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CC 1995-05-22 Agendas
CITY OF N@RTHRICHLAND HILLS ----------.------- Office of the City Secretary May 19,1995 ITEM ADDED TO THE MAY 22,1995 CITY COUNCIL AGENDA *16a. GN 95-70 Resolution Supporting Carswell Air Force Base - Resolution No. 95-31 POSTED 5- /CJ-15 Date ¡. 35 ¡Q fVL Time City Secretary By (J fJ~ P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 USA 7301 Northeast Loop 820 * 817-581-5502 * FAX 817-581-5516 CITY OF N$RTH RICHLAND HILLS --.--------------- .-.......-.-.-.-- Office of the City Secretary May 22, 1995 EMERGENCY ITEM ADDED TO THE MAY 22,1995 CITY COUNCIL AGENDA: 19a. PU 95-37 Award of NRH20 Liability Insurance Contract F POSTED c·} c-' -< ,-) .. of;;' . 1--../ Catf I / S ;;?-f:.f~!yl , . .. .. . Ti[flß ..... "¡.. ,~ ~ ---- (J?......... c. ~¡t';J :~,~I,'!ril tiny ~' i ". ' ::5L~ 'By . ....." ,."..."',.._=~_.. P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 USA 7301 Northeast Loop 820 * 817-581-5502 * FAX 817-581-5516 CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MAY 22, 1995 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. PZ 95-06 Baron's Place Zoning Change (Tabled at the May 8, 1995 Council Meeting) (10 Minutes) 2. IR 95-65 Old Towne Smithfield Study (10 Minutes) ì¡ - '. iI 3. GN 95-67 Lone Star Gas Co. Rate Request - Resolution No. 95-29 (Agenda Item No. 14) (5 Minutes) . 4. GN 95-68 Ordinance Amending Ordinance No. 1814 - Fire Prevention - Ordinance No. 1972 (Agenda Item No. 15) (10 Minutes) : 5. PW 95-26 Approve City/Developer Agreement with WSJ Rufe Snow 94 Ltd. for Hightower Drive Paving and Drainage Improvements (Agenda Item No. 20) (5 Minutes) 6. Other Items Page 2 NUMBER ITEM ACTION TAKEN 7. Adjournment - 7:20 p.m. '-r....- .~-".;"" CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MAY 22,1995 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. . -NUMBER ITEM ACTION TAKEN II 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting April 24, 1995 5. Presentations by Boards & Commissions Page 2 NUMBER ITEM ACTION TAKEN 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (11,12,13,14,15,17,18, 19,20,21,22,23,24 & 25) 8. Presentation of Proclamation - Mayor Brown 9. PZ 95-09 Public Hearir)g to Consider the Request of Academy Corp. To Rezone Lot 2B, Block 42A, Richland Terrace Addition from R-7-MF Multi- Family Residential to C-1 Commercial - Ordinance No. 2050 (Located at the Northwest Corner of NE Loop 820 and Cloyce Court) 10. PZ 95-10 Public Hearing to Consider the Request of P & S Construction for a Special Use Permit for a Mini- Warehouse Facility on Lot 1, Block 30, Holiday North Addition - Ordinance No. 2051 (Located in the 5500 Block of Davis Boulevard) *11. P S 95-15 Request of Richland Centre Inc. For Amended Plat of Lots 3R and 5R-8R, Block A, Richland Oaks Addition (Located in the 8500 Block of Airport Freeway) Page 3 NUMBER ITEM ACTION TAKEN *12. PS 95-16 Request of Meadow Lakes North Limited Partnership for Amended Plat of Meadow Lakes North Addition (Located in the 6000 Block of Browning Drive) *13. PS 95-17 Request of Venture Stores for Amended Plat of Lots 1 and 2, Block 1, Venture Addition (Located at the intersection of Davis Boulevard and Grapevine Highway) *14. GN 95-67 Lone Star Gas Co. Rate Request - Resolution No. 95-29 *15. GN 95-68 Ordinance Amending Ordinance No. 1814 - Fire Prevention - Ordinance No. 1972 : 16. GN 95-69 Appointment to Zoning Board of Adjustments *17. PU 95-34 Authorization to Extend Automotive Parts Contract *18. PU 95-35 Award Contract for the Fuel System Upgrade *19. PU 95-36 Award Bid for Fire Hose -_.._---"._~-------'--^._.-- Page 4 NUMBER ITEM ACTION TAKEN *20. PW 95-26 Approve City/Developer Agreement with WSJ Rufe Snow 94, Ltd. for Hightower Drive Paving and Drainage Improvements *21. PW 95-27 Approve Budget for Calloway Branch 21-inch Parallel Sewer (Lola Drive North to Holiday Lane) *22. PW 95-28 Approve Construction Agreement with the Trinity River Authority for 1 Relocation of Sanitary Sewer Metering Station 3.0WC - Resolution No. 95-30 *23. PAY 95-06 Approve Final Pay to AII-Tex Paving, Inc. For Paving Improvements at Fire Stations 2 and 3 *24. PAY 95-07 Approve Final Pay Estimate NO.4 in the Amount of $55,773.68 to Wright Construction Co., Inc. For Precinct Line Road Utility Adjustments, Phase I *25. PAY 95-08 Approve Final Pay Estimate No.2 for Replacement of Signal Light Equipment on Rufe Snow Drive (Lewis Drive to Starnes Road) Page 5 NUMBER ITEM ACTION TAKEN 26. Citizens Presentation 27. Adjournment ..,.......~" POSTED ¡- 6-/1.9S Dab? .3,'01 £.n1 Ti e City Secretary Bya&~JYU ____ ___.__ May 10, 1995 The Office of the Mayor City Council Members North RicWand Hills 7301 N.E. Loop 820 North RicWand Hills, TX 76180 Re: ,PZ 9 5..,.Op; Baron's Place; _Zoning Change Mr. Mayor and Council Members, The above referenced zoning change was reviewed by the City Council in the public meeting held May 8, 1995. In that session the matter was tabled for further review by staff of the potential impact upon drainage in the area. Please accept this writing as my formal request to have this matter placed on the calendar for the next full meeting of the City Council of North RicWand Hills. We pray that the Council will reconsider their action to table and grant the requested zoning change based upon the following argument. In light of the recent flooding, it is understandable that the issue of drainage would be in the forefront of the minds of the Council. However the issue of drainage is a matter more appropriately reserved for final plat approval. When preliminary approval was given for Baron's Place it was done so with the understanding that Prestige would completely comply with the recommendations of staff, including the requirement that a further study of the drainage area be performed and that facilities be engineered accordingly. It is and always has been our philosophy to be a good neighbor. This study has been contracted for and is currently under way. I believe the issue of adequate drainage will be resolved to the satisfaction of all. My primary concern at this point is the Councils action to table the zoning change. The success of this development is dependent upon the change in zoning trom AG to R-3. I am not comfortable with further investment in the project until I can be reasonably assured that the objection of the Council is truly drainage and not a matter of zoning. By granting the zoning change the City will still maintain their authority over the proper development of the property through final plat approval and give us the confidence to move forward. This project will be a fine addition to the City of North Richland Hills. If there is no real objection to the zoning change, I pray you will grant my request to calendar this matter and give your approval at the next meeting of the City Council. Thank you for attention to this mater. If! may be of further service I stand ready to address you questions. Sincerely Robert B. Pres ey Prestige Development INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-65 '- ~ Date: -y- Subject: May 22,1995 Old Towne Smithfield Study The purpose of this Informational Report is to request authorization to prepare a preliminary Old Towne Smithfield Study to explore the potential for developing a historical area associated with the proposed extension of the Tarantula Railroad through North Richland Hills. There has been some interest in the past for creating a Smithfield historical area, but until the Tarantula Railroad extension was proposed, no official plan has been suggested. Since officials with the Tarantula RR have expressed the need to establish a watering stop in the North Richland Hills area for the successful operation of the railroad, a plan should be considered at this time to investigate various options which will enhance North Richland Hills as a tourism stop on the Tarantula Railroad. However, the current land use arrangements in the Smithfield area are not conducive for a tourism program. Retail space is limited and no plans exist for redevelopment of the area to maximize its potential as a tourism attraction on the Tarantula Railroad. The Old Towne Smithfield Study will analyze existing land use arrangements, identify opportunities for future development, and explore altematives for developing a historical·so~!!"!g in the Smithfield area. Possible options include specialty retail shops and housing styles developed with \_. a "turn of the century" architectural theme around a central plaza area. Other options may also be explored. The cost of the preliminary study is approximately $4,000. Funds are currently available in the planning budget of the Planning and Inspections Department. The firm of Planning Resources Group which has an ongoing retainer relationship with the City of North Richland Hills and provides technical assistance to the City in the areas of planning and zoning is recommended to be used to conduct the study. ~~cfUIIY SUbl~ Barry ~, Director Planning and Inspection Services "-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 8,1995 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order May 8, 1995 at 7:30 p.m. ROLL CALL Present: Tommy Brown Mark Wood Lyle E. Welch Mack Garvin Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilwoman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Jeanette Rewis Rex McEntire Greg Dickens City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Mayor Pro Tem Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. GN 95-60 - CANVASSING MUNICIPAL ELECTION RESOLUTION NO. 95-26 APPROVED Mayor Brown presented the following canvass of the May 6, 1995 Municipal Election: _____.__~..~'_.,_._.... .___..____~.___m_._._~._._.__.__··..·_·..___'__..__·~_ May 8, 1995 Page 2 RESOLUTION NO. 95-26 WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 6th day of May, 1995 to elect Council Places 1 3, 5 and 7 of the City of North Richland Hills, Texas; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 8th day of May, 1995; and WHEREAS, the canvass showed the following results: Candidates Lyle E. Welch Mark Wood Ray Oujesky Linda Spurlock Office Place 1 Place 3 Place 5 Place 7 Total 277 291 281 281 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The above canvass be and the same hereby is in all things approved. 2. The Council finds that the following candidates should be declared elected to the office indicated: Office Place 1 Place 3 Place 5 Place 7 Duly Elected Official Lyle E. Welch Mark Wood Ray Oujesky Linda Spurlock Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve Resolution No. 95-26. Motion carried 7-0. May 8, 1995 Page 3 5. GN 95-61 - FILING STATEMENTS AND OATHS OF ELECTED OFFICIALS WITH THE SECRETARY OF STATE- RESOLUTION NO. 95-27 APPROVED Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve Resolution No. 95-27. Motion carried 7-0. 6. GN 95-62 - OATH OF OFFICE Attorney McEntire administered the oath of office to Lyle E. Welch, Mark Wood, Ray Oujesky and Linda Spurlock. 7. GN 95-63 - ELECTION OF MAYOR PRO TEM Councilman Wood moved, seconded by Councilwoman Spurlock, to elect Councilwoman Johnson as Mayor Pro Tem. Motion carried 7-0. 8. MINUTES OF THE REGULAR MEETING APRIL 24,1995 APPROVED Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the minutes of the April 24, 1995 meeting. Motion carried 7-0. 9. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES No action necessary. May 8, 1995 Page 4 10. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 11. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (15, 16,21, 22, 23, 24, 25, & 26) APPROVED Councilman Garvin moved, seconded by Councilman Oujesky, to approve the Consent Agenda. Motion carried 7-0. 12. PZ 95-06 - PUBLIC HEARING TO CONSIDER THE REQUEST OF BOBBY KING TO REZONE TRACTS 4A, 4C2, AND 4D, MCCOMAS SURVEY, ABSTRACT 1040, FROM AG AGRICULTURE TO R-3 SINGLE FAMILY RESIDENTIAL - ORDINANCE NO. 2047 (LOCATED IN THE 7700 BLOCK OF CHAPMAN DRIVE) TABLED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to please come forward. Mr. James Dewey, developer, appeared before the Council and spoke in favor of the request. Mr. Mike Dean, 6725 Hewitt, representing 8 homeowners, appeared before the Council. Mr. Dean requested that an engineer look at the drainage and also talk to the people on Hewitt about drainage problems. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak in opposition Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Sibbet, to table PZ 95-06. May 8, 1995 Page 5 Motion carried 6-1; Councilmen Welch, Garvin, Wood, Oujesky and Sibbet and Mayor Pro Tem Johnson voting for and Councilwoman Spurlock voting against. 13. PZ 95-07 - PUBLIC HEARING TO CONSIDER THE REQUEST OF MELVIN WOOD TO REZONE A PORTION OF TRACT 1A3, RUMFIELD SURVEY, ABSTRACT 1365, FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL - ORDINANCE NO. 2048 (LOCATED IN THE 8600 BLOCK OF RUMFIELD ROAD) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Rick DeWood, Engineer, appeared before the Council to speak in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to please come forward. There being no one wishing to speak in opposition, Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Oujesky, to approve Ordinance No. 2048. Motion carried 7-0. 