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HomeMy WebLinkAboutCC 1994-07-11 Agendas · '. 1 CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JULY 11, 1994 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER --:' 1.PS 94-19 PS."94-20 2. PS 94-23 3. PS 94-29 4. GN 94-73 and IR 94-99 5.. GN94-76 6. GN 94-77 ...- ITEM ACTION TAKEN Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 2 and Request of Jams R. Harris Company for Final Plat of Shady Oaks Addition, Phase 3 (Agenda Item Nos. 9 & 10) (10 Minutes) Request of John Barfield for Final Plat of Thornbridge Addition, Phase IV-A (Agenda Item No. 13) (5 Minutes) Public Hearing to Consider Revisions to the Master Thoroughfare Plan Regarding Wilson Road - Ordinance No. 1995 (Agenda Item ·No. 14) (5 Minutes) Ordinance Approving TU Electric's Four Proposed New Tariffs - Ordinance No.1992 (Tabled at the June 27th Council Meeting) (Agenda Item No. 15) (5 Minutes) Interlocal Agreement for Northeast Tarrant County Street Crimes Unit - Resolution No. 94- 29 (Agenda Item No. 17) (5 Minutes) Ordinance Adopting Curfew Hours for Minors - Ordinance No. 1994 (Agenda Item No. 18 ) (5 Minutes) B1KC£INJIN1[c~ , ,@AUG 1 1 2005 .( ( ~\ ~~\ · e Page 2 It NUMBER ITEM ACTION TAKEN 7. GN 94-79 Consideration of Action on all Matters Pertaining to the Award and Sale of $3,895,000 in Sales Tax Revenue Bonds for Park and Recreation Purposes - Resolution No. 94-31 (Agenda Item No. 20) (5 Minutes) 8. PU 94-53 Christmas Decorations for City Hall (Agenda Item No. 24) (5 Minutes) 9. Other Items Rem inder: Work Session on Capital Improvement Program Immediately Following City Council Meeting 10. *Executive Session (20 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 11. 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. e CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JULY 11, 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. e NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting June 27, 1994 5. Presentations by Boards & Commissions 6. Presentation of Emergency Management Certificates of Achievement to Sean Hughes and Gary Ingram 7. Removal of Item(s) from the Consent Agenda 8. Consent Agenda Item(s) indicated by Asterisk (16,17,19,20,21,22,24, 25,26,27,28,29,30,31,32,33,34& 35) e Page 2 . NUMBER ITEM ACTION TAKEN 9. PS 94-19 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 2 (Located in the 8200 Block of North Tarrant Parkway) 10. PS 94-20 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 3 (Located in the 8200 Block of North Tarrant Parkway) 11. P S 94-21 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 4 (Located in the 8200 Block of North Tarrant Parkway) 12. PS 94-22 Request of H.T. Apartments for Amended Plat of Lot 1, Block 2, Tapp Addition (Located at 6424 Industrial Park Boulevard) 13. PS 94-23 Request of John Barfield for Final Plat of Thornbridge Addition, Phase IV-A (Located in the 8300 Block of Thornhill Drive) 14. PS 94-29 Public Hearing to Consider Revisions to the Master Thoroughfare Plan Regarding Wilson Road - Ordinance No. 1995 e e Page 3 . NUMBER ITEM ACTION TAKEN 15. GN 94-73 Ordinance Approving TU Electric's Four Proposed New Tariffs - Ordinance No. 1992 (Tabled at the June 27, 1994 Meeting) *16. GN 94-75 Interlocal Agreement for Precinct Line Road Jurisdiction - Resolution No. 94-30 *17. GN 94-76 Interlocal Agreement for Northeast Tarrant County Street Crimes Unit - Resolution No. 94-29 18. GN 94-77 Ordinance Adopting Curfew Hours for Minors - Ordinance No. 1994 *19. GN 94-78 Consideration of an Amendment to the Electrical Ordinance No. 1781 Regarding Electrical License Examinations - Ordinance No. 1993 *20. GN 94-79 Consideration of Action on all Matters Pertaining to the Award and Sale of $3,895,000 in Sales Tax Revenue Bonds for Park and Recreation Purposes - Resolution No. 94-31 *21. GN 94-80 Amendment to Contract with Texas Department of Transportation for NETS Program . e Page 4 e NUMBER ITEM ACTION TAKEN *22. GN 94-81 Approve Amundson Road Right-of- Way Dedication and Abandonment- Ordinance No. 1991 23. GN 84-82 Appointments to Civil Service Commission *24. PU 94-53 Christmas Decorations for City Hall *25. PU 94-54 Professional Services Contract - Tennis Center/Athletic Fields *26. PU 94-55 Authorization to Solicit Bid for Bedford-Euless Road Streetscape Masonry Screening Wall *27. PU 94-56 Award Bid for Equipment Lease *28. PU 94-57 Approve Bid for ADA Restroom Renovations at the Recreation Center and Northfield Park *29. PU 94-58 Award Bid for the Recreation Center Weight Room Renovations *30. PW 94-23 Contract for Laboratory Services with the Trinity River Authority e e Page 5 . NUMBER ITEM ACTION TAKEN *31. PW 94-24 Ratify Contract with D.B. Utilities in the Amount of $43,400.00 for Calloway Branch 21-lnch Parallel Sewer *32. PW 94-25 Approve Change Order No. 1 for 1994 Miscellaneous Street Subgrade and Surface Reconstruction *33. PAY 94-14 Final Payment to Clifford Fogus Company for Adventure World Playground Construction *34. PAY 94-15 Approve Final Pay Estimate No.1 in the Amount of $79,133.53 to AII- T ex Paving, Inc. for 1994 Chip Seal Program *35. PAY 94-16 Approve Final Pay Estimate No.4 in the Amount of $145,780.17 to APAC- Texas for 1993 Chip Seal Program 36. Citizens Presentation rr- 37. Adjournment r' POSTEl --- /1 " ,1 . ,:::t -' -. \, ~ ; ~_':_~2;-)p~r( . e . '...' Cjt~: Secretary Byª- 1Ju;ts~ -- .. . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 94-99 e ^ ~ Date: vV~ Subject: Monday, July II, 1994 Additional Infonnation on TU Electric's Proposed Tariffs Having reviewed TU Electric's four proposed new tariffs, I am forwarding the following summary for your consideration: · The Economic Development Service (or Rider ED) provision will allow TU to offer temporary demand discounts as an incentive to retain existing and attract new commercial and industrial customers. · The proposed change under Rate GC (or General Service Competitive Pricing) will allow TU to negotiate a demand charge only when TU is involved in a competitive situation (for example, with another power supplier) and a discounted rate is necessary for them to retain or secure new qualifying General Service commercial and industrial customers. · Likewise, the change in Rate WPC (or Wholesale Power Competitive Pricing) will allow TU the same latitude with demand charges when competing for the business of qualifying wholesale customers. (In both Rate GC and WPC, the customer, energy, fuel, and power cost charges would remain the same as the standard rate.) e . Through the Environmental Technology Service (Rider ET) provision, TU could offer incentives to qualifying customers who invest in equipment which is more energy- efficient or improves environmental quality by a particular factor (i.e. 5kW or more). It appears that none of these proposed tariffs will increase rates. In light of the potential economic development and environmental benefits--and TU Electric's intensifying competitive arena--I recommend that the Council approve the previously-tabled rates. For your review, I am also enclosing several other pieces of infonnation on the proposed tariffs. In addition to TU's own "Strategic Rate Options Outline", we are providing copies of a June 7th Fort Worth Star-Telegram article ("TU requests rate flexibility to attract, keep business"), TU's most recent rate filing Status Report, and the Irving Economic Development Foundation's Resolution to the City of Irving supporting the requested rate changes. I hope this infonnation sheds some light on why TU Electric has submitted the proposed new rates. Please call me (581-5534) or TU Electric's Cherry Richardson (882-6244) if you have any questions or wish to discuss this issue. e ~Jk Marty Wieder Director of Economic Development ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e TU ELECTRIC STRA TEGIC RATE OPTIONS OUTLINE THIS IS NOT A RATE INCREASE Objective: Support economic development, job growth, energy conservation, environmental stewardship and reasonable electric rates for all of our customers. Method: The implementation of four new tariffs none of which will increase rates. Reason: Competition is present in all businesses. TU Electric also has competition. We are competing with other energy sources and with other areas of the state and nation. TARIFFS Economic Development Service (Rider ED) e Incentive to certain conunercial and industrial customers where the incentive is necessary for a new facility, to retain an existing facility, or expand their present facility of 200 kW or more. Rate GC For qualifying General Service commercial and industrial customers, we may offer a negotiated demand charge. The customer, energy, fuel and power cost charge would remain the same as the standard rate. Available only to retain a customer or secure new business in a competitive situation. Rate WPC For qualifying wholesale customers, we may offer a negotiated demand charge. The customer, energy, fuel and power cost charge would remain the same as the standard rate. Available only to retain a customer or secure new business in a competitive situation. Environmental Technology Service (Rider ET) Incentive to certain conunercial and industrial customers who can qualify by converting to an energy efficient electrical technology, and/or improve environmental quality wi th new load of 5 kW or more. These competitive rates will not be available to all customers. The qualifications are strict and the safeguards are outlined in our filing to prevent the abuse of these rates by anyone who does not qualify. e Both rates and riders will contribute to holding all customers' rates down. Rider ED will increase economic activity and employment. Rider ET will save natural resources and improve the environment. k:\esk6\wp51\data\d209001.csm June 9, 1994 e (1) C) en .::.:: 0 en en en a. , 0) - 0) U r- , (1) - r- ~ - +- 0 0 en ..... en a: r./J ~ 0) := ..... ~ u ..... -- r- 0 >- 01J - - 0) .- - -- t:: ~ ..... ~ e C) ..... u -- c:: >- - (1) , - r- - .... , 0 0) - - ..., , , r- U Q) 0 ca - f- r./J . -- - - E r- -- -- t:: ~ - > +- ~ 0 0 0 r- en u - 0 - r- 0) 0. - V 0 .... '+- E ~ 0) 0 en U ep r- 0) 0) - 0) ...... en ..... r./J cn 0) cn - c: +- ..... 0) 0) Q) .- :- C/.) en 0) >- "+0- en ~ ~ cn 0 (1) v Q) Q) Q) . - t:: - ;..... ;..... >- 0. 0 u u (1) :r: c:: c: ~ ~ CIJ - CJ ÞOO-oj ÞOO-oj ÞOO-oj . . . . . e e "'0 c: ~ - ~ .- u ;.... Q) ~ C/) - . - - "'00# ~ a.> Q) - ~ ;.... 0 r- - - ..'00# U 0 Q) ..... en Q) r:./: U (1) U - .- ...J > .- u ~ > ;.... m . 0 C) - a: Q) - r- r:./: ~ - C/'J ~ . - Ç/J 2 (1) - a.> 0 - :::- "'00# - Q) e ;.... 0 þJ) ""0 C/) .- Q) ,.... C/) ..J:::J ~ - - ,.... ~ - a.> 0 .- - ..-.; ... 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Page I of 2 j.1 Genenl Service Applicable: Entire System Effective Date: Sheet: 11 Parte I of 2 Revision: Orir;inal e 3.2.12 Rate GC General Service Competitive Pricing Application Applicable. in the event that Company has enter= intO an Agn:ement for Elecmc Service wi!h n:speCt !heretO. fO any Customer that otherwise qualifies for service under Company·s General Service RllCs GS. GP, or HV for all of the electric servIce supplied at one point of delivery and measur= through one melCr, where said custOmer conlCmplalCs self-gener2tion. ceuaaon of oper2tions. or obWning service from an allCmaave energy service supplier. and in Company·s sole judgment. Customer would not be served by Company but for the pncing provided for herein. subject to the specw conditions set fortllherein. Service at each point of delivery IS melCred and billed separ2lCly and a demand melCr is rcquir=. The availability of this r2te is limited to electrical loads not otherwise contractually obligated to receive electric service from Company at the time servIce under this r2te is scl1cdulcd to commence. The availability of this r:ate IS at the sole discn:tion of Company. Not applicable to standby. resale. or sham! service. or lJ1 conjunc:tion with any r:ate or other service rider unless sPCCÛ!cally provided for herem or in said r21C or rider. Type of Service Single or three phase. 60 hertZ. at anyone of Company's available standard service voltages as n:q\lIn:d by Customer. When: service of the type desIred by Customer is not already available at the point of delivery. additional charges and specw conmct amngements berween Company and Customer may be n:qulred pnor to Its being funushed. Company. may at Its opoon. melCr service on the seconaary su!e of Cuuomer's transfonners and acIjust for transfonner los.scs In accordance With Company's Tanff for Elecmc Service. jyIonthly Rate e Charge Amount Secondary Prunary Tr:anSIlUSSlon Customer '!Jer nOtn! of delivervl S1400 SISOO 5415.00 Demand Current month kW As specified in Agreement for Elecmc ServIce Each current month kW in excess of the Contract kW 51.00 per kW I S¡.OO per kW 51.00 per kW Energy per k\J.'h. all kWh O.7:c per kWh I 0.59c per 0.54c per kWh kWh Fuel COSt: Plus an amount for fuel COSt calculated in accordance with Rider FC. using the appropnate factor ior Gener:al Service- Secondary, Gener:aJ Service-Pnmary. or Gener:al Service- Transmission. Power COSt: Plus an amount for purchased power COSt calculated in accordance with Rider PCR. using the appropnate factor for General Service -Secondary. Gener21 Service-Prunary. or High Voltage Service. Payment: Bills are due when rendered and become past due if not paid within 16 days there3fter. Bills are Increased by S % if nOI paid within 20 days after belJ1g n:nden:d. Definitions Curreni month kW is the highest 15-minute kW recorded at the pOint of delivery dunng the current month, Contract kW is the muimum kW specified in the Agreement for Elc:c:mc ServIce. e (c) 1994 Texas Utilities Electric Company Rate Schedules 29.1 e e e Tarin tor Electric ~~rvlce Texas Utilities Electric Company Exhibj¡ SJ'H-I Page 2 of 2 J ,1 Gener21 Service Applicable: Entire System Eff«tive Date: Sheet: 12 PaSC 2 of 2 Revision: Orip,w Special Conditions a) The demand charge applicable [0 servIce provided under this rale shall be specified In the Agreement for Electric ServIce (Agreement) and is the higher of: I) The demand charge necessary 10 enable Company to provide service 10 an eXlsung or prospecnve load sudl that me IOta! cost of provIding eJectnc servIce over the term of the Agreement is equal to or less than that of Customer's sclf-generanon or other energy servICe amngement offered by any other ennty to serve such load. 2) The demand charge necessary for the net present value (NPV) of the projected incremental base rare revenue (BRR) received by Company dunng the term of the Agreement to be poslDve. The NPV is the sum of NPVI and NPV2. as calcular=1 below. · NPVI: During the period commencing with the effective dare of the Agreement and concluding in the year of the next scheduled generating unit addition tn Company·s inregrared resource plan current at the ame the Agreement is signed. t.bc NPV of the projected incremencù BU is the sum of the projected month1y BRR disçounlCd at Company's Weigbr=1 Average Cost of Capital as approved by the COlM1lSSl0n tn Company·s most recent rate case (WACC). . NPV2: During the period commencing in the year after the next scheduled generaang unit addition in Company·s inregrar=1 resource plan cUlTent at the time the Agreement is signed. and concluding at the end of the Agreement. the NPV of the incremental BU is the sum of the month1y difference between (i) the projecred BRR that would be received under the Agreement and (Ii) the projected BRR that would be received under Company's applicable general service rate effecave at the lime the Agreement IS executed. discounted at Company's WACC. b\ The total COSt of service from self·gener.1t1on or another ener¡y servIce supplier [0 an eXlseng or prospecave load will be evaluated on an Spy basIs and will include all COStS assoCiated with the delivery of firm ener¡y service. Including but notlimíted to the COsts of any production. transmISSion. and/or dlstnhutlon facIlities. or modifications thereto. required [0 serve Customer. including operating and maln[enance costS. ad valorem taxl'S. and standby servIce. C) Customer muSt furnIsh Company a notan%ed affidavit and supporting information confirmIng that Customer would have obtatned itS energy supply from eIther self·generatlon or another supplier or would have ceased oper.1t1ons but for the negoua[ed demand charge permitted by thIS rate. that such other energy service supply would have been more econorrucallO Customer than Company·s applicable standard General ServIce Rale. or that such celsanon of operations would have occurred because of the economics of the Company's applicable standard Gene%"11 ServICe Rate. and that the demand charge negotiated pursuant to thIS rate was necessary for customer to agree [0 receive electnc servIce from Company. Agreement An Agreement for Electnc Service IS required. Notice Service hereunder IS subject [0 the orders of regulatory bodIes having junsdie!ion and to Company's Tariff for EIeelne Service. (e) 1994 Texas UciJilies EIectne Company Ùte Schedules 29.2 e e e .1 araB tor !:.h~ctnc ,:)t:nlce Texas Utilities Electric Company EWbu SJH-2 P:age 1 of 2 3.4 Other Applic~ble: Entire System Effec:tive Date: Sheet: 11 P~e 1 of 2 Revision: OriPn.al 3.4.11 Rate WPC Wholesale Power Competitive Pricing Application Applicable. in the event tbat Company has entered into :an Agreement for Electnc Service ....Ith respect thereto. to full requirements :and p:artial requirementS power :and energy sold by Comp:any 10 electric utilities. municlpaliaes. and to rum electnc distribution c:oopenaves for resale to ulamate consumers in the Scate of Texas. where said customer contempl:ates self·genenaon or obcallling service from UI alternative energy service supplier. :and in Comp:any·s sole judgment. Customer ....ould not be served by Company but for Ibe pricing provided for herem. subject 10 Ibe special conditions set forth herein. Service at each point of delivery is metered :and billed sepanœly. The :availability of this rate is limited 10 elecaic:a1loads not otherwise contnctually oblig:aœd 10 receive electnc service from Company :at the time service under this rate is scbeduJed to commence. The av:ailabûity of this rate 10 new applicantS IS at Ute sole discretion of Comp:any. Not :applicable 10 temporary or shared service. or in conjunction With any rate or other service rider unless specifically provided for herein or 111 said rate or rider. Type of Service Three phase. 60 hertZ. at any most av:aíl:able pnmary distribuaon or rnnsmisslon volcage. Where service of Ute quantity and type required by Customer is not already avail:able at Ute loc:anon 10 be served. additional charges and contnct arrangements may be required prior 10 its bemg furnished. If Customer taltes servIce :at tnnsrrussion volt:age. Comp:any may at its option meter service on the sec:onc1azy side of Customer's transformers and adjust for cnnsformer losses in accordance WIth Comp:any's Tanff for Electnc Service. Monthly Rate Charge Amounl Pnrnary I T~snusslon Customer (per poInt of delivery) 5235.00 I S405.QO Dem:and Current Month kW As specified in Agreement for EIectnc Service Each current month kW in excess of Contract kW 51.00 per kW I 51.00 per kW Energy per kWh. all kWh O.J7c per kWh I O.37c per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. using Ute appropnate factor for Wholesale Power ServIce- Pnmary or Wholesale Power Service-Transmission. Power COSI: Plus an amount for purchased power cost calculated in accordance with Rider ?CR. using Ute appropnate factor for Wholesale Power ServIce. Payment: Bills are due ....hen rendered and become past due if not paid withltl 16 days Utere¡fter. Bills are increased by 5 % if not paid Wlthltl 20 days after bemg rendered. Definitions Current month kW is Ihe highest 15-minute kW recorded :at the pOint of delivery dunng Ute current monUt. Contract kW is Ute m:axunum kW specified in Ute Agreement for Electric Service. (C) 199~ Texas Ulilitles Eleclnc Comp:any lUte Schedules 52.2 Tariff for Electric Service Texas Utilities Electric Company Exhibit SIH-2 Page 20f2 e 3.<4 Other Applicable: Entire System Effective Date: Sheet: 11 Pap 1 of 2 Revision: OnPnal Special Conditions a) The demand charge applicable to servIce provIded under thiS rate shall be specified in the Agreement for E!ecaic ServIce (Agreemenr) and IS the higher of: 1) The demand charge necessary to enable Company to provide servIce to an exisang or prospc:cave load such that the [Ora! COSt of providing elecaic service over the term of the Agreement IS equal to or less than that of Customer's self-generation or other energy service arnngement offered by any other ennry to serve such load. 1) The demand charge necessary for the net present value (NPV) of the projected incremental base rar.c: revenue (BRR) n:c:eived by Company dUMg the r.c:rm of the Agreement to be: positive. The NPV is the sum of NPVI anc1 NPV2. as calculated below. . NPVl: During the period commencmg WIth the effective dar.c: of the Agreement and concluding in the year of the next scheduled generaang unit addiaon In Company's IlItegraled resource plan current at the ame the Agreement IS signed. the: NPV of the projected incremental BRR is the sum of the projected monthly BRR discounled at Company's WeIghted Average COSt of Capital as approved by the Comnusslon In Company's most recent rar.c: case (WACC). . NPV:!: Dunng the period commencmg In the year after the next scheduled generaang unil addiaon in Company's inr.c:grarcd resource plan current al the nme the Agreement is signed. and concluding at the end of the Agreemenl. the NPV of the Incrementa.! BRR is the sum of the monthly difference between (i) the projected BRR thaI would be: received under the Agreement and (ii) the projected BRR that would be receIved under Company's applicable Wholesale Power rar.c: effective al rbe urne the Agreement IS executed. discounted at Company's WACC. b) The total COSI of servIce from self-generation or another energy service supplier ro an eXisting or prospecave load will be evaluar.c:d on an NPV basIs and will include all COStS assoclared with the delivery of firm energy service. Including but not limited to: e !) the COSts of any production. transmiSSIon. and/or disrnbution faclliries. or modlficaaons thereto. required to serve Customer. including operating and maintenance costS and ad valorem taxes. 1) wheeling COStS. 3) the COSt of scheduling. load followlllg. andlor conrrol ¡rea services. and 4) standby servIces. c) Customer musI furnISh Company a notarized affidavit and supporting informalion confimtlllg thaI Customer would have oblamc:d itS energy supply from either self-generation or another energy servIce supplier but for the negollar.c:d demand charge pemunc:d by thIS r¡te. thaI such other energy service supply would have been more economIcal [0 Cuslomer than Company·s applicable standard Wholesale Power Rare. and thaI the demand charge negonaled pursuant 10 thIS rate lIIas necessary for Cuslomer ro agree to receIve elcctrlc service from Company. d) Po.....er and energy is available to paraal requirementS customers onJy in the followmg clrcumstanc:s: I) IIIhen a gener:¡rion source which does not exceed rbe load of such cusromer is cOMected directly to and IS a pan of rbe system of the paraal requirementS customer and is used to supplement purchases of power and energy from ru Electnc. or 1) IIIhen a partial requIrementS customer obtams power from another source. and the paroa! requirements customer: A. has installed necessary system oper:¡nng equipment ro enable it to receive such other power under the eXlsang ERCOT gUidelines for Control Area. or B. has contracted with another utlliry ro effect delivery of such other power by becolTUl'lg a pan of such orber ualiry·s ERCOT Control Area or, c. has executed a mutually satisfactory agreemenr WIth TU Elecrnc whereby ru Electric 111111 provide Control Area services and such other servIces as are necessary to assure the reliablliry of the supply of such other power under rerms which wIll fully compensate TU Elecmc for the particular services required. e Agreement An Agre:ment for Elecmc Service IS required. Notice Service hereunder is subject to the orders of regulalory bodies havlllg junsdictlon and to Company· s Tanff for Electric Service. (c) 1994 Texas L'nlities Electric Company Rale Schedules 52.3 e OJ) c -- ~ (Ij (.) .- > ~ (Ij en .- - e +-' s::: (1)...-.. Eo c..w o ¡.. - (1) (1)-c > -- (1) a: c'-"" (.) -- E o s::: o (.) w ~ en :::s .... U Q) ,- ~':::: - .- .9 $ C/J C/J ~ :::s .... Õ U a) ,- > § : ~I: ..... 0 CZJ -gB~ ::-: > ~ 0.. 0 o:I:o - N .... ~ '-- UjC:o o c-= $ ~ ~ Q) 0 .2 c: u5' :::: Ol)Ou c: u .- OJ) ~ t.è C a) .. .- .... U O ..... - en -- -- ~ .- è Q,J :::s ><: a) ~O'~ en - = - -- . . = ;> -< e a) þJJ - - "'1oJ ,- - U u c: .. - Q,J "1oJ :.. ~ - == Q) -- u = Q,Ju ~ £ OJJC: C :::s -_ 0 .c u tIj .~ -= Q t:l) = -- . -- tIj .- Q C ~ o u .= en U ...... a) r- ..... c-: a3 e .~ E .... ~ >a Q) - 0 ~ o _ r- - 0 õ ~...... U E CZJ a) a) :::s u u u ~ Q) Q) - en en ~ ~ ~ en Q) a) u .... .... ~ u U 0 .. c c: -- ~~~~ ...... -- -- QJ . C QJ :Q >a ...,¡ .- > . . Tariff for Electric Service Texas Utilities Electric Company Exhibit SlH·3 Page I of 2 e 3.1 GeneT21 Servic:e Applic:able: Entire System Effective Date: Sheet: 13 Pace 1 of 2 Rfflsion: Oripnal 3.2.13 Rider ED - Economic Development Service Application Applicable to electric service under Rate OS. lùte Op, or Rate HV (or additional elecmcalload of 200 IcW or more when the availability of thiS Rider ED was an important (aclOr in Customer's rmlclng the decision 10 add new electrical ¡~ or resume scrvice 10 an inacave electncal load. subject 10 the special condiaons contained herein. The availability of thlS nder is at the sole disc:reaon of Company. Applicable in conJUncnon With Rider ES. Not applicable in conjunction WIth any other rider. unlcu specifically Provided for herein or iD such nder. The provisions of Genenl Service lùtes OS. OP. or HV are modified only as shown hereiD. l\ofonthly Rate In accordance with the tenns of Oenenl Service Rates OS. OP. or HV. e:ltc:cpt that an Economic Development Demand Discount is applied ro tbe Economic Development Demand according to the following schedule: e EcoDOmic Development DelD2nd Discount Schedule :"umber of Years Unul :-Je:ltt CapacIty Addiuon Discount 5 50% ~ ~% - 30% 1 20% 1 I 10% Definitions The E=onomic Development Demand is dlat pomon oi the bIlling demand of the current month billing demand. as dete:muned in accordance With the appropnate rate schedule. thai IS greater than the billing dermnd of the corresponding month in the twelve month penod pnor to the effective date of servIce under thIS Rider. The EconomIc Development Demand Discount IS determined by tbe number o( calendar years. or portions thereof, between the calendar year in which servIce to CUStomer is first rendered under thiS Rider and the calendar year in which tbe next scheduled genenring unit addlllon in Company·s Integnted Resource Plan In effect at the rime an Agreement for Elecmc Service under thIS Rider is sIgned. and will be reduced :1Mually according to the above Economic Development Dermnd Discount Schedule. after which the EconolTUc Development Demand Discount termlnales. If. for eumple. at tbe time that the Agreement for Electric Service IS signed and service is first rendered under this Rider. tbe ne:ltt scheduled genentlng unit addlllon is in the ne:ltt calendar yeaf. the customer's Economic Development Demand Discount wIll be 10% for one calendar year and saId discount will te:rtnimte thereafter. If. for eumple. at the time that the Agreement for Electnc ServIce IS signed and service is first rendered under this Rider. the nut scheduled genenMg UlUt addinon is in the SIXth subsequent calendar ye:zr. Customer's EconomIc Development Demand Discount will be 50% for the first calendar year, 40% for the second calendar year. 30~ for the tblrd calendar year. 20% (or the fourth calendar year. lOr. for the fifth calendar year. and said discounr will terminate thereafter. Inacnve elecrrical load IS load that has been inactive for 12 months or morc. Special Conditions All of the (ollowing condItions must be met pnor ro service being rendered under this Rider. e 1) Customer mUSt furnish Company a nounzed affidavit and suppOrting Informanon confimung that Cusromer had knowledge of the e:ltlstenc: o( thiS Rider and an opportUnity 10 consider its benefits al leaSt 60 days In advance of making a decision to add die new elecmca! load or ro resume the inacnve elecrncalload and prior to Customer·s first constrUction. purchase, or lease of new or additional facilities or equipment necessary ro locare the business in Company·s service area. that Customer consIdered SIting its facility OutsIde of Company·s service area. and that this RIder was an important conrnbuun¡ facror In Customer's decIsion to open a new facility or e:ltpand an e:ltlsting facility or resume an inactive elecrrical load. (c) 199~ Teus Urililies Electric: Company Rate: Schedules 29.3 e e e Tariff for Electric Service Texas Utilities Electric Company Exhibil SJH-) Page 2 of2 ).2 General Service Applic:l.ble: Enúre System Effective Date: Sheet: 13 P:l.Cr 2 of 2 Revision: OrisW1 2) Cuslomer shall be required [0 demonsl~le that the addilional elecmcalload is accompanied by additional full-rime employment withm the Company·s serviCe area. For purposes of this secrion. full-time employment is defined as an employee who has been. or is projected [0 be. employed for alleast 1.750 hours per year. 3) An energy efficiency analySIS of the plans for the new or expanded facility mun be completed prior to the installation of the additional cOMCCled load. Company will perfonn such analysis or review Cusromer's analysis. AU reasonably applicable. commercially available demand-side measures that would reduce the need for electricity or that WOUld result in a more etfICiem use of elec:aiCity will be idenatied and explained to Cusromer. The requirement for this analysis will be waived only if Cusromer an demonstrate good cause for nOI having the analysis perfonneå. such as the use of proprietary œc:hnologies. 4) An Agreement for Elecaic Service has been executed. If the billing demand for 12 consecutive months is less than the billing demand of the corresponding momb in the twelve-month period pnor to the effective dare of service under this Rider. Cusromer will no longer be eligIble for service under rlUs Rider. and billing will be in acçordancc with the applicable Gene~1 Service Rare. Agreement An Agreemem for Electric Service. WIth a mmunum tenn of 5 years plus the number of years of discounted demand charges received under this rider. IS required. (c) 1994 Texas Utililies Electric Company Rare Schedules 29.4 e ~ 0 -0 r./) ~ 0 ..... aJ - c: > (1) ~ aJ 0 0- ~ (.) aJ U C. -- 0- > = ~ ~ c..;.....; - :-.. ,... aJ 0- - (1) ..... I S- 0- ~ 0 en ~ e!J aJ ~ r./) aJ r./) . - r- ::::: C) aJ - 0 r- C,) ~ ,... - c: b.l) - 0 ~ , 0 ~ - ..... C,) .... r./) 0 = s::: == c: ~ W ..... a; e .s::: u ..... 