HomeMy WebLinkAboutCC 1994-06-27 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
JUNE 27, 1994 - 6:30 P.M.
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820.
NUMBER ITEM ACTION TAKEN
1. IR 94-93 Sewer Line Construction from Highway 26 to
Booth Calloway Road (5 Minutes)
2. IR 94-95 City Council Tour of Other Council Chambers
(5 Minutes)
3. GN 94-68 Garbage Billing for Waste Management, Inc.
(Agenda Item No. 13) (5 Minutes)
4. GN 94-73 Ordinance Approving TU Electric's Four
Proposed New Tariffs - Ordinance No. 1992
(Agenda Item No.17) (5 Minutes)
5. GN 94-74 Lease, Construction and Joint-Use Agreements
between BISO and North Richland Hills for
Recreation/Athletic Facilities (Agenda Item No.
18) (10 Minutes)
6. PU 94-48 Land Acquisition - Little Bear Creek Phase II
(Agenda Item No. 19) (5 Minutes)
7. IR 94-96 Possible Work Session - CIP Bond Committee
8. Other Items
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NUMBER ITEM ACTION TAKEN
9. *Executive Session (15 Minutes)
a. Personnel
b. Briefing on Pending Litigation
c. Review of Progress on Land Acquisition
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.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
JUNE 27,1994
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.
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Minutes of the Regular Meeting
May 23, 1994
5. Minutes of the Special Meeting
June 16, 1994
6. Presentations by Boards &
Commissions
1. Capital Improvements Bond
Committee Report
2. Park and Recreation Board
Minutes
7. Presentation of ''Yard of the Month"
Awards
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NUMBER ITEM ACTION TAKEN
8. Presentation of "Landscape of the
Month" Award
9. Removal of Item(s) from the Consent
Agenda
10. Consent Agenda Item(s) indicated by
Asterisk (12,13,14,15,16,17,18,
19, 20, 21, 22, 23, 24, 25, 26 & 27)
11. PZ 94-09 PLANNING & ZONING - PUBLIC
HEARING - Request of Marshall Curry
for a Special Use Permit for a
Personal Care Home on Lot 13, Block
7, North Hills Addition - Ordinance No.
1990 (Located at 3543 Reeves Street)
*12. PS 94-18 Request of Richland Hills Church of
Christ for Replat of Block 7, Meadow
Lakes Addition (Located in the 6200
Block of Northeast Loop 820)
*13. GN 94-68 Garbage Billing for Waste
Management, Inc. (Tabled at the June
13th Council Meeting)
*14. GN 94-70 Community Services - Reorganization
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NUMBER ITEM ACTION TAKEN
*15. GN 94-71 Appropriation for TRA Oebt Service -
Walker/Calloway Sewer Project
*16. GN 94-72 Interlocal Agreement for Radio
Maintenance - Resolution No. 94-28
*17. GN 94-73 Ordinance Approving TU Electric's
Four Proposed New Tariffs-
Ordinance No. 1992
*18. GN 94-74 Lease, Construction, and Joint-Use
Agreements between BISO and North
Richland Hills for Recreation/Athletic
Facilities
*19. PU 94-48 Land Acquisition - Little Bear Creek
Phase II
*20. PU 94-49 Ratify Purchase of Property for City
Hall Expansion Project - Lot 8, Block
32, Richland Terrace Addition
*21. PU 94-50 Award Bid for Mid-size Sedan
*22. PU 94-51 Award of Bid for Richfield Park
Irrigation
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NUMBER ITEM ACTION TAKEN
*23. PU 94-52 Award of Bid for Adventure World
Restroom Building
*24. PW 94-21 Approve Reimbursement to ARCO for
Pipeline Adjustments on Strummer
Orive Improvements - Resolution
No. 94-27
*25. PW 94-22 Award of Bid for Traffic Signalization
at Watauga Road and Tecnol
Boulevard
*26. PAY 94-12 Approve Final Pay Estimate No. 18 in
the Amount of $34,615.68 to J.L.
Bertram Construction & Engineering,
Inc. for Bursey Road Paving &
Orainage Improvements
*27. PAY 94-13 Approve Final Pay Estimate No. 11 in
the Amount of $123,197.86 to Orval
Hall Excavating Co. for Calloway
Branch Channel Improvements,
Phase II-b
28. Citizens Presentation
1. Reverend Steve Bontrager
North Richland Hills Foursquare
Church
2. Mr. Claude Shackelford
Re: Drug Awareness
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NUMBER ITEM ACTION TAKEN
29. Adjournment
POSTED
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Date
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Time
City Secretary
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 94-91
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June21,1994
Tarrant County Auto Theft Task Force
In February 1993, when permission was sought from the North Richland Hills City
Council to participate in the Grant establishing an Auto Theft Task Force, members of
the Council requested information be provided, permitting them to track the progress of
this group.
The attached four page report was recently received from Jerry McCurry, Commander
of the Task Force, detailing the third quarter of grant year 1994 (March - May). It is
forwarded, in its entirety, in compliance with the request detailed in paragraph one.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS
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6815 MANHATTAN. '310
FORT WORTH, TEXAS 76120
OFFICE (817) 446-6693
METRO (817) 654 ·9908
FAX (817) 446·0717
TARRANT COUNTY AUTO THEFT TASK FORCE
DATE: June 16, 1994
TO: Board of Governors
FROM: cy,I'Jerry McCurry
RE: Update
The Automobile Theft Prevention Authority conducted their first
aUdit/review of our operations. Their new Director of Field
Operations, Mr. Gus De La Rosa, was here on the 13th and 14th.
During his visit he spent time with both our county auditor and the
purchasing agents we deal with. He reviewed our operation inside
and out. He reviewed our records of equipment and property, salary
reimbursements, purchases, and statistics. Copies of our imprest
funds operating procedures were furnished to him. He visibly
inspected all three of our facilities including our offices,
outdoor storage facility, storage warehouse, and the seized
property and equipment they contain. He participated in our weekly
unit meeting and in some field work. Upon leaving he reported that
he was impressed with our program and that he found no weaknesses.
He cited our major strengths as:
Maior strenqths
I. Administrative files for maintaining accountability of:
- office operations
- personnel records
- property purchases and accountability
- budget administration
- auto theft investigations
II.
Established procedure with Tarrant County Auditor for
the expenditure of grant funds
III.
Interlocal agreement
IV.
Property records and accountability
V.
Coordination with various municipalities for
reimbursement of funds
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VI. storage lot, warehouse for storage of recovered
vehicles and seized property
Recommendations:
Tarrant County Auto Theft Task Force is well
established and shows a significant impact in
reduction of auto theft.
Weaknesses: None
A copy of the formal report will be sent to you when it arrives.
A copy of our third quarter progress report is included.
Our new grant application is due in Austin on July 20th. We will
have ours there a couple of ~eeks prior. We will make some minor
revisions which will be sent to you.
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6815 MANHATTAN, '310
FORT WORTH, TEXAS 76120
OFFICE (817) 446-6EII3
METRO (817) 654-9908
FAX (817) 446-07t7
TARRANT COUNTY AUTO THEFT TASK FORCE
DATE:
June 16, 1994
TO:
Linda Young
Executive Director, ATPA
FROM:
~vJerry McCurry
U Commander, TCATTF
RE:
Progress Report
During the third quarter of grant year 1994 (March - May) our
personnel were busy conducting very thorough inventories of both
our equipment and seized property. We also spent much time
preparing for our first aUdit/review by the A.T.P.A. and our
participation in our first multi-agency auction. (Both of these
events actually occurred in June and will be discussed briefly at
the end of this report).
All officers involved in the Carl Hall shooting case were
exonerated by the Grand Jury.
Four of our personnel attended a school in Boston and learned much
about marine thefts. (Only three used ATPA funds to attend).
Texas is a leader in the number of boat thefts in the U.S. but few
auto theft investigators possess knowledge of the topic. Few
stolen boats are recovered. The knowledge gained should benefit
us.
Our local Board of Governors has approved the addition cf the
Grapevine Police Department into our task force. They will provide
the court investigator that you approved some time ago. (This
position will hopefully be able to serve as our property
coordinator as well).
A new inter local agreement is being executed among the
participating agencies.
We are currently expanding our efforts to educate the public in
auto theft and about A.T.P.A. projects statewide by giving
presentations at civic groups, etc.
The prosecutors recently obtained a 99 year sentence of a habitual
auto thief.
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We began preparations to host an extensive week long auto theft
school in the fall for the metroplex agencies.
OUR QUARTERLY STATISTICS
Felony Arrests
Misdemeanor Arrests
Total Arrests
19
-2
26
criminal Cases Filed
13
Search Warrants Executed
2
Agency Assists
63
Stolen Vehicles Recovered
(Whole)
(stripped)
Value
43
34
9
$288,455
Asset Seizure Cases Filed
Estimated Value
18
$115,859
Chop Shops Located
3
Surveillances Conducted
Surveillance Locations
34
13
Inspections: Vehicles
Locations
905
218
Programs Presented
Training Hours Given
Presentation Attendance
13
48
426
Schools Attended
Training Hours Received
3
109
six vehicles, tools, and custom wheels were sold at auction for a
little over $21,000. Many more tools and several more vehicles had
to be pulled from the auction as our attorneys determined that all
of the judgments issued by the J.P. Courts under Chapter 47 are
questionable. Each case will be re-heard. (The J.P.'s were using
wordage in their judgments that merely gives possession, not
ownership! This wordage is from their J. P. handbook which is
apparently in use statewide).
Our first ATPA audit/review by your new director of field
operations Mr. Gus De La Rosa was complete yesterday. I want to
compliment you on your selection of Gus for the position. He is
very pleasant to deal with and he was as thorough as he could be in
the two days he was here.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. lR 9+094
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June 27, 1994
Household Hazardous Waste Collection Event
On June 16, the City of Fort Worth held a planning session for a
county-wide household hazardous waste collection event. Attendance
for the session was very good with most Tarrant County cities
expressing a desire to participate in the event. The tentative
date and location of the event is october 29, 1994 at the Tandy
Center parking lot.
The City of Fort Worth will now issue a Request for Proposals for
hazardous collection services. These proposals will be reviewed by
Fort Worth in late July. Final funding requirements will be
determined by the end of August. Each entity choosing to
participate will be required to confirm its participation through
the adoption of an inter-local agreement by september 15, 1994.
The approval of the inter-local agreement will confirm
participation by this city.
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Planning for all operational aspects of a county-wide collection
event will be undertaken by a joint committee made up of
representatives from all participating entities.
Respectfully submitted,
--1PJ
Thomas Powell
Assistant Director Management Services
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS. TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR 94-93
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Date: June 27, 1994
Subject: Sewer Line Construction from Highway 26 to Booth Calloway
Road
Previous action by the Council ratified the purchase of pipe and the
rental of equipment to parallel an existing sewer line. This
construction goes from the north entrance of the mall at Highway 26
across the mall parking lot and Calloway Branch and extends to Booth
Calloway Road. This job is being done by our own construction crew
under the direction of David Smyth. We anticipated approximately 45
days to complete this proj ect . However, this past week we have
encountered almost solid rock. Progress is very slow and could take as
long as three months. Under the emergency powers granted to the City
Manager we have rented a rock trenching machine at a cost of $10,000.
This rental will give us the machine long enough to trench across the
north entrance of the mall. Approximately $43,000 will rent this
machine to complete the entire job. We will discuss this situation on
Monday night.
4IÞ Respectfully submitted,
!f1::t:-
Deputy City Manager
CAS:ph
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No.
IR 94-95
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Date:
June 27, 1994
Subject:
City Council tour of other Council Chambers
On Tuesday, June 21, 1994, the City Manager, Deputy City Manager,
Assistant City Manager and the Assistant Management Services
Director accompanied the architect for the City Hall expansion on
a tour of three other City Council chambers. This tour included
the Council chambers for the cities of PIano, Carrollton and
Farmers Branch.
The features and options available in designing a modern day
Council chamber are too numerous to attempt to identify in a
written document. It is felt that the only way for this Council
and Mayor to make a totally informed decision about the options and
features they wish to see included in our new facility is to tour
some of the newer facilities and see, first hand, what is
available.
We are requesting that the Mayor and Council permit staff to
arrange a half-day tour of these facilities as soon as possible.
The architect is in the design stages of the contract and your
input in this area is vital.
Staff request that the Mayor and Council establish a date and time
that a majority of them would be available for a tour of this type.
We will arrange transportation and scheduling based on the number
of Council members indicating they will be able to attend.
Respectfully,
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Randy Shiflet
Assistant City Manager
ISSUED BYTHE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No.
IR 94-96
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Date:
June 27, 1994
Subject:
Capital Improvements Bond Committee Report
Attached is the report submitted by the 1994 Bond Committee. The
report outlines the committees' recommended propositions and
details what would be accomplished with the passage of each. The
report also provides recommendations for the Mayor and Council
regarding the timetable for proceeding with the Bond proposals.
Special appreciation should be given to the Committee members,
listed on the last page, for their foresight and diligence in
assessing the needs of the City in these areas and recommending
these proposals for consideration by the citizens of North Richland
Hills.
The Committee members took time out of their personal schedules to
attend five meetings and participate in two bus tours of the City
to see needs first hand.
It is requested that the City Council consider setting a work
session in the near future to discuss the items presented in this
report.
Respectfully,
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Randy Shiflet
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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June 10, 1994
Mayor and Council
City of North Richland Hills
7301 N. E. Loop 820
North Richland Hills, Texas 76180
RE: 1994 Bond Committee Report
Dear Mayor and Council:
On behalf of the 1994 Bond Review Committee I hereby submit our recommendation to you
for calling an election for voter approval of the sale of general obligation bonds in the City
of North Richland Hills. After meeting since February 1994 our committee has evaluated the
various needs regarding capital improvements in our City and offer the following:
Proposition #1 Streets $17,570,000
Proposition #2 Drainage $ 1,725,000
Proposition #3 Public Safety $ 1,975,000
Please allow me to briefly summarize what each proposition would accomplish:
Streets and Draina&e
The attached report from Knowlton-English-Flowers dated May 24, 1994 is our final
recommendation for all streets and drainage projects. Two bus tours were conducted by the
committee to get a personal view and perspective of the street and drainage needs in our City.
What began as over $34,000,000 in needs has been prioritized to the recommended amount of
$17,570,000 for streets and $1,725,000 for drainage projects. Highlights of the proposal include:
*
Rufe Snow
$ 3,537,000
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Holiday Lane
$ 2,710,000
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Page Two
1994 Bond Committee Report
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Collector Streets,
4 Lane Undivided
$ 3,050,000
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Collector Streets (C2U)
$ 5,321,000
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Residential Streets
$ 2,652,000
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Traffic Signalization
$ 300,000
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Big Fossil Creek -
2 erosion projects
$ 1,120,000
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Calloway Channel
$ 865,000
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Walkers Branch
$ 1,000,000
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Little Bear Tributary
$ 240,000
In ranking the street needs the committee prioritized which major thoroughfares and collectors
needed upgrading and would have the most positive impact on traffic flow in the City. The
residential streets were individually graded and prioritized as shown on the attachment. The
drainage projects were prioritized by evaluating which project would protect the most property
from flooding and erosion. We were not made aware of any homes that currently experience
flood waters in the house. The drainage projects listed above total $3,250,000 in estimated
costs. However, we were advised by your staff that $1,500,000 in savings remains in
authorized bonds from 1985 which can be reallocated to cover all but $1,725,000 of these costs.
I would also like to point out that the Collector Streets, four lane undivided category includes
an arbitrarily estimated $1,000,000 for city participation in the cost of extending Bursey Road
from Smithfield Road to Ember Oaks Drive; and Smithfield Road from Green Valley Road
to Shady Grove Road. At the suggestion of your staff, this amount was included to provide
leverage for negotiating to encourage the extension of these streets by developers. If developers
initiate these streets within the 5 to 8 years planned to be covered by this program,
substantially less than $1,000,000 will be required. If however, the City initiates the projects,
which will require purchase of right of way and levying assessments, the $1,000,000 allocation
will not be sufficient. A total cost of $2,437,000 would be required under this alternative
($573,000 for Bursey and $1,864,000 for Smithfield).
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Page Three
1994 Bond Committee Report
Public Safety
The City Staff did not originally propose any capital needs outside of streets and drainage, but
several committee members during the early stages of our deliberations expressed a desire to
include possible public safety needs that can be addressed at this time. Items we recommend
to include in the bond package are:
* Police/Fire Property Storage Building $ 1,400,000
* Upgrade Opticom System $ 300,000
* Early Warning Siren System Upgrade $ 200,000
* Fire Training Improvement $ 75,000
This total package of $1,975,000 may need further evaluation of the building construction cost
estimates. Even though the committee feels strongly that these projects are warranted and
necessary, we encourage some review of construction costs before presented to voters.
The 1994 Bond Review Committee also recommends the following to the Mayor and Council
regarding the 1994 Bond Proposal:
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Election to be held in September
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Cable TV production of informational shows explaining capital needs
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Newsletter to outline recommendations from committee
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Speakers Bureau made up of Committee Members to make presentation to
civic clubs, churches, business groups, etc...
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The Committee unanimously agreed to allow our names and phone numbers to
be in the newsletter publication to answer questions citizens may have
e Page Four
1994 Bond Committee Report
This committee has worked diligently to plan for the future needs of North Richland Hills and
believe this bond proposal will meet those needs and respond to growth demands over the next
5 to 8 years.
We thank you for the opportunity to serve our City and stand ready to assist in the education
and promotional process of this project.
Sincerely,
1994 Bond Review Committee
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Richard Davis
Chairman
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Members:
Sandy Bartek
Clint Blackmon
Doug Blue
Charles Brinkley
Ed Brock
Joe Coulson
Gregory Douglas
Joe Hallford
Jim Kemp
Sandy Kenna
Rick Landers
Pat Marin
Cindy Martin
Marlin B. Miller
Charles Owen
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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 - JUNE 13,1994 -7:30 P.M.
1.
CALL TO ORDER
Mayor Pro Tem Wood called the meeting to order June 13, 1994 at 7:30 p.m.
ROLL CALL
Present:
Lyle E. Welch
Mack Garvin
Mark Wood
Jo Ann Johnson
Ray Oujesky
Byron Sibbet
Councilman
Councilman
Mayor Pro Tem
Councilwoman
Councilman
Councilman
Staff:
Rodger N. Line
Randy Shiflet
Jeanette Rewis
Rex McEntire
Greg Oickens
City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
Absent:
Tommy Brown
Linda Spurlock
C.A. Sanford
Mayor
Councilwoman
Oeputy City Manager
2.
INVOCATION
Councilwoman Johnson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
MINUTES OF THE SPECIAL MEETING MAY 19,1994
APPROVED
Councilman Oujesky moved, seconded by Councilman Welch, to approve the minutes
of the Special Meeting May 19, 1994
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June 13, 1994
Page 2
Motion carried 3-0; Councilmen Garvin and Sibbet abstaining due to absence from the
meeting.
5.
MINUTES OF THE REGULAR MEETING MAY 23, 1994
APPROVED
Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve the
minutes of the May 23,1994 meeting.
Motion carried 5-0.
6.
PRESENTATIONS BY BOARDS & COMMISSIONS
PRESENTATION OF AWARD TO JANE DUNKELBERG _
BEAUTIFICATION COMMISSION
Mayor Pro Tem Wood presented Ms. Ounkelberg with a plaque expressing appreciation
for her volunteer work in the areas of beautification.
LIBRARY BOARD MINUTES
No action necessary.
7.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Welch removed Item No. 16 from the Consent Agenda.
8.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(10, 13, 14, 15, 17, 18, 19,20,21, 22, 23, 24 & 25)
APPROVED
Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve the
Consent Agenda.
Motion carried 5-0.
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June 13, 1994
Page 3
9.
PZ 94-10 PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE ZONING ORDINANCE NO. 1874
REGARDING GRAND OPENING SIGNAGE AND SIGN PERMIT FEES _
ORDINANCE NO. 1987
APPROVED
Mayor Pro Tem Wood opened the Public Hearing and called for anyone wishing to
speak in favor to come forward.
There being no one wishing to speak Mayor Pro Tem Wood called for anyone wishing
to speak in opposition to come forward.
There being no one wishing to speak Mayor Pro Tem Wood closed the Public Hearing.
Councilwoman Johnson moved, seconded by Councilman Sibbet, to approve
Ordinance No. 1987.
Motion carried 5-0.
*10.
PS 94-17 REQUEST OF RICHARD TORRES
FOR FINAL PLAT OF LOT 16, BLOCK 8A,
RICHLAND HEIGHTS ADDITION
(LOCATED AT 4212 BOOTH CALLOWAY ROAD)
APPROVED
11.
PS 94-28 REQUEST OF TEJAS TESTING TECHNOLOGY
FOR FINAL PLAT OF LOT 3, BLOCK 2,
COLLEGE CIRCLE SHOPPING CENTER ADDITION
(LOCATED IN THE 5900 BLOCK OF DAVIS BOULEVARD)
APPROVED
Councilman Garvin moved, seconded by Councilwoman Johnson, to approve PS 94-28
subject to the comments of the Planning and Zoning Commission.
Motion carried 5-0.
12.
GN 94-64 APPOINTMENTS TO BOARDS/COMMISSIONS
APPROVED
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June 13, 1994
Page 4
Councilman Oujesky moved, seconded by Councilman Sibbet, to approve GN 94-64.
Motion carried 5-0.
*13.
GN 94-65 TARRANT COUNTY AUTO THEFT
TASK FORCE INTERLOCAL AGREEMENT -
RESOLUTION NO. 94-26
APPROVED
*14.
GN 94-66 CONSIDERATION OF AMENDING THE
BUILDING CODE ORDINANCE NO. 1813 REGARDING
SIGN PERMIT FEES AND CONSTRUCTION SITE REFUSE _
ORDINANCE NO. 1988
APPROVED
*15.
GN 94-67 APPOINTMENT OF MUNICIPAL COURT CLERK
APPROVED
16.
GN 94-68 GARBAGE BILLING FOR WASTE MANAGEMENT, INC.
TABLED
Councilman Welch moved, seconded by Councilman Sibbet, to table GN 94-68 for
further study.
Motion carried 5-0.
*17.
GN 94-69 VACATE A PORTION OF AN EXISTING
UTILITY EASEMENT ON LOT 22, BLOCK 10,
MEADOWVIEW ESTATES-
ORDINANCE NO. 1989
APPROVED
*18.
PU 94-42 AWARD BID FOR PVC PIPE FOR
THE CALLOWAY BRANCH 21" PARALLEL SEWER PROJECT
APPROVED
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June 13, 1994
Page 5
*19.
PU 94-43 AWARD BID FOR CONSTRUCTION
OF MANHOLES FOR THE CALLOWAY BRANCH
21" PARALLEL SEWER PROJECT
APPROVED
*20.
PU 94-44 AWARD BID FOR TANDEM AXLE TRUCK
APPROVED
*21.
PU 94-45 AWARD BID FOR MISCELLANEOUS BUILDING REPAIR
APPROVED
*22.
PU 94-46 AWARD BID FOR COMPUTER HARDWARE
AND SOFTWARE FOR NETWORK UPGRADE
APPROVED
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*23.
PW 94-20 APPROVE STATE OF TEXAS
STANDARD UTILITY AGREEMENT NO. U-7740
FOR INTERSTATE HIGHWAY 820 INTERCHANGE PROJECT-
RESOLUTION NO. 94-25
APPROVED
*24.
PAY 94-10 FINAL PAYMENT TO AYS CONSTRUCTION, INC.
FOR NORICH PARK PLAYGROUND CONSTRUCTION
APPROVED
*25.
PAY 94-11 PAYMENT FOR ENGINEERING SERVICES
FOR WATER AND SEWER SYSTEM
APPROVED
26.
CITIZENS PRESENTATION
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MR. DAVID MAYORGA
RE: CHIP SEAL PROJECT
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June 13, 1994
Page 6
Mr. Mayorga appeared before the Council. He advised he represented the residents in
his area and advised of their dissatisfaction of the chip seal project that had been done
in the neighborhood.
The following also appeared in opposition to the chip seal project:
JoAnn Privett, 8205 Irish Orive
Terry King, 8009 Irish Drive
Carl Popek, 5360 Colorado
Mike Kaiser, 5352 Lynda Court
Mike Sims, 5541 Misty Meadow
Staff advised that excessive gravel would be picked up and some areas would be
sanded. In time as the mixture settled, there should not be the excess gravel and tar.
