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Home My WebLink AboutCC 1994-10-10 Agendas . For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 10, 1994 - 6:00 P.M. e NUMBER ITEM ACTION TAKEN 1. Allies Day - Richard Davis, President Northeast Chamber (5 Minutes) 2. IR 94-139 Opening of the Water Park (5 Minutes) 3. IR 94-141 Sale of Four Houses from Marilyn Lane (5 Minutes) 4. IR 94-142 Proposed Graffiti Ordinance (10 Minutes) 5. IR 94-140 Starnes Road from Rufe Snow Drive to Crosstimbers Drive (5 Minutes) - 6. PZ 94-19 Public Hearing to Consider Revisions to the Zoning Ordinance No. 1874 Regarding the Multi- Family Residential Regulations - Ordinance No. r 2015 (Agenda Item No. 10) (10 Minutes) 7. GN 94~129 1994-95 CIP Projects (Agenda Item No. 15) - (15 Minutes) 8. PW 94-36 Award of Bid for Davis Boulevard Utility Adjustments, Phase II (Agenda Item No. 21) (5 Minutes) . Page 2 . NUMBER ITEM ACTION TAKEN 9. Other Item s Reminder: Board/Commission Reception, October 21, 1994, 7:00 p.m., Iron Horse Golf Course Possible Work Session - City Hall Expansion 10. *Executive Session (20 Minutes) - The Council may enter into closed executive session to discuss the following: A. Personnel under Gov. Code §551.074: Consider Position of Utiltiy Maintenance Worker II B. Consultation with attorney under Gov. Code §551.071 : Consider Watauaa vs. NRH C. Real Property under Gov. Code § 551.052 Report on Status of Acquisition of Real Property - 9. Adjournment - 7:20 p.m. p . *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 e 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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 10, 1994 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. . NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation . 3. Pledge of Allegiance 4. Minutes of the Regular Meeting September 26, 1994 . 5. 0 Minutes of the Special Meeting October, 3, 1994 e ~ Page 2 . NUMBER ITEM ACTION TAKEN 6. Presentations by Boards & Commissions a. Park and Recreation Board Minutes 7. Removal of Item(s) from the Consent Agenda 8. Consent Agenda Item(s) indicated by Asterisk (12,13, 16, 17, 18, 19,20 & 21 ) 9. PZ 94-18 Public Hearing to Consider Revisions to the Zoning Ordinance No. 1874 Regarding the Landscaping Requirement - Ordinance No. 2016 - 10. PZ 94-19 Public Hearing to Consider Revisionsrto the Zoning Ordinance No. 1874 Regarding the Multi-family Residential Regulations - Ordinance No. 2015 . . e Page 3 e NUMBER ITEM ACTION TAKEN 11. PZ 94-20 Public Hearing to Consider the Request of the Richland Hills Church of Christ for Planned Development Number 19 and Site Plan Amendment on a Portion of Lot 3, Block 7R, Meadow Lakes Addition- Ordinance No. 2014 (Located in the 4900 Block of Meadow Lakes Drive) *12. PS 94-37 Request of David Pokluda for Replat of Lots 23 and 24, Block 10, Meadow Lakes Addition (Located at 6341 Skylark Circle) *13. PS 94-44 Request of Sinaco Development for Final Plat of Lot 1, Block 18 and Lots 1-4, Block 19, Briarwood Estates (Located in the 7500 Block of Hightower Drive) 14. GN 94-127 Public Hearing to Consider Closing Coventry Court at Hightower Drive - Ordinance No. 2017 r . 15. GN 94-129 1994-95 CIP Projects 0 *16. GN 94-130 Vacate a Portion of an Existing Utility Easement on Lot 51, Block 1, Bridlewood Addition - Ordinance No. 2018 e e Page 4 . NUMBER ITEM ACTION TAKEN *17. GN 94-131 Resolution Designating Industrial Park Subdivision Properties as the Iron Horse Corporation District - Resolution No. 94-52 *18. PU 94-76 Award Bid for Parking Lot Improvements at Fire Station #2 and Fire Station #3 *19. PW 94-34 Approve Budget for Water and Wastewater Impact Fee Consultant *20. PW 94-35 Approve Agreements with DART for Precinct Line Road Utility Adjustments (Mile Post 620.80) - Resolution No. 94-51 *21. PW 94-36 Award of Bid for Davis Boulevard Utility Adjustments, Phase II . 22. Citizens Presentation POSTED r If)- 1-1 t.I DatE' . q··4~ /}rJt1 - Time City Secretary 23. Adjournment l~ :IJ.¡ Á f~" h.. '---"' . e .. . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 94-144 ~ Date: T Subject: October 10, 1994 Adjustments in Utility Pass-Through Cost In the early discussions for the 1994/95 Operating Budget, the staff mentioned that the City of Fort Worth had indicated that they were planning to implement an increase in the sewer charges beginning in October 1994, but they had no plans for a water increase. At budget planning time, the Trinity River Authority indicated that they would have a slight increase in both water and sewer rates. We have just recently been informed about the rates for both the City of Fort Worth and TRA and have calculated the pass-through based on the Reed-Stowe Study that was done earlier this year. e The Reed-Stowe Study which was adopted by City Council provided a base rate for both water and sewer services which included all costs for each. The rate structure adopted by Council contemplated that in the future as TRA and Fort Worth increased its charges for either purchased water or treated sewage, than the rates would be adjusted. It also contemplated that if rates were for some reason reduced, then the rates of the City of North Richland Hills should remain the same and left the same until such time as an increase in pass-through by Fort Worth or TRA exceeded the amounts in the base rates for water or sewer. The Reed-Stowe Study provided the City a model to calculate the impact of any future rate adjustments, enabling us to determine the needed pass-through rates in a timely manner. After receiving the information from the City of Fort Worth and TRA and using the model of Reed-Stowe, the overall impact for North Richland Hills customers would range from a low of .7% or 30¢ a month, increase in the total utility bill to a 1 %, or $1.18 per month, increase for a very large user of water and sewer. Water costs would remain the same under the r:1ew pass-through cost and the sewer costs would increase slightly. Attached is a list of utility bills based on various levels of consumption. These pass-through costs are planned to be effective for the November, 1994, utility billing. If you have any questions or would like to discuss this please let me know. r Respectfully submitted, . ~~ Larry J. nlngham Director of Finance e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e "#. ....Q)I"-- em. Q)coo ~~ Q)(.) Q..c o ~ ~o o N ('t) -0 S..;r o I- "'C I"-- Q),- ~ 1m Q) 7i5 ('t) O~O"'" 0Q)() I à: CI) "#. ex) o ~ o &0 <0 LÖ &0 ~ <0 ..... ..... N m ('t) "#. ex) o 0) Lq o I"-- ~ o I"-- ..... Lq 0) ..... <0 ~ ..... &0 "#. ~ o ~ o 0) N cO ex) ex) &0 N N ..... I"-- (.") <0 "#. ~ o 0) ~ o 0) ~ &0 0) <0 <0 &0 N ('t) ~ 0) <0 "#. ~ ..... "#. ~ ..... ('t) ~ ..... ex) ..... ..... 0) <0 ~ ..... ex) ~ ('t') ..... ..... ('t) I"-- có N o ~ ..... ('t) <0 ~ &0 I"-- ex) o N ex) ('t) 0 ex) &0 0 &0 0 0 <"! ('t) &0 <0 <0 ": -0 &0 0 &0 ..;r (.") N S..;r &0 I"-- ex) 0) 0 ..... 0 ..... ..... l- I"-- 0 N. &0 I"-- 0 N - '- ~ 0 0) ~ ": I"-- <0 C cO ~ 0 ~ Q)-('t) ex) ..... ~ ~m..... ..... ..... N N ('t) '-Q)0 ðCl)O <0 ..... <0 ..... ('t) <0 ex) r 0) <"! ~ ": ~ 0) ~ '--cO 0) ..... ('t) 0) LÖ N 2mN ('t) &0 <0 <0 I"-- ex) COO ~O '- 0 0 0 0 0 0 0 Q) 0)0 It) 0 It) 0 It) 0 "E>&o I"-- q .<"!. &0 "': q ._< ..... ..... . ..... ..... N ~ e ....0 0 0 0 0 0 0 0.0 0 0 0 &0 0 &0 Eq III 0 &0. 1"--. q <"!. ;:,..... ..... Ñ N N ('t') ('t) m C 0 0 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IE 94-138 ~ October 10, 1994 ~ ::::~ct: Semi-annual report on Impact Fees According to the state statutes regarding Impact Fees, the City must produce a semi-annual report on the collection and expenses of impact fees. As you are probably aware, the Planning and Zoning Commission serves as the Capital Improvements Advisory Committee for North Richland Hills. Attached is the semi-annual report for the first half of 1994. No changes in the fee structure or modifications to the impact fee program are recommended at this time. This rep0l1 was reviewed and approved for submittal by the Capital Improvements Advisiory Committee at its meeing on Sept. 2, 1994. Respecfully submitted, e ISSUED BY THE CITY MANAGER NORTH RICH LAND HillS. TEXAS 'evenues: Water/Sewer Impact Fees Interest Income Total Revenue Expenditures: Shady Oaks Addition Green Valley Addition Tapp Addition C-33/T ecnol Blvd Impact Study Refunds Total Expenditures Net e . e City of North Rich/and Hills Water & Sewer Impact Fees as of MAY 31,1994 975,885 58,026 25,602 14,605 107,959 54,943 82,541 12,706 ~ 1,033,911 298,356 735,555 e MINUTES FOR THE REGULAR MEETING OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS September 8, 1994 - 7:45 p.m. CALL TO ORDER The meeting was called to order by Chairman James Brock at 7:45 p.m., following the conclusion of the Planning and Zoning Commission meeting. ROLL CALL PRESENT Chairman Members Director Plan/lnsp Planner Plans Examiner James Brock Victor Baxter Don Bowen Jill Spicer Barry LeBaron Clayton Husband Gregory Arrington CONSIDERATION OF MINUTES OF FEBRUARY 24, 1994 Mr. Baxter made the motion to approve the minutes. The motion was seconded by Mr. Bowen, and the motion carried 2-0, with Chairman Brock and Ms. Spicer abstaining due to absence at the previous meeting. e Review and Discuss Impact Fee Report Mr. LeBaron stated State statutes require cities to prepare a bi-annual report for review by the Committee and City Council. He stated the program is working as planned. He stated staff recommends no changes. Mr. Baxter asked if the total revenue was this year or cumulative. Mr. LeBaron stated cumulative since the start of the program. . Mr. Bowen asked what the requirements for refunds of the fees are. Mr. LeBaron stated he is not sure, but he will get that information to him. Mr. Bowen made the motion to send this report to the City Council. The motion was seéonded by Mr. Baxter. The motion carried 4-0. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. James Brock, Chairman e INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR 94-139 No. ~ Date: T Subject: October 10, 1994 Opening of the Water Park We have been contacted by Bruce Raben, Editor of the Fort Worth Star Telegram Northeast. He is interested in a joint project between the City and his paper. They are suggesting that there be grand opening festivities prior to the public opening of the Water Park. Under the Star Telegram's plan there would be sponsorships in the following amounts: one $10,000, three $5,000; six $2,500; and ten $1,000. We would try to get a car donated and sell raffle tickets at $200 each. There would also be a dinner with tickets selling at $50 each. He is suggesting that the proceeds from this opening be split between Adventure World and the Fort Worth Star Telegram's Community Education Fund. We will discuss this with you Monday in Pre-Council. Respectfully submitted, /1 stf~ Deputy City Manager CAS:ph ISSU ED BY TH E CITY MANAG ER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR 94-141 No. ~ Date: T Subject: October 10, 1994 Sale of Four Houses from Marilyn Lane The final property has been purchased for the City Hall expansion proj ect . The Purchasing Department will be handling the bids for removal of the houses from these lots and the clearing of the property for the project. The houses to be moved and the clearing of lots will be advertised, in the newspaper, to allow any interested party to bid on one or more of the properties. The tentative schedule established by purchasing is as follows: Begin Demolition October 16, 1994 November 8, 1994 November 14, 1994 November 15, 1994 January 31, 1995 Advertising for Bids (begin) Bid Opening Bid Award by City Council Demolition Complete - Lots Clear If you should have questions, staff will be available at Pre-Council. Respectfully, Randy Shiflet Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 94-142 O. ~ Date: T Subject: October la, 1994 Proposed Graffiti Ordinance Council requested Staff to check into and prepare an ordinance pertaining to graffiti. Attached is a first draft of a graffiti ordinance. We will discuss this with you Monday in Pre-Council. Respectfully submitted, & HI-J- C.A. Sanford Deputy City Manager CAS:ph Attachment e e ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS e . e ORDINANCE NO. XXX AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS TO REQUIRE A PROPERTY OWNER TO REMOVE GRAFFITI THAT IS VISffiLE TO THE PUBLIC; REQUIRING PROCEDURES FOR NOTIFICATION OF THE PROPERTY OWNER; ESTABLISHING A GRAFFITI OFFENDER; PROVIDING FOR THE DEFINITION OF CERTAIN TERMS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. Graffiti on Private Property. A. It shall be unlawful for a property owner to fail to remove all graffiti from privately owned property that is visible from any public property, a public right-of-way, or from any adjacent private property. B. The property owner, or his agent, shall be served by the Building Inspection Official with a written notice which shall require the removal of the graffiti from the property within fourteen (14) days from the date the notice is served. The notice may be served by handing it to the property owner, or agent, in person, or by United States certified mail, addressed to the property owner at the owner's address as shown on the tax rolls of the City. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified as follows: 1. Posting the notice on or near the front door of each building on the premises to which the violation relates; or 2. Posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates, if the premises contains no buildings. ß. Graffiti Offender. A. It shall. be unlawful for any person who shall be in or on any place, public or private, to deface, write or mark, cut, print, stamp, indent or display any word, sentence, symbol or figure on public or privately owned buildings, permanent structures, or places located on within the City, without authorization of the property owner. e B. It shall be unlawful for any person to have in his or her possession, any graffiti implement in any public park, public school ground, public playground, public recreational facility, any public right-of-way, or other public grounds in the City when the public facility is closed to the public. C. It shall be unlawful for any person to have in his or her possession, for the purpose of defacing property, any graffiti implement while on private property not open to the public. The graffiti implement shall be presumed to be for the purpose of defacing property if it is in the holder's possession while the holder is on private property closed to the public, without pennission from the owner or his lawful agent. D. It shall be an offense for the parent or legal guardian of a child under 17 years of age to intentionally, knowingly, recklessly, or with criminal knowledge allow the child to violate the provisions of this Ordinance. III. Definitions. . For purpose of this Ordinance, the following definitions are provided. 1. Graffiti - shall mean any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on a building, structure, sign, bridge, or similar tangible property. 2. Owner - shall mean the person, finn or corporation, with the legal right of possession to the property and shall include the agent responsible for the management of the property. 3. Felt Tip Marker - shall mean an indelible marker or similar implement with any size tip containing ink that is not water soluble. 4. Paint Stick or Graffiti Sticks - shall mean any device containing a solid fonn of paint, chalk, wax, epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application, leaving a visible mark, and that is not water soluble. 5. Graffiti Implement - shall mean any aerosol paint container, a felt tip marker, or a paint stick or etching tool capable of scarring or otherwise defacing glass, metal, concrete, brick, or wood. e e IV. PENALTY CLAUSE. Any person violating a provision of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined a sum not to exceed two hundred ($200) dollars for each offense. Each day such violation continues to exist shall constitute a separate offense. v. 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 incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VI. . EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED, AND APPROVED this 10th day of October, 1994. APPROVED: ATTEST: . r CITY SECRETARY APPROvED AS TO FORM: e ATTORNEY . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. TR 94-140 ~ Date: T Subject: October 10, 1994 STARNES ROAD from Rufe Snow Drive to Crosstimbers Drive The asphalt resurfacing contractor, Dustrol, Inc., will move in to work on this section of roadway on Monday, October 17th. He will first wedge mill 4-foot wide strips along each edge of the asphalt pavement adjacent to the gutter. They will come back on Wednesday, October 19th and heater scarify the existing asphalt pavement and then apply a rejuvenating agent. Our Street Division crew will then compact the pavement surface and apply a I-inch thick hot mix asphaltic concrete overlay. If any changes in this schedule occur, we will notify you. Work on both days mentioned will probably start very soon after the morning traffic has subsided, approximately 8:30 a.m. Respectfully submitted, ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ç..~\' ~ ....~ ~t- I t ~Oç.. Kn.I.DI hrr\ uvm W Il S ONI ... · ,;Q'mt· ~Ü."D HIU3 crrT Ll1Im D . ~ o ..)..Q .'£81 11 ~ ~ ,<' 'Ç~ ,....~ ". ~ ~ f:::¡ ;- RuL RO I ~ -~W'-fX- ~o ~ 1 1_' ID.LXI crrT ullm ~ " RO.~ -_.",~=- .. . >R _ . .' y ~ A~ A crrT ullm I Z ~ 0 G R EE N \ ^ LEY . _ ,.- TIN:::.,.. ¡~ ~ IH"l ~,(1= ~ ~S7~'mt', ¡¿ - . - c.- r- . \ --..... ~ L.. RO.. -~ !.."jilllll I :;1--- ~ R'u"..i~{(D RD ì -~ ~ ~ ~ , -- ~ ~ '1"'\ -; I. _1 I- _q q~ - 3 = H^",'sI, ,...-- ~ - ~..-= = r ~ ~~ < I- f- -- .L z r c - X" -< 1: .u -:J/ ~ ,-- J= ~ ~ ;:::: I -- ~ y ~ Á1 5 ~ \'- ~ ~ ¡. H.J~"W" h, I-~ ~ _ ~:L--I ~ ~ \ ~ . __J _C - h S ~ .-::~ ~,/ · MMI, þ. 1 , : '(\ ~ ¡ I J c~^PM^N '0.: --;;:v ~ l \ rT Mml:Q I lor ~--) - \ J-"_/f~ "I ( '-- :< I r:='Lì - \.. ~ 'J ~ C^'OIHM l\". ~l ì L 'OT.! . _ ~ ""-' '\ . (p J-;; ~~G ,= = U \ \-J L:y> ~~f rr -1 / - TR N c^tJ\oD V....<1 _ ty / 0...· ~ ~ '\: ~:::.- :¡;r~" D "' Ll ... ',,- 1/' 6 1\\ OO.ILjI ~ ~ ~ ~. _';-'1.-", \ \ J~ .- I I 1 ::: I-?~ \ \ " " 1 )" -;; I J".... -"~ I-r.;" ~. -i ",'WOOD o. P-\~~ = ~ ~ L~~ I 0 I ~ I 1\ IM~P~E"'Ç ~d ¡.... \ ~ I-- t I ~~ II I 1 I Df I I I I I J I r - . . 1" ·3000' . ... RD. r- ::RST^T~ LOOP 62C N. ..<.. [) It . ~ ;? ..... ~ ". - ill -L \1.'1:. ll" ~\ ---/"" , .to. .:: f':",y. ~o...~. ~+6<' n"L -<-' c" ". ...... ." 4,' -<-~ , ~'<.. ~1 ..).., ~ q,'<.. 6 ~'t' 3 G _ ø .1; ". ~, ) il~ ~ - ~-J.,"J ~ . ~~"'~ , 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 - SEPTEMBER 26,1994 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order September 26, 1994 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mark Wood Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro Tem Councilwoman Councilman Councilman Councilwoman e Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary City Engineer Absent: Lyle E. Welch Mack Garvin Rex McEntire Councilman Councilman Attorney 2. INVOCATION Councilman Oujesky gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING SEPTEMBER 12, 1994 APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky, to approve the -e minutes of the September 12,1994 City Council Meeting. Motion carried 5-0. e e . Minutes - 9/26/94 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. ANIMAL SHELTER ADVISORY BOARD MINUTES B. LIBRARY BOARD MINUTES C. PARKS AND RECREATION BOARD MINUTES No action. 6. PRESENTATION OF "YARD OF THE MONTH" AWARDS Mayor Brown and Ms. Deloris Pultz, Chairman of the Beautification Commission, presented the ''Yard of the Month" awards to the following: Richard & Maudie Rutledge, 4921 Holiday Lane Larry & Chrissie Kelly, 5641 Jamaica Circle The Jim Owen Family, 4800 Wedgeview Dr. John & Brigid Harrell, 7731 Bridal Wood Joe & Roxanna Mcintosh, 4817 Fairway Court 7. PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD Mayor Brown and Ms. Deloris Pultz presented the "Landscape of the Month" Award to TECNOL. A video tape of the bond issues was shown to the City Council. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (10,11,12,14,15,16,17,18,19, 20, 21, 22, 23, 24, 25, 26, 27 & 28) APPROVED Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. e e e Minutes - 9/26/94 Page 3 Motion carried 5-0. *10. PS 94-42 - REQUEST OF ALAN RILEY FOR REPLA T OF LOTS 58 AND 59, BLOCK 1, MEADOW LAKES ADDITION APPROVED *11. GN 94-119 - APPOINTMENT OF PERSONNEL RESOLUTION NO. 94-48 APPROVED *12. GN 94-120 - RATIFICATION OF LETTER RESOLUTION NO. 94-47 APPROVED 13. GN 94-121 - APPOINTMENT TO BEAUTIFICATION COMMISSION APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tem Wood, to approve the appointment of Glenn Nerwin to the Beautification Commission. Motion carried 5-0. *14. GN 94-122 - SETTING DATE FOR CANVASS OF BOND ELECTION APPROVED . *15. GN 94-123 - FAMILY AQUATIC PARK PHASE II CHANGE ORDER NO.1 APPROVED *16. GN 94-124 - APPROVAL OF ARBITRAGE REBATE SERVICES CONTRACT APPROVED e e e Minutes - 9/26/94 Page 4 *17. GN 94-125 - APPROVE INTERLOCAL AGREEMENT CONCERNING WATER AND WASTEWATER SERVICE BETWEEN THE CITY OF NORTH RICH LAND HILLS AND HALTOM CITY RESOLUTION NO. 94-49 APPROVED *18. GN 94-126 - CONTRACT WITH KPMG PEAT MARWICK TO CONDUCT SINGLE AUDIT FOR FEDERAL GRANT PROGRAMS APPROVED *19. PU 94-72 - AUTHORIZE PURCHASE OF MOBILE DATA TERMINAL APPROVED *20. PU 94-73 - AWARD BID FOR PAINTING OF MISCELLANEOUS CITY FACILITIES APPROVED *21. PU 94-74 - RATIFY PURCHASE OF PROPERTY FOR CITY HALL EXPANSION PROJECT - LOT 7, BLOCK 32, RICHLAND TERRACE ADDITION APPROVED *22. PU 94-75 - AWARD CONTRACT FOR UNIFORM CLEANING SERVICES APPROVED *23. PU 94-76 - AWARD CONTRACT FOR CITY HALL COPY MACHINE APPROVED *24. PW 94-32 - APPROVE CONSULTANT CONTRACT FOR TRAFFIC LIGHT SYNCHRONIZATION III PROJECT APPROVED e e e Minutes - 9/26/94 Page 5 *25. PW 94-33 - AWARD OF BID FOR PRECINCT LINE ROAD UTILITY ADJUSTMENTS,PHASEI APPROVED *26. PAY 94-23 - APPROVE FINAL PAY ESTIMATE NO.6 IN THE AMOUNT OF $15,146.70 TO LARRY H. JACKSON CONSTRUCTION COMPANY FOR NORTH FORTY AND GREENWOOD WAY DRAINAGE IMPROVEMENTS APPROVED *27. PAY 94-24 - APPROVE FINAL REIMBURSEMENT PAYMENT TO ARCO PIPE LINE COMPANY FOR ADJUSTMENTS ON STRUMMER DRIVE APPROVED *28. PAY 94-25 - FINAL PAYMENT TO CLIFFORD FOGUS COMPANY FOR PHASE I FAMILY AQUATIC PARK CONSTRUCTION APPROVED 29. CITIZENS PRESENTATION MR. FERNANDO OSPINA, 7213 COVENTRY COURT RE: REQUEST FOR "DEAD END" CLOSURE OF COVENTRY COURT Mr. Ospina appeared before the Council. Mr. Ospina asked the Council to make Coventry Court a dead-end street where it would intersect Hightower. Staff advised a barricade could be placed after Hightower was completed. The Police and Fire Departments had been notified and they had no objections. Mayor B~own advised Mr. Ospina that all the property owners on the Court would be n~tified and the Council would hold a public hearing. Mr. Dwayne Leslie, 7708 Ridgeway Ct., appeared before the Council. Mr. Leslie stated he felt that the road humps installed on Post Oak were larger than usual. e e e Minutes - 9/26/94 Page 6 Mr. Line advised Mr. Leslie that he had driven on Post Oak and felt the road humps were completed according to specifications. Some citizens asked that they be made larger. Mr. Leslie advised that the speed limit had also been lowered to 20 mph. Mr. Line advised those were not speed limit signs, only advisory signs. Mr. Leslie stated he felt that there was uncontrolled spending on the water park. He stated the City was spending all the money on one park and would not be able to finish the other parks. He felt the spending needed to be looked into. 30. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary e MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 3, 1994 - 5:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order October 3, 1994 at 5:30 p.m. ROLL CALL Present: Tommy Brown Mayor Lyle E. Welch Councilman Mack Garvin Councilman Mark Wood Mayor Pro Tem Jo Ann Johnson Councilwoman Byron Sibbet Councilman Staff: C.A. Sanford Deputy City Manager e Randy Shiflet Assistant City Manager Rex McEntire Attorney Absent: Ray Oujesky Councilman Linda Spurlock Councilwoman Rodger N. Line City Manager Jeanette Rewis City Secretary 2. CANVASSING BOND ELECTION- RESOLUTION NO. 94-50 APPROVED Mayor Brown presented the folldwing resolution canvassing the September 27, 1994 Bond Election: RESOLUTION NO. 94-50 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE BOND ELECTION HELD SEPTEMBER 27, 1994. . WHEREAS, an election was held in the City of North Richland Hills, Texas on the 27th day of September, 1994, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and e . . October 3, 1994 Page 2 WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for each polling place and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the sum of precinct totals "FOR" and "AGAINST" each measure submitted are as follows: PROPOSITION NUMBER 1 ''THE ISSUANCE OF $20,000,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" "FOR" 1,043 votes "AGAINST" 489 votes PROPOSITION NUMBER 2 ''THE ISSUANCE OF $1,865,000 GENERAL OBLIGATION BONDS FOR FLOOD CONTROUSTORM SEWER IMPROVEMENTS" "FOR" 1 ,002 votes "AGAINST" 526 votes PROPOSITION NUMBER 3 ''THE ISSUANCE OF $1,675,000 GENERAL OBLIGATION BONDS FOR . PUBLIC SAFETY FACILITIES AND EQUIPMENT (FIRE AND POLICE)" "FOR" 1,057 votes "AGAINST" 472 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: e October 3, 1994 Page 3 SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and, a majority of the electors voting at said election having voted in favor of propositions numbered 1, 2, and 3, the City Council is hereby declared to be authorized and empowered to issue bonds of the City in the amounts and for the purposes stated in said propositions numbered 1, 2, and 3; all as more fully set forth and identified above and in the proceedings ordering said bond election. SECTION 3: The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. e EXHIBIT A TABULATION OF VOTES RE: SPECIAL BOND ELECTION HELD SEPTEMBER 27,1994 NUMBER 1 'THE ISSUANCE OF $20,000,000 GENERAL OBLIGATION BONDS FOR· STREET IMPROVEMENTS" Election Precinct Election Precinct Election Precinct NUMBER 1 NUMBER 2 NUMBER 3 FOR AGAINST FOR AGAINST FOR AGAINST 163 79 248 101 246 145 Earty Voting Ballot Board PROPOSITION FOR AGAINST 386 164 NUMBER 2 'THE ISSUANCE OF $1,865,000 GENERAL OBLIGATION BONDS FOR FLOOD CONTROUSTORM SEWER IMPROVEMENTS" NUMBER 3 'THE ISSUANCE OF $1,675,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETŸ FACILITIES AND EQUIPMENT (FIRE AND POLICE)" 160 82 233 115 244 146 365 183 170 71 240 109 258 133 389 159 . e October 3, 1994 Page 4 Councilwoman Johnson moved, seconded by Councilman Sibbet, to approve Resolution No. 94-50. Motion carried 5-0. 3. APPOINTMENT OF INTERIM CITY MANAGER APPROVED Mayor Pro Tem Wood moved, seconded by Councilman Sibbet, to approve the memo from Mayor Brown appointing C.A. Sanford Interim City Manager. Motion carried 5-0. 4. ADJOURNMENT Mayor Brown adjourned the meeting. e Tommy Brown - Mayor ATTEST: Jeanette Rewis -' City Secretary . e e e MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE LIBRARY BOARD, COMMUNITY CENTER COMPLEX AT 6720 NORTHEAST LOOP 820 SEPTEMBER 6, 1994 - 6:30P.M. ATTENDANCE Present: Sharon Battles Rick Work Ann Perchard Bobbie Lambert Pam Jackson Vice Chairwoman Board Member Board Member Board Member Board Member STAFF: Jim Browne Bill Thornton Monica Sue Walsh Chris Lopez Director of Parks & Recreation Assistant Director of Parks & Recreation Assistant Director of Parks & Recreation Parks & Recreation Secretary Absent : Don Tipps J. Douglass Davis Denny Stout Chairperson Board Member Board Member 1. CALL TO ORDER Ms. Battles called the meeting to order September 6, 1994 at 6:34 P.M. 2. APPROVAL OF THE MINUTES (Passed 4-0) Ms. Perchard made a motion, seconded by Mr. Lambert, to approve the minutes of the August 1 1994 meeting. Motion carried 4-0. 3. PARKS, PUBLIC GROUNDS, AND CIP REPORTS Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and special projects covered by both divisions. The Family Aquatic Park's bid opening, bids came in over budget. Staff and consultants are working very closely to develop alternatives and "value engineering" to reduce costs. Further discussion was held. 4. RECREATION, ATHLETICS AND SENIOR ADULT SERVICES Ms. Walsh provided a report of activities in recreation, athletics, and senior adult services. The Teen After School Program (TASP) has been approved by City Council for funding ($29,700). The program will be held at North Richland Middle School for teenagers ages 11-14 during the 94/95 school year. TASP's Mission Statement expresses recreation, sports, social and educational programming after school for middle school students in a safe and positive environment. Ms. Loftice, Recreation Superintendent, is the staff member responsible for making this program happen. ADA compliances should be completed by the end of the 1994 year. 5. ELECTION OF PARKS AND RECREATION BOARD OFFICERS (Passed 4-0) The floor was opened for nominations for the office of Chairperson. Ms. Perchard nominated Mr. Tipps (who had sent a message expressing his desire to serve another term if elected). Mr. Lambert amended Ms. Perchard's nomination to maintain the current officers for one year. Ms. Perchard second the nomination. Vote was unanimous that Mr. Tipps will remain the chairman and Ms. Battles will remain the Vice Chairwoman. 6. OTHER ITEMS NOT ON AGENDA Mr. Browne presented to the Board suggested names that the marketing consultants had developed for the Family Aquatic Park. Discussion was held and Board input will be forwarded to the marketing consultant. Mr. Browne requested the Board "Naming Committee" select a chairperson. Ann Perchard, Pam Jackson and Sharon Battles will join J. Douglass Davis and Denny Stout in this committee. Ms. Perchard requested that Ms. Battles chair this committee. Ms. Battles agreed. Ms. Walsh reminded the Board of "SportsFest" and encouraged the Board to participate in as many events as possible. Ms. Battles inquired as to the reason for not installing wood floors into the dance studio. Mr. Browne informed the Board that funding was approved for the gym and aerobics studio. A letter was received requesting a wood floor for the dance studio. Ms. Walsh is responding. Plans are being made for the groundbreaking C?f the Tennis Center. Ms. Debbie Stowe, Vice President of RYA, stated that the fields were not ready, but should be by next week. Also 300 girls had registered for cheerleading. 7. Parks and Recreation Board Minutes - September 6, 1994 2 e e - ADJOURNMENT (Passed 4-0) Ms. Battles made a motion, seconded by Mr. Lambert, to adjourn the meeting at 7:50 P.M. Motion carried 4-0. ¿ /ì L _0 D~ ATTEST: Parks and Recreation Board Minutes - September 6, 1994 3 CITY OF NORTH RICHLAND HILLS Department: abject: Planning and Inspections ~ Council Meeting Date: 10/10/94 Public Hearing to consider revisions to the Zoning Ordinance No. 1874 regarding the Landscaping Requirement. ' Agenda Number: PZ 94-18 Ordinance No. 2016 Over the past several months, there has been some confusion related to certain types of plants qualifying for enhanced landscaping credit. The Zoning Ordinance allows the land area of the landscaping on a lot to be reduced provided certain enhancements are made with trees and shrubs. Since the credit for trees and shrubs is based on the height of the plant, it is possible for some shrubs to qualify as trees and vice-versa. Attached is a proposed amendment to the Zoning Ordinance that will amend the landscaping regulations to include a plant list of trees and shrubs that will qualify for credit. The proposed amendment will only allow landscaping credits for those trees and shrubs listed in the table. A developer could still use any plant he or she desires in the landscaping plan; however, to receive credit to reduce the area of required landscaping, only the plants contained in the plant list will qualify. For example, a 100,000 square foot lot is required to have 15,000 square feet of landscaping. The developer could reduce the required area to 7,500 square feet provided enhancements are made by either planting new trees or shrubs that are on the proposed list, or by retaining any listed existing tree or shrub on the site. The Planning and Zoning Commission considered this amendment at its September 22, 1994 meeting and recommended approval. RECOMMENDA nON: It is recommended that the .Çity Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. . artment Head Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available .