509 AC. (6.~7Z sa. FT.) o 50' 100' ~ I GRAPHIC SCALE IN FEET 1· = 50' BLOCK B COll.EGE HIll. ADDITION VOL 388-32, PG. 59 P.R.T.C.T. SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 4-27-1094- DATE: 11-23-94- COCO FILE: NONE ACAD FILE: 427-6 DRAWN BY: L.W.G. COMPUTED BY: S.G.S. CHECKED BY: S.G,S. 352 HURST BLVD. HURST, TX 76053 (817) 282-6981 CITY OF NORTH RICHLAND HILLS ',-- Department: Public Works - Council Meeting Date: Approve City/Owner Covenant and Agr~mentwith Subject: Fort Worth Christian School - Holiday Lane Extension Agenda Number: Project (Bogart Dr. to Watauga Rd.) 2/13/95 GN 95-29 ' The City and Ft. Worth Christian School have signed an agreement regarding right-of-way acquisition and assessment for the Holiday Lane Extension Project from Bogart Dr. to Watauga Rd. The agreed upon value of the right-of-way acquisition of 10,231 square feet is $9,600.00 ($.94/SF). This amount was deducted from the preliminary assessment of $42,283.00 for a net assessment of $32,683.00. The net assessment of $32,683.00 would be paid out over nine (9) years at no interest. In exchange for these terms, Ft. Worth Christian School waives its right to a public hearing before the Council regarding any final assessment. Rf'.cnmmendatinn: It is recommended Council approve the covenant/agreement and authorize the Mayor to sign in their behalf. "-- Finance Review Source of Funds: Bonds (GO/Rev.) ::>perating Budget "-- Oth CnYCOUNC~ACnON"EM FInance Director Page 1 of CITY fOWNER COvENANT AND AGREEMENT WHEREAS, the City of North Richland Hills (hereinafter referred to as "City") plans to extend Holiday Lane from Bogart Drive to Watauga Road; and WHEREAS, Tarrant County has agreed to construct a portion of the above-referenced extension of Holiday Lane as a 48-foot wide street with curb and gutter, paving, underground storm drain and sidewalks, to be paid for by the City; and WHEREAS, the City needs to acquire 10,231 square feet of additional right-of-way from Block B, College Hill Addition, adjacent to the proposed route of the above-described Holiday Lane extension owned by the undersigned Ft. Worth Christian School, Inc.; and WHEREAS, the City will assess the above-described property for a portion of the per front foot cost of curb, gutter, underground storm drain and sidewalk for the above-described Holiday Lane extension. NOW, THEREFORE, the City agrees to perform the following, in order to expedite construction of the above-described Holiday Lane extension: 1. Purchase 10,231 square feet of additional right-of-way from Block B, College Hill Addition for the agreed-upon amount of $9,600.00. 2. Deduct this amount of right-of-way compensation from the City's preliminary assessment against your property for a portion of the cost of the Holiday Lane extension project. THE PROPERTY OWNER agrees to the following, in exchange for the City's stipulations above: 1. Accept the amount of $9,600.00 described in stipulation # 1 above, as total compensation for the right-of-way acquisition. 2. Agree to a final net assessment amount of $32,683.00 against Block B, College Hill Addition. This final net assessment is due upon completion of the Holiday Lane extension construction and will be paid out as follows: One-ninth (1/9) of $32,683.00, or $3,631.44, will be due upon completion of the above described Holiday Lane Extension, followed by eight annual payments of $3,631.44. These payments will discharge the property owner's entire assessment at no interest. Each of the eight annual payments shall be due on December 1st of each year beginning on December 1, 1996. (1) 3. In exchange for a waiver of interest and an extension of the payment period, it waives its right to a public hearing before the North RicWand Hills City Council to determine any final assessment against your property for the above-described Holiday Lane extension and agrees to the net assessment of $32,683.00. The parties hereto hereby agree that this assessment shall run with the land described above and shall obligate the owners, their successors and assigns, and inure to the benefit of the City of North RicWand Hills, Texas. The City shall have the right to enforce its assessment lien pursuant to the terms of Paragraph C, Article 375.121, Texas Local Government Code. EXECUTED this the /7-M. daYOf~, 19Qf FT. WORTH CHRISTIAN SCHOOL, INC. A NON-PRO T CORPORATION BY: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on, /'leA day of ~~ ,19ií by De 1 . rd, Ft. Worth Christian School, A no -Profit Corpo tion. ,.0' '11_ BETlY D. CLARK o*~~'r.. NOTARY PUBLIC ,~_ STATE OF TEXAS ", .. '1, 0' ". My Comm. Exp. 4-12-97 4~,(9·C~ Notary IC, State of Texas Co '-I-I,).. - C; 7 ¡j,'~?fi)[ O. 0 t ¡:¡~~ Notary's rinted Name CITY OF NORTH RICHLAND HILLS: By: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City (2) CITY OF NORTH RICHLAND HILLS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT I That Ft. Worth Christian School, Inc., A Non-Profit Corporation, as Seller, for and in consideration of the agreed purchase price of One Dollar ($1.00) and other good and valuable consideration, and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North RichJand Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of- way for the purpose of constructing, improving, widelÚng, maintailÚng and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, wruch plat is made a part hereof, and/or described as follows: (SEE ATIACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North RichJand Hills and its successors and assigns forever. Executed this the ~d:J.y Of~' A.D., 19i.i. Fr. WORTH CHRISTIAN SCHOOL, INC. A NON-P FIT CORPORATION BY: SELLERS ADDRESS OF GRANTEE: City of North RichJand Hills 7301 N.E. Loop 820 North RichJand Hills, TX 76180 ST ATE OF TEXAS COUNTY OF TARRANT I This instrument was acknowledged before me on ~ d:J.y of ~,1995 by Deryl Beakley, Chairman of the rd, Ft. Worth Christian School, In~ration. ,.-' -.., BETIY D. CLARK .r:;¡;:;.{. NOTARY PUBUC 1\ ~ ~_ STATE OF TEXAS jJJ, -" 0' ,,' My Comm. Exp, 4·12,97 State of Texas Notary's Printed Name: My Commission Expires: L-~,q7 &-7T1l fl. (~j./I-~ I CURl1S E. RAMEY. TRUSro: { I ~ A = 7'49'12" nl R = 860.26' I L = 117.W ~ :~ .. 1 I;;!; ..J ~ill~ <1. J. BARLOUGH SURVEY I :::1lz I ABSìRACT NO. 130 1/)1 ~ - ~ ~ ~ 1 ~;;-,.:,"~, - L' . SlJR'ÆY ÙNE- . - -I. f¡t--COU£Œ ClRCl£ R.O.W. :: IT PL ~ 0 I TOTAL Œ' PROPOSED VARIABLE WIDtH - - o \X ~I ~IDIPORARY SLOPE EASOIENT FOR PARca NO, 3 _ ~ ;-1 ~ 0,4778 "e, (20.815 SQ, FT.) -lOr') I" o !. ~II~ FORT WORTH CHRISllAN SCHOOL, INC. :r: ~II~ VOL 3181. PG. 606 <nJ 10 P.R.T.C.T. LOCK C f.\ HA co 31"25'24" BLOCK B \ ~~~ ~ I R '" 954,39' COllEGE Hill ADDI1l0N \~JU.c.T. \ L .. 623.37' VOL 388-32, PG. 59 \ \ P.R.T.C.T. \ 1.1 ~EXHIBIT "A" -"'ít'\ PROPOSED 8' WIDE \ \\ PERMANENT STREET A .. 37'O3'28"~\ RIGHT-Of-WAY R = 962.39' ~ ,0$ 0.2349 AC. (10,231 SQ. FT.) L ... 622.46' ~\ ~ ~ ~.~\ 1>c;¡, ~. ~ '\\ \\~\ H. W. COOK SURVEY \ 'f" "1'~ 1'\ ~ 1'0 ABSìRACT NO. 366 ..\~~.. 10.01' 575."· ~ / ~ N0014'OS-E .. '" / /....... P 0 B",,~ LOT 5, BLOCK S / '" . . " COLLEGE HILLS ADDl110N EXHIBIT ~~OL 388-174. PC. +4-1 ~ -A- ~~ P.R.T.C.T. ~ \ " <:.i \\ ~;;;;R & AS:OC. REGISTERED PROFESSIONAL LAND SURVEYORS SUBDIVISION: COLLEGE Hill ADDI1l0N LOCATION: TARRANT COUN1Y,o TEXAS PROPER1Y ACQUISI1l0N: TEMPORARY: PERMANENT SìREET R.O.W.: WHOLE PROPER1Y ACREAGE : 0.·H78 AC. 0.2349 AC. 26.246 AC. DRAWING OF EXHIBIT" A" EXHIBIT "B" I o <: o e::: « e" ::> « ~ « ~ \ ~II ~~ ú' \ .~ . \ \\ 16 1(; :( 400' o 200' ~ I GRAPHIC SCALE IN FEET 1" = 200' PARCEL 3 KEF NO. 3-371-616 HOLIDAY LANE, STREET & DRAINAGE IMPROVEMENTS SECTION B CI1Y OF NORTH RICH LAND HillS 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 BLOCK A COLLEGE HILL ADDI110N VOL 388-11. PC. 1 P.R.T.C. T. JOB NO.: 427-1094 DATE: 10-29-94 COGO FILE: 427-ROW ACAD FILE: 427 -3A DRAWN BY: S.G.S. COMPUTED BY: S.G.S. CHECKED BY: S.G.S. 352 HURST BLYO. HURST, TX 76053 (817) 282-6981 Page 1 of 2 KEF NO. 3-371, PARCEL NO.3 CITY OF NORTH RICHLAND HILLS HOLIDAY LANE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT "A" PERMANENT STREET RIGHT-OF-WAY COLLEGE HILL ADDITION CITY OF NORTH RICH LAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the H. W. Cook Survey, Abstract No. 366 and out of the J. Barlough Survey, Abstract No. 130, said strip being out of a tract of land conveyed to Fort Worth Christian School, Inc. by deed as recorded in Volume 3181, Page 606 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.>, said tract also being the remainder of Block B of the College Hill Addition as recorded in Volume 388-32, Page 59 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.>, said strip of land being herein described as proposed Permanent Street Right-of-Way and being more particularly described by metes and bounds as follows: BEGINNING at the northerly property corner of Lot 5, Block B of College Hills Addition as recorded in Volume 388-174, Page 44 of the P.R.T.C.T., said point also being at the beginning of a curve to the right whose center bears South 36 degrees 58 minutes 02 seconds East 962.39 feet; THENCE, in a northeasterly direction along the existing southeasterly right-of-way line of College Circle and along the northwesterly property line of the said School tract and along the said curve, through a central angle of 37 degrees 03 minutes 28 seconds and an arc length of 622.46 feet to a point; THENCE, South 89 degrees 54 minutes 34 seconds East, along the existing southerly right-of-way line of the said College Circle and along the northerly property line of the said School tract, 577.89 feet to a point at the beginning of a curve to the right whose center bears South 00 degrees 05 minutes 26 minutes West 860.26 feet; THENCE, in an easterly direction continuing along the said existing southerly right-of- way line of College Circle and continuing along the said northerly property line of the School tract and along the said curve, through a central angle of 7 de- grees 49 minutes 12 seconds and an arc length of 117.41 feet to a point; THENCE, North 89 degrees 54 minutes 34 seconds West, along the proposed southerly right-of-way line of Holiday Lane, 694.94 feet to a point at the beginning of a curve to the left whose center bears South 00 degrees 05 minutes 26 seconds West 954.39 feet; THENCE, in a southwesterly direction along the proposed southeasterly right-of-way line of Holiday Lane and along the said curve, through a central angle of 37 degrees 25 minutes 24 seconds and an arc length of 623.37 feet to a point on the wester- ly property line of the said School tract and on the easterly property line of the said Lot 5; THENCE, North 00 degrees 14 minutes 06 seconds East, along the said property lines, 10.07 feet to the POINT OF BEGINNING. The Permanent Street Right-of-Way herein described contains 0.2349 acres (10,231 square feet) of land, more or less. Page 2 of 2 KEF NO. 3-371, PARCEL NO.3 CITY OF NORTH RICHLAND HILLS HOLIDAY LANE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT "A" (continued) PERMANENT STREET RIGHT-OF-WAY COLLEGE HILL ADDITION CITY OF NORTH RICHLAND ffiLLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent Street Right-of-Way, a proposed variable width Temporary Slope Easement is herein described as being a strip of land on the south side of, and adjacent to the said proposed southerly right-of-way line of future Holiday Lane, said strip extending along a portion of the frontage of the said School tract adjoining the said proposed Holiday Lane right-of-way. The said proposed Temporary Slope Easement contains 0.4778 acres (20,815 square feet) of land, more or less and is shown herein on the attached drawings as Exhibits "B" and "D". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 10-26-94 Revised on 12-08-94 CITY OF NORTH RICHLAND HILLS _ Department: Public Works Council Meeting Date: Approve City/Owner Covenant and Agreementwith Subject: Col1f".ge Hill Church of Christ - Holiday T .ane Rxtension Agenda Number: Project (Bogart Dr. to Watauga Rd.) 2/13/95 GN 95-30 The City and College Hill Church of Christ have signed an agreement regarding right-of-way acquisition and assessment for the Holiday Lane Extension Project from Bogart Dr. to Watauga Rd. The agreed upon value of the right-of-way acquisition of 29,297 square feet is $7,700.00 ($.26/SF). This amount was deducted from the preliminary assessment of $16,464.00 for a net assessment of $8,764.00. The net assessment of $8,764.00 would be paid out over nine (9) years at no interest. In exchange for these terms, College Hill Chruch of Christ waives its right to a public hearing before the Council regarding any final assessment. Rf>£ommendation: It is recommended Council approve the covenant/agreement and authorize the Mayor to sign in their behalf. ',- Finance Review Source of Funds: Bonds (GO/Rev.) 'Jperating Budget _ \- 0 r Acct. Number Suffici nt Funds Available FlnMce Director ead Signature CITY COUNCIL ACTION "EM Page 1 of CITY/OWNER COVENANT AND AGREEl\1ENT ,-. WHEREAS, the City of North Richland Hills (hereinafter referred to as "City") plans to extend Holiday Lane from Bogart Drive to Watauga Road; and WHEREAS, Tarrant County has agreed to construct a portion of the above-referenced extension of Holiday Lane as a 48-foot wide street with curb and gutter, paving, underground storm drain and sidewalks, to be paid for by the City; and . WHEREAS, the City needs to acquire 29,297 square feet of additional right-of..way from Lot A, Block 28, College Hill Addition, adjacent to the proposed route of the above-described Holiday Lane extension owned by the undersigned College Hill Church of Christ; and WHEREAS, the City will assess the above-described property for a portion of the per front foot cost of curb, gutter, underground storm drain and sidewalk for the above-described Holiday Lane extension. NOW, THEREFORE, the City agrees to perform the following, in order to expedite construction of the above-described Holiday Lane extension: 1. Purchase 29,297 square feet of additional right-of-way from your property, being Lot A, Block 28, College Hill Addition for the agreed-upon amount of $7,700.00. 2. Deduct this amount of right-of-way compensation from the City's preliminary assessment against your property for a portion of tne cost of the Holiday Lane extension project. THE PROPERTY OWNER agrees to the following, in exchange for the City's stipulations above: 1. Accept the amount of $7,700.00 described in stipulation # 1 above, as total compensation for the right-of-way acquisition. 2. Agree to a final net assessment amount of $8,764.00 against Lot A, Block 28, College Hill Addition. This final net assessment is due upon completion of the Holiday Lane extension construction and will be paid out as follows: One-ninth (1/9) of $8,764.00, or $973.77, will be due upon comp1etton of the above described Holiday Lane Extension, (1) followed by eight annual payments of $973.77. These payments will discharge the property owner's entire assessment at no interest. Each of the eight annual payments shall be due on December 1st of each year beginning December 1, 1996. 3. In exchange for a waiver of interest and an extension of the payment period it waives its right to a public hearing before the North Richland Hills City Council to determine any final assessment against Lot A, Block 28, College Hill Addition, for the above-described Holiday Lane extension, and agrees to the final assessment of $8,764.00. The parties hereto hereby agree that this assessment shall run with the land described above and shall obligate the owners, their successors and assigns, and inure to the benefit of the City of North Richland Hills, Texas. The City shall have the right to enforce its assessment lien pursuant to the terms of Paragraph C, Article 375.121, Texas Local Government Code. EXECUTED this the ~-;rA day of fL~.Æu.'( , 1995. (f COLLEGE HILL CHURCH OF CHRIST STATE OF TEXAS I COUNTY OF TARRANT I 7i-, This instrument was acknowledged before me on ~ ~ day of ~ 1J,;4Ii/MY 199~ by Don Ferguson, Trustee, College Hill Chu~-ff Christ. &-4//J#/¿ Notary Public, State o( exas DAVID M. FINLEY Notary P'Jblic STATE OF ï¿XAS My Comm. Exp. 03/14/98 Notary's Printed Name: J.'¡t/@ ftI· // k' 4' Y (2) My Commission Expires: STATE OF TEXAS .-. COUNTY OF TARRANT I I'1I'This instrument was acknowledged before me on :¡ 'S ~y of J AN ¡} 1¡4 y 19~ by Jerry Perkins, Trustee, College Hill Church of Christ. JMjffi/J ~ Notary Public, State of T as ?-/Y-~ y' Notary's Printed Name: ,/}vII) A- h/l~J/ My Commission Expires: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on :J. S þ.., day of JA-..J u' AAY 191Ç by John Perkins, Trustee, College Hill Church of Christ. ~ JJM~ £4 Notary Public, State of Tex " 'T.. 3-rCl-ry Notary's Printed Name: .¿J4v/¿1 AI..hA/WV ( My Commission Expires: (3) STATE OF TEXAS .-. COUNTY OF TARRANT I ~ - \ This instrument was acknowledged before me on :;) 5 day of V,4AJJIfj{ Y 19 y¡;- by Gary Stevens, Trustee, College Hill Church of Christ. Commission Ex . DAVID M. FINLEY Notary P~=!ic STATE OF ï:::XAS My Comm. Exp. 03/14/9B ¡jadJí1M- ¡~ Notary Public, State of xas 3- If-rt¡ ¡J9V/¡J ./fA, /7//h?,/ Notary's Printed Name CITY OF NORTH RICHLAND HILLS: By: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City (4) CITY OF NORTH RICHLAND HILLS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That College Hill Church of Christ, as Seller, for and in consideration of the agreed purchase price of One Dollar ($1.00) and other good and valuable consideration, and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the sarne perpetually to the Hills and its successors and assigns forever. ;7 Executed this the ~ day of ~~r?/'/~ City of North Richland , A.D., 1995. stee ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATE OF TEXAS COUNTY OF TARRANT ~ This instrument was acknowledged before 11,.; v,ð¡A\( , 19:1£by Don Ferguson, Chr st. -11 me on ;2. 5" day of Trustee, College Hill Church of My Commission Expires: :3 -IV-?Y DAVID M. FINLEY Notary PIJ~;¡C STATE OF ïEXAS My Camm. Exp. 03114/98 Name: ,/L1 , ,c¡ /I{ L ~ STATE OF TEXAS I 1= ,- -/<r was acknowledged before me on ~:5 day of 19~~~by Jerry Perkins, Trustee, College Hill Church of COUNTY OF TARRANT \Tþis instrument 'J I'jl\JrJ 1;4 r ' chr ist. My Commission Expires: =i-/'f-P l5" DAVID M. FINLEY Notary p';~!jc STATE OF ;::XAS My Camm. Exp. 03/14198 ftI· hAl'-<e STATE OF TEXAS COUNTY OF TARRANT ...., --r''r .1 This instrument was acknowledged before me on ~ S day of V f\ ¡J.J,f¡t,( , 19 "lç- by John Perkins, Trustee, College Hill Church of Christ. otary's Printed Name: h",v/\¥}/ My Commission Expires 3--/ 'if.6 STATE OF TEXAS COUNTY OF TARRANT <A¡ . I This instrument wasoIDnowledged before me on Å ç day of \ f't..J;/Ip<{'( , 19.L.2. by Gary Stevens, Trustee, College Hill Chr ist. Church of My Commission Expir 3-1'f-9t .!£~~:êo<fi.... Notary's Printed Name: I"YJ t.I¡¿J M r/.""..(,., Y Page 1 of 2 KEF NO. 3-371, PARCEL NO.4 CITY OF NORTH RICH LAND HILLS HOUDA Y LANE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT "A" PERMANENT STREET RIGHT-OF-WAY COLLEGE HILL ADDITION CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a parcel of land out of the J. Barlough Survey, Abstract No. 130, said parcel being out of a tract of land conveyed to College Hill Church of Christ, said tract being Lot A, Block 28 of Col- lege Hill Addition as recorded in Volume 388-140, Page 66 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said parcel of land being herein described, as proposed Permanent Street Right-of-Way and being more particularly described by metes and bounds as follows: BEGIN;NING at a point on the northerly property line of the said Lot A, said point being located East 233.58 feet from the northwest property corner of the said Church tract; THENCE, East, along the said northerly property line and along the southerly property line of a tract of land conveyed to Curtis E. Ramey, Trustee by deed as recorded in Volume 5502, Page 752 of the Deed Records of Tarrant County, Texas, 75.51 feet to a point at the beginning of a curve to the right whose center bears North 66 degrees 59 minutes 08 seconds West 359.77 feet; THENCE, in a southwesterly direction along the said curve, through a central angle of 44 degrees 19 minutes 05 and an arc length 268.28 feet to a point; THENCE, South 24 degrees 19 minutes 33 seconds West 14.81 feet to a point; THENCE, South 17 degrees 53 minutes 04 seconds East 19.74 feet to a point at the beginning of a curve to the left whose center bears North 72 degrees 06 minutes 56 seconds East 280.00 feet; THENCE, in a southeasterly direction along the said curve, through a central angle of 33 degrees 27 minutes 10 seconds and an arc length of 163.48 feet to point at the beginning of a curve to the left whose center bears South 38 degrees 39 minutes 46 seconds West 920.26; THENCE, in a northwesterly direction along the existing northeasterly right-of-way line of College Circle and along the said CUI've, through a central angle of 10 degrees 31 minutes 47 seconds and an arc length of 169.12 feet to a point at the begin- ning of a curve to the right whose center bears North 68 degrees 18 minutes 28 seconds East 340.00 feet; THENCE, in a northerly direction along the said curve, through a central angle of 3 degrees 48 minutes 29 seconds and an arc length of 22.60 feet to a point; THENCE, North 17 degrees 53 minutes 04 seconds West 19.74 feet to a point; THENCE, North 60 degrees 05 minutes 40 seconds West 14.81 feet to a point at the beginning of a curve to the right whose center bears North 11 degrees 30 minutes 30 seconds West 359.77 feet; THENCE, in a westerly direction along the said curve, through a central angle of 9 de- grees 35 minutes 15 seconds and an arc length of 50.20 feet to a point on the westerly property line of the said Church tract and on the most southerly east property line of the said Ramey tract; THENCE. North, along the said property lines. 68.16 feet to a point at the beginning of a curve to the left whose center bears North 4 degrees 20 minutes 02 seconds West 291.77 feet; THENCE, in a northeasterly direction along the said curve, through a central angle of 56 degrees 50 minutes 41 seconds and an arc length of 289.47 feet to the POINT OF BEGINNING. The Permanent Street Right-of-Way herein described contains 0.6726 acres (29,297 square feet) of land, more or less. Page 2 of 2 KEF NO. 3-371, PARCEL NO.4 CITY OF NORTH RICHLAND HILLS HOLIDA Y LANE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT "A" (continued) PERMANENT STREET RIGHT-OF-WAY COLLEGE HILL ADDITION CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent Street Right-of-Way, proposed variable width Temporary Slope Easements are being herein described as being strips or parcels of land on all sides of, and adjacent to the said proposed right-of-way lines of future Holiday Lane as they cross the said Church tract. The total area of the three portions of the said proposed Temporary Slope Easement is 0.2138 acres (9,313 square feet) of land, more or less, and the said three portions of proposed Temporary Slope Easement are shown herein on the attached draw- ing as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. By: Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 10-26-94 Revised on 12-08-94 SUBDIVISION: COLLEGE HIU. ADDITION LOCATION: TARRANT COUNTY, ~TEXAS PROPERTY ACQUISITION: TEMPORARY: PERMANENT STREET R.O.W.: WHOLE PROPERTY ACREAGE: 0.2138 AC. 0.6726 AC. 4.226 AC. PARCEL 4 KEF NO. 3-371-616 HOLIDAY LANE, STREET & DRAINAGE IMPROVEMENTS SECTION B CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 DRAWlNG OF EXHIBIT" A" EXHIBIT "B" WATAUGA ROAD EXlStlNC 60' Yt10E SlREET R.O.W. DEDICATED AS COlLEct aRCl£ BY PLAT VOl. 31111-32, PC. 59 P.R.T.C.T. CURl1S E. RAMEY, TRUSTEE - -1~· ;:'1 \ - - VOL 5502. PC. 752 <{ Ô D.R. T.C. T. ..;J .