27.
ADJOURNMENT
Mayor Pro Tem Wood adjourned the meeting.
Mark Wood - Mayor Pro T em
ATTEST:
Jeanette Rewis - City Secretary
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MINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCil OF THE CITY OF NORTH RICHLAND HillS,
TEXAS, HELD AT ERNIE'S RESTAURANT, 8206 BEDFORD
EUlESS ROAD, NORTH RICHLAND HillS
JUNE 16, 1994 - 6:30 P.M.
CAll TO ORDER
Mayor Brown called the meeting to order June 16, 1994 at 6:30 p.m.
ROll CAll
Present:
Tommy Brown
lyle E. Welch
Mack Garvin
Mark Wood
Jo Ann Johnson
Ray Oujesky
Byron Sibbet
Linda Spurlock
Mayor
Councilman
Councilman
Mayor Pro Tem
Councilwoman
Councilman
Councilman
Councilwoman
Staff:
Rodger N. Line
C.A. Sanford
Randy Shiflet
City Manager
Deputy City Manager
Assistant City Manager
Absent:
Jeanette Rewis
Rex McEntire
City Secretary
Attorney
1.
PU 94-47 REJECT BID OF THE CUTTING EDGE AND
AUTHORIZE STAFF TO REBID FOR RIGHT-OF-WAY
CONTRACT MOWING
Mayor Pro Tem Wood moved, seconded by Councilman Sibbet, to approve the bid of The Cutting Edge in the
amount of $53,799 for a seven month period for right-of-way mowing.
Motion carried 7-0.
2.
ADJOURNMENT
Mayor Brown adjourned the Special Council Meeting.
Tommy Brown - Mayor
A lTEST:
Jeanette Rewis - City Secretary
e
'..
-
e
MINUTES OF THE PARKS AND RECREATION BOARD
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE COMMUNITY SERVICES COMPLEX -
LIBRARY BOARD ROOM - 6720 NORTHEAST LOOP 820
MAY 3,1994 - 6:30 P.M.
ATTENOANCE
Present:
Oon Tipps
Sharon Battles
J. Oouglass Davis
Bobbie Lambert
Pam Jackson
Ann Perchard
Oenny Stout
Chairman
Vice Chairwoman
Board Member
Board Member
Board Member
Board Member
Board Member
Staff:
Jim Browne
Bill Thornton
Sharon Oavis
Christina Lopez
Oirector of Community Services
Parks/Public Grounds Manager
Assistant Recreation Superintendent
Secretary
Absent:
Rick Work
Board Member
1.
CALL TO ORDER
M~: Tipps called the meeting to order May 3, 1994 at 6:34 p.m.
2.
APPROVAL OF THE MINUTES
Mr. Davis made a motion, seconded by Ms. Perchard, to approve the minutes of the April
4, 1994 meeting as amended. Motion carried 6-0.
3.
PARKS, PUBLIC GROUNDS, AND CIP REPORTS
Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and
special projects covered by both divisions.
The Aquatic Park Phase 1 construction which includes the parking lot, entry drive, site
grading and underground sewer work will begin the week of May 9. Phase 2 will include
the remainder of the park.
Mr. Tipps was concerned about the Adventure World put together days. He was
wondering where the volunteers are coming from. Ms. Perchard is helping the Adventure
World Committee by coordinating the volunteers. Mr. Browne told him that some of the
Parks Oivision s'taff will be there to help. Mr. Tipps sent letters to the clubs at Richland
High School asking for volunteers. Ms. Perchard informed Mr. Tipps that all volunteers
must be 18 years of older to help with the construction due to liability reasons but that any
one wanting to help can by serving food and beverages. The Ribbon Cutting Ceremony
is scheduled for Sunday, June 5.
Mr. Browne informed the Board that the Oepartment did not receive the ISTEA
Enhancement Grant for the Bedford-Euless Road project but there would be another call
for projects at a later date and the department could resubmit the grant. In the meantime
staff can go ahead and start on the screening wall, berming, trees, and brick or masonry
wall and add the trail at a later date, if Council desires.
The North Electric Trail was approved for funding in the amount of $585,000 from the
ISTEA Enhancement Grant Program.
" .. The Congestion Mitigation and Air Quality (CMAQ) Grant has been recommended for
funding by the North Central Tarrant Council of Government in the amount of $4,800,000,
the City's match would be approximately $1,000,000. The final decision will be made by
the Regional Transportation Council in a few weeks. The CMAQ Grant will help in
reducing air pollution and encouraging an alternative mode of transportation such as
bicycling.
4.
RECREATION, ATHLETICS, AND SENIOR ADULT REPORTS
Ms. Oavis provided a report of activities in recreation, athletics, and senior adult services.
,
Staff is currently working on a Pilot Program with the NE Human Services Project at North
Richland Middle School. Ms. Loftice is working on finding grants and sponsors. The
program would be staffed by school staff, city staff and volunteers. Mr. Tipps feels we
need to study summer school programs further to help keep children busy. Staff will try
to implement the program with the 94/95 school year.
5.
OTHER ITEMS NOT ON AGENDA
There has been some interest expressed by the City Council to see about getting involved
in the inline street hockey program, possibly using a small piece of property located by the
Fire Administration building on Oick Fisher Orive. Staff would like to see how this program
develops.
e
"..
e
e
Mr. Tipps complimented staff on how nice and polite staff is in the Community Services
Oepartment. He also felt the Family Aquatic Park Ground Breaking Ceremony was a
success.
Ms. Perchard complimented Vickie Loftice on her work with the Adventure World Expo,
everything was torn down and put back in its place by 7:00 p.m.
Ms. Jackson congratulated Mr. Browne and his staff on receiving the "Gold Medal Award",
"Lone Star Programming Award", "Young Professional Award" and "Service Club Award"
from the Texas Recreation and Park Society. The Oepartment will be acknowledged at
the City Council meeting on Monday.
The Adventure World Expo brought in approximately $10,000 to $12,000 dollars to go
towards the construction of Adventure World.
6.
ADJOURNMENT
Mr. Oavis made a motion, seconded by Ms. Battles, to adjourn the meeting at 7:30 P.M.
Motion carried 7-0.
¡J)d/1 -
Don Tipps, Ch~
ATTEST:
,
Qkui\l4
Chrislina LopeZ:- e~
'.
CITY OF
NORTH RICHLAND HILLS
Department:
. Subject:
Planning and Inspections
Council Meeting Date:
6/27/94
Public Hearing to consider the request of Marshall Curry for a Special
Use Permit for a Personal Care Home on Lot 13, Block 7, North Hills
Addition. (Located at 3543 Reeves Street)
Agenda Number:
PZ 94-09
Ordinance No. 1990
Mr. Marshall Curry is the owner of a house located at 3543 Reeves Street. Mr. Curry has applied for a Special Use Permit to operate
a Personal Care Home in this residence. The City Council recently approved an amendment to the Zoning Ordinance regarding
Personal Care Homes that allows this use by Special Use Permit in certain residential zoning districts. Two such permits were issued
in other areas of the city by the City Council in March 1994. The Planning and Zoning Commission tabled this request during the
public hearing phase to allow staff to investigate complaints from neighbors that Mr. Curry was operating other such homes in the
neighborhood. When it was determined that no other Personal Care Homes existed in the area, the Commission completed its public
hearing and recommended approval of the Special Use Permit. Attached is a proposed ordinance which details the regulations for this
particular Special Use Permit. Also attached are copies of letters received by the city in regard to this Special Use Permit request.
The following are the issues regarding this request:
I. Maximum Number of Residents: The house has 2,202 square feet of floor area. The owner is requesting permission to
house 10 residents; however, the regulations limit the maximum number of residents in this structure to six. The Planning
and Zoning Commission has recommended that the maximum number of residents be limited to six.
2. Parking: This property is zoned R-2 Single Family Residential. This district requires that four off-street parking spaces be
provided per dwelling unit, with at least two spaces being covered. However, the garage has been enclosed for a number of
years so there is no covered parking. The ordinance is worded to allow the garage enclosure since it is an existing condition.
3. Signs: No signs advertising the business are allowed on the property. There are no signs existing on the property.
4. Structural Modifications: The regulations for Personal Care Homes prohibit enclosing the garage. However, the garage on
this structure is already enclosed.
5. Distance from Similar Facilities: This proposed Personal Care Home is not located within a one-half mile radius of another
Personal Care Home or Community Home for Disabled Persons.
6. Licensing: Mr. Curry must obtain a license for this facility as required by the Texas Personal Care Facility Licensing Act
prior to the fIrst annual re-inspection of the property. The licensing procedure for this facility is in progress.
7. Certificate of Occupancy: Mr. Curry must apply for a CertifIcate of Occupancy upon approval of this Special Use Permit
by the City Council.
The Planning and Zoning Commission considered this request at their June 9, 1994 meeting and recommended approval.
RECOMMENDATION:
It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and
Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget ~
Other ...ç~h·. ..
"1)~,.. , Ao._~.
4) "" '\; ~ ,..,-> ~~'~"...
Departmerh Head Signature
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
(J);
. FInance Director
Page 1 of
.
ORDINANCE NO. 1990
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
EIGHTEEN FOR A PERSONAL CARE HOME; 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 Pennit
Number Eighteen, 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 Seventeen be hereby authorized for a Personal Care Home as set forth in
Case Number PZ 94-09 on the property described as follows:
Being Lot 13, Block 7, North Hills Addition, according to the plat recorded in Volume 388-6, Page 16, Plat
Records, Tarrant County, Texas.
This property is located at 3543 Reeves Street.
2.
THAT, the development regulations contained in the R-2 Single Family 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 Personal Care Home listed in Section 1 above shall comply with the Special Land Use Regulations
contained in Article 3, Section 320, (16) of the Zoning Ordinance Number 1874, except where amended by this
Ordinance as follows:
a. Location: The location of the building on the lot and the building footprint shall be in accordance with the
Site Plan attached as Exhibit "A".
b. Buildingj/oorplan: The floorplan of the building and the sleeping areas shall be in accordance with the
Building Layout attached as Exhibit "B".
c. Maximum number of residents: The maximum number of qualified residents in this Personal Care Home
shall not exceed a total of six (6) residents.
d. Garage Enclosure: The garage enclosure currently exists and is allowed to remain in its current
configuration. In the event that the garage is modified in the future for the purpose of providing off-street
parking, it must remain in compliance with the garage enclosure prohibition contained in Section 320, Personal
Care Home Special Land Use Regulations.
4.
THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict
with the terms of this Special Use Permit, shall remain in full force and effect regarding this property.
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 of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional
phrase, clause, sentence, paragraph or section.
Ordinance No. 1990
Page 2
.
6.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage.
, APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9TH DAY OF JUNE, 1994.
Chainnan, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 27TH DAY OF JUNE, 1994.
.
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. 1990
Page 3
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PZ Minutes - Page 3
May 26, 1994
ZONING CASES
4. PZ 94-09
Public Hearing to consider the request of Marshall Curry for a Special Use Permit for a
Personal Care Home on Lot 13, Block 7, North Hills Addition. This property is located at
3543 Reeves Street.
Chairman Brock opened the Public Hearing and called for those wishing to speak to come
forward at this time.
Ms. June Curry, 3543 Reeves Street, came forward to speak. She stated they have operated a
home there since 1986.
Chairman Brock stated he has received several calls about other such homes in the area. He
stated the Commission should check out the others, but that will not jeopardize the standing
the Curry's have in regards to the permit.
There being no one else wishing to speak, Chairman Brock closed the Public Hearing.
Mr. Barfield stated the Commission is probably obligated to grant the permit, but they are
also obligated to the citizens who sent in letters requesting that they look at the others in the
area.
Mr. Marshall Curry, 3543 Reeves Street, came forward to speak. He stated some of the
homes mentioned in the letter were operated by him, but they have been closed several
years. He stated the one next door is his home. He stated they have live in help.
Mr. Barfield stated this should be tabled until the next meeting to give staff time to checl
these other homes.
Mr. Lueck stated he would request the Council to approve only six residents in this facility.
Mr. Barfield made the motion to table PZ 94-09 until the next meeting. The motion was
seconded by Mr. Miller, and the motion carried 6-0.
5. PZ 94-10
Hearing to consider amendments to the Zoning Ordinance No. 1874 regarding the
lations and Grand Opening Signage.
ted this ordinance will extend the window for grand openings.
Mr. LeBaron stated ate rary sign will be included as a grand opening sign, without
penalty to the other tempor igns allowed each year. He stated the sign permit fees are
being deleted and placed in the . ing code.
Chairman Brock opened the Public Hea
forward at this time.
nd called for those wishing to speak to come
There being no one else wishing to speak, Chairman
Mr. Lueck made the motion to approve PZ 94-10.
and the motion carried 6-0.
.
.
.
MINUTES FOR THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
June 9, 1994 - 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
James Brock
Paul Miller
Victor Baxter
Don Bowen
Barry LeBaron
Clayton Husband
Gregory Arrington
David Barfield
Ron Lueck
Director Plan/lnsp
Planner
Plans Examiner
ABSENT
CONSIDERATION OF MINUTES
OF MAY 26, 1994 Mr. Baxter made the motion to approv e minutes as presented. The motion was seconded
by Mr. Miller, and the motion carrie ~, with Mr. Bowen abstaining due to absence at the
previous meeting.
PLATS AND SUBDIVISIONS
1. PS 94-28
Request of Tejas Testin chnology for Final Plat of Lot 3, Block 2, College Circle Shopping
Center Addition. Thi roperty is located in the 5900 block of Davis Boulevard.
Chairman Broc ted the developer has agreed to all engineering comments. He stated the
owner will al sign a waiver of any future rights to the Ross Road right-of-way when it is
abandone e stated a 25-foot building line also needs to be added to the plat.
ZONING CASES
. er made the motion to approve PS 94-28 subject to engineering comments, a signed
wa r regarding Ross Road, and a 25-foot building line on the plat. The motion was
s onded by Mr. Bowen, and the motion carried 4-0.
2. PZ 94~9
Public Hearing to consider the request of Marshall Curry for a Special Use Permit for a
Personal Care Home on Lot 13, Block 7, North Hills Addition. This property is located at
3543 Reeves Street. TABLED 5/26/94
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. Baxter stated the owners should remember to maintain the home in character with the
rest of the neighborhood. He stated the maximum number of residents should be set at six.
Mr. Baxter made the motion to approve PZ 94~9 subject to a maximum number of six
residents. The motion was seconded by Mr. Miller, and the motion carried 4-0.
Zoning Case Review Fact Sheet
Case No. PZ 94-09
Hearing Dates:
PZ 6/9,_ ,
CC 6/27/94
REQUEST: SUP for a Personal Care Home
APPLICANT: Marshall Curry, NRH, TX
PROPERTY OWNER: Same
SIZE AND LOCATION: Approximately 8,400 square foot lot located at 3543 Reeves Street.
SITE CHARACTERISTICS: Existing single family dwelling
PROPOSED USE: Personal Care Home
ALLOWED USE: Personal Care Home allowed by SUP in an R-2 zoning district
ADJACENT ZONING/LAND USES
North
South
East
West
R-2: existing single family residences (North Hills subdivision)
R-2: existing single family residences (North Hills subdivision)
R-2: existing single family residences (North Hills subdivision)
R-2: existing single family residences (North Hills subdivision)
DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within a 100-year or 500-year flood
plain.
THOROUGHFARE PLAN Access to this property is from Reeves Street, classified as an R2U Residential
thoroughfare (2 lanes, undivided roadway).
LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single family
development in this area.
ZONING mSTORY This property was originally zoned 1F-12 in 1967, roughly equivalent to today's R-1 zoning. In
1984, when the zoning map was revised, the zoning on the property was changed to R-2 Single Family Residential.
5-2~-f!
ôt/)2. .¡/oMé
ADDRESS: 354..3> j2eellt2-'s
PHONE NUMBER: 12 Z. / 3 / t/
·
DATE:
NAME of HOME:
PERSONAL CARE HOME
INSPECTION REPORT
5>7
(¡-II Co /-817-6 If t~ 61'
11/1IG-5I1R¿L ¿u!ZJ!.1
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NAME of RESPONSIBLE PERSON:
1.
2.
3.
4.
5.
6.
7.
· 8.
9.
10.
II.
12.
13.
14.
IS.
16.
17.
Has an acceptable plot plan been submitted?
YES NO
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COMMENTS: ..p 15 - þlÀlI_'PI..,:)f,. ~Ml'" (>.st.l~t> o~ 8-)~ -9b (oiZ.. t"/..fþ¡~/O,j-
~o ~.eþ fJF 6All,,66 ~ÑC.LO,,>l)r:C:; rel!=M '''' -
f-ffaZe ~ -Þr '¡UM~eR. of fr1 1Zfl6tE- IE,.¡Ctó>u,et£S IN :í~ ~
en {Q
INSPECTOR
·
Has an acceptable floor plan been submitted?
Total square footage of the structure.
Total square footage of the habitable area.
Total square footage of the garage.
Has the garage been enclosed into habitable area?
Was a permit issued for the garage enclosure? Date of Permit
Are there other garage enclosures in the immediate vicinity?
/
1 t / U\J~ It.) AID
8
Total number of occupants at the time of inspection.
Total number of beds at the time of inspection.
Is there any exterior lighting other than that of a normal residence?
Is there any signage on the property?
Has a Certificate of Occupancy been applied for ?
Are the parking requirements of the Zoning District being complied with?
Have there been any structural modification, which has allowed the habitable
area to be increased from the original construction? If so, explain below.
/'
What is the distance and location of the closest known similar facility?
162.5 ~11'Z/:Je'" ?ß~
1,2.... MIL65
Has this facility applied for a license from the State of Texas?
/
.-
LORENA STOTI
3634 Reeves street
Fort Worth, Texas 76117
June 6, 1994
Planning & Zoning Commission
City of North Richland Hills
3200 Diana Dr.
Fort Worth, Texas 76118
Gentlemen,
I write in support of a spedal pennit, Case No. PZ 94-09, for the foster-care
fadlity operated by Marshall and June Curry, 3543 Reeves Street.
The Currys have been caring for elderly people for more than eight years, and
their home has never been a nuisance in the community. I have walked by it
for years and have found no more traffic or parked cars at it than up and
down the rest of the block. I can tell you that the elderly people and their
guests are not a nuisance in the neighborhood.
In addition, I have first-hand knowledge of the Currys' operation, since one of
my sisters, Josephine Parnell, has been a resident there for more than three
years. Recently Gifford J. Robalais, who complains about the property, asked
Mr. Curry if he knew anyone for whom his son could do yard work. As I was
looking for someone, Mr. Curry told me about the boy, and he has been
mowing my yard. I know, too, that Mr. Robalais has done work for the
Currys. I am puzzled by his complaint at this time.
When I visit my sister, I walk down to the Currys' except in bad weather. I
have never noticed excessive traffic in and out. I have never seen more than
two visitors at a time, so I fail to understand Mr. Rabalais' complaint. I ask
that you grant the spedal permit in Case No. PZ 94-09, as I believe the Currys
provide a valuable setVÌce and are not a nuisance to the neighbor-hood.
Sincerely,
(-Y-~ ~ . - ~ d,Lo¿(
-W;;~'
RECEIVED
JUN 1 Ü 1994
C\TY MANAGER
.
JUNE1T A DAVIS
349 Wewoka Drive
Nonnan, OJda. 73071
4ffi /364-2538
A~ .
~)
June 4, 1994
Planning and Zoning Commission
City of North Richland Hills
3200 Diana Dr.
Fort Worth, Tex. 76118
Re: Case No. PZ 94-09, Request for Special Pennit
Gentlemen:
I write to support a special pennit for the foster-care home run by June and
Marshall Curry at 3543 Reeves Street.
.
The Currys have been caring for elderly patients in their home for 8-1/2 years.
My sister, Josephine Parnell, has been a resident there for three years and has
been well cared for. I'm a frequent visitor to the facility, as are two other
sisters, one of whom walks from her home to visit Josephine. And when I
am in Fort Worth for visits, I also walk
Mr. Gifford J. Rabalais' complaint about heavy traffic is utterly false. I have
never seen more than two cars of visitors at a time at 3543 Reeves in the years
since the Currys began keeping elderly people. In the last 8-1/2 years, I have
taken walks on the street. Most of cars on the street are across the street from
the Curry residence parked in front of the homes of neighbors, including
Rabalais.
I know the Currys to have been good neighbors and residents of the area.
This is not a nursing home. It is a foster-care facility, and most of the patients
are ambulatory. I fail to understand Mr. Rabalais' complaint at this time. In
the past, I'm told he has done electrical and mechanical work for the Currys. I
don't know what his problem is now, but I know he must have one.
I urge your approval, as to deny it would amount to discrimination against
the aged who reside there.
.
Sincerely,
Çi::ú~~¿;¿O~_~
(~ett~ Davis
June 6, 1994
Attn: Planning and Zoning Board
North Richland Hills, Texas
It has come to my attention recently that the zoning commission is
considering a permit request for the home located at 3543 Reeves Street.
This residence houses several senior citizens of this community who are
no longer able to live alone. Several years ago I came in contact with
Marshall and June Curry when I was looking for full-time care for my
elderly mother. They took her into their home and cared for her until her
death in July of last year.
I was in d a i Iy contact with the people at this home and still visit on
occasion as I established a very special relationship with the residents
living there. The house has been in constant remodeling stages, is kept
clean and the yard is in good condition. A new driveway is in place and
there are no disabled vehicles waiting their turn for oil changes or tire
replacement, which is more, unfortunately, than I can say for my own
neighborhood'
We are talking about a quiet street where the only "cruiser" is an
occasional youngster on a bicycle or a neighborhood "walker" who is able
to visit a sister, husband, mother, or father with ease. These people are
in bed by 7:00 p.m. and they are enjoying the peace that they so richly
deserve.
The Currys have provided a "home away from home" for what they
consider their "family," and I strongly urge you to consider their request
with prompt attention. I would be available to answer any further
questions that you might have.
Thank you for the opportunity to address this situation.
Mrs. Sherrie 0' Pry
5328 Susan Lee Lane, Ft. Worth, Texas, 76180 281-1597
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Property owner:
3530 Reeves Street
N.R.H.,!X 76117
Planning & Zoning Commission
City of North Richland Hills
Re: Case Number PZ 91--09
Request tor Special Use Permit
Dear Mr. Clayton Husband,Planning &. Zoninq Comm. Gnd City Council,
I am opposed to the granting of the above mentioned
"Special Use Permit". I feel that a 'Business for Profit' in this area
would be unfavorable! It is inconsistent with the residential nature of
the North Hills subdivision.
The property values in this subdivison were re-assessed
this past year at a lower value. A business such os this will only
accelerate the decline of the property values.
The number of cars and the amount of traffic which
frequent this address indicate that a business has been operating
for some time. This request for u variance (Speciai Use Permit)
suggests that the owner is only now tryinq 10 comply with zoninq
r~~"I~~:~~~1
I eyulullulI~:
Considering this track record it is questionable how
sincere the owner is about compliance with this or other regulations
designed to proted residential property values. It appears that the
motive for this variance is for the continuation of operation of a
previously illegal business. ßusinessmen of this type certainly Jre
I I· I I I· I -. I
not welcome In an area wnere we want to raise our cnlloren.
·
In closing I 'Nom to pmphasize my adamcnl opposition
10 the request f()r this vorionce!!! : upoioeJize lor not ottendinq the
meeting in person bul will qladly discuss this wilh any board member
if desired.