0 , r:/; ..... (.) :-.. > - -0 aJ , c: - ~ (1) - > C,) eI:) aJ -c ...L.. r- ~ ..... aJ r:/; ~ - c: aJ , 0 0 ..... - -- - == ~ u c: - a: 0 u - ~ ctS ..... 0 ~ 0 0- ..... c: == ...... ""-'" ..... ~ u ~ s- eI:) aJ a; 0 o- s::: 0 == ,... -- eI:) > - ~ QJ 0- E eI:) (1) ~ ..... '"0 a; c: - . r- - E en - ~ c: = 0 s- a; ~ s- O[) 0 ""0 ..... 0 ... eI:) - aJ - a; 0 s- C': c: ~ s::: 0 E 0- ~ ::: ~ ..c - > QJ 0 0lJ ~ 0 E u ::: ..... c: - 0 c: ~ ..... eI:) ~ c: - ~ 0- :... ..... a; OJ) a; - a; -- cb eI:) ,... ~ c > 0 - c'"O > ::: u a; s::: . - 0- ~ u a; ..c: -- '"0 eI:) eI:) 0 0 - ..... ..... IIII'- a; '"0 a; ~ w ... C"i.: -- - > C. ::: ~ ~ >< 0 E QJ Cltr¡ -- 0- .- = C"i.: - = ~ ~ u:2 "Q ...-.. =.D ....... ~ -- c: '-' - QJ -- . -- . . . . ~ ... :: ~ . ;> -- QJ ~ Q CQ · Tariff fOI" Electric Service Texas Utilities Electric Company Ühibit SJH-4 e 3.: General ServiclI Applicablll: Entirll Syslem EffllCllVII Dale: Sh_: 14 PaJ' I of ¡ Revision: Original 3.2.14 Rider ET - Environmental Technology Service Application Applicable [0 IIlllctric service undllr Rale GS, Rale GP, or Rale HV for an environmentallechnololY havine an electrical load of 5 ItW or more "'hen the availability of this rider "'II an importanl conrributin, factor in Customer'a makinr a decision to convert an uulinr proc... usin, less energy-«fficient electric sources of energy or non-electrical sources of energy to a proceu utilizine etlerJY-etficient eJec:tric.l technology, subject 10 the special conditions containlld herein. The availability of thia rider ia at the 101. discreQon of Company. Applicable in con.iuncrion ",ith Rider ES. Not applicable in conjunction with any other rider. unl... specific.lly provided for h_in or in such rider. The pmvisions of General Service Rates GS. GP, or HV are modified only as shown herein. Monthly Rate In a.:.:ordan.:e ""itl! rhe renns oi General Service Rales GS. GP, or HV. except that the EnvironmentAl TechnololY Demand is reduced IS fo 11o", s: ü"irOtWleøta1 TecluJolugy DI!II1:a.Dd Discount C "ntract Year Discount I S5.00/\¡W : s,¡.OO/kW ~ J S3.00/kW ,¡ S:.OO/\¡W 5 I SI.OO/kW Definitions Environmental Technology is the conversion to or installation of a ne'" process that yields a net reduction in the amount of source BTU used. i.e.. thll amoun! of STU required for the process must be less for the ne.., technology procllSS than for the replaced rroceas. or a ne'" process thae signiticantly improves thll qualiry oi the environment througl! use oi an electr;cal lechnolol)'. The Environmental Tcchnology Deman..! is the eSllmated maximum IS-minute demand associated ",ith the energy-efficient electrical technology. Special Conditions All of the fOIl""'in, conditions must be met prior to service bein, rendered und.r this Rider: I) Customer must furnish Company a notarized affidavit and supporting ¡nfonnetion contirmin, that Customer had kno"'ledge of the existence of this Rider and an opportUnity 10 consider its benetits al least 60 days in advance of ma...ing a decision to convert existin, processes to environmental technologies and prior to CUllomer' & first constnlction. purchase or lease of ne", or addill"nal facilities or ooquipment necessary 10 convert to environmental technologies and that this Rider "'as an important conlnbutin¡: faclor in Customer's decision to convert to the environmental technolOfY. e 2) , An enerey efficiency analysIs of the plan& for the convenion to environmental technololY must be completed prior to the installaClon of the conne"t..d load. Company ",ill perfonn luch analysis or rev;_ Customer's analysis. All reasonably applicable. commercially available demand-side measures that "'ould reduce the need for electricity or that "'ould result in a more ..ffi"ient use of electricity "'ill be identified and explained 10 Customer. The requirement for this analysis ",ill be "'aived only if Custumllr can d..monslrlle good cause for nOI having' the analysis perfonned. such as the use of proprietary rechnologies. J¡ An A~r..emenl for EI..crric Service has be..n eJlecutlld. Agreement An A~reement for Ele"tric Service "'Ith I minimum lenn of five yurs is rooquired. (c) 199'¡ T..us Utilities Electric Company Rate Schedules :9.5 e TV requests rate flexibility to attract, keep business r,/1( 9d ·d· d· d . d I - , ByÐANPILLER l consl ermg expan 109 an re- mote economIc eve opment. decisions utilities are becoming FonWonhSlar-Teleanm questing additional service, or The reasoning goes like this: If a more con~emed about their abil- TU Electric, which serves Tar- leaving the area. . rate discount helps Tarrant C~un- ity to revise rates to meet outside rant and 87 other counties, asked "Approval of the strategIc rate ty lure a corporate relocatIon, competition, TU spokesman Jim the Texas Public Utility Commis- package will be a vital step in then that company wiII hire 10- Lawrence said. sion yesterday for greater rate keeping this part of Texas com- cally or transfer employees into TU Electric bases rates for in- flexibility, particularly to attract petitive in today's business envi-, the county. Those employees, in dustrial and commercial custom- and keep business customers. ronment," TU Electric Vice Pres- turn, will create more demand for ers on peak demand. ThePU C Among other requests, TU identTom.Baker~id.. electricity, boosting TU's rev- must approve any changes in in- Electric asked for permission to Baker dId not gIve specIfic fig- enues. dividual rates. grant rate discounts of up to 50 ures but said the new rates would Because utility rates, like taxes, "What can happen is that by percent for companies that are generate revenues and help pro- can affect a company's location (More on ELECTRIC on Page 3) . Tuesday, June 7, 1994 / Fort Worth Star-Telegram I SectionB,Page3 I Electric From Page I . the time we go through the hearings and procedures with the PUC, the business has either left or has gone to another state," Lawrence said. If approved, the changes would affect TU Electric's industrial, com- mercial and wholesale customers, which amount to about 51 percent of the $5.4 billion in rates paid to the ·utility in 1993. The new rates would not affect residential customers, ,who are about 89 percent of TU Electric's 2.2 million customers. The new rate package will need PUC approval, which usually takes several months. PUC Chairman Robert Gee noted that other Texas utilities, most notably Houston Power & Light Co., already have such economic development rates. "If what they're asking for is what has been represented to me, I can't see that it is much different from what other utilities already have," Gee said. In addition to economic develop- ment rates, TU Electric has asked the commission for new rate catego- ries for general service, for sales of wholesale power to rural electric co- operatives, and for companies in- stalling new environmental technol- ogy. Lawrence said that TU would give the business-rate discounts only after the utility thoroughly checks out a company's expansion or relocation claims. "We're not going to just grant them without making sure that their claims are legitimate," he said. Among other things, a business must have a peak draw of 200 kilo- watts to qualify for the so-called economic development rider dis- counts. The rate flexibility requested is similar to that used by transporta- tion providers for a decade or more. Railroads and truckers, for in- stance, have been able to adjust rates to capture new business or keep existing contracts. . STRA TEGIC RATE FILING ST A TUS AS OF JULY 5, 1994 Cities Suspended 31 Cities Approving All 88 Cities With Action Tied To PUC 2 Cities Denying 1 . Non-OJ Cities Supporting 6S . . .................. Passed Final .................. . Aledo Archer City Balch Springs Bellmead Beverly Hills Big Spring Blue Mound Breckenridge Bridgeport Buckingham Cedar Hill Chandler Colorado City Commerce Cooper Coppell Crane Crossroads Decatur DeLeon DeSoto Early Eastland Euless Fate Ferris Florence Forest Hill Frisco Glen Heights Harker Heights Henrietta Holliday Howe Hudson Oaks Iowa Park Jacksboro Lufkin - STRATEGIC RATE FILING STATUS AS OF JULY 5, 1994 May Pearl McLendon-Chisholm Midlothian Mineral Wells Monahans Murphy Nolanville Noonday Northcrest O'Donnell Odessa Palestine Piano Prosper Ravenna Red Oak Roanoke Robinson Sachse Saginaw Seagoville Stanton Sunnyvale Sweetwater Trophy Club Waxahachie Westworth Village White Settlement Whitehouse Willow Park Wilmer Wylie .................. Passed First Reading .................. Andrews Bonham Burkburnett Electra Ennis Graham Haltom City Hurst Irving Keller Lamesa Mansfield Mesquite Midland Paris River Oaks Round Rock Snyder STRATEGIC RATE FILING STATUS AS OF JULY 5, 1994 . ································,....,.;,m<ds ~~t....."H····.·····O~W..¡O···.·····RI····.······ ··g···"'IA.T1ItRI· «S<D>I····~I<O·······~r...):). ).... ::.>Y-+~p.. ......·..S...·..SuJN. ·......G· ····<S·· ···U·9.1··p<p·o<a<'J'·· ·····lNu~G··· ·ry;RES#"~O·.··· ··[.···.···U·····.· ·TI··d···O·'..aN.···<·;·i.<.f~}·H ······.A·.·..·.··.··...·... ............ ... ... ............. .. ... ........ .. .. ..... .. ·····d·.d···d....... c."_'.-; -,' .: ',",. _,' _... .: :-:'. , ,:: .:- _': "',, _. ._ ',':' ','._ ."... .;.;.;.;.,<.:.....,.,..<.;...;...,.;-:.:.,.;.;.;.......... ..:, '. ',-''; -':- ," :-;..< : - -:.- :',':',' .;.;. " ",'- ',. "-,';' .:. ,-._, :-:.>:.;.;.;.;.:-:.»:-;.:-:.......'., . '. . -. ........".,. . ., " , " . ...., . .. .., . .. .. - - . . , . , , .. ,.......,.. .. ......, ",',.. ..", .. ,'..._, . Abbott Alvarado Angus Anna ADnona Athens Bangs Barry Blanket Buckholts Bynum Cameron Campbell Caney City Carbon Clarksville Comanche Como Corsicana Crockett Cushing Dorchester Elgin Eustace Golinda Gorman Gun Barrel City Gunter Holland Hubbard Hutto Keene Kerens Lavon Lorena Mabank Malakoff Marquez Marshall Creek McGregor Moody Murchison Nacogdoches Nevada Newark Northlake Oakwood Oglesby OviIIa Payne Springs Penelope PflugerviIIe Poynor Ranger Retreat Rhome Rockdale Roxton Savoy Southmayd Springtown Streetman Thrall Trinidad West . . STRATEGIC RATE FILING STATUS AS OF JULY 5, 1994 I 'd._.'.____,."... ...........,--.-. ........-..."".. .--.--...."...... .............. ......... ..-.--........".... .................'-.-.. ....".--.............. ........-.......... .......". .......... .........:....'.....:.............................................'::.:..:..:...::....:..:..:..:..,.:.-. ..... " .. ..............",..... ......... ..,,-... .............,,'.-..... .....-.............. ...............-......... ...........".".... .........""....... .-...........,'.. ,,-----.-,....... ..-- -....,.., "".",........ .'.....,.,.", .. ,- .... ..",-" ......... '-,"" ',--"'" '-- -',',',"," .--.._...,...,....'.....'.':.,'.','...'...'...',',.,.,.,..'..,.,...,..'.'.'.'.','.....'.'..'.'.'.'.'.. .-'...,.......,.,.,.-'..,'.'.'...'.....',',','..,-...,...,..-.-..........'....-.-..-..--.-.......... ...-.-,-..._...,'.'....,,_.. ..."."""....,..,..,....,..".,..,..,.,.... --"""""""'..,.."".. .",..... .,'... ......"...... ........C....·..·....~...WJ1'H;..ºklGINAIJ..JîJØtsöîJj.....Ö! .. ... ·»><st1SPENÐING? ..... ..... .... .... . . Addison Azle Bedford Belton Benbrook Brownwood Burleson Carrollton Cleburne Colleyville Dallas Dalworthington Gardens Dennison Dodd City Farmers Branch Flower Mound Georgetown Haslet Lake Worth Lindale Oak Point Pantego Pottsboro Richardson Rockwall Rowlett Shennan The Colony Tyler Wink Wood way ~~~~I ...,............-........... ...........,................. ':':':':-:::':':':::'.':':':-:-:-:-:-:':-:':-:';':-:':-: ..... ..- .................. ...,.,....................... i:!:! .' . STRATEGIC RATE FILING STATUS AS OF JULY 5, 1994 ...........'............,'"""",..,.."....,......,"'......... CmÊSWl'fâôRíôÎÑ.ÂÊåÛÌÛSôÎêTíÔN/:/:: .«);<>«>:::«»<~<~::.,,::":,.'::" "-.:,.,.,..:.:'::::>':::.'::: ."::".:::..-::».':: ,:,'.," >"'::::.:,<,\..::-:::.. ;" ..)<',.::: :,:::" .: ", .:: :': :':: :,:,:';'?:.::' ,,<:::.<}:<::::<::~::::::::::::.;:;:.:.:_::-.::-:-........;.:.;..".' """""""<""'/':""""'</'<::·:·::/::'Ä.:ÞoT>'r'AN. ·"oT>ŸW:b::mð·"ftU·'· Þ'1.ÞlTtYnN···· ,. '::::"""':::':':':""""::::':::::::",,::::::::::,:':::/::::::::',: :.;:::;:~;:::::::::-::::::::::::::::;;::::::::::::::::::::;:;:::::;::::';::':;:;:::::::::ftL;:I.;::.i.:V ::. :::::::I.:~:::::::.::Q::::r:, :::,~::::d~::iI::.U: ;::',:~ :::::::::;:::::::::::::::::::;:;:::::::::::::::::::::::::::::;:;:::::;::::::::::::: ... .... . . .... ... ..,. .., ..., "."....,., ... ."...,..:" .. '" ..... ,."""",:,:"::::,,,:,:::,:,:"/:':":':":::},,": ::":'::::::::1 I Sansom Park Weatherford Lakeside . ". t , II- sro BY: 6-23-94 ;10:17AM ..... 95815516;# 2/ 2 IRVING ECONOMIC DEVELOPMENT FO UNDA TrON RESOLUTION 1993/94...4. RECOMMENDATION TO TIlE CITY OF IRVING Sù1'PORTlNG A PROPOSAL FROM TIJ ELECIRIC TO PROVIDE INCENTIVES FOR QUALIFYING CUSTOMERS WHEREAS,. the Irving Economic Development Foundation Serves as the primary agency for attracting Dew businesses to the City of Irvil1g, and WHER.EAS, commerce, business and jobs gravitate to the most economical1ocatioDs, and WHEREAS, the IrviDg Economic Development Foundation wishes to suppon Tti Electric . aod jt·s economic development efforts, aad WHEREAS, the TU Electric proposal will allow them to retain existing buSinessesy attract new Þusinesses, and encourage job creation by offering flexible rates, and WHEREAS, the TU Electric proposal wiJl result in a higher efficieacy for aU TU Electric customers. NOW THBREFORE, BE IT RESOL VBD by the Board of Dircc:tors otthe IrVing Economic Dc\'clopment Foundation that the Irving City Council suppon TU Electric's filing before the State of Texas Public Utility COllunissioD for: I. Offering new ratcs to qualified commercial, industrial and wholesale eJectric Customers, and 2. IDCcDtives for qualifying customers wbo conven to advanced technologies that conserve energy. Adopted this 13th day of June. 1994 hy tbe Soard of Directol'5 of the Irving ECODomic DeveJopmcnt FoundatiolL ~~, Danie! B. Mab y Executive Director e e e 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 27, - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 27, 1994 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mark Wood Mack Garvin Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Lyle E. Welch JoAnn Johnson Councilman Councilwoman 2. INVOCATION Councilman Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JUNE 13, 1994 APPROVED e June 27, 1994 Page 2 Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the minutes of the June 13, 1994 meeting. Motion carried 4-0; Councilwoman Spurlock abstaining due to absence from the meeting. 5. MINUTES OF THE SPECIAL MEETING JUNE 16, 1994 APPROVED Mayor Pro Tem Wood moved, seconded by Councilman Oujesky, to approve the minutes of the June 16,1994 meeting. Motion carried 5-0. Mayor Brown moved Item No. 18 before Item No.6. e 18. GN 94-74 LEASE, CONSTRUCTION, AND JOINT-USE AGREEMENTS BETWEEN BISD AND NORTH RICHLAND HILLS FOR RECREA TION/A THLETIC FACILITIES APPROVED Mayor Brown explained the text of the agreement. Mayor Brown recognized BISD School Board Members: Calvin White - President, Charles Scoma, Delores Webb, Kelly Hancock, and John Spicer. Mayor Pro Tem Wood moved, seconded by Councilwoman Spurlock, to approve GN 94-74. Motion carried 5-0. 6. PRESENTATIONS BY BOARDS & COMMISSIONS 1. CAPITAL IMPROVEMENTS BOND COMMITTEE REPORT Mayor Brown gave a brief report on the Committee's recommendations and thanked the Committee for their time and efforts on this project. e Mr. Charles Owen gave a report on the Committee's recommendations. · e e June 27, 1994 Page 3 2. PARK AND RECREATION BOARD MINUTES No action necessary. 7. PRESENTATION OF "YARD OF THE MONTH" AWARDS Mayor Brown and Beautification Committee Chairman Delores Pultz presented the ''Yard of the Month" awards for June to: Linda and Joe Wade, 6420 Diamond Loch North; Marie and Donald Denney, 4209 Cummings; Dana and Tom Benton, 5616 Bogota; Kathy and Joe O'Donnell, 7500 Mike Court; Stephanie and Mike Rivera, 7820 Clark; Adria and Lee Metcalf, 7108 Oldham; Jill and John Spicer, 7725 Tamarron; The Austin Family, 6332 Skylark; Linda and Freddie Rogers, 9128 Nob Hill Drive. 8. PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD Mayor Brown and Beautification Committee Chairman Delores Pultz presented the "Landscape of the Month" award for June to Whataburger, 5200 Davis Boulevard. 9. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Item No. 17, Councilman Garvin removed Items No. 13 and 26 and Councilman Oujesky removed Item No. 19 from the Consent Agenda. 10. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12,14,15,16,18,20,21,22,23,24,25,&27) APPROVED Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the Consent Agenda. Motion carried 5-0. 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 APPROVED e e e June 27, 1994 Page 4 Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Marshall Curry, applicant, appeared before the Council and spoke in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 1990. Motion carried 5-0. *12. PS 94-18 - REQUEST OF RICHLAND HILLS CHURCH OF CHRIST FOR REPLAT OF BLOCK 7, MEADOW LAKES ADDITION APPROVED 13. GN 94-68 - GARBAGE BILLING FOR WASTE MANAGEMENT, INC. APPROVED Mayor Pro Tem Wood moved, seconded by Councilman Sibbet, to approve GN 94-68 with a ten percent billing fee and to also include commercial. Motion carried 5-0. *14. GN 94-70 - COMMUNITY SERVICES - REORGANIZATION APPROVED *15. GN 94-71 - APPROPRIATION FOR TRA DEBT SERVICE - WALKER/CALLOWAY SEWER PROJECT APPROVED e . . June 27, 1994 Page 5 *16. GN 94-72 -INTERLOCAL AGREEMENT FOR RADIO MAINTENANCE RESOLUTION NO. 94-28 APPROVED *17. GN 94-73 - ORDINANCE APPROVING TU ELECTRIC'S FOUR PROPOSED NEW TARIFFS ORDINANCE NO. 1992 TABLED Councilman Oujesky moved, seconded by Councilwoman Spurlock, to table Ordinance No. 1992 until the July 11, 1994 Council meeting. Motion carried 5-0. 18. GN 94-74 - LEASE, CONSTRUCTION, AND JOINT-USE AGREEMENTS BElWEEN BISD AND NORTH RICHLAND HILLS FOR RECREATION/ATHLETIC FACILITIES Moved before Item No.6 on the Agenda. 19. PU 94-48 - LAND ACQUISITION - LITTLE BEAR CREEK PHASE II APPROVED Mayor Pro Tem Wood abstained from discussion. Councilman Sibbet moved, seconded by Councilman Garvin, to approve PU 94-48. Motion carried 4-0; Mayor Pro Tem Wood abstaining. *20. PU 94-49 - RATIFY PURCHASE OF PROPERTY FOR CITY HALL EXPANSION PROJECT - LOT 8, BLOCK 32, RICHLAND TERRACE ADDITION APPROVED · e - June 27, 1994 Page 6 *21. PU 94-50 - AWARD BID FOR MID-SIZE SEDAN APPROVED *22. PU 94-51 - AWARD OF BID FOR RICHFIELD PARK IRRIGATION APPROVED *23. PU 94-52 - AWARD OF BID FOR ADVENTURE WORLD RESTROOM BUILDING APPROVED *24. PW 94-21 - APPROVE REIMBURSEMENT TO ARCO FOR PIPELINE ADJUSTMENTS ON STRUMMER DRIVE IMPROVEMENTS RESOLUTION NO. 94-27 APPROVED *25. PW 94-22 - AWARD OF BID FOR TRAFFIC SIGNALIZATION AT WATAUGA ROAD AND TECNOL BOULEVARD APPROVED 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 & DRAINAGE IMPROVEMENTS APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve PAY 94-12, funds to be transferred from Unspecified Street Fund instead of Unspecified Drainage Fund. Motion carried 5-0. e e e June 27, 1994 Page 7 *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 APPROVED 28. CITIZENS PRESENTATION Reverend Steve Bontrager representing North Richland Hills Four Square Church, appeared before the Council. Reverend Bontrager advised they wanted to build a new church at Buck and Meadow Road. Reverend Bontrager asked the Council to waive the requirement for the reconstruction of Buck Street and accept a letter of intent for future improvements of Holiday Lane and a cost share between the City and Church for the water line, the Church to pay one-third for the water line. Councilman Garvin advised the City had previously been requested to waive these requirements and denied the request. Councilman Garvin stated he would encourage the Council to deny the request. Mr. Claude Shackelford appeared before the Council. Mr. Shackelford advised he would like permission from the Council to circulate a petition on requiring harsher penalties for convicted drug dealers. Mayor Brown advised that Attorney McEntire would check the wording of the petition and notify Mr. Shackelford of his decision. Mr. David Johnson, 7345 Plumwood, appeared before the Council. Mr. Johnson stated he had been advised by the City that his street did not meet the criteria for speed humps. Mr. Johnson asked that the Council review the ordinance and see if exceptions could be made. Mr. Johnson advised the residents were willing to pay for the installation of the speed humps. Councilman Oujesky asked if 100 percent of the residents wanted the speed humps. Mr. Johnson advised only four residents did not sign the petition. e e e June 27, 1994 Page 8 Mayor Brown advised Mr. Johnson that Staff would review the ordinance and if changes needed to be made, it would be placed on an agenda for formal action. Mr. Jerry Long, 4713 Hillside Drive, appeared before the Council. Mr. Long stated that two off-duty police officers came to his house on June 21 st at approximately 11 :30 p.m. to serve a warrant on his nephew. They rang the door bell several times and also kicked on the door. They advised his wife to pay the warrant or he would be taken to jail. The officers could not produce a copy of the warrant. Mr. Long stated he felt this was unacceptable behavior and that the Council should review the Court procedures. Mayor Brown advised Mr. Long that the City Manager would investigate the situation and get in touch with him. 29. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary Department: Planning and Inspections CITY OF NORTH RICHLAND HILLS ., ~ Council Meeting Date: 7/11/94 Subject: Request of James R. Harris Company for Final Plat of Agenda Number: Shady Oaks Addition, Phase 2. (Located in the 8200 block of North Tarrant Parkway) PS 94-19 James R. Harris is the owner and developer ofa parcel ofland located on the north side of North Tarrant Parkway, about 1/4 mile west of Castle Creek Drive. He has submitted a Final Plat of the property which he proposes to develop in phases. This Final Plat is Phase 2. The Preliminary Plat of this property was approved by the Planning and Zoning Commission on February 10, 1994. The Final Plat is consistent with the approved Preliminary Plat. The following are the issues regarding this Final Plat: 1. Sidewalks are required along all public streets as the individual lot develops. The Planning and Zoning Commission recommended approval of the owners request that the sidewalk requirement be waived for the portion of this property that fronts North Tarrant Parkway. 2. The Subdivision Regulations require a masonry screening wall along those lots that have frontage on North Tarrant Parkway. A screening wall is required on all residential lots that have frontage on a C4U or larger roadway. The developer has agreed to construct the masonry screening wall as required. 3. The Planning and Zoning Commission has recommended that the developer be required to escrow funds for the future improvement of North Tarrant Parkway. The developer did not include any plans to construct North Tarrant Parkway along this route in his original engineering plans. The developer has responded to all engineering comments. The Planning and Zoning Commission considered this request at its June 23, 1994 meeting and recommended approval subject to the following requirements: engineering comments, a waiver of the sidewalk requirement along North Tarrant Parkway, and that the developer provide escrow money for future improvements to North Tarrant Parkway. RECOMMENDATION: It is recommended that the City Council consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other 16 Finance Review Acct. Number Sufficient Funds Available - - ¡efl~ City Manager . Finance Director ~ partment Head Signature CITY COUNCIL ACTION ITEM 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 94-19 Shady Oaks Associates, L.P., Ft Worth TX James R. Harris Company, Ft Worth TX Carter & Burgess Engineers, Dallas, TX same 16.543 acres 52 R-2 Single Family Residential Single Family Residences The developer will install the necessary water and sewer lines to serve the proposed lots. The developer will install the necessary frre hydrants to provide the required frre protection for this property. This property fronts on North Tarrant Parkway, a P6D Principal Arterial, requiring an ultimate right-of-way of 120 feet. None required. None. Four new residential streets are proposed. The developer will install the necessary street lights according to Public Works criteria. Access to this property is from North Tarrant Parkway. Sidewalks are required on all lots as each individual lot develops. The sidewalk constructed along North Tarrant Parkway must be installed at the time the masonry screening wall is constructed. A masonry screening wall is required along those lots that have frontage along North Tarrant Parkway. The Subdivision Regulations require a masonry screening wall along roads classifred as a C4U or larger. Shady Oaks Drive, Worthshire Drive, Berkshire Drive, Beverly Drive Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, a portion of this property lies within a lOO-year flood plain. Several offsite drainage improvements are being made to accommodate this development. None. This request is consistent with the Comprehensive Land Use Plan that calls for low density single family residential development in this area. None. . N@RTH RICH LAND HILLS Public Works June 1, 1994 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 94-21; SHADY OAKS SECOND PHASE; Final Plat & Construction Plans . I have reviewed the subject documents submitted to this office on May 4, 1994 and offer the following comments: 1. A vicinity map needs to be added to the plat. Sufficient street names and landmarks need to be included to determine the general location of the plat. 2. The title block needs to be revised as shown. 3. The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. The final plat needs to include the NAD83 Texas State Plane Coordinates (in feet) for at least two property corners. The coordinates need to be determined by a survey tied to the City's GPS monuments. 4. The metes and bounds description and the exhibit are not in agreement. The discrepancy occurs in the eleventh call. This needs to be resolved. 5. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. . 7301 N.E. Loo" 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656.7503 6. A twenty foot radius will be required at the beginning of all cul-de-sacs as shown on the review plans. 7. The current wning needs to be clearly indicated on the face of the plat. This includes the proposed lots and the adjacent lots. 8. An offsite drainage easement is required along the east property line of Lots 24-28. All offsite easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted tot he Public Works Department for filing with the approved final plat. 9. Street lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the plans to confirm compliance with current ordinances. In addition, a street lighting plan will need to be added to the construction plans. Any additional street lights which may be required based on current ordinances 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. 10. The Design Manual contains criteria for necessary fire hydrant coverage. Appropriate coverage radii for the applicable fire hydrants will need to be included. This will assist Public Works in determining the need for additional fire hydrants. 11. Currently, North Tarrant Parkway is an unimproved street. An escrow may need to be established for future paving improvements. 12. The Subdivision Regulations require screen walls for all newly platted or replatted subdivisions adjacent to a C4U thoroughfare or larger. The requirements for the screening wall can be found in the Subdivision Regulations under the subtitle of Special Provisions. In addition, the Zoning Ordinance requires visibility sight triangles at street intersections. See Article 6 in the Zoning Ordinance for the requirements. 13. The 15 foot utility easement and drainage easement between Lots 15 and 16 needs to be changed to 22 foot utility easement and drainage easement. 14. An onsite sanitary sewer easement by separate document will be required along North Tarrant Parkway, across the back of Lots 16, 27 and 28. The volume and page for the offsite sanitary sewer easement will need to be shown on the plat. 15. There are comments regarding the engineering and construction plans recorded on a set of bluelines. The review plans have been returned to the engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. . . . The City 1 S eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. Public Works is recommending that this plat and construction plans be revised prior to submitting to the Planning & Zoning Commission. The marked up bluelines need to be returned with the next submittal. JV1:L w-., RMC/smm/pwm94060 cc: Greg Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services C:-Æ Carter:: Burgess Consultants in Engineering, Architecture, Planning and the Environment June 15, 1994 Mr. Mike Curtis City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Reference: PS94-21 Shady Oaks, Second Phase Dear Mike: We have received your comments on the above referenced plat and respond as follows: 1. A vicinity map has been added. 2. The title block has been revised. 3. The GPS coordinates have been added. 4. The calls have been adjusted. 5. The easement dedication was added. 6. The cul-de-sac radius was changed. 7. The current zoning was added. 8. Offsite easements are being prepared at this time. 9. The street light plan is being prepared at this time. 10. The hydrant radii are being added. 11. Based on previous discussions, we understand no escrow is required. If this is contrary to your understanding, please let me know. 12. The screening wall will be installed as part of the subdivision improvements. 13. We will insert the easement width needed on the plat prior to filing. 14. The easement information will be shown on the plat prior to filing. 