¿ io >- '" \." COLLEGE HILL P .O.B ~ ß ( CHURCH OF CHRIST EXHIBIT I a rJ I - A- I :J ~ I l VOL. 388-140, PG. 66 ~g:~y5~~ E....SLlENT 08. " P'R'T'C'T'~ =z: PL EAST 75.51' 100.13' 233.;: - I å7., 3' I 1é 6. "" 56"50'41" ;. R "" 291.77' I L ... 289.47' '\./^ N6. ... ++19'05" . II )!'V R"" 359.77' ~ Ii: ,-:; ~L ... 268.28' :ï!o h "". '- -z h # / ...... ~ '\~. PROPOSED 10' YIIOE ~ _ -....- ç,."':J? 11 / TDlPORAIIY SlOPE EASlAENT ø "':J?ç,. Ò ...... PI. t> ., ':JO:V /...../ EXHIBIT "A" ~\. .,./ PROPOSED VARIABLE W1Dlli ./ SH19'33"W 14.81' PERMANENT SffiEET I S17"53'04"E 19.74' RIGHT-Of-WAY 6. "" 33"27'10" 0.6726 AC. (29,297 SQ. FT.) R "" 2BO.00' I L ... 163.48' LOT A. BLOCK 28 ~\ 6. .. 10'31'47" COLLEGE HIU. ADDITION ,,\ \ R ... 920.26' VOL. 388-140, PG. 66 'h ,,'L - 169.12' P.R.T.C.T. f:--'" \~ " .q,.. '- ~o TOTAl. OF PROPOSED 1ÐAPORAIIY '- 'f "SlOPE EASao/ENT fOR PAllen. 4 , " O.2138....C. (9.313 SQ. FT.) ~ 0- C of' ~'\. Q .. "'>" «,;('. ø~,?~" '"Q ~d'. " ,,~ \ " ~C}~C(~ FORT WORm CHRISllAN SCHOOL. INC. "'c.~~ "'\- 'to <f. ,+0, R.O,W. ~I I PROPOSED R.O. W. --- -- J. tJasTiÑc- 11.0.,,--_ PROPOSED R.O.W. - - --- BLOc\( B COLLEGE HILL AODI110N VOL JBB-J2. PC. 59 P.R.T.C,T. RE\'ISED '2-08-94 o 100' ~ I GRAPHIC SCALE IN FEET 1" = 100' 200' SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS 352 HURST BLVD. HURST. TX 76053 I.......' ......... _....... JOB NO.: 427-1094 DATE: 10-29-94 COGO RL~427-ROW ACAD FILE: 427 - 4 DRAWN BY: S.G.S. COMPUTED BY: S.G.S. r.HFr.KFn AY, sr,.s CITY OF NORTH RICHLAND HILLS ',- Department: Public Works Council Meeting Date: 2/13/95 Approve Easement Agreement for Subject: TH ~20/~H 2t;/FM 19':\R TTtiHty Adjl1~tment~ Agenda Number: GN 95-31 with Hudiburg Chevrolet, Inc. - Resolution No. 95-12 The Texas Department of Transportation (TxDOT) in acquiring additional right-of-way (ROW) for this project, wanted to acquire 20-foot wide parkway around the Hudiburg Chevrolet site as they normally do in order to provide as much room as possible for utilities to relocate behind the curb. Hudiburg Chevrolet was not willing to provide more than a 12-foot parkway, however they did agree to dedicate an 8-foot easement around the perimeter of the property for the City to relocate its water and/or sewer lines outside of the TxDOT 12-foot wide ROW. At the time of the ROW acquisition, TxDOT did not include the dedication of the easement as a part of the closing. Therefore, when it came time for the City to relocate its water and sewer lines adjacent to the Hudiburg tract, Hudiburg began qualifying how it would give the easement. The attached "Easement Agreement" and "Underground Waterline Easement" are a culmination of numerous discussions, meetings, and site surveys concerning this issue. Currently, construction is almost complete in the easement area adjacent to Davis Boulevard (pM 1938), even though the Underground Waterline Easement has not been executed. The other document, the "Easement Agreement", addresses how an easement will be dedicated and a water line extended to the remainder of the old Exxon Tract at the northwest corner of IH 820 and SH 26, if needed. The tract is very small and will probably never be developed. If the tract sells, it will probably be to Hudiburg Chevrolet. If this happens, the agreement is null and void. If someone other than Hudiburg Chevrolet develops the tract, the City will notify Hudiburg and Hudiburg will dedicate the described easement and fund the line extension up to a maximum amount of $12,000. Rf>r.ommend~tion : It is recommended Council approve Resolution No. 95-12. Filiance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot r Acct. Number Sufficient Funds Available ead Signature CITY COUNCIL ACTION ITEM t!d k~ Finance Director Page 1 of RESOLUTION NO. 95-12 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH1.AND HILLS, TEXAS, that: 1. The Mayor is hereby authorized to execute the Easement Agreement and Underground Waterline Easement with Hudiburg Trust and Hudiburg Chevrolet, Inc. concerning utility adjustments being made with the IH 820/SH 26/FM 1938 Interchange Project. These documents relate to the property at the northwest quadrant of Loop 820 intersection with Grapevine Highway (SH 26) where Hudiburg Chevrolet is located. PASSED AND APPROVED this the 13th day of February, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City -0,.: 7 f".-.. &<0 It-' ð~, . 9~' q; SS ~~ _I -~~ - '-I- _ íI=- ! t->- ,.....:..-.- - f-- -.f-- \ KJ-/ r ! (- , ~ / - - ~ (j~ y ~ " ':.U I I I ,~ m Ilr_~ = L1D~1 rn: Î I 1=þ§!tË ~ ~ - ro = ,1/ = ~ CIIJJ=j~ - n ~ - I ~I-- ~ _ ¡B!s I-- -_ ~- I-- ~~ ~ ,- = ~;: : I T tiQttJ I I -=:r ] ~/~ ...-....- == _ th~~ : "--.J~ ~v: ~= f - -« IN' - - 0 pfW I I I /6IÍU/(:.C"'o~ ' \1\ !\ ~Qo /' i1a! := ~ ~ -<-. r¡,(Q ~ ~ = ~~ / c.,. o{/ , ~ ,.-- - n~. {l ,- I-- -<-......... ~ ' I-- _,\~(5 ~~ @/ _ = ~O\~ ~/J" - = ~~ ~ ~ .~ ~ð\Y _~ I Ñ OI..D E~><OA./'\- "- TIZ4G, J L. oc;,P' 8"7 __ Zl"~ B"w '-<.J UJjtíjCL \ \ ~- t==:: - =;¡¡ ~ ~ ~ ~ ,. IF - - - >-- - - ,.-- I-- >-- - I-- I~ - - - Nlbl CITY LIIMI HUt S1 crrtt r¡, (Q \~- ~~1 -<-. ? c.,. ~ / ~~. ~ ~~ ~ PM'5e 1 ()AJl.'~ V - ~ I ~r- " - g;¡ Yl ...~~ - - 1...1"- - ......... ..... - f-- ~ Ii !\ -= - , ---I - - - tAl! LL - 1111 ~ EASEMENT AGREEMENT THJß EASEMENT AGREEMENT ("Agreement") is entered as of the J cf day of -n ólI ,1994, by and between the Hudiburg Trust (the "Trust"), Hudiburg Chevrolet, Inc. ("Chevrolet"), and the City of North Richland Hills, Texas ("City"). WHEREAS, the Trust and Chevrolet (collectively called "Hudiburg") own property within the City; and WHEREAS, the Texas Department of Transportation is constructing improvements on IH-820, SH 26 and FM 1938 which surround the property owned by Hudiburg; and WHEREAS, the City desires an agreement to dedicate an easement to construct and maintain one underground waterline with a diameter of eight inches or less (the "Waterline") in the event said easement i~ needed for futufl3 development of the tract adjacent to the Trust's property and immediately east of the easement described herein ("Adjacent Property"); NOW THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, Hudiburg and the City agree as follows: 1. Within ninety (90) days after written notification from the City as provided herein, Hudiburg will dedicate to the City an easement described in Exhibit "A" attached hereto and made a part hereof ("Easement") in accordance with the provisions of this Agreement for the limited purpose of construction and maintenance of the Waterline to serve the Adjacent Property. 2. Within ninety (90) days of written notification from the City as provided herein, Hudiburg will fund an amount not to exceed $12,000.00 for the construction by the City of the Waterline within the Easement. The City shall bore under existing driveways to construct and maintain the Waterline. The City shall repair, replace or reconstruct improvements within the Easement to substantially the same condition that existed prior to the construction, ret::onstruction, upgrade, repair 0r replacement of the VVaterline placed within the Easement. The City shall use its best efforts to maintain security and minimize any disruption to Hudiburg's use of the remaining property during the construction, reconstruction, upgrade, repair or use of the Waterline within the Easement. 3. The fee ownership of the Easement is to remain in Hudiburg, along with the right to use, occupy and enjoy the Easement in the manner which does not interfere with the limited purposes for which the Easement is to be acquired. Hudiburg retains the right to use the Easement for the following uses which are examples only and are not intended to be a complete list or to limit the other uses: (1) pavement; (2) driveways and parking; (3) landscaping; (4) existing signs; and (5) other existing structures. Any new structures are permitted within the Easement in the same location as the existing structures shown on Exhibit "B" attached hereto and made a part hereof ("Existing Structures"). Any new structure within the Easement but not in the same location as the Existing Structures shall be permitted so long as the new structures do not unreasonably conflict with the Waterline within the Easement. Grantee's Public Works Director or other authorized representative will be given the opportunity to review the plans for any new structure to be located within the Easement but not in the location of the Existing Structures prior to the construction of the new structure. City agrees to place the Waterline at a sufficient depth to withstand vehicular traffic and parking on the Easement. 4. City agrees to indemnify and hold Hudiburg harmless from any environmental damage or liability whatsoever that may result from the construction, maintenance, operation or removal of the Waterline. 5. If the City or other entity institutes condemnation proceedings to acquire for any purpose the property upon which the Easement is located, the Easement shall in no way be considered an encumbrance or otherwise affect the determination of the value of the property being acquired. 6. If for any reason the City ceases to use the Waterline within the Easement, the Easement shall revert to the then owner of the underlying fee simple title of the property upon which the Easement is located, and City shall within 30 days of demand execute a document in recordable form evidencing said reversion of the Easement tract. 7. This Agreement shall be null and void and of no further effect upon written notification to the City that the Trust, Chevrolet, Robert J. Hudiburg or any entity associated with the above referenced parties acquires fee simple title to the adjacent property . 8. All notices provided herein shall be deemed sufficient when sent by certified mail, postage prepaid, on the date personally delivered to the following: Trust: NationsBank of Texas, N.A. Trust Real Estate 500 West 7th Street P.O. Box 1479 Fort Worth, Texas 76101-1479 Attn: Claudette Fiese!er. Vice President Chevrolet: Hudiburg Chevrolet, Inc. 7769 Grapevine Highway Fort Worth, Texas 76180 Attn: Robert Hudiburg, President City: City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 77182 Attention: Rodger Line, City Manager 9. This Agreement shall inure to the benefit of and be binding upon the respective successors, assigns and legal representatives of the parties hereto. 10. The parties hereto agree that this Agreement may be executed in multiple parts. All such counterparts provided they are otherwise identical in form and content, shall be construed together and shall constitute one and the same instrument. The effective date of this Agreement is , 1994. HUDIBURG TRUST: NATIONSBANK OF TEXAS, N.A., AS SUCCESSOR TRUSTEE OF THE HUDIBURG TRUST By: ~1ll~2ß/~ Name: (!,/...AUDG:TT£ Fí:SSHI../T/è.J Title: t&1C_E; PRESIDè'lr HUDIBURG CHEVROLET, INC.: j By: CITY: ATTEST: NORTH RICH LAND HILLS, TEXAS By: Name: Title: DA942420349 1024941kb 1 152:COND H7441-10000 ~:ATE OF TEXAS § § COÚÑTY'OF TARRANT § .:" acknowledged by CI(]()J¿+f-e. F, ese(cr , of NationsBank of Texas, N.A., Successor Trustee of The this the /&-ff1 day of ;JÒUen7be. (" ,1994. ~Ut/Jv W ~ Notary Public - State of Texas Printed Name of Notary Public STATE OF TEXAS . ' § § COUNTY OF TARRANT § This instrument was acknowledged by , :It of the City of North Richland Hills, a Texas municipal corporation, before me on this the day of , 1994. Notary Public - State of Texas My Commission Expires: Printed Name of Notary Public STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged by Robert J Hudiburg of Hudiburg Chevrolet Inc, . a Texas corporation, before me on this the 14th day of November ,1994. My Commission Expires: 01-20-98 .