Si~cere¡y, f) ð
Ct/&ß.' IJ. ~~--=
Clifl&¿- Jç:Rabolais
By: KLR
CC: City Coucil Members
Planning and Zoning Commission
·
·
CITY OF NORTH RICHLAND HillS
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 / AGENT:
?) ;1 /~':7 íI Ii 1..1_ ,"")
~ <Aiel! y
STREET ADDRESS OF APPLICANT:
_3 -'55 -"7 Æ'
,... , , ",~s
,,-cc
CITY / STATE / ZIP OF APPLICANT: TELEPHONE NUMBER OF APPLICANT:
IV, i',e,,", L,I,;D /-I/L L -;, I)C. "7(.;,1/7 ( ~ (7) ,~""L.,;2,;;'" - i 3 I <./
PART 2. PROPERTY OWNER INFORMATION
NAME OF PROPERTY OWNER: .
ft\Qf;!5H~ L<- C t,.,,! t':!J'~./ ':--"
STREET ADDRESS OF PROPERTY OWNER:
35:37 n
K E E VE ,,'
CITY / STATE / ZIP OF PROPERTY OWNER: TELEPHONE NUMBER OF PROPERTY OWNER:
N, fl.. ( (; I fr ,.-'I,-V' i-; 1-1, \:.5 '- ~ I..,J / t ( ') n) .::'.2.2 ~ I ~ / 1.,/
, I ;<
LEGAL DESCRIPTION OF PROPERTY WHERE SPECIAL USE PERMIT IS BEING REOUESTED:
L':Jf I ":'", f- ¡ ,I /,
.,... .:. l. v{. 'f' I 1\ .J ,.~J..;- ~-: .- 'L ~_5 /- ùL1r'¡; -..J,.....I
STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REQUESTED:
3.5 4 3 (2C~I: E5;; i,l. K"I I ( I-I ¡, r~ ."; 1/ ¡J , (,..{~) - 7(.,1/7
/ '"
PART 3. DESCRIPTION OF REQUEST
CURRENT ZONING CLASSIFICATION: PROPOSED USE OF PROPERTY:
¡-ÎSr.'..G'N~C '.. j ,- ,- £(.,D éA!t- i
.,'¡.":E J a/J-'¿' ¡-.),,~ ¡"~"=-
ADDITIONAL COMMENTS: {'VJ Lju ¡}r".~~ ,d, hAd- e, ~A1M-
u V'11-U../ ",.fJ .t-, ..(' f .-tr
10 ~1¿.t../ I/7Ltr' LZ,;"...:;> (-.k~"i / ~;., f t..( ?-6~/~ .
ATTACH SITE PLAN PER SPECIFICATIONS ON REVERSE SIDE OF THIS FORM: ATTACH AFFIDAVIT FROM PROPERTY OWNER IF AP, 'fT IS NOT OWNER:
CZJ YES CJ NO CJ YES --. :0
-
I hereby certify that the foregoing information is correct to the best of my knowledge.
DATE S-4-Qý- (I ~_
Your Name (printed) IY) A 12 :5 ;I 4 L,_ .... - .bVY'J ( ~ -,
(_LA. ,!! If!. ,... Signature . ;-ru~ --~
I ., j
PART 4. OFFICE USE ONLY
P & Z PUBLIC HEARING DATE: 1(¡; ~~ TAXED PAI~ CASE NUMBER:
tí4 YES DNO pz. ~4 - Cf\
CITY COUNCIL HEARING DA TE: \ LIENS PA/~
YES DNo FEE $3DO. DO
..
SPECIAL USE PERMIT A PROVED: ASSESSME~PAiO?
CJ YES CJ NO ORO. NO, YES DNO
I This application wol nol ba ICh.<*JI.d
fOf public h....,ng unal1h. application
Condibons of Approval: fee ¡a received.
f
SPECIAL USE PERMIT
Page 1 of 2
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CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Council Meeting Date:
6/27/94
Subject:
Req.uest of Riehl and Hills Church of Christ for Replat Agenda Number:
of Block 7, Meadow Lakes Addition. (Located in the 6200 block ofNE Loop 820)
PS 94-18
The Richland Hills Church of Christ is the owner of a lot located at the southwest comer of Meadow Lakes Drive and NE Loop 820.
The owner has submitted a Replat of the property to divide the lot into three lots to accommodate expansion plans for the Community
- Enrichment Center.
The following are the issues regarding this Replat:
1. The Zoning Ordinance requires sidewalks along all public streets. The owner is requesting a waiver of this requirement. The
Planning and Zoning Commission recommended that the Community Enrichment Center be allowed to execute a covenant to
cover the costs of the sidewalk in the event the City installs the sidewalks in the future.
2. The Public Works Design Manual requires the installation ofa street light at the intersection of Loop 820 and Meadow Lakes
Drive. The owner is requesting a waiver of this requirement. The Planning and Zoning Commission recommended that the
owner install a street light as required by the Public Works Department.
The Planning and Zoning Commission considered this request at their May 26, 1994 meeting and recommended approval subject to
the following requirements: that a street light be installed at the comer of Meadow Lakes Drive and NE Loop 820, and a covenant for
future sidewalk improvements be signed.
RECOMMENDATION:
It is recommended that the City Council consider the recommendation of the Planning and Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating B~.. ~.~~ ',1::--
Other ...;; ,;,-s--..-
Department Head Signature
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
::tJ-
. Finance Director
Page 1 of
. .
. General Information
.
.
A. Owner
B. Developer
C. Engineer
D. Surveyor
E. Acreage
F. No. of Lots
G. Zoning
H. Prop. Use
Water and Sewer
A. Lines
B. Fire Coverage
Streets and Thoroughfares
A. Thor. Plan
B. Improvements
C. Extensions
D. New Streets
E. Street Lights
F. Access
G. Sidewalks
H. Screening Walls
I. New Street Names
Subdivision Plat Review Fact Sheet
Case Number PS 94-18
Community Enrichment Center
same
Barnett Engineering, Mineral Wells TX
Rivers & Associates, Mineral Wells TX
14.58 acres
3
PD-5 and PD-7 (Planned Developments)
Social service organization/food bank
This property is served by an 8-inch water line and a 6-inch sanitary sewer line. This property
also has access to an 18-inch and 21-inch sanitary sewer line at the rear of the property.
Adequate.
This property has frontage on Meadow Lakes Drive and NE Loop 820. Meadow Lakes Drive is
classified as a C2U roadway, requiring 60 feet of right-of-way. It appears that 80 feet of right- of-
way exists for Meadow Lakes Drive. NE Loop 820 is unclassified on the Master Thoroughfare
Plan.
None required.
None required or planned.
None.
Public Works policy requires a streetlight at the comer ofNE Loop 820 and Meadow Lakes
Drive. The owner is requesting a waiver of this requirement.
Access to this property is from Meadow Lakes Drive. If a drive approach is constructed on the
NE Loop 820 frontage road, a TxDOT Access Penn it is required.
Sidewalks are required on all lots as the lot develops. However, the owner is requesting a waiver
of this requirement.
N one required.
None.
Drainage
A. Flood Plain
B. Improvements
C. Easements
Comprehensive Land Use Plan
A. Consistency
B. Special Issues
According to Flood Insurance Rate Maps, a small portion of this property lies within a IOO-year
flood plain.
None.
None.
This request is consistent with the Comprehensive Land Use Plan that calls for institutional
development in this area.
None.
PZ Minutes - Page 2
May 26, 1994
. 3. PS 94-18
Request of the Community Enrichment Center for Replat of Block 7, Meadow Lakes
Addition. This property is located 6250 NE Loop 820.
Mr. Michael Barnard, 5032 Melissa, Haltom City, came forward to speak. He stated he is an
architect representing the Community Enrichment Center.
Chairman Brock asked if they have agreed to all engineering comments. He stated the
owner is seeking a waiver of the sidewalk requirement.
Mr. Barnard stated the only sidewalks along Meadow Lakes is on the east side of the road,
and the sidewalk only connects the two parking lots for the church.
Mr. Barfield asked what the purpose of the replat was.
Mr. Barnard stated it is for the expansion of the Community Enrichment Center, which
operates a food bank and housing program.
Mr. Barfield asked if people would be walking to this facility.
Mr. Barnard stated no. He stated clients are usually driven to the center if they have no
transportation. He stated he knows of no transient traffic.
Mr. Barfield stated the Commission's concern is providing a path for people to walk along
the street to this facility or to the shopping center across the Loop.
.
Chairman Brock asked if the future plans include housing for the elderly.
Mr. Barnard stated the Church of Christ, which is a separate entity, has elderly housing in
their overall development plan, but he does not know what the status of that project is.
Mr. Barfield asked if the Center would be willing to sign a covenant for the construction of
sidewalks if the property does develop into housing.
Mr. Barnard stated the owner would probably agree to that requirement. He stated the
existing building does not have sidewalks now.
Chairman Brock asked if the Center is willing to construct a street light at the corner of
Meadow Lakes Drive and the Loop.
Mr. Barnard stated the Church actually owns Lot 1, and they would need to be approached
on that matter. He stated Lot 2 will be sold to the Center.
Mr. Barfield stated the public cannot rely on the parking lot lighting for safety reasons.
Mr. Barnard the Center would probably agree to that.
Mr. Barfield made the motion to approve PS 94- 18 subject to a streetlight at the corner of
Meadow Lakes Drive and NE Loop 820, and a covenant for the sidewalks along Meadow
Lakes Drive be signed and installed when Lot 3 develops. The motion was seconded by Mr.
Moody, and the motion carried 6-0.
.
N®RTH
RICH LAND
HILLS
Public Works
May 16, 1994
MEMO TO: Planning & Zoning Commission
FROM: Mike Curtis, P .E.
Staff Engineer
SUBJECT: PS 94-18; MEADOW LAKES ADDITION;
Block 7, Lots 1, 2, & 3; Replat
I have reviewed the subject documents submitted to this office on May 13, 1994 and offer the
following comments.
1. The point of beginning needs to be clearly labeled on the plat.
2. The attached easement dedication needs to be incorporated into the closing paragraph
after the metes and bounds description.
3. The Subdivision Ordinance requires utility easements to be a minimum of 7.5 feet.
The 5 foot utility easement adjacent to the Texas Electric right-of-way will need to be
changed to a 7.5 foot utility easement. This needs to be added to the final plat.
4. A sidewalk and utility easement as defined in the Design Manual will need to be added
at the intersection of the Loop 820 service road and Meadow Lakes Drive. The
easement will need to be clearly indicated on the plat.
5. The current zoning needs to be clearly indicated on the face of the plat. This includes
the proposed lots and the adjacent lots.
7301 N.E, Loo~ 820 P,Q. Box 820609
North Richland Hills, Texas 76182-0609 USA
(817) 581-5521 FAX (817) 656-7503
. .
.
.
.
6,
The plat is bordered by State Highway facilities on the north side. If driveways are to
be constructed, a TxDOT Access permit will be required. The permit will need to be
submitted to the Public Works Department for approval prior to submitting to TxDOT.
7. The Zoning Ordinance requires sidewalks adjacent to all public streets. Sidewalks may
be constructed with the improvement of each individual lot.
8. Street lighting is required by Section 1-06 of the Design Manual. If any additional
street lights are required along Meadow Lakes or the service road, they need to be
coordinated with Public Works and TU Electric. The cost for installation of any
additional street lights will be paid by the developer directly to TU Electric.
9. The appropriate details for services need to be included in the construction plans for the
proposed building. Note that the details included in the Design Manual do not contain
any logos other than that of the City of North Richland Hills. It is therefore
recommended that the details be used in their entirety.
10. The Texas State Plane Coordinates appear to be incorrect. After comparing the
coordinates with the City's GIS there is a discrepancy of approximately 53 feet.
11.
There are comments regarding the plat and construction plans recorded on a set of
bluelines. The plans have been returned to the engineer for revision. The marked up
blue lines need to be returned with the next submittal.
~c.~
C/smm/pwm94058
cc: Greg Dickens, P .E., Director of Public Works
Barry LeBaron, Director of Planning & Inspection Services
~
BARNETT ENGINEERING, INC.
CC;·~SULT;NG E:-'iG!~~EERS - ;:-L.';~J0¡ERS - _,::S¡G!'4EhS
May 19, 1994
J. Clayton Husband, MCRP
City of North Richland Hills
P.O. BOx 820609
North Richland Hills, TX 76182-0609
RE: PS 94-18 Meadow Lakes Addition
Block 7, Lot 1,2, & 3; Replat
Dear Mr. Husband,
Comments are addressed in reference
13, 1994, from Mike Curtis, Staff
conversation.
to draft letter dated May
Engineer per our telephone
1. The point of beginning will be clearly labeled on the
plat.
2. The easement dedication will be incorporated into the
closing paragraph after the metes and bounds description.
3. Utility easements will be added in accordance with
Texas Electric requirements.
4. A sidewalk and utility easement will be added at the
intersection of Loop 820 and Meadow Lakes Drive.
5. Current zoning will be clearly indicated on the face
of the plat.
6. When driveways are to be constructed, TxDot Access
permit will be obtained.
7. Sidewalks will be constructed adjacent to the public
street with improvement of each lot.
8. If any additional street lighting is required it will
be coordinated with the Public Works and TU Electric.
9. Appropriate details for services will be included in
the construction plans for the proposed building.
4516 HWY. 180 EAST, SUITE 201 · P.O. BOX 1485 · MINERAL WELLS, TX 76068 . i817) 325-9417
"" . , ..
.
.
.
10. The Texas State Plane Coordinates will be correct on
the plat.
ll. Marked up blue lines will be corrected and resubmitted
for approval.
If you have any questions, please call.
Sincerely,
Y2d~D-£}~---
Phiííi~~t~ P.E.
BARNETT ENGINEERING
PJB/bb
cc: Jan Johnson
Mike Curtis
Mike Barnard
.l1li...
... BARNARD & associates
5032 Melissa Or. · Fort Worth, Texas 76117 . 817-834-5433 · 24 Hr. Metro 214-601-5222
,;)-.23---:'}4
Mr. J. Clayton Husband
City of North Richland Hills
F'.O. Box 8Z0bO,?
North Richlana Hills, Tx. ~b180
RE: PS94-18 Meadow Lakes Addition
81()cK 7~ Lot 1~2~ & -3; Repla~
Des} Mr. rlusbana.
Our ~irm represents The CommunIty Enrichment Center
N. E. Loop 820. We have reviewed Mike Curtis' draft
13, 1994 and Mr. Phillip Barnetts' letter dated May
offer the folowing comments.
The Community Enrichment Center take exception with
items.
()cated at 1::-250
et t2r dated r1ay
19,1':'94 and
ehe following
No.7
The development was established in 1985 and due to the amount of on
site parking of the Richland Hills Church of Christ and the fact that
there are no homes within the development, it was determined that
sidewalks would not be required along Meadow Lakes ür.. The proposed
addition and re-platting does not significantly alter the site
pedestrian traffic.
NO.8
The current development relies on the on site lighting of the
Richland Hills Church of Christ which has served the community well
since 1985. The proposed addition and re-platting does not alter the
lighting conditions.
The Community Enrichment Center formally request they not have to
incur these costs, however if the Planning and Zoning commision
truely reel this would be in the best interest of the community they
will cooperate to the fullest extent possible.
Thank you for your consideration of these issues.
1iJ2;;~
cc: Phillip Barnett
Brad Painter
CITY OF
NORTH RICHLAND HILLS
I
Department:
Finance
Council Meeting Date: 6/27/94
Agenda Number: GN 94-68
Subject:
Garbage Billing for Waste Management, Inc.
This agenda item was presented at the June 13, 1994, City Council Meeting, and Council took no action
but asked that it be placed on the June 27 agenda. The City of Watauga has terminated its garbage
service agreement with Laidlaw and has awarded a new contract for garbage service to Waste
Management, Inc. to commence July 1, 1994. Waste Management, Inc. and the City of Watauga have
both approached us about billing and collecting garbage fees for Waste Management, Inc.
Currently the City charges Laidlaw a 10 % billing fee for residential refuse collections and 11 cents per
customer for residential recycling. In Watauga the City of North Richland Hills does not bill or collect for
commercial customers. However, in the City of North Richland Hills our billing fee for commercial billing
and collection is 6%.
A garbage service billing agreement has been prepared between the City of North Richland Hills and
Waste Management, Inc. for Council consideration. This billing agreement provides that the city of North
Richland Hills bill all residential recycling and waste charges and also bill commercial waste charges. The
amount of the billing fee has been left blank in the attached agreement in order for Council to consider
various options.
Councilman Sibbet has requested that we identify the possible revenues from residential and commercial
charges at billing fees of 10%, 12%, 15%, 17.5% and 20%. Attached to the enclosed billing agreement is
an Exhibit A which shows these various billing rates and the monthly and yearly billing revenue that we
would receive. Currently we receive approximately $54,000 annually from the garbage billing for Watauga
residents.
For comparison purposes if the City of North Richland Hills elected to charge Waste Management; Inc. a
billing fee of 10% for residential refuse and recycling, this would generate an additional $12,000 per year
compared to the current contract we have with Laidlaw for billing of Watauga residents. The majority of
this increase, using this example, is due to the fact that the base rate for the garbage fee for Watauga
residents under their new contract with Waste Management, Inc. has increased from $5.48 to $6.29 per
month which is a 14.8% increase to Watauga residents. The other factor is that we currently charge
Laidlaw 11 cents per customer for recycling billing, and under this 10% approach, we would be increasing
the recycling charge to Watauga residents to 18 cents per customer and that also contributes to the
additional income. The commercial billing fee at 10% would generate an additional $13,200 above this
$12,000 from residential billing.
If Council elects to enter into a garbage billing service with Waste Management, Inc. , it is proposed that
the agreement begin June 1, 1994 and continue through the duration of the waste service agreement of
Waste Management Inc. and the City of Watauga.
RECOMMENDATION: It is recommended that a garbage billing services agreement with Waste
Management, Inc. be approved.
Finance Review
Source of Funds: Acct. Number
~:;~~ ~
v ~ ~epartme~d fŠlgnature City Manager
CITY COUNCIL ACTION ITEM
, FInance Director
Page 1 of
.
.
.
GARBAGE SERVICES BILLING AGREEMENT
TIllS GARBAGE SERVICES BILLING AGREEMENT (the "Agreement") is made and entered
into this day of , 1994, by and between the CITY OF
NORTH RIClll..AND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred
to as "CITY") and WASTE MANAGEMENT, INC. (hereinafter referred to as (CONTRACTOR") for
plU'poses of billing residential garbage services in the CITY OF W A T AUGA which will be provided by
WASTE MANAGEMENT, INC.
Provisions of this agreement are:
1. Residential and/or Commercial Acceptable Waste: CITY and CONTRACTOR agree that the initial
MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on
EXHIBIT "A", attached.
2. Customer Billin¡: CITY agrees to bill all W ATAUGA residential and/or commercial customers
served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the
appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification.
3. Payment to CONTRACTOR CITY agrees to pay to CONTRACTOR on or before the 20th day of
each month the appropriate charges as herein provided:
(a) Residential Recyclin¡ Char¡es: The CITY shall retain percent of current
and subsequent recycling charge for billing fee as agreed upon by CONTRACTOR
and the CITY OF WATAUGA. The initial recycling charges of one dollar and
eighty cents ($1.80) per month to each residential customer receiving refuse service.
The CITY will remit to the CITY OF WATAUGA three and one-half percent (3.5%)
of current and subsequent recycling charges for ftanchise fee.
(b) Residential Waste Charies: The CITY shall retain percent of current
and subsequent waste charges for billing fee as agreed upon by CONTRACTOR
and the CITY OF WATAUGA. The initial waste charge of six dollars and twenty-nine
cents ($6.29) per month to each residential customer. The CITY will remit to the
CITY OF WATAUGA three and one-half percent (3.5%) of current and subsequent
waste charges for ftanchise fee.
(c) Commercial Waste Char,ies' The CITY shall bill all commercial accounts located within the
city limits ofW AT AUGA. Commercial accounts are deemed to be, but not limited to,
accounts utilizing dumpsters, roll-oft's, and compactors. The CITY shall retain
percent of current and subsequent waste charges for billing fee as agreed
upon by CONTRACTOR and the CITY OF WATAUGA. The CITY will remit to the
CITY OF WATAUGA three and one-half percent (3.5%) of current and subsequent
waste charges for rranchise fee. The CONTRACTOR shall submit to the CITY, no
later than the 20th of the previous month before billing on the 3rd, a current billing
.
.
.
detail transaction file to include the CITY's billing account number or a cross
reference. The CITY requests that the infonnation be provided by a means of a
half inch reel to reel, non-labeled tape (1600 BPI) or modem at 9600 baud.
(d) Bad Debt Collections and Write-Offs: The CITY will diligently pursue the
collection of bad debts and those which are deemed uncollectible after ninety
(90) days will be written off by the CITY and write-offs will be adjusted
(deducted) fÌ'om CONTRACTOR'S monthly payment following the quarter
of the write-offs. Although write-offs will be made, the CITY will continue
to pursue collection and any bad debts collected after any quarterly payment
adjustment will be added to the next monthly payment to the CONTRACTOR.
4. Tenn of Agreement: This agreement shall begin with the June 1, 1994 residential billing
for W A T AUGA residential and/or commercial utility customers and will continue through the
duration of the waste services agreement ofW ASTE MANAGEMENT, INe. and the CITY OF
WATAUGA.
WASTE MANAGEMENT, INC.
By:
Jim Ryan
Division President
CITY OF NORTH RICHLAND HILLS
By:
Tommy Brown
Mayor
ATTEST:
Jeanette Rewis - City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire - Attorney for the City
2
.
Exhibit A
City of W ataugalW aste Management
Garbage Rate
Rates: Residential Garbage $6.29
Residential Recycling $1.80
Payment Allocation: 10%
¡Base Garbage Fee
$6.291
$0.631
$0.221
$5.44 I
Recycling Fee I $1.80 $0.18 $0.06 $1.56
Sale Tax remitted to State I $0.59 N/A N/A N/A
Total I $8.68 $0.81 $0.28 $7.00
Watauga residential customers - 6,800 (approx.)
Monthly billing revenue $5,508.00
Yearly billing revenue $66,096.00
Base Garba e Fee $6.29 $0.75 $0.22 $5.32
. Rec clin Fee $1.80 $0.22 $0.06 $1.52
Sale Tax remitted to State $0.59 N/A N/A N/A
Total $8.68 $0.97 $0.28 $6.84
Watauga residential customers - 6,800 (approx.)
Monthly billing revenue $6,596.00 Yearly billing revenue $79,152.00
Base Garba e Fee $6.29 $0.94 $0.22 $5.13
Rec clin Fee $1.80 $0.27 $0.06 $1.47
Sale Tax remitted to State $0.59 N/A N/A N/A
Total $8.68 $1.21 $0.28 $6.59
Watauga residential customers - 6,800 (approx.)
Monthly billing revenue $8,228.00 Yearly billing revenue $98,736.00
.
.
Exhibit A
City of W atauga/W aste Management
Garbage Rate
Rates: Residential Garbage $6.29
Residential Recycling $1.80
Recyclin Fee
Sale Tax remitted to State
¡Total I
, I
$6.29
$1.80
$0.59
$8.68
$1.10
$0.32
N/A
$1.421
Watauga residential customers - 6,800 (approx.)
Monthly billing revenue $9,656.00
N/A
N/A
$0.28/
$6.391
Yearly billing revenue $115,872.00
. Base Garba e Fee $6.29 $1.26 $0.22 $4.81
Rec clin Fee $1.80 $0.36 $0.06 $1.38
Sale Tax remitted to State $0.59 N/A N/A N/A
Total $8.68 $1.62 $0.28 $6.19
Watauga residential customers - 6,800 (approx.)
Monthly billing revenue $11,016.00
Yearly billing revenue $132,192.00
Commercial Billing
Estimated Commercial Billing Revenue:
Estimated Billing - Watauga $11,000.00
Billing Fee
6%
8%
10%
12%
15%
17.5%
20%
.
Monthly Income
$660.00
$880.00
$1,100.00
$1,320.00
$1,650.00
$1,925.00
$2,200.00
Yearly Income
$7,920.00
$10,560.00
$13,200.00
$15,840.00
$19,800.00
$23,100.00
$26,400.00
CITY OF
NORTH RICHLAND HILLS
Department:
Administration
Subject:
Community Services - Reorganization
~ Council Meeting Date: 6/27/94
Agenda Number: GN 94-70
For several months, we have considered the reorganization of the Community
Services Department. We propose to make the Library and the Park &
Recreation stand alone departments. With our expansive and ambitious CIP
- Agenda in the Parks Department, Jim Browne is extremely busy. Both
departments would report to the Deputy City Manager. Applications are now
being accepted for the Library Manager's posi~ion and the position should be
filled by August 1st.
We recommend the following changes:
Present Title to
Community Services Dir.
Library Manager
Parks & Grounds Manager
Recreation Manager
New Title
Parks & Recreation Dir
Library Director
Asst. Dir. of Parks Rec.
Asst. Dir. of Parks Rec.
Pay Grade
32 Same
From 27 to 28
27 Same
27 Same
The Human Resources Department applied the point factor analysis to the
Library Director Position. This was developed with our Compensation Plan
and the recommended adjustment the pay grade from a 27 to 28. This is a 5%
increase.