15. Comments will be addressed as necessary. Please call me if you have any questions. Sincerely, CARTER & BURGESS, INC. S w~ Te7;y wI Mitchell, P.E. Associate Principal TWM/dmk 93317901.L05 cc: Mr. Clayton Husband Mr. Jim Harris Carter & Burgess, Inc. 7950 Elmbrook Suite 250 Dallas, Texas 75247-4951 (214) 638-0145 Metro (214) 263-2019 Fox (214) 638-0447 . . . CALL TO ORDER ROLL CALL INSTALLATION OF NEW MEMBER PRESENT Chairman Members MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF TH CITY OF NORTH RICHLAND HILLS, TEXAS June 23, 1994 - 7:30 p.m. The meeting was called to order by Chairm Director Plan/lnsp Planner Plans Examiner ABSENT James Broc Victor Ba Don Bo Ron L Rich Ba LeBaron yton Husband regory Arrington David Barfield Paul Miller Mr. Richa Davis was sworn in as a member of the Planning and Zoning Commission and Capital I provements Advisory Committee. CONSIDERATION OF MINUTES OF JUNE 9, 1994 Mr. owen made the motion to approve the minutes as presented. The motion was s onded by Mr. Baxter, and the motion carried 5-0, with Mr. Davis abstaining due to PLATS AND SUBDIVISIONS 1. PS 94- 1 9 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 2. This property is located in the 8200 block of North Tarrant Parkway. Chairman Brock stated that Mr. Harris has three plats being considered tonight, and the Commission will consider each one individually. Mr. Terry Mitchell, with Carter & Burgess Engineers, 7950 Elmbrook Drive, Dallas, came forward to represent the owner. He stated this plat consists of 52 lots. He stated they have addressed all staff comments. He stated he would answer any questions the Commission might have. Chairman Brock stated it is the opinion of the Commission to waive the sidewalks along North Tarrant Parkway only. He stated there is some question regarding escrow along North Tarrant Parkway. Mr. LeBaron stated that when North Tarrant Parkway was planned, it was assumed that the construction of the road would be done by some other body rather than the City. He stated that escrow for paving improvement along North Tarrant Parkway have been waived for other developments. He stated the Commission could consider starting to require escrow along this roadway. Mr. Mitchell stated the developer has spoken with staff many months ago and was told there may be an escrow, but a definite yes or no answer was ever given. He stated an agreement PZ Minutes - Page 2 June 23, 1994 was signed between the county and the owners of the property that the county would in' 'I the road upon dedication of right-of-way without assessing any property owners. He sta. the developer would take exception to any escrow at this time. Mr. Lueck asked if staff has a copy of that agreement. Mr. LeBaron stated no. He stated that only one development has been final platted along this roadway at this time. Mr. Doug Long, 1615 Precinct Line Road, came forward to speak. He stated he was the one who dedicated the right-of-way to the county, and the document states the county would build the road. He stated the property was not deeded to the public but to the county. Mr. Long stated the city could not go in and build the road at this time because the land is owned by the county. Mr. Davis asked if they have done that. Mr. Long stated the document states the county will build the road. He stated that if the county's obligation is not met, they could ask for the right-of-way back, but they do not intend to do that. He stated there are some hang-ups in the acquiring of some of the right-of- way. He stated they gave up thirty-five acres. Mr. Lueck stated he did not know if the county had pulled out of building the road. Mr. Davis stated the county built a road. Mr. Long stated the county built a temporary roadway to move traffic at this point. He ~ 1 they are approaching the State to construct the road. He stated he will provide a copy ot me documents to the city. Mr. Davis stated that road could stay like that for several years. He stated the owners could be assessed unless money is placed in escrow up front. Mr. Husband stated the tax records indicate that the property is not dedicated as public right- of-way but as tracts of land owned by Tarrant County. Mr. Davis stated the Council should decide if they want to waive the escrow. Chairman Brock asked if the developer has agreed to all other engineering comments. Mr. Mitchell stated yes. Mr. Davis made the motion to approve PS 94-19 subject to engineering comments, a waiver of sidewalks along North Tarrant Parkway only, and that the Council decide if escrow is required along North Tarrant Parkway. The motion was seconded by Mr. Bowen. The motion carried 5-0. 2. PS 94-20 Chairman exception of si improvements. asked if the developer has agreed to all engineering comments with the ks along North Tarrant Parkway and escrow of funds for paving is located in the 8200 block of North Tarrant Parkway. Mr. Mitchell stated yes. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections - Council Meeting Date: 7/11/94 SUbject: Request of James R. Harris Compan.y for Final Plat of Agenda Number: Shady Oaks Addition, Phase 3. (Located in the 8200 block of North Tarrant Parkway) PS 94-20 James R. Harris is the owner and developer of a parcel of land located on the north side of North Tarrant Parkway, about 1/4 mile west of Castle Creek Drive. He has submitted a Final Plat of the property which he proposes to develop in phases. This Final Plat is Phase 3. The Preliminary Plat of this property was approved by the Planning and Zoning Commission on February 10, 1994. The Final Plat is consistent with the approved Preliminary Plat. The following are the issues regarding this Final Plat: 1. Sidewalks are required along all public streets as the individual lot develops. The Planning and Zoning Commission recommended approval of the owners request that the sidewalk requirement be waived for the portion of this property that fronts North Tarrant Parkway. 2. The Subdivision Regulations require a masonry screening wall along those lots that have frontage on North Tarrant Parkway. A screening wall is required on all residential lots that have frontage on a C4U or larger roadway. The developer has agreed to construct the masonry screening wall as required. 3. The Planning and Zoning Commission has recommended that the developer be required to escrow funds for the future improvement of North Tarrant Parkway. The developer did not include any plans to construct North Tarrant Parkway along this route in his original engineering plans. The developer has responded to all engineering comments. The Planning and Zoning Commission considered this request at its June 23, 1994 meeting and recommended approval subject to the following requirements: engineering comments, a waiver of the sidewalk requirement along North Tarrant Parkway, and that the developer provide escrow money for future improvements to North Tarrant Parkway. RECOMMENDATION: It is recommended that the City Council consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available gr:;~ting Budget L ttJ-- - -:e 'ß ~rtmen~.ture ;P ft~'Mân.it CITY COUNCIL ACTION ITEM , 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 94-20 Shady Oaks Associates, L.P., Ft Worth TX James R. Harris Company, Ft Worth TX Carter & Burgess Engineers, Dallas, TX same 15.781 acres 54 R-2 Single Family Residential Single Family Residences The developer will install the necessary water and sewer lines to serve the proposed lots. The developer will install the necessary fIre hydrants to provide the required fIre protection for this property. This property £ronts on North Tarrant Parkway, a P6D Principal Arterial, requiring an ultimate right-of-way of 120 feet. None required. None. Four new residential streets are proposed. The developer will install the necessary street lights according to Public Works criteria. Access to this property is £rom North Tarrant Parkway. Sidewalks are required on all lots as each individual lot develops. The sidewalk constructed along North Tarrant Parkway must be installed at the time the masonry screening wall is constructed. A masonry screening wall is required along those lots that have frontage along North Tarrant Parkway. The Subdivision Regulations require a masonry screening wall along roads classifIed as a C4U or larger. Shady Oaks Drive, Beverly Drive, Parkdale Drive, Grand View Drive Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, a portion of this property lies within a IOO-year floop plain. Several offsite drainage improvements are being made to accommodate this development. None. This request is consistent with the Comprehensive Land Use Plan that calls for low density single family residential development in this area. None. . N®RTH RICH LAND HILLS Public Works June 1, 1994 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 94-21; SHADY OAKS THIRD PHASE; Final Plat & Construction Plans . I have reviewed the subject documents submitted to this office on May 4, 1994 and offer the following comments: 1. A vicinity map needs to be added to the plat. Sufficient street names and landmarks need to be included to determine the general location of the plat. 2. The title block needs to be revised as shown. 3. The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. The final plat needs to include the NAD83 Texas State Plane Coordinates (in feet) for at least two property corners. The coordinates need to be determined by a survey tied to the City's GPS monuments. 4. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. 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.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 6. Street lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the plans to confirm compliance with current ordinances. In addition, a street lighting plan will need to be added to the construction plans. Any additional street lights which may be required based on current ordinances 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. 7. The Design Manual contains criteria for necessary fire hydrant coverage. Appropriate coverage radii for the applicable fire hydrants will need to be included. This will assist Public Works in determining the need for additional fire hydrants. 8. Please be aware that the Environmental Protection Agency requires all construction sites of 5 acres or more to acquire a "construction storm water permit". The City will need a copy of your permit when acquired and/or your "Notice of Intent" (NOI) for our files. 9. Currently, North Tarrant Parkway is an unimproved street. An escrow may need to be established for future paving improvements. 10. There are comments regarding the engineering and construction plans recorded on a set of bluelines. The review plans have been returned to the engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. Public Works is recommending that this plat and construction plans be revised prior to submitting to the Planning & Zoning Commission. The marked up bluelines need to be returned with the next submittal. ~D C-~ C/smm/pwm94064 cc: Greg Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services ... Carter· Burgess Consultants in Engineering, Architecture, Planning and the Environment June 15, 1994 Mr. Mike Curtis City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Reference: PS94-21 Shady Oaks, Third Phase Dear Mike: We have received your comments on the above referenced plat and respond as follows: . 10. 1. 2. 3. 4. 5. 6. 7. 8. 9. A vicinity map has been added. The title block has been revised. The GPS coordinates have been added. The easement dedication was added. The current zoning was added. The street light plan is being prepared at this time. The hydrant radii are being added. The NOI will be sent, as requested. Based on previous discussions, we understand no escrow is required. If this is contrary to your understanding, please let me know. Comments will be addressed as necessary. Please call me if you have any questions. Sincerely, CARTER & BURGESS, INC. ~ /'l,v ~ Terry W. ~itchell, P.E. Associate Principal TWM/dmk 93317901.L06 . cc: Mr. Clayton Husband Mr. Jim Harris Carter & Burgess, Inc. 7950 Elmbrook Suite 250 Dallas, Texas 75247.4951 (214) 638-0145 Metro (214) 263·2019 Fax (214) 638-0447 PZ Minutes - Page 2 June 23, 1994 was signed between the county and the owners of the property that the county would ir the road upon dedication of right-of-way without assessing any property ow rs. He sta,_ - the developer would take exception to any escrow at this time. 'I Mr. LeBaron stated no. He stated that only one development has this roadway at this time. n final platted along Mr. Lueck asked if staff has a copy of that agreement. Mr. Doug Long, 1615 Precinct Line Road, came forward to s ak. He stated he was the one who dedicated the right-of-way to the county, and the doc ent states the county would build the road. He stated the property was not deeded to e public but to the county. Mr. Long stated the city could not go in and build the road his time because the land is owned by the county. Mr. Davis asked if they have done that. Mr. Long stated the document states the count)¡ ill build the road. He stated that if the county's obligation is not met, they could as r the right-of-way back, but they do not intend to do that. He stated there are some ng-ups in the acquiring of some of the right-of- way. He stated they gave up thirty-five ac s. Mr. Lueck stated he did not know if th ounty had pulled out of building the road. Mr. Long stated the county buil temporary roadway to move traffic at this point. He ~ j they are approaching the Stat 0 construct the road. He stated he will provide a copy of the documents to the city. Mr. Davis stated the county built a Mr. Davis stated that ro could stay like that for several years. He stated the owners could be assessed unless mo y is placed in escrow up front. he tax records indicate that the property is not dedicated as public right- of land owned by Tarrant County. the Council should decide if they want to waive the escrow. Chairman rock asked if the developer has agreed to all other engineering comments. Mr avis made the motion to approve PS 94-19 subject to engineering comments, a waiver o idewalks along North Tarrant Parkway only, and that the Council decide if escrow is quired along North Tarrant Parkway. The motion was seconded by Mr. Bowen. The 2. PS 94-20 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 3. This property is located in the 8200 block of North Tarrant Parkway. Chairman Brock asked if the developer has agreed to all engineering comments with the exception of sidewalks along North Tarrant Parkway and escrow of funds for paving improvements. Mr. Mitchell stated yes. . . . PZ Minutes - Page 3 June 23, 1994 Mr. Davis made the motion to approve PS 94-19 subject to engineering comments, a waiver of sidewalks along North Tarrant Parkway only, and that the Council decide if escrow is required along North Tarrant Parkway. The motion was seconded by Mr. Baxter. Mr. LeBaron asked if the Commission could make a recommendation to either waive or impose the requirement of escrow so that the City Council can act on the recommendation and discuss it if necessary. He stated the item could be placed on the consent agenda for the Councilor taken off if necessary. Mr. Davis amended his motion to impose the requirement of escrow for North Tarrant Parkway improvements. The amended motion was seconded by Mr. Baxter. The motion carried 3-2, with Mr. Davis, Mr. Baxter, and Mr. Bowen voting for, and Mr. Lueck and Chairman Brock voting against. Mr. Davis made the motion to amend PS 94-19 to incorporate the same language included in PS 94-20. The motion was seconded by Mr. Bowen. The motion carried 3-2, with Mr. Davis, Mr. Baxter, and Mr. Bowen voting for, and Mr. Lueck and Chairman Brock voting against. Mr. Mitchell asked if the Council has the authority to assess to not to assess based on that recommendation. Chairman Brock stated yes. Mr. Baxter asked staff for an update regarding the future of North Tarrant Parkway and the legality of requiring escrow on this roadway at the next meeting. He stated there will probably be many more plat come up in the future and some policy is needed in these areas. Mr. Bowen stated that if the Commission errors on this requirement, it is an error on the side of caution. 3. PS 94-21 erty is located in the 8200 block of North Tarrant Parkway. Brock asked if the developer has agreed to all engineering comments. re is a requirement for escrow for Shady Grove Road. alks will be built by the builder. Mr. Baxter made the motion to ap ve PS 94-21 subject to engineering comments and escrow of funds for Shady Grove Roa The motion was seconded by Mr. Bowen. The motion carried 5-0. 4. PS 94-22 Request of H.T. Apartments for Amended Plat at 1, Block 2, Tapp Addition. This property is located at 6424 Industrial Park Boulev Chairman Brock stated this plat is a housecleaning issu clear up an encroachment of a parking lot on a lot line. He stated all comments have bee ddressed. Mr. Bowen made the motion to approve PS 94-22. The motion carried 5-0. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections - Council Meeting Date: 7/11/94 SUbject: Request of James R. Harris Company for Final Plat of Agenda Number: Shady Oaks Addition, Phase 4. (Located in the 8200 block of North Tarrant Parkway) PS 94-21 James R. Harris is the developer of a parcel of land located on the north side of North Tarrant Parkway, approximately 1/4 mile west of Castle Creek Drive.. He has submitted a Final Plat of the property which he proposes to develop in phases. This Final Plat is Phase 4. The Preliminary Plat of this property was approved by the Planning and Zoning Commission on February 10, 1994. The Final Plat is consistent with the approved Preliminary Plat. The following are the issues regarding this Final Plat: 1. Sidewalks are required along all public streets as the individual lot develops. 2. A portion ofthis property fronts Shady Grove Road, classified as a C2U on the Master Thoroughfare Plan, which requires an ultimate right-of-way of 60 feet. The developer is dedicating approximately 8 additional feet of right-of-way for the future improvement of Shady Grove Road. The developer is also placing money in escrow for future improvements to a portion of Shady Grove Road. The developer has responded to all engineering comments. The Planning and Zoning Commission considered this Final Plat at its June 23, 1994 meeting and recommended approval subject to engineering comments and escrow of funds for Shady Grove Road. RECOMMENDA nON: 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 Budget Ot~~bm~~,gnatur. ~ ¡e 11.~ CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . 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 94-21 Shady Oaks Associates, L.P., Ft Worth TX James R. Harris Company, Ft Worth TX Carter & Burgess Engineers, Dallas, TX same 6.165 acres 17 R-2 Single Family Residential Single Family Residences The developer will install the necessary water and sewer lines to serve the proposed lots. The developer wilJ install the necessary fire hydrants to provide the required fire protection for this property. This property has frontage on Shady Grove Road, a C2U Minor Collector, requiring an ultimate right-of-way of 60 feet. The developer is required to provide for the future improvement to his property's frontage on Shady Grove Road. None. One new street is proposed. The developer wilJ install the necessary street lights according to Public Works criteria. Access to this property is from Shady Grove Road. Sidewalks are required on all lots as each individual lot develops. None required. Grand View Drive Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, a portion of this property lies within a 100-year flood plain. Several offsite drainage improvements are being made to accommodate this development. A drainage easement may be required between Lots 1 and 17 in Block 3 depending upon the final ditch location and design. This request is consistent with the Comprehensive Land Use Plan that calls for low density single family residential development in this area. None. . . J . . N®R.TH R.ICHLAND HILLS Public Works June 1, 1994 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 94-21; SHADY OAKS FOURTH PHASE; Final Plat & Construction Plans . I have reviewed the subject documents submitted to this office on May 4, 1994 and offer the following comments: 1. A vicinity map needs to be added to the plat. Sufficient street names and landmarks need to be included to determine the general location of the plat. 2. The title block needs to be revised as shown. 3. The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Infonnation System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. The final plat needs to include the NAD83 Texas State Plane Coordinates (in feet) for at least two property comers. The coordinates need to be determined by a survey tied to the City's GPS monuments. 4. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. 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. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 6. Street lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the plans to confirm compliance with current ordinances. In addition, a street lighting plan will need to be added to the construction plans. Any additional street lights which may be required based on current ordinances need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lig~ts will be paid by the developer directly to TU Electric. 7. The Design Manual contains criteria for necessary fire hydrant coverage. Appropriate coverage radii for the applicable fire hydrants will need to be included. This will assist Public Works in determining the need for additional fire hydrants. 8. Shady Grove Road is designated as a C2U on the Master Thoroughfare Plan. This designation requires a 60 foot ultimate right-of-way. Additional right-of-way dedication may be required for this street. However, before it can be determined how much dedication is required the existing right-of-way for Shady Grove Road will need to be tied down. Iron pins will need to be located on both sides of the street. 9. Please be aware that the Environmental Protection Agency requires all construction sites of 5 acres or more to acquire a "construction storm water permit". The City will need a copy of your permit when acquired and/or your "Notice of Intent" (NOI) for our files. 10. Currently, Shady Grove Road is an unimproved street. An escrow may need to be established. 11. A drainage easement may be required on Lots 1 and 17, Block 3, depending on the final ditch location and design. 12. There are comments regarding the engineering and construction plans recorded on a set of bluelines. The review plans have been returned to the engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. Public Works is recommending that this plat and construction plans be revised prior to submitting to the Planning & Zoning Commission. The marked up bluelines need to be returned with the next submittal. JV{J. C:t4 RMC/smm/pwm94065 cc: Greg Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services . , . . . CIC Carter II Burgess Consultants in Engineering, Architecture, Planning and the Environment June 15, 1994 Mr. Mike Curtis City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Reference: PS94-21 Shady Oaks, Fourth Phase Dear Mike: We have received your comments on the above referenced plat and respond as follows: . 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. 7. 8. A vicinity map has been added. The title block has been revised. The GPS coordinates have been added. The easement dedication was added. The current zoning was added. The street light plan is being prepared at this time. The hydrant radii are being added. We have dedicated 1h of the 60 foot right-of-way. North of our line there are indications Oron pins, fences, etc.) of a 26 to 28 foot right-of-way. Additional right-of-way will be taken from the property to the north when it is platted. The NOI will be sent, as requested. If there is an escrow requirement, please let me know immediately. As plans are finalized, the necessary drainage easement will be added. Comments will be addressed as necessary. Please call me if you have any questions. Sincerely, CARTER & BURGESS, INC. eX 'k/~~ Terry vf Mitchell, P.E. Associate Principal . TWM/dmk 93317901.L07 cc: Mr. Clayton Husband Mr. Jim Harris Carter & Burgess. Inc. 7950 Elmbrook Suite 250 Dallas, Texas 75247-4951 (214) 638-0145 Metro (214\ 263-2019 Fox (214) 638-044ì PZ Minutes - Page 3 June 23, 1994 Mr. Davis made the motion to approve PS 94-19 subject to engineer" comments, a We' of sidewalks along North Tarrant Parkway only, and that the Cou decide if escrow is required along North Tarrant Parkway. The motion was secon by Mr. Baxter. Mr. Davis amended his motion to impose th quirement of escrow for North Tarrant Parkway improvements. The amended m on was seconded by Mr. Baxter. The motion carried 3-2, with Mr. Davis, Mr. Baxter d Mr. Bowen voting for, and Mr. Lueck and Chairman Brock voting against. endation to either waive or can act on the recommendation placed on the consent agenda for the Mr. LeBaron asked if the Commission could make a reco impose the requirement of escrow so that the City Cou and discuss it if necessary. He stated the item could Councilor taken off if necessary. Mr. Davis made the motion to a nd PS 94-19 to incorporate the same language included in PS 94-20. The motion was conded by Mr. Bowen. The motion carried 3-2, with Mr. Davis, Mr. Baxter, and Mr. wen voting for, and Mr. Lueck and Chairman Brock voting against. e Council has the authority to assess to not to assess based on that sked staff for an update regarding the future of North Tarrant Parkway and the legality, requiring escrow on this roadway at the next meeting. He stated there will y be many more plat come up in the future and some policy is needed in these < . Bowen stated that if the Commission errors on this requirement, it is an error on the side 3. PS 94-21 Request of James R. Harris Company for Final Plat of Shady Oaks Addition, Phase 4. This property is located in the 8200 block of North Tarrant Parkway. Chairman Brock asked if the developer has agreed to all engineering comments. Mr. Mitchell stated yes. Mr. Bowen stated there is a requirement for escrow for Shady Grove Road. Mr. Mitchell stated the developer is prepared to pay that. Chairman Brock stated the sidewalks will be built by the builder. Mr. Baxter made the motion to approve PS 94-21 subject to engineering comments and escrow of funds for Shady Grove Road. The motion was seconded by Mr. Bowen. The motion carried 5-0. 4. PS 94-22 is is located at 6424 Industrial Park Boulevard. k stated this plat is a housecleaning issue to clear up an encroachment of line. He stated all comments have been addressed. Mr. Bowen made the ·on to approve PS 94-22. The motion was seconded by Mr. Lueck. The motion carried 5-0. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 7/11/94 SUbject: Request ofH.T. Apartments for Amended Plat of Lot I. Block 2, Tapp Addition. (Located at 6424 Industrial Park Boulevard) Agenda Number: PS 94-22 H.T. Apartments is the owner of the Hilltop Apartment complex located at the northeast comer ofIndustrial Park Boulevard and Boulder Drive. A recent survey of the property indicated that a portion of the parking lot on the north side encroached the property line. The apartment complex has purchased the small triangular portion of the adjacent property where the encroachment occurred, and has submitted an Amended Plat to rectify the situation. According to the Texas Local Government Code, an Amending Plat may be approved only for certain purposes. One of the purposes is to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement. The Planning and Zoning Commission considered this Amended Plat at its June 23, 1994 meeting and recommended approval. 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 Budget ~ _ Othe~~ ~ f5~ fj).- £ 11 ~ Departh,ent Head Signature I èity Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . 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 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 Drainage A. Flood Plain B. Improvements C. Easements . Comprehensive Land Use Plan A. Consistency B. Special Issues Subdivision Plat Review Fact Sheet Case Number PS 94-22 H.T. Apartments, Dallas TX same none David Moak Surveyors, Hurst TX 12.260 acres R-7-MF Multi-Family Residential Apartment complex This property fronts Industrial Park Boulevard, a C4U Major Collector, requiring an ultimate right-of-way of 68 feet. None None None Adequate street lighting exists in this area. Access to this property is from Industrial Park Boulevard and Hilltop Drive. None required at this time. None required. None. According to Flood Insurance Rate Maps, this property does not lie within a 100-year or a 500- year flood plain. None required. None required. This request is consistent with the Comprehensive Land Use Plan that calls for high density multi family development in this area. None. N@)R.TH R.ICHLAND HILLS Public Works June 3, 1994 MEMO TO: Planning and Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Public Works Director SUBJECT: PS 94-22; TAPP ADDITION; Block 2, Lot 1R; Replat I have reviewed the subject documents submitted to this office on May 12 and offer the following comments. 1. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication. In addition the surveyor's seal and signature need to be added to the plat. 2. The metes and bounds description appears to be missing a distance in the fourth call This needs to be resolved. 3. The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots and the adjacent lots. 4. A drainage analysis was not submitted with this plat. The Master Drainage Plan does not indicate the need for additional drainage improvements associated with this plat. There appears to be no intention for further development at this time. Based on these circumstances, Public Works will not require drainage calculations at this time. If there is a request for building permits in the future then drainage calculations will be required at that time. 7301 N.E. Loa !> 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 . . . 5. There are several comments regarding the dimensions and distances as compared to the previous plat. These comments are recorded on a black-line copy of the plat. The plat has been returned to the Surveyor for revision. Due to the significance of the comments, Public Works is recommending that this plat be revised prior to consideration by the City Council. The marked-up black-line need to be returned with the next submittal. ~~ .....- ~ Kevin B. Miller, P.E. Assistant Public Works Director KBM/pwm94070 cc: Greg W. Dickens, P.E., Public Works Director Barry LeBaron, Director of Community Development NRH APPLICATION FOR A AN AMENDED PLAT CITY OF NORTH RICHLAND HILLS 7301 NE LOOP B20 NORTH RICHLAND HILLS. TE XAS 76182 817·561·5515 Please print all respcn&8s EXlSTING SUBDIVISION NAME. L-c, \ J ~"Lc '-. ~ Z -r- A?? A'\:>~ )\\o,.:j According to the Texas Local Government Code. an Amending Plat may Þe approved only lor cenÙl purposes. Check the approprate numÞer which applies and the approprate respon_. o o o o o o I. 10 OOIrect an error In a 00UffIe or dIIIt_1Ihown on tile preceding plat. 2. to acid a 00II,.,. or dJlitance tllal was omitted on lhe preceding p4at. 3. to Indicat. monumen/s S8t att8f tile dflath. disablllly, or retirement Irom practice ollhe engineer or sulVeyor ræponslble lor settIng monumenlS. 4. to show the location or charact8f 01 a monumenl thaI has been changed In Iocalion or charact8f or that is shown Incorrectly as to location or character on the preceding p4a1. 5. to correct any other type 01 satvenflr or cI8rlca/ 6fror or omission prØlllously approllØd by the municipal authorily responsible lor approving p4ats. Including lot numÞers. aaeage. street names. and icHHIillcatlon 01 edjM»nt recorded plats. 