14. PZ 95-08 - PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY WRIGHT TO REZONE TRACTS2A AND 2B, HOOD SURVEY, ABSTRACT 683, FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL - ORDINANCE NO. 2049 (LOCATED IN THE 7900 BLOCK OF SMITHFIELD ROAD) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Mark Long, representing the applicant, appeared before the Council to speak in favor of the request. May 8, 1995 Page 6 Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one wishing to speak in opposition Mayor Brown closed the Public Hearing. Councilman Oujesky moved, seconded by Councilman Wood, to approve Ordinance No. 2049. Motion carried 7-0. *15. PS 95-06 - REQUEST OF HOPE LUMBER COMPANY FOR REPLAT OF LOTS 1-8 AND PORTIONS OF LOTS 9 AND 10, BLOCK H, SMITHFIELD ADDITION (LOCATED AT 6416 SMITHFIELD ROAD) APPROVED *16. PS 95-10 - REQUEST OF B.H.&L. JOINT VENTURE FOR REPLAT OF LOTS 1-4, BLOCK 1; AND LOTS 7-10, BLOCK 5, FOREST GLENN ADDITION (LOCATED AT THE INTERSECTION OF VINE WOOD DRIVE AND RED ROSE TRAIL) APPROVED 17. GN 95-59 - RESOLUTION OPPOSING THE REPEAL OF A 1994 NATIONAL ASSAULT BAN - RESOLUTION NO. 95-25 APPROVED Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve Resolution No. 95-25. Motion carried 7-0. May 8, 1995 Page 7 18. GN 95-64 - PROPOSED RISK MANAGER DENIED Councilman Garvin moved, seconded by Councilwoman Spurlock, to deny GN 95-64. Item to be presented again at Budget Work Session. Motion carried 7-0. 19. GN 95-65 - REQUEST OF JOHN VOLKMAN FOR VARIANCE FROM MASONRY REQUIREMENT APPROVED Mr. Carter Lyon, Distributor, 1209 Security, Dallas, appeared before the Council. Mr. Carter explained the type of product used and the application. Mr. John Volkman, developer, appeared before the Council. Mr. Volkman advised there were two stucco houses in the area. He had several requested to build stucco houses. Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve GN 95-65, one house only. Council will review the ordinance. Motion carried 7-0. 20. GN 95-66 - LEGAL FEES FOR HALTOM CITY/IRON HORSE APPROVED Councilman Wood moved, seconded by Mayor Pro Tem Johnson, to approve GN 95-66. Motion carried 7-0. "'21. PU 95-32 - AWARD ANNUAL CONTRACT FOR AQUATIC CHEMICAL SUPPLIES FOR NHR20 AQUATIC PARK APPROVED .. May 8,1995 Page 8 *22. PU 95-33 - AWARD ANNUAL CONTRACT TO SUPPLY T-SHIRTS APPROVED *23. PW 95-22 - SET DATE FOR PUBLIC HEARING ON STREET AND DRAINAGE IMPROVEMENTS FOR RODGER LINE DRIVE APPROVED *24. PW 95-23 - AWARD OF BID ON RUFE SNOW DRIVE PAVING AND DRAINAGE IMPROVEMENTS, PHASE I INCLUDING JERRELL STREET AND OFF SITE HARMONSON DRIVE DRAINAGE APPROVED *25. PW 95-24 - AWARD BID FOR 1995 STREET WEDGE MILLING PROJECT APPROVED *26. PW 95-25 - APPROVE AMENDMENT TO TRAFFIC LIGHT SYNCHRONIZATION (TLS) III PROGRAM - RESOLUTION NO. 95-28 APPROVED 27. CITIZENS PRESENTATION Mr. Sanford gave a report on the storm damage in the City. Mr. Ross Hood, 7516 Teakwood Court, appeared before the Council and spoke on flood and drainage problems in Teakwood. May 8, 1995 Page 9 28. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary \J6c T City of ~orth 1UcWand Wlls WHEREAS, Ùcüv-<'duai. and OILganÙed 60~ 06 ~e~eat-<.on and the ~eat-<.ve U4e oi 6~ee t-<.me aÆe v-<.tai. to the. happy ¿¿vu 06 aU OWl c.,(;t¿Ze.M, and paÆk. and ~e.~e.at-<.on p~og~a.nu, tlvwughou;t the. C-<.ty 06 NoJt-th TUc.hland H-UU enc.ompit66 a mu..U.Uu.de. 06 ac-üviliu tha;t c.an ~uu.U -<.n pVt.6onai. ac.c.ompwhme.n:t, ¢el6 6a..:t.W 6a.c;ûon and 6amil.y und:.y 60~ aU c.,(;t¿ze.n6, ~e.gaÆdtU6 06 the-út bac.k.g~ound, ab~y level o~ agej and WHEREAS, c.,(;t¿ze.n6 06 NolLth TUc.hland H-i.ll.6 6hou1.d ~ec.ognize. the v-<.tai. ~ole. tha;t 6wimm-<.ng and aqu.a.tic.-~e.ta.te.d ac;ûviliu ~ellLte. to good phyÚc.a-e and me.n:tai. he.aLth and e.nhanc.e. the quatLty 06 ¿¿6e.60~ aU pe.oplej and WHEREAS, the. C-<.ty 06 NolLth TUc.hland H-UU -ÍÅ e.xtJr.e.me1y pltOud 06 :the new 6w-Únmtng 6ac.il.ij..,¿u and aquat-<.c. p~og~CUi1¢ 06 tJU.,¿, c.ommun.Lty a.nd :the-út c.orWúbu.:tion to PMv-<.cüng aU agu a he.aLth!! plac.e to ~e.~e.a.te., c:. p.tac.e. to le.aÆn and g~ow, to leaÆY:. :to 6W.ún, br.Ú.ld 6el£-e.¢te.e.m, c.onMde.nc.e. and ¢eMe. 06 6e1.ó-wo~h whÃ..c.h c.ontJúbu;tu Úgni6-<.c.antey to the. qua..Wy 06 ¿¿6e. -<./1 OWl c.ommwU;ty. NOW, THEREFORE, 1, Tommy B~own, Mayo~ 06 :the. C-<.ty 06 NolLth TUc.hland H-UU, Texo.J." do htVte.by p~Oc.l1LÚn the. we.ek. 06 Ma.y 2 7 - June. 4, 1 995 it6 "NATIONAL AQUATIC WEEK" and do Wlge. aU. :th06e. -<.n the. Cily 06 IJolLth TUdU'.ar:d H-UU to 6UppOJr.!.: and p~omo,te. tJU.,¿, ob6tVtvanc.e.. IN WITNESS WHEREOF, 1 ha.ve. hvr.e.un:to ¢et my hand and c.a.r.u e.d the 6 e.ai. 06 :the C.u:.y of:. NolLth R.i.c.hland H-LU.6 to be. a6 Mxe.d tJU.,¿, the 22 nd day 0 Ó May, 1995. ;.,.;.~ .I{~ Z,c~~.".:._~:~...: -,oJIt ¿"- .' ~ , :/~ ..- é ::;f- ('I] ~J ~$' .¡,,;;: ¿ &: U ..,~ 0' . :::~-"- ~ r~ -~ ~~ ~t. t 1/' : ¡-: . .~g':. I =t' .~ ~_. ,-íJ £ !'t!}i!i. '. _.... 11:"':'· ,:.~ .;.. f/;--"'-::';t~~ ",...."2J tJ.~Z' :-fff((ff({~"" · Tommy B~own, Mayo~ CITY OF NORTH RICHLAND HILLS Planning and Inspections ~ Council Meeting Date: 5/22/95 Department: ,,,-..bject: Public Hearing to consider the reauest of Academv Corp. Agenda Number: PZ 95-09 to rezone Lot 2B, Block 42A, Richland Terrace Addition, from R-7-MF Multi-Family Residential to C-1 Commercial. (Located at the northwest corner of NE Loop 820 and Cloyce Court) Ordinance No. 2050 The Academy Corporation is the prospective buyer of a 7.477 acre tract of land located at the northwest corner of Northeast Loop 820 and Cloyce Court. The Academy Corporation proposes to develop the site for a sporting goods store and r.estaurant site. However, the property is currently zoned R-7-MF Multi-Family Residential, and the proposed uses are not allowed in that zoning district. The developer is seeking a zoning change to C-1 Commercial to allow the uses. The lot meets the minimum requirements of the C-1 Commercial District. Other development regulations associated with this property would include: 1. Landscaping: The C-1 district requires that a minimum of 15% of the lot's land area, or its equivalent, b~ maintained in a landscaped area; The actual land area can be reduced to 7.5% .. through the U~;~ ,-of enhancements such as trees and shrubs. 2. Masonry Screening Wall: The Zoning Regulations require a masonry screening along the entire north property line. Section 920 requires a screening wall between commercial property ,-. and multi-family property. It is the responsibility of the commercial land developer to construct the screening wall. ' 3. Signs: The allowable number, height and size of signs in this development is based on the street frontage of the lot. Some signs in this development will also qualify for additional size and height if they are located within the Freeway Overlay Zone. 4. Height of Buildings: Since the property to the north is zoned R-7-MF, the Zoning Regulations will limit the height of the buildings to 1.5-feet in height for every 1-foot setback from the north property line. The regulations will also require a minimum 25-foot setback. The Comprehensive Land Use ..Plan identifies 'this area for low density single family development. This request is not consistent with the Plan.. Since the Planning and Zoning Commission recommended approval, the attached ordinance includes a section that will amend the Plan to show this property designated as commercial. ' Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available ')perating Budget ,.:Jther 1 _. ~ ~ Q at. __ _ Departme ~~nature CITY COUNCIL ACTION ITEM . FInance Dlleeto, Page 1 of 2. The Planning and Zoning Commission conducted a Public Hearing and considered this request at its May 11, 1995 meeting and recommended approval subject to the following requirements: the two , Jrthern "finger" parcels shall not count as part of the landscaping requirement, and a 10-foot buffer -~ strip is required along the north and west property lines. RECOMMENDATION: It is recommended that the City Council conduct the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. "-- ORDINANCE NO. 2050 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: 1. THAT, on Case Number PZ 95-09, the following property shall be rezoned from R-7-MF Multi-Family Residential to C-1 Commercial: BEING 7.477 acres of land located in Lot 2, Block 42-A, Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-60, Page 46 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as foll0ws' BEGINNING at a 1/2-inch iron rod found at the most Easterly Northeast corner of said Lot 2, being the intersection of the Juth right-of-way line of Maplewood Avenue (a 60 foot wide right-of-way) with the West intersection of Cloyce Drive (a 60 foot wide right-of-way); THENCE along the East boundary line of said Lot 2 and the West right-of-way line of said Cloyce Drive, as follows: 1, South 00 degrees 21 minutes 50 seconds West 1,154.80 feet to a 1/2-inch iron rod set at the beginning of a curve to the right; 2. Southwesterly 142.04 feet along said curve to the right, having a radius of 245.38 feet, a central angle of 33 degrees 10 minutes 00 seconds and a chord bearing South 16 degrees 56 minutes 50 seconds West 140.07 feet to a 5/8- inch iron rod found at the end of said curve; 3. South 33 degrees 31 minutes 50 seconds West 48.31 feet to a 1/2-inch iron rod set at the most Southerly corner of said Lot 2 and the intersection of the Northeast right-of-way line of Interstate Highway Loop 820; THENCE North 56 degrees 48 minutes 27 seconds West 397.17 feet along the Northeast right-of-way line of said Interstate Highway Loop 820 and the Southwest boundary line of said Lot 2 to a 1/2-inch iron rod set at the Southwest corner of said Lot 2, being the Southeast corner of the drainage easement conveyed to the State of Texas, by the deed recorded in Volume 3772, Page 411 of the Deed Records of Tarrant County, Texas; THENCE along the Southwest boundary line of said Lot 2 and the Northeast boundary line of said drainage easement, as follows: 1. North 11 degrees 21 minutes 14 seconds West 83.71 feet to an 'X' cut in a concrete drainage channel; 2. North 16 degrees 40 minutes 14 seconds West 294.46 feet to an 'X' cut in a concrete drainage channel; 3. North 09 degrees 23 minutes 58 seconds West 62.77 feet to a 1/2-inch iron rod in a concrete drainage channel; -HENCE North 80 degrees 36 minutes 02 seconds East 20.00 feet along the West boundary line of said Lot 2, and .Jeparting said drainage easement, to a 1/2-inch iron rod set at the Southeast corner of the drainage easement conveyed to the City of North Richland Hills, by the deed recorded in Volume 5157, Page 808 of the Deed Records of Tarrant County, Texas; THENCE along the most Westerly boundary line of said Lot 2 and the Easterly boundary line of said City of North Richland Hills Drainage Easement, as follows: 1. North 02 degrees 27 minutes 30 seconds West 105.41 feet to a 1/2-inch iron rod set; 2. North 28 degrees 09 minutes 06 seconds West 650.73 feet to a 1/2-inch iron rod set at the most Westerly Northwest corner of said Lot 2, and lying in the South right-of-way line of aforesaid Maplewood Avenue; THENCE North 89 degrees 39 minutes 42 seconds East 22.71 feet along the North boundary line of said Lot 2 and the South right-of-way line of said Maplewood Avenue; THENCE North 89 degrees 39 minutes 42 seconds East 399.11 feet along the South boundary line of said Lot 1 and the South boundary line of Lots 8-R and 9-R, Block 42-A, Richland Terrace Addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-170, Page 9 of the Plat Records of Tarrant County, Texas, to a 1/2-inch iron rod found at the Southeast corner of said Lot 8-R; THENCE North 14 degrees 01 minutes 10 seconds East 310.33 feet along the Southeast boundary line of Lots 6-R through 8-R of said Block 42-A, Richland Terrace Addition, to a 1/2-inch iron rod set at the Northeast corner of said Lot 6-R; THENCE North 00 degrees 21 minutes 59 seconds East 270.17 feet along the East boundary line of Lots 3-R through 5-R of said Block 42-A, Richland Terrace Addition, to a 1/2-inch iron rod found at the Northeast corner of said Lot 3-R, lying in the South right-of-way line of aforesaid Maplewood Avenue; THENCE South 89 degrees 12 minutes 30 seconds East 6.25 feet along said South right-of-way line to THE PLACE OF BEGINNING, containing 7.477 acres, with 0.342 acres lying within a drainage easement, leaving a net 7.135 acres (310,786 square feet) of land, more or less. This property is located at the northwest corner of NE Loop 820 and Cloyce Court. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. THAT, the Comprehensive Land Use Master Plan, dated June 1992, is hereby updated to reflect a change in land use designation of the above described property from Low Density Residential to Commercial. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. SAVINGS CLAUSE. That 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. Ordinance No, 2050 Page 2 6. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF MAY, 1995. secreœ~4~~on PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF MAY, 1995. Mayor, City of North Richland Hills, Texas A"rTr'2~:n: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2050 Page 3 Zoning Case Review Fact Sheet Case No. PZ 95-09 Hearing Dates: PZ 5/11/95- CC 5/22/95 REQUEST: R-7-MF Multi-Family Residential to C-1 Commercial APPLICANT: Academy Corporation, PROPERTY OWNER: Robert IIdarraz, c/o Carroll Graves, Ft Worth SIZE AND LOCATION: Approximately 7.477 acres (0.342 acres lying within a drainage easement) located at the northwest corner of NE Loop 820 and Cloyce Court, just west of Huggins Mitsubishi. SITE CHARACTERISTICS: Vacant property. Property generally slopes to the west towards Calloway Branch creek. PROPOSED USE: Sporting Good Store and Restaurant ALLOWED USE: Sporting Good Store and Restaurant ADJACENT ZONING/LAND USES North South East West R-7-MF: existing apartment complex (Copper Creek) and quadraplexes NE Loop 820 frontage road C-2: existing car dealership (Huggins Honda and Mitsubishi) R-2: existing single family residences (Richland Terrace subdivision) DRAINAGE According to Flood Insurance Rate Maps, a portion of this property lies within the 1 OO-year and 500-year flood plains. THOROUGHFARE PLAN Primary access to this property is from the frontage road of Northeast Loop 820. This road is not classified on the Master Thoroughfare Plan. Secondary access may be allowed from Cloyce Court. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is not consistent with the Plan. ZONING HISTORY This property was initially zoned MF Multi-Family in 1967. No prior zoning change requests have been submitted on this property within the last ten years. fJ: ..... 17 I. .. "of ]& I ~~; 10 /,.- I. ~ 21 LOLA DR. c 5 & 7 ~ I, 1D II . -r ' J,o II JANETTA O~. 1 I. I " i--- , 11 2 11 J 1& J 1& , 15 '" , 15 ~ 5 5 " ~ " Z , IJ C s U -L-- .. 1 12 7 12 -- . II . II -- , ID , 'D ............"......,,,.. ...."."V:\'~; "2 ... 25 '\~ S 2< fR,\CT .It, ~i 1 23 20 \\O'v\íJ 2 I--- 22 ~~O 1-;, [. ". tst 517HN:TT~ 01. g B 12 r. I .~ 0- I 2 J '",~ ~{t, C~ I _ '_ .{\ > ~I;' 0 2 , 5R / ~ ~ 12 ~\\'...þo.~\~ 5 7 J / Z I. R\!...,t\ ID f- ~ i ? r: SCH'LLEt 01. ~ t~\;/ ~t¡11 lol~ ~ 1 ?ï· >-:- ~~ ~9 ,. ¡¡:¿-!~9 . ~~ ! 9 Ü IJ 15 20 --:;- ~---;- ~ - C£N IN -( ~ _ ~ ~ 91\-70 lACt C . .. 11 ~ 21 1 ~ ~ 11 ~ 21 22 I~ T6 -~!- 22 1 10 U 22 ·""·~"1....m..,,¡..;.c.:::.::., 26 1. J] .16.15 J-4 9 ~ <; f--- U 27 °OW CT. JJ U - ~> 26 11 :: 29 JO .11 .12 I--- U " 19 16 17 IS 15 14 ~ \ß1ßO '''DE CII. 11 12 IJ " 1.11. . J 2 I 10 , R-2 fR.IJC ~2. 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J It J 16 J 10 > _ r- ;l-_ ~ I ' _ 11 \~' 11 ~ I ' _ 11 .-- - -\-- -<I-I--- ~ I 18 \ S I 18 ~ \ 1 18 PlE'WOOD SHOIT sr. I) I .. ---;-;-1- - --~,~ IJ III ~ -- I~ 11 1'1 - V'> ·'R--2- .. c 11 _ 'A VI· -;;- L---- 11 >, " Zl-- ~r--'-~~_ I. rn· u ~,.., (~; 1 ,. ~.. ~ 5 II "' ",.. 9. -- -- ). ". ,. I). J' ... lR 9ft -- ,. CLlNIS LN. .. .. - J. - ,. - I. - - .. - - z >- z " ~- 1J " - . - .. J ~- '; , ~- > o I .. - 7 " IT. ~Ut I/tt ~~ lR law GI< = .N - .. f- JR - ,N ~ - I. '--- . IJ - I.. - ... 6R 19M ,-- 'UN 7. ... ''''' .. 1·1 I . - ". 1- ISA - ION ". - ". - 'a. )' 17 .... - H. ,. ". IN ". :. 2J. " ". ,. I) y...\J\): , rA'.1 N.RTH RICHLAND ,'. I 12 -I IJ Please print all responses CITY OF NORTH RICHLAND HILLS 7301 N,E. LOOP 620 NORTH RICHLAND HILLS, TEXAS 76180 617-561-5515 ..-' ,APPLICATION FOR A ZONING DISTRICT CHANGE PART 1. APPLICANT INFORMATION NAME OF APPLICANT / AGENT: ACADEMY CORPORATION/George Staples STREET ADDRESS OF APPLICANT: 701 Texas Commerce Bank Bldg., 860 Airport Freeway, W. CITY/STATE/ZIP OF APPLICANT: Hurst, Texas 76054 TELEPHONE NUMBER OF APPLICANT: 817/281-2222 PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERT Y OWNER: Roberto Ildarraz, Sr. STREET ADDRESS OF PRDPERTY OWNER: C/O Carroll F. Graves, 3501 Westcliff Rd., S. See attached. CITY /STATE /ZIP OF PROPERTY OWNER: Fort Worth, TX 76109 LEGAL DESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED: , STREET ADDRESS AT LOCA TlDN WHERE ZONING DISTRICT CHANGE IS BEING REOUESTEp: N/A PART 3. DESCRIPTION OF REQUEST CLRRENT ZONING: R7MF PROPOSED ZONING: C-1 Goods/Restaurant Pad Site H/:'ASDN FOR CHANGE: 1 d f Permit commercial development of property current y zone or multi-family use. SU1\Æ" Y OR MAP ATTACHED AS REOUIRED BY THIS FORM: ATTACH AFFIDA \l7T FROM PROPERTY OWNER IF APPLICANT IS NOT OWNER: DO YES c::J NO CJ YES CJ NO I hereby certify that the above information is correct to the best of my knowledge. Your Name (printed) G. A. Staples Signature DA TE: 4/7 /95 PART 4. OFFICE USE ONLY P & Z PUBLIC HEARING DATE: TAXES PAID? DYES DNO CASE NUMBER: pZ, tis.. CITY COUNCIL HEARING DA TE: LIENS PAID? DYES DNO FEE $300,00 ZONING DISTRICT CHANGE APROVED: DYES c::J NO ORD, NO. ASSESSMENTS PAID? DYES DNO This application y,;1I nOI be a:høduled tor public hearing unal tle appllcallon tee Is rece ved, SJ/PULA TlONS: ZONING DISTRICT CHANGE Page 1 012 CD-Q44 (t-~) From : p P--. 07. 1'3'35 0'3: 44 At-I P01 April 6, 1995 Hx. Bbrry Lo Baron P1amdng ¿H1d Jnspections Direotor C)ty of North :Richland Hills, Texae. '/30:1 H. E. Loop 820 North Richland Hl11~1 TX 76180 Dùft)' Hy·. Le B~ron: }'l~~se occept this letter as my consent, as reoord owner of the property locatod at the Northwest corner of the 1-920 ßQrvice road and Cloyoe Drive, to the rS2m11ng of such property by the Academy corporation from its curre"L classification. Aoademy has contracted to purchase this property from me. YOUl."S truly ···'7/ , ' ~,;// t' ¡ ~ / ,_,. // ,Á;/ ß(/'all/1.- aa~-)" 1/' ( ~r' .._-------Z.; ....- ._~- -- -". . Robert'; Ilcfárraz Sr_../ 10 '2~/:riT1~ ~ ~ 28/ 29 30 31 \ 32 :;;1-- '~~l-10~ \;:";~~ " ~"""" I" I :~:" ;/ ,'- "'r0f'- JADE CIRCLE '" ".. 0; " I 15 16 " 611 12 13 14 TI'1 13C 5 9 10 \. 3O'f., ;' 6 7 8 '" ~ ~r313 2 1 ~ 9, \ 7 6 I 5 4 I " '11 '" "" " ,;" I "T~Em Dï ;-j, fc£, "- Z 1 12 34~4 =rilltrr 2 8 11'1 T 21'1 31'11 ~ 13 '-- -r~ 3 >-- 7 - ~ 1!J1L-~N9U 8 I 7 ^'2.?/:J 7 ~:¡ "õ' :!,lCIÍ'" I 3" , _'. 3 15 < cr ~'- W·' -¡ \' · \ " 1--: ,," 1..\,: j" ~j ~i t ~ ' '. ' ~I.~ ~G- , , \ ,!)::- I /;, ì7,f! " I "J'¡! 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IF; 24" J "L _'::'.~~.,. 5 List of Property Owners Notified Case No. PZ 95-09 Academy Corporation -- Richland Terrace Addition 81 1 lots 33-36 City of North Richland Hills 812 lots 18-19 City of North Richland Hills 81 19 lot 1 Arnold Logan III 5101 Maryanna Way NRH 76180-6965 lot 17 Julie Bassham 5104 Cloyce Court NRH 76180-6946 lot 18 William Katchmazenski 5100 Cloyce Court N RH 76180-6946 8121 lot 1 Robert Fitch 406 Sandy Lane Ft Worth 76120-1718 lot 2 F&B Realty 1220 Brown Trail Bedford 76022-8004 8134 lot 5 Sidney Broyles 5008 Cummings Drive N RH 76180-6930 lot 6 Michael Green 5004 Cummings Drive N RH 76180-6930 lot 7 Roger Boler 5000 Cummings Drive NRH 76180-6930 lot 8 Jack Dysart 4924 Cummings Drive N RH 76180-6928 lot 9 Harlin House 4920 Cummings Drive N RH 76180-6928 lot 10 John Cordray 4916 Cummings Drive N RH 76180-6928 lot 11 Bonnie Clark 4912 Cummings Drive N RH 76180-6928 lot 12 Wiley Brown 4908 Cummings Drive NRH 76180-6928 lot 13 David Tucker 4904 Cummings Drive N RH :(6180-6928 ~'143 lot 14 In His Presence Corporation 6429 Saramac Drive Ft Worth 76148 lot 21 G reg Cox 7454 Gentling Place Court 1\1Rt-: 76180-6910 lot 22 Tim Hernandez 7458 Gentling Plaèe'CoUlí .:.NRH 76180-6910 ~145 lot 14 Thomas Moore 5104 Gentling Place NRH 76180-6912 lot 15 Charles Hurst 5100 Gentling Place NRH 76180-6912 lot 16 Don Mobley 5101 Maplewood Court NRH 76180-6911 lot 17 Patricia Sanchez 5105 Maplewood Court NRH 76180-6911 8146 lot 9 Harvey Espenschied 5104 Abby Road NRH 76180-6916 lot 10 Jerry Ell is 5100 Abby Road N RH 76180-6916 81 42CR lot 1 RA EG Huggins 7551 NE loop 820 NRH 76180-6971 lot 1 R8 Gene Huggins PO Box 18300 Fort Worth 76118 81 42A lot 1 Copper Creek Apartments 3600 Matlock Road # 102 Arlington 76015 lot 3 R Thomas Cotten PO Box 305 Colleyville 76034-0305 lot 4R Thomas Cotten PO Box 305 Colleyville 76034-0305 lot 5R Thomas Cotten PO Box 305 Colleyville 76034-0305 lot 6R Jerome Sprague 2701 Ridge Top Lane Arlington 76006-2729 lot 7R Robert Van Til 101 Quail Run Street Bedford 76021-2014 lot 8R Robert Van Til 101 Quail Run Street Bedford 76021-2014 lot 9R Robert Van Til 101 Quail Run Street Bedford 76021-2014 lot 10R Robert Van Til 101 Quail Run Street Bedford 76021-2014 lot 11 R Robert Van TiI 101 Quail Run Street Bedford 76021-2014 lot 12 R Claudio Caycedo 5025 Winder Court NRH 76180 lot 13 R Joe Wade 6420 Diamond loch North NRH 76180-8456 lot 14R Joe Wade 6420 Diamond Loch North NRH 76180-8456 ",14281 lot 1 WP Duckworth PO Box 820849 NRH 76182-0849 lot 2 WP Duckworth PO Box 820849 NRH 76182-0849 lot 3 WP Duckworth PO Box 820849 NRH 76182-0849 lot 4 WP Duckworth PO Box 820849 N RH 76182-0849 lot 5 WP Duckworth PO Box 820849 NRH 76182-0849 lot 6 WP Duckworth PO Box 820849 NRH 76182-0849 lot 7 WP Duckworth PO Box 820849 NRH 76182-0849 lot 8 WP Duckworth PO Box 820849 NRH 76182-0849 lot 9 WP Duckworth PO Box 820849 NRH 76182-0849 - lot 10 WP Duckworth PO Box 820849 NRH 76182-0849 lot 11 WP Duckworth PO Box 820849 NRH 76182-0849 lot 12 WP Duckworth PO Box 820849 NRH 76182-0849 lot 13 WP Duckworth PO Box 820849 NRH 76182-0849 lot 14 WP Duckworth PO Box 820849 NRH 76182-0849 lot 15 WP Duckworth PO Box 820849 NRH 76182-0849 lot 16 WP Duckworth PO Box 820849 NRH 76182-0849 lot 17 WP Duckworth PO Box 820849 N RH 76182-0849 lot 18R CD Gaines 2514 Hurstview Drive Hurst 76054-2723 lot 19R CD Gaines 2514 Hurstview Drive Hurst 76054-2723 lot 20R Bondell Poteet 2501 Bentley Drive Grand Prairie 75052-4113 lot 33R Bondell Poteet 2501 Bentley Drive Grand Prairie 75052-4113 lot 35A Willie Pietsch 5100 Randol Mill Rd #1217 Arlington 76112 lot 36A Wendy Price 4903 Maryanna Way N RH 76180-6967 lot 37 A Irma Yaggi 4905 Maryanna Way NRH 76180-6967 lot 38A Charles Spivey 4907 Maryanna Way NRH 76180-6967 lot 39A Stephan Cordas 4909 Maryanna Way N RH 76180-6967 lot 40 A Kimberly Beitzel 4911 Maryanna Way NRH 76180-6967 lot 41 A Mary Mosbarger 4913 Maryanna Way NRH 76180-6967 lot 42A Delores Hargrove 4915 Maryanna Way NRH 76180-6967 Lot 43A Robert Folkers 4917 Maryanna Way NRH 76180-6967 Robert Folkers 4917MaryannaWay NRH 76180-6967 - lot 44A lot 45A WP Duckworth PO Box 820849 NRH 76182-0849 lot 46A WP Duckworth PO Box 820849 N RH 76182-0849 lot 47 A Nawona Brown 4925 Maryanna Way N RH 76180-6967 lot 48A Shirlee Karley 4927 Maryanna Way NRH 76180-6967 Lot 49A Vernon Russ 4929 Maryanna Way NRH 76180-6967 lot 50A Kathleen Kelly 4931 Maryanna Way NRH 76180-6967 lot 51 A Louis Dietz 5001 Maryanna Way NRH 76180-6954 lot 52A Connie Fletcher 2306 Hillside Court #3 South lake 76092 lot 53A Connie Fletcher 2306 Hillside Court #3 South lake 76092 Lot 54A Toby Brinlee 2509 Shady Meadow Drive Bedford 76021-4442 lot 55A Margie Bedford 5009 Maryanna Way NRH 76180-6954 lot 56A Zona Pyron 5011 Maryanna Way NRH 76180-6954 lot 57 A Vera Christian 1136 2nd Street #5 Encinitas CA 92024-5010 Lot 58A Connie Fletcher 2306 Hillside Court #3 South lake 76092 Lot 59A Connie Fletcher 2306 Hillside Court #3 South lake 76092 lot 60A Connie Fletcher 2306 Hillside Court #3 South lake 76092 Lot 61 A Connie Fletcher 2306 Hillside Court #3 South lake 76092 lot 62A T onya Powell 5023 Maryanna Way N RH 76180-6954 lot 63A Phyllis Crowder 5025 Maryanna Way NRH 76180-6954 lot 64A Phyllis Crowder 5025 Maryanna Way NRH 76180-6954 lot 65A Mabel Norris 5029 Maryanna Way NRH 76180-6954 lot 66A Pay Maddox 5031 Maryanna Way NRH 76180-6954 Wallace Survey Abstract 1606 Tract 13Q Tract 13A 1 City of North Rich/and Hills City of North Richland Hills CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ----..:.... Council Meeting Date: 5/22/95 ''-... Jbject: Public Hearing to consider the request of P&S Construction Agenda Number: PZ 95-10 for a Special Use Permit for a Mini-Warehouse Facility on Lot 1, Block 30, Holiday North Addition. (Located in the 5500 block of Davis Boulevard) Ordinance No. 2051 P&S Construction is the developer of a 7.339 acre tract located in the 5500 block of Davis Boulevard, at the intersection with Emerald Hills Way. The developer has applied for a Special Use Permit to authorize a Mini-Warehouse Facility on the site. The property is currently zoned C-2 Commercial, and a Special Use Permit is required for this activity. The following is a summary of some of the items associated with this development proposal: 1. Buildings: Fifteen storage buildings are proposed, occupying 106,370 square feet. These buildings would be built over two phases. Two retail buildings are also proposed, occupying 16,200 square feet. The developer is proposing constructing the buildings on the property line. However, the regulations require a 25-foot setback from residentially zoned areas. Since this is a Special Use Permit request, the City Council can approve such a layout. ' 2. Masonry S«:feening Wall: The Zoning Regulations would require a masonry screening waiL ('., ' along the north, west, and south property lines. The developer is proposing constructing the '- buildings on the property line, using the back wall of the building as a screening wall. A screening wall would be built in any open spaces between buildings. The height of the building/wall would be approximately nine feet; the regulations only allow an eight-foot fence. 