Recommendation:
It is recommended that the City Council approve the proposed reorganization.
-
Finance Review
Acct. Number
Sufficient Funds Available
ad Signalure fE:!;-¿~
CITY COUNCIL ACTION ITEM
. Finance Direclor
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Finance _ Council Meeting Date: June 27,1994
Subject: Appropriation for TRA Oebt Service - Walker/Calloway Sewer Agenda Number: GN 94-71
Project
In April 1969, the Trinity River Authority issued $385,000 in bonds on behalf of the City of North Richland I
-Hills' sewer system for the Walker/Calloway project. This was for a trunk sewer line. A tax was assessed !
by North Richland Hills and the annual debt service has been paid by the General Oebt Service Fund.
Ouring this period of time the General Oebt Service Fund should have been reimbursed by the Utility Fund
since this is a utility expense. Examination of records indicate that the Utility Fund has never reimbursed
the General Debt Service Fund for this project. Through 1992 fiscal year $55, 781 in interest was paid by
the General Oebt Service, and $245,000 in pr:incipal was paid by the General Debt Service for a total of
$300,781. If the Utility Fund now reimburses the General Debt, it will not cause a financial hardship on
the Utility Fund or impact the annual capital improvements program.
Recommendation: It is recommended that an appropriation be authorized from the Utility Fund to the
General Debt Service Fund in the amount of $300,781 in fiscal year 1993/94 for this reimbursement, and
in 1993/94 begin annually to transfer from Utility to General Oebt Service Fund to pay the annual principal
and interest for these 1969-A Series Bonds.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
~~
e~gnalUre
CITY COUNCIL ACTION ITEM
Acct. Number
Suff ¡ent Funds Available
-
Finance Director
City Manager
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
bject· Interlocal Agreement for Radio Maintenance
u . Re~ulutiull #94-2ð
Council Meeting Date: 6-27-94
Agenda Number: GN 94-72
The 800 MHz radio that were purchased last year will be coming out of warranty in May
of 1994, therefore, the City of North Richland Hills has been negotiating a radio
maintenance agreement with Motorola Communications and Electronics, Inc. (Motorola).
The Police Oepartment has pursued the idea that the City can save a substantial amount
of money on its maintenance contract by inviting through Interlocal Agreements, other
governmental entities to join us in combining our radios under one contract. This contract
will be administered by North Richland Hills. Such an approach will yield bulk discounts
by aggregating all radios covered under the contract.
The Police Oepartment will manage the invoicing of these governmental entities and the
benefit to the City will be through the savings that can be had through the bulk discounts.
The Interlocal Agreement states that the City of North Rich/and Hills is not responsible for
anything other than passing along the Motorola originated invoicing amount for each user
agency. We will receive the money for invoice payments and submit the payments to
Motorola. Any service related problems with equipment will be handled by the user
agencies directly with Motorola.
.
It is requested that the Council give the City Manager the authority to execute these
agreements with additional jurisdictions in the future as need arises. The first agency to
benefit from the bulk discounts will be Tarrant County and their interlocal agreement is
attached.
Resolution No. 94- 28 extends this authority to the City Manager.
Recommendation:
It is recommended that the attached Agreement be approved by the City Council and that
the City Manager be given the authority to execute the attached Interlocal Agreement as
provided in Resolution No. 94-28.
Source of Funds:
Bonds (GO/Rev.)
.operati Budget
Othe,
Finance Review
Acct. Number
Sufficient Funds Available
1<. ?It/~
City Manager
, Finance Director
ent Head Signature
CITY COUNCIL ACTION ITEM
Page 1 of
RESOLUTION NO. 94-28
. BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
The City Manager be, and is hereby authorized to execute the attached Agreement
between this City and the County of Tarrant as the act and deed of the City.
PASSEO ANO APPROVEO this 27h day of June, 1994
APPROVEO:
Tommy Brown, Mayor
ATTEST:
.
Jeanette Rewis, City Secretary
APPROVEO AS TO FORM ANO LEGALITY:
Rex McEntire, Attorney for the City.
.
.
.
.
STATE OF TEXAS
)
)
)
AGREEMENT
COUNTY OF TARRANT
This Agreement, made and entered into by and between the County of Tarrant, hereinafter called "COUNTY,"
and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter
called "North Richland Hills," evidences the following:
WHEREAS, North Richland Hills, and the COUNTY desire to enter into an Agreement at the request of the
COUNTY for inclusion into a radio maintenance agreement between the City of North Richland Hills and
Motorola Communications and Electronics, Incorporated, hereinafter called "Motorola;" and
WHEREAS, The Interlocal Cooperation Act, Chapter 791 et seq, Texas Government Code, provides
authorization for any local government to contract with one or more local governments to perform
governmental functions and services under the term of the Act; and
WHEREAS, North Richland Hills has negotiated a sole source contract with Motorola and is available to
perform the functions described herein; and
WHEREAS, The COUNTY has current revenues available and allocated. for this agreement; and
WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this
Agreement;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as
follows;
The responsibility of each government entity is outlined below:
I.
Tarrant County
The COUNTY hereby agrees:
1. To become a part of what is being termed the "North Richland Hills Consortium" which
represents a sole source negotiation, by North Richland Hills, for collective radio maintenance
covering several governmental agencies throughout Tarrant County,
2. To include all Motorola radio equipment in the maintenance contract which was purchased from
Motorola as a part of the COUNTY joining the City of Fort Worth 800 Mhz trunked radio
system.
3. To ensure optimum efficiency by providing timely repairs to any of its own equipment through
direct contact with Motorola. The COUNTY understands that the benefits derived from joining
the "North Richland Hills Consortium" are those seen through bulk discounts based upon total
numbers of radios covered under the negotiated contract with Motorola.
..Page 1 of 4
4.
That the purchase of radio maintenance shall be made directly from North Richland Hills and
that the fees for such coverage shall be only those fees charged by Motorola. All funds that are
paid to North Richland Hills will be based on invoicing that will originate from Motorola to
North Richland Hills. North Richland Hills will then create invoicing which will be passed
along to the COUNTY and any other governmental agencies who become a part of the "North
Richland Hills Consortium."
.
5. That payment for this service must be prompt since North Richland Hills does not have escrow
funds available to cover all governmental agencies that have expressed a desire to participate in
the ''North Richland Hills Consortium."
6. That this "Agreement" may be cancelled at any time in compliance with Section VI, "TERMS",
of this Agreement. Such written notice must originate from the County Administrator, Sheriff
or County Purchasing Agent. Upon cancellation of the "Agreement" North Richland Hills will
obtain any applicable refunds from Motorola, if such refunds exist, and will pay the refund
amount to the County.
7. To provide equipment listings of equipment, owned by the County, consisting of Make, Model,
Serial Number and any other information deemed necessary for North Richland Hills to properly
manage the maintenance agreement process.
NORTH RICHLAND HILLS
North Richland Hills hereby agrees:
1.
To provide the County access to a negotiated radio maintenance agreement that provides bulk
discounting at a more favorable rate than the County could obtain alone.
.
2. To provide invoicing and notice of fee changes to the County as soon as is practicable after
having received such fee adjustments from Motorola.
3. To provide any information dealing with the radio maintenance agreement available to the
County upon request.
4. To act as the central receiving point for all Motorola originated invoices or refunds and to
assure that payment is made to Motorola as quickly as possible after having received payment
from members of the ''North Richland Hills Consortium." North Richland Hills will also pass
refunds back to any agency on whose behalf the refund was made.
5. To gather information from the members of the "North Richland Hills Consortium" which is
needed by Motorola so as to enter into a proper radio maintenance agreement. Motorola has
indicated that they will create addenda to the original contract which will have the equipment of
each member agency contained within them. There will be an addendum for each agency with a
listing of the equipment covered.
II.
AUTHORIZA TION
North Richland Hills authorizes the COUNTY to deal directly with Motorola regarding all issues except
. payment of invoiced fees or refunds. The COUNTY authorizes North Richland Hills to negotiate on its behalf
Page 2 of 4
.
with the understanding that North Richland Hills shall act in the best interest of the group as a whole rather
than any agency as an individual. The COUNTY shall be kept abreast of all attempts to negotiate future fees
and will be made a part of such negotiations by their representatives attending meetings held for the purpose
of fee negotiations.
III.
CONTROL
It is understood by both parties that the intent of this agreement is to achieve the lowest cost possible for radio
maintenance and that this is being accomplished through several governmental agencies pooling their radio
equipment into a larger aggregate, thus providing the ability to obtain better bulk discount rates.
IV.
OPERATION WARRANTY
North Richland Hills makes no representations or warranties regarding the nonnal management of the radio
maintenance agreement process other than outlined below:
In the event of problems arising between the COUNTY and Motorola, North Richland Hills shall not
be held responsible for anything other than the handling of invoicing and payments as outlined in this
Agreement. The contents of invoicing will have an origination point of Motorola and will not be raised
or lowered by North Richland Hills unless an invoicing error is encountered. If such an error is found,
the COUNTY will be immediately notifed of the reason for the raising or lowering of the invoice.
V.
CLAIMS
.
To the extent allowed by law, each jurisdiction does hereby waive all claims against and agrees to release
every other City or County, its police department, Sheriff s Department, officials, agents, officers and
employees in both their public and private capacities, from and against any and all claims, suits, demands,
losses, damages, causes of action and liability of every kind, including but not limited to court costs and
attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of
use of any property arising out of or occurring as a consequence of the perforn1ance of this agreement whether
such injuries, death or damages are caused by the sole negligence or the joint negligence of any jurisdiction, its
officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and
release provided for in this paragraph includes claims arising out of such other City's or County's own
negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage.
It is expressly understood and agreed that, in the execution of this Agreement, no jurisdiction waives, nor shall
be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions.
VI.
TERMS
The initial tenn of this Agreement shall be one (1) year, and may be renewed each year thereafter unless either
party decides to tenninate, or both parties mutually agree to change or modify the conditions of this
Agreement. Any change in the approved yearly fee, including increase of anticipated expenses, cost of
equipment, software development, or maintenance enhancements shall be fully documented.
.
Page 3 of 4
.
.
.
The COUNTY will be advised by February 1st of each year of proposed fee increases in order to provide for
adequate considerations in their budget development process. The COUNlY'S portion of any radio
maintenance costs \\~1I be prorated, based on the number of radios or other related equipment covered under
the maintenance contract at the time of the fee increase. Fee increases will not take effect until October 1st of
any year which give the parties eight (8) months from the February 1st notice requirements in order to plan for
the increase. Additional equipment may be added at any time and a prorated charge will be figured for each
additional unit of equipment added.
If either party decides to tenninate this Agreement, after the initial tenn, written notice, to the following
respective addresses, must be received by the other party not later than ninety (90) days before the renewal
date. The fee herein set out shall be payable on or before October 31 st of each year, except for the first year,
which shall be prorated and payable within thirty (30) days of the COUNTY'S beginning coverage date as
listed in the maintenance contract with North Richland Hills and Motorola.
City Manager
City of North Richland Hills
P. O. Box 820609
North Richland Hills, Texas 76182-0609
County Administrator
Tarrant County
100 E. Weatherford
Fort Worth, Texas 76196-0609
CITY OF NORTH RICHLAND HILLS
COUNTY OF TARRANT
STATE OF TEXAS
This Agreement was signed and executed on this
day of
, 1994.
City Manager
County Judge
ATTEST:
APPROVED AS TO FORM::
Chief of Police
District Attorney's Office
FUNDS CERTIFIED AVAILABLE:
Auditor's Office
This agreement was executed on the _ day of
, 1994
Page 4 of 4
CITY OF
NORTH RICHLAND HILLS
Department:
Economic Oevelopment
Ordinance Approving r U Electnc's f-our Proposed
New Tarriffs - Ordinance No. 1922
Council Meeting Date:
6/27/94
Subject:
Agenda Number:
GN 94-73
The Texas Utilities Electric Company (TU Electric) recently filed a Petition and Statement of Intent
requesting the City's approval of a rider to authorize four new tariffs (see attached information).
This rate package is intended to help hold down rates for all customers while facilitating increased
employment and economic activity, saving energy, and improving the environment. In each of the
four proposed tariffs, the demand changes are less than under existing rates.
RECOMMENDATION
It is recommended that the City Council approve Ordinance No. 1992.
Cinance Review
~ Acct. Number
~ufficient Funds Available
efl-~
artment Head Signature I City Manager
CITY COUNCIL ACTION ITEM
. Finance Director
Pa e 1 of
e
ORDINANCE NO. ] gg7
AN ORDINANCE APPROVING TEXAS UTILITIES ELECTRIC COMPANY'S PROPOSED
RIDER ED - ECONOMIC DEVELOPMENT SERVICE, RATE GC - GENERAL SERVICE
COMPETITIVE PRICING, RATE WPC WHOLESALE POWER COMPETITIVE
PRICING, AND RIDER ET - ENVIRONMENTAL TECHNOLOGY SERVICE, PROVIDING
AN EFFECTIVE DATE THEREFOR, PROVIDING CONDITIONS UNDER WHICH SUCH
RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED,
AMENDED OR WITHDRAWN, FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY
N~~~U RTrUTå~m ~TTT~
r.mmr.n,
, TEXAS:
OF THE CITY OF
e
SECTION 1. On June 6, 1994, Texas Utilities Electric Company
filed with the Governing Body of this municipality a Petition and
Statement of Intent proposing to implement four new tariff
schedules: Rider ED - Economic Development Service: Rate GC _
General Service Competitive Pricing: Rate WPC - Wholesale Power
Competitive Pricing: and Rider ET - Environmental Technology
Service. Said proposed tariffs are each hereby approved for
implementation by Texas Utilities Electric Company within the
corporate limits of this municipality until such time as said
tariff schedules may be changed, modified, amended, or withdrawn
with the approval of the Governing Body of this municipality.
SECTION 2. The aforesaid tariff schedules herein approved
shall be effective from and after the final passage of this
Ordinance.
SECTION 3. The filing of said tariff schedules shall
consti tute notice to the consumers of electricity, wi thin this
municipality, of the availability and application of such tariff
schedules.
e
SECTION 4. Nothing in this Ordinance contained shall be
construed now or hereafter as limiting or modifying in any manner,
the right and power of the Governing Body of this municipality
under the law to regulate the rates, operations, and services of
Texas Utilities Electric Company.
SECTION 5. It is hereby officially found and determined that
the meeting at which this Ordinance is passed is open to the public
and as required by law and that public notice of the time, place
and purpose of said meeting was given as required.
SECTION 6. An emergency exists necessitating the suspension
of any rule requiring multiple readings of this Ordinance and all
multiple readings of this Ordinance are hereby waived: this
-1-
e
Ordinance shall take effect immediately upon its passage.
PASSED AND APPROVED at a Regular Meeting of the City
COUNCIL of the City of NORTH RICHLAND HILLS
Texas, on this the 27th day of .TTINF. , 1994.
Mayor
ATTEST:
Secretary
APPROVED AS TO FORM AND LEGALITY:
e
ATTORNEY FOR THE CITY
-
-2-
e
e
-
BEFORE THE GOVERNING BODY OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS
APPLICATION OF TEXAS UTILITIES S
ELECTRIC COMPANY FOR AUTHORITY S
TO IMPLEMENT ECONOMIC DEVELOP- S
MENT SERVICE, GENERAL SERVICE S
COMPETITIVE PRICING, WHOLESALE S
POWER COMPETITIVE PRICING, AND S
ENVIRONMENTAL TECHNOLOGY S
SERVICE S
DOCKET NO.
PETITION AND STATEMENT OP INTENT
TO THE HONORABLE SAID GOVERNING BODY:
For its Petition and statement of Intent, Texas utilities
Electric Company ("TU Electric"), a corporation organized and
existing under the laws of the state of Texas and a public utility
as that term is defined in the Public utility Regulatory Act,
Article 1446c, V.A.T.S. (the "PURA"), respectfully submits the
fOllowing:
I.
TU Electric proposes tariffs under which it seeks to offer
four new services within its service territory:
(1) Economic Development Service -- through proposed Rider
ED, which is a rider to TU Electric's existing General
Service Rates GS, GP, and HV that provides for a
discounted demand charge to those that qualify under the
terms of the Rider; Rider ED is designed to contribute to
. the economic development of the service territory by
attracting new businesses and industries and the
expansion by existing businesses and industries;
(2) General Service Competitive Pricing -- through proposed
e
Rate GC, which provides for a negotiated reduction,
within limits, in the demand charges that would otherwise
be applicable to the customer's electrical load under TU
Electric's General Service Rates GS, GP, or HV, where the
customer's electrical load otherwise would not be served
by the Company because, without the reduction in the
demand charges, the customer would self-generate its
electrici ty or obtain service from another energy service
supplier or cease its operations;
(3) Wholesale Power Competitive Pricing -- through proposed
Rate WPC, which provides for a negotiated reduction,
within limits, in the demand charges that would otherwise
be applicable to the customer's electrical load under TU
Electric's Wholesale Power Rate WP, where the customer's
electrical load otherwise would not be served by the
Company because, wi thout the reduction in the demand
charges, the customer would self-generate its electricity
or obtain service from another energy service supplier;
and
(4) Environmental Technology Service -- through proposed
Rider ET, which is a rider to TU Electric's existing
General Service Rates GS, GP, and HV that provides for a
discounted demand charge to those that qualify under the
terms of the proposed Rider; proposed Rider ET is
designed to encourage the use of more energy-efficient
electrical technologies or processes that significantly
e
e
-2-
e
-
e
improve the quality of the environment through the use of
an electrical technology, such as the substitution of an
electric arc furnace for a coke-fired furnace in a metals
fabrication facility or infrared heating for coating
processes to reduce volatile organic compound emissions.
Attached hereto and made a part hereof is a copy of the Petition
and statement of Intent being filed with the Public utility
Commission of Texas ("Commission") contemporaneously with the
filing of this Petition and statement of Intent, together with the
testimony and exhibits of Dr. William E. Avera, Mr. Marc W.
Goldsmith, and Mr. Stephen J. Houle, which justify the provision of
these new services and the reasonableness and propriety of the
provisions of the proposed tariffs.
II.
This municipal regulatory authority has jurisdiction over TU
Electric and the subject matter hereof within this municipality's
corporate limits by virtue of Sections 17(a), 37, and 43 of the
PURA .
III.
In keeping with the provisions of Section 43(a) of the PURA,
TU Electric proposes that the proposed tariffs be effective on July
11, 1994.
IV.
The proposed tariffs are-attached as Exhibits SJH-1, SJH-2,
SJH-3, and SJH-4 to the direct testimony of Mr. Stephen J. Houle,
an attachment to the Petition and Statement of Intent filed with
-3-
e the Commission. In addition to the explanation set forth in
Section I hereof, the proposed tariffs are further explained in
detail in Mr. Houle's testimony.
V.
This is not a "maj or change II as that term is defined in
Section 43(b) of the PURA. All of the information required by
Section 43 (a) of the PURA is set forth in this Petition and
Statement of Intent and the attachments hereto. The proposed
tariffs will not increase TU Electric' s rates but provide for
reductions to the existing rates.
VI.
The only customers that will be affected by the proposed
Economic Development Service Rider ED, the proposed General Service
tit Competitive Pricing Rate GC, and the proposed Environmental
Technology Service Rider ET are those customers that are eligible
for service under TU Electric's existing General Service Rates GS,
GP, and HV and that qualify for the service under the terms of the
proposed tariffs. The demand charges under those proposed tariffs
are less than the demand charges under Rates GS, GP, and HV,
respectively. The only customers that will be affected by the
proposed Wholesale Power Competitive Pricing Rate WPC are those
customers that are eligible for service under TU Electric's
existing Wholesale Power Rate WP and that qualify for the service
under the terms of the proposed tariff. The demand charges under
this proposed tariff are less than the demand charges under Rate
WP. The territory affected by this proceeding consists of the area
e
-4-
4IÞ within the corporate limits of this municipality certificated to TU
Electric by the Commission: however, TU Electric is seeking
authority from the Commission and all of its municipal regulatory
authorities to implement these four proposed tariffs, so that same
will be applicable throughout all of the territories to which it is
certificated to provide electric service.
VII.
Notice of this Petition and statement of Intent is being
published for four consecutive weeks in newspapers having general
circulation in the counties in which TU Electric provides electric
service.
VIII.
.
The business and mailing address of TU Electric is:
Texas utilities Electric Company
2001 Bryan street
Dallas, Texas 75201
TU Electric's business telephone number, including area code,
is:
(214) 812-4600
TU Electric's authorized representatives are:
R. D. Keeney
Vice President
Texas utilities Electric Company
2001 Bryan street, suite 2100
Dallas, Texas 75201
(214) 812-2778
and
-
J. Dan Bohannan
Worsham, Forsythe, Sampels & Wooldridge, L.L.P.
2001 Bryan street, Suite 3200
Dallas, Texas 75201
(214) 979-3000
-5-
e
.
.
General inquiries concerning this Petition and statement of Intent
should be directed to Mr. Keeney at the above-stated address and
telephone. All pleadings, motions, orders, and other documents
filed in this proceeding should be served upon Mr. Bohannan at the
above-stated address.
WHEREFORE, TO Electric prays this Honorable Governing Body to
approve the proposed tariffs and authorize it to provide' the
requested new services; further, TU Electric prays for such other
relief to which it may be justly entitled.
Respectfully submitted,
WORSHAM, FORSYTHE, SAMPELS &
WOOLDRIDGE, L.L.P.
J. Dan Bohannan
State Bar No. 02563000
2001 Bryan street, Suite 3200
Dallas, Texas 75201
Telephone: (14) 979-3000
Fax: (214) 0-0011
By:
ATTO YS FOR TEXAS UTILITIES
ELECTRIC COMPANY
-6-
CITY OF
NORTH RICHLAND HILLS
Department: Commllnity ~prvir.p~ npr;::¡rtmpnt . Council Meeting Date:06-27-94
_UbJoect. Lease, Construction, and Joint-Use Agreements between A d N b GN 94-74
. gen a urn er:
BISD and North Richland Hills for Recreation/Athletic Facilities
The City/School Cooperative Planning Committee met on June 2, 1994 to finalize the
attached Lease and Construction Agreement and Joint-Use Agreement for the proposed
Recreation/Athletic Facilities at Richland High School. The proposed agreements are the
result of a great deal of hard work by the elected and appointed officials of both BISD
and the City of North Richland Hills.
The agreements are "tabbed" into four sections in the attached booklet, as follows:
Tab 1 - Lease and Construction Agreement (with struck passages and underlined
additions)
Tab 2 - Joint Use Agreement (with struck passages and underlined additions)
Tab 3 - Lease and Construction Agreement (edited into final form)
Tab 4 - Joint Use Agreement (edited into final form)
e
The documents were approved by the City/School Cooperative Planning Committee. The
changes recommended by the committee, minor changes required to meet appropriate
legal form, and grammatical corrections are indicated by struck passages or underlined
additions in Tabs 1 & 2.
The Birdville Independent School District Board of Trustees will consider approval of
these agreements at their June 23, 1994 meeting. Upon approval of these agreements
by the City Council, staff will proceed with negotiations for design services in order to
expedite development.
Recommendation:
It is requested that City Council approve the attached Lease and Construction
Agreement and Joint Use Agreement for Recreation/Athletic Facilities at Richland High
School.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
~Operating Budget
""Other
Acct. Number
Sufficient Funds Available
ÕC1hA~C;¿~'.
J-.::;~-s- _
Department Head Signature ' City Man ger
CITY COUNCIL ACTION ITEM
Page 1 of
CITY OF
I NORTH RICHLAND HILLS
' Departmanl: Finance
.SUbject: Land Acquisition - Little Bear Creek Phase II
Council Meeting Date: 6/27/94
Agenda Number: PU 94-48
Purchase has been completed of the 56.625 acres for Phase II of the Little Bear Creek Park park. This
property is adjacent to North Tarrant Parkway, and the purchase price is $215,000. As a part of this
purchase, the City agrees to waive or pay the taxes owed to the City of North Richland Hills. These are
about $7,000. The property is being acquired through J. A. Compton, Liquiditating Trustee.
Rex McEntire, attorney for the City has approved the necessary legal documents and has handled the
other closing matters on behalf of the City.
Funds for this land acquisition can be provided from a combination of the increased sales tax revenues for
this fiscal year and interest earnings.