6. to correct an error In oou,.,.s and distances 01101 Mnes between tIKI adjacentlols it: o both lot owners join In the appIlcallon lor amending the pial. o neither is abolished. o the amendment does not an"""tto remaw røconIf/d cownants or restrictions. o the amendment does not have a mat6f1aJ adverse .nect on tile prop8ffy tights 01 tile otller ownership In tile pial. ~ 7. to relocate a lot line to etlmlnate an Inadvertent encroachment 01 a building or oth6f Improvement on a 101 line or flasement. o 8. to relocate one or more lot Ii". '*- one or more adjacent lots it: o the owners 01 aJltho88 lot. join In the appt/cantlon lor amending the plat. o the amendmenl does not anempt to remove røconIf/d cownant. or restrictions o the amendment does not iI1Ct8II888 tile number dlols. o 9. to make neœssaty changes to tile preceding plat to aflate six or 1_loIs In the subdivision or a pat1 01 the subdivision covered by the preceding plat it: o the changes do nd attect applicable zoning and other f8gulations 01 the municipality. o the changes do not anempt to amend or r8fÐOVf any OOlllHlallts or restrictions. o the arfla oovered by the changes is located In an arfla that the municipal planning convnlssion or other appropriate governing body 01 the municipality has approllØd. an8f. public hflaring. as a resicHHltlaJ Improwment ar... NAME AND ADDRESS OF CURRENT PROPERTY OWNER: ~ T. A? A ~ME:N ~ ~ ) ~ c... AP\So W\:;~....ç".~vE, S -\ 2:...~ 1::>4\....\..4<;'") ""\X ,SZ.~& I HEREBY CEFfTIFY THA T I AM. OR REPRESENT. THE LEGAL OWNER OF THE PROPEFfTY DESCR/BED ABO~ AND DO HEREB Y SUBMIT THIS AMENDED PLA T TO THE PLANNING AND ZONING COMMISSION FOR CONSIDERATION. , ~~ ~~- SIGNITURE OF APPÔ s- \ \ ~A¡ APPUCATION DATE ~"""" t'":) Y.J. N'I'{~.s ( ~NTED NAME OF APPUCANT P \ 2.<-~ Z.:z..., \ T LEPHONE NO. Of APPUCANT NOTE: PLEASE COMPLETE AND SUBMIT THE REPLAT DOCUMENT SUBMITTAL CHECKLIST ON THE REVERSE SIDE OF THIS FORM. P6 4" ~. '2.."2- AMENDED PLAT CD-042 (1'·93\ PZ Minutes - Page 3 June 23, 1994 . Mr. Davis made the motion to approve PS 94-19 subject to engineering com nts, a waiver of sidewalks along North Tarrant Parkway only, and that the Council deci f escrow is required along North Tarrant Parkway. The motion was seconded by Mr. axter. Mr. LeBaron asked if the Commission could make a recommendation either waive or impose the requirement of escrow so that the City Council can act the recommendation and discuss it if necessary. He stated the item could be placed on e consent agenda for the Council or taken off if necessary. scrow for North Tarrant by Mr. Baxter. The motion ting for, and Mr. Lueck and Mr. Davis amended his motion to impose the requirement Parkway improvements. The amended motion was secon carried 3-2, with Mr. Davis, Mr. Baxter, and Mr. Bowen Chairman Brock voting against. Mr. Davis made the motion to amend PS 94-19 to . in PS 94-20. The motion was seconded by Mr. Davis, Mr. Baxter, and Mr. Bowen voting for, against. orporate the same language included en. The motion carried 3-2, with Mr. Mr. Lueck and Chairman Brock voting Mr. Mitchell asked if the Council has the thority to assess to not to assess based on that recommendation. Chairman Brock stated yes. . Mr. Baxter asked staff for an upd regarding the future of North Tarrant Parkway and the legality of requiring escrow on IS roadway at the next meeting. He stated there will me up in the future and some policy is needed in these areas. 3. PS 94-21 Mr. Bowen stated that if t Commission errors on this requirement, it is an error on the side of caution. rris Company for Final Plat of Shady Oaks Addition, Phase 4. This the 8200 block of North Tarrant Parkway. ked if the developer has agreed to all engineering comments. tated there is a requirement for escrow for Shady Grove Road. ell stated the developer is prepared to pay that. an Brock stated the sidewalks will be built by the builder. axter made the motion to approve PS 94-21 subject to engineering comments and row of funds for Shady Grove Road. The motion was seconded by Mr. Bowen. The 4. PS 94-22 Request of H.T. Apartments for Amended Plat of Lot 1, Block 2, Tapp Addition. This property is located at 6424 Industrial Park Boulevard. . Chairman Brock stated this plat is a housecleaning issue to clear up an encroachment of a parking lot on a lot line. He stated all comments have been addressed. Mr. Bowen made the motion to approve PS 94-22. The motion was seconded by Mr. Lueck. The motion carried 5-0. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 7/11/94 Subject: Request of John Barfield for Final Plat of Thornbridge Agenda Number: Addition, Phase IV-A. (Located in the 8300 block of Thornhill Drive) PS 94-23 John Barfield is the owner and developer of a tract of land located at the north end of Thornhill Drive. Mr. Barfield has submitted a Final Plat of the property for the City Council's review. This property will become part of the Thornbridge Addition, located on north Davis Boulevard. The developer has agreed with all engineering comments. However, there are three issues regarding this Final Plat that the Planning and Zoning Commission recommends resolving in the following manner: 1. The Preliminary Plat of Thornbridge Addition was approved by the Commission on September 14, 1989. There are some significant differences in the proposed phasing on the Preliminary Plat and the actual development of the subdivision. The Planning and Zoning Commission recommended that before any future plats of this property are submitted, a new phasing plan must be submitted to staff. 2. This property is split between the R-l and R-3 zoning districts. The zoning district line apparently bisects Lots 4 and 7 in Block 2. According to Section 125 of the Zoning Ordinance, which states the rules for interpretation of zoning district boundaries, the Zoning District Map should be corrected to follow adjacent lot lines. The Planning and Zoning Commission recommended that the Zoning Map be corrected to show the zoning district line to follow the adjacent lot lines. 3. Sidewalks are required on all public streets as each individual lot develops. The Planning and Zoning Commission recommended that the requirement for sidewalks along Davis Boulevard be waived. The Planning and Zoning Commission considered this Final Plat at its June 23, 1994 meeting and recommended approval subject to engineering comments, a waiver of the sidewalks along Davis Boulevard, and a zoning map correction in regards to the two bisected lots. 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 Budget _ Other n--:r- -¡~~JO--- Depart nt Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ^ flAk- Rf(~ , -- City Manager 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 8. Fire Coverage Streets and Thoroughfares A. Thor. Plan 8. 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 94-23 Sandlin-Barfield Joint Venture, Hurst TX Same Owen D. Long & Associates, Hurst TX Loyd Bransom Surveyors, Ft Worth TX 3.17 acres 7 R-I Single Family Residential Single family residences The developer will install the necessary water and sewer lines to serve this property. Adequate. This property has frontage on Davis Boulevard, a P6D roadway. None. Thornhill Drive will be extended to the north approximately 140 feet. A portion of one new street is proposed. Street lights will be installed in accordance with Public Works criteria. Access to this property is from Thornhill Drive. Sidewalks are required on all lots as each individual lot develops. A masonry screening wall is required along those lots that have frontage along Davis Boulevard. The Subdivision Regulations require a masonry screening wall along roads classified as a C4U or larger. Thomway Drive Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, this property does not lie within a 100-year or a 500- year flood plain. None None This request is consistent with the Comprehensive Land Use Plan that calls for low density single family development in this area. None . N@RTH RICH LAND H ILL S Public Works June 10, 1994 MEMO TO: Planning & Zoning Commission FROM: R. Michael Curtis, P.E. Staff Engineer SUBJECT: PS 94-23; THORNBRIDGE ADDITION, PHASE IV-A; Final Plat & Construction Plans . I have reviewed the subject documents submitted to this office on May 18, 1994, and offer the following comments. 1. The preliminary plat (PS 89-19) for this subdivision was approved September 14, 1989. The Subdivision Regulations require final plat action within three years of the date of preliminary plat approval. In addition to the three year time period expiring, there are some significant differences in the actual construction phasing of the subdivision and the phasing approved with the preliminary plat. The City needs written confirmation indicating if the phasing approved with the preliminary plat is going to be followed. If not, indicate the new phasing plan. 2. The title block needs to be revised as shown. 3. The metes and bounds description and the exhibit are not in agreement. The discrepancy occurs in the ninth and tenth call. This needs to be resolved. 4. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. . 5. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks adjacent to Davis Boulevard need to be added to the construction plans for coordination purposes. It is important to have the sidewalks shown so that the utilities will not be constructed to interfere with the future sidewalk. 7301 N.E. Loo~ 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 6. The Design Manual contains criteria for necessary fire hydrant coverage. Appropriate coverage radü for the applicable fire hydrants need to be included. This will assist Public Works in determining the need for additional fire hydrants. 7. The existing 25 foot Continental Pipeline Easement will need to be shown on the final plat. In addition, include the volume and page of the easement. 8. The plat indicates that the zoning line bisects Lots 4 and 7. The Zoning Ordinance requires the zoning line to be at a lot line. 9. There are comments regarding the plat and construction plans. These comments are recorded on a set of blueline construction plans. The plans have been returned to the engineer for revision. The marked-up bluelines need to be returned with the next submittal. l!4;JQ (2.t-: RM /smm/pwm94074 cc: Greg Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services . . ~ . EASEMENT DEDICATION The easements indicated on this plat are for the purpose of constructing, using, and maintaining public utilities including underground conduits, manholes, pipes, valves, posts, above ground cables, wires or combinations thereof, together with the right of engress and egress. Owen D. Long and Associates, Inc. CONSULTING ENGINEERS June 17, 1994 Mr. R. Michael Curtis, P.E. Staff Engineer for Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: Thombridge Addition Phase IV A, PS 94-23 Final Plat and Construction Plans Dear Mike; We have received your letter of comments dated June 10,1994 on the referenced Addition and have the following comments: 1. The preliminary plan originally had Phase I being sewered to the west and the remaining Phases being sewered to the east and then south. We later found that Phase IIA and IV A could be sewered to west with Phase I. We are working on the off site sewer main for the remaining Phase II, Phase III and Phase IV now, that needs to be extended through other owners property including the Oak Leaf Park. These off site owners now appear to be willing to allow the off site sewer construction. The remaining Phases will be revised sightly but will be close to the original plan. 2. The title block will be revised. 3. The metes and bounds description will be revised to fit the plat. 4. The dedication will be revised as requested 5. We will add the sidewalks to the plans including those along Davis Boulevard. 6. The fire hydrant radius will be added to the plans. 7. The approximate location of the existing gas pipeline will be added to the plat with the volume and page of the easement. 8. The zoning line does bisect the proposed lots 4, and 7 with only lot 7 buildable area being affected. The deed restrictions and lot size far exceed 1615 Precinct Line Road - Suite 106 / Hurst. Texas 76054 / Phone (817) 281-8121 ~ . the most restrictive zone of R-2. The owner request that he not be required to go through a zone change request. 9. The other comments recorded on the set of blueline construction plans will be added or revised on the original plans. If there are any additional comments or requirements. please give me a call. Sincerely, ~ (f) Mark Long, P .E. MDL/cfs cc: John W. Barfield lB. Sandlin . . PZ Minutes - Page 4 June 23, 1994 5. PS 94-23 Request of John Barfield for Final Plat of Thornbridge Addition, Phase IV-A. This prope' located in the 8300 block of Thornhill Drive. Mr. Doug Long, 1615 Precinct Line Road, Hurst, came forward to represent the owners. He stated the developers have not abandoned the Preliminary Plat, and the phasing has been slightly adjusted due to an off-site sewer line. He stated they will follow the phasing more closely when that sewer line is completed. Chairman Brock stated they would need to submit a new phasing plat before the Commission will consider additional plats. Mr. Long stated they are considering using some open space to accommodate some of the drainage. He stated they have come up with some other ways to do things. Mr. Davis asked if the new plan will be a new preliminary plat. Mr. Long stated the only difference would be the elimination of several lots, but the basic layout would be the same. He stated these seven lots were all they could get at this time, especially until the offsite sewer line is installed. Chairman Brock stated the zoning district line bisects two lots. Mr. Long stated that line can be adjusted to follow the closest lot line. He stated the deed restrictions require larger house sizes than the city so there is no problem with moving the line. Mr. LeBaron stated it can be handled as a map correction. Chairman Brock asked if they have agreed to all engineering comments. Mr. Long stated yes. Mr. LeBaron asked if the masonry screening wall extends to the north end of the property. Mr. Long stated yes. Mr. Bowen made the motion to approve PS 94-23 subject to engineering comments, a waiver of sidewalks on Davis, and a zoning map correction in regards to the two bisected lots. The motion was seconded by Mr. Lueck. The motion carried 5-0. Mr. Davis asked if staff will require a new preliminary plat when a new phasing plan is submitted. Mr. LeBaron stated based on the discussion by the Commission, he would have to submit an amended preliminary plat showing the new phasing of the development. 6. PS 94-24 is property is ed in the 7700 block of Grapevine Highway. d, 1016 Diamond Boulevard, South lake, came forward to speak. Chairman Brock a question regarding sid if he has agreed to all engineering comments. He stated there '"" s. Mr. Wood stated yes. He state walks are planned along the mall road, but none have been planned on Grapevine Highwa to a drainage ditch and pending construction of the interchange. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 7/11/94 Subject: Public Hearing to consider revisions to the Master Thoroughfare Agenda Number: Plan regarding Wilson Road. PS 94-29 Ordinance No. 1995 Wilson Road is a proposed C4U Collector street on the Master Thoroughfare Plan extending from North Tarrant Parkway to Precinct Line Road. When the Preliminary Plat of the Forest Glen subdivision was approved by the Planning and Zoning Commission earlier this year, the developer's plan included a proposal to change Wilson Road from a C4U Collector to a C2U Collector. Over the years, the location of Wilson Road has changed on the Master Thoroughfare Plan, although no segment of the street has actually been constructed. It has simply been a line on a map. However, with the development of the Forest Glen Addition, a major section of this collector street will be constructed and thereby establish the ultimate alignment of this roadway. Consideration to revise the Master Thoroughfare Plan will provide the opportunity to coordinate the approval of the Forest Glen Final Plat by allowing the Final Plat of the Forest Glen Addition to be considered based upon the proper designation of Wilson Road, The change in the designation of Wilson Road on the Master Thoroughfare Plan from a C4U to a C2U will only affect that portion of the alignment between North Tarrant Parkway and Davis Boulevard. The name of the proposed street will be changed on the Master Thoroughfare Plan from Wilson Road to Forest Glen Drive. The Planning and Zoning Commission considered this item at its June 23, 1994 meeting and recommended approval only for the portion of the proposed road between North Tarrant Parkway and Davis Boulevard. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev,) Operating BUdQ,el","';: Other .." '.. . Il)MlAA, Finance Review Acct. Number Sufficient Funds Available h~".(: "'...- . -........,~~ tIur ,~) 2 ,'! './' " ¡ r ./' ' _ .~,,- ./ "·1 . '," ,'. .1 ,f _,-ø ;' '1 ~ ',~ ,:_,,/ ..,;---'-"''-# . Finance Director Department Head Signature CITY COUNCIL ACTION ITEM City Manager Page 1 of · · · Ordinance No. 1995 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO MAKE REVISIONS REGARDING WILSON ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of the Master Thoroughfare Plan of the City of North Richland Hills, Texas; and WHEREAS, the City Council has conducted a Public Hearing to consider said revisions, and after hearing, determines that such revisions shall be adopted. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Wilson Road, a proposed C4U Major Collector thoroughfare, be re-designated on the Master Thoroughfare Plan to a C2U Minor Collector thoroughfare from its proposed intersection with North Tarrant Parkway to its proposed intersection with Davis Boulevard (FM 1938), as shown in attached Exhibit A. 2. THAT, proposed Wilson Road be hereby renamed Forest Glen Drive from its proposed intersection with North Tarrant Parkway to its termination at Precinct Line Road, as shown in attached Exhibit A. 3. THAT, the Master Thoroughfare Plan shall hereafter reflect these revisions. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. SAVINGS CLAUSE. That the Master Thoroughfare Plan of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.; 6. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 23rd DAY OF JUNE, 1994. íbvØjd~~' ,/ Secretary, Planning and Zoning Commission )t ¡;. - . . ~,.~ .. . ...~~~",.\' ... f'.' . .. ,-po,>;;..,,,,, Chairman, P~ing and~ónfng ~~mmission I'i "."i PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Ith DAY OF mL Y, 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. 1995 Page 2 I 0 ~ ., c. I -. \ ~ D)m .~ I \ ~ >< n ::r tD -. C" z:::. ~» -a. U) U) 01 -.! Ië:lS lUU \ C) .. ~ ~ = ~ - <r 'C ~den Rd. rtN c.. . Preci t Line Rd. C== ." ~ E 'C . PZ Minutes - Page 5 June 23, 1994 Chairman Brock asked if Mr. Wood would rather build the sidewa or escrow money the sidewalks. e. He stated the sidewalk highway. Mr. Wood he has not discussed that with his engineer at this would not be practical due to the drainage channel along t Mr. Lueck asked why the developer would not be resp ible for the construction of this road. auld be bui It before the restaurant. Mr. Husband stated he believes there are three pa s involved with three different phases of the road. Mr. Lueck asked if enough right-of-way is th Mr. Husband stated TxDOT has purchas right-of-way in this are for the reconstruction of the interchange. Mr. Wood stated Knowlton- lish-Flowers has been working on the design of the road for some time. He stated he i eing funded by the May Company to build the road themselves, and the road must be bui efore the restaurant can be constructed. Mr. Wood stated the entrance to the road wi e moved further south. -.. made the motion to approve PS 94-24 subject to engineering comments, the name changed as recommended by staff, and the developer either build sidewalks or escro the funds for them. The motion was seconded by Mr. Lueck. The motion carried 5-0. all road will be dedicated to the public. f the final plat will include plans for that road. ed no. He stated they will have no ownership in the road. He stated several rticipating in the funding of the road. 7. PS 94-25 est of Evergreen Asset Corporation for Preliminary Plat of Evergreen Nursing Center ition. This property is located at 7720 Rufe Snow Drive. ing. 8. PS 94-29 Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Wilson Road. Mr. LeBaron stated the Commission considered a plat recently that incorporated the proposed Wilson Road. He stated during the discussion the Commission considered downgrading Wilson Road from a C4U to a C2U. He stated this item is following up on that recommendation to amend the Master Thoroughfare Plan. J Chairman Brock stated the intent of the Commission at that time was to only change the plan from North Tarrant Parkway to Davis Boulevard. · · · PZ Minutes - Page 6 June 23, 1994 Chairman Brock opened the Public Hearing and called those wishing to speak to come forward at this time. Mr. Doug Long, 1615 Precinct Line Road, Hurst, came forward to speak. He stated they are the developer of the property in question. He stated they control the access through there. Mr. Long stated they have proposed a change in the name to Forest Glen Drive. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. LeBaron stated the cover sheet also recommends the name of the street be changed to Forest Glen Drive, Mr. Lueck made the motion to approve PS 94-29, effective only between North Tarrant Parkway to Davis Boulevard. The motion was seconded by Mr. Davis. The motion carried 5-0. ZONING CASES James Brock, Chairman Planning and Zoning Commission None. STAFF REPORT None. CITIZEN COMMENTS None. ADJOURNMENT er business, the meeting was adjourned. Victor Baxter, Secretary Planning and Zoning Commission I e -j\ CITY OF NORTH RICHLAND HILLS Department: Economic Development Urdlnance Approving I U Electric's t-our Proposed New Tarriffs - Ordinance No. 1922 Council Meeting Date: 6/27/94 Agenda Number: GN 94-73 Subject: 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. . Clnance Review 91 Acct. Number ~ufflclent Funds Available e rt. -~ artment Head Signature I. City Manager CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GO/Rev.) Operating udget Ot - . Finance Director e ORDINANCE: NO. ] gg? 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~~TQ ~TrUTANn ~TTT, r.mmr.n. I 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. 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 .rTTNF , 1994. Mayor ATTEST: Secretary APPROVED AS TO FORM AND LEGALITY: e ATTORNEY FOR THE CITY e -2- e BEFORE THE GOVERNING BODY OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APPLICATION OF TEXAS UTILITIES § 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 OF 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 electricity 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 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 l7(a), 37, and 43 of the PURA . e 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-l, 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 e -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 "major change" 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 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 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: 4IÞ 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 e J. Dan Bohannan Worsham, Forsythe, Sampels & Wooldridge, L.L.P. 2001 Bryan street, suite 3200 Dallas, Texas 75201 (214) 979-3000 -5- 4IÞ 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, TU 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, e 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 e -6- CITY OF NORTH RICHLAND HILLS Department: Police Department Subject: Interlocal AQreement for Precinct Line Road Jurisdiction Resolution #94-30 Council Meeting Date: 7-11-94 Agenda Number: GN 94-75 The North Richland Hills Police Department has been in dialogue with the Colleyville Police Department regarding the jurisdictional problems for public safety (Police, Fire and EMS) that will manifest themselves when Precinct Line Road is widened. There are places on the planned right of way map that show cuts as far as 80 feet into the City of Colleyville. There are other locations on the map that show cuts into the North Richland Hills side of the roadway. Historically, there has been a problem in determining which jurisdiction an offense, traffic violation or traffic accident has occurred since the city boundaries of each jurisdiction vary as one travels northbound on Precinct Line Road from Grapevine Highway. The Police Departments have approached the City Managers of both cities and have received approval to proceed with styling an Interlocal Agreement between the City of North Richland Hills and the City of Colleyville which will give total public safety jurisdiction to the City of North Richland Hills. This roadway is Farm to Market Road 3029 and is, therefore, maintained by the State of Texas. No maintenance will be required by the City of North Richland Hills if we enter into this Agreement. Resolution No. 94-18 was approved recently authorizing the same type of Agreement with the City of Hurst regarding the same difficulties. 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. 94-30. Source of Funds: Bonds (GO/Rev.) . Operating Budget Other Finance Review Acct. Number Sufficient Funds Available ~~/~ ead Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Paqe 1 of RESOLUTION NO. 94-30 . BE IT RESOLVED 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 City of Colleyville as the act and deed of the City. PASSED AND APPROVED this 11 th day of July, 1994 APPROVED: Tommy Brown, Mayor ATTEST: . Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City. . STATE OF TEXAS ) ) ) AGREEMENT COUNTY OF TARRANT · This Agreement, made and entered into by and between the City of Colleyville, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Colleyville," 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 Colleyville desire to enter into an Agreement at the request of North Richland Hills for the provision of all Public Safety services to be provided by a single municipality on the public roadway named Farm to Market Road 3029, hereinafter referred to as Precinct Line Road, and WHEREAS, the Agreement shall only apply to those areas described within this Agreement; and WHEREAS, The Interlocal Cooperation Act, Texas Government Code Chapter 791, 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 and Colleyville have agreed that North Richland Hills shall provide all public safety services on the aforementioned roadway regardless of municipal boundaries between the two cities; and WHEREAS, public safety services are defined as all services, duties or functions performed by police, fire or emergency medical service (ambulance service) departments; and · WHEREAS, No additional revenues are necessary to provide this service at the time of 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. Colleyville Colleyville hereby agrees: I. To empower North Richland Hills to provide police, fire and emergency medical service (ambulance service) on Precinct Line Road in those areas ofthe roadway that are within the Incorporated City Limits of ColIeyville. · 2. To recognize North Richland Hills as the sole provider of such service unless North Richland Hills calls for assistance under other Interlocal Agreements that deal with shared resources in time of defined need. 3. To direct all telephone calls for police, fire or emergency medical service to North Richland Hills to assure timely emergency response to the public. . 4. That the only areas affected by this Agreement are those portions of existing or future roadway on Precinct Line Road that begin at the Southern border of Colleyville where the city of Colleyville meets the Northern border of the city of Hurst, with such roadway traveling Northbound to its current tenninating point or at any future point of tennination. The roadway that North Richland Hills will be responsible to provide public safety service upon shall be any and all portions of the roadway within the extension of the lateral curb lines on the East side of Precinct Line Road. If no curb exists, the authority by North Richland Hills shall extend to the begiIU1ing of the nearest property line adjacent to the East side of the roadway, thereby including improved or unimproved shoulders and any Rights of Way that are public land. 5. That this Agreement has no impact on the maintenance of any roadway, signal lighting, regulation of "curb cuts" or any other area that does not fall directly under the authority of the North Richland Hills Police Department; North Richland Hills Fire Department or persoIU1el summoned by those emergency agencies to act at their direction specifically for the purpose of public safety. 6. That this Agreement must be specifically authorized independently of any other Agreement. Should any other city department of either municipality enter into any future Interlocal Agreements regarding this same location, this Agreement must specifically be repealed if any conflict is found to exist. This Agreement shall serve as the prevailing Agreement regarding police, fire and emergency medical service response. . 7. That all violations of State law or North Richland Hills City Ordinance that can be filed in a municipal court shall be enforced and adjudicated in the North Richland Hills Municipal Court. 8. That all fees and fines collected through enforcement efforts by North Richland Hills be the sole property of North Richland Hills. The responsibility for the collection and other Court related matters shall be that of North Richland Hills. 9. That the selection of any contract wrecker service to be utilized in the perfonnance of public safety duties shall be the responsibility of North Richland Hills. 10. That North Richland Hills shall have the same rights and privileges on Precinct Line Road in the locations described as if the areas described were within the Incorporated City Limits of North Richland Hills. . · · · . . NORTH RICHLAND HILLS North Rich/and Hills hereby agrees: I. To provide full police, fire and emergency medical services to the area defined in this Agreement. 2. To be responsible for the collection of fines and fees for applicable law violations through the North Richland Hills Municipal Court. 3. That this Agreement has no impact on the maintenance of any roadway, signal lighting, regulation of "curb cuts" or any other area that does not fall directly under the authority of the North Richland Hills Police Department; North Richland Hills Fire Department or personnel summoned by those emergency agencies to act at their direction specifically for the purpose of public safety. 