éi~ Source of Funds: Bonds (GO/Rev.) .perating Budget th~ {4 . Finance Director Paqe 1 of ORDINANCE NO. 2016 . AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING THE LANDSCAPING REQUIREMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 9, Section 900 F. Landscaping Credits, be hereby amended to read as follows: F. Landscaping Credits As an alternative to the required fifteen percent total landscaped area, landscape credits may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than seven and one-half percent of the total land area. Credits are only allowed if the feature is maintained as a pennanent element of the Landscape Plan. Credits are allowed as follows: . I. Credit for Shrubs: Credit shall be allowed according to Table 9-A. Any plant type or species may be used in the landscaping plan; however, landscaping credit shall be allowed only for those shrubs contained in Table 9-8. Table 9-A Equivalent Landscape Area for Shrubs _ Height of Shrubs Above Finished Grade. When Planted Equivalent Landscaped Area Credits (square feet) I' 2' 3' 4' 5' and above 10 sq. ft. 15 sq. ft. 20 sq. ft. 25 sq. ft. 30 sq. ft. Table 9-B Recommended Plant List for Shrubs . Azaleas Boxwood Cherry Laurel Crape Myrtle Dogwood Dwarf Buford Holly Dwarf Chinese Holly Dwarf Yaupon Holly Common Name Botanical Name Rhododendron Buxus microphylla 'Japonica' Prunus caroliniana Lagerstroemia indica Cornus florida IIex cornuta 'Bufordii nana' IIex cornuta 'Rotunda' IIex vomitoria 'nana' Elaeagnus Flowering Quince Forsythia Forsythia Golden Raintree Japanese Barberry Japanese Black Pine Japanese Ligustrum Nandina Pampas Grass Photinia Possumhaw Holly Purple leaf Plum Red Cedar Sea Green Juniper Spiraea 'Bridal Wreath' Sumac Tamarix Juniper Texas Sage Texas Sophora Yaup on Holly Elaeagnus pungens Chanomeles 'Texas Scarlet' Forsythia intermedia Forsythia intermedia 'Lynwood Gold' Koelreuteria paniculata Berberis thunbergi Pinus thunbergi Ligustrum lucidum Nandina domestica Cordateria Selloana Photinia Fraseri Ilex decidua Prunus cerasifera Juniperus virginiana Juniperus Chinensis 'Sea Green' Spiraea prunifolia Rhus typhina Juniperus sabina 'Tamariscfolia' Leucophyllum futescens compacta Sophora affmis Ilex vomitoria 2. Credit for Trees: Credit shall be allowed according to Table 9-C. Any plant type or species may be used in the landscaping plan; however, landscaping credit shall be allowed only for those shrubs contained in Table 9-D. Table 9-!: Equivalent Landscape Area for Trees Height of Trees Above Finished Grade. When Planted Equivalent Landscaped Area Credits (square feeO 6' 7' 8' 9' 10' 11' 12' 13' 14' 15' 16' and above r 90 sq. ft. 130 sq. ft. - 180 sq. ft. . "240 sq. ft. 300 sq. ft. 370 sq. ft. 440 sq. ft. 500 sq. ft. 590 sq. ft. 650 sq. ft. 760 sq. ft. Table 9-D Recommended Plant List for Trees Common Name B!\ld Cypress Bradford Pear Bur Oak Cedar Elm Cedar Elm Chinese Pistachio Chinese Tallow Chinquapin Oak Botanical Name Taxodium distichum Pyrus calleryana 'Bradford' Quercus macrocarpa Ulmus crassifloia Ulmus crassifolia Pistacia chinensis Sapium sebiferum Quercus muehlengergi Ordinance No. 2016 Page 2 . Crabapple Deodar Cedar Ginkgo Green Ash Honeylocust Lacebark Elm Live Oak Mesquite Pecan Post Oak Red Oak Redbud Silver Maple Southern Magnolia Sweetgum Sycamore Texas Red Oak Weeping Willow White Ash Malus Cedrus deodara Ginkgo biloba Fraxinus pennsylvania Gladitsia triancanthos Ulmus parvifolia Quercus virginiana Prosopis glandulosa Carya illinoensis Wuercus glauco ides Quercus Shumardii Cercis canadensis Acer saccharinum Magnolia grandiflora Liquidambar styraciflua Platanus occidentalis Quercus texana Salix babylonica Fraxinus americana 2. 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 .valid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended b~ this ordinance. 4. -EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 22nd DAY OF SEPTEMBER, 1994. Chainnan, Planning and Zoning Commission Secretary, Planning and Zoning Commission . . Ordinance No. 2016 Page 3 PASSED AND APPROVED BY THE CITY COUNCIL THIS 1 Oth DAY OF OCTOBER 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 r Ordinance No. 2016 Page 4 PZ Minutes - Page 4 September 22, 1994 . 5. PZ 94-18 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding the Landscaping Requirement. Mr. Husband stated there has been confusion over what types of plants would be considered trees and shrubs. He stated the proposed ordinance includes a recommended list of plants. He stated only the plants included on the list would qualify as enhancements to reduce the amount of landscaping on a lot. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Barfield stated to avoid any future inconsistencies, they should vote on this tonight. Mr. Davis stated this will help the developer and staff. Mr. Lueck asked if the list prevents other types of plants from being used in the landscaping plan. Mr. Husband stated no. He stated the listed plants would only apply to reduce the amount of landscaping on the lot. There being no one wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Baxter made the motion to approve PZ 94-18 as presented. The motion was seconded by Ms. Spicer. The motion carried 6-0. . 6. PZ 94-19 blic Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding i-Family Regulations. Mr. H and stated the proposed ordinance incorporates the concerns and wishes stated by the Com 'ssion and City Council in the joint workshop held recently. He stated a masonry screening I would be required between an apartment complex and any other use. He stated a peri er fence along street rights-of-way would also be required, and 40-percent of that fence coul e wrought iron. Mr. Husband ståted a covered parking requirement has been added, incl . g 40-percent of the required covered spaces to be in an enclosed garage. He stated·ttì is also a requirement for recreation space on the lot. He stated a gated entry would also required. He stated that every request for a building permit for an apartment complex wou equire site plan approval by the Commission and City Council. Mr. Husband stated there i so a height requirement adjacent to single-family areas. He stated the minimum lot area a density has nQt changed. Mr. Bowen asked if the perimeter eening requirement in this ordinance would preempt the regular masonry screening wall r Mr. Lueck stated he would like to see the ular screening wall requirement for apartments also. Mr. Davis stated if it is required for single-family velopers, it should be required for apartments as well. He stated it would be more co 'stent if they were the same. . Mr. Barfield stated sometimes a combination of berms a satisfactory since there will probably be more room to wo Mr. Davis stated the site plan could cover those issues. Mr. Baxter asked if the site plan review by the Commission and Cou review. CITY OF NORTH RICHLAND HILLS Department: .bject: P1:mnine; ;mcl Tnc::rection~ ~ Council Meeting Date: 10/10/94 P'lblk He"ring tn r.nn<:icler revi~ion~ to the Zoning Ordinance No. 1874 regarding the Multi-Family Residential regulations. Agenda Number: PZ 94-19 Ordinance No. 2015 Attached is a proposed revision to the zoning regulations regarding the R-7-MF Multi-Family Residential zoning district. The amendments represent the comments and suggestions offered at the Planning and Zoning Commission workshop held on September 13, 1994. The proposed regulations include the following amenities that are not currently required in the regulations: · Masonry screening fences along C4U and larger roadways and between multi-family and single family developments · Screening fences of masonry and wrought iron along C2U and R2U roadways, and between multi-family developments and parks or dedicated open spaces · One covered parking space for each living unit, with 40% of the covered spaces to be in an enclosed garage · Ten percent of the site reserved for indoor and/or outdoor recreation facilities such as clubhouses, swimming pools, and jogging trails . Security gates at all entrances · Exterior wall surfaces of at least 65% masonry The regulations will also require approval of a Site Plan by the Planning and Zoning Commission and City Council for every multi- family building permit request. The maximum height limit has also been modified to require single-story structures within 6O-feet of a single-family district, ancLa 2: 1 height allowance beyond 6O-feet. The maximum height of any structure is limited to 50 feet. .e maximum allowable density of 16 units per acre and the minimum lot size of 4 acres has not changed. The Planning and Zoning Commission considered this item at its September 22, 1994 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider1h.e recommendation of the Planning and Zoning Commission. - Finance Review Source of Funds: Bonds (GO/Rev.) .perating Budget _ ther ft--ft- .....~¡r,(')...- e P. ~.J... Depart t Head Signature ~i~- MJnager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director Paqe 1 of · ORDINANCE NO. 2015 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AMEND REGULATIONS FOR MULTI-FAMILY DEVELOPMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a proposal to amend the R-7-MF Multi-Family District regulations; and WHEREAS, the Planning and Zoning Commission has recommended that the sections, paragraphs, and sentences applicable to the R-7-MF Multi-Family District be amended; and WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 430, R-7-MF Multi-Family District regulations be and are hereby amended to read in its entirety as follows: eection 430. R-7-MF MULTIFAMILY DISTRICT A. Purpose R-7-MF District Multi-Family Residential District is intended to provide areas for high density development of apartment type attached dwelling units. B. Permitted Uses Uses permitted within the R-7-MF district are provided in Section 310, Table of Permitted Uses. C. Lot and Area Requirements The following lot and area requirements shall be required of all development located within R-7-MF District: e Description 1. Minimum Lot Area 2. Minimum Lot Width 3. Minimum Lot Depth 4. Minimum Dwelling Unit Size 5. Minimum Front Building Line 6. Minimum Side Building Line 7. Minimum Rear Building Line 8. Rear Yard Open Space Area 9. Maximum Density 10. Maximum Height 11. Maximum Number of Stories 12. Maximum Lot Coverage 13. Spacing of Buildings R-7-MF 4 acres r 200 ft. 11 0 ft. 650 sq. ft. 25 ft. 15 ft. I 25 ft. Established by building line set backs. 16 dwelling units per acre 50 ft. See note 2 40% See note 3 1 Fifteen feet for one story buildings and an additional frve feet for each story thereafter. Ordinance No. 20 I 5 Pagel 2 Buildings placed within sixty feet of property lines adjacent to R-I, R-I-S, R-2, or R-3 Districts shall be single story. Beginning at 60 feet from said property line additional height of structures shall be allowed at a ratio of 2: I slope until maximum height of 50feet is obtained. 3 When the exterior walls of one building or of adjacent buildings are within sixty degrees of being parallel and neither contains windows or doors, .~uch walls shall be separated by not less than ten feet of open space. When the exterior walls of one building or of adjacent buildings are within sixty degrees of being parallel and one but not both contains windows or doors, such walls shall be separated by not less than fifteen feet of open space. When the exterior walls of one building or of adjacent buildings are within sixty degrees of being parallel and both contain windows or doors such walls shall be separated by not less than twenty feet of open space. D. General Conditions The following general conditions shall be required of all development located within the R-7-MF District: 1. Fences: A six (6) foot masonry screening wall is required between certain adjacent properties and along C4U or larger thoroughfares. A six (6) foot perimeter screening fence constructed of masonry or a combination of masonry and wrought iron is required along C2U and R2U thoroughfares, and between parks and other dedicated open spaces. Refer to Article 9, Section 920, Walls and Fences for these requirements. 2. Parking: The ratio of covered parking space per living unit shall be one space required for each living unit within the multi-family development. A minimum of 40% of all covered spaces shall be in an enclosed and secured garage. All covered parking shall be located within 200 feet from the dwelling unit utilizing the space. See Article 7, Section 700 E for parking dimension regulations. See Appendix F - Minimum Number of Parking Spaces. 3. Accessory Buildings: See Article 6, Sections 600 F & G for accessory building regulations. 4. Customary Home Occupations: See Article 6, Section 600 T for home occupation regulations. 5. Garage Requirement: Garages or carports shall not be permitted within any required yard, easement, or right-of-way. In addition, no garage in a multi-family development shall be less than 240 square feet for a garage structure designed to accommodate a single vehicle, nor less than 200 square for each vehicle space in a garage designed to accommodate multiple vehicles. 6. Masonry Requirement: See Article 6, Section 600 for residential masonry regulations 7. Landscaping Requirement: In addition to paved parking and driving areas, at least fifteen percent (15%) of the lot shall be maintained in landscaped open area. See Article 9, Section 900 for landscaping regulations. If parking and maneuvering space exceeds one acre, at least five (5) percent thereof shall be maintained as landscaped area, with adequate and inconspicuou~ irrigation systems. 8. Recreation Space Requirement: At least ten (10) percent of the total lot shall be utilized for common recreation space. The common recreation space may be indoor or outdoor space, including but not limited to, clubhouses, picnic areas, swimming pools, tennislbasketball courts, volleyball courts, and jogging trails. That area which is used for recreation space and consists of live plant material may also be utilized in satisfying the landscape requirement. All common recreation space shall be designed such, or screèned with li~e plant materials, that they are not visible to any public dedicated street right-of- way or from adjacent properties. 9. Signs: See Article 8, Section 800 for sign regulations 10. Refuse cõntainers: All refuse containers shall be screened from view of adjacent property or public streets with an enclosure of masonry construction. A refuse container shall not be located in any required yard, easement, or right-of-way. 11. Gated Entry: All multi-family developments shall provide for secured and controlled access to the development. Gated Entries utilizing guard stations and/or security gates shall be required. 12. Site Plan Approval Required: Upon review by the Building Official and prior to the issuance of a building permit for any multi-family development, a site plan, in accordance with the requirements of Section 510, shall be approved by the City Council after recommendation by the Planning and Zoning Commission. Ordinance No. 2015 Page 2 . E. Zoning Request Submission Requirements Zoning request for this district must include as a minimum a site plan showing proposed grade and sizes for each lot, building lines for each lot, parking for each lot, access to public streets, proposed open spaces and recreation areas, elevations and building materials, proposed areas for refuse containers, exterior elevations and a survey of the tract. Survey shall not be more than one year old. 2. THAT, Section 920, Screening Wall and Fence Regulations be and are hereby amended to include the following: 4. R-7-MF Multi-Family Residential Zoned Districts Perimeter screening abutting public street right-of-way, parks, or other dedicated open space shall be provided as follows: a. Where a proposed multi-family development is adjacent to a C4U thoroughfare, or larger, as shown on the Master Thoroughfare Plan, said screening shall consist of a permanent decorative masonry screening wall, not less than six (6) feet in height, constructed along and adjacent to said thoroughfare. b. Where a proposed multi-family development is adjac~nt to a C2U or R2U thoroughfare, park, or other dedicated open space, said screening shall consist of a permanent decorative screening wall of masonry, stone, or wrought iron type construction, or a combination thereof, not less than six (6) feet in height. Wrought iron material shall not exceed 40% of the total wall face, including columns. c. Perimeter screening shall be constructed prior to the issuance of a Certificate of Occupancy. 