3. Landscaping: The regulations require that a minimum of 15% of the lot's land area, or its equivalent, be maintained in a landscaped area. The actual land area can be reduced to 7.5% through the use of enhancements such as trees and .shrubs.' The developer proposes to landscape an area equivalent to 29,585 square feèt over two phases (9.25% of the lot area). Since this is a Special Use Permit request, the City.Council may require a~ditional enhancements to ,increase the landscaped area. The Comprehensive Land Use Plan identifies this area for low'density single family development. This request is n.ot consistent with the Plan. Since the Planning and Zoning Commission recommended approval, the attached ordinance includes a section that will amend the Plan to show this property designated as commercial. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available '1peratlngBudget _ ~vther ~ ,~.... ~ Depart t Head Signature CITY COUNCIL ACTION ITEM ,Fonance Ollector Page 1 of 2 The Planning and Zoning Commission conducted a Public Hearing and considered this request at its May 11, 1995 meeting and recommended approval subject to the following requirement: the \...._~ndscaping on the lot must be in accordance with the submitted site plan. RECOMMENDA TION: It is recommended that the City Council conduct the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. "--- ORDINANCE NO. 2051 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER TWENTY-THREE FOR A MINI-WAREHOUSE FACILITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by authorizing Special Use Permit Number Twenty-Three, by changing said Zoning Ordinance as set forth herein; now thèrefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Twenty-Three be hereby authorized for a Mini-Warehouse Facility as set forth in Case Number PZ 95-10 on the property described as follows: Being Lot 1, Block 3D, Holiday North Addition, an Addition to the City of NOllll Richland Hills, Texas, according ) the plat recorded in Volume 388-143, Page 25, Plat Records, Tarrant County, Texas. This property is located at 5525 Davis Boulevard, at the intersection with Emerald Hills Drive. 2. THAT, the development regulations contained in the C-2 Commercial zoning district of Ordinance 1874 shall govern development on said property, except where amended below: 1. Building Locations: The building footprint locations shall be in accordance with the site plan attached as Exhibit A. 2. Building Lines: None required on the north, west, and south property lines. The front building line shall be a minimum of 25-feet. 3. Landscaping: The lot shall be landscaped in accordance with the site plan attached as Exhibit A. 4. Masonry Screening Wall: The exterior walls of the buildings may be used as the required masonry screening wall provided the buildings are constructed in accordance with the site plan attached as Exhibit A. A matching masonry screening wall shall be built in any spaces between buildings. The height of the wall may not exceed nine feet in height. 3. -tHAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 4. THAT, the Comprehensive Land Use Master Plan, dated June 1992, is hereby updated to reflect a change in land use designation of the above described property from Low Density Residential to Commercial. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11TH DAY OF MAY, 1995 ~øÓÁ Secretary, Planning ,and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22ND DAY OF MAY, 1995. 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APPLICANT INFORMATION NAME OF APPUCI4NT I AGENT: P & S CONSTRUCTION COMPANY/MATT SPEIGHT STREET ADDRESS OF APPUCANT: 5137 DAVIS BLVD. CITY 1ST ATE I ZlP OF APPUCANT: NORTH RICHLAND HILLS, TX 76180 PART 2. PROPERTY OWNER INFORMATION TELEPHONE NUMBER OF APPLICANT: 817-281-3509 NAME OF PROPERTY OWNER: HAMM & SANDLIN STREET ADDRESS OF PROP£RTY OWNER: 5137 DAVIS BLVD. CITY I STATE I ZIP a: PROPeRTY OWNER: TELEPHONE NUMBER a: PROP£RTY OWNER: NORTH RICHLAND HILLS TX 76180 817-281-3509 LEG,I.1.. DESCfllPTION OF PPOPERTY WHERE SPECIAL USE PERMIT IS BEING REOUESTED: Î. ~'\ ,..,cß.F~ Lot 1, Block 30, Holiday North, Section 8 STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REOUESTED: DAVIS BLVD. PART 3. DESCRIPTION OF REQUESiT CURRENT ZONING CLASSIFICATION: 2 ADDITIONAL COMMENTS: ATTACH SrTE PLAN PER SPECIFICATIONS ON REVCRSE SIDE OF THIS FORM: ATTACH AFFIDAVIT FROM PROPeRTY OWNER IF APPLICANT IS NOT OWNER: ß YES r:::J NO ÈtJ YES c:J NO Your Name (printed) MATT SPEIGHT TAXES PAlD? DYES DNO I hereby certify that the foregoing infonnation is co"ect to the best of my knowledge. DATE: PART 4. OFFICE USE ONLY P & Z PUBUC HEARING DATE: CfTY COUNCIL HEARING DA TE: UENS PAlD? DYES DNO FEE $300.00 SPECIAL USE PERMIT APROVCD: r:=J YES r:=J NO OAD, NO, ASSESSUENTS PAlD? DYES DNO TN. ~ic.~on wi! nollM ec:Nà.oled fer public .....ing ..,îI .... eppiic.tion t.. ill receiwd. CondilÌOn$ of Approvat SPECIAL USE PERMIT Page 1 01 2 CD-414 (4-93) (5) J. B. SANDLIN HOME~ 5137 Davis Blvd. Ft. Worth, Texas 76180 817/281-3509 (5) April II, 1995 City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, TX 76180 To whom it may concern: Being the principle owner of the property known as Lot I, Block 30, Holiday North, Section 8, I give permission to P & S Construction to pursue and obtain a special use permit as described on the attached application. Sincerely, ~n JBS/jw Residential & Commercial construction, land development, investments and remodeling "q - \,t<},\ o\SJ w a::. -, u ';::< 'u:> c: ' ....u:> c: .. 008; c: '" ¡;; '" u '" .... u'" ",0 ~C'Í ~ ~ 0[tlj ~ - '" '" en ~ .. : Q M - - Ou:> u:> l:J(1 lr ~ ~ ruN '" (T) '" u:> M CD '" 0- '" '" M n ,..,G ::: ~,,.) )'1. 0 0 z - I ~ J1l ú) c.~ ,.. ú) \J "' - I ð N C- I list of Property Owners Notified Case No. PZ 95-10 P&S Construction SUP Holiday North Addition 8120 Lot 26 Century Pacific Housing Partnership 110 One Stafford Park Dallas TX 75252 8121 Lot 2 Rex Bagby 5712 Stone Drive N RH 76180-6432 Lot 3 Rex Bagby 5712 Stone Drive NRH 76180-6432 Lot 6 Wen Sheng Chan 3915 Windview Drive Colleyville 76034-4448 Lot 7 Robert Pend leton 5713 Crestwood Circle West NRH 76180-6425 Lot 8 Mark Pafford 5709 Crestwood Circle West NRH 76180-6425 Lot 9 Jimmie Kawa 5705 Crestwood Circle West NRH 76180-6425 Lot 10 David Gardner 5701 Crestwood Circle West NRH 76180-6425 8122 Lot 4 Michael Barbolla 5709 Stone Drive NRH 76180-6433 8123 Lot 18 Glen Gridley 5609 Stone Drive NRH 76180-6401 Lot 19 AI Pugh 5613 Stone Drive NRH 76180-6401 Lot 20 Nina Neligh 5617 Stone Drive NRH 76180-6401 8124 Lot 1 Norman Holt 5616 Stone Drive NRH 76180-6436 Lot 2 Charles Johnson 5721 Crestwood Circle West NRH 76180-6425 Lot 3 Kathleen Cavanaugh 5608 Stone Drive NRH 76180-6436 Lot 4 Alex Wilson 5604 Stone Drive NRH 76180-6436 8129 Lot 1 Susan De Sousa 5702 Crestwood Circle East NRH 76180-6426 Lot 2 Emanuel Tricoli 5706 Crestwood Circle East NRH 76180-6426 Lot 3 Lynn Thorne 5710 Crestwood Circle East N RH 76180-6426 Lot 4 Secretary of H U 0 PO Box 2905 Fort Worth 76113-2905 r--- Lot 5 Ronald Prichard 5718 Crestwood Circle West NRH 76180-6424 Tract A Hamm & Sandlin 5133 Davis Boulevard NRH 76180-6873 Emerald Hills Addition 812 Lot 1 JV Curry 7500 Ridgeway Avenue NRH 76180-2932 Lot 2 John Ramsey 7808 Emerald Hills Way NRH 76180-5713 81 1 Lot 1 William Baldwin 7805 Emerald Hills Way NRH 76180-5714 8111 Lot 1 James Waggener 7703 Leesburg Drive Colleyville 76034-6919 Wallace Survey Abstract 1606 Tract 20A Texas Utilities Electric Companÿ PO Box 219071 Dallas 75221-9071 Tract 17A Texas Utilities Electric Company PO Box 219071 Dallas 75221-9071 Tract 178 Ron Harvey 5601 Davis Boulevard NRH 7180-6437 Tract 17J Regency Savings Bank 8 E Greenway Plaza #1100 Houston 77046-0801 Tract 17 Birdville ISO ----.,' Zoning Case Review Fact Sheet Case No. PZ 95-10 Hearing Dates: PZ 5/11/95 CC 5/22/95 REQUEST: Special Use Permit for a Mini-Warehouse Facility APPLICANT: P&S Construction, North Richland Hills PROPERTY OWNER: J.B. Sandlin, North Richland Hills SIZE AND LOCATION: Approximately 7.339 acres located in the 5500 block of Davis Boulevard, at the intersection with Emerald Hills Way. SITE CHARACTERISTICS: Vacant property. PROPOSED USE: Mini-Warehouse Facility ALLOWED USE: Mini-Warehouse Facility allowed in C-2 Commercial district by Special Use Permit ADJACENT ZONING/LAND USES ... North R-2: existing single family residences (Holiday North subdivision) South R-7-MF: existing apartment complex (Holiday Heights) East C-1/R-3: existing commercial building and single family residences (Emerald Hills) West R-4-D: existing duplexes (Holiday North subdivision) DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within a 1 DD-year or 5DD-year flood plain. THOROUGHFARE PLAN Primary access to this property is from Davis Boulevard, classified as a P6D Principal Arterial. A P6D thoroughfare is a 6-lane divided roadway, requiring an ultimate right- of-way of 11 O-feet. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for low density single family development in this area. This request is not consistent with the Plan. ZONING HISTORY This property was initially zoned 1F9 Single Family in 1967. The zoning was changed in 1969 to LR Local Retail, which was the zoning category until 1984. When the ordinance and map were entirely revised in 1984, the zoning classification was changed to R-7-MF Multi-Family Residential. In 1986, a zoning change request to C-2 Commercial was approved by the City Council. The approving ordinance excluded uses such as car dealerships, pawn shops, auto/truck rental facilities, and newspaper printing plants from locating on the property. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ---.:....- Council Meeting Date: 5/22/95 " _Jbject: Request of Richland Centre Inc. for Amended Plat of Lots 3~genda Number: PS 95-15 and 5R-8R, Block A, Richland Oaks Addition. (Located in the 8500 block of Airport Freeway) Richland Centre Inc. is thè owner of the Richland Centre shopping center located on the north side of Airport Freeway, at the intersection with Bedford-Euless Road. The owner's engineer,has submitted an Amended Plat for consideration by the City. The Amended Plat will correct the following items: . A portion of the utility easement along the north side of Lot 8R has been adjusted to prevent an encroachment into the building. Line 82 was adjusted from 15.06 feet to 7.50 feet. . Two lines in the drainage easement on the north side of Lot 5R have been adjusted. Line 35 was changed from 32.71 feet to 36.55 feet, and Line 36 from 89.98 feet to 112.00 feet. State statutes allow an amending plat,t~ be filed to correct items such as these. The Planning 'and Zoning Commi~ ¡',11 considered this amended plat at its May 11, 1995 meeting and . r~commended approval. "- RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) 1perating Budget -- .)ther . _~ ' . -¡.. .....,....., Depart Head Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available . Finance Doreclor Page 1 of CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ---.:....- Council Meeting Date: 5/22/95 __...bject: ReQuest of Meadow Lakes North Limited Partnership for Agenda Number: PS 95-16 Amended Plat of Meadow Lakes North Addition. (Located in the 6000 block of Browning Drive) Meadow Lakes North Limited Partnership is the owner and developer of the Meadow Lakes North subdivision, located in the 6000 block of Browning Drive, adjacent to the golf course. The owner has submitted an Amended Plat for consideration by the City. The Amended Plat will correctthe following item: . The property line between Lots 16 and 17, Block 1, has been adjusted to provide additional width on Lot 17. The width of Lot 17 was changed from 56.59 feet to 69.54 feet. State statutes allow an amending plat to be filed to correct items such as these. The Planning and Zoning Commission considered this amended plat at its May 11, 1995,meeting and recommended approval. . ."":. I, ~ECOMMENDA TION: " It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) 1peratlng Budget ~Jth.r:!;a-~:;¿-. ~Å, ~~ CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available - . Finance Director Page 1 of t CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 5/22/95 '__Jbject: Request of Venture Stores for Amended Plat of Lots 1 and 2,Agenda Number: PS 95-17 Block 1, Venture Addition. (Located at the intersection of Davis Boulevard and Grapevine Highway) Venture Stores is the owner of two lots located at the intersection of Grapevine Highway and Davis Boulevard. The owner's engineer has submitted an Amended Plat consideration by the City. The Amended Plat will correct the following item: . The sanitary sewer easement on the property has been adjusted slightly to facilitate the sewer lines tying into the adjacent property's sewer lines. State statutes allow an amending plat to be filed to correct items such as these. The Planning and Zoning Commission considered this amended plat at its May 11, 1995 meeting and recommended approval. RECOMMENDATION- '''"-, is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. . Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available 1perating Budget _ _.Jther '~ ,-a.. ~ Depart t ttead Signature Manager CITY COUNCIL ACTION ITEM . FInance Oirector Page 1 of CITY OF NORTH RICHLAND HILLS "- Department: Legal Council Meeting Date: Subject: Lone Star Gas Co. Rate Request; Resolution No. 95-29 Agenda Number: 5/??/95 GN95-67 Lone Star Gas Company has filed an intent to raise rates. The filing has a rate effective of May 25, 1995. Resolution No. 95-29 suspends the Schedule of Rates for ninety days. Recommendation: It is recommended the City Council pass Resolution No. 95-29. I\.. / , Source of Funds: Bonds (GO/Rev.) Operating Budget "- Other Finance Review Acct. Number Sufficient Funds Ava! able Rnence Director Manager Page 1 of RESOLUTION NO. 95-29 WHEREAS, Lone Star Gas Company has filed its Statement of Intent to change rates with the City Secretary; and WHEREAS, the Rate Effective Date in said Statement is May 25, 1995; and WHEREAS, the City Council and Staff do not have sufficient time to study the Statement and accompanying exhibits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The Schedule of Rates contained in the Statement is hereby suspended for a period of 90 days from the Rate Effective Date (May 25, 1995) to allow time for a study of the Statement. PASSED AND APPROVED this 22nd day of May, 1995. APPROVED: Mayor ATTEST: . City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS / Department: Fire Council Meeting Date: 5/22/95 Subject: Ordinance Amending Ordinance No 1814- Fire Prevention-Ordinance No. 1972 Agenda Number: GN 95-68 The fire department has been experiencing a major problem concerning response to false calls for service. These false calls are predominantly caused by malfunctioning alarm systems and there is nothing in the present ordinance that requires an alarm system owner to repair malfunctioning systems. The frequency of false calls have caused a significant misuse of personnel and resources of the fire department. The proposed amendment would do the following: Reduce the number of needless calls for service. Reduce the danger of apparatus responding Code 3 needlessly Reduce the down time of engine crews waiting fQr business owners/representatives to arrive on the scene to take control of their building. Improve response time for calls that require emergency response. Allow the fire department to require proper maintenance on alarm systems plagued by malfunctions. Recommendation: It is recommended that Ordinance No. 1972 be approved. Acct. Number Sufficient Funds Available $ ~~~.r CnYCOUNC~ACnONffEM FIn...ce Ow.ctor Page 1 of [1 ] ORDINANCE NO. 1972 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS AMENDING ORDINANCE #1814, THE FIRE PREVENTION ORDINANCE, REGARDING THE ASSESSMENT OF FEES FOR EXCESSIVE FALSE ALARMS; PROVIDING DEFINITIONS; PROVIDING A PROCEDURE FOR REPEAT OFFENDERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills adopted a Fire Prevention Ordinance number 1814 on June 22, 1992; and WHEREAS, the City Council finds that a high incidence of false alarms and/or malfunctions causes a significant misuse of personnel and resources of the Fire Department by causing the unnecessary dispatch of fire apparatus to the scene of a false fire alarm or fire alarm malfunction which renders them out-of-service and unavailable to respond to legitimate emergency situations; and WHEREAS, the' City Council finds that the continued high incidence of false alarms and/ormalfunctions are a threat to the health, safety and welfare of the citizens of the City of North Richland Hills; and WHEREAS, the North Richland Hills Fire Department supports recommending to the City Council this amendment of the Fire Prevention Ordinance Number 1814 for responses to multiple false fire alarms and fire alarm malfunctions as set forth herein; and WHEREAS, the City Council finds that the adoption of these procedures and fees for multiple false alarms and alarm malfunctions will serve the public health, safety and welfare; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: . 1. That, SECTION 17, FIRE ALARMS, be amended in its entirety to read as follows: A. DEFINITIONS f. U As used in SECTION 17.B and C only, the following words and terms shall have the following meanings: 1. Enforcement Official: The Fire Chief or designated representative. [2J 2. False fire alarm: The activation of any alarm which results in the response of the Fire Department caused by the negligence or intentional misuse of a fire alarm system by the owner/occupant or employees, servants or agents, or any other activation not caused by heat, smoke or fire, exclusive of a fire alarm malfunction. An alarm is not considered a false fire alarm if the alarm is activated due to obvious malicious causes beyond the control of the owner/occupant. 3. False alarm malfunction: The activation of any alarm which results in the response of the Fire Department caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance or any other response for which the Fire Department personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation. 4. Fee: The assessment of a mqnetary charge payable to the City of North Richland Hills, authorized pursuant to this section, to defray the expenses of responding to a false alarm or alarm malfunction. 5. Fire alarm system: Any mechanical, electrical or radio-controlled device which is designed to emit a sound or transmit a signal or message when activated or any such device which emits a sound and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the generality of the foregoing, alarm systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital alarm communicator systems. A single station alarm device shall not be deemed to be a fire alarm system under this section. '-- 6. Fire alarm technician: Any person who inspects, installs, repairs or performs maintenance on fire alarm systems and who is licensed by the State of Texas or works under a State licensed alarm contractor. 7. Owner/Occupant: Any persons or authorized representative who own, lease, operate, occupy or manage the premises in which a fire alarm system is installed. 8. Premises: Any building or structure, or combination of buildings or structures, incfuding residential dwellings, tenant or lease spaces located wholly or partially inside such building or structures, cfassified by the Uniform Building Code as a Group A, B, E, H, I, M and R occupancies, where a fire alarm system is installed. 9. . Required fire alarm system: A fire alarm system which the owner/occupant of a premises is required to install and maintain in an operative condition pursuant to this code. G [3] 10. Serve: The hand-delivery of written notification by a representative of the Fire Department to the owner/occupant or authorized representative who responds to the premises upon activation of a fire alarm system. In the event that the owner/occupant or authorized representative fails to respond to the premises within thirty (30) minutes of the activation of the fire alarm system, serve shall also mean the placement of written notification, form or other documentation within the postal system operated by United States Postal Service, addressed to the most current or last known address of owner/occupant or authorized representative. 11. Single-station alann device: An assembly incorporating the detector, control equipment and alarm-sounding device in one (1) unit operated from a power supply either in the unit, or obtained at the point of installation. 12. Smoke detector: A device which detects the visible or invisible particles of combustion. B. OWNER/OCCUPANT RESPONSIBIUTY, RESPONSE AND NOTIFICATION 1. The responsibility for a fire alarm system activation shall be that of the owner/occupant of the premises in which the fire alarm system is installed. .,,-- 2. The owner/occupant shall respond and report to the premises within thirty (30) minutes of notification by Fire Department personnel. Failure of the owner/occupant to appear at said premises within thirty (30) minutes after being notified, shall result in an assessment fee of seventy-five dollars ($75.00) by the City of North Richland Hills of the owner/occupant of the premises. 3. The owner/occupant shall be served with a copy of a "Fire Alarm Activation Report". Such report shall indicate if the fire alarm system activation was either a false fire alarm or a false alarm malfunction. 4. Once a false fire alarm or fire alarm malfunction has been responded to by the Fire Department, it shall be u!llawful for the alarm panel to be reset by the owner/occupant of the premises, until authorization from the Enforcement Official has been obtained. C. FALSE FIRE ALARM AND FIRE ALARM MALFUNCTION FEE CHARGES 1. All fees charged to an owner/occupant regarding false fire alarms and false alarm malfunctions shall be billed and collected by the City of North Richland Hills Finance Department. () [4] 2. No fee shall be assessed for the first three (3) false fire alarms or fire alarm malfunctions at the same premises during each calendar year. Thereafter, a fee of two hundred and fifty dollars ($250.00) shall be paid by the owner/occupant for each false fire alarm or false alarm malfunction located in a Group A, B, E, H, I, M and R-1 occupancies. 3. No fee shall be assessed for the first three (3) false fire alarms or fire alarm malfunctions at a Group R-3 occupancy premises during each calendar year. Thereafter, a fee of twenty-five dollars ($25.00) shall be paid by the owner/occupant for each false fire alarm or false alarm malfunction. After the seventh (7th) false fire alarm or fire alarm malfunction, or any combination thereof has occurred at the premises, the fee shall be fifty dollars ($50.00) for each false alarm call during the calendar year. 4. False fire alarms activated by any components connected to the fire alarm system shall be included to compute the total number of false alarms for purposes of this section. 5. Should any fee assessed pursuant to this Section remain unpaid in excess of one-hundred-twenty (120) days from the date the charge is billed, a collection fee in the amount of thirty-five percent (35%) of the outstanding balance shall be assessed and shall be payable by the owner/occupant of the premises in addition to the original fee. The owner/occupant shall also be responsible for any legal fees or cost~ incurred by the City of North Richland Hills in the enforcement of this Section. D. FIRE ALARM INSTALLATIONS 1. When required, fire alarm systems shall be installed in accordance with the National Fire Code, 72, 72E or 72H. 2. The installation, maintenance and continuous operation of smoke detectors in every occupancy classification listed in the Uniform Building Code are required to be installed by the owner with location and number determined by the Building Official. All required smoke detectors are to be wired directly to a dedicated house current. (No battery powered detectors are allowed, except when used as a back-up.) 3. When fire alarm systems are installed which include appliances other than just local smoke detectors, the fire alarm system shall be supervised by an approved central, proprietary or remote station service or a local alarm which will give audible and visual signals at a continually attended location. 4. Fire alarm systems which were installed prior to the adoption of this code that do not comply with N.F.P.A. Standards or do not comply with the Americans Disability Act shall be brought into compliance with both of the above mentioned codes when any repair or alteration is made to the system. / \ ) ,~ [5] 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 remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That Ordinance 1814, The Fire Prevention Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL THIS ,1995. TH DAY OF MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: í ATTORNEY FOR THE CITY \J The following is a list of fire alarm system malfunctions that the North Richland Hills Fire Department has responded to during a period from January 1, 1993 to November 30, 1993. Listed is the street address, occupant name [business only] and the number of times false alarm calls were made to that location in a 11 month period. STREET ADDRESS OCCUPANT NO. OF CALLS 7624 Grapevine Hwy. . . . . . . . . North Hills Mall . . . . . . . .. 56 7501 Glenview Dr. . . . . . . . . . . HCA Hospital .......... 16 7341 Glenview Dr. . . . . . . . . . . St. Johns Church ....... 15 5121 Rufe Snow Dr. ........ Don Pablo's ........... 14 )'>201 Rufe Snow Dr. ........ Richland Pointe Mall ..... 13 4351 Booth Calloway Rd. .. . . . N. Hills Prof. Bldg. . . . . . .. 11 8605 Airport Frwy. . . . . . . . . . . T.G.I Fridays .......... 11 8709 Airport Frwy. . . . . . . . . . . Lexington Inn .......... 08 6401 N.E. Loop 820 . . . . . . . . . Wal-Mart ............. 