4. That the only areas affected by this Agreement are those portions of existing or future roadway on Precinct Line Road that begin at the Southem border of Colleyville where the city of Colleyville meets the Northem border of the city of Hurst, with such roadway traveling Northbound to its current tenninating point or at any future point of tennination. The roadway that North Richland Hills will be responsible to provide public safety service upon shall be any and all portions of the roadway within the extension of the lateral curb lines on the East side of Precinct Line Road. If no curb exists, the authority by North Richland Hills shall extend to the beginning of the nearest property line adjacent to the East side of the roadway, thereby including improved or unimproved shoulders and any Rights of Way that are public land. 5. That this Agreement must be specifically authorized independently. of any other Agreement. Should any other city department of either municipality enter into any future InterIocal Agreements regarding this same location, this Agreement must specifically be repealed if any conflict is found to exist. This Agreement shall serve as the prevailing Agreement regarding police, fire and emergency medical service response. II. Colleyville authorizes North Richland Hills full authority to act as the sole provider of police, fire and emergency medical services within the City Limits of Colleyville on Precinct Line Road as described in this Agreement. III. It is understood by both parties that the intent of this agreement is for provision of a single provider of public safety services to eliminate boundary confusion. It is further understood by both parties that this Agreement shall serve as clarification as to who shall have full authority and responsibility to enforce law and file criminal cases that pertain to the areas of Precinct Line Road described earlier in this Agreement. . . . .. . ,.,' IV. Each City does hereby waive all claims against and agrees to release every other City, its police 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 performance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any City, 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 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 City 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. V. This Agreement shall take effect upon the signing of both municipalities and shall be in full force and effect until terminated by either party. If any party wishes to terminate this Agreement, they shall notify the other party in writing with thirty days notice of termination. Any party may terminate this Agreement independently or both parties may mutually agree to terminate the Agreement. CITY OF NORTH RICHLAND HILLS CITY OF COLLEYVILLE City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police This agreement was executed by North Richland Hills on the _ day of , 1994. (City Council Resolution Number ) This agreement was executed by Colleyville on the _ day of , 1994 (City Council Resolution Number ) ~. ,~.-.), CITY OF NORTH RICHLAND HILLS Department: Police Department eUbject· Interlocal A~reement for Northeast Tarrant County Street . (.;nmes nit, KeSOlutlon ~~4-29 Council Meeting Date: 7-11-94 Agenda Number: GN 94-76 The North Richland Hills Police Department has been in dialogue with the Police Departments of Richland Hills, Haltom City and Watauga regarding the implementation of a specialized investigative unit entitled "The Northeast Tarrant County Street Crimes Unit." Each agency mentioned above feels that the importance of such a unit is of sufficient magnitude to create the unit and dedicate a minimum of one, full time police officer to be used for the investigation and intelligence gathering.. The purpose of a "Street Crimes Unit" is to involve investigators in criminal investigations at the street level and to gather intelligence information that assists law enforcement in making street crime arrests or, in some cases, prevention of crime. The target areas of attention for such a unit are gangs, burglary rings or other organized criminal activities generally involving more than single perpetrators. The proposed Interlocal Agreement outlines how the unit is to be organized and expands the officers' enforcement ability by allowing them extraterritorial jurisdiction into the cities of the parties to the Agreement. . 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. 94-29. Source of Funds: Bonds (GO/Rev.) Operating Budget e Other Finance Review Acct. Number Sufficient Funds Available , Finance Director epartment Head Signature CITY COUNCIL ACTION ITEM !2V~ City Manager Page 1 of . . . RESOLUTION NO. 94-29 BE IT RESOLVED 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 Cities of Richland Hills, Haltom City and Watauga as the act and deed of the City. PASSED AND APPROVED this 11th day of July, 1994 APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City. . NORTHEAST STREET CRIMES UNIT INTERLOCAL AGREEMENT STATE OF TEXAS § § COUN1Y OF TARRANT § WHEREAS, past experience has indicated that a cooperative effort between law enforcement agencies and Tarrant County has been effective in detecting and deterring the activities of targeted criminal groups to the mutual benefit of all participating political entities; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the act; . and WHEREAS, North RicWand Hills, Haltom City, Watauga, and RicWand Hills desire to enter into an agreement at the request of North RicWand Hills for the formation of a street crimes unit; and WHEREAS, the purpose of the Agreement shall be to provide extraterritorial law enforcement jurisdiction to police officers from each of the cities which are parties to this Agreement within the corporate city limits of North RicWand Hills, Haltom City, Watauga and RicWand Hills for the purpose of investigating and enforcing violations of criminal laws; and WHEREAS, it is mutually advantageous to all parties to enter into this Agreement. NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS: . f:\filcs\muni\hc\crimeagriin (~28-94) . This Agreement is made and entered into by and between the City of Haltom City, a municipal corporation located in Tarrant County, Texas (hereinafter called "Haltom City"), the City of Rich1and Hills, a municipal corporation located in Tarrant County, Texas (hereinafter called "Rich1and Hills"), the City of Watauga, a municipal corporation located in Tarrant County, Texas (hereinafter called "Watauga"), and the City of North Rich1and Hills, a municipal corporation located in Tarrant County, Texas (hereinafter called "North Rich1and Hills"), each acting by and through their respective City Managers or Mayors. The parties hereto may be hereinafter referred to as "participating cities" or "participating agencies." SECTION 1. Creation. There is hereby created a "Street Crimes Unit" whose formal name . shall be The Northeast Street Crimes Unit (hereinafter called "Unit"). The activities of the Unit shall be supervised by a four (4) member board. This board will include as voting members the Chief of Police, or his designee, of each city participating in this Agreement. Each board member shall be entitled to a single vote. The board shall have the responsibility for policy, direction and control of the unit. The board will monitor the activities and accomplishments of the Unit to ensure orderly progress towards attainment of all stated objectives. . SECTION 2. Extraterritorial Law Enforcement Jurisdiction. Any law enforcement officer assigned to the Unit by a governmental entity which is a party to this Agreement shall be empowered to enforce all criminal laws and ordinances applicable in the jurisdiction of f:\filcs\muni\hc\crimcagr.fin (06-28-94) . . . participating cities, including the power to make arrests, execute search warrants, and investigate criminal offenses outside the geographical jurisdiction from which he or she is assigned, but within the area covered by the jurisdictions of the municipal entities which are parties to this Agreement. The extraterritorial law enforcement jurisdiction granted herein is limited to officers assigned to or assisting the Unit with investigative or enforcement actions. SECfION 3. General Responsibility of Participatin2 Cities. Each municipality participating in this Agreement shall bear the following responsibilities: a. To create and maintain a database of people suspected of being involved in gangs or other criminal activities and to make the database available to each of the four (4) cities participating in the Unit. b. To make every effort to cooperate with other similar units in the greater Fort Worth area. c. To assign one or more officers to the Unit as that officer's principal duty. d. To provide an organized, well coordinated, flexible unit for the purpose of investigating crimes; providing lawful surveillance of suspects; and enforcing laws in areas involving juvenile crime, gang activity, organized criminal activity or other violations of the law requiring the attention of the Unit. e. Any person arrested by members of the Unit shall be jailed in any of the four (4) police facilities as deemed appropriate by the Unit. Considerations regarding where juveniles are to be detained or adults confined shall be made with consideration of such factors such as proximity of the facility to arrest, safety of the prisoner, or numbers of prisoners that must be confined or detained. SECfION 4. Seized Assets. Any assets seized pursuant to State law, with the exception of f:\filcs\muni\bc\crimc:agr lin (06-28-94) . . . seized motor vehicles, shall be divided among the four (4) participating agencies. The assets and proceeds from assets shall be divided on a pro rata basis, based upon the number of personnel a participating agency has assigned to the Unit. All assets shall be distnòuted to the participating agencies pursuant to State law. Seized motor vehicles shall be distnòuted among the agencies on a rotation basis which will initially be determined by a random number drawing. Once the four (4) position rotation has been established, any seized motor vehicle shall be available to the city that is first on the list and whether the city exercises it's selection and possession of the vehicle or not the city shall then move to the bottom of the selection list. IT the agency receiving the seized vehicle auctions the vehicle at a later date pursuant to State law, the funds obtained through said auction will remain the property of the agency who auctioned the vehicle. SECTION 5. Amendments. This Agreement may not be amended or modified except by the express written approval of all parties to this Agreement. This instrument contains all commitments and agreements of the parties, and no oral or written commitments have any force or effect to alter any term or condition of this Agreement, unless the same are done in proper form and in a manner constituting a bona fide amendment hereto. SECTION 6. Release. Each participating city does hereby waive all claims and agrees to release every other participating city, its police 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 f:\filcs\muni\hc\crimeagr lin (06-28-94) . . . 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 performance of this Agreement, whether such injuries, death or damages are caused by the sole negligence or joint negligence of any city, 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 own negligence, whether that negligence is a sole or concurring cause of the injury, death or damage. Third party claims against members shall be governed by the Texas Tort Qaims Act or other appropriate statutes and laws of the State of Texas and the United States. It is expressly understood and agreed that in the execution of this Agreement, no party 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. SECfION 7. Severance Clause. In case anyone or more of the provision contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforcability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. SECfION 8. Venue. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder shall be governed by the laws of the State f:\files\muni\hc\crimeagr liD (06-28-94) . . . of Texas. SECl10N 9. Effective Date. This Agreement shall be in full force and effect when signed by participating agencies on an individual basis. This Agreement shall remain in full force and effect, on an individual basis, until terminated by any party upon thirty (30) days written notice to the others or until all parties, in writing, mutually agree to change or modify the terms of this Agreement. EXECUTED on this the day of , 1994. ATTEST: City Secretary, North Richland Hills Chief of Police, North Richland Hills ATTEST: City Secretary, Richland Hills Chief of Police, Richland Hills f:\filcs\muni\hc\c:rimcagr.fin (06-28-94) City Manager, North Richland Hills City Manager, Richland Hills . (;ø ç , City Manager, Haltom City ATrEST: \. ~~:ff/JJ"A' !J ).$/J{j~ City S cretary, Haltom City Chief of Police, Haltom City ATrEST: Mayor, Watauga . City Secretary, Watauga Chief of Police, Watauga . f:\files\muni\hc\crimcagr lin (~23-94) . ~ ...,.,."......".~',?'J., CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: 7 -11-94 eUbject: Ordinance adoptinQ curfew hours for Minors, Ordinance #1994 Agenda Number: GN 94-77 The attached Ordinance #1994 establishing a juvenile curfew is proposed in an effort to attempt to gain some control of the juvenile crime with which the entire metroplex is contending. The intent of the Police Department is to utilize this proposed ordinance sparingly and only after other methods of policing have been attempted. This ordinance is designed to protect our youth rather than to punish them. It directly tracks the Dallas ordinance that withstood a constitutional challenge. Similar ordinances have been considered and in most cases have been approved throughout the metroplex. We certainly encourage parents and juveniles to assist us in protecting their best interests by cooperating with such an ordinance. Recommendation: It is recommended that the City Council adopt Ordinance No. 1994. . Finance Review _o_- Source of Funds: Bonds (GO/Rev.) . Operating Budget Other Acct. Number Sufficient Funds Available ¡Ç~-0 Departme t Head Signature ' City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of . . . ORDINANCE NO. 1994 AN ORDINANCE ADOPTING CURFEW HOURS FOR MINORS IN THE CITY OF NORTH RICHLAND HILLS; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER THE MINOR WHEN REQUIRED BY THE TEXAS FAMILY CODE; PROVIDING THAT THE ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT IN EXCESS OF $ ; PROVIDING FOR AN EFFECTIVE DATE. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THIS 11th DAY OF July, 1994. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City . . . ORDINANCE NO. 1994 WHEREAS, the City Council finds that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 17 years in the City of North Richland Hills; and WHEREAS, the City Council finds that many juvenile crimes and gang related violence could be avoided by adopting the curfew hours set forth in this ordinance; and WHEREAS, persons under the age of 17 years are particularly susceptible, by their lack of maturity and experience, to participate in unlawful gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City Council finds that the passage of this Ordinance furthers a compelling state interest in protecting juveniles from crime on the streets; and WHEREAS, a curfew for those under the age of 17 will be in the interest of the public health and general welfare of the city. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. Defining Terms: (1) Curfew Hours mean: (a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the fOllowing day; and (b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Curfew Ordinance - Page 1 (4) Guardian means: 4IÞ (a) a person who, under court order, is the guardian of the person or minor; or (b) a public or private agency with whom a minor has been placed by the court. (5) Kinor means any person under 17 years of age. (6) Officer means a police officer of the City of North Richland Hills. (7) Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (8) Parent means a person who is: (a) a natural parent, adoptive parent, or step-parent of another person; or 4IÞ (b) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. (9) Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (10) Remain means to: (a) linger or stay; or (b) fail to leave premises when requested to do so by an officer or the owner, operator, or other person in control of the premises. (11) Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 2. Offenses (1) A minor commits an offense if he remains in any public 4IÞ Curfew Ordinance - Page 2 . . . place or on the premises of any establishment within the city during curfew hours. (2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 3. Defenses (1) It is a defense to prosecution under Section 2 that the minor was: (a) accompanied by the minor's parent or guardian; (b) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (c) in a motor vehicle involved in interstate travel; (d) engaged in an employment activity, or going to or returning from home from an employment activity, without any detour or stop; (e) involved in an emergency; (f) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (g) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of North Richland Hills, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop an official school, religious, or other recreational activity supervised by adults and sponsored by the City of North Richland Hills, a civic organization, or another similar entity that takes responsibility for the minor; (h) exercising First Amendment rights protected by the United states Constitution, such as the free exercise of religion, freedom of speech, and the right of Curfew Ordinance - Page 3 assembly; or . (i) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under Subsection 2(3) that the owner, operator, or employee of an establishment promptly notified the pOlice department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 4. Enforcement Before taking any enforcement action under this Section, an officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in the Subsection 3 is present. 5. Penalties . (1) A person who violates a prov~s~on of this Section is guilty of a separate offense for each day or part of a day during which the violation is committed continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Subsection 2(1) of this Section shall refer the minor to juvenile court. 6. Cumulative provision This ordinance shall be cumulative of all ordinances of the City of North Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances in which even the conflicting provisions of such ordinances are hereby repealed. 7. Severability It is hereby declared to be the intention of the city Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or . Curfew Ordinance - Page 4 . . . decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 8. Penalty for violation 9. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Bffective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED this 11th day of July, 1994. APPROVED: ATTEST: Tommy Brown, Mayor Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City Curfew Ordinance - Page 5 CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 7/11/94 Subject: Consideration of an amendment to the Electrical Ordinance No. 1781 regarding Electrical License Examinations. Agenda Number: GN 94-78 Ordinance No. 1993 The City of North Richland Hills is one of several municipalities that has utilized the services of the Tarrant County Electrical Examining Board to conduct testing of electricians for electrical licenses. Until recently, this voluntary association has functioned for a number of years as the organization which conducted testing and grading of examinations for the various levels of electrical licenses. However, this process has become an administrative burden on the municipal staff of the City of Fort Worth which has provided the administrative and clerical support since the inception of the Tarrant County Electrical Examining Board. Due to shrinking budgets and increased work loads, the city can no longer provide these services. The Executive Board of the North Central Texas Council of Governments has authorized the engagement of the Southern Building Code Congress International, Inc. to prepare, administer, and grade the electrical examinations. There are no costs to the city for these services since each electrician will pay an examination fee for taking the appropriate examination. This process will not impact any existing relationships with other communities for recognizing electrical licenses issued under prevailing reciprocal agreements. Attached is proposed ordinance number 1993 which modifies the North Richland Hills Electrical Code to allow the City Manager or his designee to execute the appropriate documents to allow the North Central Texas Council of Governments to conduct electrical exams for licenses issued by the City of North Richland Hills. Electrical licenses issued by North Richland Hills which are based on electrical exams taken prior to the adoption of Ordinance 1993 will continue to be recognized in the future. RECOMMENDATION: t is recommended that the City Council approve Ordinance No. 1993. Finance Review Source of Funds: Bonds (GO/Rev.) g¡:;~ting Budget Ð--v- (J, A ~ ~ 'I~~()~ VV~ £!1r:T-~ Depart'fnint Head Signature I City Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director Page 1 of . ORDINANCE NO. 1993 . AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE # 1781, THE ELECTRICAL ORDINANCE, REGARDING ELECTRICAL LICENSE EXAMINATION PROCEDURES; TO DELETE ALL REFERENCE TO THE TARRANT COUNTY ELECTRICAL EXAMINING BOARD; BY PROVIDING THAT THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO CONTRACT WITH AN EXAMINING AGENCY TO PERFORM EXAMINATION SERVICES AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY; BY PROVIDING THAT IN THE ALTERNATIVE, THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO CONTRACT WITH OTHER CITIES IN THE NORTH TEXAS REGION TO RETAIN THE SERVICES OF AN EXAMINING AGENCY TO PERFORM EXAMINA TIONS AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY; BY PROVIDING THAT THE BUILDING OFFICIAL SHALL BE AUTHORIZED TO APPROVE OTHER EXAMINING AGENCIES WHOSE CERTIFICATIONS OF EXAMINATION SHALL BE ACCEPTED BY THE CITY IN LIEU OF THE CERTIFICATE OF EXAMINATION ISSUED BY THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY, SUCH AGENCIES TO BE DESIGNATED AS AL TERNA TE EXAMINING AGENCIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills adopted a new electrical ordinance number 1781 on February 10, 1992, and WHEREAS, the electrical ordinance contained provisions for electrical license examinations, and WHEREAS, the electrical ordinance recognized the Tarrant County Electrical Examining Board as the official examining agency, and WHEREAS, this amendment to the electrical ordinance in cooperation with the North Central Texas Council of Governments Regional Codes Coordinating Committee will help protect the health, safety, and welfare of the citizens of the City of North Richland Hills; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. . THAT, Section 20.3.A ELECTRICAL LICENSE REQUIRED shall be amended to read as follows: . agency which does not maintain examination standards at least equal to those required by this code. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause or phrase 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 remaining sections, paragraphs, sentences, clauses and phrases 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 section, paragraph, sentence, clause or phrase. s. SA VINGS CLAUSE. That Ordinance 1781, The Electrical Ordinance of the City of North Richland Hills, Texas as amended, shall remain in full force and effect, save and except as amended by this ordinance. . 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 11TH DAY OF JULY, 1994 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM LEGALITY: . A TTORNEY FOR THE CITY , , CITY OF NORTH RICHLAND HILLS Department: Finance Counci I Meeting Date: July 11, 1994 Subject: Consideration of Action on all Matters Pertaining to the Award Agenda Number: GN 94-79 and Sale of $3,895,000 in Sales Tax Revenue Bonds for Park and Recreation Purposes - Resolution #94-31 The Park and Recreation Facilities Development Corporation Board of Directors will meet prior to the City Council meeting July 11, 1994 and will receive bids for the sale of $3,895,000 in Sales Tax Revenue Bonds for Parks and Recreational purposes. The Corporation Board will be taking action not only to award the bid for the sale of the bonds, but also to approve the necessary documents to authorize the issuance, approve the paying agent/registrar, and the Financing/Use Agreement. It is necessary for the City Council to ratify the actions of the Park and Recreation Facilities Corporation Board and to pass a resolution approving the Corporation's issuance of such bonds and execution of the Financing/Use Agreement. Mr. David Medanich of First South'NSst Company and our Bond Counsel, Mr. Ed Esquivel of Fulbright and J8'M>rski will be present to discuss these matters and actions necessary to be taken by Council. On June 23 and 24 representatives from City of North Richland Hills met with bond rating agencies, Moody's, and Standard and Poor's, to discuss the projects, economy I and financing plan for the projects. Moody's has notified us that they are retaining their A rating for these bonds. We anticipate that Standard and Poor's will announce their ratings at least by the end of this week. We will FAX Council the Standard and Poor's rating results. We expect to at least maintain our current rating. RECOMMENDATION: It is recommended that the City Council ratify the actions of the Park and Recreation Facilities Corporation Board in conjunction with the sale of Sales Tax Revenue Bonds, Series 1994, approve Resolution 94- 31, and approve the Financing/Use Agreement. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ Other > _ ~~ignature CITY COUNCIL ACTION ITEM Acct. Number ~~ City Manager , FInance Duector Page 1 of . . . RESOLUTION NO. 94-.ll.. A RESOLUTION by the City Council of the City of North Richland Hills, Texas, relating to the "North Richland Hills Park and Recreation Facilities Development Corporation Sales Tax Revenue Bonds, Series 1994"; approving (i) the resolution of the Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance, sale and delivery of such Bonds; and providing an effective date. WHEREAS, North Richland Hills Park and Recreation Facilities Development Corporation (the "Issuer") was created by the City of North Richland Hills, Texas (the "City"), pursuant to the provisions of section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas civil Statutes, as amended (the "Act"); and WHEREAS. the Issuer is empowered, on behalf of the City, to issue bonds for the purpose of providing parks and park facilities, ball parks, open space improvements, and other facilities permitted by Section 4B of the Act; and WHEREAS, the Board of Directors of the Issuer has determined that $3,895,000 in principal amount of Bonds should be sold and issued at this time to finance the costs of park and recreational projects, including (i) Phase II construction of Family Aquatic Park, (ii) construction of a tennis center/multiple athletic complex and appurtenant recreation facilities, (iii) design and construction of hike and bike trails and (iv) general improvements to city, community and neighborhood parks, including the purchase of land (the "Project"); and WHEREAS, the Issuer and the City has each found the Project to be required or suitable for the use for sports, entertainment and public park purposes; and WHEREAS, section 25(f} of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 0182961 . section 1: The Resolution authorizing the issuance of $3,895,000 "North Richland Hills Park and Recreation Facilities Development Corporation Sales Tax Revenue Bonds, Series 1994", to be adopted by the Issuer (the "Issuer Resolution") on July 11, 1994, as presented and submitted to the City Council, is hereby approved in all respects. The Bonds are being issued to finance the construction of the Project, which will be located within the City of North Richland Hills, and the city agrees that upon receipt of the proceeds of sale of the Bonds from the Issuer, the City will construct the Project and thereafter be fully responsible for the upkeep, maintenance and use of the Project. Section 2: The approvals herein given are in accordance with Section 25(f) of the Act and section 6 of Article IV of the Bylaws of the Corporation, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. . section 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. . Section 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of this resolution for all purposes, with respect to the duties, responsibilities and obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance, and the Mayor and the ci ty Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the ci ty Secretary and the other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certif icates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. section 5: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103(a) of the Code (as defined below) and the proceeds of sale of such Bonds are to be deposited with the City following their receipt by the Issuer and the City shall have full control and responsibility with respect to the construction of the 0182961 -2- . . . Project and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Issuer: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effecti ve on or before the Closing Date. "computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1 (c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1{b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148{b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in section 1.148-1{b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (I) any Investment has the meaning set forth in section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or 0182961 -3- . improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Pavments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: . (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. . (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract 01829ð1 -4- . or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Hiaher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federallv Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. . (g) Payment of Rebatable Arbitraae. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the ci ty , provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. . (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the 0182961 -5- . . . interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Issuer for payment to the United states the amount described in paragraph (3) above and the amount described in paragraph (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 14S(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (2), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (lS0) days after discovery of the error), including the amount remitted to the Issuer for payment to the United states of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.14S-3(h) of the Regulations. section 6: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Article 6252-17, Vernon's Texas civil Statutes, as amended. Section 7: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this July 11, 1994. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) 0182961 -6- EXHIBIT A . FINANCING/USE AGREEMENT This Financing/Use Agreement (this "Agreement') is made to be effective as of the 11th day of July, 1994, by and between the City of North Richland Hills, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the North Richland Hills Parks and Recreation Facilities Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Ci v. st., Section 4B of Article 5190.6, (the "Corporation") R E C I TAL S WHEREAS, the Corporation on behalf of the City is to finance park and recreational projects, including (i) Phase II construction of Family Aquatic Park, (ii) construction of a tennis center/multiple athletic complex and appurtenant recreation facilities, (iii) design and construction of hike and bike trails and (iv) general improvements to city, community and neighborhood parks, including the purchase of land (the "Project"); and . WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $3,895,000, and the proceeds of sale are to be used by the City to design and construct the Project; and WHEREAS, the City will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; AGREEMENT . 1. Financinq of proiect: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue and sale a series of obligations to be known as "North Richland Hills Park and Recreation Facilities Development Corporation Sales-Tax Revenue Bonds, Series 1994", hereinafter called the "Bonds", and deposit the proceeds of sale of the Bonds to a construction fund or account to be designated by the City, and the City hereby agrees and covenants that all proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 2. Use of Proiect. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 0182946 . 3. Collection and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund". 4. Recoqnition of Tax Exempt Financinq. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103(a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. . "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1 (b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. . "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specif ic Regulation 0182946 -2- EXHIBIT A · shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. · (c) No Private Use or Private Pavrnents. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (I) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general pUblic) or any property acquired, constructed or improved with such Gross Proceeds in any acti vi ty carried on by any person or entity (including the united States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as - a member of the general public; and · (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application wi thin the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 0182946 -3- Et:_H~BiT 1\ · (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: ( 1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. · (e) Not to Invest at Hiqher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federallv Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitraqe. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart- from all other funds (and receipts, expendi tures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the ci ty , provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. · (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and 0182946 -4- EXHIBlT A . the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the use of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United states the amount described in paragraph (g) (2) above and the amount described in paragraph (g) (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148(f) of the Code and the Regulations and rUlings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (g) (2), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including the amount remitted to the Corporation for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. . 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Aareement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertai~ing to such subject matter. . 7. Counteroarts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 8. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 0182946 -5- EXHI~T ~ · · · 9. ADDlicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United states and the laws of the State of Texas. 10. Ca~tions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION ATTEST: President Secretary (Corporation Seal) CITY OF NORTH RICHLAND HILLS, TEXAS ATTEST: Mayor City Secretary (City Seal) 0182946 -6- EXHIBlT A I CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: July 11, 1994 Subject: Amendment to Contract with Texas Department of TransportationAgenda Number: ON 94-80 for NETS Program The City of North Richland Hills has been contracting for several years with the Texas Department of Transportation as the sponsoring local agency for grant funds for the Northeast Transportation Service (NETS). NETS provides transportation services for disabled and elderly in the northeast Tarrant County area, and this grant with the Texas Department of Transportation provides a significant portion of the operating expenses. The current contract with the State ends August 31, and NETS has requested a contract extension to January 31, 1995, primarily to take advantage of ordering two vans and providing sufficient time to get them billed within the contract period. RECOMMENDATION: It is recommended that the Council authorize the approval of this amendment for the NETS contract extending the time to January 31, 1995. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) _ Sufficient Funds Available. Operating B.udge. t - >W~ Other .._ ~ ~~ ~~~ature City Manager CITY COUNCIL ACTION ITEM Finance Director Page 1 of . RECIPIENT: City of North Richland Hills PROJECT NO.: TX94-0002( 2) STATE CONTRACf NO.: 514XXF6020 AMENDMENT TO CONTRACf NO.1 STATE OF TEXAS § COUNTY OF TRAVIS § THIS AMENDMENT TO CONTRACf made by and between the State of Texas acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of North Richland Hills hereinafter called the "Conttactor". WITNESSETH . WHEREAS, on September 1, 1993, a conttact was entered into by and between the above-mentioned parties, which contract provided for the expenditure of funds pursuant to the provisions of Section 9 of the Federal Transit Act for a public ttansportation project; and WHEREAS, both the State and the Contractor have agreed to extend the contract period in order to expend obligated funds; and NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree to amend the above-mentioned contract as follows: I. Article 1, page 1, sentence 1 is revised to read: "This conttact becomes effective on the final date of execution by the State's Director of Public Transportation and shall tenninate on January 31, 1995 unless otherwise terminated or modified as hereinafter provided. " II. All of the other tenns, conditions and provisions of the original contract shall remain in full force and effect. . ~-~--- . IN TESTIMONY WHEREOF, the parties hereto have caused these presénts to be executed. . . STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the order, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 102550. APPROVED: By: Director of Public Transportation Date: RECOMMENDED FOR EXECUTION: District Engineer, Fort Worth District CITY OF NORm RICHLAND HILLS By: Title: Date: Signat\. RequirE Signa t~ Require! I . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Amundson Road Right-of-Way Dedication and Abandonment - Ordinance No 1 c}c}1 Agenda Number: 7/11/94 Subject: GN 94-81 Right-of-way (ROW) for the future Amundson Road between Newman Drive and Cannon Drive was originally dedicated along the eastern portion of Holiday East Mobile Home Park Addition (known as LaCasita Mobile Home Park) by plat. When Spring Oaks Addition, north of LaCasita Mobile Home Park, was platted in July 1992, the alignment of Amundson Road was shifted east from the LaCasita road alignment. The owner/developer of Spring Oaks agreed to initiate the change in the Amundson Road ROW on the east side of the mobile home park. The owners of LaCasita Mobile Home Park have dedicated the new ROW for the realignment of Amundson Road (see attached). The Public Works Department sees no existing or future use for the ROW to the abandoned. An ordinance vacating and abandoning the existing ROW is attached for Council approval. Recommendation: It is recommended that Council approve the right-of-way dedication from the owners of LaCasita Mobile Home Park for the revised Amundson Road alignment and approve Ordinance No. 1991 vacating and abandoning the existing right-of-way. Finance Review Acct. Number Sufficient Funds Available t:}1~ Ignatu e I City Manager CITY COUNCIL ACTION ITEM Finance Dlrec10r Page 1 of . . . --- --- TR "2 =t ~7~Ç_ _ _ TO . o .'2!1 TR 2.. N.'. , T. , 11.0" ~. .. ~ ~ ~ eARL.g~ J. SLJRV~O V13 I I TR I ,....... . '( £,,~ ,,~t< ,",01..10",",01'4£ 1'4061\..£ @:JP ~;,ht - af- Wa':J Re.caiveJ &2 /I";'¿:;"~~_~ 3 ~~~ '~--'.\ eARL. '<;' 1 ,;, 11' t!:" , , " , , ,.jtJp.lJt:.o' ~' 1t1.,W--";' v13 ,~ 1'40 L/þ'-;r-=-- -O~ 'i~þ.~'5;" ....~'\":.._____ O!\... 4O'd'~ r ," I ~------_t! ~, p " ,:..1 "",I , -, ~08¡R!I-'~c.,;, ~ ----- 1 " --------- TA.7 --~- R.i9ht - of - Way TA.S 40.47 . . . . ORDINANCE NO. 1991 AN ORDINANCE V ACA TING THE DEDICATION OF APART OF THE RIGHT -OF- WAY IN THE HOLIDAY EAST MOBILE HOME PARK ADDITION. WHEREAS, the plat of Holiday East Mobile Home Park Addition, which is recorded in Vol. 388- 67, P. 32 of Plat Records of Tarrant County,Texas, shows and identifies the dedication of the right-of- way for a public street approximately 60 feet in width from the south boundary line to the north boundary line of said addition; and WHEREAS, the thoroughfare plans of the City of North Richland Hills have changed and a portion of such right-of-way is no longer needed and the Council finds that portion described below will not be needed as right-of-way in the future. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. The dedication of that portion of the right-of-way described in Exhibit "A" and "B", attached hereto and made part hereof by reference, be and are hereby vacated in favor of the owner of said addition known as Holiday East Mobile Home Park Addition, to the City of North Richland Hills, Tarrant County, Texas. 2. The above vacation of the above described 0.413 acre tract in favor of the owner of said addition is done in consideration of the execution of a right-of-way deed of 0.457 acre tract from the owner of said addition to the City of North Richland Hills. PASSED AND APPROVED this the 11th day of July, 1994. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City . TRUSTEES. E- SYSTEM. INC. POOL TRUST VOL. 7862. PG. 1578 D.R.T.C.T. 1 n = 100' W ~~I~N J: . ~:ß g~ QO- o UJ· ..J . ~o ~~ f~ z .Iñ J: ua:l o < "") ..J ~ .,..,.,. INC. S'I'SIt..1'I'. £.- RUS~(S' :í 1 POOL ·n~\JS 0 R.1·C.1. pG ,~78 . VOL. 7862. . . ~~ :p Q.~ ~ I..tJ ~ (i J... ~ Q. ð2~' ò' 0 ~ .:¡:~4> @~ ~2 lJ. - 19"50'01· R- 1011.50· L- 350.14' 0.457 AC. PROPOSED R.O.W. ; .¡ :: 0' ~ ,,~~. . 4,c, ~:~ c:,,, <;) . <..: ~c:, ro ' c,. "'~ \Ii "'~~ C'" ~ú· ,,-c, 0 Q:.v ~ (I,(J. "\ '\~ ~Cv LoI ~ S~ V1": -0 ~- S in ~ z s Ø9"45'ocr W 60.00' . ',. EXHIBIT A PROPOSED R.O.W. OF 0.457 ACRES IN THE JOHN BAAL OUCH SURVEY. ASST. NO. 130 JJ::7 CARTER &c BURGESS.It- L..l:=J IIIODlIIRS· PWlNIRS·StJRVr(c _ (1J _ -.: · sum: ZIO · IWLAS, TDIAS 1! . EXHIBIT B FIELD NOTES BEING 0.457 acres land out of the John Barlough Survey, Abstract No. 130, L.C. Walker Survey, Abstract No. 1652, City of North Richland Hills, Tarrant County Texas, and being a part of the plat recorded in Volume 388-67, Page 32, Deed Records, Tarrant County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of the aforesaid plat; THENCE North 00°15 00" West, 500.00 feet to the POINT OF BEGINNING; THENCE South 89°45 00" West, 60.00 feet; THENCE North 00°J.5 00" West, 101.22 feet to the beginning of a curve to the right, having a central angle of 19°51 01", a radius of 1011.50 feet, and a chord which bears North 09°40 01" East, 348.40 feet; THENCE along said curb an arc length of 350.14 feet; THENCE South 00015 00" East, 444.41 feet to the POINT OF BEGINNING and containing 0.457 acres (19,885 square feet) of land, more or less. . 91315001.S10 . . CITY OF NORTH RICHlAND HILLS, TEXAS RIGHT-OF-WAY 1 i ~. i99L STATE OF TEXAS )( KNOW AlL MEN BY THESE PRESENTS: COUNTY OF TARRANT )( That (/we. Logan A. Boggs, Mary Jane Boggs, Dwight M. Kendall, Dona S. Kendall, William G. Steele, Jr.. and Barbara T, Steele, coDcd:ively u seDcr, for and in considcration of the agreed purc:basc price c:i. ODe doDar ($1.00), and upoÐ aD c:i. the tcrms and conditioas hereof, bcrcby grant, scJl and comoey to thc City of North Richland Hills, a municipal corporation of Tarrant County, Tcxas u Buyer, a perpetual right-of-way for thc purpose of constructing, improving, widening. maintaining and using a public street with drainagc facilities as may be required and thc furthcr rights to construct, improve, operatc and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as desaibcd on thc plat attached hcrcto, which plat is madc a part hcrcof, and/or dcscnòcd as foDows: (SEE ATTACHED PlAT AND LEGAL DESCRIPTION) (SEE EXHIBIT A AND B) Thc agreed purchase price includes full accord, satisfaction and compensation for all dcmands of the Seller, subject also to the following spccia1 conditions, if any: This dedication is subject to the approval of thc abandonmcnt of thc 0.413 acrc cxisting right-of-way. To ha\'C and hold thc samc perpctually to the City of North Richland Hills and its s~ and assigns forc\'Cr. . Executed t.his thc '4 ¡H- I ~ day of Fe.tvz... U .4 T?- 'r': A.D., 19~. ,/ P , By. ~ur\lld . IJ.%y : . J..4gan A. Bqt p ¿ "-- ' , ~?{¿{ V~ . .~ 0'.-;. Mary Jane "Boggs 7\~~'VI.I l) .vk 7,/ , . t M. Kendall ,..(¡/.'" .' ',' Ij. ¿u.lLd. U"--' .J .~~LL Barbara T. Stec1c ADDRESS OF GRANTEE: city of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 STATE OF CAUFORNIA )( COUNTY OF 1 Q<, A...V--E LD )( . This instrumcnt was acknowledged beforc me on this ~ day of [:rt../r....cN--/ . AD., 19 'tV . by Logan A. Boggs, a tcnant in common of Holiday East Mobilc Homc Park. ~;:bli~~29~~ Commission Expires: Notary's Printcd Namc: MARTIE BAYHA ~~~/?-1AK...7/~ /)A>-HÆL- Lee..... COUNTY c.-. .... 0IIII. 21. '117 .. . STATE OF CALIFORNIA )( COUNTY OF L .~. f~'U..t::')( This instrument was acknowledged before me on this /. '7"" t/day of ~(:K.\ ;-'.(--/ . A.D., 19 :'C/ , by Mary Sane Boggs, a tenant in common of Holiday East Mobile Home Park.. , .. L> /' ~/;,~c,-< 'Y---/" /' ",¡ Notary Public, State of ~))riUa Notary's Printed Name: Commission Expires: /~- ;:<")- '/ ) '-- STATE OF CALIFORNIA )( COUNTY OF :{D 6-If.Ll>- )( MARTIE SA YHA ~ Comm. #1009345 'IIIfV PUIUC .. CAUFOANIAO. Lea ANCIELE8 COUNTY (j ..... .... Oeo. 25, 1817 .. . . t.._ J'. [. This instrument was acknowledged before me on this L..!L........:. day of /-L t'-Ù d, _, . A.D., 19...::::.L, by Dwight M. Kendall, a tenant in common of Holiday East Mobile Home Park. _ I ) v:/ , -/// ///.. T .. /J::; /" ,.,/ Notary Public, State of California Commission Expires: r...:./ ).:/ / tic¡ t.¡ / ' Notary's Printed Name: /17 ,,-:-;.1.l. j,; ,r ó'1JJ( ~J . STATE OF CALIFORNIA )( COUNTY OFd7 /n/J~;..:r~. )( This instrument was acknowledged before me on this ~ day of L'¿¡;.h /L'<J . AD.. 19~ by Dona S. Kendall, a tenant in common of Holiday East Mobile Home Park.. . ¿f://,¿4:.~ Notary Public, State of California Commission Expires: /ì /"C:; ,..,,,, 'i / .."/ I ¡ ~i I STATE OF CALIFORNIA )( Notary's Printed Name:  i 2ß / '7"I'7A'<: /~ '&71,('rt COUNTY OF l c'" ¡:>",t-r"-ð)( This instrument was acknowledged before me on this Do//¡ day of FE..Jìt!.. \ +ì/'.-¡ . A.D., 19 5JL/ . by Wtlliam G. Steele, Sr.. a tenant in common of Holiday East Mobile Home Pu,k. --;//J.¿v~ ~c. ¿ Notary Public, State of Calir~ Commission Expires: /.;) -.J <:c. // Notary's Printed Name: .-? /'/-'7rY-f:'7/.c .I.-JN ~/ /-/H . MARTIE SA YHA ~ Comm. #1009345 f' MY PUBLIC.. CAUFOANIA;:; LOS ANOEL.ES COUNTY \.' Comm. expilea Dec. 25. 1997 .. . STATE OF CAUFORNIA )( COUNTY OF hc" ¡-JÆ (-/ ,j':; )( This instrument was acknowledged before me on this / __/1-1 day of ~-è ( Jf.: 1-/"1,.< -;: A.D., 19 7l/ . by Barbara T. Steele, a tenant in common of Holiday East Mobile Home P .ark. .'" ' . L. '/ '-/ ':z: \ '-_ /' " ,,1 ., .r. )" , 1", / ' // l.: -- "L-- Notary Public:, Slate of Califo~ Notary's Printed Name: , /77r:7,é 7/{c :ž y) y pp Commission Expires: . . /-}- - ~ 0/ ::;:;: r / MARTIE SA YHA ~ Comm. #1009345 1 ' ARYPUBUC CAUFORN LOB ANGELES COUNTY c-. EII Iiree Dee. 26. 1"7 .. ~ (\:. . Cor,'.." NOTARY rLJ3L . LOS ANGE::.I..~:' ",,:)UNTY \ Comm. EXDlrø~ Clec. 25. 1997 -- · f..- 26·26'35" R.. 499.04' L= 230.32' ~ ,-" INC. SiSir..N'· S t:- RUS'i"C.E. . ci 'i" Ot. \RÙ:> OR \ C.\· pO <:.78· . . ~G. 'CJ N 89"~6'00" E VOL.. 7862. 60.08' 1" = 1 00 t ð... 23"45'1 Ir R- 559.04' La 231.78' 0.413 AC, R.O.W. ABANDONME S OO-1S'Ocr E - 101.22 · HOLIDAY EAST MOBILE HOME PARK VOL. 388-67. PG. 32 1 I 1 1 I I I ~I I ~ I ~ I I ~: ~ ~I ¡¡:: -., b I I IØ ~I 8 Lf ~: ~I 001 ~ ~~ll 1 v' ~ ."-. .. ~""'- v- [.. '\. .....- J <¿-. C, Ç)' '\ <r.: ~c, ro' c,. "ç:. t>< ,,~«; 0" «c;. ..::,'? <¿0 (). '\~ <ÒÌ '\ ~ov · EXHIBIT A R.O.W. ABANDONMENT or 0.413 ACRES IN THE JOHN BARLOUGH SURVEY. ABST. NO. 130 '"'In''' RI('HI ANO Hill S / gf..... / CARTER & BURGESS.INC. .... ENGINEERS" PLANNERS . SURVEYORS 7950 ElM BROOK DRIVE · SUITE 250 · DALlAS, TEXAS 7~47 ,....., .... ..... .._'" ,....,\ 4110'., ""At'" . EXHIBIT B FIELD NOTES BEING 0.413 acres of land out of the John Barlough Survey, Abstract Number 130, City of North Richland Hills, Tarrant County, Texas and being a part of the plat recorded in Volume 388-67, Page 32, Deed Records Tarrant County, Texas and being more particularly described as follow: COMMENCING at the northeast corner of the said plat; THENCE South 89 degrees 56 minutes 00 seconds West, a distance of 110.00 feet to the POINT OF BEGINNING; THENCE along a curve to the left, having a delta angle of 23 degrees 24 minutes 34 seconds, an arc distance of 203.89 feet, a radius of 499.04 feet, and a chord of South 14 degrees 59 minutes 18 seconds East, a distance of 202.48 feet; THENCE along a curve to the right, having a delta angle of 01 degrees 42 minutes 51 seconds, an arc distance of 16.73 feet, a radius of 559.04 feet, and a chord of South 25 degrees 50 minutes 09 seconds East, a distance of 16.72 feet; THENCE along a to the left, having a delta angle of 07 degrees 32 minutes 07 seconds, an arc distance of 133.03 feet, a radius of 1011.50 feet, and a chord of South 3 degrees 31 minutes 03 seconds West, a distance of 132.93 feet; . THENCE South 00 degrees 15 minutes 00 seconds East, a distance of 101. 22 feet; THENCE along a curve to the left, having a delta angle of 26 degrees 26 minutes 35 seconds, an arc distance of 230.32 feet, a radius of 499.04 feet, and a chord of North 13 degrees 28 minutes 17 seconds West, a distance of 228.28 feet; THENCE along a curve to the right, having a delta angle of 23 degrees 45 minutes 18 seconds, an arc distance of 231.78 feet, a radius of 559.04 feet, and a chord of North 14 degrees 48 minutes 56 seconds West, a distance of 230.12 feet; THENCE North 89 degrees 56 minutes 00 seconds East, a distance of 60.08 feet to a point for the PLACE OF BEGINNING and containing 0.413 acres of land within the metes recited, more or less. . CITY OF NORTH RICHLAND HILLS I It Department: Agenda Number: 7/11/94 GN 94-82 Subject: Adm inistration Appointments to Civil Service Commission Council Meeting Date: Places 1,2 and the two Alternate positions on the Civil Service Commission have expired. According to the Charter, Place 2 will be appointed from a list provided by the city employee associations. Mr. Breen I has been recommended by both the Police and Fire Associations. The appointments to the Civil Service Commission are mayoral appointments with confirmation by two-thirds vote of the Council. The following are recommended for appointment: Term Expires: Place 1 Place 2 Alternate Alternate Sally Hackfeld Dennis Breen Bill Fenimore Ed Brock June 1995 June 1995 June 1995 June 1995 Recommendation: It is recommended that City Council take action on the proposed appointments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available _ Operating Budget _ _ Othe' _ ~ I, --'~~ I Department Head S;gnature 1ßanage, CITY COUNCIL ACTION ITEM Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Christmas Decorations for City Hall Council Meeting Date: 7/11/94 Agenda Number: PU 94-53 . Department: Subject: Administration One of the homes in the Diamond Loch Addition has a Christmas display that includes a sled, horses and trees. The Council Committee in charge of decorations for City Hall would like to use this display as a pattern. The committee suggests that we purchase a sled, two horses and eleven trees this year. These are manufactured by the homeowner in Diamond Loch. The total price is $4,150. We need to order these so they will be ready for the holiday season. There are ample funds in this years budget for these decorations. Recommendation: It is recommended that the City Council approve the purchase of additional Christmas Decorations. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number 15-01-04-4800 Sufficient Funds Available ¡efL ~ dtty Manager CITY COUNCIL ACTION ITEM . Finance Director CITY OF NORTH RICHLAND HILLS Department: 4Iubject: Parks & Recreation Department 7-11-94 Council Meeting Date: Professional Services Contract- Tennis Centerl Athletic Fields Agenda Number: PU 94-54 Sirice approval of the Lease, Construction, and Joint-Use Agreements between the City of North Richland Hills and The Birdville Independent School District, at the June 27, 1994 City Council meeting, staff has negotiated the attached Letter of Agreement with Schrickel, Rollins & Associates Inc., for professional design services. The proposed fee, in the amount of $213,300 is approximately 8% of the estimated project construction cost of $2,649,000. Completion of the plans and specifications is a critical prerequisite for maintaining project timelines to accommodate the relocation of the varsity baseball field by next spring. Fundine Source: Account # 09-92-18-6000 Tennis Center/RHS Practice Fields $213,300 e RECOMMENDATION: It is recommended the City Council authorize staff to contract the services of Schrickel, Rollins, & Associates Inc., for the preparation of the design, construction plans, and specifications for the athletic and recreation facilities at Richland High School. A IT ACHMENT: Letter of Agreement Finance Review Source of Funds: Bonds (GO/Rev.) aC?perating Budget wother ~\~-~ Department Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of e e e Agreement for Professional Services between City of North Richland Hill, Texas and Schrickel, Rollins and Associates, Inc. 452i Schrickel, Rollins and Associates, Inc. Mr. Bill Thornton, Assistant Director Parks and Recreation Department City of North Richland Hills 6720 NE Loop 820 North Richland Hills, Texas 76180 Victor \Y Baxter, ¡\SLA ¡'~ent E. 3e)itv, ,-\5L:\ E. 3í~:c!e\', PE Tem T. Cheek,-\SLA Terr\ E. Cullender Dino ). Ferralli, PE Daniel B. Har:man, PE ,'>Iark C. Hatchel. ASLA Sanford P LaHue, Jr., PE Hershel Lind1y, APA ,Albert \.\. Roilins, PE Gene Scr'rlc~e!. FASLA Larv D. S~one, PE LJndsG¡pe Architecture· PIJnning· Engineering July 1, 1994 RE: Professional Services for Tennis Center and Other Outdoor Recreation Facilities to be located at Richland High School Dear Mr. Thornton: Schrickel, Rollins and Associates, Inc. (hereinafter abbreviated as SRA) is pleased to provide this Letter of Agreement to perform Professional Services for the City of North Richland Hills (hereinafter, CTIY) for the Tennis Center and Other Outdoor Recreation Facilities to be located at the Richland High School campus of the Birdville Independent School District. The CTIY and SRA agree as set forth below. o. Scope of Project Services 0.01 Professional Services for the Project will be administered as two components which comprise the whole Professional Services: a. Project Design Component Part A will include the proposed outdoor recreation facilities to be on the site of approximately 33 acres which is located adjacent to the east side of Holiday Lane across thè street and northeast of the main campus. The location and layout of the facilities will generally conform to the Concept Plan previously approved by the CTIY and Birdville I.S.D. b. Project Design Component Part B will include the proposed tennis center and adjacent soccer/football fields which may need relocation and regrading and related surface drainage between the proposed facilities and the outside western edge of the existing running track. The location and layout of the facilities will generally conform to the Concept Plan previously approved by the CTIY and Birdville I.S.D. The tennis center will be located on land between the front of the main school building and the access road of I.H. Loop 820. 4S2i 1 1161 Corporate Drive West. Suite 200 . Arlington. Texas 76006 · (817) 649-32161Metro 640-8212/FAX (817) 649-7645 Schrickel, Rollins and Associates, Inc. e 1. Basic Professional Services by SRA 1.01 SRA shall perform Basic Professional Services for the CITY for the phases of the Project described in this Agreement. Services include providing professional consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and customary architectural and landscape architectural services incidental thereto. 1.02 Schematic Design Phase a. SRA shall review the program furnished by the CITY to determine the requirements of the Project and shall arrive at a mutual understanding of such requirements with the CITY. b. SRA shall advise the CITY as to the necessity of the CITY's providing or obtaining from others data or services of the types described in paragraphs 2 and 4, and assist the CITY in obtaining such data and services. c. SRA shall review with the CITY alternative approaches to design and construction of the Project. d. Based upon the mutually agreed upon program, schedule and project design budget, SRA shall prepare, for approval by the CITY, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of the Project. e e. SRA shall submit to the CITY a preliminary opinion of construction cost for the Project based upon current area, volume, or other unit costs. 1.03 Design Development Phase a. Based upon the approved Schematic Design Documents and any adjustments authorized by the CITY in the program, schedule or project design budget, SRA shall prepare, for approval by the CITY, Design Development Documents consisting of drawings and other documents to fIX and describe the size and character of the Project with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shall include the following: e (1) Plan views in appropriate scale. (2) Sections where appropriate. (3) Elevations where appropriate. (4) Typical details where appropriate. (5) Preliminary storm sewer schematic. (6) Preliminary electrical schematic. 452i 2 Schrickel, Rollins and Associates, Inc. (7) Outline specification in CSI format. b. SRA shall coordinate with appropriate governmental authorities for compliance with applicable codes, ordinances, and laws. c. SRA shall advise the CITY of any adjustments to the preliminary opinion of construction cost. 1.04 Construction Documents Phase a. Based upon the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the project design budget authorized by the CITY, SRA shall prepare, for approval by the CITY, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. Construction Documents Phase deliverables shall include contract documents coordinated into a bidding package: (1) Plan sheets illustrating plans, elevations, sections and details of construction. (2) Technical specifications. (3) Project manual containing specifications and bidding documents such as bid proposal, form of agreement between CITY and Contractor, and conditions of the contract. b. SRA shall advise the CITY of any adjustments to previous preliminary opinions of construction cost indicated by changes in Project requirements or design. c. SRA shall assist the CITY with the CITY's responsibility for filing documents required for the approval of governmental or other authorities having jurisdiction over the Project. d. In the event that the CITY secures a grant through the Texas Parks and Wildlife Department to help finance construction of a portion of the Project, SRA will produce contract documents to meet the TP&WD Plans and Specifications Guidelines. 1.05 Bidding Phase (project Component Part B. only) a. SRA will provide one reproducible copy of the contract documents (plans, specifications and project manual) for the CITY to use in the production and distribution of bidding documents. b. SRA will respond to Bidders' questions, issue addenda if necessary, and attend and contribute to a pre-bid conference if one is conducted by the CITY. 4SZi 3 Schrickel, Rollins and Associates, Inc. e c. SRA will prepare a bid tabulation sheet for use by the CTIY at the bid opening. d. SRA will assist the CTIY in an evaluation of the bids and Bidders. 