3. .T, Appendix F - Schedule of Minimum Number of Parking Spaces be and are hereby amended to include the following: Use Number of Parking Spaces Required for Each Additional Requirements (c) Apartment I 2 2.5 Efficiency Unit One Bedroom Unit Two Bedroom or more Unit 4. THAT, Sections 900 E and F - Landscaping Regulations be and are hereby amended to read as follows: r E. Required Landscaped Area Every platted lot, as required by this Section, shall provide a landscaped area equivalent to fifteen (15) percent of the total land area of the lot. With the exception of the R-7-MF District, at least one-half of the required total landscaped area 'Shall be located in the street yards. All ground surfaces not used for building, sidewalks, roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate material. F. Landscaping Credits With the exception of the R-7-MF District all district subject shall be provided the option of utilizing landscaping credits to reduce the amount of landscaping. As an alternative to the required fifteen percent total landscaped area, landscape credits may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no . instance shall the credits reduce the total amount of landscaping on a lot to less than seven and one-half percent of the total land area. Credits are only allowed if the feature is maintained as a permanent element of the Landscape Plan. Credits are allowed as follows: Ordinance No. 201 S Page 3 5. THAT, Section 600 A - Masonry Requirements be and are hereby amended to read in its entirety to read as follows: A. Masonry Requirement for Certain Residential Buildings 1. The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in the R-l, R-l- S, R-2, R-3, R-4-D, R-6- T, and R-8 Zoning Districts shall consist of at least seventy-five percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. The exterior wall surface, as viewed from each primary elevation, of all permanent structures constructed in the R-7-MF Zoning District shall consist of at least sixty-five percent (65%) brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. For the purposes of this requirement, the exterior wall surface shall be defined as the area between the wall comers extending from the top of the foundation up to the door or window header height of the first floor, whichever is greater. The area of door and window openings shall not be included in the calculation of this requirement. 6. 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. 7. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance ofthe City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 22ND DAY OF SEPTEMBER, 1994. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Ordinance No. 2015 Page 4 PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF OCTOBER,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. 201 S Page S PZ Minutes - Page 4 September 22,1994 5. PZ 94-18 Public Hearing to consider an amendment to the Zonin rdinance No. 1874 regarding the Landscaping Requirement. Mr. Husband stated there has been confusion ove hat types of plants would be considered trees and shrubs. He stated the proposed ordin ce includes a recommended list of plants. He stated only the plants included on the list uld qualify as enhancements to reduce the amount of landscaping on a lot. Vice-Chairman Barfield opened the P c Hearing and called for those wishing to speak to come forward at this time. Mr. Barfield stated to avoid an ture inconsistencies, they should vote on this tonight. the developer and staff. Mr. Lueck asked if th st prevents other types of plants from being used in the landscaping plan. ed no. He stated the listed plants would only apply to reduce the amount on the lot. ng no one wishing to speak, Vice-Chairman Barfield closed the Public Hearing. axter made the motion to approve PZ 94-18 as presented. The motion was seconded Ms. Spicer. The motion carri 6. PZ 94-19 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Multi-Family Regulations. Mr. Husband stated the proposed ordinance incorporates the concerns and wishes stated by the Commission and City Council in the joint workshop held recently. He stated a masonry screening wall would be required between an apartment complex and any other use. He stated a perimeter fence along street rights-of-way would also be required, and 40-percent of that fence could be wrought iron. Mr. Husband stàted a covered parking requirement has been added, including 40-percent of the required covered spaces to be in an enclosed garage. He stated·there is also a requirement for recreation space on the lot. He stated a gated entry would also be required. He stated that every request for a building permit for an apartment complex would require site plan approval by the Commission and City Council. Mr. Husband stated there is also a height requirement adjacent to single-family areas. He stated the minimum lot area and density has nQt changed. Mr. Bowen asked if the perimeter screening requirement in this ordinance would preempt the regular masonry screening wall requirement. Mr. Lueck stated he would like to see the regular screening wall requirement for apartments also. Mr. Davis stated if it is required for single-family developers, it should be required for apartments as well. He stated it would be more consistent if they were the same. Mr. Barfield stated sometimes a combination of berms and wrought iron might be satisfactory since there will probably be more room to work with. Mr. Davis stated the site plan could cover those issues. Mr. Baxter asked if the site plan review by the Commission and Council would be after staff review. PZ Minutes - Page 5 September 22, 1994 . Mr. Husband stated yes. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Davis made the motion to approve PZ 94-19 subject to the discussed changes regarding the perimeter masonry screening wall, the site plan review, and recreational facilities. The motion was seconded by Mr. Bowen. The motion carried 6-0. 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CD 01 0 01 N N -" W 0 CD 0) W N -" 2- 0 0 0 0> -.... 0 .þ. 0) 0 N 0 N N 00 .þ. .þ. 0 0 0 CD -" N ~ c ;::;: T' ï1 Q) 3 . ~ C r ï1 » ~ r -< X r en "tJ II) (C II) õ) '< en ëiï õ' .., z :;c I CITY OF NORTH RICHLAND HILLS Department: abject: Planning and Inspections ~ Council Meeting Date: 10/1 0/94 Pnhlk Hearing to consider the request of the Richland Hills Church of Christ for Planned Development Number 19 and Site Plan Amendment on a portion of Lot 3, Block 7R, Meadow Lakes Addition. (Located in the 4900 block of Meadow Lakes Drive) Agenda Number: PZ 94-20 Ordinance No. 2014 Richland Hills Church of Christ is the owner of a portion of Block 7 in the Meadow Lakes ·subdivision. This property is adjacent to the Church's Garden of Prayer and across the street from the main church building. Planned Development Number 5 was approved in 1988 for a retirement center on this property. As part of the Planned Development, a Site Plan was submitted and approved. The Church has done some major modifications to the site plan, and the Zoning Regulations require a revised site plan to be approved by the City Council upon recommendation of the Planning and Zoning Commission. The following are some of the highlights of the site plan: 1. 2. 3. 4. . 5. Both proposals show buildings situated on different parts of the property. The original site plan has the buildings in what is now the Garden of Prayer. The revised site plan moves the buildings to the north, abutting the Garden of Prayer. The building layout has changed from the previous site plan. The original building design was a cross-shaped structure. The proposed building is more linear, following the curvature of Meadow Lakes Drive. The number of units has increased from 110 to 122. Both proposals are three story buildings. The number of parking spaces has increased from 51 to 85. Of the 85 proposed spaces, 10 are handicapped accessible, 2 are van accessible, 10 are for visitors, and the remaining 63 are for staff and residents. The owner has indicated there will be three signs on the property, one at each entrance to the property. The signs will be approximately 15 square feet each, mounted at low grade. In order to provide for accurate record keeping, the Commission recommended that this site plan be incorporated into a new Planned Development District Number 19. This will distinguish the retirement center from the existing church and Community Enrichment Center. An ordinance creating this new district is attached. The Planning and Zoning Commission considered this request at its September 22, 1994 meeting and recommended approval subject to the following modifications: the proposed building addition be deleted from the site plan, that no parking be allowed on Meadow Lakes Drive, and that a shared parking agreement be executed between the Church and the future owner of this property to allow tþe úse ofa portion of the church parking area for the retirement center. RECOMMENDATION: ~ It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and - Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) _ .perating Budget _ ther ~- ~M1 Ci~' Depart Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Fmance Director Paqe 1 of . ORDINANCE NO. 2014 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER NINETEEN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a portion of Lot 3, Block 7, Meadow Lakes Addition, containing approximately 10.0 acres, located on the west side of Meadow Lakes Drive, on the south side of I.H. Loop 820 is currently designated as Planned Development District Number 5, for a congregate housing development, and WHEREAS, the Planning and Zoning Commission has reviewed a proposal for a retirement center; and WHEREAS, the Planning and Zoning Commission has recommended that Planned Development District Number 5 be amended to provide land use compatibility with adjacent properties; and WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by establishing PLANNED DEVELOPMENT DISTRICT NUMBER 19, by eanging the said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Planned Development District Number 19 be hereby established in Case Number PZ 94-20, on the properties described as follows: BEING a portion of Lot 3, Block 7, Meadow Lakes Addition to the City of North Richland Hills, Texas, containing approximately 10.0 acres, and located on the west side of Meadow Lakes Drive and south ofI.H. Loop 820, also being the area shown on the attached Exhibit "A". 2. THAT, the developme-nt regulations for Planned Development District Number 19 shall be as follows: L Purpose: Plannetl Development District Number 19 is intended to provide for a Retirement Center with development regulations similar to the C 1 district, except where modified herein. . 2. Permitted Uses: Retirement Center, not to exceed 122 units, contained within a three-story structure. Ord.2014 Page I 3. Lot Area Requirements: a. Minimum Lot Area: 1 acre b. Minimum Front Building Line: 25 ft. c. Minimum Side Building Line: 15 ft. d. Minimum Rear Building Line: 25 ft. e. Maximum Structure Height: three story structure f. Maximum Lot Coverage: 50 percent 4. Site Plan: Development consistent with the Site Plan attached as Exhibit "B". 5. Building Elevations: Consistent with the attached Exhibit "C". 5. Parking: As required by Article 7, Sections 700 and 710, Parking and Loading Requirements, Ordinance 1874, as amended. On-street parking shall not be allowed on Meadow Lakes Drive across the frontage of this property. 6. Accessory Buildings: As required for the C-I District by Article 6, Sections 600 F & G, Accessory Buildings, Ordinance 1874, as amended. 7. Masonry Requirement: As required for the C-l District by Article 6, Section 600 B, Masonry Requirements, Ordinance 1874, as amended. 8. Landscaping Requirement: As required for the C-I District by Article 9, Section 900, Landscaping Standards, Ordinance 1874, as amended. 9. Signs: Only Monument Signs which comply with Article 8, Sign Regulations, as amended, shall be allowed as pennanent signage. Temporary and Semi-Pennanent Signs as allowed by Article 8, Sign Regulations, as amended. 10. Refuse Facilities: All refuse containers shall be screened from view of all adjacent properties and public streets. 11. Noise: As required for the C-I District, Ordinance 1874, as amended. 3. That, the Official Zon_ing Map be redrawn to incorporate this Planned Development District. 4. That, when uncertainty exists between the regulatio,ns contained in this Ordinance and the Zoning Regulations contained in Ordinance 1874, as amended, the provisions for the C-l Commercial Zoning District shall prevail. 5. That, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the tenns of this Planned Development District Number 19, shall remain in effect regarding this property. 6. 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 Ord.2014 Page 2 .dinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such validity 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. 7. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 22nd DAY OF SEPTEMBER, 1994. Chainnan, Planning and Zoning Commission Secretary, Planning and Zoning Commission . PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF OCTOBER, 1994. Mayor, City of North Richland Hills, Texas A TIEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City . Ord.2014 Page 3 TAACI ~ Exhibit A PO-19 ". \ I I I I I I / /. / ~.... \ ~"s í~\..\í~RV~'" V\9 N. E, ~ L o o p ) JR 'c '.7"~ þ/;; ( \ \ .J ". I JR.W I / I / I ---l--:~---- ...... ,- I I ..00' µÞs ----~~----- 8 ."" 21.10 . ---- ----- SITE. JR,,. 24,'~ M; . .-.~ ,. . . / , :-t¡ // Þ / I <:> I .~ ~!.. '<Y~i tD~!)! "Þ ",IE ,I ~I ¡~ ~ ;\ . I .' .,.' I ..:/. / ..' .... 4,/);)/ rr ( . ...... ~ ,,-~ / é/ e. I / I / I . -a5 =-. . =' --. c=- D:I .... Exhibit C PO-19 Meadow Lakes Proposed Elevation Building Elevation PZ Minutes - Page 3 September 22, 1994 _NING CASES 4. PZ 94-20 Public Hearing to consider the request of Richland Hills Church of Christ for a Planned Development and Site Plan on a portion of Block 7, Meadow lakes Drive. This property is located in the 4900 block of Meadow lakes Drive. Mr. Husband stated the Church of Christ has submitted an amended Site Plan of a parcel of land located just west of the Church. He stated there was a retirement center proposed for the site in 1988, but the design has changed somewhat. He stated the Church is required by the Ordinance to submit an amended site plan for review by the Commission. Mr. Husband stated the changes included the building layout, the number of units, and the number of parking spaces. He stated the attached ordinance would create a new Planned Development district for this use. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Gary Staats, with the Covenant Group, Fort Worth, came forward to speak. He stated Mr. Charlie Owens is also in attendance to represent the Church. . Mr. Barfield stated the site plan shows a proposed building addition. He stated if the addition is to remain on the site plan, he would need to show proposed parking for the addition. He stated his concerns over the small amount of parking on the lot. Mr. Barfield stated there will be times when parking would not be adequate. He stated they would not want parking on Meadow lakes Drive. He stated they would like to see some type of parking agreement to allow the retirement center to use the church parking lot. Mr. Davis stated this type of development is needed in the community. He asked if the site plan could include a no-parking area along Meadow lakes Drive. Mr. Staats stated yes. Mr. Davis asked if it is possible for the church to enter into an agreement with the retirement center for shared parking. . - Mr. Owens stated the parking area there is seldom used. He stated he does not see a problem with that requirement. Mr. Baxter asked if the proposed lake is part of the drainage system or is it ornamental. Mr. Staats statea it is mainly an ornamental lake. He stated it may naturally be a part of the drainage system but it is not intended for such. He stated the pre-marketing has gone very well and several persons have placed deposits for units when the building is complete. Ms. Spicer asked what the material for the first floor is. Mr. Staats the building is all brick, but the floors may be of different colors. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Hearing. . Mr. Davis made the motion to approve PZ 94-20 subject to the proposed building addition being deleted fr.om the site plan, no parking on Meadow lakes Drive, and the execution of a shared parking agreement between the Church and the future owner of this property to allow the use of part of the church parking lot by the retirement center. The motion was seconded by Mr. Baxter. The motion carried 6-0. Zoning Case Review Fact Sheet Case No. PZ 94-20 Hearing Dates: PZ 9/22/94 CC 10/10/94 REQUEST: Site Plan Amendment and Planned Development APPLICANT: The Covenant Group for the Richland Hills Church of Christ PROPERTY OWNER: Richland Hills Church of Christ, NRH TX SIZE AND LOCATION: Approximately SITE CHARACTERISTICS: Vacant property. Heavily wooded with railroad tracks on western boundary. Private park/garden to the south with several minor structures. PROPOSED USE: Retirement Center ALLOWED USE: Retirement Center allowed as part of approved Planned Development No.5 ADJACENT ZONING/LAND USES North South East West PD-7: C-ommunity Enrichment Center U: portion of Iron Horse Golf Course PD-5: existing church City of Haltom City: portion of Iron Horse Golf Course DRAINAGE According to Flood Insurance Rate Maps, a portion ofthis property lies within a 100-year or 500-year flood plain. The area is a small narrow strip ofland located at the southwest portion of the lot between the railroad tracks and the TV easement. THOROUGHFARE PLAN Access to this property is from Meadow Lakes Drive, classified as a C2U Minor Collector on the Master ThofQughfare Plan. An C2U requires 60 feet of right-of-way, and is a 2-lane undivided roadway. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for institutional development in this area. This request is consistent with the Plan. ZONING mSTORY This property was originally zoned AG Agriculture in 1967. Around 1972, the zoning on the property was changed to LR Local Retail. When the zoning map was revised in 1984, the property became a Planned _ Development for multi-family development as part of the Meadow Lakes plan. The property eventually became a PD for - Institutional development upon construction of the Richland Hills Church of Christ. This property became PD-5 in 1993 when the zoning map was revised to incorporate all Planned Development that had been done in the past. PD- 7, approved in 1992 on the property to the north, was amended for a building expansion for the Community Enrichment Center. APPLICATION FOR A PLANNED DEVELOPMENT City 01 North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 817 - 581 - 5515 (PI....p-int'fOUl'esponses) T 1. APPLICANT INFORMATION f applicant / agent: Richland Hills Church of Christ by The Covenant Group, Inc. developer/mana er Street address of applicant / agent: 5601 Bridge Street, Suite 200 City / State / Zip Code of applicant / agent: Fort Worth, Texas 76112 PART 2. PROPERTY OWNER INFORMATION Telephone number of applicant / agent: 817/446-4792 Name of property owner: Richland Hills Church of Christ, AT TN: Charles Owen Street address of property owner: 6300 N.E. Loop 820 817/281-0773 Charles Ow n 817/568-0083 City / State / Zip Code of property owner: North Richland Hills, Texas 76180 Telephone number of property owner: Note: Attach letter or affidavit from property owner if different from applicant / agent: See attached letter from Charles Owen, Rich1and Hills Church of Christ PART 3. DESCRIPTION OF REQUEST Current zoning classification: PD-5 Proposed use of the property: Retirement Community Development the nature of /he proposed activity and any particular characteristics related /0 the use of /he property: Independent Living Retirement Community for older adults. development per attached site plan. 120 unit Attach a site plan which conforms with the requirements shown on the back of this application: Site plan attached? ~ Yes CJ No I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this request for approval of a Planned Development to the Planning and Zoning Commission for consideration. D No Yes D No Yes D No D No Case Number: pz Pi4-20 Date: 9 / 9 / 9 4 .Yourname(PrintedName): Gary D. Staats Signature: PART 4. FOR OFFICE USE ONLY Date of Planning and Zoning CO(IJmission Public Hearing: &¡ "" 4- Fee: Planned DreloPjent Approved: Yes .ons of Approval: $300.00 Waived per Barry LeBaron This application will not be scheduled for public hearing until the application fee is received. PLANNED DEVELOPMENT CD - 415 (9 - 94) CITY OF NORTH RICHLAND HILLS Department: abject: Planning and Inspections ~ Council Meeting Date: 10/1 0/94 Request of David Pokluda for Replat of Lots 23 and 24. Block 10. Meadow Lakes Addition. (Located at 6341 Skylark Circle) Agenda Number: PS 94-37 Mr. David Pokluda is the owner of two lots located on Skylark Circle in the Meadow Lakes subdivision. The two lots back up to the No. 1 green at Iron Horse Golf Course. The lots are located on a curve in the street, and Mr. Pokluda is requesting to replat the lots into a single lot for the purpose of constructing a house on the property. He has submitted a Replat of the lots for review by the City Council. There are no major issues regarding this Replat. Before a building pennit will be issued on this property, one of the two sewer services will need to be uncovered and pennanentIy plugged. This property is zoned R-2 Single Family Residential. The proposed lot exceeds the minimum requirements of the Zoning Ordinance. The Planning and Zoning Commission conducted a Public Hearing and considered this request at their September 8, 1994 meeting . and recommended approval subject to engineering comments-. No additional Public Hearing is required. RECOMMENDA nON: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. . Source of Funds: Bonds (GO/Rev.) APperating Budget Wbther Finance Review Acct. Number Sufficient Funds Avail . Finance Director rtment Head Signature CITY COUNCIL ACTION ITEM Paae 1 of ____ . General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. 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 94-37 David Pokluda, NRH TX Same None Wendell Hancock, Fort Worth TX 0.535 acres (23,322 square feet) 1.87 units/acre R-2 Single Family Residential Single family dwelling This property is served by an 8-inch water line and a 6-inch sanitary sewer line located in the Skylark Circle right-of-way. Adequate. This property does not front a collector or arterial street. None required. None required or proposed. None. Any required street lights will be installed in accordance with Public Works criteria. Access to this property is from Skylark Circle. Sidewalks are required on each lot as the individual lot develops. None required. None. Drainage A. Flood Plain B. Improvements C. Easements Comprehensive Land Use Plan A. Consistency B. Special Issues According to Flood Insurance Rate Maps, a portion of this property may lie within a lOa-year or 500-year flood plain None required. None. This request is consistent with the Plan that calls for low density single family development in this area. None. PZ Minutes - Page 2 September 8, 1994 . 4. PS 94-37 5. PS 94-42 ZONING CASES .AFF REPORT CITIZEN COMMENTS ADJOURNMENT Victor Baxter, Secretary Planning and Zoning Commission . Public Hearing to consider the request of David Pokluda for Replat of Lots 23 and 24, Block 10, Meadow Lakes Addition. This property is located at 6341 Skylark Circle. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PS 94-37 subject to engineering comments. The motion was seconded by Ms. Spicer. The motion carried 4-0. earing to consider the request of Alan Riley for Replat of Lots 58 and 59, Block 1, es Addition. This property is located at 6253 Meadow Lakes Drive. ed the Public Hearing and called for those wishing to speak to come ak, Chairman Brock closed the Public Hearing. Mr. Baxter made the motion to approv 94-42 subject to engineering comments. The motion was seconded by Mr. Bowen. The 'on carried 4-0. None. None. None. There being no further business, the meeting was adjourned. James Brock, Chairman Planning and Zoning Commission N@RTH RICH LAND HILLS Public Works August 26, 1994 MEMO TO: Barry LeBaron Director of Planning & Inspection Services FROM: R. Michael Curtis, P.E. Staff Engineer SUBJECT: PS 94-37; MEADOWLAKES ADDITION, PHASE III; Block 10, Lot 23R; Replat I have reviewed the subject documents submitted to this office on July 22, 1994, and offer the following comments. 1. The title block needs to be revised as shown. 2. The point of beginning needs to be clearly labeled on the plat. 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. This plat . r needs to include the NAD83 Texas State Plane Coordinates 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 for Lot 23R will need to be included in the Owner's Acknowledgement and Dedication. 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. There are currently two sewer services constructed to Lot 23R because of this replat. Prior to a building permit being issued, one of the sewer services will need to be uncovered and plugged. 7. There are comments regarding the plat recorded on a blueline copy of the plat. The plat has been returned to the surveyor for revision. Public Works is recommending that this plat be revised prior to submitting to the Planning & Zoning Commission. The marked up blue lines need to be returned with the next submittal. Î0¿k CJA1:.~ RMC/smm/pwm94106 cc: Gregory W. Dickens, P.E., Public Works Director Barry LeBaron, Director of Planning & Inspection Services NI~H APPLICATION FOR A REPLAT (PI.... point yOU' reopooses) Proposed Subdivision Name: \.-~ 2- 2::> Q- ~Lovk: 10 Current Legal Description: t-c T<; ¿.?::> '2-«-( Q:;L\L ID Name and Address of Current Property Owner: DA\L \D ?'C ~LvclC1 ~ 61-\ ~I¿,",\ L~~ ~ ''2- Nit \...\ Name and Address of Previous Owner: (If purchased during past twelve months) Name and Address of Developer: ~~ Name and Address of Engineer: City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 817·581·5515 m ~\A..) Lt:4- \L,Q ~ h. G34(~~Cu~. p ì <- \ ßo Phone No. '- 8 I ~ 'S ß I \ Phone No. ~ -t ......otJ..-L .w C\ f\ C- o<-rL n-z., l ~C7m k?o W l ~ \\\ Phone No. <6'14 - (024 ~ Type ~ve/opment Being Proposed: ~ SF Residential o MF Residential o Duplex Residential Replat Application Fee Calculation: o Commercial/Industrial o Other 1. Application fee: 2. Number of residential lots @ $1.50 per lot: 3. Number of non·residential acres @ $5.00 per acre: 4. Number of street intersection signs @ $65.00 each: 5. County plat recording fee: Total fee: $120.00 15~ 9~'I: IJ1~ I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this Rep/at to the Planning and Zoning Commission for consideration. (Attach affidavit with all property owner's names when more than one owner involved.) Date: "'1l "ZO ~4- Appticant's Phone No.: 2.'ß \ - 5 ß\ \ Your name (Printed Name): P~'J~D P~Å Signature: Ùo~~9?~Q~ Note: Please complete and submit the "Replat Document Submittal Checklist" on the reverse side of this form. REPLAT p:, ct1-'b1 CD - 403 (5 - 94) . . . .\ I ~\ 'i. i \ '~-;1 .' , \ '. b o oq- II - /.~ Y . - . "'~/ ~/7 :!õ . ~ ~ ~ '" ,.. ~ , ~ ~ ~ .., ~ CXJ N. '. C... A.... ~:~h.\ ..~~~ \~ .~,. \gi '7: ~¿'. Æ~~ \~~.Þ. "0- '. CIO A.... N . ~ ~ ~ ~ :!õ 10 :).0 ... \ ; \ v+ v'~ ~~ '. .., vv.~' \ -<,-' ~, , ~ø \, ø!f ,~ \ + ~ i" .' .' ,.' .' ~ 01 1'0 Q,. ~ ' , . ~ Q,. <: ~ <.:1 Z Z o N ............¡ . ·..··:·t~ ....................... ,.:::;; ~ :.; ., -> 'IC: ····c~···, \-... ,..,- , ' c.: \¡;.::' ~: ('I") a- a- t- . -".... ~ 10 . Q :)'" .. C'I N ~ U ... 1'0 ~ .- -. ~ -.: t5 -.: c... þ " ~ ~ ::: -.. '>:: '- ..... ....... ~ :1: ::1:: _ ~ ;!:¡~ ~ ~_:.-. = . ~ lC" .\:.. :.;. :"'"' ... -,:\·-·,:····~..l:.~..:. o ~ = £ .. "CI . C : .. . - . .s: . .' " ......- '. CITY OF NORTH RICHLAND HILLS Department: eUbject: Planning and Inspections Council Meeting Date: 10/10/94 Reauest of Sinaco Development for Final Plat of Lot 1. Block 18; Agenda Number: and Lots 1-4, Block 19, Briarwood Estates. (Located in the 7500 block of Hightower Drive) PS 94-44 Sinaco Development is the owner and developer of two parcels of land located in the 7500 block of Hightower Drive. The developer has submitted a Final Plat of the property, subdividing the land into five lots. The following are the issues regarding this Final Plat: 1. A 7.5-foot utility easement is required along the east property line of Lot 4 to connect the easement to a public right-of-way. 2. The proposed drainage plan has been revised to confonn to the City specifications regarding lot-to-lot drainage. 3. Nonnally, a masonry screening wall would be required along any single family lot that abuts a C4U or larger roadway. However, due to the configuration of the lots, the Planning and Zoning Commission recommended a waiver of this requirement for these lots. The developer has responded to all engineering comments. The Planning and Zoning Commission considered this request at its September 22, 1994 meeting and recommended approval subject to engineering comments. RECOMMENDA nON: .s recommended that the City Council approve the recommendation of the Planning and Zoning Commission. . . Finance Review Source of Funds: Bonds (GO/Rev.) Aoperating Budget Wothe'\Sa.A lc F:. Dep~ent Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available , Finance Director PaQe 1 of __ . General Information . . A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. 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 94-44 Sinaco Development, NRH TX Same Owen D. Long and Associates, Hurst TX David Moak Surveyors, Hurst TX Two tracts: 0.3516 acres and 1.3561 acres 5 2.84 dwelling units/acre ~nd 2.95 dwelling units/acre R-2 Single Family Residential Single family dwellings This property is served by an existing 24-inch water line. The developer is extending an 8-inch sanitary sewer line to service this property. Additional fire hydrants may be required. This property fronts Hightower Drive, classified as a C4U Collector street on the Master Thoroughfare Plan. None required. None required or proposed. None. Any required street lights will be installed in accordance with Public Works criteria. Access to this property is from Hightower Drive. Sidewalks are required on all lots as each individual lot develops. None required. This requirement was waived by the Commission at the Preliminary Plat hearing. None. 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 lOO-year or 500-year flood plain. None. None. This request is consistent with the Plan that calls for low density single family development in this area. None. PZ Minutes - Page 2 September 22, 1994 . Mr. Barfield stated a 15-foot building line adjacent to the access area would stated there are several examples of poorly planned development in the ci Mr. Davis stated they could always square up the lot with Amundson Mr. Gray stated he did not want the expense improving Amundso gutter. He asked if the Final Plat could be heard at the next me Mr. Husband stated probably not since the Final Plat would process as the Preliminary Plat. Mr. Barfield asked how soon the plat could be heard Mr. Husband stated the earliest would be the se Mr. Davis made the motion to approve PS 9 5 subject to engineering comments and a 15- foot side building line west of a projected ntinuance of the fifty-foot access strip. He strongly encouraged that the staff finish e review in time to p'lace the Final Plat on the next agenda. The motion was seconded b s. Spicer. The motion carried 6-0. ¡nary Plat of Hilltop Acres Addition. This property is n Valley Drive. 2. PS 94-39 Request of Tommy Wright for Pr located in the 7900 block of G . Mr. Husband stated this re st is a Preliminary Plat on several acres on Green Valley Drive. He stated the only issue r arding this plat is that the Subdivision Regulations discourage fronting lots on C2U or rger streets, but it seemed to be the consensus of the Commission at the work session t a circular drive or some type of turnaround would be acceptable. Mr. Owen D. L ,1615 Precinct Line Road, Hurst, came forward to speak. ed if they could get a note on the plat regarding the driveways. Mr axter made the motion to approve PS 94-39 subject to engineering comments and er circular drives or hammerhead turnarounds on the three lots facing Green Valley rive. The motion was seconded by Mr. Lueck. The moti n . 