07 7800 Bedford Euless Rd. ..... Red Lobster .. . . . . . . . .. 06 4401 Booth Calloway Rd. . . . . . N.Hills Hospital . . . . . . . .. 05 6835 N.E. Loop 820 . . . . . . . . . Ryans Rest. ........... 05 6501 N.E. Loop 820 . . . . . . . . . Home Depot. . . . . . . . . .. 05 7517 Bogart St. . . . . . . . . . . . . F.W. Christian School .... 05 SUB TOTAL. . . . . . . . . . . 177 06 Businesses/Residences with 4 calls each ............ 24 13 Businesses/Residences with 3 calls each ............ 39 14 Businesses/Residences with 2 calls each ............ 28 84 Businesses/Residences with 1 call each............. 84 SUB TOTAL . . . . . . . . . . . 175 Alarm Malfunctions for 11 month period TOTAL ....... 352 CITY OF NORTH RICHLAND HILLS J ,,-. Department: City Secretary Appointment to Zoning Board of AdJll~tmp.nt~ Council Meeting Date: 5/22/95 Subject: Agenda Number: GN 95-6Q Place Three on the Zoning Board of Adjustments is currently vacant. Mr. Paul Young has been recommended for this appointment. Recommendation: It is recommended that the City Council consider the above appointment. '-- Finance Review Source of Funds: . Bonds (GO/Rev.) Operating Budget _ \ o er Acct. Number Sufficient Funds Available ~ Department Head Signature CnYCOUNC~ACnON"EM C4 FIMnC» Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Adm inistration Resolution Supporting Carswell Air Force Base- Kesolutlon No. 9b-31 Council Meeting Date: Subject: Agenda Number: 5/22/95 GN 95-70 Congressman Pete Geren has asked if we would adopt the attached resolution. This is something that would be beneficial to all of the metroplex. Recommendation: It is recommended that City Council approve Resolution No 95-31. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ .'-.. Other Acct. Number Sufficient Funds Available FlnMC8 Dlreçtot Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 95-31 WHEREAS, the establishment of a joint, master reserve/guard base complements and enhances the Department of Defense efforts in the joint military operations arena; and WHEREAS, a joint 000 facility was recommended by the 1993 Defense Base Closure and Realignment Commission and the Commission found the Dallas-Fort Worth metropolitan area to a superior recruiting area for a joint reserve/guard installation; and WHEREAS, a joint 000 facility occupied by the Naval & Marine Corps Reserve, the Air Force Reserve and the Texas Air National Guard provides for significant operational economies. Reduction or relocation of units to other locations will only increase Department of Defense costs which will have an overall adverse affect on training and readiness; and WHEREAS, the 1993 Commission found the relocation and location of Reserve & National Guard units to be consistent with the 000 Force Structure and the Base Closure Selection Criteria. We fully support the Commission & 000 decision to locate a multi-service reserve forces base at the former Carswell AFB, Texas. Any change in the profile of the installation at this time will only decrease training and readiness and increase costs to the American taxpayer; and WHEREAS, realignment of the 301st TFW assets to another location and retention of existing infrastructure will only increase overall Department of the Air Force operating expenses while reducing the effectiveness of the Air Force Reserve training as well as recruitment; and WHEREAS, Carswell Air Reserve Station is an integral part of the 1993 Commission and the Department of Defense's efforts to establish the Fort Worth Joint Reserve Base, and realigning this installation would have adverse affects on the operating effectiveness, and would diminish the concept of joint reserve operations. PASSED AND APPROVED this 22th day of May, 1995. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS ',- Department: Finance / Management Services Council Meeting Date: 5/22/95 Subject: Authorization to Extend Automotive Parts Contract Agenda Number: PU 95-34 At the April 22, 1993 meeting Council awarded the annual contract to supply automotive parts and supplies to Dick Smith, Inc., and at the March 28, 1994 meeting Council authorized the extension of this contract for an additional year. Dick Smith, Inc. has offered to extend the contract for one additional year and hold the same contract price. Dick Smith, Inc. has provided excellent service and delivery this last year. Recommendation: It is recommended City Council extend the contract with Dick Smith, Inc. to supply automotive parts and supplies for an additional year. '......- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget L .~~- Dep~~nt Head Signature CITY COUNCIL ACTION "EM 06-01-03-2850 06-01-03-2950 FI.....ce Director Page 1 of CITY OF NORTH RICHLAND HILLS ',-- Department: Finance I Management Services Council Meeting Date: 5/22/95 Subject: Award Contract for the Fuel System l Jrgr~de Agenda Number: PU 95-35 Regulations established by the Texas Natural Resource Conservation Commission (TNRCC) require gasoline fueling systems to be equipped with Stage II Vapor Recovery, cathodic protection and automatic leak detection. Formal bids were solicited for the upgrade of the City's main fuel system located at the Service Center to meet these regulations. The results are outlined below. United Services of Texas _..""..,·'..'~'œ·'..'·....,·,·íf.·, :"";:::,,.:::::.:1.,::,::.::;.\..; Gene Hill Equipment Company $34,056 $41,020 $57,900 Stovall Petroleum United Pump Supply \ "---- Having Stage II Vapor Recovery will enable the City to fuel vehicles on "Ozone Alert" days. United Services of Texas met all the conditions and specifications of the bid and can complete the project within the required ten days. Fundina Source: 06-01-03-6300 $21,000 $11,061 06-01-03-2960 Recommendation: It is recommended City Council award the contract for the fuel system upgrade to United Services of Texas in the amount of $32,061. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget L ,-. Ot~ Department Head Signature CITY COUNCIL ACTION "EM See Above FI"."ce Director Page 1 of CITY OF NORTH RICHLAND HILLS i ,-. Department: Finance I Fire Department Council Meeting Date: 5/22/95 Subject: Award Bid for Fire Hose Agenda Number: PU 95-36 In the 1994/95 approved budget, Council allocated funds for the purchase of fire hose. Formal bids were solicited for one and three quarter inch and five inch fire hose. The results are outlined below. Vendor 1 3/4" 5" Casco Industries i,liEI No Bid Four Alarm Fire Equipment $3,330 ~ä~I:§.ø. æ.....*~.................. One other bid was received and returned unopened because it was received past the date and time set for the bid opening. "- Casco Industries did not bid on the five inch hose because they could not meet the minimum specifications. The one and three quarter inch hose bid by Four Alarm Fire Equipment did not meet the minimum weight specifications. Both vendors met all other requirements and specifications of the bid and can deliver the hose within 45 days. Recommendation: It is recommended City Council award the bid for the five inch fire hose to Four Alarm Fire Equipment in the amount of $8,190 and award the bid for the one and three quarter inch hose to Casco Industries in the amount of $3,698. 01-90-02-6400 FlnMC8 DIteClor Page 1 of CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department 05-22-95 Council Meeting Date: Subject: NRH20 Liability Insurance Contract Agenda Number: PU 95-37 Staff has tried for several months to gain quotes to evaluate commercial general liability insurance for NRH20. Most municipal or publicly operated water parks are self-insured. American Speciality Insurance, Inc. finally responded with an indication (estimate) this past week. They specialize in the sports/entertainment industry. Their clients have included: Major League Baseball, the NCAA, Wet N' Wild, Whitewater, SChlitterbahn, and many other water parks throughout the country. The City Attorney has determined our maximum per occurrence liability cap to be $300,000 under the Texas Tort Claim Act. The premium quoted by American Speciality Insurance, Inc. has been pro-rated to reflect those conditions. The indication shows a $35,870 premium with a $10,000 deductible per occurrence. Coulter Consulting Group will conduct on-site audits for American Speciality to examine both the physical aspects of NRH20 (slide towers, pool/deck surfaces) and the operational aspects (park signage, operational procedures). The fee for this service is included in the premium estimate. Based on the initial quote and considering this to be our inaugural operating season, staff suggests acquiring this coverage and evaluating the cost/benefit upon conclusion of our first season. RECOMMENDATION: It is recommended that City Council authorize staff to negotiate and execute a contract for commercial general liability insurance for NRH20 with American Speciality Insurance Services, Inc. Funding is available in the NRH20 Aquatic Enterprise Fund. Finance Review Source of Funds: Bonds (GO/Rev.) 0perating Budget _ '-- Other _ ~ c: ~ ~ Q...- -r- Department Head Signatu CnYCOUNC~ACnON"EM Fln8llC8 Director Page 1 of INSURER NAMED INSURED 1NDICATION North American Specialty Insurance Company NRH20 Family Water Park EFFECTIVE DATES TBD TO TBD COVERAGES AND LIMITS COMMERCIAL GENERAL UABILITY ISO CG Form Per Occurrence Limit General Aggregate Personal and Advertising inJury Products and Completed Operations Aggregate Linúr Incidental Medical Malpractice Employee Benefits Liability Liquor Liability Fire Damage Medical Payments Non-owned Hired Auto $1,000,000 NONE $1,000,000 $1,000,000 $1,000,000 N/A N/A $ 50,000 Excluded NíA EXCLUSIONS AND llMITATIONS: Employment Related Practices; Absolute Asbestos; Limitation of Coverage-Inspections aDd Surveys; Fireworks Exclusion; Amusement Park Attraction Notification; Limitation of Coverage-ConditionslStipulations-Mainrenance; Medical Payments Exclu.sion; Subject to a $10,000 Per Occunence sm. PREMIUM: $25.870.00 Service Fees excluded from the above captioned premium are 55,000 for Coulter Consulting Group, Inc. Note: Inspection is to detennine underwriting acceptability and does not imply or wamnt en2ineering services. Claims administration fee is $5,000 with services performed by American Specialty Claim Services, Inc. A Claim Service Agreement is to be executed between ASCS and the insured within 60 days from the date of inception. This indication is a general reference orùy to the coverage(s) the insurance policy or policies would provide and is not intended to describe all of the various details pertaining to the insurance. Actual coverages are detailed only in the policy of insurance and are subject to all terms, provisions, conditions, and exclusions as contained therein. Please consult the acroal policy for a complete description. This indication does not rely upon broker/applicant specifications submitted. All exposures not addressed in this indication should be responded to by the broker or the applicant with respect to the placement of those coverages with another insurance company. lhis is not a binder. Coverage can only be bound by American Specialty Insurance Services and then only in writing, after written acceptance of this indication by you- This indication will remAin in effect until 6/1195. CITY OF NORTH RICHLAND HILLS ',--. Department: Subject: Public Works Council Meeting Date: ApprOve (;Ity/Developer Agreement With WSJ Rufe Snow 94. Ltd. for Hightower Drive Agenda Number: Paving and Drainage Improvements 5/22/95 PW 95-26 The City will soon begin construction on Hightower Drive Paving and Drainage Improvements from Rufe Snow Drive to Crosstimbers Drive. This is part of the Hightower Improvements (A) passed as part of the 1994 Capital Improvement Program's Street Projects. Additional right-of- way will be required from eight (8) properties along this section of Hightower Drive. The owner of two properties fronting on Hightower Drive along this section has signed a City/Developer Agreement. The developer agrees to reimburse the City one-half of the actual pro-rata cost of the Hightower Drive Improvements, and also agrees to dedicate the right-of-way necessary for the improvements. Approval of this agreement will save the time normally required to acquire right-of-way and go through the assessment procedure. Recommendation: .,- Staff recommends that Council approve the City/Developer Agreement with WSJ Rufe Snow 94, Ltd. and authorize the Mayor to sign in their behalf. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot Acct. Number Sufficient Funds Available ~ ~ ~,l nt H ad gnat.- -- Cny Manag.r CnYCOUNC~ACnON"EM Page 1 of FlnMc:e Director 10 - ¡ - 8 - 7 - 611 ----::: . I--- . r--- 1 16 15 1.. ¡ J C " --;- 12 ~3 ! 