~ krt,/i'1 ¡{.in, ' Notary Public State of Texas Tammy Peters KEF NO. 3-433, PARCEL NO.1 NORTH RICHLAND HILLS INTERCHANGE UTILITY ADJUSTMENTS PHASE 1 EXHIBIT "A" PERMANENT WATER LINE EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being a portion of two tracts of land owned by Hudiburg Chevrolet, Inc., one tract being Lot 7-R-A, Block 3 of Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas according to the revised plat as recorded in Volume 388-103, Page 973 of the Plat Re- cords of Tarrant County, Texas <P.RT.C.T.), the said tract being the same tract of land conveyed to the said Hudiburg Chevrolet, Inc. by deed as recorded in Volume 8794, Page 320 of the Deed Records of Tarrant Ccunty, Texas (D.n.T.C.T.) and the other tract being Lot 4, Block 1 of Hudiburg Addition to the City of North Richland Hills, Tarrant County, Texas according to the plat as recorded in Volume 377-117, Page 64 of the P.RT.C.T., said Lot 4 also being a portion of the "Hudiburg Trust" as recorded in Volume 4304, Page 603 of the D.RT.C.T., said strip of land being herein described as a variable width Permanent Water Line Easement being more particularly described by metes and bounds as follows: BEGINNING at a point on an inside easterly property line of the said Lot 4, said point being located South 11 degrees 59 minutes 33 seconds West 35.35 feet and South 10 degrees 53 minutes 49 seconds West 3.40 feet from an iron rod at an inside eil corner of the said Lot 4, said iron rod also being at the northwest property corner of an Exxon service station tract; THENCE, South 10 degrees 53 minutes 49 seconds West, along the said easterly property line of Lot 4 and along the westerly right-of-way line of Interstate Highway No. 820 (I-820), 5.00 feet to a Highway right-of-way monument, said point being at the beginning of a curve to the right whose center bears North 12 degrees 06 minutes 32 seconds East 3629.63 feet; THENCE, in a northwesterly direction along the northel"iy right-of-way line of the said I- 820 and along the said curve, through a central angle of 6 degrees 29 minutes 56 seconds and an arc length of 411.70 feet to an iron rod; THENCE, North 16 degrees 56 minutes 36 seconds West, along the northeasterly right-of- way line of the said 1-820, 12.30 feet to a point. said point being at the beginning of a curve to the left whose center bears North 18 degrees 43 minutes 16 sec- onds East 3619.63 feet; . THENCE, in a southeasterly direction along the said curve, through a central angle of 3 degrees 17 minutes 7 seconds and an arc length of 207.55 feet to a point; THENCE, South 65 degrees 44 minutes 08 seconds East 31.70 feet to a point, said point being at the beginning of a curve to the left whose center bears North 14 de. grees 56 minutes 26 seconds East 3624.63 feet; THENCE, in a southeasterly direction along the said curve, through a central angle of 2 degrees 49 minutes 48 seconds and an arc length of 179.03 feet to the POINT OF BEGINNING. The Permanent Water Line Easement herein described contains 0.0729 acres (3,174 square feet) of land. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY C::ERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GP.DUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. By: Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 6-30-94 SUBDIVISION: HUDlBURG ADDIllON LOCA roON : TARRANT COUNTY, TEXAS EASEMENT ACQUISIllON: PERMANENT WATER LINE ESMT.: 0.0729 AC. DRAWING OF EXHISIT "A" PARCEL 1 KEF NO. .3-4.33-616 INTERCHANGE UTILITY ADJUSTMENTS (PHASE 1) CITY OF NORTH RICHLAND HILLS 7.301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 EXHISIT "s" i" o ÍE :0 <> it I I I ¥/' ~ -...J , À LOT 7-R-A, BLOCK 3 ' / i! R!CHLAND TERRACE : ~ ADDIllON. <- / VOL. .388-10.3, PG. 97.3 ' / P,R.T.C.T. ' HUDIBURG CHEVROLET, INC. VOt. 8794, PG. 320 ' D.R.T.C.T. ' LOT 4, BLOCK 1 HUDIBURG ADDITION VOL. 388-117, PG. 64 P.R.T.C.T. -' < % " .. EXHIBIT "A" ^ = 317'07" PROPOSED VARIABLE WlD1H R = 3619.63' PERMANENT WATER UNE EASEMENT , 0.0729 AC. (3,174 SQ. fT.) .........................~ L .. 20~7.55 31.70' ..... ~ ............... 'S65'44~ '08"E , A .. 2'49'48" 12.30' ~ ............... . R = 3624.63' N16"56'36"W .to'lv. .......... .......:. L .. 179.03' J~,J~' ~-.,""'" \ S11-:~'33'W ..... ~ i +,,~ ~~..J. :r,.1!~ r.....- 340' 0... '\ . -. ~.......... S10~J'49"W ~ ~~ ..., -- -- '""- STA. A .. 6"29'56" ..... -..... R .. 3629.63' 5.00'---/ L = 411.70' S10"53'49"W ~<t r;l ",'t' I +~ P.O.B. I.H. 8'> <.0 ¡:-RON rAGt ROAD o 60' 120' ~ I GRAPHIC SCALE IN FEET 1" = 60' SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS ~~. 352 HURST BLVD. HURST, TX 76053 JOB NO.: 6-94-371 DATE: 6-30-94 COGO FILE: 1 94 371 ACAD FILE: .3 71-1 DRAWN BY: S.G.S. COMPUTED BY: S.G.S. CHECKED BY: S.G.S. (817) 282-6981 CITY OF NORTH RICHLAND HILLS, TEXAS UNDERGROUND WATERLINE EASEMENT STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That NationsBank of Texas, N.A., formerly NCNB Texas National Bank, successor to First RepublicBank Dallas, N.A., formerly InterFirst Bank Fort Worth, N.A., formerly First National Bank of Fort Worth, Successor Trustee of The Hudiburg Trust, as Grantor, for and in consideration of the agreed purchase price of One and No/100 Dollar ($1.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Grantee, a perpetual easement for the purpose of constructing, using and maintaining one underground waterline with a diameter of eight inches or less (the "Waterline"), said easement being described on Exhibit "A" attached hereto and made a part hereof (the "Easement Tract"). The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions: The fee ownership of the Easement Tract is to remain in the Grantor, along with the right to use, occupy and enjoy the Easement Tract in any manner which does not interfere with the limited purposes for which the Easement Tract is being acquired. Grantor retains the right to use the Easement Tract for the following uses which are examples only and are not intended to be complete list or to limit other uses: (1) pavement; (2) driveways and parking; (3) landscaping; (4) signs; and (5) or other structures. Any new structures are permitted within the Easement Tract in the same location as the existing structures shown on Exhibit "B" attached hereto and made a part hereof ("Existing Structures"). Any new structure within the Easement Tract but not in the same location as the Existing Structures shall be permitted so long as the new structures do not unreasonably conflict with the Waterline within the Easement Tract. Grantee's Public Works Director or other authorized representative will be given the opportunity to review the plans for any new structure to be located within the Easement Tract but not in the location of the Existing Structures prior to the construction of the new structure. Grantee covenants and agrees to complete the installation of the Waterline within sixty (60) days of the execution date of this easement, maintain the Waterline and place it at a sufficient depth to withstand vehicular traffic and parking on the Easement Tract. Grantee covenants and agrees to utilize the Easement Tract in such a manner to allow the above-referenced uses and to repair, replace or reconstruct the Easement Tract and improvements constructed by Grantor within the Easement Tract to substantially the same condition that existed prior to the construction, reconstruction, upgrade, repair or replacement of the Waterline placed within the Easement Tract. Grantee shall use its best efforts to maintain security and minimize any disruption to Grantor's use of the remaining property during the construction, reconstruction, upgrade, repair or use of the Waterline within the Easement Tract. Grantee covenants and agrees to bore under any driveways to install and maintain the Waterline. Grantee shall indemnify UNDERGROUND WATERLINE EASEMENT, Page 1 r:~d hold Grantor harmless from any environmental damage or liability whatsoever that may result from the construction, maintenance, operation or removal of the Waterline. If Grantee or other entity institutes condemnation proceedings to acquire for any purpose the property upon which the Easement Tract is located. the Easement Tract shall in no way be considered an encumbrance or otherwise affect the determination of the value of the property being acquired. The covenants and agreements contained herein shall be binding on Grantor, its successors and assigns and Grantee, its successors and assigns. If for any reason Grantee ceases to use the Waterline within the Easement Tract, the Easement Tract shall revert to the then owner of the underlying fee simple title to the Easement Tract and Grantee shall within thirty (30) days of demand, execute a document in recordable form evidencing said reversion of the Easement Tract. To have and to hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. EXECUTED this the /50 day of NO\léM8~R_ ,1994. NATIONSBANK OF TEXAS, N.A., as Successor Trustee of THE HUDIBURG TRUST By:~!J~~ I!J.CJ~ PRE3l....:.'Jf CITY OF NORTH RICH LAND HILLS, TEXAS ATTEST: City Secretary By: ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 UNDERGROUND WATERLINE EASEMENT, Page 2 ~:;ATE OF TEXAS § § COUNTY OF TARRANT § . This instrument was acknowledged by hi c\ \J d ë: ft- c:.. (I ~se I e.. r , U Ie.. ë:. - .p Î es ; d ev¡-r- of NationsBank of Texas, N.A., Successor Trustee of The ~.øre,.,¡n~ Dr.\ this the I b Th day of /J 0 L1 e.W1 be r , 1994. ,~ Þ'~~'i:. I :~ /.~;-,~1:. SARA vI/INTERS ¡ 1''-/ ,\ \f\. :\......,.. ,; h (. "';,'c:- .!1-' . '. '''''/ /\RY PUBLIC ' ). \,..~:~.;:.~»} ::;T;\Té OF TEXAS .~ .".~_.-:~..:;;:, Iv:; Ccmm '::xp OQ-21-'::Q ¿,"p~",:::,~",....L"~~=.~~"~":'~~._.,,,~ My Commission Expirës: -, - - kw~ Notary Public - State of Texas Printed Name of Notary Public STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged by of the City of North Richland Hills, a Texas municipal corporation, before me on this the day of , 1994. Notary Public - State of Texas My Commission Expires: Printed Name of Notary Public DA942570249 1II1941kbl 152:COND H7441-10000 UNDERGROUND WATERLINE EASEMENT, Page 3 KEF NO. 3-433, PARCEL NO.2 NORTH RICHLAND HILLS INTERCHANGE UTILITY ADJUSTMENTS PHASE 1 EXHIBIT "A" PERMANENT WATER LINE EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being a portion of a tract of land owned by Hudiburg Chevrolet, Inc., said tract being Lot 4, Block 1 of Hudiburg Addition to the City of North Richland Hills, Tarrant County, Texas according to the plat as recorded in Volume 377-117, Page 64 of the Plat Records of Tarrant Coun- ty, Texas (P.R.T.C.T.), said Lot 4 also being a ponion of the "Hudiburg Trust" as recorded in Volume 4304, Page 603 of the D.R.T.C.T., said strip of land being herein described as a variable width Permanent Water Line Easement being more particularly described by metes and bounds as follows: BEGINNING at a point on the easterly property line of the said Lot 4 and on the existing westerly right-of-way line of F.M. 1938 (Davis Boulevard), said point being located South 3 degrees 41 minutes 36 seconds East 38.00 feet from an iron rod found at the northeast property corner of the said Lot 4; THENCE, South 3 degrees 41 minutes 36 seconds East, along the said easterly property line of Lot 4 and along the said existing westel'ly right-of-way line, 275.00 feet to a point; THENCE, South 86 degrees 18 minutes 24 seconds West 5.00 feet to a point; THENCE, North 3 degrees 41 minutes 36 seconds West 275.00 feet to a point; THENCE, North 86 degrees 18 minutes 24 seconds East 5.00 feet to the POINT OF BEGINNING. The Permanent Water Line Easement herein described contains 0.0316 acres <1,375 square feet) of land. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. By, ~~OC'~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey í -21-9-1 SUBDIVISION: HUDIBURG ADDIT!ON I LOCATlON: NORTIi RICHLAND HILLS, TARRANT COUNTY EASEMENT ACQUISTlON: I PERMANENT WATER LINE EASEMENT: 0.0316 AC. DRAWING OF EXHIBIT "A" EXHIBIT "B" lOT UHf: -- LOT 2R. BLOCK 1 HUOIBURC ADDITION VOL 388-1++. PC. 22 P.R. T.C. T. --- N8618'24-"E 5.00' HUDIBURG CHEVROLET, INC. LOT 4, BLOCK 1 HUDIBURG ADDITION VOL. 388-117, PG. 64 P.R.T.C.T. W. W. WALLACE SURVEY ABSlRACT NO. 1606 SS61S'24-"W 5.00' "HUDIBURG lRUST" VOL. 4304, PG. 603 D.R.T.C.T. \ \ I '" I~ ~ I ~I ~ <.n . 