RECOMMENDATION: It is recommended that the City Council ratify the purchase of these 56.625 acres
in the amount of $215,000, authorize the transfer of funds from Undesignated Park Fund Balance to
Little Bear Creek Park - Phase II (09-92-34-6000), and to authorize the waiving of the City taxes.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other .
~~~~alura
CITY COUNCIL ACTION ITEM
-
Acct. Number 09-92 14-6000
S~l~
City Manager
. Financ:. Dir.c:tor
Page 1 of
1
CITY OF
NORTH RICHLAND HILLS
Department:
Public Works Council Meeting Date:
RatIfy Purchase of Property for City Hall Expansion
Project - Lot 8, Block 32, Richland Terrace Addition Agenda Number:
6/27/94
Subject:
PU 94-49
Staff has reached agreement with Ms. Meredith Sutherland to purchase Lot 8, Block 32, Richland Terrace
Addition (490lMarilyn Lane) for the City Hall Expansion Project. The appraised value of the property is
$61,000. Staff agreed to the selling price of $68,500. Net compensation to Ms. Sutherland will be
$59,027.94 ($68,500 less $9,472.06 mortgage payoff).
Staff has also agreed to pay Ms. Sutherland for relocation expenses, which should not exceed $4,000.
Reimbursement of expenses will be made upon receipt of invoices from Ms. Sutherland.
Recommencl~tion:
Staff recommends ratification of $68,500 ($59,027.94 to Ms. Meredith Sutherland, $9,472.06 mortgage
payoff) for the purchase of Lot 8, Block 32, Richland Terrace Addition.
Finance Review
Source of Funds: Acct. Number 13-70-94-6000
Bonds (GO/Rev.) Su~ciellt Fund~~ r.
Operating Budget - èñ~~- ~ '
Other -f.J..
Department Head Signature ~ C~~
CITY COUNCIL ACTION ITEM
Finance Oil.eto,
Page 1 of
.
.
.
WARRANTY DEED
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That I, Meredith Ann Sutherland of the County of Tarrant,
state of Texas, for and in consideration of the sum of
TEN DOLLARS ($10.00) and other valuable consideration paid in
cash, receipt acknowledged, have GRANTED, SOLD AND CONVEYED, and
by these presents do GRANT, SELL AND CONVEY, unto the City of
North Richland Hills, a municipal corporation, the following
described real property in Tarrant County, state of Texas, to
wit:
Lot 8, Block 32, RICHLAND TERRACE ADDITION, to the City of North
Richland Hills, Tarrant County, Texas, according to the plat
recorded in Volume 388-14, Page 76, Plat Records, Tarrant County,
Texas. (Known as 4901 Marilyn Lane)
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said City of North Richland Hills,
Texas, its successors and assigns forever and said Grantor does
hereby bind his heirs executors and administrators, to Warrant
and Forever Defend, all and singular the said premises unto the
said City of North Richland Hills, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim
the same, or any part thereof.
day
hand at North Richland Hills, Texas, this J.:::l.
, 1994.
~}.s:J~ '0"-<> ~~~~
Mere ~th Ann Sutherland .
STATE OF TEXAS
COUNTY OF TARRANT
Acknovledqement
on theZ z.. t,.... d day
Ann Sutherland.
~)'h~
Notary Public, State of Texas
.
.
.
...
'.
MEMORANDUM OF AGREEMENT
City Hall Expansion Project
Lot 8, Block 32, Richland Terrace Addition
4901 Marilyn Lane
Owner: Meredith Sutherland
Our negotiations for City Hall Expansion across your property have progressed to the point
that you have indicated a willingness to sign a deed in return for payment as agreed to in our
previous discussion. It is thought to be in the best interests of both you, as Seller, and the
City of North Richland Hills, as Buyer, to confirm this agreement in order to avoid any
possible misunderstanding as to the details of the purchase or the process by which the City
will make payment.
Your property is Lot 8, Block 32, Richland Terrace Addition located at 4901 Marilyn Lane,
North Richland Hills, Texas 76180.
The City is purchasing all of this property. The payment of $68,500.00 as herein agreed to
will constitute full payment to be made by the City for the property to be conveyed to the
City. The City and the Seller have agreed to the following provisions:
1.
The payment of the amount herein stated and the terms herein provided constitute the
only promises, consideration and conditions of this purchase, and no other promises,
considerations or conditions have been promised or implied that are not set herein.
The parties agree that the City shall deduct from the purchase price the unpaid
balance of the loan in favor of Lomas Mortgage USA which is $9,472.06 and this
sum shall be paid directly to the mortgage in full payment of the existing lien against
the property. Net compensation to the Seller will therefore be $68,500.00 minus
$9,472.06 or $59,027.94.
2. Taxes shall be prorated to date of closing. Seller will assign her insurance policy to
the City. The trust and escrow account (NO.07/D'/7'Cf) at Lomas Mortgage USA
is hereby assigned to the City of North Richland Hills by the undersigned Sellers.
3.
In consideration of the City's allowing Seller to occupy the above described land after
its acquisition by the City, Seller agrees that such occupancy shall terminate no earlier
than November 1, 1994. Seller agrees that occupancy shall be for their benefit
exclusively, and that any attempt to assign such benefit, or to lease, rent, sublet, or in
any manner suffer or permit occupancy of land or improvements thereon by a third
party shall automatically suspend the operation of this provision, and the City shall
then have immediate right of possession. With respect to any improvements located
upon said land, title to which is to be acquired by the City, Seller shall make every
reasonable effort to keep such improvements in good repair and shall exercise such
diligence as may be necessary to protect same from damage. Seller agrees that the
'"
.
'}.- ~ B
~'
6.
.
Memorandum of Agreement
Page 2 of 2
City's employees or agents may make inspection of the premises from time to time,
and that the City will be notified at the time Seller vacates the premises.
4.
In consideration of this no-rent agreement until November I, 1994, the Seller agrees
that the City will not be liable for injury to Seller or Seller's family as a result of the
occupancy. Seller agrees to provide their own personal contents insurance coverage
during their occupancy past the closing date.
5.
It is expressly understood and agreed that Seller is retaining title to the following
located on the above described real estate, to wit: Furniture and other personal
property, 3 ceiling fans and book case in the living room, o.w-k>""'QJ.i<.. 5"Y1'j" dO'f);'-
o f~'" IU', +1 n¡,- $'CI ~ It.. I Þ.. II -cf ~~..,.. cJ o~ t+.
Seller covenants and agrees to remove the above described improvement(s) and
personal property from said real estate by November I, 1994, subject, however, to
such extensions of time as may be granted by the City in writing; and if, for any
reason, Seller fails or refuses to remove same within said period of time prescribed,
then, without any further consideration, the title to all or any part of such property
not so removed shall pass to and vest in the City of North Richland Hills forever.
7.
The City agrees to pay actual moving and relocation expenses up to $4,000.00, in
addition to the compensation described in paragraph 1 above.
8. The City, without cost to the Seller, will pay the cost of recording all instruments
conveying title to the City.
CITY OF NORTH RICHLAND HILLS
BY: ~¡ ¡) k~
Mark Bradley
Right-of-Way Agent
APPROVED:
~~ ~~M
Mer ith Sutherland
SELLER
.
(- '1-2 ~4
Date
CITY OF
NORTH RICHLAND HILLS
Department: Finance/Management Services
Council Meeting Date: 6/13/94
Subject: Award Bid for Mid-size Sedan
Agenda Number: PU94-50
As part of the Parks CIP budget, funds were appropriated for the
purchase of a vehicle for the Planning and Construction
Superintendent position. For the past several years the City has
standardized its mid-size fleet to the Chevrolet Lumina sedan. This
type vehicle has proven to be reliable and the City vehicle
maintenance personnel are trained to service this type vehicle.
Bids received are:
Hudiburg Chevrolet
Classic Chevrolet
$14,837
$14,700
The vehicle bid by Hudiburg is a 1995 and could take up to 120 days
for deli very. The vehicle bid by Classic Chevrolet can be
delivered in two days after receipt of order.
Recommendation: It is recommended City Council award the bid to
Classic Chevrolet for a 1994 Lumina in the amount of $14,700.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget ~
Other
~C~
Department Hea Ignature
CITY COUNCIL ACTION ITEM
Finance Dlreclor
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Community Services Department
I
. Department:
SUbject:
6/27/94
Council Meeting Date:
Award of Bid for Richfield Park Irrigation
Agenda Number: PU94-51
Formal bids have been solicited for Richfield Park Irrigation. The results are outlined below.
Phillips $38,818
Rose Oown $41,145
A New Deal $41 ,813
A-1 $50,340
Green Enterprises $52,749
Sprinkle 'N' Sprout $64,145
Funding is available from the Parks and Recreation Facility Development Capital
Improvement Program, Richfield Park Irrigation Account, 09-92-31-6000. A $30,000
donation by the Richland Youth Association is being used to install this irrigation system.
Recommendation:
It is recommended City Council award the bid for the construction of the Richfield Park
Irrigation to Phillips Lawn Sprinkler in the amount of $38,818.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
x
x
"'---
--\2 -= ~
Department Head Signature
CITY COUNCIL ACTION ITEM
Page 1 of
CITY OF
NORTH RICHLAND HILLS
e Department:
Subject:
Community Services Oepartment Council Meeting Date:
Award of Bid for Adventure World Restroom Building Agenda Number:
6/27/94
P U 94-52
Formal bids have been solicited for construction of the Adventure World Restroom Building. The results
are outlined below.
Tom S. Stephens
$ 80,000
Gahn Company
$107,597
Fundina Source:
Funding in the amount of $70,000 was appropriated for construction from the Parks and Recreation Facility
Oevelopment Capital Improvement Program, Adventure World Restroom Account, 09-92-32-6000.
Additional funding for construction in the amount of $10,000 is available from the professional services
budget for this same project.
RECOMMENDATION:
It is recommended City Council award the bid for the construction of the Adventure World Restroom
Building to Tom S. Stephens in the amount of $80,000 and approve the use of funds as outlined above.
e
Finance Review
Source of Funds: Acct. Number 09-92-32-6000
Bonds (GO/Rev.) -X. Sufficient Funds Available
Operating Budget _
Other
~)~--~~--
Department Head Signature
CITY COUNCIL ACTION ITEM
Page 1 of
e
e
e
MEMORANDUM
COMMUNITY SERVICES DEPARTMENT
Date:
June 17,1994
To:
Oonna Enos
Purchasing Agent
From:
Bill Thornton
Parks and Public Grounds Manager
Subject:
Award of Contract for Adventure World Restroom Building
Re:
PRM1894
The Community Services Oepartment staff and the consultant, Schrickle, Rollins,
Associates, have reviewed the bids received and recommend award of contract to the low
bidder, Tom S. Stephens, in the base bid amount of $80,000.
Funding is available from the Parks and Recreation Facility Oevelopment Capital
Improvement Program, Adventure World Restroom Account, 09-92-32-6000.
attachment: Brinkley Sargent Letter
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CITY OF
NORTH RICHLAND HILLS
Subject:
Public Works Council Meeting Date:
Approve Reimbursement to ARC a for Pipeline Adjustments on
Strummer Drive Tmprovement~ - Re~oll1tion No Q4-?7 Agenda Number:
6/27/94
- Department:
PW 94-21
ARca Pipe Line Company's existing 3-inch pipeline will have to be lowered across Strummer Drive.
The line will be in conflict with the proposed street subgrade if it is not lowered.
ARca's estimate for the adjustment of the pipeline is $22,138.85. ARCa will require a certified copy of
the attached resolution after its approval by Council before it will proceed with the pipeline adjustments.
Fllnrlinp; SOIlr~e:
From: Unspecified Streets CIP Fund Balance
$22,200
To:
Strummer Drive Street Project
13-30-92-6000
$22,200
Re~ommenrl;:¡tion :
The staff recommends Council approve Resolution No. 94-27 and the transfer of funds as indicated
above.
Finance Review
~
Inance Director
Page 1 of
.
.
.
RESOLUTION NO. 94-27
WHEREAS, the City of North Richland Hills will be improving Strummer Drive from
Bedford-Euless Road to Grapevine Highway and;
WHEREAS, ARCO Pipe Line Company (ARCO) will have to adjust a 3-inch pipeline
to avoid conflict with this proposed Strummer Drive project, and;
WHEREAS, ARCO will require 100% reimbursement from the City for all costs
associated with their adjusting this pipeline--estimated to cost $22,138.85;
THEREFORE, BE IT RESOLVED BY the City Council of the City of North Richland
Hills, Texas that:
The City of North Richland Hills will reimburse ARCO Pipe Line Company for the
total actual cost of the adjustment of the 3-inch pipeline across Strummer Drive. The
reimbursement will be made to ARCO after completion of the pipeline adjustments and
presentation of an invoice to the City.
PASSED AND APPROVED this 27th day of June, 1994.
APPROVED:
Tommy Brown, Mayor
ATTEST:
Jeanette Rewis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
JUN- 3-94 FRI 10:09 KNOWLTON-ENGLISH-FLOWERS P.02
.-
.
.
.
KNOWL TON-E NGLISH-FLOWERS, INC.
CONSUL TING E,",GINEERS , Fort Worth· Dallas
June 3, 1994
ARca Pipe Line Company
P.O. Box 1410
Euless, Texas 76039
Attention: Mr. Samuel C. Lun, P.E., Area Engineer
Re: 3-368, CITY OF NORTH RICHLAND HILLS
STRUMMER DRIVE PA VING AND DRAINAGE
UTILITY RELOCA TION AGREEMENT
We have received your estimate of cost by FAX today for lowering the existing 3-inch
diameter ARCO pipe line which crosses Strummer Drive at the approximate location shown
on the attached sketch. Cost participation by the City of North Richland Hills will be subject
to approval by the City Council. The next scheduled Council meeting is on June 13, 1994.
The relocation work proposed by your openi.tions supervisor, Mr. Glen Moore, includes
lowering the 3-inch line to a depth approximately equal to that of the adjacent 6-inch ARCO
pipeline, (which will not require lowering). Since the limits of the utility relocation
operations will extend beyond the existing street right-of-way, we understand that the City
will be required to coordinate with adjacent property owners and obtain their permission for
this utility work to be performed on their property. We further understand that the City will
be responsible for restoration of the adjacent properties to the owners' satisfaction after the
relocation work is complete.
By copy of this letter, we are transmitting your estimate to the North Richland Hills Director
of Public Works, Mr. Gregory W. Dickens, P.E., along with your letter of May 13, 1994.
for further action. Meanwhile, please call if you require any additional data or other
information from our office.
.aa
RICHARD W. ALBIN, P. E.
~
RW A/ral ARCO.368
cc:
Mr. C.A. Sanford, Deputy City Manager
Mr. Gregory W. Dickens, P.E., Director of Public Works
Mr. Larry Cunningham, Director of Finance
1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283·6211 . METRO 817/267-3367. FAX 8171354·4389
j
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JUN- ~-94 ¡;::-~I
U.D, Job Cost Estimate
..~ 1 4
~".
K N 0 ~~ L T 0 t::l:-:.~_N.ç;¡ LIS H - F I.......QW_~ R S
KSOU
P _ ø 4 ,__;
(Non GPI
Note Book No.
Drawing No.
Exhibit A
1. Description of job:
. Lower approximately 300 feet of 3~ ø/øellne and recondition line ooating in order to accomodate the reconstruction of
_ Strummer Drive( Bedford-Eu!ess Roed to SH No.26) in NRH, Tarrant CQunty, Texas.
2. labor
~ ::~
No. Classification I Man hours IRate Cost tTotals
Tlm.lceeper and warehouse materialmen I ¡ I I
Welder (¡¡ ~ " . ~'4-
TNCk driver Pot'·I'-· brand fax tral'lsmltteJ memo 7611 I' of PI.II" Þ ë.-
PiDet!ner " ;2.\,~ A '-ê- ~ F'.'" ~ Av.... L.v..)
PipeDner (Prelim. engineering)
Mechanic co. 1<' c:. F l I ,..,'- co. Þr~() ,,'- 4:J
Dept. Phane I ~ i' .1+0'~
.
r;ø,t u, J !IS ... ~O C ~
I I ,
~. EMlneering, Supervisor, Inspection and RNJ øereonl'lel
1\10. Clusificdon Man days Rate Cost
Malntainence foreman
1 Engineer - prelmlnøry survey 1 $210,00 $210.00
1 Engineer· draftlna ana DreDaration of estimate 1 $210,00 $210.00
1 Enaineer . con&truation and corrosion :z $210.00 "20.00
1 RlghteC)t~way laent 2 1217.00 ~34.QO'
1 In5P.ctor 4 $210.QO 5840.00
4. Subtotal, dirKt '¡bor (Total, Items 2 and 3) 12.114.00
!t V.clIon p.y, hoUday and sickness benefits (10.55% of Item 4) $223.03
I. Total direot labor (Total of Un.. " and 5) S2,~37.03
7. Other labor coats:
Employee ben.rlt costa 21.4PAa
Workmen'. compensation 3.17~
Generall/ablllty Insurance 4.00~
Social seourlty taX" 7.27%
8. Totsl other labor COlts I 36.41~(of Item 6) $850.81
9. Travel and Dving expenses - Preftminary Engineering
1 (). Travel and living expenses - construction $300,00
11. Right-of-way C:08t
12. Property damage $1,000.00
t 3. Crude oil or produda loat
!4. Contingency
~
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1~. Payments to contrl!llctora
Desaiøtion of work I Rate Cost
lower II)0ro)(. 300 feet of 3-lIne bv a min, of four feet, and recondition
line coatínQ, install corrosion teat Doint station and nlpeline markers ,
b.çkfiB Ind come.at III ditdles, clean UP & restore work site, $10,000.00
. ,.
. .":
....
~-' !
i ~.
So~ COmDaction Inspection. Proctor Censitv Test
18. Comøany owned oaUÎDment end rental cars
No. Cescrlcüon
1 Paeeenoer oar - enalneer -Dretlminarv
1 Passenger car· enalneer . construction
f P....naer çar . ~"1t-of·waY laent
Station waGon
1 1/2 Ton DlckuD
1 Ton Truçk
2 Ton Winch truck
Tank truck
At OOmgreaaor
'xvaon-scetvlene cuttlnauand weidina equipment
",Idlng Ma<Ü'le
atohet pipe cutter
Portable pumpina unit
Uno tflDDing machine
17. Yaterilll
OcølDtion of material
C.llna Insulators-
Casino Slal&
Feet of Inch new DiD. for Casino. MIl Relwct
Feet of inOO new pipe for catino, Mill Reject
Feet of Inçh new Dice for vent
Felt of coatina material
field Coatino Material for Repair
Rate
SO.276
$0.278
$0.276
MA" or days
30
1M
100
300
$0.398
Unit cost
'18. Subtotal
19. Salvage material (pip. & fJttinc&)
OeeOl1Dtion
Feet of Inçh secondhand pipe
Unit cost
20. Coat of ooatlng - material & labor (appUes onIV when replacing bare pipe)
$1.000.00
Cost
$8.28
S27~60
-~7.eO
5119.40
Coat
$1 000.00
Total
21. Subtotal (total of Item 19 & 20)
22.. Subtotal (Item 1 e less Item 21)
~ ----,
2~. Overhead. general $upervlslon ')
ond other Indlreçt colJls ~
24. Total estimated cost of project
,:5. Right-of-way width:
Prop08cd right of way
Pre..nt right 01 wIY
Ad~tion8Irtghtof\Nay
1:6. Distribution of projed cost:
To be borne by City of North Richland HIU.
To bo borne by company
Ëlualness Unit
Products Business Unit
100
Date
613/944
engineering Dept.
n.
ft.
It.
%
%
P.0S
Totall
$11,000.00
$182.88
$1,000.00
$16,870.82
'1e 870.82
$5,468.03
$22,138.85
JUN- 3-94 FRX 10:18 KNOWLTON-ENGLISH-FLOWE~~ p 06
.----I~AY -13- '94 FR I 11: 1. 6 i D ; ARLI NGTON OFF I CE FAX NO: 817- 355-401::¡ ~::¡':r7 Pl::Jl -
.
ARca Pipe LIne Company
Po$t Offlco Box 1410
!ule5& Toxas 16039
Telephone 817 267 3~42
Fax 8173554013
~~
~".
May 13, 1994
Mr. Richard Albin. P. E.
Knowlton-English-Flowers, Inc.
1901 Central Drive.. Suite 550
Bedford, Texas 76021
a.pt.
(Felt/
Re: Arlington-Ft Worth 3" & 6" at Strl1Duner Drive, NRH, Tarrant
County. Texas.
Dear Mr. Albin:
.
Confirming our phone conversa.tion today, ARCO Pipe Line Company
(APL) has reviewed the proposed site plan. ¡raùing. drainage and
utility plan you provided us on May 11. Please be advised that APL has
an objection to your paving plan on Strummer Drive at our pipe1ines
crossing as indicated on your drawing: Sheet 10 of 28 due to
inadequate vertical clearance between the top of APL's 3" tlne and the
bottom of proposed 5ubgrade of the new street.
The following guidelines are to be considered in your design within
APL's easement area:
1. APL shall be notified 48 hours before any Contractor begins work
within our easement. Please contact ARCa at 817-267-3242.
2. No dirt shall be allowed to stockpile on and. acrosS any part of APL's
easement at any time due to emergenty operation and repair purposes.
3. No heavy comtruction equipments of any kind shall be allowed to
operate and park over APL's line.
4. No soil shall be (emoved from existing ground within the entire
pipeline easement area. Adequate erosion control device shall be
installed to prevent excessive wash out within pipeline easement area.
S. A minimum of 12" vertical clearance between APL's pipeline and all
proposed services line(s) shall be maintained.
.
_ J uJ:::l.=-....,.iFi,-={~_4::¡..~,.ft :liJ.; J.!, ø ¡Ï,;;~~1I~Kj ~CüH h..J' 0 N ;-H~ J::i¡~!-(!~~~tI~~¡~ LOW E 'iL~'( ~¿ 121 7
.
May 13, 1994
Page 2
6. A minimwn of 2411 vertical clearance between the top of APL's
pipeline and the bottom of the new subgrade at all new residential
street crossing.
1, Use flexible type of pavement design within APL's easement arc.a.
Pavc:stone design, asphalti~ surface and concrete paving with
construc.tion joints every 10 feet are considered to be acceptab1e.
I will be working out of Oklahoma area next week, however, InY
representative wilt attend your utility coordination meeting on May 17,
If you need additional information. please call my office or pale me at
1-800-44~-7243 1D number 079138.
Sincerely,
.
ç dJ c Lu...,..
Samuel C Lun, P.E.
Area Engineer
:x.c:Glen Moore/ARL
Clyde Stone I ARL
John TyhurstlHO
Greg Dickens/Director of Public Works, NRH
.
~'
Department:
CITY OF
NORTH RICHLAND HILLS
Subject:
Public Works Council Meeting Date: 6/27/94
A ward of Bid for Traffic Signalization at
Watauga Ro~eI ::mel Tpc.nol ROlllpv~TeI Agenda Number: PW 94-22
Bids were accepted for signal installation at Watauga Road and Tecnol Boulevard on June 20, 1994.
Shown below are the two companies which submitted bids:
Rieleler
A monnt
r.~lenelar Days Riel
Integrated Roadway Systems, Inc.
Sharrock Electric
$38,916.10
$42,000.00
140
120
FnnelinE SOllTce:
Sufficient funds were budgeted on February 28, 1994 in PW 94-05 for this project.
Recommenelation:
Staff recommends Council award the bid to Integrated Roadway Systems, Inc. in the amount of
$38,916.10 for a period of 140 calendar days.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other ~ ~
~-' ~~~
r Departmen Head Signature -
CITY COUNCIL ACTION ITEM
~k\r
Finance Director
Page 1 of
I
.
.
.
KNOWLTON-ENGLISH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth- Dallas
June 21, 1994
Mr. Gregory W. Dickens, P.E.,
Director of Public Works
City of North Richland Hills
7301 N. E. Loop 820
North Richland Hills, Texas 76180
Re: 3-369, CITY OF NORTH RICHLAND HILLS
TRAFFIC SIGNALlZA TION A T THE INTERSECTION
OF WATAUGA ROAD AND TECNOL BLVD.
BID TABULA TION AND RECOMMENDA TION OF A WARD
Bids were received on June 20, 1994 for the referenced project. This project includes traffic
signalization installation at the intersection of Watauga Road and Tecnol Blvd. Two (2)
contractors submitted bids as presented on the attached detailed tabulation. The following is
a summary of the bids:
NO.