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CITY/DEVELOPER AGREEMENT STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: This agreement, made by and between WC] RUFE SNOW 94, LTD., hereinafter called the Developer, and the City of North Richland Hills, Tarrant County, Texas, hereinafter called City, witnesseth: Whereas, the Developer owns two tracts of land ( the "Property" ) described on attached Exhibit "A-I" and "A-2" wmch exhibits are hereby incorporated by reference for all purposes; and Whereas, the Developer wishes to have Hightower Drive improved between Rufe Snow Drive and Crosstimbers Drive, hereinafter referred to as the "Project", to provide better access to Developer's Property; and Whereas, the City desires to have Hightower Drive improved to facilitate development and to reduce traffic congestion; and Whereas, the owners of the majority of the property on both sides of Hightower Drive between Rufe Snow Drive and Crosstimbers Drive are willing to participate in the street construction cost; NOW THEREFORE, the Parties agree as follows: 1. The City will construct and advance the cost of construction of Hightower Drive between Rufe Snow Drive and Crosstimbers Drive. 2. The Developer agrees to reimburse the City one-half of the actual pro-rata cost relating to Developer's portion of the Project, measured along Hightower Drive for each linear foot of Developer's Property which is contiguous to Hightower Drive between Rufe Snow Drive and Crosstimbers Drive. Such reimbursement to be paid as provided in paragraph 4 below. Such reimbursement must not exceed $150.00 per linear foot or such other amount as agreed to in writing between City and Developer subsequent to the date hereof. 3. The City will secure all easements and rights of way necessary to construct the Project and will cause the paving and drainage improvements to be designed and constructed in accordance with current City of North Richland Hills design requirements and certifies to Developer that the streets and drainage structures will be sized, located and constructed at an elevation to allow umestricted drainage from the Property into the street and drainage structures. 4. The Developer agrees to reimburse ( the "Reimbursement" ) the City in no more than five (5) equal payments over a four year period. The first payment of Reimbursement by Developer must be paid on or before the expiration of 60 days following the date on which the City Council approves the fmal payment to the contractor performing the Project. The subsequent four payments must be made annually on the anniversary date of the initial payment. Interest on the unpaid portion of the Reimbursement will accrue at the rate of 8% per annum simple interest. The interest on the unpaid portion of the Reimbursement will begin to accrue beginning on the 60th day after the date upon which the City Council approves the final payment to the contractor performing the Project. All or any portion of the Reimbursement may be pre-paid without penalty or premium at any time, at Developer's option. The City will approve and accept final plats for portions of the Property not to exceed the direct proportion of Developer's portion of the total Reimbursement of the Project to the portion thereof which has been paid at such date by Developer. For example, if the Developer has paid only 20% of the Reimbursement, the City is obligated to approve final plats of only 20% of the Property. 5. The Developer will allow a lien to be placed on the Property known as described on the attached Exhibit "A". The lien may be foreclosed upon if any full payment is unpaid following the expiration of 60 days after written notice to Developer and opportunity to cure any such default. 6. The Developer further agrees to donate to the City the portion of the Property necessary for the proper completion of the Project. The City hereby accepts the donation of the Property to the City in partial consideration for the construction of the street and drainage facilities to be constructed pursuant to the Project. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original, on this the ~_~__ day of April, 1995. WCJ RUFE SNOW 94, LTD. A TEXAS LIMJTED PARTNERSHIP BY: WCJ INVESTMENTS 92, L.C. GENERAL PARTNER LAS ENNIN~ÃNÃGER- CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS A TEXAS MUNICIPAL CORPORATION BY: --------------------------------------- MAYOR A TrEST: ------------------------------------- NAME: TITLE: ------------------------------ ------------------------------ APPROVED AS TO FORM AND LEGALITY: ------------------------------------- NAME: A TrORNEY FOR THE CITY OF NORTH RICHLAND HILLS THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the __~____ APRIL, 1995, by W. DOUGLAS JENNINGS, as Manager for WCJ INVESTMENTS 92, L.c., as General Partner of WCJ RUFE SNOW 94, LTD. ~ o Public, State of Texas otary's name, printed: ------------------------------ My commission expires:__________ THE STATE OF TEXAS COUNTY OF TARRANT JAMES D. GRUBB Notary Public, State ofT_ Mi' Commission Expires 10.'031II This instrument was acknowledged before me on the ____ APRIL, 1995, by ________________________ as Mayor of THE CITY OF NORTH RICHLAND HILLS. ------------------------------ Notary Public, State of Texas Notary's name, printed: ------------------------------- My commission expires: EXHIBIT A-I ALL THAT CERTAIN TRACT DR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHN CONDRA SURVEY ABSTRACT 311, TARRANT COUNTY, TEXAS AND BEING THE SAME (CALLED) 21.508 ACRE TRACT AS DESCRIBED IN A SUBSTITUTE TRUSTEE'S DEED FROM DONALD L. ~AGSTAFF SUBSTITUTE TRUSTEE TO GUARANTY FEDERAL SAVINGS AND LOAN ASSOCIATION ON THE 5TH DAY OF APRIL, 1988, RECORDED IN VOLUME 09232 PAGE 1041, DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO~S! BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR CORNER ON THE EAST RIGHT OF ~AY OF RUFF SNO~ DRIVE, SAID IRON ROD BEING AT THE SOUTH~EST CORNER OF LOT 1, BLOCK 45, FOSTER VILLAGE, SECTION 14, AS SHO~N BY THE MAP THEREOF RECORDED IN VOLUME 388-127, PAGE 67 DEED RECORDS OF TARRANT COUNTY, TEXAS AND THE NORTH~EST CORNER OF SAID 21.508 ACRE TRACT! THENCE SOUTH 89 DEGREES 44 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF BLOCK 45 OF FOSTER VILLAGE A DISTANCE OF 321.96 FEET TO AN IRON ROD FOUND FOR CORNERj THENCE NORTH 79 DEGREES 01 MINUTES 00 SECONDS EAST WITH THE SOUTH LINE OF BLOCK 45, OF S~{D ADDITION A DISTANCE Dr 938.17 FEET TO AN IRON ROD FOUND FOR CORNER. SOUTH 07 DEGREES 43 MINUTES 24 SECONDS EAST WITH THE EAST LINE OF SAID 21,508 ACRES OF LAND AND THE ~EST LINE OF BLOCK 45, OF SAID FOSTER VILLAGE, AND PASSSING AT 1127.82 FEET AN IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 32, BLOCK 45, ON THE NORTH LINE OF HIGHTO~ER DRIVE AND CONTINUING A TOTAL DISTANCE OF 1162.87 FEET TO A SPIKE FOUND IN ASPHALT IN HIGHTO~ER DRIVE! THENCE SOUTH 89 DEGREES 55 MINUTES 23 SECONDS ~EST WITH THE SOUTH LINE OF SAID 21.508 ACRE TRACT IN HIGHTOWER DRIVE A DISTANCE OF 506.77 FEET TO AN IRON ROD FOUND FOR CORNER! THENCE NORTH 00 DEGREES 04 MINUTES 18 SECONDS WEST AND PASSING AT 35.00 FEET AN IRON ROD FOUND ON THE NORTH LINE OF HIGHTO~ER DRIVE AND CONTINUING A TOTAL DISTANCE OF 500.00 FEET TO AN IRON ROD FOUND FOR CORNER THENCE SOUTH 89 DEGREES 55 MINUTES 02 SECONDS WE~T A DISTANCE OF 886.75 FEET TO AN IRON ROD FOUND" ON THE EAST RIGHT OF ~AY OF RUFF SNO~ DRIVE! THENCE NORTH 00 DEGREES 36 MINUTES 34 SECONDS WEST WITH THE EAST RIGHT OF ~AY OF RUFF SNO~ DRIVE A DISTANCE OF 476.99 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 21.505 ACRES OF LAND) EXHIBIT A-2 BEING a tract of land out of the William Mann Survey, Abstract No. 1010, in the city of North Richland Hills, Tarrant County, Texas, and being a portion of a tract of land conveyed to pitt~burgh - North Richland Hills Joint Venture, as recorded in Volume 7629, Page 832 of Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the East right-of-way line of Rufe Snow Drive (77 foot R.O.W.), and being the most Westerly point on a corner clip at the intersection with the South right-of- way line of Hightower Road (Country Road No. 3051); THENCE North 50 degrees 42 minutes 39 seconds East 16.86 feet to a 3/8" iron rod found in the South right-of-way line of Hightower Road (50 foot R.O.W.); 'THENCE South 89 degrees 50 minutes 00 seconds East with South right~of-way line of said Hightower Road, 136.90 feet to an 1/2 inch iron rod found: THENCE South 00 degrees 14 minutes 02 seconds East 180.00 feet to an 1/2 inch iron rod with cap E.S.F.A. found; THENCE North 89 degrees 50 minutes 00 seconds West 150.00 feet to an 1/2 inch iron rod set; THENCE North 00 degrees 14 minutes 02 seconds West with the East right-of-way line of said Rufe Snow Drive, 169.29 feet to the POINT OF BEGINNING and CONTAINING 0.618 acres or 26,928 square feet. · CITY OF NORTH RICHLAND HILLS Subject: Public Works Council Meeting Date: ApprOVe tJudget for Galloway tJranch 21-lnch Parallel Sewer (Lola Drive north to Holiday Lane) Agenda Number: 5/22/95 '-- Department: PW 95-21 This project is an extension of the parallel outfall sewer already constructed on the Calloway Branch to provide adequate capacity after all development in the watershed is complete. In order to have engineering plans ready for the Construction Division to begin construction of this project this fiscal year, staff is requesting the budget be approved. This is a project planned to be accomplished by the Construction Division as part of its proposed 1994/95 budget. Funding Source: Funds can be appropriated from Unspecified Utility Fund Balance. From: Unspecified Utility Fund Balance $345,000 To: Calloway Branch 21" Parallel Sewer $345,000 (Lola Drive to Holiday Lane) Engineering - $30,000; Construction $315,000 Recommendation: '0- \ '-- The staff recommends approval of this budget and the transfer of funds as indicated above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget - Oth Flnence Director Page 1 of ,..diG" ~i,J6; '?' ' ~~~""~' ;;> ..-.' '-, \ "-,,,.' G" ~ ,/ 6" 8" ,~'.. . "!. .ó- " 6"6 6" B"' 6', ,6"': 6" ~ 8" 6" - 6" .11 ) . - 6'\ 6" 6" ·~-iu- ) \.. 6'; I 8" ...\~,8\·_" 6 's" 8" 12' 'it \,>070:'":' ,. ".,,/ 12" 12" ¡--¡ ~....,., ,.,... 8"C8-1 :slJ._--, .' . I'~~~ .:,:'/ ...;:. .... ~.:;.:" 6 !"" G ?.=-' ~ 6"' 6". L : 6~--, 8" '.,==-: 8". ' -G" -' 6" 6" G" 6". ~ ~ -::- t . 8" 6" 8" " B 6," _~6'" . ' 6" ."_ -; <:'S·1 . ,~.. _.~ " 6 .- t 6" . 6" ' .}~~:t' ..:-~,. 6" E ... .. .f,,' ,. ..~. G" ,6' , G" 10" G" " G" ¡; .6"" i,::_C'~'6~~'- ~ ªtt^ ~/ 6" 6" 6" , 8" ",II 6" 6~ 6" 1 It e N®R.TH R.ICHLAND HILLS Public Works April 28, 1994 MEMO TO: C.A. Sanford, Deputy City Manager FROM: Gregory W, Dickens, P.E., Director of Public Works SUBJECT: CONSTRUCTION DIVISION BUDGET for 1994/95 (02-08-01) The subject division budget is based off of all monies heing supplied from CIP funds to cover expenses. The CfP projects tentatively scheduled for the Construction Division to do are listed below. From the Revised 3- Year Utility Fund CIP: 1. Calloway Branch 21" Sewer from Lola to Holiday Lane $345,000 2. Aegon 8" Water Line Extension from Grapevine Highway to Martin Road 70,000 3. Small Water Main ReplucementsU (Specifië projects to be determined.) , 200,000 ---------- ~t11 ~ ()()() **This project has never formally been approved by Council but was included in Utility CfP that Public Works furnished consultants conducting the recent Water and Sewer Rate Study. The proposed budget totals $526,000 of the $615,000. The additional $89,000 will be utilized in decision package proposals. )1 N.E. Loop 820 P.O, Box 820609 North Richland Hills. Texas 76182·0609 USA (817) 581·5521 FAX (817) 656·7503 CITY OF NORTH RICHLAND HILLS ) . Department: Subject: Public Works Council Meeting Date: ApprOVe construction Agreement with the I nmty River Authority for Relocation of Sanitary Sewer Agenda Number: Metering Station 3.0WC - Resolution No. 95-30 5/22/95 PW 95-28 I Our consulting engineer is currently designing the utility adjustments for Phase 2 of the IH 820 Interchange Project for the City. The utility adjustments will be done prior to the Texas Department of Transportation (TxDOT) beginning the Phase 2 work on the access road around Northeast Mall. Trinity River Authority (TRA) has a sanitary sewer metering station on the NRH Walkers Branch Outfall sewer. The metering station will have to be relocated with the widening of IH 820. Since this is the only line relocation by TRA on this project and it serves North Richland Hills, TRA is requesting the City include the metering station relocation in our Phase 2 Utility Adjustments project. TxDOT will reimburse the City 100% of the cost for relocating the metering station as they have on the Phase I construction. The estimated cost for the relocation of the metering station is $50,000. Funding Source: "- The additional $50,000 needed for this project can be appropriated from the Unspecified Utility Fund Balance. Recommendation: Staff recommends the Council approve Resolution No. 95-30 and the transfer of funds as indicated above. Finance Review ature CnYCOUNC~ACTION"EM ... Source of Funds: Bonds {GO/Rev.} Oper fng Budget _ \~ Ot FlnMC8 D..clot Page 1 of RESOLUTION NO. 95-30 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute the Construction Agreement dated April 26, 1995 with the Trinity River Authority of Texas for the relocation of a sanitary sewer metering station adjacent to IH 820 Interchange and Northeast Mall known as TRA 3.0WC. PASSED AND APPROVED this the 22nd day of May, 1995. APPROVED: Mayor Tommy Brown ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City '" ~ ~<:j- ~ -"- ~~ ~ ~ <:\:: ,~ ~~ '-A "-..J ., ~ . ~~ -..