01 ~ o ' ï ~ I\~ II i- \1. I I~ I ~ Ilþ \ I' \I ~IIN ~I ~ -'I 0 VI 0 il ' I " ~\~ ~ .. ~\~. ~ ~1 0" "'~ ~ PARCEL 2 KEF NO. 3-433-516 INTERCHANGE Uï1L1TY ADJUSTMENTS (PHASE 1) CITY OF NORTIi RICHLAND HILLS 7301 NE LOOP 820 NORTIi RICHLAND HILLS, 7X 76118 CITY OF NORTIi RICHLAND HILLS P.O.B. EXHIBIT "A" "'T\ 3: ~ to UI en EXHIBIT . A" PROPOSED 5' WIDE PERMANENT WATER LINE EASEMENT 0.0316 AC. (1.375 SQ. FT.) o » ~ (J) OJ o c: ~ < » ;;:0 o o 60' ~ GRAPHIC SCALE IN 1" = 60' 120' ! FEET SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 37i-7-94- DATE: 7-21-94- CO GO ALE: 7 92 222 ACAD FILE: 3ï1-2.DWG DRAI¡I/N BY: S.G.S. COMPUïED BY: S.G.S. CHECKED BY: S.G.S. (817) 282-6981 352 HURST BLVD. HURST. TX 76053 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department ~ Council Meeting Date92-13-95 ',-dubject: CDBG - Dan Echols Senior Adult Center Improvements Agenda NumberÇJN 95-32 The attached report from Schrickel, Rollins and Associates, Inc. (SRA) details and tabulates the bids received for the 20th Year Community Development Block Grant Project for the City of North Richland Hills. The Dan Echols Senior Adult Center Improvement Project was approved for federal funding by the Department of Housing and Urban Development (HUD) and bids were received on January 18, 1995. Based on the attached tabulation of bids, Staff recommends the award of the contract to the low bidder, The Gann Company, in the amount of $38,594.00. RECOMMENDA TION: It is recommended that the County Commissioners award the bid to The Gann Company in the amount of $38,594.00. Attachment: SRA Transmittal Letter ',-, Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - , F,nance Olrector .... -1 ~ ~ .:r- '/)V ~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of Schrickel, Rollins and Associates, Inc. Lmcbcape /\rchitecture· Planning' Engineering \'illor \V ß,]xler.-\'~~. Kent E. Belb,-\SL.'I Joseph E. BrJclley. PE Terry 1 Cheek, :\SL.-\ Terry E. Cullencler Dino I, FerrJlli, PE Daniel 8, HJrtman. PE Mark C. Hatchel, ASL-\ Sanford p, LJHue,r" PE Hershel Lincllv, :\PA Albert \V. Rollins, PE Gene Schllckel, F.-\SL-\ Larry D. Stone, PE February 6, 1995 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: Dan Echols Senior Adult Center Renovation 20th Year C.D.B.G. Project B94-UC-48-000l-48-55 Tabulation of Bids Bids were received on January 18, 1995, at the Tarrant County Community Development Division office in Fort Worth for the referenced project, and proposals were submitted from five (5) contractors. One bidder was late, so his bid was considered "non-responsive" and the bid was not accepted. A detailed tabulation is attached for your information. The following is a summary of the bids: No. Bidder Total Bid 1 The Gann Company $38,594.00 2 Southcrest Corporation 39,777.00 3 EnviroTech Solutions 46,673.23 4 Harrison Quality Construction 48,300.00 5 Wood rose Co., Inc. 70,600.00 The low bidder for this project is the Gann Co., in the amount of $38,594 for an established construction time of 90 calendar days. We contacted Don Day, with the Tarrant County Community Development Division and David Gattis, Director of Community Services, City of Benbrook that we know who are famiìiar with this contractor's work, and we received no negative comments from either of them. The total amount which we understand, is currently available for construction of this 20th year project is $126,000. Sufficient funds are available from HUD for construction of this project, therefore, no city participation is required. The amount that is not used for construction and engineering fees will be carried over to the 21st year. 1161 Corporate Drive West · Suite 200 · ..\dington, Texas ì6006 · (81ì) 649-32'6/~et'C S~0-8212/FAX (8m 649-ïé43 February 6, 1995 Honorable Mayor and City Council City of North Richland Hills Page 2 Based on the bids received, we could not find any reason to not award the contract to The Gann Co., 14285 Midway Rd., Suite 125, Dallas, Texas 75244, in the amount of $381,594 for a completion time of 90 days. Sincerely, èl=L;1/J~S' INC. James R. Post, CSI-ASLA Project Manager JRP /jh/3436 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department --=- Council Meeting Date: 02-13-95 NRH;¡O Family Water Park Phase II Chanç¡e Order No.4 Agenda Number: GN 95-33 '-'Subject: Attached is a copy of Change Order No.4 to the NRH20 Family Water Park Phase II construction contract with Craig, Sheffield and Austin, Inc. (CSA, Inc.). This change order includes the above ground park lighting, additional costs associated with pier drilling depths, and changes requested by Code Enforcement. The City Council awarded the construction contract to CSA, Inc. at the September 12, 1994 meeting. Three change orders have been executed, deducting $303,722 from the original contract amount. At their January 23, 1995 meeting (GN 95-19), the City Council directed the Parks and Recreation Department to execute a change order for adding above ground lights to the Water Park for night use. Item #1, below, is for adding this lighting. Items #2 and #3 are for costs associated with minor field changes. Items #4 and #5 are for changes requested by Code Enforcement. Item 1. Item 2. Item 3. Item 4. Item 5. ""-- Above ground lighting Additional Pier Drilling Depth Ceramic tile at the Activity Pool Waterfall Duct detectors Dumpster doors for two dumpster enclosures $29,741 $ 7,507 $ 3,220 $ 1,934 $ 3.927 $46,329 The total amount of this change order is $46,329. Upon approval of this change order, the revised contract amount will be $6,645,607. FUNDING: RECOMMENDATION: Family Aquatic Park Account #09-92-14-6000 It is recommended that City Council approve Change Order No.4 in the amount of $46,329. Finance Review - . Finance Director 1~~ Department Head Signature CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GO/Rev.) Operating Budget ,"_~ Other c:::- ~ Page 1 of CITY OF NORTH RICHLAND HILLS ,Department: City Secretary Council Meeting Date: .. . "--., Subject: Calling City Council Election - Resolution No. 95-13 Agenda Number: 2/13/95 GN 95-34 The attached resolution calls for a City election for Council Persons to Places 1, 3, 5 and 7 for two year terms and that the City hold its election jointly with Birdville Independent School District. The resolution also provides for the appointment of Election Officials. Recommendation: It is recommended that City Council approve Resolution No. 95-13. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available .operating Budget _ ~ Other Department Head Signature f!,q - - -City Manager CITY COUNCIL ACTION ITEM Finance Director Page 1 of RESOLUTION NO. 95-13 BE IT RESOLVED AND ORDERED, by the City Council of the City of North Richland Hills that a City election be called for the election of Council Persons to Places 1, 3, 5 and 7 for two year terms and that the City hold its election jointly with Birdville Independent School District in accordance with Section 271.002, Texas Election Code. Section 1. That said election be held on the 6th day of May, 1995, AD., between the hours of seven o'clock a.m. and seven o'clock p.m. Section 2. Qualified persons may file as candidates by filing with the City Secretary between the hours of eight a.m. and five p.m., Monday through Friday, beginning February 20, 1995, and ending on March 22, 1995. Each application for a place on the ballot shall be accompanied by a filing fee of $150.00 payable to the City or a petition seeking the candidate's name to be placed on the ballot in lieu of the filing fee. Such petition must be signed by qualified voters of the City with at least one hundred fifty signatures. Forms for the petition shall be furnished to potential candidates by the City Secretary. Section 3. The location of polling places for this joint election are designated pursuant to Section 271.003 of the Election Code and the Council finds that the following locations can most adequately and conveniently serve the voters in this election and that these locations will facilitate the orderly conduct of the election: PRECINCTS VOTING LOCATION t-'recinct One (includes County voting precincts 3214, 3324, 3333, 3041, 3364, 3350 & 3366 City Hall, 7301 Northeast Loop 820 Precinct Two (includes County voting precincts 3215, 3140, 3326, 3289 & 3424 City Hall Annex, 6801 Glenview Drive Precinct Three (includes County voting precincts 3209, 3063, 3049, 3177, 3367, 3387 & 3507 Fire Station, 7200-A Dick Fisher Drive North Section 4. The following Election Officials are appointed to serve at the polling places: Precinct One: Presiding Judge Alternate Presiding Judge/Clerk Gerry Cozby Bill Weihs Precinct Two: Presiding Judge Alternate Presiding Judge/Clerk Neta Mason Shirley Forrer 'recinct Three: Presiding Judge Alternate Presiding Judge/Clerk Thomas Weber Marie Williams Section 5. Each Presiding Judge shall appoint not less than two nor more than six qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. Section 6. Early voting will be held on weekdays beginning on April 17, 1995 at 8:00 a.m. and ending on May 2, 1995 at 5:00 p.m. Such early voting shall take place in the Library Administration Room of the Community Center at 6720 Northeast Loop 820, North Richland Hills, Texas which shall be considered as an extension of the City Secretary's office for early voting purposes. The City Secretary or her designee, shall be responsible for conducting early voting, both in person and by mail. For all early voting functions designated by statute for Election Day, the early voting location shall be the regular office of the City Secretary at 7301 Northeast Loop 820 on May 6, 1995 only. Section 7. In accordance with Section 87.004 of the Texas Election Code, the Presiding Judge at City Hall and at least two (2) election clerks shall also serve as the Early Voting Ballot Board to count the ballots received in Early Voting by Personal Appearance and Early Voting by Mail. Section 8. All resident qualified electors of the City shall be permitted to vote at said election, and on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 9. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election of May 6, 1995, and voting machines are hereby adopted as the method of voting at such election. Section 10. This resolution will be construed along with Resolution No. 94-60, passed on ùecember 12, 1994, so as to give effect to both resolutions. PASSED AND APPROVED this 13th day of February, 1995. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City Resolu,tion No. 95-13 Page 2 CITY OF NORTH RICHLAND HILLS ,. Department: Finance / Library Council Meeting Date: 2/13/95 Subject: Reject Bids' for Libraty Lighting Modification!; Agenda Number: PU 95-05 In the 1994/95 budget Council appropriated funds for lighting modifications in the Library. Formal bids were solicited for the lighting modifications and all bids submitted were over the total amount approved in the budget. The base bids and alternates are listed below. Boggs Electric $57,962 Groves Services $68,972 George/McKenna Electrical $70,420 Tom S. Stephens, Inc. $78,100 Staff requests authorization to revise the specifications and re-bid the project. '---- Recommendation: It is recommended City Council reject the bids received for the Library lighting modifications and authorize Staff to revise the specifications and re-bid the project. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Suffi 'ent Funds Available Operating Budget _ - Other ), 1>~' ~ ~ ~epartment Heaã11'¡);,atuJí' I C"Y COUNCIL ACTION "EM Fln.nœ D~.ctor Page 1 of CITY OF NORTH RICHLAND HILLS Parks and Recreation Department Contract Renewal for Mowing of Rights-of-Way ~ Council Meeting Date: 02-13-95 Department: ,_ 3ubject: Agenda Number: PU 95-06 The City contracts mowing services for rights-of-way, water tower sites, and pump station sites. The current contract with The Cutting Edge was executed June 13, 1994, and can be renewed for two consecutive one year periods. The contract allows for a price increase not to exceed the consumer price index of the Dallas/Fort Worth Standard Metropolitan Statistical Area. The current contract amount is $1,494.40 per mowing cycle. The revised contract amount proposed for the renewal is $1,537.20 per mowing cycle, representing a 2.86% increase in mowing cost. The consumer price index for the Dallas/Fort Worth area was approximately 3%. The number of cycles per mowing season is contingent upon the weather, the amount of rainfall and growing conditions in any given year. The previous contract has expired and according to the terms of the contract, the Cutting Edge is required to submit a renewal proposal with price changes no later than April 1 st of each year. Attached is their renewal proposal. The Cutting Edge has performed well during the last year, and has responded to requests and concerns in a timely manner. Based on their past performance, staff recommends renewing our contract for an additional one (1) year period. FUNDING: -- Utility Fund - Special Services 02-20-02-4800 RECOMMENDATION: It is recommended that City Council renew the mowing services contract with The Cutting Edge for an additional one (1) year period for a per cycle costof $1,537.20, in accordance with the contract documents. Attachment Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other _----J2Q d..:=- ~.~ ~ Department Head Signature CITY COUNCIL ACTION ITEM - Acct. Number 02-20-02-4800 Suffici nt Funds Available . Finance Director Page 1 of The Cutting Edge January 30, 1995 Tim Hightshoe ParkslPublic Grounds Superintendent City ofN. Richland Hills 6720 N.E. Loop 820 N. Richland Hills, Texas 76180 Re: Contract renewal proposal Dear Tim: It has been a pleasure to serve the City of N. Richland Hills the past six months. After the initial six month tenn, The Cutting Edge looks forward to continuing the quality of service the City of North Richland Hills deserves. I have provided you with a proposal in the amount of$1537.20 per mowing cycle which has a 2.86% increase over our last contract. I hope our service was acceptable and look forward to renewing the contract for 1995. If I can be offurther assistance to you, please give me a call at 595-3150. Sincerely, '7?~ /Í þ/,? /", :~ Owner- The Cutting Edge 7336 Dogwood Park Richland Hills, TX. 76118 CITY OF NORTH RICHLAND HILLS Department: Finance / Park and Recreation Council Meeting Date: 2/13/95 Subject: Award Bid for Sand Voll~ball Courts at North Richland Middle School Agenda Number: PU 95-07 Fonnal bids were solicited for the construction of sand volleyball courts at North Richland Middle School. The results are outlined below. Pete Durant and Associates M.A. Vinson Construction $12,800 $18,300 The low bidder, Pete Durant and Associates, has completed several projects for the City. They have completed all projects very satisfactorily and on time. Funding Source: , ',,---- 09-92-19-6000 $12,800 Recommendation: It is recommended City Council award the bid for the construction of sand volleyball courts at North Richland Middle School to Pete Durant and Associates in the amount of $12,800. Finance Review Source of Funds: Bonds (GO/Rev.) ',,- Operating Budget --'- Other _ \. '~ ~ ::... ~ Department Head Signa ure CITY COUNCIL ACTION ITEM See Above , FIII8IIC» Director Page 1 of r·' ~ . . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2/13/95 ','---- Subject: Approve 1994/95 City Street Overlay Program Agenda Number: PW 95-06 The attached memo titled "STREET RESTORATIVE TECHNIQUES" compares the cost of each type of overlay process the City has used. All processes exclude cost for subgrade repair. Subgrade repair is done by City crews prior to overlay. It is the CIP Committee's and this Department's recommendation that we place 2" asphalt overlay on 75,000 square yards (4.7 miles of street) during the period of May 1 st to October Ist, 1995. This can be done by our existing personnel. This assumes normal rainfall. The total estimated cost based on doing the 15 streets on the attached list is $531,794. This includes sub grade and curb and gutter repair costs. The current funds available for the 1994/95 City Street Overlay Program is $249,450 (Operating Budget Account 01-60-04-4890). An additional $285,000 could be appropriated from the General Fund Balance due to fund savings from the 1993/94 fiscal year. Fnnilinf Source: 1994/95 Operating Budget (01-60-04-4890) $ 249,450 \,- 1993/94 General Fund Balance (transfer to 01-60-04-4890) 285,000 TOTAL $ 534,450 R~ommenilMion: The CIF Committee recommends Council approve the proposed 1994/95 City Street Overlay Program and the transfer of funds as indicated above. Finance Review ent Head Signature C"Y COUNCIL ACTION "EM Fll\llllce Director Source 01 Funds: Bonds (GO/Rev.) Operating Budget Ot Page 101 '-N@RTH RICH LAND HILLS Public Works November 3, 1994 MEMO TO: C.A. Sanford Deputy City Manager FROM: Greg Dickens Public Works Director SUBJECT: STREET RESTORATIVE TECHNIQUES; Cost Comparison The 2" hot mix asphaltic concrete (HMAC) overlay process (including asphalt milling) by a private contractor will cost approximately $4.50 per square yard. This could be higher if the amount of overlay bid is small and therefore the move-in and move-out costs make up a greater percentage of the bid. The same 2" HMAC overlay by City crews will cost approximately $2.98 per square yard. Both the private contractor's price and the City crew price include milling the asphalt adjacent to the lip of gutter. The "Chip Seal" process by a contractor will cost anywhere from $1.00 to $1.50 per square yard, depending on the amount of street you include. The chip seal process causes more work by City crews after the contractor leaves. Complaints of loose chips and asphalt bleeding requires the City to have to pick up the extra stone chips which accumulate in the gutters and sand extra tacky spots within weeks after the project is completed by the contractor. This additional work by our City personnel amounts to approximately $0.25 per square yard. This would cause the effective price for the chip seal process to be $1.25 to $1.75 per square yard. 7301 N.E. Loop 820 P.O, Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581·5521 FAX (817) 656·7503 The heater scarification process which includes asphalt milling, application of rejuvenating agent and al" thick HMAC overlay will cost approximately $3.20 per square yard if totally accomplished by a contractor. If the 1 II thick HMAC overlay is done by City crews (i.e., the Starnes Road test project), the cost would be approximately $2.85 per square yard. A summary table of the street restoration processes is shown below. All processes exclude cost for subgrade repair. This is assumed to be done by the City crews in the few months before the street restorative process is begun. 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W C ::J Q II en -' l- e en 0 X en u I- ------------------------ II II II .- N ,." ~ U'\ II .- .- .- .- .- II ------------------------ CITY OF NORTH RICHLAND HILLS ¡epartment: Public Works Council Meeting Date: '~ Approve City-Developer Agreement for CIP Water System Subject: Improvements with North Ta.mmt Parkway I.td for the Agenda Number: Forest Glenn Addition 2/13/95 PW 95-07 North Tarrant Parkway Ltd. (Developer) is ready to install the water mains which will serve the Forest Glenn Addition. The lO-inch water mains are included as lines P821O, P8214, and P8220 in the Water and Wastewater Impact Fee Study (Study) dated May 4, 1990 by Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement up to a maximum of $148,850.00. Reimbursement is further limited to a percentage of the amount bid, which ever is less. By percentage, the maximum participation allowed is $86,740.59. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 1679, the Developer will be reimbursed 100% of the total eligible costs upon completion and acceptance of the improvements. The final reimbursement amount will be $86,740.59. Fl1ndin~ Source: Sufficient funds are available in the Water Impact Fee Account #02-00-00-0104 to make lump sum reimbursement of $86,740.59 upon completion and acceptance of the water lines (Impact CIP Water Lines P8210, P8214, and P8220). ',,-, Recommendation: The staff recommends Council approve the City-Developer Agreement and authorize the Mayor to sign on their behalf. Finance Review Finance Director Page 1 of I , r - - --- 'T"' ....,''" ~ ..,.."'" "'L~ ~ FOH$t Ge.a~ Afll!ï~ ! '- - -- -~ - "C~~ /è · -......... I lie,.,.).!..; I , ......~; >1)'~F/' 1 I SCAU: ,. . s...· k'11ll t3. [t ~~..~~O' ~ .u.~ JI...J. ~ o~ ~t- r I ...... .. 'D. 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ItIUA . , ~~ ~ ~IT~':;~,~ ~,= U)J. I ~ I ì ..'~ I ~ -=~ " /? 7~~i11 a -- 't".J :.,~~' ~=''¡ ~ æ . \ ~ Z _ Lu « .2.,,'. ~ . ~.., i U.:?r!\D[ ~,-:z GU"". D~': ~ , '¡ j := ; -1-~J UII #k" - -liJ '4!; . 1~~~ _UTT(( ~,~ ' ;r~ I r;t';,... o.J11 t,//,ffr' ~ t _~ 1_".'''' , 6~y I :..- -' ' .7'). ]7:";" '1...'1',) tIlfS"d"ll 9fl8"d"ll SL '"W - - _0 _1<\ -~ _0.: 'Ò ~ ~ ~ ~~ ~,~ o· . O::;~ 10 ,>- -to 'ŒJ ,,;~/~~ \~ ¿~¿';;.II~;;;;", CT. II¡, ", C\J' c:I. 11111."", ~ª ~ ~~O !'I";,',',,,'......... ê '......... i :: _ __,_0 ............,~~ ê 0 > \t 'i :: .::r õ5 0 C\J êN ~ :: 00 C/)< [~ ~~~ l--- LtJlS" d"S -1 \ ~ ~ to 'to I l - J =to 'C\Jr - - I , l.............................. -r'T r í' f [r ,'1 ".11, 1 I .1, ,L..-::-'.,,~ . f'! r! I, I 't": I ,: I I I. '., ~z . ' "1 ,. ," l L S" . JHfI!II.IIIII..III:1I1I1II1I1II1I1II1£I1I1II1 1111111111 , , LILlS d"D l § II L :1 I I ,ê ~ I' .1 I<\§ r-:: N:: OO§ -= a..§ .. = Coª ~ s!:Q ~- , ~~ ~- -, ~- C'-J, ~- ~ - ø ~~ ~~ - a.. ~ r-- ~; to r-,! ('---- I :1 co --' " t. a:> " . ....... ......... (]I (]I to N -J ~ ~i _ 1"'-",....,. '..~. ~ . _~_ _~(I).. ._ r-- (]I to , :i . : '-0:) to_ , _ ;,!J~, ¡"a:> ., : . . .. . . . f r ~ ;.... '-a:> a c C' .",,-to, ex Q - ;; _, f , -<.!> ~~ T . . ,- '" ' -", CITY OF NORTH RICHLAND HILLS, TEXAS CITY -DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That North Tarrant Parkway Ltd., a Limited Partnership, John W. Barfield, General Partner, of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Rich1and Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water system improvements as indicated in the construction documents titles "Forest Glenn Addition, Phases I & II" the Developer and the City hereto agree: 1. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (20%) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 1679, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. WATER AND W ASTEW A TER IMP ACT FEE STUDY dated May 4, 1990; Table W. CIP - 2 Facilities: Eligible Eligible Bid Participation Amount Percent Amount North T::¡rnmt P::¡rkw::¡y: $ 89,952.00 100% $56,728.21 $56,728.21 Forest Glenn to Smithfield (P8210) 10" Water Line, 2200 LF Forest Glenn to $ 21,754.00 59.78% $18,831.62 $11,257.54 East Property Line (P8214) 10" Water Line, 965 LF Forp.~t Glp.nn: $ 17,144 00 100..%. $1 R,714 R4 $lR,714 R4 North Tarrant Parkway To South Property Line (P82211) 10" Water Line 985 LF Total $148,850.00 $94,314.67 $86,740.59 Total Reimbursement $86,740.59 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including åeath) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is here by vested in the City of North Rich1and Hills. 10. Special provisions: None IN WITNESS WHEREOF, the parties to these presents have executed this Contract in 4 ounterparts, each oJ-which shall be deemed an original on this the 3' / day ð ,19--.tJ - NORTH TARRANT PARKWAY, LTD.: STATE OF TEXAS: COUNTY OF TARRANT: This instrument was acknowledged before me on -3/ ¡t¡t/S by John W. Barfield, General Partner of North Tarrant Parkway Ltd, a li Ited Partnership. Commission Expires: (SEAL) ¡~~I TOMMIE SOLOMON ~~i-:.