BIDDER
TOTAL BID
DAYS
1.
2.
Integrated Roadway Systems, Inc.
Sharrock Electric, Inc.
$38,916.10
42,000.00
140
120
The low bidder, Integrated Roadway Systems, is currently constructing a Bedford
signalization project, which our firm designed, and we have no objections to this contractor.
In the absence of any negative reports regarding the performance of the low bidder on any
other similar projects, we would recommend that the contract be awarded to Integrated
Roadway Services, Inc., 10701 Shady Trail, Dallas, Texas 75220, in the amount of
$38,916.10, for a period of 140 Calendar Days.
We will be present at the June 27, 1994, Council Meeting to assist you with answers to any
questions which the Council may have concerning this project. Meanwhile, please call if we
can be of further service in this regard.
w,~
RICHARD W. ALBIN, P.E.
RW A/raJEnclosures/Bids.369/
1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389
.
.'
.
June 21, 1994
Traffic Signalization at Watauga Road and Tecnol Bovd.
Tabulation of Bids and Recommendation of Contract A ward
cc: Mr. Rodger N. Line, City Manager
Mr. C.A. Sanford, Deputy City Manager
Mr. Kevin B. Miller, P.E., Assistant Director of Public Works
Mr. Larry Cunningham, Director of Finance
Mr. Jimmy Cates, Street Superintendent
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CITY OF
NORTH RICHLAND HILLS
I
.
Subject:
Public Works Council Meeting Date:
Approve Final Pay Estimate No. 18 in the Amount of
$14,615 6R to J L Rertr;:¡m c.on<:tmct1on IV Agenda Number:
Engineering, Inc.for Bursey Road Paving &
Drainage Improvements
6/27/94
, Department:
PAY 94-12
This project was awarded by Council on November 23, 1992 (PW 92-37) to LL. Bertram Construction &
Engineering, Inc. for $1,678,176.24. The total contract amount after change orders is $1,758,503.18.
Final payment to the contractor will make his total earnings $1,730,783.89. This is $27,719.29 under the
contract amount.
The contractor substantially completed this project on September 24, 1993. The contract completion date
was January 20, 1994. The project is now totally complete with all final adjustments having been made.
Fllnòine SOllrce:
Sufficient funds were previously appropriated by Council on 11/23/92 (PW 92-37).
Recommenlht10n:
Staff recommends Council approve final payment to J.L. Bertram Construction & Engineering, Inc. in
the amount of $34,615.68, and transfer the remaining funds to Unspecified Drainage Fund Balance.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev,) Sufficient Funds Available
. Operating Budget _ \. ~~~.
Other - ~ 4/ ì "1\ ----- ":7 -
I ~-= -ß.ø~ - lt~ r\ I ~
" Department He~d Signature - City Manager
. CITY COUNCIL ACTION ITEM
Page 1 of
Finance Director
·
·
·
.
KNOWLTON-ENGLlSH-FLOWERS, INC.
CONSUL TING ENGINEERS I Fort Worth- Dallas
June 21, 1994
Mr. Gregory W. Dickens, P.E.,
Director of Public Works
City of North Richland Hills
7301 N. E. Loop 820
North Richland Hills, Texas 76180
Re: 3-341 CITY OF NORTH RICHLAND HILLS
BURSEY ROAD PAVING & DRAINAGE IMPROVEMENTS
CONTRACTOR'S PARTIAL PA Y ESTIMA TE NO. 18 & Final
Enclosed is one copy of Contractor's Partial Pay Estimate No. 18 and Final, dated June 21,
1994, made payable to J.L. Bertram Construction & Engineering, Inc., in the amount of
$34,615.68, for materials furnished and work performed on the referenced project as of April
30, 1994.
The quantities and conditions of the project have been verified on-site by your representative,
Mr. Ken Matheson, as indicated by his signature on the estimate dated June 16, 1994, and we
have checked the item extensions and additions.
The following is a summary of the final project status:
TOTAL CONTRACT PERCENT
BREAKDOWN ENGINEERING THIS MONTH EARNINGS AMOUNT COMPLETE
(lncl. Retainagel (TE/CA
Paving $146,580.00 $21,727.76 $1,086,388.01 $1,093,799.07 99.32
Drainage 60,072.60 8,237.68 411,883.86 429,524.54 95.89
Water 25,995.39 3,382.83 169,141.29 178,557.99 94.73
Sewer 1,267.41 63,370.73 56,621.58 111.92
TOTALS $232,647.99 $34,615.68 $1,730,783.89 $1,758,503.18 98.42
TOTAL TIME 495 395 125.32
(Calendar Days)
The original contract amount including change orders, was $1,758,503.18, and Contractor
earnings total $1,730,783.89 based on as-built quantities and contract unit prices. Contractor
earnings are, therefore, $27,719.29 under the Contract Amount. The Substantial Completion
1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389
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Page 2,
June 21, 1994
Bursey Road Contractor's Estimate No. 18 and Final
date was September 24, 1993, which was under the contract completion date of January 20,
1994, based on the 395 Calendar Day completion time.
The two (2) year period of maintenance begins on this date, and therefore, will terminate on
June 21, 1996. The maintenance obligation includes repair of all water line leaks and
malfunctions of all valves, fire hydrants, and other equipment furnished and installed under this
Contract along with storm sewer and sanitary sewer line breaks or stoppage. The maintenance
obligation also includes sealing of pavement cracks, repair of pavement buckling or other
failures, along with failure of all concrete flatwork and other concrete structures.
In the absence of any negative reports concerning the condition of the project, and after the
Contractor has signed an Affidavit stating that all bills and subcontractors have been paid, we
recommend that this final payment, in the amount of $34,615.68, be made to J.L. Bertram
Construction & Engineering, Inc., 1007 Harrison Avenue, Arlington, Texas, 76010.
We will be present at the June 27, 1994, Council Meeting to answer any questions you may have
concerning this project. Meanwhile, please call if we can be of further assistance.
)
!2w~W. ~
RICHARD W. ALBIN, P.E.
RW A/raJEnclosures/FinaI.341/
cc: Mr. Rodger N. Line, City Manager
Mr. C.A. Sanford, Deputy City Manager
Mr. Larry Cunningham, Director of Finance
Mr. Ken Matheson, City Inspector
Mr. James G. Humphrey, President J.L. Bertram
CITY OF
NORTH RICHLAND HILLS
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. - Department:
Subject:
Public Works Council Meeting Date:
Approve Final Pay Estimate No. 11 in the Amount of
$123,197.86 to Orval Hall Excavating Co. for Calloway Agenda Number:
Branch Channel Improvements, Phase II-b
6/27/94
PAY 94-13
This project was awarded by Council on April 12, 1993 (PW 93-11) for $1,618,774.07 to Orval Hall
Excavating Co. The final contract amount after change orders is $1,662,806.01. Final payment to the
contractor will make his total earnings $1,633,557.56. This is $29,248.45 under the contract amount.
The contractor substantially completed the project on March 21, 1994. The contract completion date was
April 20, 1994. The project is now totally complete with all final adjustments having been made.
Fnndine Sonrce:
Sufficient funds were previously appropriated by Council on April 12, 1993 (PW 93-11).
Recommencl::¡tion:
Staff recommends Council approve final payment to Orval Hall Excavating Co. in the amount of
$123,197.86, and transfer remaining funds to Unspecified Drainage Fund Balance.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
~er _ \-
~/"7' ~.~ Ct&
, Department Head""S gnature -
CITY COUNCIL ACTION ITEM
Finance Director
City Manager
Page 1 of
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KNOWL TON-E NGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth- Dallas
June 21, 1994
Mr. Gregory W. Dickens, P.E.,
Director of Public Works
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3-366 CITY OF NORTH RICHLAND HILLS
CALLOWAY BRANCH CHANNEL IMPROVEMENTS
CONTRACTOR'S PARTIAL PAY ESTIMATE NO. 11 & FINAL
Enclosed is one copy of Contractor's Partial Pay Estimate No. 11 and Final, dated June 21,
1994, made payable to Orval Hall Excavating Co., Inc., in the amount of $123,197.86, for
materials furnished and work performed on the referenced project as of June 13, 1994.
The quantities and conditions of the project have been verified on-site by your representative,
Mr. Ken Matheson, as indicated by his signature on the estimate dated June 17, 1994, and we
have checked the item extensions and additions.
The following is a summary to the final project status:
TOTAL CONTRACT PERCENT
BREAKDOWN ENGINEERING THIS MONTH EARNINGS AMOUNT COMPLETE
IIncl. Retainage)
Paving $0.00 $36,498.27 $467,898.46 $472,963.22 98.93
Drainage 253,379.12 86,699.59 994,107.03 1,004,141.50 99.00
Water 0.00 88,850.45 98,127.68 90.55
Sewer 0.00 0.00 82,701.62 87,573.61 94.44
TOTALS 253,379.12 $123,197.86 $1,633,557.56 1,662,806.01 98.24
TOTAL TIME 399 345 115.65
(Calendar Days)
The contract amount is $1,662,806.01, including change orders, and Contractor earnings total
$1,633,557.56 based on as-built quantities and contract unit prices. Contractor earnings are,
therefore, $29,248.45 under the Contract Amount. The savings results primarily from retaining
walls which were originally planned along Lola Drive, but not built; and unused contingency
1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389
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Page 2,
June 21, 1994
Calloway Branch Contractor's Estimate No. 11 & Final
fund allowances along with other minor field changes. The Contract Completion date was April
20, 1994, based on a 345 Calendar Day completion time, but we understand that the contractor
was substantially complete on March 21, 1994, which is within the contract period provided.
The two (2) year period of maintenance begins on this date, and therefore, will terminate on
June 21, 1996. The maintenance obligation includes repair of concrete channel liner failures,
sealing of street pavement cracks, repair of pavement buckling or other failures, along with
failure of all concrete flatwork and other concrete structures. The maintenance obligation also
includes repair water line breaks and sanitary sewer line breaks and/or stoppage, and other
equipment furnished and installed under this Contract.
In the absence of any negative reports concerning the condition of the project, and after the
Contractor has signed an Affidavit stating that all bills and subcontractors have been paid, we
recommend that this final payment, in the amount of $123,197.86, be made to Orval Hall
Excavating Co., Inc., 201 N.E. 29th Street, Fort Worth, Texas, 76106.
We will be present at the June 27, 1994, meeting to answer questions which the Council may
have concerning this project. Meanwhile, please call if we can be of further assistance.
~w.~
RICHARD W. ALBIN, P.E.
RW A/ra/Enclosures/FinaI.366/
cc: Mr. Rodger N. Line, City Manager
Mr. C.A. Sanford, Deputy City Manager
Mr. Larry Cunningham, Director of Finance
Mr. Ken Matheson, City Inspector
Orval Hall Excavating Company, Inc.
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North Richland Hills Foursquare Church
Steve Bontrager - Pastor
June. 16, 1994
Mayo~ Tommy ~own
M emb vr..ð 06 Ci:t.y Co unc.il
Ci:t.y 06 No~~h RLehland HL?t.ð
P.O. Box. 820609
No~~h RLehland HLll.ð, TX 76182
Ve.a~ S.vr..ð:
.~
.-'"'
1 would lLke. to .ðpe.ak ~o you on be.hal6 06 ~he. No~~h RLehland HLll.ð
Fou~.ðqua~e. Chwtc.h ~e.ga~d.ing a pLe.c.e. 06 p~opvr.~y at 6732 Me.adow Rd.,
and 7524 Buc.k. We. a~e. c.on.ðLde.~g pu~c.ha.ðLng ~hL.6 p~op~y 60~~he.
PWtPO.ðe. 06 C.On.ð~~uc.;Ung new c.hu~c.h 6ac..LLU:.Le..ð. We. have. be.en ~old ~hat
~he. Ci:t.y 06 Noåh 1Uc.hland HLll.ð would ~e.quL'te. ~hat we. Ln.ð~all Buc.k S~.
on ~he. Noåh bounda~y 06 ~hL.6 land. Buc.k would be. unne.c.e..ð-ða~y ~o ou~
ne.e.d.ð, and we. would lLke. ~o ~e.qUe..ð~:
A. That the. oblLgation 06 pay.ing 60~ Buc.k be. wave.d, o~
B. We. at le.a.ð~ be. able. to 60lte.go any e.xpencLUu~e.
~he.~e.on until .ðuc.h thrre. a-ð de.ve1.opme.n.t; on i:t.ð
noåh .ðLde. m.Lgh-t ~e.quL'te. i:t..ð Lnð~a.ll..ation.
Fuåhvr., we. have. be.e.n. .in601Une.d by publli wo~k-ð ~hat we. would be. ~o~a.ll..y
lte..ðpon.ðLbte. ~o .in-ð:ta.ll.. a -ðLx .inc.h wateJt tLne.. At:. ~he. e..ðthrrate.d 6.Lgu~e..ð
gLve.n..me., ~hat would amount ~o ovvr. $33,000.00. SLnc.e. we. a~e. no~ a
de.ve1.opeJt, we. would We. ~o ~e.qUe..ð~ mvr.c.y 6ltom ~he. Counc.il and ~hat a
C.O-ð~ -ðha~e. plan wi:t.h ~he. c.i:t.y be. a.ll..owe.d. Thank you 60~ you~ thrre..
SLnc.vr.e1.y,
j~-
S~e.ve. Bont~ageJt
Pa.ð~O~
SB/ lb
6540 Glenview Drive . North Richland Hills, Texas 76180 . 284-7488
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LEASE AND CONSTRUCTION AGREEMENT
AND
JOINT USE AGREEMENT
BETWEEN
BJ.S.D. AND NORTH RICHLAND HILLS
REVISED JUNE 21, 1994
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LEASE AND CONSTRUCTION AGREEMENT
BETWEEN BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND
THE CITY OF NORTH RICHLAND HILLS
This Lease and Construction Agreement ("Agreement") is between
the BIRDVILLE INDEPENDENT SCHOOL DISTRICT ("BISD") and the CITY OF
NORTH RICHLAND HILLS ("NRH").
WHEREAS, BISD is the owner of a tract of land upon which is
located Richland High School. A portion of the tract is suitable
to develop into athletic/recreational facilities, portions of which
could be used by both parties. The tennis courts at the school are
in need of substantial repair, and the number of courts is
inadequate for the school's tennis program. NRH desires to have a
tennis center for the city's recreational program; and
WHEREAS, BISD and NRH have jointly considered and studied the
needs of the school district and the city and believe that
substantial savings to the taxpayers of both can be obtained by
joining together to produce athletic/recreational facilities that
will provide the school district new athletic/recreational
facilities for use by the school district, and the city will have
facilities for the use of the city's recreational program; and
WHEREAS, BISD and NRH desire to enter into this Agreement to
provide the land for and to construct athletic/recreational
facilities for use by both parties; and
LEASE AND CONSTRUCTION AGREEMENT - Page 1
WHEREAS, to effectuate the purposes stated above, this
Agreement is executed.
NOW THEREFORE IN CONSIDERATION One Dollar ($1.00) and other
good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, and the mutual covenants and agreements
contained herein, the parties agree as follows:
JOINT CONSTRUCTION OF ATHLETIC/RECREATIONAL FACILITIES
1. BISD and NRH agree to jointly construct
athletic/recreational facilities pursuant to drawings and
specifications (the "Plan") mutually designed, developed and agreed
to by both parties and identified as the athletic/recreational
facilities at Richland High School. The athletic/recreational
facilities will be constructed on land owned by BISD just south and
east of the Richland High School facility and more particularly
described on the working draft document attached hereto as Exhibit
"A" (the "Property").
2. Construction of Improvements and Alterations.
Construction of the improvements shall be effected as set forth
hereafter.
LEASE AND CONSTRUCTION AGREEMENT - Page 2
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a. Responsibili ty. NRH shall cause plans and
specifications for construction of the improvements to be prepared
and which plans and specifications shall be subject to the joint
approval of BISD and NRH. A construction contract shall be
executed between NRH and a contractor selected by NRH which shall
provide for no liability of BISD and no encumbrance upon its
Property.
Construction shall be undertaken, inspected and
supervised by NRH provided, however, that BISD reserves the right
to review, inspect, and comment on such construction, and its
evaluation shall, to the extent reasonable and possible, be
implemented by NRH, so long as no additional cost is incurred by
NRH.
NRH and BISD reserve the right to perform parts of the
construction with its own employees.
NRH and BISD agree to pursue joint decision making on all
aspects of the construction of these athletic/recreation
facili ties. However, in the event both parties are unable to
jointly resolve any aspect of facility design or construction, then
the final decision specific to that dispute will be submitted for
resolution to the Mayor of NRH and the Board President of BISD. In
the event the Mayor of NRH and Board President of BISD are unable
to jointly resolve any aspect of facility design or construction,
LEASE AND CONSTRUCTION AGREEMENT - Page 3
then the matter will be submitted within thirty (30) days to a
thirq party mediator. In the event the third party mediator is
unable to cause the parties to resolve any aspect of facility
design or construction, then the final decision specific to that
dispute, within thirty (30) days of mediation impasse, will be
submitted, for binding arbitration by a third-party arbitrator,
whose decision will be final. The third party mediator and/or
third party arbitrator shall be mutually agreed on by the parties
or, absent such agreement, each party shall name a third party
mediator (or arbitrator, as applicable). The two third party
mediators (or arbitrators, as applicable) shall thereafter jointly
agree on a mediator (or arbitrator, as applicable) to perform the
duties described in paragraph 2.a herein. Any appointed mediator
(or arbitrator, as applicable) must have completed adequate
training and/or attained appropriate certification as is customary
in Tarrant County.
b. Time and Permitted Interruptions. NRH shall commence
construction of improvements as soon as practicable after the date
hereof and shall proceed to complete those improvements with
minimum delay. The time within which NRH is obligated hereunder to
construct, repair, maintain or rebuild any building, structure, or
other improvement, shall extend for a reasonable period of time,
and performance delays shall be excused on account of and for and
during the period of, any delay caused by strikes, threats of
LEASE AND CONSTRUCTION AGREEMENT - Page 4
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strikes, lockouts, war, threats of war, insurrection, invasion"
acts of God, calamities, violent action of the elements, fire,
action or regulation of any governmental agency, law or ordinance,
impossibility of obtaining materials, or other things beyond the
reasonable control of NRH. NRH shall use its best efforts to
complete the facilities or cause the facilities to be completed at
the earliest possible date in accordance with the construction
contracts. Provided, however, the parties agree to direct any
contractor performing work on the Property to temporarily stop any
activity which disrupts important educational activities, such as
testing, upon request by the BISD Superintendent, or his designee.
c. Contractor Requirements. NRH shall require every
contractor to furnish insurance protecting NRH and BISD, their
respective officers, agents and employees, as their respective
interests may appear, against any claims for personal injuries,
death claims, and property damage that may be asserted because of
said construction and equipping, said insurance to be of such
character and in such amounts as may reasonably be determined by
NRH. NRH shall further require all contractors to post performance
and payments bonds and shall submit the form of such bonds to BISD
for its review and reasonable approval prior to bidding the
construction.
LEASE AND CONSTRUCTION AGREEMENT - Page 5
d. Cooperation of BISD and NRH. BISD agrees to give.
full access to its facilities and cooperate with each contractor
engaged in constructing and equipping the facilities during the
time of construction and shall permit NRH and its employees and
agents, at all reasonable times, to enter and inspect such
construction and equipping. Notwithstanding the foregoing, NRH and
the construction contractors shall use every reasonable effort to
minimize the disruption of school activities in connection with the
construction or review of construction.
e. Primary Management and Operations Authority for the
Improvements. Primary management and operations authority for the
following improvements placed on the Property by NRH shall be and
remain in NRH subject to the terms and conditions of this Lc~oc
Agreement: Tennis Center, Hike/Bike Trail & Pedestrian Bridge,
Tennis Center parking lot, related utilities, and future
Natatorium, if developed at this site. Primary management and
operations authority for the following improvements shall remain
wi th BISD subj ect to the terms and conditions of this Lco.oc
Agreement: Varsity Baseball Field, Band Practice Field, Practice
Athletic Fields, and future Varsity Softball Field.
LEASE OF PROPERTY AND TERMINATION
3. BISD agrees to lease the Property to NRH together with
LEASE AND CONSTRUCTION AGREEMENT - Page 6
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all easements, rights and appurtenances in connection therewith for.
the shared use by NRH as further described herein. This le.J.oe
Agreement shall continue for as long as NRH operates and maintains
the Tennis Center, Hike/Bike Trail & Pedestrian Bridge, Tennis
Center parking lot, related Utilities, and future Natatorium, if
developed at this site. tennio center, bridge, and tr.J.i13. In the
event NRH, by action of its council at a properly called meeting,
abandons this Agreement or breaches this Agreement, BISD may
terminate this Agreement and all improvements made on the Property
shall become the property of BISD. In the event BISD, by action of
its Board at a properly called meeting, abandons or breaches this
Agreement, NRH may terminate this Agreement and shall be reimbursed
by BISD an amount equal to the actual cost of the abandoned
improvements paid for by NRH. The payment for improvements will be
amortized over a 20 year period to compensate NRH for said
improvements.
a. Termination by Default. Upon any material default by
one party hereto and failure to cure such default after ninety (90)
days prior written notice of such default, this Le.J.oe Agreement may
be terminated at the sole discretion and option of the
non-defaulting party by written notice to the defaulting party. The
notice of default required herein shall state, in addition to
describing the default, aftè how the default is to be cured. The
effective date of such termination shall be the date prescribed by
LEASE AND CONSTRUCTION AGREEMENT - Page 7
the non-defaulting party in its notice of termination, which date.
shall not be less than ninety (90 ) days from notice. If the default
is not curable within (90) days, then the defaulting party shall
have additional reasonable time to cure such default provided steps
have, in good faith, been commenced by the defaulting party to cure
such default and prosecuted to completion with diligence and
continuity. Failure to issue notice of default shall not constitute
a waiver of such event of default.
b. Texas Parks & Wildlife Department Grants. NRH and
BISD agree to modify ~ this LCGOC Agreement to conform to TP&WD
Texas Parks & Wildlife Department guidelines should both agencies
jointly decide to pursue development grants administered by the
Texas Parks & Wildlife Department.
c. BISD agrees to share the use of the main Richland
High School parking areas at all times when there is not a BISD
activity scheduled for the school facility.
PHASE I
4. Phase I of this project will include the demolition of
the existing baseball field by BISD following the baseball season
in the spring of 1994. A new baseball field will be constructed by
BISD on the 33.5 acre tract northeast of the school on the west
side of the drainage channel and more particularly described on
Exhibit "A" (the "Northeast Tract"). Fill material will be required
LEASE AND CONSTRUCTION AGREEMENT - Page 8
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to "reclaim" the Northeast Tract from the floodplain pursuant to U..
S. Corp of Engineer Regulations and subj ect to the review and
interpretation of the NRH Public Works Department. BISD and NRH
agree to provide any dirt left over from construction projects in
the most economical way and NRH agrees to complete the reclamation.
After reclamation, NRH will complete site preparation.
PHASE II
5. Phase II will include construction of the tennis center
on the Property. The proposed budget for the tennis center is
$1,925,000.00 of which BISD will contribute $320,000.00 along with
providing the land pursuant to the terms of this Agreement, and the
balance of which will be contributed by NRH. The tennis center will
contain approximately nineteen lighted courts, contingent upon site
restrictions and other limiting conditions.
6. A new baseball field and practice fields will be
constructed on the Northeast Tract on the west side of the channel.
Practice fields for baseball, softball, soccer and football will be
constructed on the east side of the channel on the Northeast Tract
and space will be allocated to construct a softball field for girls
fastpitch in the future. BISD will construct the baseball field and
the irrigation system and establish the turf. NRH will contribute
$1I,OOO.00 toward the construction of the new baseball field, and
will provide the backstops, soccer goals, and turf material, for
LEASE AND CONSTRUCTION AGREEMENT - Page 9
the practice fields on the Northeast Tract. BISD will make
available ~ its hydromulch equipment and both BISD and NRH will
jointly provide labor for the hydromulch application.
The general public will be permitted to use the practice
fields and open space when not being used for scheduled school
activities, subject to the provisions of Section 2.C.of the Joint
Use Agreement.
7. A new band practice area will be developed by BISD on the
Northeast Tract and/or north of Lewis Drive as shown on Exhibit
"A".