3. PS 94-44 Request of Sinaco Development for Final Plat of Lot 1, Block 18; and Lots 1-4, Block 19, Briarwood Estates. This property is located in the 7500 block of Hightower Drive. Mr. Husband stated this is a Final Plat of some property on Hightower Drive. He stated the Commission has approved a Preliminary Plat of this property, and the developer has submitted a Final Plat for consideration. Mr. Owen D. Long, '1615 Precinct Line Road, Hurst, came forward to speak. He stated they have addressed to all engineering comments. . Mr. Lueck made the motion to approve PS 94-44 subject to engineering comments. The motion was seconded by Ms. Spicer. The motion carried 6-0. N(f)RTH RICH LAND HILLS Public Works September 1, 1994 MEMO TO: Planning & Zoning Commission FROM: R. Michael Curtis, P.E., Staff Engineer SUBJECT: PS 94-44; BRIAR WOOD ESTATES; Block 19, Lots 1-4 and Block 18, Lot 1 Final Plat I have reviewed the subject documents submitted to this office on August 22, 1994, and offer the following comments. 1. The Subdivision Ordinance requires a 7.5 foot utility easement along the east property line of Lot 4. This will extend the easement to connect with a public right-of-way. 2. The drainage layout submitted with the final plat indica1es the existing drainage to be in violation of the City's lot-to-Iot drainage criteria. It is recommended that a grading plan bersubmitted by the developer's engineer. The grading plan will need to include swales between the lots and any grading necessary to meet the City's drainage criteria. 3. There are comments regarding the plat recorded on a blueline copy of the plat. The plat has been return~ to the el}gineer for revision. rtAJu C~· RMC/smm/pwm94113 cc: Gregory W. Dickens, P.E., Public Works Director Barry LeBaron, Director of Planning & Inspection Services 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182-0609 USA (817) 581-5521 FAX (817) 656-7503 . . . Owen D. Long and Associates, Inc. CONSULTING ENGINEERS September 14, 1994 Mr. R. Michael Curtis, P.E. Staff Engineer City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76180 Re: PS 94-44 Briarwood Estates Final Plat and Plans Block 19, Lots 1-4 and Block 18, Lot 1 Dear Mr. Curtis: We have received a copy of your letter dated September 1, 1994 on the above referenced Final plat and have the following comments; 1. The 7.5 foot utility easement along the west property line oflot 4 will be added to the plat. 2. A grading plan will be prepared and included in the plans. 3. The other comments recorded on the plans will be revised and resubmitted. If you have any questions or other comments please give me a call. ~röL/ Mark D. Long, P.E. r MDL/cfs cc: . Joe Coulson 1615 Precinct Line Road - Suite 106 I Hurst, Texas 76054 I Phone (817) 281-8121 CITY OF NORTH RICHLAND HILLS Department: .ubject: Planning and Inspections' ~ Council Meeting Date: 10/10/94 Public Hearing to consider closing Coventry Court at Hightower Drive. Agenda Number: GN 94-127 Ordinance No. 2017 At the September 26, 1994 City Council meeting, Mr. Fernando Ospina appeared before the Council requesting that Coventry Court be closed at its intersection with Hightower Drive. Staffwas directed to place this item on the October 10, 1994 agenda for fonnal action by the City Council. Attached is a proposed ordinance that would make Coventry Court a "dead end" street at its intersection with Hightower Drive. Also attached is a copy of IR 94-134 from the previous meeting. RECOMMENDA nON: It is recommended that the City Council hold the required Public Hearing and approve Ordinance No. 2017. . Finance Review Source of Funds: Bonds (GO/Rev.) ~perating Budget _ .Other /)_ -¡MI~-ø;,g_ Depa nt Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director ~ Page 1 of Ordinance No. 2017 . AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, CLOSING COVENTRY COURT AT HIGHTOWER DRIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition has been presented to the City Council requesting that Coventry Court be closed and made a "dead end" at its intersection with a future extension of Hightower Drive; and WHEREAS, after appropriate notice and public hearing, the City Council determines that such change shall be adopted, NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Coventry Court, at its intersection with a proposed extension of Hightower Drive east of Smithfield Road, be made a "dead end" and permanently closed from through traffic, as shown in Exhibit A. 2. 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 .valid or unconstitutional phrase, clause, sentence, paragraph or section. 3. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 10th DAY OF OCTOBER, 1994. Mayor City of North Richland Hills, Texas A TIEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: . 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" , ~ _ ~ .1 -- I - oz._!. ,~., ~. 'Id' " -; . . '- '. >- I' . . _ · " Z. , , , · ,..!.. '-- u_ _ _, 1 "_ . "-'I¡--,,, , ;- .. ~ f----1 l:r' - ..... 1 " -fil ~ I _ - 0 31 ~:J . 'J _ I I ~ ;; I" ......." .. .... ", ..... ~ ~ If--¡- "- _ 20a.._~ - f 35 )'N-R" ~ a = " _: ~ _ " "I- ......... . '-"-j ~ _ - - . ·1- ,,, _ _ ""'" · I" 1-1" /" .. " · JSD 1102 18 "'" -=-_ - 1 1 · '--"- _ , BIRDYILLJ: mu.s an ..__ ' ~ - - - N.B1CBWiD _":::"'"::"'-... .. - -.....~ - ~ '0 , . ~ <-~ 7 . . . ') N ~.- W~E . ~~._ ~ -.--;._:·~·:·S ;.;.......;..~ -, - -......;;u..~...._ ~....~.;.;..- - -:~:;~_o -,."-....-.. . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 94-134 ~~ Date: T Subject: September 26, 1994 Citizen Presentation - Request for "Dead End" Closure of Coventry Court The attached petition was received by the City Manager on Friday, September 16, 1994. All of the residents of Coventry Court have signed the petition requesting that it be designated a "dead end" and barricaded at the south end. The proposed extension of Hightower Drive east from Smithfield Road to Davis· Blvd. is scheduled to intersect with Coventry Court some 150' east of Smithfield Road. A map showing the proposed extension and the location of the requested closure is also attached. This information was reviewed by the Police and Fire Departments and they do not object to the proposed closure. The Fire Department's only concern is that in the event of a fire, some residents could have vehicle access blocked by fire apparatus or fire hoses. Mr. Fernando Ospina, 7213 Coventry Court, has requested to be placed on the A~enda for a Citizen Presentation on this subject. Respectfully submitted, ~c~ Randy Shiflet Assistant City Manager r _ ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS We the undersigned, legal residents and property owners on Coventry Court, Coventry Place Estates, North Richland Hills, TX.; hereby petition the City Council of North Richland Hills to place into consideration the following: L----- To terminate the south end of Coventry Court so as to establish a 'dead-end' street without access to Hightower Rd. Respectfully submitted, NAME (please print) ADDRESS SIGNA TURE(s) ¿cp{NPr '7.;2.(3 C1veJ~ Œ'f( . bL 7;217 ~.r211 ~vdr~ i- 1!Jo)L ~ 7753 ~1 r¡ \ ' ) ùd 11'1'11+ II/!; t;~ J)j~ to¡),~ /Y" (t- Ab nctr:rQ rie ~6vJo 7d?>J. c'o~nh . R. ~ Mi c-~J~t. "t ßrú.~ fr1óor<.L t-LOcr Covw~ (1l)yf- >tfJ~Ið~~ llt/q;7 7~ ~/Ct-· )þmw.:J. ~ 7z.-O { Carú!,.r¿ý(r. ~o..\~ \\0\'-'-'> \ 'd.d. \ L.O'oJ~";>\-"J G\- })J N E::-l_ ~o ~ S~~ S~~ l~lLA 1}:f<BL J!jff\)!J'f ()HtJC(l. 12...7_<1 COLK>Atr-1 c-+ . \ CITY OF NORTH RICHLAND HILLS e Department: Administration Subject: 1994-95 CIP projects Council Meeting Date: 10/10/94 Agenda Number: GN 94-129 The attached map indicates the initial projects suggested by the staff for design, right-of-way acquisition and construction. Even though Rufe Snow Drive was the centerpiece of our recent bond election, we cannot start construction immediately. There are several grants on this street and bridge which require the scheduling to coincide with federal and state agency requirements. We are pursuing the earliest possible dates. One of the suggested projects is the intersection of Browning Drive and Industrial Park Blvd. When Browning is complete between Highway 377 and Rufe Snow, it will carry a large volumn of traffic. Industrial will be busier with detours from Rufe Snow. The signalization of this intersection and removal of the valley gutters will help with the traffic. The following is a list of the suggested projects with their estimated cost: e Rufe 'Snow Drive from Onyx to Glenview (Funds currently available) Harmonson Road Jerrell Street Browning Drive Holiday Lane (Some of this project might be built by the County) Calloway Branch - Phase III Green Valley Drive Public Safety CIP Bond to be issued Many of these would suggest their service $ 604,000 318,000 190,000 130,000 1,835,000 1,100,000 641,000 1.675.000 $6,493,000 -604.000 $5,889,000 projects will require the acquisition of right-of-way. the use of consultants to help. When an estimated cost is available, we will bring it to you for ratification. We for Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION "EM Finance Dlrec:1or ~ City Manager Page 1 of e Page Two It is also suggested we move forward with all the public safety items at this time. We will bid both the Opticom and Early Warning System. The selection of an architect for the multi-purpose building would be the first step in its construction. Our first bond sale is suggested for early 1995. The bonds for the Rufe Snow portion of this proposal have already been sold. All of the other projects would be included as well as any others approved by the Council. Recommendation: It is recommended that the City Council approve the plan listed above. e . P66/. '0 /. H3801.::JO S1.::J3rOHd 3ÐtJ'N/tJ'HO ONtJ' .133H1.S WtJ'HÐOHd S1.N3W3/\ OHdW/ 7tJ'1./dtJ'::J 966/.-P66/. 031.S3ÐÐnS OOO'OO/"/'$ a6eu¡eJO 000 'S/. L '€$ 6U¡Aed S1.S0::J 03.1 tJ'W/.1S3 7tJ'1. 01. .' ¿ I,"~, ) \S ¡ 111 ~ I 'r ~Jl-~~ â ~ III .-r-' ~~1~ ~~ 000'8~£$ ~, L__7) ~~ .. ~~ ". ¡:"'IIiijõl / / ,~on~~_ - MOUS 8Jnu WOJJ ; ~ ""'- :.~ U!eJO WJO~S 8~ls-no > I I-- '" -" {: : .. ... z þ'" h uOI~:)nJ~SUO:)9U nzu V ~ '- \ - 5 :¡ " . sððnJ:)S o~ >99J:> A9>:)ell\l ... ~ ~ II"'" " :; r \ I~ O'O'OU NOSNOII\IU'o'H II A ~ !) ,. 000'1709$ o _ < L s9ue, 17 ~:)nJ~SuO:)9U : - ~~K - L M91^U91Ð O~ 'AMH 9uI^9deJÐ ; ~ I t:=: + ~ '-. ('o'U MONS 3:fnU ~ ,~, I .l" \ ~ lÍ ,i ~E ~ .~\. )1) .~ u_ :111 alr~)/~~" ~ ' iW~:J' :;&-. ~ ~ 17fr- ~ > ~ ~i£--- 77~YY ~ ~ ~,.. H Lll - ~ - ~ \ / - 'N ..II 4001 Ç?íV.I...I.I.NI if . ~.- /\.OOM.VH'I I I ~ = -=¥~ g 'I 7/ ~I \ 000'060~:~ - ._~ _ .~ ,'>-.4' s9uel 17 O~ ðUIU9PIM f/9. c- "'-, .:::.";,.tÞ J.Ieðo8 o~ 9^IJO SIMel?' ~ \- k~~ x.:, '". 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LLÇ i _,r n:) -j i ill cr::~. ~ == [u-i I I .¡ "·?'1 I Jo - ~'IAI..nl IU1 In. 000'~179$ -t: \: ðUIU9PIM JO~:)9110:> nz:> i:=----- s!^eo o~ 'PH PI9IJ4JIWS G 3^IHO A3"'o' ^ N33HÐ ; 000'06~$ uOI~:)nJ~SUO:)9H nZH MOUS 9JnH o~ s9Je4:> .133H.1S 113UH3r ..-- . ~ - . . ~ - - ---0- ; II -0. "J in. t;. / I ~..~ ....~ .... =~r" '~ I I . . - ... ,.ua "'" \ I .000£ . .1. 31V:>S : / -, ~7¡rri .. - - - - - I -~- _AU"Ig A~Y"II I I " I .... .~ .. ;: . ,~ -II- I. CITY OF NORTH RICHLAND HILLS . Department: Public Works Vacate a Portion of an Existing Utility Easement on Subject: Lot 51, Block 1, Bridlewood Addition - Ordinance No. 2018 Council Meeting Date: 10/10/94 Agenda Number: GN 94-130 The builder on this lot inadvertently encroached 2.5 feet into this 7.5-foot wide utility easement with the construction of his house. The Zoning Board of Adjustment granted a variance allowing the encroachment on 7-21-94, and the property closed shortly thereafter. However, the new owner's title company states that the variance for the encroachment is insufficient. The owner is now requesting that the 2.5 foot encroachment be abandoned in order to get clear title to the property. The Public Works Department has no objection to abandonment of 2.5 feet of the existing 7.5-foot wide utility easement. All franchised utilities have been contacted and have offered no objections. Recommend::¡tinn: It is recommended Council approve Ordinance No. 2018. . Finance Review Acct. Number Sufficient Funds Available Finance Dweetor ity Manager Page 1 of r ORDINANCE NO. 2018 . AN ORDINANCE VACATING AND ABANDONING THE DEDICATION OF 2.5 FEET OF A 7.5 FOOT UTILITY EASEMENT IN BRIDLEWOOD ADDITION. WHEREAS, the plat of Bridlewood Addition, which is recorded in Cabinet A, Slide 1290 of Plat Records of Tarrant County, Texas, shows and identifies the dedication of a 7.5-foot utility easement along the south property line of Lot 51, Block 1, of said addition; and WHEREAS, the house on said Lot 51, Block 1, Bridlewood Addition encroaches 2.5 feet into the above-described 7.5-foot utility easement; and WHEREAS, the owners of said Lot 51, Block 1, Bridlewood Addition, cannot get clear title to their property with the continued existence of the above described 2.5 foot easement encroachment; and WHEREAS, Lone Star Gas Company, Southwestern Bell Telephone Systems, Sammons Cable Systems, Texas Utilities, and North Richland Hills Public Works have no facilities within the above described 2.5 feet of the 7.5-foot easement; NOW, THEREFORE, be it ordained by the City Council of the City of North Richland Hills, Texas, that: 1. . The north 2.5 feet of the 7.5-foot utility easement, as described above and on the attached plat, is hereby vacated in favor of the owner of said Lot 51, Block 1, Bridlewood Addition, City of North Richland Hills, Tarrant County, Texas. 2. The City Council finds that any right-of-user established by prescription in favor of the public has now been abandoned and that the ownership and use of the portion of the easement in question should revert to the owner of Lot 51, Block 1, Bridlewood Addition, free and clear of any prescriptive claims or other rights in the public and it is so ordered. PASSED AND APPROVED this the 10th day of October, 1994. Tommy Brown, Mayor ATTEST: Jeãnette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: . Attorney for the City ·.:..::.:::::::::::::::::W Lot 51 Block 1 18.4' . <f> I I 1- 1Lí) I . :~ I I ------------------+ , Exhibit IIAII Lot 51, Block 1, BRIDLEWOOD, an Addition ot the City of North Richland Hills, according to plat recorded in Cabinet A, Slide 1290, Plat Records, Tarrant County, Texas Lot 50 113 . 18 ' N 89-55-37 E , I Exi r---.. ' ~ !o.. <lJ 0...1 .D E ~i I- ~ <lJ Q. , 0.. f'IJ '-../\ O' f'IJ u +-' , (f)' I ~I -0 co C '<:j- 0 E ' -1 I Q) r--- 0 ~ 0 (/), Lí) 81 +-' :z , 0 2'1 -.J , I +-' , r--- :::> I Lí) , . I (J) Lí) r--- , r----- I 1 ~- -- -1-- Lot 53 t ing Easement 33.5 ' 41.7 ' v ~ 10 .~ Lí) ,- ,- ,- 13.6 ' ..::£. U o ,- L COQ) ÀU L C oQ) +-,v Uì'~ Q)Q) cO:::: o ~ Lf1 ('. ,- 5' Utility Easement to remain 113 . 18 ' S 8 - Lanscape Timber Reta in I ng Wa I I co Lf) Lo t 52 Area of Easement to be Abandoned _ -2 1 ~'_ T I I ~ ~ :J o o "'0 o o S Q) - "'0 0- ~ ~CO Q) r---L.