~j; COMMISSION EXPIRES ....<i«('J SEPTEMBER 21,1997 ð~J~ Notary Public Signature Notary Public Printed Name CITY OF NORTH RICHLAND HILLS Mayor Tommy Brown ATTEST: APPROVED AS TO FORM AND LEGALITY Jeanette Rewis, City Secretary Attorney for City CITY OF NORTH RICHLAND HILLS Department: Public Works Ratify City-Developer Agreement for Walkers Branch Channel Improvements, Phase 1 with E-Systems Inc., Pool Trust Council Meeting Date: 2/13/95 Subject: Agenda Number: PW 95-08 The need for additional grading work downstream of the Walkers Branch Channel Improvements, Phase 1 project was not foreseen. Original surveys of the downstream channel in 1987 did not show it to be necessary to grade any further than the south right-of-way (ROW) line of the proposed Watauga Road (approximately 200 feet downstream of the end of the proposed concrete channel liner on this project). The subsequent Watauga Road plans by the Texas Department of Transportation confirmed this. Apparently erosion and sedimentation between then and now has changed the channel flowline. Initial discussions with the project contractor, Larry Jackson Construction Company, Inc., indicated it would cost approximately $12,000 to $88,000 to clear and grade downstream depending on whether they realigned the channel or not. E-Systems wishes to realign and clean up the downstream area and make it more maintainable. The attached agreement calls for E-Systems to get a subcontractor to grade-to-drain downstream of the ongoing Walkers Branch Channel Improvements, Phase 1 project. The agreement states the City will participate in the cost of the grade-to-drain work and realignment of the channel in the amount of $12,000. The City Manager has approved the agreement with E-Systems due to the urgency of the '~~ situation. Funrlinf Source: Sufficient funds are available for transfer from Unspecified Drainage Fund Balance. From: Unspecified Drainage Fund Balance (13-00-00-0128) $12,000 To: Walkers Branch Channel, Phase 1 (13-25-87-6000) $12,000 Recommenrl:::ltion: It is recommended Council ratify this City-Developer Agreement and authorize the Mayor to sign in their behalf. Finance Review Acct. Number Suffi 'ent Funds Available ~ Finance Director Page 1 of CITY -DEVELOPER AGREEMENT STATE OF TEXAS COUNTY OF TARRANT This agreement, made by and between the City of North Rich1and Hills, Tarrant County, State of Texas, hereinafter called "NRH", and E-Systems Inc., Pool Trust, hereinafter called "EST", a Texas Trust, each acting through its authorized representatives. WHEREAS, the City of North Richland Hills (NRH) needs to grade-to-drain downstream of the Walkers Branch Channel Improvements, Phase 1, onto property where permission has not been granted; and WHEREAS, E-Systems Inc., Pool Trust (EST) owns the downstream property and wishes to realign the existing Walkers Branch Channel to the west in a straighter north-south direction. NOW THEREFORE, the parties agree as follows: 1. EST will clear and grade-to-drain a channel from the south end of the proposed channel improvements to be constructed by the Texas Department of Transportation with the Watauga Road Improvements (fxDOT Channel Sta. 10+30) downstream in a southerly direction approximately 1600 feet to a point at the north end of the existing channel section. 2. NRH will provide field surveying to establish grade and alignment for the work to be performed by EST in Item #1. 3. Upon completion of the work and presentation of an invoice by EST, NRH will participate in the cost of the work in the amount of $12,000. 4. By execution of this agreement, EST and its subcontractor receive none of the responsibility or liability for the Walkers Branch Channel Improvements, Phase 1 project currently being constructed by Larry Jackson Construction Company for NRH. 5. Time is very important. EST will make every effort to encourage its subcontractor to being work immediately, weather pennitting, but assumes no responsibility or liability for delays caused by weather and/or construction conditions. 6. NRH will not halt the clearing and excavation work on the new channel alignment. NRH will actively pursue a Section 404 Pennit from the Army Corps of Engineers allowing the old channel to be filled in, and when said permit is granted the new channel must be open and functioning before the old channel and its flood way can receive any fill. Page 1 of 2 IN WITNBlS WHEREOF t:bc partiCl to theIe presents have executed ~;rreement in d~l1cate, '*~ of which shall be deemed an orl¡inal on this the day of ¡-GB~~AÆ . 1951~. B-SYSTBMS INC., POOL 1'RUST ~C lLk.U-- Michael C. I3berhïJi'rnJaue STATB OF TBXAS I COUNTY Of DALLAS I 1biJ instrumem WU ~ before on rEB RUAf¿Y ~ 11'S-bY Michul c. Ebemanlt- TMtee. or :s.systemalnc.. Þool Truat, a Taus Trust, on bebalf of Ai<I Trust. ~-- No1&:)' Public, Sta of Tau - 'el - Commiaion Ikpb..: Notuy'l Printed Name: CITY OF NORTH RICHLAND HILLS. TEXAS Tommy Jhown. Mayor ATrEST; IMJt-", Rewis, City Secmuy APPKOVBD AS TO fOaM AND LBGALITY: RA Mc&1iro, ~y tor the City ....e 2 of 2 . JAN-04-95 WED 08:55 .. .. .......... ........ ....'... .... .. "--, "'.' lJi<t:.lJ~.:' \) ~\\¡\\I ..ut. _~_ .tX~~llj 'J¿:JJ U~'I"AI~ /n-V'~u--' -'.~~"': l ",~~. ~' ' ,'\ ....-')\, , , : r\1.~\ Ie "II', ./~ "Ç.,"~~~ --.-/ /L J/ !? r~- r "1-' ., r \:,\".:..L. ~~ - l~ ,- ¡:..r....7. -~~..... 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I ..-. ,--. · { f 70, - ri I , ~" , . , .,,' , II"'!:: .:... . i'-.... ,l / {>';,>;.,~ ;Y.'f:~~·I' :2) I~~---n~ _I;A'~ '''(~. ~~~ ~/ ~¡'~¡'I~d::Il ~I~' i'~"'~;"'~~~"t'{-,\- --:..~ A -l~~AV'/~_:· ~ø' )~.~~~ ~'~,: /\ ' ~ -t'!,ì'1 ~--~'D\ ~.:J \_.~ I 11.1 _ c"":. ~ " ,,-" I ." '-....1(· :.11\1 ~ '¡~\I' t. .>~J'''' ~I '¡ ,."~:-- ~~,~ œi ~~~~ '.-( )? \ . ~.::/ } <'I..' , ~., .¿¡:: ..¡.¡.~-. -" I . li.. ,[ I.' " # / ,,.:> , · -. ,.'.~ - j I ':"-' , .' 'f '/""'\ \~(/1 /<~~·:~~~~~-;t'\ ,. "\. r 1/) 1 rC1 "~AJ~(~ '":.,! ! ( '- 1< .;.', .~-'''';, ~~. ~.U" ,,~f;.I L.\ ~ · ~~ (' r'_ .I .'~'J ~~kl.> ç ,." ~ --"~ .. "." "\ "'\ ,II "ii/II \. / ", , ,;.1 ~ 1:t,1"':f"~ ("t. 0 s ì _I ...~ ¡,....L..1 ,J . ( ! __'-\~~ ~~~~~~~ ~~ ¿': ~ ~a JJ~( çr~ ~ ~~' I ~~~~ .t»~ ~¡tt~ . ~, "" I~K')~( ENÌiJ,') lA!'~1. /; ~~~ ~I c... ~~ ~.., ""~1 C. ,\'-~1 (\. ;:t~},.. ~ ,.:! ~ì)I.,....._.._~~\~.' ". M~ ~~~_.~ ~ ) <-~.:- f=.- ~~'. - ··\..¡,~·~',zr,¡·,¡;·· 1~"I'-¡~''1I "JY" Iè€t '¥'- J~ ~\ ~~''" ~ i'I' .~ ¡cr.',/.. \ ( £~S'frMJ p s 6~ v- \ ~ V--FemA I ~ I.~ -1~ \' r ~ ........, ~ STA· ~~f ~)~,.. ,¥ '-" , ~ '--- ~, .. .... , .~ir *~~ \ 'to. \. '", !. .'- T T n,. tf MSK \\ .~ T 1,,,t'J / Ú Ii;; " ~L':'~ .... \" 11 I ) è II ' l\ I~~ r'j .../- 'II U -- " ~~. ~.J '-....... ,,"'1(1..' .\ I ' S ~ ~ - ¡.-" 7....fY~~.1 '," I .~,,~, .. / ~ ' ,~D fft.\f I l~... ~AJ.J r '- I'o-,-^. .! ,,/ ~ I"'" .,. V - 't '~'^' L. 1$:r::I ¡ " ¡ lLII c_ r' -,~- ....: ",r,"!' I : !>ML,TlfFle.L-DP-P" I !tH :\ \, \:t~~'"' /,../~\..,(\ "- ¡ I ~ '~ll~~>~:t9i!: A;:.... t'I~~i", '-, \I\~ "~~ -'. - . .- J \ tl\,',·~ /1,.: '·'1-. -,J"~"t ¡.~ t'-..\:.~\ \ '......./.'..-.-......) f\' V : r ('~~~,'"j;I~ 't..'·) \' ~ {">C¡)~ '... 1\ I I ". ~ 1")11 ) 1 .!~)l),\', . -; : .~ ( r~ l> >' (j~ i ' . ',. j '~ \.",~,,', ,.,..~)I '\"'.,:.) "WA~/~(' 'I "Ì'... x';)')~·~:'-" ....-.,.----...~.. j '. \---L"\D'~~d~, '~ r~~ (t ~,:",.I. ~-">-Þ(~"~:, 11 ,'~,.. t ~~ 1 l__._~~,_, '.$,,~'I ~!;~,. .!',$~.i" I' t GIJ' ...-~\ ~... --,-/ "'---'--- . ,I ..... !;I)~.S ___.~r. "'...., .'1'1 " ! l -i--- -:w-;, ' I / ! d ..;:) "", '..' /' . "pt" () ,." KNOWLTON-ENGLISH-FLOWERS FAX NO. 8173544388 P.02 u CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 2/13/95 Su~ect: Repair to Franklin Court Agenda Number: PW 95-09 Franklin Court is a street in the north end of our City. It runs into Shady Grove Road and parallels Gifford Lane. Both of these streets are very old and serve a community of mobile homes, some of which are in poor condition. Water service on Franklin Court is provided by the City of Keller. Water service on Gifford Lane, the adjacent street, is provided by a private water system. All of the mobile homes have septic tanks. Sewer service is not available. Franklin Court is a dedicated street, whereas Gifford Lane is not. Neither of these streets was built to City specifications. Neither have curb and gutter. Citizens on Franklin Court have requested we make some needed improvements. The ditches on both sides of the street need to be cleaned out and regraded because they don't drain properly. Because of the poor drainage, their street is in terrible condition. We are recommending improvements be made as follows: 1) The ditches be regraded so they will drain to Shady Grove Road 2) Replace and regrade the culverts at each mobile home and put crushed stone for their approaches. ~ 3) Repair the street by blading in additional asphalt. Total cost of these improvements is approximately $25,000. Residents of that area would like to see a little more permanent fix. Reconstructing the street with a stabilized base and 2" of hot mix and installing a 6" water line could cost $105,000. Since the project was not budgeted, it is suggested that the $25,000 approach be approved. This can be funded from the Unspecified Street balance. Recommendation: It is recommended that the $25,000. be approved for repair to Franklin Court. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM AnMC8 Director Page 1 of CITY OF NORTH RICHLAND HILLS ,Department: Public Works "-, Approve Final Reimbursement Payment to Subject: Mnhil P1pe T .inp. rnmp~ny fnr Actjn~tmp.nt~ nn Calloway Branch Channel Improvements, Phase II-B Council Meeting Date: 2/13/95 Agenda Number: PAY 95-01 By Resolution No. 92-36, the City has agreed to pay Mobil Pipe Line Company 100% of the cost of adjusting their 8-inch and 16-inch pipelines under Calloway Branch Channel, just north of Map1ewood Avenue. Mobil has spent more than the escrowed amount of $259,600 we paid per PAY 92-06 (7-13- 92). The additional cost of $132,391.99 was stated to be for extra work required due to extensive rock encountered in lowering the pipelines to the required depth. Mobil is stating the total cost of adjustments is $391,991.17. The total cost less the $259,600 escrow equals the amount requested by Mobil of $132,391,99. Fnnctine Snnrcp.: , . } Sufficient funds are available in this project account (13-89-26-6000). Rp.cnmmp.nct~tinn: Staff recommends Council approve fmal payment in the amount of $132,391.99 to Mobil Pipe Line '-- Company for adjustments to their pipelines under Calloway Branch. Finance Review Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget _ ')t r ature CITY COUNCIL ACTION ITEM Page 1 of ~-'" . CITY OF NORTH RICHLAND HILLS ",ubject: Public Works Council Meeting Date: 7/13/92 Approve Reimbursement to Mobil Pipe Lino Company for ArljLJ~tmp.nt~ on Calloway Branch Channel Agenda Number: PAY 92-06 Improvements, Phase II-b. Resolution No. 92-36 ')epartment: Mobil Pipe Line Company's existing 8-inch and 16-inch pipelines will have to lowered where they cross the proposed concrete channel between Maplewood Avenue and Lola Drive. The two lines will be in conflict with the proposed channel flowline if they are not lowered. Mobil has sent us an agreement for the proposed adjustments. The Mayor will need to sign the attached agreement and the City will need to send Mobil $259,600 as escrow before they will begin construction. If ~he cost of adjustments is more, the City will reimburse Mobil. If the cost of adjustments is less, the City will receive a refund. Fundinq Source: The appropriations for this project including the Mobil pipeline adjustments was approved by City Council on August 23,1991 by GN 91-140. The bonds have been sold and sufficient funds are availa ble. Recommendation: The staff recommends Council approve Resolution No. 92-36 and authorize the Mayor to sign in their behalf. COMMENTS: Finance Review Signature CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GO/Rev.) Operating Budget )t~;¡ .'