8. A trail system and pedestrian bridge will be constructed
by NRH in accordance with the Plans.
The trail system and
pedestrian bridge are contingent upon the approval of "ISTEA"
Enhancement grants1.2 Development and construction phasing may be
determined by Texas Department of Transportation timetables.
PHASE 'III
9. Phase III may include the construction of a natatorium at
some future date. Funding has not been established but the parties
lThis Grant was awarded to North Richland Hills by the Texas Department
of Transportation on April 28, 1994. The city is currently awaiting formal
written notification and delivery of agreements for appropriate signatures.
2The total acceptance of the Lease and Construction Agreement relies and is
contingent on the pedestrian bridge being installed to provide access to the
physical education fields that will be relocated east of the channel.
LEASE AND CONSTRUCTION AGREEMENT - Page 10
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agree that the area indicated on Exhibit "A" as "Future Natatorium".
will be reserved for such purpose for a minimum of 5 years from the
effective date of this Agreement or until thc City Councilor NRH
chooses an alternate site for natatorium development or takes
action to abandon such plans. The awarding of a design contract
for a natatorium within 5 years of formal adoption of this
A reement shall serve as notification of intent to construct said
facilit. Construction will be in within one ear of the
completion of facility design. The construction plans, operations,
and financial considerations will be mutually agreed upon by both
parties prior to any commitment of development.
OPERATION OF TENNIS CENTER AND ATHLETIC/RECREATION FACILITIES
IO. A separate Joint Use Agreement which describes the manner
~ in which the implementation of the joint use of the property,
the methodology by which such joint use shall be shared during the
term of this lC~8e ~greement, the method of communication between
the parties hereto, and general adrninistra ti ve issues in the
implementation of this IC~GC Agreement, is attached hereto and made
a part hereof. An additional Joint Use Agreement, specific to the
natatorium, will be developed when and if a joint decision is made
to build such a facility at this site.
LEASE AND CONSTRUCTION AGREEMENT - Page 11
USE OF FACILITIES BY BISD
11. See Joint Use Agreement.
SIGNS
12. NRH shall have the right to erect and maintain all signs
necessary and appropriate to the operation of the tennis center and
trail system; provided, however, that no sign shall be erected if
the erection, maintenance or removal would decrease the value of
the Property without the consent of BISD or would be in violation
of any rule or regulation of the Texas Education Agency or the
State Board of Education.
CHANGES, ALTERATIONS OR ADDITIONS
13. Significant changes, alterations or additions to the
athletic/recreational facilities shall be submitted to both parties
for reasonable evaluation and joint approval, pursuant to the terms
described in the Joint Use Agreement.
DEDICATION OF HOLIDAY LANE RIGHT OF WAY
14. BISD agrees to dedicate a strip of land adequate to
accommodate the improvement of the Lewis Drive - Holiday Lane
intersection. (As per Exhibit "B")
LEASE AND CONSTRUCTION AGREEMENT - Page 12
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COMMENCEMENT OF CONSTRUCTION
15. The parties agree to commence construction and diligently
pursue completion of Phases I and II as soon as reasonably possible
after Plans have been approved by NRH and BISD.
Executed this day of , 1994.
CITY OF NORTH RICHLAND HILLS
BIRDVILLE INDEPENDENT SCHOOL
DISTRICT
By:
TOMMY BROWN, MAYOR
By:
CALVIN WHITE, PRESIDENT
ATTEST:
ATTEST:
JEANETTE REWIS, CITY SECRETARY
CHARLES SCOMA, SECRETARY
APPROVED AS TO FORM:
ATTORNEY FOR THE CITY
ATTORNEY FOR BISD
Rex McEntire
James B. Morgan
June 21, 1994
LEASE AND CONSTRUCTION AGREEMENT - Page 13
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JOINT USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS JOINT USE AGREEMENT, by and between the CITY OF NORTH
RICHLAND HILLS, a municipal corporation ("NRH") and BIRDVILLE
INDEPENDENT SCHOOL DISTRICT, ;l TCX;lO nonprofit corpor;ltion ("BISD")
is entered into this day of , 1994.
RECITALS:
WHEREAS, BISD has existing land (the "Property") which it tfte.
diotrict uses for athletic facilities and BISD wishes to enhance
and expand its facilities; and
WHEREAS, NRH and BISD believe that improvement of the existing
athletic and recreational facilities of BISD and construction of a
tennis center, varsity baseball field, hike/bike trail & pedestrian
bridge, band practice field, practice athletic fields, and a future
varsity softball field on the Property pursuant to the terms of a
Lease and Construction Agreement between the parties hereto
executed contemporaneously herewith (the "Lease Agreement") will be
of mutual benefit to the residents of NRH and BISD as well as the
staff and students of BISD; and
WHEREAS, if a natatorium is constructed, an additional Joint
Use Agreement, specific to the natatorium, will be developed when
and if a joint decision is made to build such a facility at this
site.
WHEREAS, BISD fta¥e has agreed to contract with NRH for the
joint use of the Property as set forth in the Lease Agreement and
JOINT USE AGREEMENT - Page 1
herein; and
WHEREAS, NRH and BISD desire to describe the manner of
implementation of the joint use of the Property and delineate such
other matters as are set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, NRH and
BISD agree to implement the joint use of the Property and to the
terms and provisions as set forth ~herein:
AGREEMENT
1. purpose and ~ of ~ Agreement. The purpose of this
Joint Use Agreement is to define, subject to later agreements by
the parties hereto, the implementation of the joint use of the
Property, the methodology by which such joint use shall be shared
during the term of this Joint Use Agreement, the method of
communication between the parties hereto, and general
administrative issues in the implementation of the Lease Agreement.
In the case of conflict of any provision in this Joint Use
Agreement with a provision in the Lease Agreement, the provisions
set forth in the Lease Agreement shall control. The rules and
regulations contained in this Joint Use Agreement shall be reviewed
and renewed annually with the goal of maintaining an efficient
procedure for implementing j oint use of the Property which is
beneficial to NRH and BISD. This Joint Use Agreement shall
terminate upon the termination of the Lease Agreement.
JOINT USE AGREEMENT - Page 2
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2. Approved Uses. BISD may use the Property at such times as
are designated in Paragraph 3 below for any purpose for which it
could have used the Property if this Joint Use Agreement and the
Lease Agreement had not been executed. During the term hereof, NRH
may use the Property during the times as set forth in Paragraph 3
below solely as a general purpose athletic and recreational
facility on behalf of the Permitted Users ~o th~t term io defined
in the Le~oe ~greement, subject to the following limitations:
A. Alcoholic Beverages, Tobacco, and Controlled
Substances. There shall be no sale or consumption of alcoholic
beverages, tobacco, or controlled substances, as such controlled
substances are defined under the law existing as of the date of
this Joint Use Agreement, upon the Property.
B. Athletic and Recreational Use. The Property shall
not be used by any person or persons who shall engage in loud,
boisterous, threatening, abusive, insulting or indecent language or
engage in any behavior tending to lead to an immediate breach of
the public peace or tending to incite violence, crime, or
disorderly conduct. The Property shall not be used in a manner
which disturbs or unreasonably interferes with any person or party
occupying any area of the Property or which otherwise detracts from
the promotion of the public health, welfare, safety and recreation
on the Property. The Property shall not be used by any persons or
person who shall engage in conduct which creates an immediate
danger of damage to property (including particularly any use of the
athletic playing fields for other than athletic purposes) or injury
to persons or which entails unusual, extraordinary or burdensome
JOINT USE AGREEMENT - Page 3
expense by NRH or BISD. The use of the Property shall additionally
be subject to all other ordinances of NRH existing or hereafter
enacted regulating the activities on the Property which are not
inconsistent with the provisions contained herein. There shall be
no usage for functions other than such functions which are solely
and exclusively for athletic and recreational uses or which have
been approved in advance by BISD and NRH. All BISD activities
shall be subject to rules and regulations adopted by the University
Interscholastic League (UIL) and the Texas Education Agency.
C. Permitted Usage. Permitted Users shall include
students and staff of BISD and eligible program participants as
defined by the policies and procedures of the NRH Parks and
Recreation Department ("Permitted Users"). Such policies and
procedures shall provide that residents within the boundaries of
BISD will not be charged fees greater than those charged to
residents of NRH. The general public may become a Permitted User.
Use of the Property for organized acti vi ties, league play, and
other similar functions, and use of the tennis courts shall be
restricted and available solely to Permitted Users. \thich includeo
::;tudent::; and ::;taff of BISD. NRH shall implement appropriate
procedures, including a verified user system, if necessary, to
regulate such use to such persons. When not subject to use by
BISD, the eight tennis courts designated for the exclusive use of
BISD and practice fieldo will be open to the general public
Permitted Users. When not sub'ect to use b BISD, the ractice
fields will be open to the public.
JOINT USE AGREEMENT - Page 4
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D. Limited Use. Limited use shall be permitted by or
for the benefit of BISD and NRH of certain areas as follows:
1) The Varsity Baseball and Football Fields shall not
be used for league or other organized games of any
nature, without the express written consent of
BISD.
2) The NRH Tennis Center Pro Shop is limited to use by
NRH unless a written request by BISD is consented
to by NRH.
3) The practice fields shall not be used for league or
other organized games of any nature during normal
school hours without the express written consent of
BISD.
4) The tennis center will have eight designated courts
for the exclusive use of BISD during normal school
hours for their tennis program and physical
education program. (These eight courts, when not
scheduled for physical education or tennis team use
will be available to the general public for the
tennis center program, likewise, if the remaining
NRH courts are not in use by the general public,
they will be made available to BISD for its tennis
program and physical education program.)
5) BISD can schedule up to four school tennis
tournaments a year utilizing up to sixteen courts
during the tournament.
6) BISD can schedule up to twenty six school tennis
matches per year utilizing up to eight courts
during the matches.
7) Play-off games or activities or postponed games or
activities may require scheduling on short notice.
3. Coordination of Use. NRH and BISD agree to cooperate with
each other for the operation of the Property within the terms and
conditions described herein and in the Lease Agreement. The
sCheduling and coordination of the Property shall be governed by
the following specific provisions.
- "~- -..-..---- -.,.----
JOINT USE AGREEMENT - Page 5
A. Responsible Personnel. The individual responsible
for scheduling events and representing NRH in matters relating to
this Joint Use Agreement shall be the city Manager of the city of
North Richland Hills, or his designee who shall be the Director of
Parks and Recreation or his/her designee. The individual~
responsible for scheduling events and representing BISD in matters
relating to this Joint Use Agreement shall be the Superintendent,
or his/her designee who shall be the Director of Buildings and
Grounds of BISD or hisffter designee.
B. General Hours. BISD shall have priority use of the
tennis center during normal school hours, and certain other times
as described in subparagraph C below.
c. Scheduling Procedure. Prior to the Notification
Dates set forth below, each year BISD and NRH shall periodically
exchange a schedule of proposed related activities for the
following time periods:
Notification Date
Time Period
July 1
Fall:
August
(When school starts -December)
December 1
Spring:
January - May
April 1
Summer:
June - August
(Before school starts)
When not oubj ect to uoe b~:¡ BISD, the eight tennio courto and
practice fieldo ,,;ill be open to the general public I'ermi tted Uoer:J.
Within fifteen (15) -days of -the exchange of schedules, the parties
shall deliver the joint BISD/NRH schedules for the coming time
JOINT USE AGREEMENT - Page 6
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period, to each party. Such schedules shall show the hours, dates
and events to take place. The proposed schedules shall include all
acti vi ties which would affect the use or maintenance of the
Property. In the event BISD should subsequently require additional
use of the tennis center other than as indicated on its submitted
schedule, it shall notify NRH of its need in writing at least
twenty (20) days prior to such requested event. 1 NRH agrees to
make every effort to accommodate BISD in such usage. NRH agrees to
allow such usage unless it has previously scheduled organized
activities at the requested time and such activities cannot
feasibly be rescheduled.
D. Tennis Professional. A Tennis Professional shall be
hired by NRH to coordinate activities at the tennis center. This
Tennis Professional shall be selected and employed by NRH which
shall pay all costs and expenses of the Tennis Professional. All
personnel of the tennis center shall be employed by NRH. NRH will
conduct a criminal background check on all employees of the pro
shop like that required for all public school employees.
E. Parking Usage. The tennis center parking area will
be exclusively available for tennis center patrons during hours of
operation. BISD agrees to share the use of the main Richland High
School parking areas at all times when there is not a BISD activity
scheduled at Richland High School.
4. Coordination of Maintenance. Maintenance activities on
the Property shall be allocated between NRH and BISD and
1 Except for playoff and make-up activities of an emergency nature.
JOINT USE AGREEMENT - Page 7
coordinated as set forth below.
A. Obligation of ~. NRH shall provide general routine
tennis court maintenance, tennis center landscape maintenance,
tennis center utilities, tennis center parking lot, and trail and
bridge maintenance. Further, NRH will:
I) Pay for the installation of a separate electric
meter and all related electricity used for lighting
the tennis courts.
2) Pay for costs to sweep, clean and otherwise have
all outside tennis center facilities well kept at
the end of each day's use.
3) Provide general routine tennis court maintenance.
4)
Provide general
maintenance.
routine
trail
and
bridge
5) Provide tennis center landscaping maintenance.
6) Pay for cost of all tennis center utilities.
7) Maintain tennis center parking lot.
B.
Obligation of ~.
BISD will provide general
routine maintenance of the fields and open space.
Long term
capital improvement cost for resurfacing or repainting the eight
tennis courts, designated under 3C above, shall be shared equally
between the parties. Further, BISD will:
1) Pay for the installation of a separate electric
meter, ^ sports lighting system and all related
electricity used should BISD decide to light the
varsity baseball field.
2) Be responsible for the supervls10n of the set-up and
preparation of all fields prior to all BISD
athletic contests.
3) Pay for the related costs of water and sanitary
sewer usage for any future field house or restroom
JOINT USE AGREEMENT - Page 8
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facilities on the northeast tract.
4) Be responsible for the maintenance of all grass
fields.
5. Utilities. Except as otherwise agreed to by the parties
hereto, NRH, at its sole cost and expense, shall provide all normal
utility service connections to the tennis center. NRH shall pay the
cost of connection charges, all exterior electric lights, lamps or
tubes and all charges for gas, water and electricity which are
related to the tennis center. BISD shall be responsible for all
utili ties which relate to the varsity baseball, softball and
practice fields.
6. Equipment. NRH and BISD shall jointly use goal posts and
all incidental recreational equipment to avoid each party having to
purchase separate equipment. All damage to such equipment shall be
repaired by and at the cost of the sponsoring party as set forth
elsewhere herein.
7. Security. NRH shall furnish a perimeter fence, the
character and type of which shall be approved by both parties, for
the tennis center. NRH shall lock the fence gates immediately after
its hours of supervised operation. The gates will have locks for
which both parties shall have keys to have access 24 hours a day.
NRH shall place signs at the entrances which shall indicate the
hours of operation.
8. Revenues. Collection and retention of revenues shall be
allocated between NRH and BISD as set forth below.
A. NRH will retain all revenues generated from the
JOINT USE AGREEMENT - Page 9
tennis center program, leagues, pro-shop, tournaments, tennis
camps, user fees, court fees, etc.... in order to help offset the
operations and personnel costs associated with that facility. BISD
will retain the fees directly associated with their scheduled BISD
tournaments and interscholastic matches.
B. BISD will retain all revenues generated from the
varsi ty baseball and varsity softball fields. NRH will retain
revenues generated from the varsity baseball and varsity softball
fields only when use is authorized by the expressed written consent
of BISD.
9. Miscellaneous. This Joint Use Agreement shall be
interpreted in accordance with the following provisions.
A. Waiver of Immunity. Nothing herein shall be deemed
in any manner to constitute a waiver of any immunity or affirmative
defense which may be asserted by BISD or NRH pursuant to law. This
Agreement shall not be construed in any manner to create a cause of
action for the benefit of persons not a party to this Joint Use
Agreement not otherwise existing at law.
B. Applicable ~. This Joint Use Agreement is
entered into subject to the provisions of all applicable federal,
state and local laws or ordinances and the requirements of any and
all governmental regulatory agencies having jurisdiction over the
Property.
C. Amendment. The parties acknowledge and agree that
they have not relied upon any statements, representations,
agreements or warranties, except as are expressed herein, and that
no amendment or modification of this Joint Use Agreement shall be
JOINT USE AGREEMENT - Page 10
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valid or binding unless expressed in writing and executed by the
parties hereto in the same manner as the execution of this Joint
Use Agreement.
D. Invalidity. In the event any covenant, condition,
section, phrase, clause or provision herein contained is held to be
invalid or unenforceable by a court of competent jurisdiction, the
invalidity of any such covenant, condition, section, phrase, clause
or provision shall in no way affect any other covenant, condition,
section, phrase, clause or provision herein contained provided the
invalidity of any such covenant, condition, section, phrase, clause
or provision does not materially prejudice either BISD or NRH in
its respective rights and obligations contained in the valid
covenants, conditions, sections, phrases, clauses and provisions of
this Joint Use Agreement.
E. Total Agreement. This Joint Use Agreement, together
with all exhibits attached hereto, and the Lease Agreement shall
constitute the entire agreements between the parties hereto and all
other representatives of statements heretofore made, verbal or
written, are merged herein.
F. Counterparts. This Joint Use Agreement and all
other copies of this Agreement insofar as they relate to the
rights, duties and remedies of the parties, shall be deemed to be
one agreement. This Joint Use Agreement may be executed
concurrently in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one
and the same instrument.
G. Remedies. The rights and remedies provided by this
JOINT USE AGREEMENT - Page 11
Agreement are cumulative, and the use of anyone right or remedy by
either party shall not preclude or waive its right to use of any
other remedy. The rights and remedies provided in this Agreement
are given in addition to any other rights the parties may have by
laws statute, ordinance or otherwise.
H. Notice. Except as otherwise provided herein, any
notice, request, demand, instruction or other communication to be
given to either party hereunder must be in writing and shall be
deemed to be delivered upon receipt, if hand delivered, or upon
deposi t in an official depository under the regular care and
custody of the United states mail, and sent by registered or
certified mail, return receipt requested, postage paid, addressed
as follows:
If to NRH :
city of North Richland Hills
Attn: city Manager
P. O. Box 820609
North Richland Hills, Texas 76182-0609
If to BISD
Birdville Independent School District
Attn: superintendent
6125 E. Belknap Street
Fort Worth, Texas 76117
JOINT USE AGREEMENT - Page 12
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II
EXECUTED this the
day of
1994, as
approved by the City Council of the City of North Richland Hills.
ATTEST:
CITY OF NORTH RICHLAND HILLS
Jeanette Rewis, City Secretary
Tommy Brown, Mayor
BIRDVILLE INDEPENDENT
SCHOOL DISTRICT
Charles Scoma, Secretary
Board of Trustees
Calvin White, President
Board of Trustees
STATE OF TEXAS
§
COUNTY OF TARRANT
§
This instrument was acknowledged before me on
1994, by as Mayor and on
behalf of the City of North Richland Hills.
Notary Public, State of Texas
STATE OF TEXAS
§
COUNTY OF TARRANT
§
This instrument was acknowledged before
1994, by
on behalf of the Board of Trustees of the
School District. a Texao corporation,
corporation.
me on
, President of and
Birdville Independent
on behalf of oaid
Revised June 21, 1994
Notary Public, State of Texas
JOINT USE AGREEMENT - Page 13
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LEASE AND CONSTRUCTION AGREEMENT
BETWEEN BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND
THE CITY OF NORTH RICHLAND HILLS
This Lease and Construction Agreement (lfAgreementlf) is between
the BIRDVILLE INDEPENDENT SCHOOL DISTRICT (lfBISDIf) and the CITY OF
NORTH RICHLAND HILLS (lfNRHIf).
WHEREAS, BISD is the owner of a tract of land upon which is
located Richland High School. A portion of the tract is suitable
to develop into athletic/recreational facilities, portions of which
could be used by both parties. The tennis courts at the school are
in need of substantial repair, and the number of courts is
inadequate for the school's tennis program. NRH desires to have a
tennis center for the city's recreational program; and
WHEREAS, BISD and NRH have jointly considered and studied the
needs of the school district and the city and believe that
substantial savings to the taxpayers of both can be obtained by
joining together to produce athletic/recreational facilities that
will provide the school district new athletic/recreational
facilities for use by the school district, and the city will have
facilities for the use of the city's recreational program; and
WHEREAS, BISD and NRH desire to enter into this Agreement to
provide the land for and to construct athletic/recreational
facilities for use by both parties; and
LEASE AND CONSTRUCTION AGREEMENT - Page 1
WHEREAS, to effectuate the purposes stated above, this
Agreement is executed.
NOW THEREFORE IN CONSIDERATION One Dollar ($1.00) and other
good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, and the mutual covenants and agreements
contained herein, the parties agree as follows:
JOINT CONSTRUCTION OF ATHLETIC/RECREATIONAL FACILITIES
1. BISD and NRH agree to jointly construct
athletic/recreational facilities pursuant to drawings and
specifications (the "Plan") mutually designed, developed and agreed
to by both parties and identified as the athletic/recreational
facilities at Richland High School. The athletic/recreational
facilities will be constructed on land owned by BISD just south and
east of the Richland High School facility and more particularly
described on the working draft document attached hereto as Exhibit
"A" (the "Property").
2. Construction of Improvements and Alterations.
Construction of the improvements shall be effected as set forth
hereafter.
LEASE AND CONSTRUCTION AGREEMENT - Page 2
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a. Responsibili ty. NRH shall cause plans and
specifications for construction of the improvements to be prepared
and which plans and specifications shall be subject to the joint
approval of BISD and NRH. A construction contract shall be
executed between NRH and a contractor selected by NRH which shall
provide for no liability of BISD and no encumbrance upon its
Property.
Construction shall be undertaken, inspected and
supervised by NRH provided, however, that BISD reserves the right
to review, inspect, and comment on such construction, and its
evaluation shall, to the extent reasonable and possible, be
implemented by NRH, so long as no additional cost is incurred by
NRH.
NRH and BISD reserve the right to perform parts of the
construction with its own employees.
NRH and BISD agree to pursue joint decision making on all
aspects of the construction of these athletic/recreation
facili ties. However, in the event both parties are unable to
jointly resolve any aspect of facility design or construction, then
the final decision specific to that dispute will be submitted for
resolution to the Mayor of NRH and the Board President of BISD. In
the event the Mayor of NRH and Board President of BISD are unable
to jointly resolve any aspect of facility design or construction,
LEASE AND CONSTRUCTION AGREEMENT - Page 3
then the matter will be submitted within thirty (30) days to a
third party mediator. In the event the third party mediator is
unable to cause the parties to resolve any aspect of facility
design or construction, then the final decision specific to that
dispute, within thirty (30 ) days of mediation impasse, will be
submitted, for binding arbitration by a third-party arbitrator,
whose decision will be final. The third party mediator and/or
third party arbitrator shall be mutually agreed on by the parties
or, absent such agreement, each party shall name a third party
mediator (or arbitrator, as applicable). The two third party
mediators (or arbitrators, as applicable) shall thereafter jointly
agree on a mediator (or arbitrator, as applicable) to perform the
duties described in paragraph 2.a herein. Any appointed mediator
(or arbitrator, as applicable) must have completed adequate
training and/or attained appropriate certification as is customary
in Tarrant County.
b. Time and Permitted Interruptions. NRH shall commence
construction of improvements as soon as practicable after the date
hereof and shall proceed to complete those improvements with
minimum delay. The time within which NRH is obligated hereunder to
construct, repair, maintain or rebuild any building, structure, or
other improvement, shall extend for a reasonable period of time,
and performance delays shall be excused on account of and for and
during the period of, any delay caused by strikes, threats of
LEASE AND CONSTRUCTION AGREEMENT - Page 4
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strikes, lockouts, war, threats of war, insurrection, invasion,
acts of God, calamities, violent action of the elements, fire,
action or regulation of any governmental agency, law or ordinance,
impossibility of obtaining materials, or other things beyond the
reasonable control of NRH. NRH shall use its best efforts to
complete the facilities or cause the facilities to be completed at
the earliest possible date in accordance with the construction
contracts. Provided, however, the parties agree to direct any
contractor performing work on the Property to temporarily stop any
activity which disrupts important educational activities, such as
testing, upon request by the BISD Superintendent, or his designee.
c. Contractor Requirements. NRH shall require every
contractor to furnish insurance protecting NRH and BISD, their
respective officers, agents and employees, as their respective
interests may appear, against any claims for personal injuries,
death claims, and property damage that may be asserted because of
said construction and equipping, said insurance to be of such
character and in such amounts as may reasonably be determined by
NRH. NRH shall further require all contractors to post performance
and payments bonds and shall submit the form of such bonds to BISD
for its review and reasonable approval prior to bidding the
construction.
d. Cooperation of BISD and NRH. BISD agrees to give
full access to its facilities and cooperate with each contractor
LEASE AND CONSTRUCTION AGREEMENT - Page 5
engaged in constructing and equipping the facilities during the
time of construction and shall permit NRH and its employees and
agents, at all reasonable times, to enter and inspect such
construction and equipping. Notwithstanding the foregoing, NRH and
the construction contractors shall use every reasonable effort to
minimize the disruption of school activities in connection with the
construction or review of construction.
e. Primary Management and Operations Authority for the
Improvements. Primary management and operations authority for the
following improvements placed on the Property by NRH shall be and
remain in NRH subject to the terms and conditions of this
Agreement: Tennis Center, Hike/Bike Trail & Pedestrian Bridge,
Tennis Center parking lot, related utilities, and future
Natatorium, if developed at this site. Primary management and
operations authority for the following improvements shall remain
with BISD subject to the tèrms and conditions of this Agreement:
Varsi ty Baseball Field, Band Practice Field, Practice Athletic
Fields, and future Varsity Softball Field.