1.06 Construction Observation Phase (project Component Part B. only) a. SRA will provide normal and ordinary consultation and administrative services during this phase of the project. SRA will attend and contribute to a preconstruction conference if one is conducted by the CTIY. b. SRA will review shop drawings and submittals as may be required of the Contractor. SRA will assist the CTIY in the selections of colors and finish materials appropriate to the work. c. SRA will issue necessary change orders and directives and review/verify payment requests submitted to the CTIY by the Contractor. d. Site obsetvation visits will be provided by SRA at an average frequency of not less than two per calendar month nor more than four per calendar month during periods of construction. A maximum of thirty-five (35) site obsetvation visits will be provided for the project during the duration of construction. Additional visits will be provided upon request of the CTIY and will be compensated for as Additional Setvices. e (1) Site obsetvation visits by SRA will be provided to obsetve the progress of work and to confirm general compliance by the CTIY'S Contractor with the contract documents. In performing such services, SRA will endeavor to guard the CTIY against defects and deficiencies in the work that may be obsetved during the visit(s). However, SRA will not be required to make exhaustive or continuous on-site visits to inspect the details, quality and quantity of the construction work. . e. SRA will provide one "walk through" site obsetvation visit with the CTIY and Contractor to determine if the project is substantially complete; and SRA will provide a preliminary punch list. f. SRA will provide one final obsetvation and one final punch list when the Contractor and CTIY agree that the project is ready for final obsetvation. g. Upon receipt of clean, legibly marked drawings from the Contractor, SRA will produce "Record Drawings" of the constructed facility. The CfIY will receive one reproducible copy. e 4S2i 4 Schrickel, Rollins and Associates, Inc. 1.07 Special Conditions for Project Design Components. There will be two general components of professional services in the Project which shall be separately identifiable for purposes of the CITY's review and cost accounting. a. Part A. Elements of this Project Design Component include space allowances for the following: a high school baseball field, practice fields for softball/baseball and soccer, recreation trails and pedestrian bridges. Parking lots, drives, utility services, lighting, irrigation, turf establishment, landscape development and associated site appurtenances are not included in design services for this Project Design Component. The following conditions pertain to this component of Professional Services and modify paragraph 1, Basic Professional Services by SRA (1) An aerial topographic survey has previously been produced which will be used by SRA as the base map of existing conditions. (2) A boundary survey has not been performed for this site. If boundaries must be determined, Additional Services of field surveying will be required. Unless otherwise directed, construction layout by SRA will be based upon a baseline determined in the field or on the topographic survey map with the CITY's concurrence. (3) SRA will provide a construction layout plan (horizontal control) for this Project Design Component which will consist of providing locations of playing field corners. Space allowances will be left for future recreation trails and bridges to be designed in a project apart from this. (4) Detailed dimensioning of the baseball field will be done by the School District forces which will be responsible for its design and construction. External dimensions of the field will be provided to SRA so that the field can be tied into the horizontal and vertical controls of the site development. (5) SRA will provide the grading plan (vertical control) for the entire site in this Project Design Component. (6) There will be no construction details by SRA for this Project Design Component. Backstops and goals for the practice fields will be a manufactured type ready for installation as selected by the CITY. Details of construction for the baseball field will be done elsewhere by the School District. (7) All construction work for this Project Design Component will be done by CITY or aftiliated School District forces. No specifications or bidding documents or cost estimates will be prepared by SRA 452i 5 Schrickel, Rollins and Associates, Inc. e 5. Compensations 5.01 Compensation for Basic Professional Services for each component part shall be a stipulated sum proportional to the scope of work or the project design budget. The stipulated sum shall be increased proportionally if the scope of work or project design budget is increased. a. The schedule of compensation follows: (1) For the Project Design Component Part A of outdoor recreation facilities on the 33 acre site: budget N/A stipulated sum $24,500 (2) For the Project Design Component Part B of the tennis center: budget stipulated sum $1,925,000 $153,000 b. The project design budget for Part B will be developed from opinions of construction cost provided by SRA during the schematic design and design development phases. Prior to beginning the construction document phase, the CITY will choose a final project design budget to which the design of the Project will be coordinated. The stipulated sum is based on a project design budget range of: $1,825,000 (minimum) to $2,025,000 (maximum). e c. Bidding alternates may be provided for Part B so that the CITY will know the construction costs of other items outside of the base bid, and may have the option to award a construction contract that includes alternates of the CITY'S choice. d. Final payment to SRA for Part B Professional Services shall be based on (1) the stipulated sum related to the project design budget range described above; or (2) if higher, the total of the base and all additive alternate bids of the bidder to whom the contract is awarded by the CITY; or (3) in the event that bids are received by the CITY but no contract is awarded, on the total of the base and all additive alternate bids of the single lowest qualified bidder; or (4) in the event that no bids are taken (or designed alternates are deleted from the bidding documents), on SRA's latest opinion of construction cost for Project improvements that were designed for inclusion in the contract documents. (Note: Items (2), (3) and (4) apply only if the project design budget is increased above the maximum range as a result of the project scope being increased.) e. Progress payments for Project Design Component Part A shall total the following percentages: e 4S2i 9 Schrickel, Rollins and Associates, Inc. Schematic Design Phase - twenty-five percent Design Development Phase - twenty-five percent Construction Documents Phase - forty-five percent Construction Observation Phase - live percent Total (25%) (25% ) ( 45% ) ( 5%) 100% f. Progress payments for Project Design Component Part B shall total the following percentages: Schematic Design Phase - fifteen percent (15%) Design Development Phase - twenty-five percent (25% ) Construction Documents Phase - forty percent (40% ) Bidding Phase - five percent ( 5%) Construction Observation Phase - fifteen percent (15%) Total 100% 5.02 Compensations for Additional Professional Services: (a) For topographic surveying, boundary surveying and production of drawings of existing conditions (see 4.02), an allowance of $6,500 shall be provided for compensation. (b) For securing and coordinating the services of geotechnical engineering (see 4.03), an allowance of $7,500 shall be provided for compensation. (c) For contingent or optional services that may be needed and authorized by the CITY, (for such items as platting, zoning, permitting, extra revisions and other undetermined needs - see 4.04 and 4.05) an allowance of $10,000 shall be provided for compensation. (d) For securing the services of a tennis center specialist (see 4.06), an allowance of $5,000 shall be provided for a maximum of 40 hours of service plus travel, room and board expenses for two meetings with CITY staff. (e) For providing a colored rendering of the Project (see 4.07), an allowance of $4,000 shall be provided for compensation. 5.03 Compensation for other Additional Services that may be authorized shall be a multiple of direct personnel expense. Direct personnel expense shall be calculated using the rates and multiplier shown on Exhibit "A" attached hereto. 5.04 Reimbursable Expenses mean the actual expenses incurred by SRA or their independent professional associates or sub-consultants directly in connection with the Project. Reimbursements by CITY to SRA shall be based on the following: 452i 10 Schrickel, Rollins and Associates, Inc. e a. Certain costs of printing sets of the plans and project manual and related postage and delivery charges will be reimbursable. Clerical service charges will be based on the hourly invoice method. Total expenses for these items are not expected to exceed an allowance of $1,600 for twenty (20) sets of documents. However, expenses and charges for additional sets of documents exceeding twenty in number will also be reimbursable. (1) These expenses will be charged only for construction documents printed as review sets for the CITY and other agencies or authorities. Printing charges will not apply to routine reproductions for use by SRA incidental and normal to in-house design development. b. Fees required for securing approval of authorities having jurisdiction over the CITY and the Project will be reimbursable. (1) This includes fees required by the Texas Department of Licensing and Regulation. Expenses for that agency are not expected to exceed an allowance of $1,200 (for Project Component Part B. only). c. Out-of-county transportation related to the Project and subsistence incidental thereto shall be reimbursable. e d. The expenses of producing photographs, mock-ups or models shall be reimbursable. e. Other reimbursable expenses may become due if the CITY requests or authorizes such payment. However, the CITY will not be separately charged for local transportation, telephone communications, or postage and delivery charges normal to the project; nor for the use of computer-aided design and drafting equipment normal to the project. 5.05 Statements of services performed ànd payments due shall be prepared·by SRA and submitted to the CITY as frequently as once per month. CITY will provide payment within 30 days of the statement date. 5.06 If the scope of the Project or SRA'S services are materially changed, the amount of compensation shall be equitably adjusted. 5.Œ Recapitulation of compensations, allowances and estimated reimbursable expenses. In case of conflict between this paragraph and the preceding paragraphs, the preceding shall govern. a. Basic Services compensations: (1) For professional services provided through the construction observation phase, a stipulated sum of PART A PARTB e $24,500 $153,000 4S2i 11 Schrickel, Rollins and Associates, Inc. b. Additional Services allowances and reimbursables: (1) Compensation allowances for additional services that may be requested or authorized by the City 0 33,000 (2) Allowances for estimated reimbursable expenses 600 2,200 6. Schedule 6.01 For preparation of contract documents. This schedule is exclusive of additional time that may be required for the performance of Additional Services and for the City Staff, Park Board, City Council, State, Federal or other agency review processes and public meetings. From the time services are authorized to begin, contingent upon receipt of required information, the schedule follows: a. For Project Design Component Part A (which shall be completed first and before the CITY authorizes services to begin on Part B): (1) Schematic Design Phase: Complete within 15 calendar days of authorization to proceed. (2) Design Development Phase: Complete within 15 calendar days of approval of Schematic Design Documents and authorization to proceed with Design Development Phase. (3) Construction Documents Phase: Complete within 30 calendar days of approval of Design Development Documents and authorization to proceed with Construction Documents Phase. b. For Project Design Component Part B: (1) Schematic Design Phase: Complete within 30 calendar days of authorization to proceed. (2) Design Development Phase: Complete within 45 calendar days of approval of Schematic Design Documents and authorization to proceed with Design Development Phase. (3) Construction Documents Phase: Complete within 75 calendar days of approval of Design Development Documents and authorization to proceed with Construction Documents Phase. 4S2i 12 Schrickel, Rollins and Associates, Inc. e 6.02 Should the design phase services to be performed under this Contract not be completed within twelve (12) calendar months, through no fault of SRA, the terms of Compensation of this Contract shall be renegotiated for that portion of services yet to be performed. 7. Termination or Modification of Agreement This agreement may be terminated by either party or the scope of work may be modified by the CITY at any time without penalty or liability except as may otherwise be specified herein, provided SRA will be compensated for the services rendered and reimbursable expenses due, prior to such termination or modification. 8. Indemnity SRA agrees to defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by any negligent act, error or omission of SRA, or any agent, servant, or employee of SRA in the execution or performance of this Contract, without regard to whether such persons are under the direction of mY agents or employees. e 9. Insurance SRA will maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for the mY under this Agreement. SRA also agrees to maintain public liability insurance covering claims against SRA for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this agreement. 10. Special Provisions 10.01 The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act. Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107; Austin, Texas 78758- 7589; (512) 458-4126. 10.02 For mutual benefit of SRA and the mY, SRA shall not knowingly take any action called for by the Agreement for Professional Services or arising from the course of the Project which shall cause loss of SRA'S professional liability insurance coverage for this Project or any aspect of it. e 452i 13 Schrickel, Rollins and Associates, Inc. 10.03 This Contract and Agreement is for the exclusive benefits of the CITY and SRA. This Contract does not exist for the benefit of any third party, nor does it create a contractual relationship with any third party or parties, including, but not limited to, Contractors, their subcontractors, and their sureties. 11. Agreement This agreement is entered into this day of between the CITY and SRA This agreement is executed in three counterparts. ,1994 CITY signature Rodger N. Line printed name City Manager Vice President title title City of North Richland Hills, Texas SchrickeI, Rollins and Associates, Inc. 4S2i 14 Schrickel, Rollins and Associates, Inc. e EMPLOYEE HOURLY SALARY SCHEDULE - 1994 EMPLOYEE CLASSIFICATION HOURLY COST Principal $51.03 Senior Associate $41.51 Senior Landscape Architect $36.15 Landscape Architect III $31. 72 Landscape Architect II $25.43 Landscape Architect I $16.00 Senior Engineer $38.05 Engineer III $34.25 Engineer II $29.23 Engineer I $18.06 Senior Planner $38.40 Planner $24.00 Architect $27.61 Designer $27.13 e Systems (Computer) Analyst $18.06 Survey Coordinator/Mapper $22.69 Senior Engineering Technician $22.69 Engineering Technician $20.06 Planning Technician $17.39 Senior DraftsmanlProduction Coordinator $28.71 Draftsman ill $21.10 Draftsman II $15.91 Draftsman I $12.63 Secretaryrvvord Processor $12.63 Clerk $9.51 Computer Graphics (machine time) $8.00 Compensations based on Hourly Charge Rate Method: Applicable employee hourly salary costs are totaled and multiplied by a factor of 2.50 to obtain the amount invoiced. * * * * * e FIELD PARTY CHARGES HOURLY INVOICE RATE 4 Man Survey Party 3 Man Survey Party 2 Man Survey Party $95.00 $85.00 $70.00 CITY OF NORTH RICHLAND HILLS D rt t Parks and Recreation Department epa men: ... . Authonzation to SOlICIt bIds tor Heclford-buless Road ~ubject: Streetscape Masonry Screening Wall 07-11-94 Council Meeting Date: Agenda Number: PU 94-55 City Council approved a revised budget for the Bedford-Euless Road Streetscape project at the May 23, 1994 meeting (GN 94-60). The revised budget, as approved, included $89,250 for the masonry screening wall. Council is requested to authorize staff to research and solicit bids for the masonry screening wall at this time. Upon approval of a bid for the masonry screening wall, staff will initiate installation of the wall immediately. Design for the irrigation system, site preparation, turf establishment, hike and bike trail, and tree plantings should be ready upon completion of the masonry wall installation. Funding Source: 09-92-20-6000 Bedford-Euless Road Landscaping $ 89,250 RECOl\1MENDA TION: - It is requested that City Council authorize staff to solicit bids for the Bedford-Euless Road masonry screening wall. Attachment Finance Review Source of Funds: Bonds (GO/Rev.) .. Operating Budget _ . Other _ ~k'~~ " epartment Head Signature CITY COUNCIL ACTION ITEM Acct. Number Suffici nt Funds Available ~ ,- .. . Finance Director City Manager Page 1 of VOV^3N 1 ... -~'I. .~n . 'II .·S ¡ . ~. \ ~II ·~I! , I ~f ! :.~ j .~ I :Ii '~ I ." I :~U I I· I'· ': " , i.. ,: I;, j'" !", : ~ I ~ .'1 I ., ' í ... : , 0 I ë§1iI I ~~ \ f3~ I , j~ I w/iI 00 ~ a: ð' I I ¡(If , ßlí l' , .10 I. . .. .,! ~. I , I i 31dVVI t ,. :' :~ ¡ " . ," ..I'.': /..1.: '. .(. I 11... ~ CITY OF NORTH RICHLAND HILLS I . Department: Finance / Public Works Council Meeting Date: 7/11/94 Subject: Award Bid for Equipment Lease Agenda Number: PU 94-56 Formal bids were solicited for the lease of one loader and one excavator for the Calloway Branch 21" Parallel Sewer Project. This equipment will be leased for approximately three months so the bidders were requested to submit bids on the monthly lease amount for each piece of equipment. The results are outlined below. Loader Excavator F ox Rental $2,700 Case 621-B $4,200 Case 9030 Mega Equipment $2,950 $6,000 John Deere 624E John Deere 892-D-LC The equipment bid by Fox Rental did not meet the minimum specifications and is not the heavy duty equipment needed to complete this project. Recommendation: It is recommended City Council award the bid for the lease of one loader and one excavator to be used on the Calloway Branch 21" Parallel Sewer Project, to Mega Equipment for the monthly lease amounts as listed above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget X- Ot r 02-08-01-4750 Fin.".,. DlreC10r ead Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Parks and Recreation Council Meeting Date: 7/11/94 Subject: Award Bid for ADA Restroom Renovations at the Recreation Agenda Number: Center and Northfield Park PU 94-57 To comply with the Americans with Disabilities Act renovations are needed at the Recreation Center and Northfield Park restrooms. Formal bids were solicited for these renovations and the results are listed below. Pete Durant and Associates $43,730 Team Design $46,500 Penntex Construction $48,420 Tom Stephens Inc., ofFt. Worth $50,600 Funding Source: 09-92-07-6000 $24,490 09-92-09-6000 $19,240 Recommendation: It is recommended City Council award the bid for the ADA Restroom Renovations at the Recreation Center and Northfield Park to Pete Durant and Associates in the amount of $43,730. Finance Review Source of Funds: Acct. Number See Above Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ ~~. _ \ Other - t\ .~ 1J~k^ ~~_. -e~~ CAl&- .' l {~ r è"Y~s,gnature' . Ity ·M:nager CITY COUNCIL ACTION ITEM Finance Dir.ctor Page 1 of r CITY OF NORTH RICHLAND HILLS Department: Finance / Parks and Recreation Council Meeting Date: 7/11/94 Subject: Award Bid for the Recre::ltion Center Weieht Rnnm Rennv::ltinnsAgenda Number: PU 94-58 At the recommendation of City Council formal bids were solicited for the expansion of the weight room at the Recreation Center. The results are listed below. Pete Durant and Associates $ 8,714 The Gann Company $ 8,739 Team Design $10,110 Penntex Construction $10,278 Tom Stephens, Inc. of Fort Worth $20,000 Recommendation: It is recommended City Council award the bid for the Recreation Center Weight Room Renovations to Pete Durant and Associates in the amount of$8,714. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other - M- ~~~AA hA- ' Department ~Q~ature CITY COUNCIL ACTION ITEM Acct. Number 09-92-09-6000 Suffici nt Funds Available Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Contract for Laboratory Services with the Trinity River Authority Council Meeting Date: 7/11/94 Subject: Agenda Number: PW 94-23 This is a standard contract that we sign each year with the Trinity River Authority for the purpose of laboratory testing of sewer samples, water samples, etc. This contract is to be effective from October 1, 1994 through September 30, 1995. The proposed fees have increased overall approximately 1 % to 2 % on the average. The rates are still very reasonable. The funding source for this testing has been included in the Utility Operating Budget for 1994/95. Recommenchtion: The staff recommends the Council approve this contract with the Trinity River Authority for laboratory testing services for fiscal year 1994/95. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ h r Acct. Number 02-11-02-4927 Sufficient Funds Available re ~~~ CITY COUNCIL ACTION ITEM Finance Director Page 1 of · CONTRACT FOR SERVICES 1. CONTRACTING PARTIES North Richland The Receiving Agency: City of Hills , whose authorized address is 7301 N.E. LOOD 820. P.O. Box 820609. North Richland Hills. Texas 76182-0609 The Performing Agency: Trinity River Authority of Texas, whose authorized address is 5300 South Collins, P. O. Box 240, Arlington, Texas 76010, Attention: Danny F. Vance, General Manager (or his designated representative). II. STATEMENT OF SERVICES TO BE PERFORMED In order to discharge the responsibilities associated with the enforcement of Federal, State, and City regulations, the Receiving Agency requires services of a laboratory Qualified to perform water and wastewater analysis, and of personnel to conduct industrial inspection and/or sampling services, such services detailed in Section A, Subsection(s) 1,2,& 3 , below. A. PERFORMANCE OF SERVICES · 1. Industrial Inspection Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial inspection services within the parameters listed on the attached schedule sheet. The Performing Agency (Trinity River Authority of Texas) shall perform all Industrial Pretreatment Inspections, review permit applications and prepare for submittal Permits to Discharge Industrial Wastes to the Sanitary Sewer in accordance with procedures established by the Trinity River Authority of Texas in accordance with 40 CFR Part 403.8. Industrial Pretreatment Inspections, Application reviews and Permit preparations and submittals shall be in compliance with the Receiving Agency's Industrial Waste Ordinances, Sewer Ordinances Numbers 1773 & 381 , and EPA General Pretreatment Regulations for Existing and New Sources. Records of Inspections, Applications and Permits shall be maintained as required by EPA General Pretreatment Regulations, 40 CFR Part 403.12. 2. Industrial Sampling Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform industrial sampling services within the parameters listed on the attached schedule sheet and in accordance with the Receiving Agency's Industrial Waste Ordinances and Sewer Ordinances Numbers 1773 & 381 · The Performing Agency (Trinity River Authority of Texas) shall perform all sample collections, sample preservation, and maintenance of chain-of-custody records in accordance to the approved procedures set forth in Test Methods for Evaluating Solid Waste, EPA Manual SW-846, Methods for Chemical Analysis of Water and Wastes, EPA Manual EPA-600/4-79-020, and the Handbook for Sampling and Sample Preservation of Water and Wastewater, EPA Manual EPA-600/4-82-029. The samples shall be properly collected, preserved and delivered by the Performing Agency to the Performing Agency's laboratory located at 6500 West Singleton Blvd., Grand Prairie, Texas. When feasible flow or time composited sampling will be conducted. When composited sampling is not feasible, grab sampling will be appropriate. . 3. Analytical Services In keeping with the foregoing, the Receiving Agency employs the Performing Agency and the Performing Agency agrees to perform analytical services within the parameters listed on the attached schedule sheet. . The Receiving Agency estimates an average of 85 samples per month will be collected and delivered to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal Water Pollution Control Administration publication and Methods for Chemical Analysis for Water and Wastes, EPA manual, as well as the latest edition of Standard Methõds for the Examination of Water and Wastewater. A chain- of-custody procedure shall be maintained in the field and the laboratory in accordance with procedures to be established by the Receiving Agency. The Receiving Agency will furnish chain- of-custody tags. The Performing Agency (Trinity River Authority of Texas) will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of Methods for Chemical Analysis of Water and Wastes, EPA manual. Samples will be analyzed by these methods on the production basis. to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the Performing Agency's quality assurance program and copies will be available to the Receiving Agency upon request. Unusual interferences and problems will be reported to the Receiving Agency at its authorized address noted above. Research into specific techniques to overcome these difficulties will be undertaken when practical, and by mutual agreement. The sample information sheet submitted with each sample will designate the particulõr analysis or analyses to be made of each sample submitted. The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling; analytical and reporting procedures; and to remedy effects in the procedures should such be discovered. The various laboratory personnel shall be directed upon receipt of written notice from the Receiving Agency 72 hours in advance, to appear and testify in enforcement actions. In such event, travel and per diem expenses for such employees shall be paid by the Receiving Agency. Travel and per diem for court appearances hereunder shall be based on current State laws. . Receiving Agency may deliver to Performing Agency samples for analysis separate and apart from those samples collected by the Performing Agency. When the Receiving Agency delivers samples to the Performing Agency for analysis, the Receiving Agency shall indicate the nature and extent of the analyses it desires to be conducted. Performing Agency shall not be responsible for the manner of collection or chain-of-custody tags or sheets which are matters entirely outside Performing Agency's control. Performing Agency shall receive, log and perform such analyses of samples in accordance with that part of the chain-of-custody procedures identified as Transfer of Custody and Shipment attached hereto. Samples analyzed to maintain the normal quality assurance program which the Performing Agency presently maintains in its laboratory will be charged to the Receiving Agency at the same rate as submitted samples. · · · B. TERMINATION Either party to this Contract may terminate the Contract by giving the other party thirty (30) days notice in writing at their authorized address as noted previously. Upon delivery of such notice by either party to the other and before expiration of the thirty (30) day period, the Performing Agency will proceed promptly to cancel all existing orders, contracts, and obligations which are chargeable to this Contract. As soon as practicable after notice of termination is given, the Performing Agency will submit a voucher for work performed under this Contract through its termination. The Receiving Agency will pay the Performing Agency for the work performed less all prior payments. Copies of all completed or partially completed reports. documents, and studies prepared under this Contract will be delivered by the Performing Agency to the Receiving Agency when and if this Contract is terminated prior to the completion of the prescribed work. C. AMENDING THE CONTRACT The parties hereto without invalidating this Contract may alter or amend this Contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. III. BASIS FOR CALCULATING REIMBURSABLE COSTS The financial basis for calculating reimbursable costs shall be as stated in Attachment A. The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor, or both, if requested. The Trinity River Authority of Texas shall be responsible for maintaining books of account that clearly, accurately and currently reflect financial transactions. The financial records must include all documents supporting entries on the account records which substantiate costs. The Trinity River Authority of Texas must keep the records readily available for examination for a period of three (3) years after the close of the last expenditure. Reimbursement for the inspection, sampling, and/or analytical costs, and cost for any travel and per diem expenses shall not exceed Fifteen Thousand dollars ($ 15.000.00 ) for the period of this Contract. IV. CONTRACT AMOUNT The total amount of this Contract shall not exceed Fifteen Thousand dollars {$15.000.0ø nor be less than One Hundred dollars ($100.00 ). V. PAYMENT FOR SERVICES The Performing Agency shall bill the Receiving Agency monthly for services performed. Charges for these services shall be based on the attached cost schedules. The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty (30) days of their receipt. VI. TERM OF CONTRACT This Contract is to begin October September 30, 199~. 1-, 19~4and shall terminate 4IIIÞ VII. INTERLOCAL AGREEMENT Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this state, and inasmuch as the testing of water and wastewater are critical to the maintenance of public health and such testing is there- fore, a governmental function and service, this contract shall be deemed authorized by the Interlocal Cooperation Act, art. 4413(32c), Tex. Rev. Civ. Stat. Receiving Agency: Performing Agency: CITY OF North Richland Hills TRINITY RIVER AUTHORITY OF TEXAS BY: GENERAL MANAGER DATE: ATTEST: BY: TITLE: DATE: ATTEST: (SEAL) (SEAL) 4IIIÞ 4IIIÞ · · · CHAIN-OF-CUSTODY PROCEDURES Sample Collection 1. To the maximum extent achievable, as few people as possible should handle a sample. 2. Stream and effluent samples should be obtained using standard field sampling techniques and preservation procedures. 3. Chain-of-Custody tags or sheets should be attached to each sample at the time it is collected. The tag or sheet contains basically laboratory (requested parameters) information; however, certain identifying items including City, City Code, Type Sample, Material Sampled, and Method of Preservation must be completed by the field personnel collecting the sample. In completing the Chain-of-Custody tag or sheet, care should be utilized to insure that all necessary information is correctly and legibly entered onto the form. A black ballpoint with water proof ink should be used at all times. Transfer of Custody and Shipment 1. All samples should be handled by the minimum possible number of persons. 2. All incoming samples shall be received by the custodian, or his alternate, and logged into a record book (log book). Information to be entered into the Log Book shall include the sample number, date received, source, time(s) sampled, date(s) sampled, and analyses requested. 3. Promptly after logging, the custodian will distribute the sample to an analyst or place the sample in the sample room, which will be locked at all times except when samples are removed or replaced by analysts. 4. The custodian shall ensure that heat-sensitive samples, or other sample materials having unusual physical characteristics, or requiring special handling, are properly stored and maintained. 5. Samples shall be kept in the sample storage security area at all times when not actually being used by analysts, such as during overnight absences. 