- h - , FInance Dueclo, P::!,,.,. 1 r"If ¡ '~.. . :i<"" ., . .... /-.·:\.~i/:· .. ~., '. . . "'. ~'; . , .~. - ,-.?' . ',. :~ ' .'-' . '.' RES,OLl,JTION NO. 92-;36..' ," ',:' , ' ,',.,.\;,..:.;:;:.;.. ',~:,; ::"<~,:': ,. "'''. . . .... 4 .\~~'~:'~'. . /~,' '.:' '. . - ", ...' '" ,,',"~~/~::'. ..... . /:'·-'~"I;::'.. '. '. . ':' ..:~/...", ." : ',' " " . , ' . . . . .,'.'''::''''. . , . WHEREAS, the City of North Richland Hills will be improving the Calloway Branch channel between Maplewood Avenue and Lola Drive and; WHEREAS, Mobil Pipe Line Company (Mobil) will have to adjust an a-inch and 16- inch pipeline to avoid conflict with this proposed concrete channel liner project, and; WHEREAS, Mobil will require 100% reimbursement from the City for all costs associated with their adjusting these two pipelines -- estimated to cost $259,600 and; , . WHEREAS, Mobil will require $259,600 be escrowed with them prior to any pipeline adjustments being started; BE IT RESOLVED BY the City Council of the City of North Richland Hills, Texas that: , '.'·of·' .'. .' ., . ~,'i"·~:,'~~~2;}'~:;~~~D::,:' :.,¡' ..'. . ..~;..;~:·;Z~,:-:',,\!f~f::' . . -.' '.' .. .';'., , ., . . '. :..;;.. The City of North Richland Hills will reimburse Mobil Pipe Line Company for the total actual cost of the adjustment of the a-inch and 16-inch pipelines across the Calloway Branch channel between Maplewood Avenue and Lola Drive. An amount of $259,600 will be paid Mobil as escrow for the proposed pipeline adjustments. After completion of the pipeline adjustments, a detailed breakdown of the cost will be sent the City with reimbursement for any amount remaining from the escrow or an invoice for the additional costs over the $259,600 escrow. PASSED AND APPROVED this 13th day of July, 1992. APPROVED: , '-. . .! '.' .. ; " . .... :...... ~... I, :. .. ~,'''..::'' :.; . ...., '. "\~~: ....;.~ .~..~..:. 4 ,I.. . ":'.<: , , ~~.. ~ : ~ .1 '. . " ..:,: ',':",: ,ATTEST: ~~t#;~·i'('·\ .: " " .~-:~ . '. . . . :.?:::. .:~ ". '. '. .:, '~'<':',~<'.~ :,;.~·',:i,~":_: '0; .' ,. , . ,.. -~-':'. .~:-~~'. . '.".' 01:, " r' ," ; '!; ~ TO FORM AND LEGALITY: . . ~ .' .... . J . ",' ." '.. ·'1 ,:,- ..';'. -. f. .", ..... ... , ' , . .... " - , .... . ~', j; ::,.; .... ..... -, ~\" -." ,. ;'~\' }~ .. . '. -~ .. ,,'......' " , . :...) .' "( ..":~(: ~~:' f 'II'. <';;. . .~. ......';. Mobil Pipe Line Company P,O, BOX 900 DALLAS. TEXAS 75221,0900 January 23, 1995 Mr. Gregory W. Dickens Director of Public Works city of North Richland Hills P. o. Box 820609 North Richland Hills, Tx. 76182 r~r : ~ 5U ~~J~~ PIPELINE ADJUSTMENT CALLOWAY BRANCH CHANNEL RC-186 & CBC-456 AFE 6444-RP Dear Mr. Dickens: with reference to that certain reimbursement agreement between Mobil Pipe Line Company and The City of North Richland Hills dated June 23, 1992, attached is Mobil Pipe Line Company invoice number M2565-6444 dated December 30, 1994 in the amount of $132,391.99. This amount represents the cost over and above the prepaid estimate. The additional cost resulted from the extra work required due to the extensive rock encountered to get the required depth. Please process this invoice for payment and have the check directed to my attention for proper credit. If you have any questions, please advise. Very truly yours, cc: L. E. Hawthorne D. F. Magallanez M. J. Pursley D. G. Scott lViobil Pipe Line Company P. O. Box 900 Dallas, Texas 75221 December 30, 1994 City of North Richland Hills P. O. Box 820609 North Richland Hills, Tx. 76182 A TIN: Mr. Gregory W. Dickens Director of Public Works Remit to: Mobil Pipe Line Company P. O. Box 900 Dallas, Texas 75221 Attn: Mr. Hurley Jenkins WHEN REMIìT1NG PLEASE REFER TO INVOICE NO, M2565-6444 Cost to reroute approximately 220 feet each of the Keller to Corsicana 8" NGL and 16" Crude Pipelines at MP 82.4 to accommodate the construction of Calloway Branch in the City of North Ranchland Hills. Company Labor $25,632.49 Employee Expenses $16,000.02 Company Vehicles $518.32 Materials $30,156.70 Contract/Purchase Services $254,971.41 other Expenses $1,821.88 Sub- Total $329,100.82 .',,\ Overhead @ 19.11 % $62,891.17 Total $391,991.99 Prepayment ($259,600.00) ~ffiºT.ðJ4:)~gMt"f:::::::::¡~::::::::~::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:~:::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::~:~:::::::~:::~:~:::::::~::::::::'$'f3Z:à9'1::~'g::: Detail breakdown of charges attached. OUTSIDE REFUNDABLE 6-4-4-4-RP 1~ REFUNDABLE BY: CØy 01 North Rlchland Hille DETAJl TO sUPPORT ATTACHED tNV04C£ COfIPIW'f LABOR L E, HawIhome. ConoIr. Su_. - 2~..... @ Z C;; ./4 C.J.0zaeIa:=-7In ~ ~~. ;J." D H OIrrIIII ~na-51n _-:,c::__ ~.~.~~':~~':::. ~ ~Ä:~4 ~:;':S~=~h~~ ~%~~1 In ~·511n Mac:hInW . 31n MachIniot - 36 h~ ellS J Gonzalee S Comba S SumrMr J H IIood _-~11n C. A. Burnell- PI ·21 In. H. R. Trimble 0( . 3a2 h~ J. D. JoMc PI _ - 0421 h~ W hi WeIde<A - 310 In TOTAl CONPIW'f LABOR " ,.., ') Œ .V EMPLOYEE EXPENSES J.LPoweII E.S._k J. H. Boyd D. Comba C. E. Blackmon LD.SiII. H.R.Tri"'¡'¡' J. D. JoMc J. H, Wright D.F.Magalla_ C. A. Burnell O. W. CoIttell LO.1ionM TOTAl EMPlOYEE EXPENSES CONPIW'f VEHIClES Engl_V.!IfcIe 1551-1380 miIee Stopple Truck 1627 . ~ dayo TOTAl COfIPIW'f VEHIClES MATERIAl T.D. WlUlamoon .183448 T. D. WUIIamoon. 185518 T..noferIOO1D02· CoraIaone Shop T,.".,., .10182 . FiIU. T"""er '101S· SIoppIe TronoIer 10011104 -10ft. r pipe T..núerIOO1101· 22ft. r pipe T..nofer 1001103 ·1r & r Bendoo, 1r pipe TronoIer 1001102 ·1r & r Bendoo. r pipe T.....rer .10178· Stopple ~ Red""," PIpe & Supply 1211201 Red""," PIpe & Supply 1211380 Red....... PIpe & Supply 1211183 Red""," Pipe & Supply t2OS44-4 Red...." PIpe & Supply' 210071 Redma" PIpe & Supply' :zœ¡aa DåIe PIpe Selee t069152 DåIe Pipe Salee t067857 Strouba Supply 10056940 Strou"- Supply to0568G1 Pipeline Supply & ServIce t6II378 PIpelIne Supply & ServIce _1~ PIpelIne Supply & ServIce t69623 XoCot 1r1IemaIio<wI1nc. _ TronoIer 1001810· Creel. for .......... no! uoed TronoIer 1001107 . Credit for....- no! uoed TOTAl MATERIAl $603.30 $95.55 S128.69 S775.25 $228.70 $2,713.50 S2~9.00 537 ~2 ,77 1085.18 .13 785.83 ~91 $4-47 .~ $5 391,73 S8 782.55 $5 015.87 S25,832.49 /" S1711,78 S215.20 $32~,10 $211.53 $35.58 $213.82 $-4,086.20 $5,917 ~ 53,289.20 S1,021U7 $92.12 $325,10 $82.23 ./' S18,OOO,02 S330.52 S187,IO $518.32 v,. $9.701.10 S10.112.09 SH8 $213.M S308.38 ;1;.07 $528.00 S7,19O.27 $-4.11~.00 sa.068,85 S602.07 $5-4,oe S182.75 S182,75 $5-4.oe $568.55 $#4.58 sa.14.83 S15O.30 S183.89 S21O.00 $4-47.77 $-417.5-4 S1.13-4,49 ($92U9) /$22.028,13) / $30,158.70 CONTRACT & PURCHASE SERVICES ....1 Renlalt293-471 S139,01 ....1 Renlalt29J$4ð $33.73 ....1 R«åI t2i3812 $45.50 ....1 R«åI ~ $99.20 BJ SetvIcM. 9608 $-4,9$oC.00 SJ s..-v'.:=a ~1 $!I.œ8.œ BowIe Dozer ServIce' 22818 $325.00 Bridgeport Tw Trucb. 187829 S158,M Pipeline Supply & ServIce .70251 S1.035.00 PllfeoIlne ContracIora.12071 S1.&86.75 PllfeoIlne ContracIora 17838 S722,OO PllfeoIlne ContracIora .12378 S2,355.25 cm.ot Pipeline Co,' T252·2 $904.14.00 cm.ot Pipeline Co. tT252·1 S131,965.2~ Bonded Inapec:lIoM Inc. .5372 S1,502.5O Bonded Inapec:IIone Inc, .5-462 $9404.00 Bonded Inapec:IIone Inc. 15420 S1,82O,OO HlM~Inc.t3080 S2,791.1O DåIe Supply Inc.' C0801453 S178,OO J Ranco ConoIrucllon .1890 S1.961,5O TOTAl CONTRACT & PURCHASE SERVICE S2504.971.~1 OTHER EXPENSES Damage P8ymenI Voucher 102158 TOTAl OTHER S1,821.M S1,821.M CITY OF NORTH RICHLAND HILLS Department: Public Works , Approve Final Pay Estimate No. 5 in the Subject: Amount of $112~R 9R to Orval Hall F.x~avat1ne C.O for Browning Drive Paving & Drainage Improvements Council Meeting Date: 2/13/95 Agenda Number: PAY 95-02 This project was awarded by Council on May 23, 1994 (pW 94-16) for $687,135.90 to Orval Hall Excavating Co. Final payment brings the total to $665,179.58, which is $21,956.32 under the contract amount. The savings is mainly from miscellaneous paving and drainage allowance monies not used. The project was substantially completed on November 21, 1994. Contract completion date was January 15, 1995. All final adjustments have been made. Haltom City has no objection to final payment at this time. After final payment is made, staff will begin the process of billing the adjacent property owners their share of the paving based on voluntary assessment agreements. FuncHne Sour~p.: Sufficient funds of $737,200 were previously appropriated by Council action (pW 93-45, 12/13/93 and PW 94-16, 5/23/94). Rp..commp.ncfat1on: Staff recommends Council approve final payment to Orval Hall Excavating Co. in the amount of $33,258.98. Finance Review -.' ~~. :".~~~; Acct. Number 13:",23-11-6000 Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM FInance Director Page 1 of CONTRACTOR'S ESTIMATE PAGE 1 of 1 Estimate No,: 5 & FINAL - "REVISED" Contractor: Jwner: Place: ORVAL HALL EXCAVATING CO, NORTH RICHLAND HILLS NORTH RICHLAND HILLS, TEXAS Date: CaI Days: W.O. Date: Scheduled Completion Date: For Materials Furnished and Labor Performed in Period Enginer: Time Charged Thru Period (Days): 23,Jan-95 220.00 10-Jun-94 15-Jan-95 Project Description: BROWNING DRIVE PAVING & DRAINAGE IMPROVEMENTS PREVIOUS THIS UNIT NO. DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT 1 Unclassified Street Excavation 33,954.00 34,145.00 0,00 34,145.00 2.20 75,119.00 2 Unclassified Channel Excavation 4,415.00 6,285,00 0.00 6,285.00 5.30 33,310.50 3 Controlled Density Embankment 6,500.00 6,500.00 0.00 6,500.00 0.65 4,225.00 4 Lime Stabilized Subgrade 9,685.00 10,137.00 0.00 10,137.00 1.40 14,191.80 5 Lime 194.00 202.92 0.00 202.92 77.70 15,766.88 6 Concrete Paving -6" Thick 9,216.00 9,375.00 0.00 9,375.00 15,30 143,437.50 7 Reinforced Concrete Curb 4,240.00 4,033,00 0.00 4,033.00 0.80 3,226.40 8 Item Deleted Deleted 0.00 0.00 0.00 0,00 0.00 9 20' Curb Inlets 2.00 2.00 0,00 2.00 2,800.00 5,600.00 10 10' Curb Inlets 2.00 2.00 0,00 2.00 1,700.00 3,400,00 11 24" Class III RCP 72,00 72.00 0.00 72,00 32,40 2,332,80 12 30" Class III RCP 72.00 72.00 0,00 72.00 40,50 2,916,00 13 Extend Manholes to Grade 12.00 20.00 0,00 20.00 200.00 4,000.00 14 Adjust Manholes to Grade 2.00 3.00 0.00 3.00 310.00 930.00 15 Adjust Valve Boxes to Grade 2,00 1.00 0.00 1.00 290.00 290,00 16 9 BBL 12'X11' Box Culvert 1,00 1.00 0.00 1.00 213,000.00 213,000.00 17 18" Grouted Rock Rubble RipRap 4,089.00 4,089.00 0.00 4,089,00 27.60 112,856.40 18 Guard Rail wfTerminal End Pieces 948.00 355.00 0.00 355,00 12,50 4,437,50 19 Trench Safety Systems 148.00 148.00 0.00 148.00 4,80 710.40 20 Mobilization 1.00 1.00 0.00 1.00 22,600.00 22,600.00 21 4" Diameter Yellow Non-reflective Traffic Buttons 848,00 820.00 0.00 820.00 2.50 2,050,00 22 Type 11M "Amber" Pavement Marker 214.00 208.00 0.00 208.00 3,00 624,00 23 Miscellaneous Paving Allowance 1,00 0.00 0,00 0.00 20,000.00 0.00 24 Miscellaneous Drainage Allowance 1.00 0.00 0.00 0.00 10,000.00 0.00 25 Saw Cut for Removal of Existing Asphalt and Concrete 37,00 37.00 0.00 37.00 4.20 155.40 .------------------------------------------------------------------------------------------------------------- Field Verification of Job Conditions and Confirmation of Pay Quantities By7~ (Owner's Project Representative) - -- DATE: I~ ð '::) - 1 ~ Submitted By: ORVAL HALL EXCAVATING CO. BY: ~~ DATE: (Contractor) /-2.?-~ -------------------------------------------------------------------------------------------------------------- Original Contract 687,135,90 Total.......................... Less Percent (0%) Retained..... Difference..................... Plus (%) Materials on Hand..... Total.......................... Less Previous Payments......... Difference Due this Estimate... (Note:Pay Last Amount Shown) 665,179,58 0.00 665,179,58 0,00 665,179.58 631,920,60 -, ((~/ -------------------------------------------------------------------------------------------------------------- Total Earnings(lnc. Retain.): $ 665,179,58 Time Charged Thru This Period: Bid: 687,135.90 Time: 220 Percent: Percent: 97%