() o f'.. f'.. POB . CITY OF NORTH RICHLAND HILLS PARTIAL ABANDONMENT OF EASEMENT STATE OF TEXAS COUNTY OF TARRANT {} {} KNOW ALL MEN BY THESE PRESENTS, That the City of North Richland Hills on behalf of Richard Gray & Linda Gray being the owners of Lot 51, DIock I, of BRIDLEWOOD, an Addition to the City of Norlll Richland Hills, Tarrant County, Texas. according to the Plat recorded in Cabinet A, Slide 1290, Plat Records. Tarrant County. Texas do hereby request Ille abandonment of the Norlll 2.5 feet of Ille existing utility easement which lies along Ille SOUlll property line of said property. Area to be abandoned as shown on Exihibit "A" is described by metes and bounds as follows; BEING a strip land located across Lot 51. DIock 1. of BRIDLEWOOD. an Addition to the City of North Richland Hills, Tarrant County, Texas. according to Ille Plat recorded in Cabinet A. Slide 1290. Plat Records, Tarrant County. Texas. said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a point 7.5 feet and Norlll 00 degrees 48 minutes 33 seconds West from Ille Soullleast comer of said Lot 51, Block I, said point also being Ille intersection of Ille Norlllline of an existing 7.5 Utility Easement Witll Ille East line of said Lot 51, DIock I, BRIDLEWOOD ADDITION: THENCE THENCE THENCE THENCE . SOUlll 00 degrees 48 minutes 33 seconds East. 2.5 feet along Ille East line of Lot 51 to a point for a comer; SOUlll 89 degrees 55 minutes 37 seconds West. 105.68 feet to a point in Ille West line of Lot 51 to a point for a comer; Norlll 00 degrees 48 minutes 33 seconds West. 2.5 feet along Ille West line of said Lot 51 to a point for a comer; Norlll 89 degrees 55 minutes 37 seconds East 105.68 feet to to Ille POINT OF BEGINNING and containing 282.95 square feet of land more or less. . CITY OF NORTH RICHLAND HILLS e Department: Administration Council Meeting Date: Resolutlon Deslgnatlng Industrlal Park Subdivision Properties as the Agenda Number: Iron Horse Corporate District - Resolution No. 94-52 10/10/94 Subject: GN 94-131 As we discussed in September, Economic Development staff convened a meeting of North Richland Industrial Park property owners in late August and discussed ways to better market the Park. Participating property owners requested that the City designate the area as the Iron Horse Corporate District--taking advantage of the Industrial Park's proximity to Iron Horse Golf Course, the City's best-known landmark. Councilmembers present at the September 26th meeting supported this idea. Thus, we have prepared the attached resolution for this purpose. RECOMMENDATION It is recommended that the City Council adopt Resolution 94-52. e Finance Review Source of Funds: A Bonds (GO/Rev.) - .Operating Budget _ Other _ Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM Finance Director Page 1 of e e e RESOLUTION NO. 94-52 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The City designates all properties zoned 1-2 within the Industrial Park Subdivision to be known as the Iron Horse Corporate District. This area is roughly bounded by the City's limits with the City ofWatauga to the north, Combs Road to the south, Rufe Snow Drive to the east, and the limits with the City of Haltom City or Singing Hills Creek to the west. 2. The City's Economic Development Department shall begin marketing these properties as such and may begin exploring methods of funding additional signage to and through the District. PASSED AND APPROVED this 10th day of October, 1994. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS e Department: Finance Council Meeting Date: 10/10/94 Subject: Award Bid for Parking Lot Improvements at Fire Station #2 Agenda Number: and Fire Station #3 PU 94-76 As part of the long term capital needs budget Council appropriated funds for pavement improvements to the front of Fire Station #3 and in the 1994/95 approved budget Council appropriated funds for pavement improvements at Fire Station #2 and the back of Station #3. Fonnal bids were solicited for these improvements and the results are listed below. ALL TEX Paving $103,474 JRJ Paving $104,977 S. Hakim Construction $123,356 Humphrey and Morton $124,114 Sutton and Associates $129,165 e The drive way at Fire Station #3 is asphalt and is unable to withstand the weight of the fire engines. The pavement improvements at both stations will be with concrete. The low bidder has recently completed the 1994 Chip Seal Program on various streets throughout the City and completed the contract satisfactorily. Funding Source: 10-01-63 -6000 $50,000 06-01-02-6200 $62,000 Recommendation: It is recommended City Council award the bid for pavement improvements at Fire Stat!on #2 and Fire Station #3 to ALL TEX Paving in the amount of$103,474. Finance Review Source of Funds: ~onds (GO/Rev.) _ ~perating Budget _ ~~ epartmen He d Signature CITY COUNCIL ACTION ITEM See Above Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS . Department: Subject: Public Works Approve Budget for Water and Wastewater Tmp::lc.t ppp ('onC:lllt~nt Council Meeting Date: 10/1 0/94 Agenda Number: PW 94-34 The Planning & Zoning Commission acts as the Capital Improvements Advisory Committee (CIA C) to the City Council. State law requires meetings to be conducted semiannually by the CIAC with reports submitted to the Council for their information. Last year, Reed-Stowe & Company was retained to assist in monitoring the impact fee program. Staff recommends the City continue to retain Reed-Stowe & Company for consultant services to assist the CIAC with the impact fee program. Estimated cost for the annual services should not exceed $3,000. Consultant fees to update the impact fee program can be paid from fee revenues. The consultants services include: 1. Coordinate and attend all CIAC semiannual meetings. 2. Provide agenda for all CIAC meetings. 3. Review status of impact fee program prior to each CIAC meeting and issue written report. 4. Advise CIAc and City staff of any changes in the law governing impact fees. . Fnndin.e; SOllrc.e: The impact fees are collected from new water and sewer customers as they pay for their service connections. Sufficient funds are available to fund the consultant's fee annually. Rec.ommend::ltion: Staff recommends Council approve an annual budget of $3,000 from the water and sewer impact fee funds for retaining a consultant to assist in monitoring the impact fee program. Finance Review Acct. Number 02-90-06-6000 ~~~~~~ Finance Director gnat re CITY COUNCIL ACTION ITEM City Manager Page 1 of CITY OF NORTH RICHLAND HILLS . Department: Subject: Public Works Approve Agreements with DART for Precinct Line Road Utility Adjustments (Mile Post h?O RO) - Resolution No. 94-51 Council Meeting Date: 10/10/94 Agenda Number: PW 94-35 Resolution No. 94-51 authorizes the Mayor to execute the two agreements which grant the City licenses to install an 8-inch gravity sanitary sewer line and a 12-inch water line under the existing railroad tracks at Precinct Line Road. The improvements are needed to relocate and enlarge an existing 6-inch sewer and install a new 12-inch water main for future extension in accordance with the City's master plan. The agreements require the City to fund any reconstruction or adjustment of the utility lines in the future should they conflict with DART's future improvement of the railroad. The agreements have been reviewed by Rex McEntire, Attorney for the City, and he has no objection to the Mayor signing the agreements on the Council's behalf. Each agreement will cost the City $500.00, for a total of $1,000.00. There will not be any recurring costs associated with the agreements as written. F1Indine; S01lTee: . . Sufficient funds have been allocated per previous Council action, GN 89-04. Recommendation: Staff recommends approval of Resolution No. 94-51. Finance Review Acct. Number 02-89-06-6000 Suffic'ent Funds Available Finance Director ~ ture CITY COUNCIL ACTION ITEM City Manager Page 1 of . . . RESOLUTION NO. 94-51 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be and is hereby authorized to execute the agreements between the City of North Richland Hills, Texas, and Dallas Area Rapid Transit (DART) concerning the installation of an 8-inch gravity sanitary sewer and a 12-inch water main across DART's 100- foot wide right-of-way adjacent to Precinct Line Road, copies of which are attached to this resolution, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this the 10th day of October, 1994, A.D. APPROVED: Tommy Brown, Mayor A TrEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: r Rex McEntire, Attorney for the City ./ ~/ ~-~ ~ 'I.. )m CJ' IØtTH RICIO/Ð HIClS ./ ~ /' I.r... - o! . , 27 ~ 4 4 4 ROUTING . ~ Dallas Area Rapid Transit PO Box 660163 Dallas. Texas 75266-0163 214/748-3278 JIJt1 NO. fiLING -- KEE BPF T~·J ¡;".. J ' September 20, 1994 RWA JV: Ð Ipo MER 81)1} ---..:. GRP lDR GHB BJG ~q-2-3-~ city of North Richland Hills c/o Mr. Donald H. canton, P.E. Knowlton-English-Flowers, Inc. 1901 Central Dr., suite 550 Bedford, Texas 76021 --...-- Re: License Agreement covering one 12-inch water pipeline crossing and License Agreement covering one a-inch sanitary sewer pipeline crossing at Precinct Line Road in North Richland Hills Dear Mr. Canton: . Enclosed are three (3) copies of each License submitted for the City's review and approval. If satisfactory, please see that all three copies of each License are signed by an authorized city official and returned to us together with remittance for the consideration due. Upon final approval and signature by DART's authorized representative, one fUlly-executed copy of each License will be returned for City records. DART's standard Construction Agreement and Contractor's Right of Entry forms are enclosed for each pipeline crossing. Please see that these documents are forwarded to the city's contractor to complete, sign and return to me. No work on DART right of way is authorized until these documents -are completed and insurance provided by the contractor is approved by DART. If I can be of assistance to any of the parties invol ved in this project, please contact me at (214) 749-2917. Sincerely, Jan Seidner R/W Management Representative JMS: Enclosures . . . . ~~ 8" Sanitary Sewer AGREEMENT # LICENSE AGREEMENT THIS AGREEMENT by and between DALLAS AREA RAPID TRANSIT, ("DART"), a regional transportation authority, created, organized and existing pursuant to Article 1118y, V. A. T. C. S., as amended (the "Act"), and the CITY OJ' HOR'l'B RICBLAHD BILLS, a municipal corporation ("Licensee"), acting herein by and through its duly authorized city manager, whose mailing address is 7301 N.E. Loop 820, North Richland Hills, Texas (76180). WIT N E SSE T H: In consideration of (1) FIVE HUNDRED AND NO/I00 ($500.00) DOLLARS cash in hand paid by Licensee to DART, and (2) the faithful performance by Licensee of all of the covenants and agreements contained in this Agreement to be performed by Licensee, DART HEREBY GRANTS A LICENSE to Licensee for the purpose of constructing, installing and maintaining one 8-inch sanitary sewer pipeline (the "Permitted Improvements") crossing adjacent to Precinct Line Road (FM 3029) at Mile Post 620.80 in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A-I" and "A-2" attached hereto and incorporated herein for all pertinent purposes (the "Property"). The Property shall be used by Licensee solely for the purpose of installation, maintenance and subsequent use of the Permitted Improvements (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvements. This License is granted subject to the terms and conditions set out below. 1. subject, herein. The term of this license shall be perpetual to termination by either party as provided Term. however, 2. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or .upon the Property owned by DART, any railDoad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, public or private, for the use of the Property for facilities presently located within the boundaries of the Property; and (c) to any existing lease, lic~nse or other interest in the Property granted by DART to any individual, corporation or other entity, public or private. 3. Desiqn. Construction. ODeration and Maintenance. DART's use of the Property and adjoining property will include the use of electrically powered equipment. Notwithstanding DART's inclusion wi thin its system of meas·ures designed to reduce stray current which may cause corrosion, License. is hereby warned that such aeasures may not prevent .lectrical current being present in proximity to the Permitted Improvements and that such presence NRHSs.DOCjms 1 of 6 . . . could produce corro.ive effect. to the Peraitted Improvements. 3.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations (the "Railroad", whether one or more). In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a part of the design and construction of the Permitted Improvements. 3.02. During the design phase and prior to commencing construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART when the construction is going to be within the area of Railroad operations. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART and Railroad. 3.03. By acceptance of this license, Licensee agrees to design and construct the Permitted Improvements in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 3.04. By acceptance of this license, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 3 . 05 . Absence of aarJters does not consti tute a warranty by DART that there are no subsurface installations on the Property.- 4. Governmental ADDrovals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, f~eral, state or local, required to carry on any activity permitted herein. 5. DART's Standard Contract and Insurance. No work on the Property. shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to DART. 6. Dutv of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of DART. If the failure to NRHSS.OOCjms 2 of 6 . . . use reasonable care by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART. 7. Environmental Protection. 7.01 Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 7.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 7.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA¡ PROVIDED, HOWEVER, that in the event ei ther CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment¡ and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", IIrelease" , "solid waste", or "disposalll, which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 7.04. Licensee shall indemnify and hold harmless against all cost of environmental clean up to Property resulting from Licensee's use of the Property under Agreement. DART the this r 8. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of _ any work done or materials furnished to the Property at Licensee's instance or request. 9. Maintenance of Completed ImDrovements. After the Permitted Improvements have been constructed, they shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have NRHSs.oocjms 3 of 6 . . . remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 10. Future Use by DART. 10.01. This license is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 10.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of thirty (30) days written notice for the exercise of one or more of the above actions shall be given by DART. 11. R~location Benefits. The parties hereto agree that the construction of the Permi tted Improvements on the Property is subsequent to the acquisition of the Property by DART and that the Licensee has and asserts no claim under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by the Licensee. 12. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from th~ Property; (c) upon termination in accordance with paragraph 17 of this Agreement, whichever event first occurs. 13. ComDliance with Laws and Reaulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide an~ all actions resulting therefrom. 14. Indemnification. 14.01. Licensee shall defend, protect and keep DART and Railroad forever harmless and indemnified against and from any penalty, or damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors or assigns, NRHSs.DOCjms 4 of 6 .. . . or those holding under Licensee; 14.02. Licensee shall at all times protect, indemnify and it i. the intention of the partie. hereto that Licen.ee hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of, or from any accident or other occurrence on or about the Property causing personal injury, death, or property damage, except when caused by the willful misconduct or negligence of DART or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any faul t determined against DART for its willful misconduct or negligence; 14.03. Licensee shall at all times protect, indemnify and hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 15. Action Upon Termination of License. At such time as this license may be terminated or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property to the condition existing at the date of execution of this License, at Licensee's sole expense. 16. Assianment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART i. under no obliqation to qrant. 17. Methods of Termination. This Agreement may be terminated in any of the following ways: 17.01. written Agreement of both parties; 17.02. By either party giving the other party thirty (30) days written notice; 17.03. By either party, upon failure of the other party to perform its obligations as set forth in this Agreement. 18. Miscellaneous. 18.01. Notice. When notice is permitted or reqÜired by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the u.s. Mail, Certified, Return Receipt Requested, and addressed to the parties at the followinq addresses: DART: Dallas Area Rapid Transit P. O. Box 660163 Dallas, Texas 75266-7230 Attn: Manager of Right-of-Way NRHSS.DOCjms 5 of 6 . . . LICENSEE: City of North Rich1and Hills P. o. Box 820609 North Rich1and Hills, Texas 76182 Attn: Public Works Director Either party may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 18.02. Attornev Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 18.03 Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 18.04 Entiretv and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 18.