6. The analysis sheet will be signed and dated by the person performing the tests and retained as a permanent record in the laboratory. 7. Test results shall be sent by the laboratory to the appropriate Receiving Agency control point. · · · ATTACHMENT A Trinrty River Authority of Texas Central Regional Wastewater System TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ABALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1994 December 1, 1993 through November 30, 1994 P.O. Box 531196 Grand Prairie. Texas 75053 Metro (214) 263-2251 Fax: (214) 264-1382 Fax: (214) 262-0619 1m . . . CHEftICAl ANALYSES WATER ALKalinity, Total ALKalinity, Pheolphthalein Bicarbonate Carbonate Biochemical Oxygen Demand (BODS) Biochemical Oxygen Deaand (C-BOD5) Biochemical Oxygen Demand (C-BOD20) Biochemical Oxygen Demand (BOD20) Biochemical Oxygen Demand (BOD-7) Chemical Oxygen Demand Chloride Chromium Hexavalent Conductance, Specific Conductance, Diluted Cyanide Cyanide (Amendable to Chlorination) Fluoride, Dissolved Fluoride, Total Hardness 19nitabi l ity (PensKy-"artens Closed Cup) Nitrogen: AlIIIIIOf'Iia Kjeldahl, Total Nitrate Nitrite Organic Oil and Grease ICP/M METAL ANALYSES 59.DO EACH Antimony Barium Beryllium CadmiulI Chromium Cobalt Copper Thall ium Tin Uranium Vanadium Zinc Iron Lead "anganese I10lybdenulI NicKel Silver Tellurium $1. DO EACH Aluminum Boron Calcium "agnesiulI Potassium Silica Sodi um $14.DO EACH Arsenic SeleniulI Lead - Low Level Copper - Low Level Cadmium - Low Level Chromium Hexavalent - Low Level Thallium - Low Level $12.10 EACH Mercury S 5.25 S 5.25 S 5.25 S 5.25 S 110.00 $ 110.50 S 110.85 S 110.85 S 110.65 $ 8.00 S 5.25 S 11.00 S 10.00 S 7.00 S 28.50 S 33.00 S 9.50 S 9.00 $ 7.00 S 32.00 S 6.20 S 15.00 S 6.20 S 6.20 S 32.00 S 27.25 pH pH Sediment Phenols: High Level Low Level Phosphorus: Ortho Total Sol ids: Total (TS) Total Dissolved(TDS) Total Suspended(TSS) Volatile Suspended (VSS) After TSS Sulfate Sulfide Surfactants - "BAS Total Petroleum Hydrocarbons Total Organic Carbon Turbidity SEDIMENT Chemical Oxygen Demand Cyanide Nitrogen, Kjeldahl, Total Oil and Grease Phosphorus, Total Solids, Total Volatile Total Petroleum Hydrocarbons PRIORITY POlLUTMT METALS $ 130.10 TOTAL Antimony Arsenic Bery II i UII Cadmium Chromium Copper Lead "ercury NicKel Selenium Silver Thall ium Zinc SAlU'LE PREPARATION Sediment and Oils EP Toxicity Leachate TCLP Toxicity Leachate TYC Leachate S 15.00 S 67.00 S 80.00 S 36.00 S 3.50 S 6.00 S 33.00 S 53.00 S 6.20 S 9.50 S 5.00 S 8.75 S 7.70 S 10.15 S 13.00 S 5.25 S 28.35 S t.8.00 S 11.75 S 3.50 S 23.75 S 31.50 S 18.00 S 24.75 S 11.50 S 9.00 S 102.00 GAS CHROMTOGRAPHY ANALYSES .RIORITY POLLUTANTS (GC/"S) Volatiles Quoted Upon Base Neutrals Request- Acid Extractables Pesticides/PCB's PESTICIDES/PCB'S ORGANIC DETERPlINATION (GC) Hydrocarbon/Solvents General Hydrocarbon/Solvent $105.00 Scan (VOA) (One column)¡ *Five or less components¡ including quantification General Hydrocarbon\Solvent $160.00 Scan (VOA) (Two column)¡ *Five or less components¡ including quantification Volatile Organic Constituents $ 59.00 (EPA regulated - method 601/602) *ADD fifteen dollars ($15) for each extra component scanned and quantified Chlorinated Hydrocarbons, $100.00 Organophosphate Pesticides, and Polychlorinated Biphenyls (Sample preparation, extraction, and cLean-up per sampLe) ADD for ChLorinated Hydrocarbon $ 47.00 (Confirmation and quantification per sample) ADD for Organosphosphate Pesticide $ 50.00 (Confirmation and quantification per sampLe) ADD for PoLychLorinated BiphenyLs $ 50.00 (PCB) - Water (Confirmation and quantification per sampLe) ADD for PCB - Oil (Confirmation and $ 35.00 quantification per sample) TRIHALOfIETHAHES Trihalomethanes $ 40.00 HERBICIDES SAMPLE PREPARATION Chlorinated Phenoxy Acid Herbicides (Confirmed and quantified) $115.00 ADD for Special Treatment/Per $ 18.50 SampLe (Sedi.ent, Oil) ADD for SpeciaL Treatment/Per SampLe $ 67.00 (EP Toxicity Leachate) ADD for SpeciaL Treatment/Per SampLe $ 80.00 (TCLP Toxicity Leachate) . SPECIAL ANALYSES . TCLP/EP TOXICITY PRIORITY POlLUTANTS Leachate Extraction Procedure $ 80.00 Metals: Arsenic, Barium, Cadmium Chromium, Lead, Mercury, SeLenium Silver $ 85.70 organics: Endrin¡ Lindane; Methoxychlor¡ Toxaphene¡ 2, 4, D¡ 2, 4, 5-TP SiLvex $262.00 Cyanides Metals Organics $ 28.50 $130.70 Quote MICROBIOLOGICAL ANALYSES Chlorophyll "a" Chlorophyll "a" and Pheophytin "a" Coliform, Fecal (MF) Coliform, TotaL (MF) Colifor.s, TotaL (MMO/MUG) Microscopic GeneraL Examination Microtox, Bacterial Bioassay Streptococcus, FecaL (MF) Heterotrophic Plate Count $ 7.70 $ 7.70 $ 8.35 $ 8.00 $ 7.85 $ 9.00 $ 43.50 $ 8.35 $ 8.20 . . INDUSTRIAL PRETREA~ENT SERVICES INDUSTRIAL SAI'IPLlNG INDUSTRiAL INSPECTION Composite Sample Additional Composite Sample Grab Sample Addi~ional Grab Sample S 65.00 S 20.00 $ 32.00 S 8.00 Inspection/On Site S 70.00 - Installation of Automatic - Grab Sampling - Delivery to TRA Laboratory - Field Testing Available - Sample Preservation - Proper Chain of Custody co.posite Samplers - Permit Application Review - Verification of Application Data - Consultation with Industries on Pretreatment - Chemical Inventory Review Indus~rial GENERAL SERVICE INFORKATION 1. Effective Date: December 1, 1993, all prices listed are per sample and subject to review. 2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater," 17th Edition, 1989 and/or EPA "Manual of Methods for Chemical Analysis of lIater and lIastes," 1983 and the 3rd Edition of Solid lIaste Manual SII 846. 3. TRA will add a 107. charge, at the same rate as submitted laboratory samples, on the monthly billing to maintain the normal quality assurance program. 4. Customer required priority laboratory samples completed and reported within 50% of the normal ti~ will be billed at one and one-half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. . 5. Sa~le preparations, if required, are charged additionally as listed. 6. Sa~le containers, preservatives, and supplies will be provided upon request at a reasonable charge. Bacte- riological sampling supplies are included in the cost of the analyses. 7. Samples* should be delivered to the laboratory before 4:30 p... on weekdays. Sa~les cannot be accepted on weekends or holidays unless special arrangements are made in advance. *<Bacteriological sa.ples should be delivered prior to 2:00 p... unless special arrangements are .ade in advance. After-hour samples may be left in cold storage vault with analyses request for..) 8. Billing stat~ents for co.pleted monthly analyses are mailed by the 15th of the following month. 9. Laboratory hours are weekdays 7:00 a... to 10:00 p.m. and weekends 8:00 a.M. to 4:00 p.M. 10. Environmental Field, Engineering Field and Pretreatment Services office hours are ~y through Friday, 8:00 a.m. to 5:00 p.m. For after-hour emergencies, leave message with computer operator. 11. EnvironMental Field and Engineering Field Services are requested to be scheduled a MinilUm of 72 hours in advance. FOR !tORE INFORftATlClt, CONTACT: METRO: (214) 263-2251 FAX: (214) 262-0619 Patricia M. Cleveland Manager, Technical Services Bi II Cyrus Laboratory Division Chief Randy McIntyre, P.E. Pretreatment Coordinator Robert J. Roth Technical Services Engineer , Qual ity Assurance Coordinator . . . -. ATTACHMENT A Trinity River Authority of Texas Central Regional Wastewater System TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1995 December 1, 1994 through November 30, 1995 P.O. Box 531196 Grand Prairie, Texas 75053 Metro (214) 263-2251 Fax: (214) 264-1382 Fax: (214) 262-0619 * RecyclsdPaper CHEMICAL ANALYSES . YATER . . Acidity $ 5.15 Alkalinity, Total $ 5.40 Alkalinity, Pheolphthalein $ 5.40 Bicarbonate $ 5.25 Carbonate $ 5.25 Biochemical Oxygen Demand (BOD5) $ 14.50 Biochemical Oxygen Demand (C-BOD5) $ 15.00 Biochemical Oxygen Demand (C-BOD20) $ 15.25 Biochemical Oxygen Demand (BOD20) $ 14.85 Biochemical Oxygen Demand (BOD-7) $ 14.75 Chemical Oxygen Demand $ 8.00 Chloride $ 5.40 Chromiun Hexavalent $ 11.00 Conductance, Specific $ 4.25 Conductance, Diluted $ 7.25 Cyanide $ 28.50 Cyanide (Amendable to Chlorination) $ 33.00 Fluoride, Dissolved $ 9.50 Fluoride, Total $ 9.00 Glycols $ 7.05 Hardness $ 7.25 Ignitability (Pensky-Martens Closed Cup) Nitrogen: Anmonia Kjeldahl, Total Nitrate Nitrite Organic Oil and Grease pH pH Sediment Phenols: High Level Low Level Phosphorus: Ortho Total Sol ids: Total (TS) Total Dissolved(TDS) Total Suspended(TSS) Volatile Suspended (VSS) After TSS Sulfate Sulfide Surfactants - MBAS Total Petroleum Hydrocarbons Total Organic Carbon Turbidity $ 32.25 SEDIMENT $ 6.20 $ 15.00 $ 6.20 $ 6.20 $ 32.00 Chemical Oxygen Demand Cyanide Nitrogen, Kjeldahl, Total Oil and Grease Phosphorus, Total Solids, Total Volatile Total Petroleun Hydrocarbons $ 42.00 ICP/AA METAL ANALYSES $9.00 EACH PRIORITY POlLUTANT METALS 5 130.70 TOTAL Antimony Bariun Berylliun Caåniun Chromiun Cobalt Copper Thall iun Tin Uraniun Vanadiun Zinc Antimony Arsenic Beryll iun Caåniun Chromiun Copper Lead Iron Lead Manganese Molybdenun Nickel Silver Telluriun 57.00 EACH SAMPLE PREPARATION Aluninun Boron Calciun Magnesiun Potassiun Sil i ca Sodiun Sediment and Oi ls EP Toxicity Leachate TCLP Toxicity Leachate TWC Leachate $14.00 EACH Arsenic Seleniun Lead - Low Level Copper - Low Level Caåniun - Low Level Chromiun Hexavalent - Low Level Thalliun - Low Level $12.70 EACH Mercury Mercury Nickel Seleniun Silver Thall iun Zinc $ 15.00 $ 67.00 $ 85.00 $ 36.00 $ 27.25 $ 3.65 $ 6.25 $ 33.00 $ 52.00 $ 6.20 $ 9.75 $ 5.25 $ 9.00 $ 7.70 $ 4.30 $ 13.50 $ 5.50 $ 28.35 $ 48.00 $ 11.75 $ 3.75 $ 23.75 5 31.50 $ 18.00 S 24.75 S 11.90 S 9.10 . GAS CHR<MATOGRAPHY AHAL YSES PRIORITY POLLUTANTS (GC/MS) Volatiles Base Neutrals Acid Extractables Pesticides/PCB's Quoted Upon Request ORGANIC DETERMINATION (GC) Hvdrocarbon/Solvents General Hydrocarbon/Solvent Scan (VOA) (One column); *Five or less components; including quantification General Hydrocarbon\Solvent Scan (VOA) (Two column); *Five or less components; including quantification Volatile Organic Constituents (EPA regulated - method 601/602) *ADD fifteen dollars ($15) for each extra component scanned and quantified HERBICIDES Chlorinated Phenoxy Acid Herbicides (Confirmed and quant if i ed) . SPECIAL AHAL YSES TCLP/EP TOXICITY PESTICIDES/PCB'S $105.00 Chlorinated Hydrocarbons, Organophosphate Pesticides, and Polychlorinated Biphenyls (Sample preparation, extraction, and clean-up per sample) ADD for Chlorinated Hydrocarbon (Confirmation and quantification per sample) ADD for Organosphosphate Pesticide (Confirmation and quantification per sample) ADD for Polychlorinated Biphenyls (PCB) - Water (Confirmation and quantification per sample) ADD for PCB - Oil (Confirmation and quantification per sample) $160.00 $ 59.00 TR IHAUJETHANES Trihalomethanes SAMPLE PREPARATION $115.00 $100.00 $ 47.00 $ 50.00 $ 50.00 $ 35.00 $ 40.00 ADD for Special Treatment/Per $ 18.50 Sample (Sediment, Oil) ADD for Special Treatment/Per Sample $ 67.00 (EP Toxicity Leachate) ADD for Special Treatment/Per Sample $ 85.00 (TCLP Toxicity Leachate) PRIORITY POlLUTANTS Leachate Extraction Procedure $ 85.00 Metals: Arsenic, Barium, Cadmium Chromium, Lead, Mercury, Selenium Silver $ 85.70 Organics: Endrin; Lindane; Methoxychlor; Toxaphene; 2, 4, D; 2, 4, 5-TP Silvex $262.00 M I CROB I OLOGI CAL AHAL YSES Cyanides Metals Organics $ 28.50 $130.70 Quote Ch lorophyll "a" Chlorophyll "a" and Pheophytin "a" Coliform, Fecal (MF) Coliform, Total (MF) Coli forms, Total (MMO/MUG) Microscopic General Examination Microtox, Bacterial Bioassay Streptococcus, Fecal (MF) Heterotrophic Plate Count . S 7.70 S 7.70 S 8.50 S 8.10 S 7.85 $ 9.35 $ 43.50 $ 8.50 $ 8.40 . . . INDUSTRIAL PRETREATMENT SERVICES INDUSTRIAL SAMPLING INDUSTRIAL INSPECTION Composite Sample Additional Composite Sample Grab Sample Additional Grab Sample $ 75 .00 $ 25.00 $ 35.00 $ 10.00 $ 70.00 Inspection/On Site - Installation of Automatic Composite Samplers - Grab Sampling - Delivery to TRA Laboratory - Field Testing Available - Sample Preservation - Proper Chain of Custody - Pennit Application Review - Verification of Application Data - Consultation with Industries on Industrial Pretreatment - Chemical Inventory Review GENERAL SERVICE INFORMATION 1. Effective Date: December 1, 1994, all prices listed are per sample and subject to review. 2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater," 18th Edition, 1992 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983 and the 3rd Edition of Solid Waste Manual SW 846. 3. TRA will add a 10X charge, at the same rate as submitted laboratory samples, on the monthly billing to maintain the normal quality assurance program. 4. Customer required priority laboratory samples completed and reported within SOX of the normal time will be billed at one and one-half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. 5. Sample preparations, if required, are charged additionally as listed. 6. Sample containers, preservatives, and supplies will be provided upon request at a reasonable charge. Bacte- riological sampling supplies are included in the cost of the analyses. 7. Samples* should be delivered to the laboratory before 4:30 p.m. on weekdays. Samples camot be accepted on weekends or holidays unless special arrangements are made in advance. *(Bacteriological samples should be delivered prior to 2:00 p.m. unless special arrangements are made in advance. After-hour samples may be left in cold storage vault with analyses request fonn.) 8. Billing statements for completed monthly analyses are mailed by the 15th of the following month. 9. Laboratory hours are weekdays 7:00 a.m. to 10:00 p.m. and weekends 8:00 a.m. to 4:00 p.m. 10. Environmental Field, Engineering Field and Pretreatment Services office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. For after-hour emergencies, leave message with computer operator. 11. Environmental Field and Engineering Field Services are requested to be scheduled a minimum of 72 hours in advance. FOR MORE INFORMATION, CDlTACT: METRO: (214) 263-2251 FAX: (214) 262-0619 Patricia M. Cleveland Manager, Technical Services Bill Cyrus Laboratory Division Chief Randy Mcintyre, P.E. Environmental Services Coordinator Robert J. Roth Technical Services Engineer Kimberly Brown, Quality Assurance Coordinator CITY OF NORTH RICHLAND HILLS Department: Public Works Ratify Contract with D.B. Utilities in the Amollnt of $4.'\4.0000 for r~111ow~y Rr~n('h 21- Inch Parallel Sewer Council Meeting Date: 7/11/94 Subject: Agenda Number: PW 94-24 Staff brought this issue to Council in IR 94-93 on June 27, 1994 (see attached). The contract amount of $43,400.00 provides for all the trenching on this project to be done by D.B. Utilities. Fllndine SOllrc.e: Sufficient funds were appropriated from Utility CIP for this project with the approval of the Construction Division's 1993/94 Operating Budget. Recommend~tion: It is recommended Council ratify the contract with D.B. Utilities in the amount of $43,400.00. Finance Review Acct. Number 02-08-01-6500 Suffi ¡ent Funds Available rtment Head Signature CITY COUNCIL ACTION ITEM Finance Director Page 1 of . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR 94-93 No. ~". :' /. J; \ ~.- '-. 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 $43,000 will rent this machine to complete the entire job. We will discuss this situation on Monday night. Respectfully submitted, /1 li:L Deputy City Manager CAS:ph ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . DB UTILITIES CUSTOM TRENCHING 1706 Dakota Garland. TX 75043 (214) 840-8784 Fax (214) 864-0721 City of NORTH RICHLAND HILL8 P.O. Box 820609 North Richland Hills. TX 76182-0609 .Jurle 21. 1994 '21 II re: Bid proposal for trenching ~ 8.8. for the ci ty of N. Richland Hills at 8.E. corner of 820 and Hwy 26. ----------------------------------------------------------------- Trenching for total Project (approx. 2700 ft) excluding where piping is already installed and areas where trencher accessi bi 1 i ty i·,. not feasi bl e. TOTAL BID ........$ 43,400.00 Ir~ Don Bartosh President Accepted: f?tl~ ú4 jt1~ Title: CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Change Order No.1 for 1994 Miscellanf'nm: Strf'p.t Suh~r::ln~ ::Inn Surface Reconstruction Council Meeting Date: 7/11/94 Subject: Agenda Number: PW 94-25 The change order is for sub grade stabilization on Bellhurst Court prior to staff placing a 4-inch asphalt surface overlay. The contractor, JRJ Paving, already has a contract for $31,432 which includes Lynda Lane, Mickey Street, Hewitt Street and College Circle. All of these streets will be left in a final graded fashion, ready for the Public Works staff to follow behind the contractor and place a hot mix asphaltic concrete overlay. Bellhurst Court would be the only street on the list with existing curb and gutter and would require a deeper excavation. The cost for Change Order No. 1 is $6,893.70 with no increase in bid time. With approval of the Change Order, the new contract price for the subject project will be $38,325.70. Funning SOllrce: Sufficient funds are available in the Public Works Operating Budget (01-60-04-3080). R~comm~nn::ltion : It is recommended Council approve Change Order No. 1 in the amount of $6,893.70. Finance Review Acct. Number Suffi ient Funds Available Finance Director Page 1 of 4R 1 SR // i ./ ; / 9R -1 // 7R lc;R)\ /' -/~- // l4A ~ 8A /'1..,,// / \ 9A 13R \ /~ ...;r ____//' 10A l2R ''\--- . 11R '~ -r--, / 13R / './ lOR l2R \/// llFi l4R / ./'/ --- 15R 01Þ.~ON~. _ Q}t<S_. 2 ~.~- --~--_. ~ o ...J ...J 1~ H ~ WENDELL CT S 2A 5 2 2:.. _._- ,--- 6BW..,\¡;¡gS ~ c ~ 5 --:ll 3 ! ------ --!~"2-~~~· E: F.--Ì ~ , 32 .7 S " " 1. cØ 7R e 33 N .:j'j4C TR 1 38.773 AC PROPOS -6pì.e'J~~\{- - ----- . TR 3 . ':33 A(. ;121:::' 4 ~r--~ 3 I 2 ¡ 1 ~ :CJ)õ 'W z(f1 ~o ~;! o J TR 4 : 4C 2 5 f: ; 8 WALKER ST. I :~w¡::T NE TR 7 :PT .62 AS r¡; 76 .333 4: __ 1-0- _c _ _ _ ..r--. .:'7"....:"":=.""'="..-:0+ - -:-:-:=:-::---~~=-~-=--.;.- ---='---'=:::"'==~-~ 3i1¡..;T '3E ,PT TR 7:.. ;2 . :,. d ~ A;': f'zœec.:r L- 0 c.A.,.., Þ t.) TR :SA 22.118 AC HALl"Ot-\ crT\{ L" -,-(1'¡\ H 1 ~ H LJp..:-- \ u;rr\OOL- r' ::JV JUL- 6-94 WED 14:20 NRH PUBLIC WORKS UTILITY 8176567552 P.01 JUL-05-84 12.22 FROM. JRJ PAVING INC ID. 211,\6666767 PAGE: e CHANGE OROER NO. .....L TO THE CONTRACT WHICH WAS DATED MAY 24, 1994 Between __ THE CfTY OF NORT H RlCHLAND HilLS . fOWN ERt And JRJ fA VING , fCONTRACTORI For 1994 MISCELLANEOUS STREET SUSGAADE AND SURFACE AECØNST6UCTION Pura~nt to thø provision. of Section 49 of the General Conditions 01 Agreement of the Cantrlct, this Change Order, when fullV e)(8cuted, shall conltitute the authority to change the work of the project II follows: Add the fOllowIng Itreet to the project: 1 . Bellhurlt Court Add the following quantltie. to existing bid iteme: Bid + Bid llitm De.~rlÐt'ðn .!- UnIt &itA QullntJ: Extension e 1. Unclassified .treet + C.Y. . 8.65 218 ., ,886.70 excavation 4-6" deep to Includë haul off 2. Subgrade stabi1izøtion + s.y, 2.60 1.308 3.266.00 lime treated 8- thIck. 3. Hydrated lime 32lba. per + Ton. 83.00 2' 1,743.00 S.Y. TOTAL COST OF THIS CHANGE ORDER .8,893.70 The Contracll, modified al fonow.: Oriolnal Contract . 31,432.00 ThIs Change Ord... No.1 . 8.893.'70 Total Contract Amount Including ChAnge Order '38.325.70 8v: Date: 1- C; ~C1I.-I By: Date; 7--to--1¥ e BV:_ _. Cate: - -----..........---..-......-- CITY OF NORTH RICHLAND HILLS Department: Fin;:lnr.A/P, Jhlir. WnrkR _ Council Meeting Date: 5/23/94 SUbject: Award Bid for 1994 Miscellaneous Street Subgrade and Agenda Number: PU 94-40 Surface Reconstruction Formal bids were solicited for Miscellaneous 1994 Street Subgrade and Surface Reconstruction. This project will involve street excavation, subgrade stabilization and the application of hydrated lime on Lynda Lane, Mickey Street, Hewitt Street and College Circle. The results are outlined below. Reynolds Asphalt $49,305 Sutton & Associates $39,376 APAC $38,715 JRJ Paving $31,432 Recommendation: It is recommended City Council award the bid for Miscellaneous Street Subgrade and Reconstruction to JRJ Paving in the amount of $31,432. DATE; TcKÝ. / COUNCIL ACTION: COMMENTS· -' Finance Review Acct. Number Sufficient Funds Available . l~~í~if;çr~ gnatu e City Manager CITY COUNCIL ACTION ITEM 01.00-0<1.-'3080 . FInance DlttIClOr Page 1 of CITY OF NORTH RICHLAND HILLS Department: e,ubject: Parks and Recreation Department Final Payment to Clifford Fogus Company for Adventure World Playground Construction ~ Council Meeting Date: 07-11-9:t- Agenda Number: PAY 94-14 The construction of the Adventure World Playground is complete. The City Council awarded the contract to Clifford Fogus Company in the amount of $353,755. One change order has been executed in the amount of $12,855 for the fitness course area, bringing the revised contract amount to $366,610. Additionally, City Council authorized staff to proceed with turf establishment and landscaping prior to the dedication ceremony, and completion of spreading the wood chip surfacing, gravel, and fabric for change order number two, in the amount of $43,506. This brings the final revised contract amount to $ 410,116. Staff recommends approval of final payment in the amount of $80,167. Original Contract Amount Change Order #1 Change Order #2 Revised Contract Amount tit Less Previous Payments Final Payment Amount FUNDING SOURCE: $353,755 $ 12,855 $ 43.506 $410,116 ($329.949) $80,167 Funds are available from the 1993/94 Parks and Recreation Capital Improvement Program City Park Development account, 09-92-25-6000, and from unspecified fund baìances. RECOMMENDATION: Staff Recommends approval of final. payment to Clifford Fogus Company in the amount of $80,167 for the Adventure World Playground construction. Source of Funds: Bonds (GO/Rev.) Operating Budget _Other .. _ ~~Q~ Department Head Signature - Finance Review . Finance Director City Manager CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Final Pay Estimate No.1 in the Amount of ~7Q) 111 '\1 to All-Tpy P~vine, Tn~ fOT 1 QQ4. ('hip ~P5l1 Agenda Number: Program 7/11/94 Subject: PAY 94-15 This street maintenance project was awarded by Council on Apri111, 1994, PW 94-10. The total contract price including change orders is $79,496.65. Total payment of this first and final pay estimate to the contractor will be $79,133.53. The contractor substantially completed this project on June 22, 1994. The project is now totally complete with all final adjustments having been made. Fnncline SOllfce: Sufficient funds were budgeted by Council on 12/13/93 in PW 93-43. Rp.commp.ncl~tion : The staff recommends Council approve final payment to All-Tex Paving, Inc. in the amount of $79,133.53. Finance Review Source of Funds: Acct. Number 13-23-10-6000 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ 1\... ~~ o ment~e~ at ~ u IL i;g:er CITY COUNCIL ACTION ITEM Finance Director Page 1 of CONTRACTOR'S ESTIMATE PAGE 1 OF 1 . Estimate No.: RleNo: Project Description: 1 & Final Job No.: 3 - 248 Date: Gal Days: W.O. Date: Scheduled Completion Date: For Materials Fumished and Labor Performed in Period Ending: Time Charged Thru Period (Days): 06/20/94 45 09-May-94 23-Jun-94 NRH248.WI<3 1994 CHIP SEAL PROGRAM Contractor: Owner: Place: ALL- TEX PAVING, INC. CI1Y OF NORTH RICH lAND HILLS NORTH RICH LAND HILLS, TEXAS NO. ITEM DESCRIPTiON PREVIOUS THIS UNIT UNIT ESTiMATE ESTiMATE TOTAL PRICE AMOUNT S.Y. 0.00 81,302 81,302 $0.89 72,358.78 TON 0.00 .75 .75 9,033.00 6,774.75 1 . *Single Course Chip Seal Coat 2 .*Asphalt Base Crack Sealing Material Denotes C.O. # 1 has been added TOTAL AMOUNT : $79,133.53 Field Verification of Job Conditions and Confirmation of Pay Quantities Submitted: ALL- TEX PAVING, INC. Ron J. Davis Date: June 20. 1994 . Total. . . . . . . . . . Less Percent (%) Retained. Difference. . . . . . . Plus (%) Materials on Hand . Total. . . . . . . . . . Less Previous Payments. . . Difference Due this Estimate . (Note: Pay Last Amount Shown) 79 ,133.53 10% 79,133.53 100% 79.133.53 0.00 $79,133.53 Total Eamings (Incl. Retain.): Time Charged Thru This Period: Bid: Time: $79,496.65 45 Percent: Percent: . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7/11/94 Approve Final Pay Estimate No.4 in the Amount of $145,780 17 to APAC-Texas for 199:\ Chip Seal Agenda Number: PAY 94-16 Program Subject: This street maintenance project was awarded by Council on July 12, 1993, PW 93-33. The total contract price is $385,230.24. Final payment to the contractor will make his total earnings on the project $372,187.79. This is $13,042.45 under the contract amount. The savings is from the contractor not having as many sprinkler system adjustments and street sawcuts as projected. The contractor substantially completed this project on June 22, 1994. The project is now totally complete with all final adjustments having been made. Fnndine Sonrce: Sufficient funds were budgeted by Council on 5/24/93 in PW 93-19. Recommendation: The staff recommends Council approve final payment to AP AC- Texas, Inc. in the amount of $145,780.17. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget h r Acct. Number 13-23-08-6000 Sufficient Funds Available Finance Director nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of JOB 3-248 DATE: CAL DAYS, W.O, DATE. SCHEDULED COMPLETION DATEI FOR MATERIALS FURNISHED AND LABOR i PERfORMED IN PERIOD ENDING. I TIME CHARGED THRU PERIOD (DAYS). ~RfYtOUS THIS UNIT UNIT ¡ESTIMATE ESTIMATE TOTAL PRICE .;--- 'QÐ.I t H JUL 05 '94 10: 09AM APAC- TEXAS, INC E S T I l. i I" E ~ v " , n ~ ~ I V n ~ ~ ~ I , . . , I . I II ! I . . , I . . . , I . ESIATE NO, 4 F O. PR CT DESCRI'TJON. CHIP SEAL PR06RAM, 1983 CONTRACTOR I APAC-TEXAS. INC. OINER, CITY OF NORTH RICHLAND HILLS PLACE, NORTH RICHLAND HILLS, TEXAS NO, ITEI DESCRIPTION .. . "I.... II....... ... . t..,. t., ..,..... . 1, SINBLE COURSE CHIP SEAL 2. REPLACE '"11" CURB & GUTTER 3, REPLACE 8'114' CURB' GUTTER 4. PAYEMENT REPAIR 5, SAW CUT ASPHALT e. MISC. PLUMBING ALLOWANCE S. Yo L . F . L. F . S. V. L. F . L, S. 16,164,00 3,018.50 10.00 3,581.45 H,ze1.00 0.0077 73,15&.00" 0,00 0.00 0.00 0,00 (O.OOOO) HGE 1 fro ~ ,.,.., " 80,121.00 3,018,50 10.00 3,881.45 U,U1.00 0.0077 $1.81/ *31.15 tl1.iO &H.20 $0,15 "0,000.00 I I I I I .......,..............,.... .., ....,. .......,..,.,.."....... ... .1.,..,....,...... .... ......,... FIELD VERIFICATION OF JOB CONDITIONS SUBMITTED BY, AND CONFIRMATION OF PAY QUANTITIES APAC-TEXAS, INC, . COHr~R BY, II, ~& ¡PROJECT' AU ) DATE, .11:17 ' ...,. I..'...,.....,...... "" "" ,........1. JULY', ,.... I.............. II..... DATE I Total Less 5 % Retained Difference Plus 95% of Materials on Hand Total Less Previous Payments Difference Due iliis Estimate TOTAL EAANIMQS (INCL. RETAIN.I. Tile CHARtED THRU THIS PERIOD, aaUT.a liD, 331 TilE. t . . , . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . . I . . . , . , . . , . . t . . . . . . . I , . . . I . t . . . . . . . . . . . . . . . . . . . , I . . 388210 PERCENT, 300 PERCENT. . JULY 6, 1814 3 02-AUG-93 U-Uy-U 08130114 noun """,", . '145,020. 85,713, 3U. 12 1, SO 1. ','85. 71. U ,11_ , $372, 187.7Ç O;()( 372, 187.7Ç o.()( 372, 187.7Ç 226,407.6: $ 145,780. lí as, 110. . . . ORDINANCE NO. 1993 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE # 1781, THE ELECTRICAL ORDINANCE, REGARDING ELECTRICAL LICENSE EXAMINATION PROCEDURES; TO DELETE ALL REFERENCE TO THE TARRANT COUNTY ELECTRICAL EXAMINING BOARD; BY PROVIDING THAT THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO CONTRACT WITH AN EXAMINING AGENCY TO PERFORM EXAMINATION SERVICES AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY; BY PROVIDING THAT IN THE AL TERNA TIVE, THE CITY COUNCIL MAY AUTHORIZE THE CITY MANAGER OR HIS APPOINTED DESIGNEE TO CONTRACT WITH OTHER CITIES IN THE NORTH TEXAS REGION TO RETAIN THE SERVICES OF AN EXAMINING AGENCY TO PERFORM EXAMINA TIONS AS THE CITY'S OFFICIALLY DESIGNATED EXAMINING AGENCY; BY PROVIDING THAT THE BUILDING OFFICIAL SHALL BE AUTHORIZED TO APPROVE OTHER EXAMINING AGENCIES WHOSE CERTIFICA TIONS OF EXAMINATION SHALL BE ACCEPTED BY THE CITY IN LIEU OF THE CERTIFICATE OF EXAMINATION ISSUED BY THE CITY'S OFFICIALL Y DESIGNATED EXAMINING AGENCY, SUCH AGENCIES TO BE DESIGNATED AS ALTERNATE EXAMINING AGENCIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills adopted a new electrical ordinance number 1781 on February 10, 1992, and WHEREAS, the electrical ordinance contained provisions for electrical license examinations, and WHEREAS, the electrical ordinance recognized the Tarrant County Electrical Examining Board as the official examining agency, and WHEREAS, this amendment to the electrical ordinance in cooperation with the North Central Texas Council of Governments Regional Codes Coordinating Committee will help protect the health, safety, and welfare of the citizens of the City of North Richland Hills; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 20.3.A ELECTRICAL LICENSE REQUIRED shall be amended to read as follows: . A. Provide written evidence of successfully passing a written examination given by the City's officially designated examining agency for the grade of license sought; or, . 2. THAT, Section 23 ELECTRICAL LICENSING EXAMINATION PROCEDURES shall be amended to read as follows: SECTION 23. ELECTRICAL LICENSING EXAMINATION PROCEDURES 1. A person wishing to obtain a license for one of the grades of electrical licenses issued by the City of North Richland Hills shall file a written application with the City's officially designated examining agency. Such application shall be completed and filed in accordance with the procedures prescribed by the exammmg agency. 2. Examination fees, dates, times and places of the examinations, procedures for administering the examinations, grading of the examinations, examination security and examination results, repeat examinations, appeal of examination scores, shall be sole responsibility of the agency administering the examination. 3. . THAT, Section 24. LICENSE EXAMINATION FEES shall be amended to read as follows: SECTION 24. APPROVAL OF EXAMINING AGENCIES 1. The City Council may authorize the City Manager or his appointed designee to contract with an examination agency to perfonn examination services for the licensing of electricians; or the City Council may authorize the City Manager or his appointed designee to contract with other cities in the North Texas Region in the fonn of an Interlocal Cooperation Agreement allowing the cities as a unit to contract the services of an examining agency. The selected agency shall be the City's officially designated examining agency and shall perfonn all examination services requested by the City when issuing electrical licenses. 2. The Building Official shall be authorized to approve those examining agencies whose certificates of examination will be accepted by the City in lieu of the certificate of examination issued by the City's officially designated agency. Such agencies shall be known as alternate examining agencies. It shall be the responsibility of the Building Official to review the qualifications and testing standards of such agencies. The Building Official shall not approve an examining . -