LEASE OF PROPERTY AND TERMINATION
3. BISD agrees to lease the Property to NRH together with
all easements, rights and appurtenances in connection therewith for
the shared use by NRH as further described herein. This Agreement
LEASE AND CONSTRUCTION AGREEMENT - Page 6
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shall continue for as long as NRH operates and maintains the Tennis
Center, Hike/Bike Trail & Pedestrian Bridge, Tennis Center parking
lot, related Utilities, and future Natatorium, if developed at this
site. In the event NRH, by action of its council at a properly
called meeting, abandons this Agreement or breaches this Agreement,
BISD may terminate this Agreement and all improvements made on the
Property shall become the property of BISD. In the event BISD, by
action of its Board at a properly called meeting, abandons or
breaches this Agreement, NRH may terminate this Agreement and shall
be reimbursed by BISD an amount equal to the actual cost of the
abandoned improvements paid for by NRH. The payment for
improvements will be amortized over a 20 year period to compensate
NRH for said improvements.
a. Termination by Default. Upon any material default by
one party hereto and failure to cure such default after ninety (90)
days written notice of such default, this Agreement may be
terminated at the sole discretion and option of the non-defaulting
party by written notice to the defaulting party. The notice of
default required herein shall state, in addition to describing the
default, how the default is to be cured. The effective date of such
termination shall be the date prescribed by the non-defaulting
party in its notice of termination, which date shall not be less
than ninety (90) days from notice. If the default is not curable
within (90) days, then the defaulting party shall have additional
LEASE AND CONSTRUCTION AGREEMENT - Page 7
reasonable time to cure such default provided steps have, in good
faith, been commenced by the defaulting party to cure such default
and prosecuted to completion with diligence and continuity. Failure
to issue notice of default shall not constitute a waiver of such
event of default.
b. Texas Parks & Wildlife Department Grants. NRH and
BISD agree to modify this Agreement to conform to Texas Parks &
Wildlife Department guidelines should both agencies jointly decide
to pursue development grants administered by the Texas Parks &
Wildlife Department.
c. BISD agrees to share the use of the main Richland
High School parking areas at all times when there is not a BISD
activity scheduled for the school facility.
PHASE I
4. Phase I of this project will include the demolition of
the existing baseball field by BISD following the baseball season
in the spring of 1994. A new baseball field will be constructed by
BISD on the 33.5 acre tract northeast of the school on the west
side of the drainage channel and more particularly described on
Exhibit "A" (the "Northeast Tract"). Fill material will be required
to "reclaim" the Northeast Tract from the floodplain pursuant to U.
S. Corp of Engineer Regulations and subj ect to the review and
interpretation of the NRH Public Works Department. BISD and NRH
LEASE AND CONSTRUCTION AGREEMENT - Page 8
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agree to provide any dirt left over from construction projects in
the most economical way and NRH agrees to complete the reclamation.
After reclamation, NRH will complete site preparation.
PHASE II
5. Phase II will include construction of the tennis center
on the Property. The proposed budget for the tennis center is
$1,925,000.00 of which BISD will contribute $320,000.00 along with
providing the land pursuant to the terms of this Agreement, and the
balance of which will be contributed by NRH. The tennis center will
contain approximately nineteen lighted courts, contingent upon site
restrictions and other limiting conditions.
6. A new baseball field and practice fields will be
constructed on the Northeast Tract on the west side of the channel.
Practice fields for baseball, softball, soccer and football will be
constructed on the east side of the channel on the Northeast Tract
and space will be allocated to construct a softball field for girls
fastpitch in the future. BISD will construct the baseball field and
the irrigation system and establish the turf. NRH will contribute
$11,000.00 toward the construction of the new baseball field, and
will provide the backstops, soccer goals, and turf material, for
the practice fields on the Northeast Tract. BISD will make
available its hydromulch equipment and both BISD and NRH will
jointly provide labor for the hydromulch application.
LEASE AND CONSTRUCTION AGREEMENT - Page 9
The general public will be permitted to use the practice,
fields and open space when not being used for scheduled school
activities, subject to the provisions of Section 2.C.of the Joint
Use Agreement.
7. A new band practice area will be developed by BISD on the
Northeast Tract and/or north of Lewis Drive as shown on Exhibit
"A".
8. A trail system and pedestrian bridge will be constructed
by NRH. in accordance with the Plans.
The trail system and
pedestrian bridge are contingent upon the approval of "ISTEA"
Enhancement grants1.2 Development and construction phasing may be
determined by Texas Department of Transportation timetables.
PHASE III
9. Phase III may include the construction of a natatorium at
some future date. Funding has not been established but the parties
agree that the area indicated on Exhibit "A" as "Future Natatorium"
will be reserved for such purpose for a minimum of 5 years from the
effective date of this Agreement or until NRH chooses an alternate
lThis Grant was awarded to North Richland Hills by the Texas Department
of Transportation on April 28, 1994. The City is currently awaiting formal
written notification and delivery of agreements for appropriate signatures.
2The total acceptance of the Lease and Construction Agreement relies and is
contingent on the pedestrian bridge being installed to provide access to the
physical education fields that will be relocated east of the channel.
LEASE AND CONSTRUCTION AGREEMENT - Page 10
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site for natatorium development or takes action to abandon such,
plans. The awarding of a design contract for a natatorium within
5 years of formal adoption of this Agreement shall serve as
notification of intent to construct said facility. Construction
will begin within one year of the completion of facility design.
The construction plans, operations, and financial considerations
will be mutually agreed upon by both parties prior to any
commitment of development.
OPERATION OF TENNIS CENTER AND ATHLETIC/RECREATION FACILITIES
10. A separate Joint Use Agreement which describes the manner
in which the implementation of the joint use of the property, the
methodology by which such joint use shall be shared during the term
of this Agreement, the method of communication between the parties
hereto, and general administrative issues in the implementation of
this Agreement, is attached hereto and made a part hereof. An
additional Joint Use Agreement, specific to the natatorium, will be
developed when and if a joint decision is made to build such a
facility at this site.
USE OF FACILITIES BY BISD
11. See Joint Use Agreement.
LEASE AND CONSTRUCTION AGREEMENT - Page 11
SIGNS
12. NRH shall have the right to erect and maintain all signs
necessary and appropriate to the operation of the tennis center and
trail system; provided, however, that no sign shall be erected if
the erection, maintenance or removal would decrease the value of
the Property without the consent of BISD or would be in violation
of any rule or regulation of the Texas Education Agency or the
state Board of Education.
CHANGES, ALTERATIONS OR ADDITIONS
13. Significant changes, alterations or additions to the
athletic/recreational facilities shall be submitted to both parties
for reasonable evaluation and joint approval, pursuant to the terms
described in the Joint Use Agreement.
DEDICATION OF HOLIDAY LANE RIGHT OF WAY
14. BISD agrees to dedicate a strip of land adequate to
accommodate the improvement of the Lewis Drive - Holiday Lane
intersection. (As per Exhibit "B")
COMMENCEMENT OF CONSTRUCTION
15. The parties agree to commence construction and diligently
pursue completion of Phases I and II as soon as reasonably possible
LEASE AND CONSTRUCTION AGREEMENT - Page 12
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after Plans have been approved by NRH and BISD.
Executed this day of
CITY OF NORTH RICHLAND HILLS
By:
TOMMY BROWN, MAYOR
ATTEST:
JEANETTE REWIS, CITY SECRETARY
APPROVED AS TO FORM:
ATTORNEY FOR THE CITY
Rex McEntire
, 1994.
BIRDVILLE INDEPENDENT SCHOOL
DISTRICT
By:
CALVIN WHITE, PRESIDENT
ATTEST:
CHARLES SCOMA, SECRETARY
ATTORNEY FOR BISD
James B. Morgan
LEASE AND CONSTRUCTION AGREEMENT - Page 13
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JOINT USE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS JOINT USE AGREEMENT, by and between the CITY OF NORTH
RICHLAND HILLS, a municipal corporation ("NRH") and BIRDVILLE
INDEPENDENT SCHOOL DISTRICT, ("BISD") is entered into this
day of , 1994.
RECITALS:
WHEREAS, BISD has existing land (the "Property") which it uses
for athletic facilities and BISD wishes to enhance and expand its
facilities; and
WHEREAS, NRH and BISD believe that improvement of the existing
athletic and recreational facilities of BISD and construction of a
tennis center, varsity baseball field, hike/bike trail & pedestrian
bridge, band practice field, practice athletic fields, and a future
varsity softball field on the Property pursuant to the terms of a
Lease and Construction Agreement between the parties hereto
executed contemporaneously herewith (the "Lease Agreement") will be
of mutual benefit to the residents of NRH and BISD as well as the
staff and students of BISD; and
WHEREAS, if a natatorium is constructed, an additional Joint
Use Agreement, specific to the natatorium, will be developed when
and if a joint decision is made to build such a facility at this
site.
WHEREAS, BISD has agreed to contract with NRH for the joint
use of the Property as set forth in the Lease Agreement and herein;
JOINT USE AGREEMENT - Page 1
and
WHEREAS, NRH and BISD desire to describe the manner of
implementation of the joint use of the Property and delineate such
other matters as are set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, NRH and
BISD agree to implement the joint use of the Property and to the
terms and provisions as set forth ~herein:
AGREEMENT
1. Purpose and Term of this Agreement. The purpose of this
Joint Use Agreement is to define, subject to later agreements by
the parties hereto, the implementation of the joint use of the
Property, the methodology by which such joint use shall be shared
during the term of this Joint Use Agreement, the method of
communication between the parties hereto, and general
administrative issues in the implementation of the Lease Agreement.
In the case of conflict of any provision in this Joint Use
Agreement with a provision in the Lease Agreement, the provisions
set forth in the Lease Agreement shall control. The rules and
regulations contained in this Joint Use Agreement shall be reviewed
and renewed annually with the goal of maintaining an efficient
procedure for implementing joint use of the Property which is
beneficial to NRH and BISD. This Joint Use Agreement shall
terminate upon the termination of the Lease Agreement.
JOINT USE AGREEMENT - Page 2
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2. Approved Uses. BISD may use the Property at such times as
are designated in Paragraph 3 below for any purpose for which it
could have used the Property if this Joint Use Agreement and the
Lease Agreement had not been executed. During the term hereof, NRH
may use the Property during the times as set forth in Paragraph 3
below solely as a general purpose athletic and recreational
facility on behalf of the Permitted Users subject to the following
limitations:
A. Alcoholic Beverages, Tobacco, and Controlled
Substances. There shall be no sale or consumption of alcoholic
beverages, tobacco, or controlled substances, as such controlled
substances are defined under the law existing as of the date of
this Joint Use Agreement, upon the Property.
B. Athletic and Recreational Use. The Property shall
not be used by any person or persons who shall engage in loud,
boisterous, threatening, abusive, insulting or indecent language or
engage in any behavior tending to lead to an immediate breach of
the public peace or tending to incite violence, crime, or
disorderly conduct. The Property shall not be used in a manner
which disturbs or unreasonably interferes with any person or party
occupying any area of the Property or which otherwise detracts from
the promotion of the public health, welfare, safety and recreation
on the Property. The Property shall not be used by any persons or
person who shall engage in conduct which creates an immediate
danger of damage to property (including particularly any use of the
athletic playing fields for other than athletic purposes) or injury
to persons or which entails unusual, extraordinary or burdensome
JOINT USE AGREEMENT - Page 3
expense by NRH or BISD. The use of the Property shall additionally
be subject to all other ordinances of NRH existing or hereafter
enacted regulating the activities on the Property which are not
inconsistent with the provisions contained herein. There shall be
no usage for functions other than such functions which are solely
and exclusively for athletic and recreational uses or which have
been approved in advance by BISD and NRH. All BISD activities
shall be subject to rules and regulations adopted by the University
Interscholastic League (UIL) and the Texas Education Agency.
C. Permi tted Usage. Permitted Users shall include
students and staff of BISD and eligible program participants as
defined by the policies and procedures of the NRH Parks and
Recreation Department ("Permitted Users"). Such policies and
procedures shall provide that residents within the boundaries of
BISD will not be charged fees greater than those charged to
residents of NRH. The general public may become a Permitted User.
Use of the Property for organized activities, league play, and
other similar functions, and use of the tennis courts shall be
restricted and available solely to Permitted Users. NRH shall
implement appropriate procedures, including a verified user system,
if necessary, to regulate such use to such persons. When not
subject to use by BISD, the eight tennis courts designated for the
exclusive use of BISD will be open to Permitted Users. When not
subject to use by BISD, the practice fields will be open to the
public.
D. Limited Use. Limited use shall be permitted by or
JOINT USE AGREEMENT - Page 4
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for the benefit of BISD and NRH of certain areas as follows:
I) The Varsity Baseball and Football Fields shall not
be used for league or other organized games of any
nature, without the express written consent of
BISD.
2) The NRH Tennis Center Pro Shop is limited to use by
NRH unless a written request by BISD is consented
to by NRH.
3) The practice fields shall not be used for league or
other organized games of any nature during normal
school hours without the express written consent of
BISD.
4) The tennis center will have eight designated courts
for the exclusive use of BISD during normal school
hours for their tennis program and physical
education program. (These eight courts, when not
scheduled for physical education or tennis team use
will be available to the general public for the
tennis center program, likewise, if the remaining
NRH courts are not in use by the general public,
they will be made available to BISD for its tennis
program and physical education program.)
5) BISD can schedule up to four school tennis
tournaments a year utilizing up to sixteen courts
during the tournament.
6) BISD can schedule up to twenty six school tennis
matches per year utilizing up to eight courts
during the matches.
7) Play-off games or activities or postponed games or
activities may require scheduling on short notice.
3. Coordination of Use. NRH and BISD agree to cooperate with
each other for the operation of the Property within the terms and
conditions described herein and in the Lease Agreement. The
scheduling and coordination of the Property shall be governed by
the following specific provisions.
JOINT USE AGREEMENT - Page 5
A. Responsible Personnel. The individual responsible
for scheduling events and representing NRH in matters relating to
this Joint Use Agreement shall be the city Manager of the city of
North Richland Hills, or his designee who shall be the Director of
Parks and Recreation or his/her designee.
The individual
responsible for scheduling events and representing BISD in matters
relating to this Joint Use Agreement shall be the Superintendent,
or his/her designee who shall be the Director of Buildings and
Grounds of BISD or his designee.
B. General Hours. BISD shall have priority use of the
tennis center during normal school hours, and certain other times
as described in subparagraph C below.
C. Scheduling Procedure. Prior to the Notification
Dates set forth below, each year BISD and NRH shall periodically
exchange a schedule of proposed related activities for the
following time periods:
Notification Date
Time Period
July 1
Fall:
August
(When school starts -December)
December 1
Spring:
January - May
April I
Summer:
June - August
(Before school starts)
Within fifteen (15) days of the exchange of schedules, the parties
shall deliver the joint BISD/NRH schedules for the coming time
period, to each party. Such schedules shall show the hours, dates
and events to take place. The proposed schedules shall include all
JOINT USE AGREEMENT - Page 6
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acti vi ties which would affect the use or maintenance of the
Property. In the event BISD should subsequently require additional
use of the tennis center other than as indicated on its submitted
schedule, it shall notify NRH of its need in writing at least
twenty (20) days prior to such requested event.1 NRH agrees to
make every effort to accommodate BISD in such usage. NRH agrees to
allow such usage unless it has previously scheduled organized
activities at the requested time and such activities cannot
feasibly be rescheduled.
D. Tennis Professional. A Tennis Professional shall be
hired by NRH to coordinate activities at the tennis center. This
Tennis Professional shall be selected and employed by NRH which
shall pay all costs and expenses of the Tennis Professional. All
personnel of the tennis center shall be employed by NRH. NRH will
conduct a criminal background check on all employees of the pro
shop like that required for all public school employees.
E. Parking Usage. The tennis center parking area will
be exclusively available for tennis center patrons during hours of
operation. BISD agrees to share the use of the main Richland High
School parking areas at all times when there is not a BISD activity
scheduled at Richland High School.
4. Coordination of Maintenance. Maintenance activities on
the Property shall be allocated between NRH and BISD and
coordinated as set forth below.
1 Except for playoff and make-up activities of an emergency nature.
JOINT USE AGREEMENT - Page 7
A. Obligation of ~. NRH shall provide general routine
tennis court maintenance, tennis center landscape maintenance,
tennis center utilities, tennis center parking lot, and trail and
bridge maintenance. Further, NRH will:
1) Pay for the installation of a separate electric
meter and all related electricity used for lighting
the tennis courts.
2) Pay for costs to sweep, clean and otherwise have
all outside tennis center facilities well kept at
the end of each day's use.
3) Provide general routine tennis court maintenance.
4)
Provide general
maintenance.
routine
trail
and
bridge
5) Provide tennis center landscaping maintenance.
6) Pay for cost of all tennis center utilities.
7) Maintain tennis center parking lot.
B.
Obligation of ~.
BISD will provide general
routine maintenance of the fields and open space.
Long term
capital improvement cost for resurfacing or repainting the eight
tennis courts, designated under 3C above, shall be shared equally
between the parties. Further, BISD will:
I) Pay for the installation of a separate electric
meter, sports lighting system and all related
electricity used should BISD decide to light the
varsity baseball field.
2) Be responsible for the supervision of the set-up and
preparation of all fields prior to all BISD
athletic contests.
3) Pay for the related costs of water and sanitary
sewer usage for any future field house or restroom
facilities on the northeast tract.
JOINT USE AGREEMENT - Page 8
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4) Be responsible for the maintenance of all grass
fields.
5. Utilities. Except as otherwise agreed to by the parties
hereto, NRH, at its sole cost and expense, shall provide all normal
utility service connections to the tennis center. NRH shall pay the
cost of connection charges, all exterior electric lights, lamps or
tubes and all charges for gas, water and electricity which are
related to the tennis center. BISD shall be responsible for all
utili ties which relate to the varsity baseball, softball and
practice fields.
6. Equipment. NRH and BISD shall jointly use goal posts and
all incidental recreational equipment to avoid each party having to
purchase separate equipment. All damage to such equipment shall be
repaired by and at the cost of the sponsoring party as set forth
elsewhere herein.
7. Securi ty. NRH shall furnish a perimeter fence, the
character and type of which shall be approved by both parties, for
the tennis center. NRH shall lock the fence gates immediately after
its hours of supervised operation. The gates will have locks for
which both parties shall have keys to have access 24 hours a day.
NRH shall place signs at the entrances which shall indicate the
hours of operation.
8. Revenues. Collection and retention of revenues shall be
allocated between NRH and BISD as set forth below.
A. NRH will retain all revenues generated from the
tennis center program, leagues, pro-shop, tournaments, tennis
camps, user fees, court fees, etc.... in order to help offset the
JOINT USE AGREEMENT - Page 9
operations and personnel costs associated with that facility. BISD
will retain the fees directly associated with their scheduled BISD
tournaments and interscholastic matches.
B. BISD will retain all revenues generated from the
varsity baseball and varsity softball fields. NRH will retain
revenues generated from the varsity baseball and varsity softball
fields only when use is authorized by the expressed written consent
of BISD.
9. Miscellaneous. This Joint Use Agreement shall be
interpreted in accordance with the following provisions.
A. Waiver of Immunity. Nothing herein shall be deemed
in any manner to constitute a waiver of any immunity or affirmative
defense which may be asserted by BISD or NRH pursuant to law. This
Agreement shall not be construed in any manner to create a cause of
action for the benefit of persons not a party to this Joint Use
Agreement not otherwise existing at law.
B. Applicable Laws. This Joint Use Agreement is
entered into subject to the provisions of all applicable federal,
state and local laws or ordinances and the requirements of any and
all governmental regulatory agencies having jurisdiction over the
Property.
C. Amendment. The parties acknowledge and agree that
they have not relied upon any statements, representations,
agreements or warranties, except as are expressed herein, and that
no amendment or modification of this Joint Use Agreement shall be'
valid or binding unless expressed in writing and executed by the
parties hereto in the same manner as the execution of this Joint
JOINT USE AGREEMENT - Page 10
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Use Agreement.
D. Invalidity. In the event any covenant, condition,
section, phrase, clause or provision herein contained is held to be
invalid or unenforceable by a court of competent jurisdiction, the
invalidity of any such covenant, condition, section, phrase, clause
or provision shall in no way affect any other covenant, condition,
section, phrase, clause or provision herein contained provided the
invalidity of any such covenant, condition, section, phrase, clause
or provision does not materially prejudice either BISD or NRH in
its respective rights and obligations contained in the valid
covenants, conditions, sections, phrases, clauses and provisions of
this Joint Use Agreement.
E. Total Agreement. This Joint Use Agreement, together
with all exhibits attached hereto, and the Lease Agreement shall
constitute the entire agreements between the parties hereto and all
other representatives of statements heretofore made, verbal or
written, are merged herein.
F. Counterparts. This Joint Use Agreement and all
other copies of this Agreement insofar as they relate to the
rights, duties and remedies of the parties, shall be deemed to be
one agreement. This Joint Use Agreement may be executed
concurrently in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one
and the same instrument.
G. Remedies. The rights and remedies provided by this
Agreement are cumulative, and the use of anyone right or remedy by
either party shall not preclude or waive its right to use of any
JOINT USE AGREEMENT - Page 11
other remedy. The rights and remedies provided in this Agreement
are given in addition to any other rights the parties may have by
laws statute, ordinance or otherwise.
H. Notice. Except as otherwise provided herein, any
notice, request, demand, instruction or other communication to be
given to either party hereunder must be in writing and shall be
deemed to be delivered upon receipt, if hand delivered, or upon
deposi t in an official depository under the regular care and
custody of the United states mail, and sent by registered or
certified mail, return receipt requested, postage paid, addressed
as follows:
If to NRH
city of North Richland Hills
Attn: city Manager
P. O. Box 820609
North Richland Hills, Texas 76182-0609
If to BISD
Birdville Independent School District
Attn: Superintendent
6125 E. Belknap Street
Fort Worth, Texas 76117
JOINT USE AGREEMENT - Page 12
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EXECUTED this the
day of
1994, as
approved by the City Council of the City of North Richland Hills.
CITY OF NORTH RICHLAND HILLS
ATTEST:
Jeanette Rewis, City Secretary
Tommy Brown, Mayor
BIRDVILLE INDEPENDENT
SCHOOL DISTRICT
Charles Scoma, Secretary
Board of Trustees
Calvin White, President
Board of Trustees
STATE OF TEXAS
§
COUNTY OF TARRANT
§
This instrument was acknowledged before me on
1994, by as Mayor and on
behalf of the City of North Richland Hills.
Notary Public, State of Texas
STATE OF TEXAS
§
COUNTY OF TARRANT
§
was acknowledged before me on
, President of and
Board of Trustees of the Birdville Independent
This instrument
1994, by
on behalf of the
School District.
Notary Public, State of Texas
JOINT USE AGREEMENT - Page 13
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