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 18.06. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties have executed this Agreement in multi~le originals this day of , 19 LICENSOR: DALLAS AREA RAPID TRANSIT By: ROGER SNOBLE President/Executive Director LIC~NSEE: CITY OF NORTH RICHLAND HILLS By: Printed Name: Title: APPROVED AS TO FORM: Office of DART General Counsel NRHSS.OOCjms 6 of 6 EXHIBIT A- , I 'I P Ii U~!UjJU~U!U:!HI j ~~ I ! hi:!!" ~E-aU:!i¡¡¡ ~ ! I i .1 J ,9'1,;.1 ~llpl¡ifl: ,;¡ I II i i 'rl ,,:! ~~I" BI:I::¡ I ¡.I' ¡,.-, : I I I· i: ~8 ~ I I \I ¡: ¡: .. FI' IliI~. 0 ... 000, I ~ U! II &I,,:! !~a:: :: I I ~ I ; I ~! kk~! ~! P ¡ ì 0 ¡ i' ¡ ¡ ¡ · ¡ I 4 5 i II ~101X'1 ¡. §: I : ¡ I . I ~ ,0 i a ~ I I 0' i J 0 : : : ; t !:~ ~ ~ : i !Ii I I ¡ ~!: ¡ I ¡ ¡ ¡ ¡ : ~ i Jœ I I ,.. I I: :: ~:' : :: : : I II~ J J ~ ¡ I ,: ¡ ¡ ~: ~: ¡ ¡ : ¡ ~ II~ I ' ':. I I: ::::: ~:: :: : : ï I I '0. 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"- -- ---. .'----..;.--- ~----.__._-_..--_.- -- -"-- .-=:.~~--_._----- --..-..- I il II Ii .'''T en --------- $/ I I --i~,ìl I I I ~ I jl I , IS I I Bi : III Url;~~ ~ I u~ ~ III ~I'IIII 5 § it HI i III I I I I I ¡i 2 III I1IIII ~ S ,. I 1.1 '1ò~l...tN..o 0 I I ~. i j(í;1 ~J:..~~II! ~ i ~ II I ~I ~Ft,(."L;;~NS!I I ~§! I ~", fi'1~1 bl' ¡; . I. I L' ~~ ! ~ <I ~t,~ . ,~e! :~ t . i '. ~ t.J -<. "100 Ie'- , () ;. (:)1('\1. I 1.>\1 ,("'~ a _ ~I I I ~I ~1 lo~ 1 z ~I I '¡IN ~I I~[ì ~ 0 Q 0 ! ~ I I-Ji' ~f'I:~1 w I~I 13' &: I ~~ i I ~,... I I ~ 8· i : > rJ It O~R' I'" ~ i ~ :: I ' 1< ! ",I~ I I · If;'~ ~ If' I I ~ J I :~ ! ~~,..I , ¡ I !š ~ (i ! CD !! I I~ ~ c.1 I~I : I' j"l~ I f 0 ) -< J I I~ <I ,,~ I I I ~ .¡;¡.-:" ?ü l'I'h;ljfJl I~t:! i ,"!,",- ~ ': l; ~t I I ~I I ~ ; ~ I, ~ ~ ~ 1 I " ~c=~ :z I : ~ f ~ ~ : I I: I ~~ ! a ! ; -i I I ~ . o~1 I l' I I 1m ~I I~ ¡ ~~I I ~~ I I ~! I,,: ,,~I I /.JI I I :vii I....: 1;J I 1'1 I I ~ t: ~ I ~ I~ "I It a .,., II'!I I i IH)_II I ~Fd III, II~III II I I ~ I I II I I I 11)' I I I I I I I, bell I III I IIII ~II ~~ II · J I E I ·iI I II : '1 J · I ! · I · · o o. · . . · . . o . 0 · 0 0 00. o. , · . 0 , . 0 ., i!:¡il~lf!ii ~i a JU 5:1 I II inil Þ I ,. I .. ï I I I~ I ill I I I I I I I . I I I I I I I I I UI I I Z I I I 6 I eCI I ~ : ..I ~ I eel i CD -< :a ~ r- :a o .i'; I ! ill I iI~ I; ce ,a . ce au eee '" eee I I I I I I I I I I I I I I I I I . ~. .' '. Y' j'" " ""'0 ~ .'<'.s " " .. .' / . ~ .~ .'1 ~ ~ ~ .~ ~ / ~ ...~..,., ~: '.' ....~~ . ". ' I ' . ~ ~ '.(:J . . ~ I .. / .I ,. " ~J .~ ~ .. ~ \t::) £ ". ~ . .>0 t . I . '/ EXHIBIT A ':'""~ . . . -: ...~ ,>, . 1 , .. . . ~ . ~ . . ( ~. .~. ~ . , " . . : , ~ v~ 12" \<!a ter Hain AGREEMENT # . LICENSE AGREEMENT . THIS AGREEMENT by and between DALLAS AREA RAPID TRANSIT, ("DART"), a regional transportation authority, created, organized and existing pursuant to Article 1118y, V.A.T.C.S., as amended (the "Act"), and the CITY OJ' NORTH RICBLAND BILLS, a municipal corporation ("Licensee"), acting herein by and through its duly authorized city manager, whose mailing address is 7301 N.E. Loop 820, North Richland Hills, Texas (76180). WIT N E SSE T H: In consideration of (1) FIVE HUNDRED AND NO/100 ($500.00) DOLLARS cash in hand paid by Licensee to DART, and (2) the fai thful performance by Licensee of all of the covenants and agreements contained in this Agreement to be performed by Licensee, DART HEREBY GRANTS A LICENSE to Licensee for the purpose of constructing, installing and maintaining one 12-inch water pipeline (the "Permitted Improvements") crossing adjacent to Precinct Line Road (FM 3029) at Mile Post 620.80 in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A-1" and "A-2" attached hereto and incorporated herein for all pertinent purposes (the "Property"). The Property shall be used by Licensee solely for the purpose of installation, maintenance and subsequent use of the Permitted Improvements (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvements. This License is granted subject to the terms and conditions set out below. 1. subject, herein. ~. however, The term of this license shall be perpetual to termination by either party as provided . 2. Non Exclusive License. This license is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, public or private, for the use of the Property for facilities presently located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by DART to any individual, corporation or other entity, pUblic or private. 3. Desiqn. Construction. Operation and Maintenance. DART's use of the Property and adjoining property will include the use of electrically powered equipment. Notwithstanding DART's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such .easures may not prevent electrical current being present in proximity to the Permitted Improvements and that such presence NRHWAT.DOCjms 1 of 6 . . . oould produoe oorro.ive effect. to the »eraitted Iaprov..ent.. 3.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations (the "Railroad", whether one or more). In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a part of the design and construction of the Permitted Improvements. 3.02. During the design phase and prior to commencing construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART when the construction is going to be within the area of Railroad operations. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART and Railroad. 3.03. By acceptance of this license, Licensee agrees to design and construct the Permitted Improvements in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this Agreement. 3.04. By acceptance of this license, Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 3 .05. Absenoe of aarkers does not oonsti tute a warranty by DART that there are no subsurface installatioDs OD the Property. - 4. Governmental ADDrovals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, feqeral, state or local, required to carry on any activity permitted herein. 5. DART's Standard Contract and Insurance. No work on the Property. shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactorÿ to DART. 6. Dutv of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of DART. If the failure to NRHWAT.DOCjms 2 of 6 . . . use reasonable care by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART. 7. Environmental Protection. 7.01 Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 7.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 7.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA¡ PROVIDED, HOWEVER, that in the event ei ther CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effecti ve date of such amendment ¡ and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release" , "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 7.04. Licensee shall indemnify and hold harmless against all cost of environmental clean up to Property resulting from Licensee's use of the Property under Agreement. DART the this r 8. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any 'work done or materials furnished to the Property at Licensee's instance or request. 9. . Maintenance of ComDleted ImDrovements. After the Permitted Improvements have been constructed, they shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, DART shall notify Licensee of such occurrence in writing. In the event Licensee shall not have NRHWAT.DOCjms 3 of 6 . . . remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 10. Future Use bv DART. 10.01. This license is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 10.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvements so as not to interfere with DART's or DART's assigns use of the Property. In this regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of thirty (30) days written notice for the exercise of one or more of the above actions shall be given by DART. 11. Relocation Benefits. The parties hereto agree that the construction' of the Permitted Improvements on the Property is subsequent to the acquisition of the Property by DART and that the Licensee has and asserts no claim under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by the Licensee. 12. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the- Property; (c) upon termination in accordance with paragraph 17 of this Agreement, whichever event first occurs. 13. Com~liance with Laws and Requlations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and. all actions resulting therefrom. 14. Indemnification. 14.01. Licensee shall defend, protect and keep DART and Railroad forever harmless and indemnified against and from any penalty, or damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors or assigns, NRHWAT.DOCjms 4 of 6 . . . or those hOlding under Licensee; 14.02. Licensee shall at all times protect, indemnify and it i. the intention of the partie. hereto that Licen.ee hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of, or from any accident or other occurrence on or about the Property causing personal injury, death, or property damage, except when caused by the willful misconduct or negligence of DART or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any faul t determined against DART for its willful misconduct or negligence; 14.03. Licensee shall at all times protect, indemnify and hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 15. Action {¡Don Termination of License. At such time as this license may be terminated or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property to the condition existing at the date of execution of this License, at Licensee's sole expense. 16. Assianment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART i8 under no obligation to grant. 17. Methods of Termination. This Agreement may be terminated in any of the following ways: 17.01. written Agreement of both parties; 17.02. By either party giving the other party thirty (30) days written notice; 17.03. By either party, upon failure of the other party to perform its obligations as set forth in this Agreement. 18. Miscellaneous. 18.01. Notice. When notice is permitted or reqüired by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in' the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: DART: Dallas Area Rapid Transit P. O. Box 660163 Dallas, Texas 75266-7230 Attn: Manager of Right-of-Way NRHWAT.DOCjms 5 of 6 . . . LICENSEE: City of North Richland Hills P. O. Box 820609 North Richland Hills, Texas 76182 Attn: Public Works Director Ei ther party may from time to time designate another and different address for receipt of notice by giving notice of such change of address. 18.02. Attornev Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 18.03 Governina Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 18.04 Entiretv and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 18.05. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 18.06. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this day of , 19 LICENSOR: DALLAS AREA RAPID TRANSIT By: ROGER SNOBLE President/Executive Director LICENSEE: CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM: By: Printed Name: Title: Office of DART General Counsel NRHWAT.DOCjms 6 of 6 . I .r'" . . "1111 ~'i III; I~'I i , i i I I Ii! ! i ------ --~ I tlil r : 'II i þ j" , .- !! ' , . , . I I ËXJiïØIf A -, r II ¡ ~ if li~~U¡~i~~U!Iª!~:11 ì ~A å ! ~ii5Ii~I-È::BèHU¡= J I! ,. I I I ij - ~ ; ì , ¡~III ~ ~ III f 5: ,; lei I' I I i¡sö 1Ie1~o",'! " g" II ~ 1,1~~"'i ~:oi'~ '1" I: A. L.....,_I, -'i~' !t':~~ :.::. ! I·~·!! ' 'I I ~ : !: i: !f: : V" ::::: I !~!8!U If~ :-I!I:I':¡~::I:":: 51Iie!¡",III'i",'!'~Ii/, " e II i : I: 8' ~ªHi ¡ ~! PI ¡ j : ~ i¡ ¡ ¡ · ~I "gi~ I' "II i I· I I ~i iI~ I', ::'j ,::. : I,~ II · i G I I I ¡ ¡ s i. - ¡:: : J I..., I I! I I I i' : :: ,. ::: : ,. J II:) I Ii' ,I "" ~. ", , R 8 ,0. 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Department: Subject: Public Works Award of Bid for Davis Boulevard Utility Adjustments, Phase II Council Meeting Date: 10/1 0/94 Agenda Number: PW 94-36 Bids were received on the subject project on September 26, 1994 and the low bidders are shown below: Rilic!er Fox Contractors, Inc, Wright Construction Pate Bros. Amount $628,505.50 $702,253.30 $715,258.86 r~1enc1~r n~y~ Ric1 160 180 180 The initial budget for the project was set up by approval of the 3-Year Utility CIP Plan on April 3, 1991 in PW 91-14. The project was assumed to require much less 16-inch water line relocation work at that time. The State has determined considerably more of our existing 16-inch transmission main is under their proposed curb or in conflict with their proposed storm drain and therefore must be moved. This has been the main reason for the increase in cost. The proposed construction schedule for the low bidder is summarized below. . -Council award bid. - Pre-Construction Conference -Contractor begins construction. -Construction ends. 10/10/94 10/25/94 10/31/94 4/08/95 Func1ine SOIlTc-e: The existing budget is insufficient to cover the low bid received. Additional funds can be appropriated from the Utility Fund Retained Earnings. Engineering Construction Total Budget $ 30,000 270,000 $300,000 Revi~ec1 Rnc1get $ 50,000 h10,OOO $680,000 Additional Fnnc1ine Required $ 20,000 1hO,000 $380,000 r Rec-ommenc1~tion: Staff recommends Council award the bid to Fox Contractors, Inc. in the amount of $628,505.50 for a period of 160 calendar days and authorize the appropriation of $380,000 from Retained Earnings to supplement the budget for this project. Finance Review Source of Funds: _Bonds (GO/Rev.) _ .,Operating Budget _ Ot r _ Acct. Number Suffi 'ent Funds Available Finance DIr_c:tor CITY COUNCIL ACTION ITEM Page 1 of . . KNOWL TON-E NGLlSH-FLOWERS, INC. CONSUL TING ENGINEERS I Fort Worth- Dallas September 30, 1994 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-568, CITY OF NORTH RICHLAND HILLS DA VIS BL VD., (F.M. 1938), WA TER AND SANITARY SEWER ADJUSTMENTS BID TABULA TION AND RECOMMENDA TION OF A WARD Bids were received on September 26, 1994 for the referenced project. This project includes water and sanitary sewer adjustments and relocations along Davis Blvd., (F.M. 1938), as required to clear the right-of-way for proposed paving and drainage improvements by the Texas Department of Transportation (TxDOT). Seven (7) contractors submitted bids as . presented on the attached detailed tabulation. The following is a summary of the bids: I NO. I BIDDER I WATER I SEWER I TOTAL BID I DAYS I 1. Fox Contractors, Inc. $621,005.50 $7,500.00 $628,505.50 *160 2. Wright Const. Co. 696,483.30 5,870.00 702,253.30 180 3. Pate Brothers Const. 707,736.20 7,522.66 715,258.86 180 4. Ga-rney Companies 770,007.30 5,240.00 775,247.30 180 5. Mid-State Utilities 820,937.38 7,002.00 827,939.38 250 6. Linder-Stahl Construct. 825,022.50 4,391.00 829,413.30 270 7. Circle ' C' Construction r 826,907.00 6,900.00 833,807.00 200 *Note: 160 Calendar Days bid was submitted by letter dated September 26, 1994. . We are nôt familiar with previous work on similar projects by the low bidder, Fox Cõntractors, Inc. However, this company has submitted reference material which indicates that they have. experience with water and sanitary sewer construction projects. We will be contacting several of the references provided before the October 10, 1994, Council Meeting, and report our findings to you at that time. In the absence of any negative reports regarding the performance of the low bidder on any other similar projects, we would recommend that the contract be awarded to Fox Contractors, Inc., P.O. Box 951, Midlothian, Texas, 76065, in the amount of $628,505.50 for a period of 160 Calendar Days. 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 ,. . . . September 30, 1994 Davis Blvd., (F.M. 1938), Water and Sanitary Sewer Utility Adjustments Tabulation of Bids and Recommendation of Contract A ward We will be present at the October 10, 1994, Council Meeting to assist you with answers to any questions which the Council may have concerning this project. Meanwhile, please call if we can be of further service in this regard. ~( {la~ RICHARD W. ALBIN, P.E. RW A/ra/Enc1osures/Bids.568/ cc: Mr. Rodger N. Line, City Manager Mr. C.A. Sanford, Deputy City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Kevin B. Miller, P.E., Assistant Director of Public Works Mr. LatTy Cunningham, Director of Finance Mr. Larry Jones, Public Works Superintendent/Utilities Mr. Charles Kitchens, Utility Coordination, Texas Department of Transportation