~ \.I'.) ~ , ! ~ ~ V) ,~ ~ fa ~I 'h -- V) ....b ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ J J ----..-' \I I ~ <d: - ~ ::;: ~ h '-'1 :>< L.I...J " " '.... II GO 'd TRINITY RIVER AUTHORITY OF TEXAS CITY OF NORTH RICHlAND HIllS CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF TARRANT I I THIS AGREEMENT is made and entered into as of the ~~~ day of , 1995, by and between the TRINITY RIVER AUTHORITY OF TEXAS, a and reclamation district created by and functioning under Chapter 518, Acts of the 54th legislature of the State of Texas, Regular Session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution (hereinafter called "AUTHORITY"), and the CITY OF NORTH RICHlAND HILLS, TEXAS, a municipal corporation of the County of Tarrant, State of Texas, (hereinafter . " called "CITY"). WITNESSETH: WHEREAS, the AUTHORITY owns and operates the Walker-Calloway Branch Outfall Trunk Sewer System which conveys wastewater flows from the Cities of Hurst and North Richland Hills to the City of Fort Worth's Village Creek Treatment Plant; and WHEREAS, wastewater flows from the City of North Richland Hills are monitored at Metering Station 3.0WC; and WHEREAS, the Texas Department of Transportation (hereinafter called ITxDOT") has established the need for the relocation of the CITY'S existing sanitary sewer lines and Metering Station 3.0WC in conjunction with proposed roadway improvements to Interstate Highway 820 (hereinafter called ·PROJECT"); and WHEREAS, the CITY has proposed to include the design and construction for the PROJECT within its Interstate Highway 820 utility adjustments, Phase II project; and WHEREAS, the CITY shall seek reimbursement from TxDOT for all costs associated with the relocation of the PROJECT; and 1 WHEREAS, the AUTHORITY shall maintain ownership of the PROJECT during and after completion of construction; and WHEREAS, the AUTHORITY and CITY desire to proceed with the construction for the PROJECT, subject to the terms and conditions to follow. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the CITY agrees to perform design and construction for the PROJECT upon terms and conditions hereinafter set forth, to-wit: Section 1. DEFINITION OF TERMS. Terms and expressions as used in the Agreement, unless the context shows otherwise, shall have the following meanings: A. "Construction" means anyone or more of the following: (1) engineering, architectural, legal, title, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, acquisition costs of land, or other necessary action; including administrative overhead; (2) the expense of any condemnation or other legal proceeding including the $atisfaction of any final judgment as a result tner~of; (3) erecting, building, acquir1ng, altering, remodeling, improving or extending an interceptor, sanitary sewer or water supply project; and (4) the inspection or supervision of any items listed above. B. "PROJECT COSTS" means all costs and expenses incurred in relation to the construction of improvements to the PROJECT as are necessary including without limitation for construction costs, costs of machinery, equipment and other capital assets incidental and relating to the construction of the PROJECT. Section 2. PROJECT SCOPE. For the convenience of the AUTHORITY, the CITY will enter into such Contracts or Change Orders as are necessary to provide for the administration, construction, and inspection of the improvements to the PROJECT and said Contract or Change Orders shall be executed as required by laws applicable to the CITY. Section 3. CONDITIONS PRECEDENT. The obligation on the part of the CITY shall be conditioned upon the following: 2 ------~----------------~ A. The CITY shall prepare design plans and specifications for the proposed relocation of the PROJECT in accordance with TxDOT specifications. The AUTHORITY shall provide to the CITY standard metering station details for incorporation into the design plans and specifications. Whenever detailed plans are approximately eighty percent (80%) complete, the CITY shall furnish five (5) copies of the PROJECT documents to the AUTHORITY for review. The CITY shall modify and revise the PROJECT documents to incorporate the AUTHORITY'S comments. B. The CITY shall obtain all easements necessary to construct the PROJECT relocation. C. The CITY shall perform bid advertisement, contract award, necessary change orders, and construction in accordance with the relocation of the PROJECT. D. The CITY shall per.form construction of the PROJECT relocation in ~ccordance with TxDOT standard specifications. E. The AUTHORITY shall not enter into any ty~e of agreement with TxDOT for reimbursement. CITY shall seek reimbursement from TxDOT for 100% of the PROJECT COST. F. The AUTHORITY shall maintain ownership of the old metering station which will be converted into a manhole, the new metering station and all appurtenances during'and after construction. Upon completion of the PROJECT, the AUTHORITY shall submit to TxDOT a' Utility Joint Use Agreement (D-15-80A). The AUTHORITY shall then be responsible for operating and maintaining the facilities within highway right-of-way. G. The CITY or its contractor is required to obtain all material, labor and equipment necessary for the administration and construction of the PROJECT. The CITY· sha 11 perform inspect i on duri ng construction and shall permit the AUTHORITY to perform inspection during construction, but all communications to the CITY'S contractor shall only be made by the CITY. H. The AUTHORITY'S review, approval or acceptance of any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT, and the CITY shall be and remain liable in accordance with 3 .- -----~-~--~---._-~._..~_. applicable law for all damages to the AUTHORITY caused by the omissions or negligent performance of any of the services furnished under this AGREEMENT by the CITY or its Contractor. Section 4. FORCE MAJEURE. If by reason of force majeure either the AUTHORITY or the CITY shall be ~endered unable wholly or in part to satisfy its obligations under this Agreement, then if either party shall give the other party notice and full particulars of such force majeure in writing within a reasonable time after occurrence of the event, the obligation, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any branch of the Government of the United States or the State of , Texas or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurr~canc~, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or on account of any other causes not reasonably within the control of the AUTHORITY or the CITY. Section 5. TERM OF AGREEMENT; MODIFICATION; NOTICES. A. TERM OF AGREEMENT. This Agreement shall be effective upon execution hereof and shall continue in force and effect for a period of one (1) year or until the PROJECT is completed and accepted by the AUTHORITY. B. MODIFICATION. No change or modification of this Agreement shall be made which will adversely affect the work to be performed by the CITY. C. NOTICE. All notices or communications provided for herein shall be in writing and sh~ll be either delivered to CITY or AUTHORITY, or if mailed, shall be sent by certified mail, postage prepaid, addressed to CITY or AUTHORITY at their respective addresses. For the purposes of notice, the addresses of the parties shall until changed by written notice, be as follows: 4 ---_.-._~----~_.__._._."_..~<~~~-'--~'_._._.__.-.-_..-.- AUTHORITY: Trinity River Authority of Texas 5300 S. Coll ins P.O. Box 240 Arlington, Texas 76004-0240 Attention: Warren N. Brewer Northern Region Manager CITY: City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 Attention: Greg Dickens Director of Public Works IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original and as of the day and date first written above. ATTEST: / ~útHY~ry Board of Directors (SEAL) , CITY OF NORTH RICHLAND HILLS, TEXAS TOMMY BROWN, Mayor. ATTEST: C i,ty Secretary (SEAL) APPROVED AS TO LEGALITY: REX McENTIRE, Attorney for the CITY 5 TRINITY RIVER AUTHORITY OF TEXAS CITY OF NORTH RICHLAND HILLS CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF TARRANT I I into as of the d~LL day of , 1995, by and between the TRINITY R!VER AUTHORITY OF TEXAS, a and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution (hereinafter called "AUTHORITY"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation of the County of Tarrant, State of Texas, (hereinafter called "CITY"). WITNESSETH: WHEREAS, the AUTHORITY owns and operates the Walker-Calloway Branch Outfall Trunk Sewer System which conveys wastewater flows from the Cities of Hurst and North Richland Hills to the City of Fort Worth's Village Creek Treatment Plant; and WHEREAS, wastewater flows from the City of North Richland Hills are monitored at Metering Station 3.0WC; and WHEREAS. the Texas Department of Transportation (hereinafter called "TxDOT") has established the need for the relocation of the CITY'S existing sanitary sewer lines and Metering Station 3.0WC in conjunction with proposed roadway improvements to Interstate Highway 820 (hereinafter called "PROJECT"); and WHEREAS, the CITY has proposed to include the design and construction for the PROJECT within its Interstate Highway 820 utility adjustments, Phase II proj ect; and WHEREAS, the CITY shall seek reimbursement from TxDOT for all costs associated with the relocation of the PROJECT; and 1 ------------ --- WHEREAS, the AUTHORITY shall maintain ownership of the PROJECT during and after completion of construction; and WHEREAS, the AUTHORITY and CITY desire to proceed with the construction for the PROJECT, subject to the terms and conditions to follow. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the CITY agrees to perform design and construction for the PROJECT upon terms and conditions hereinafter set forth, to-wit: Section 1. DEFINITION OF TERMS. Terms and expressions as used in the Agreement, unless the context shows otherwise, shall have the following meanings: A. "Construction" means anyone or more of the following: (1) engineering, architectural, legal, title, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, acquisition costs of land, or other necessary action; including administrative overhead; (2) the expense of any condemnation or other legal þroceeding including the satisfaction of any filial judgmRnt as a result thereof; (3) erecting, building, acquiring, altering, remodeling, improving or extending an interceptor, sanitary sewer or water supply project; and (4) the inspection or supervision of any items listed above. B. "PROJECT costS" means all costs and expenses incurred in relation to the construction of improvements to the PROJECT as are necessary including without limitation for construction costs, costs of machinery, equipment and other capital assets incidental and relating to the construction of the PROJECT. Section 2. PROJECT SCOPE. For the convenience of the AUTHORITY, the CITY will enter into such Contracts or Change Orders as are necessary to provide for the administration, construction, and inspection of the improvements to the PROJECT and said Contract or Change Orders shall be executed as required by laws applicable to the CITY. Section 3. CONDITIONS PRECEDENT. The obligation on the part of the CITY shall be conditioned upon the following: 2 ^-------~-~----~._------'_.._._~_._---'---_._-~_._-~._. . A. The CITY shall prepare design plans and specifications for the proposed relocation of the PROJECT in accordance with TxOOT specifications. The AUTHORITY shall provide to the CITY standard metering station details for incorporation into the design plans and specifications. Whenever detailed plans are approximately eighty percent (80%) complete, the CITY shall furnish five (S) copies of the PROJECT documents to the AUTHORITY for review. The CITY shall modify and revise the PROJECT documents to incorporate the AUTHORITY'S comments. B. The CITY shall obtain all easements necessary to construct the PROJECT relocation. C. The CITY shall perform bid advertisement, contract award, necessary change orders, and construction in accordance with the relocation of the PROJECT. o. The CITY shall per.form construction of the PROJECT relocation in accordance with TxOOT standard specifications. E. The ,ð.u:!!OrUT'{ shail not enter into any type of agreement with TxOOT for reimbursement. CITY shall seek reimbursement from TxOOT for 100% of the PROJECT COST. F. The AUTHORITY shall maintain ownership of the old metering station which will be converted into a manhole, the new metering station and all appurtenances during'and after construction. Upon completion of the PROJECT, the AUTHORITY shall submit to TxOOT a Utility Joint Use Agreement (O-IS-80A). The AUTHORITY shall then be responsible for operating and maintaining the facilities within highway right-of-way. G. The CITY or its contractor is required to obtain all material, labor and equipment necessary for the administration and construction of the PROJECT. The CITY·shall perform inspection during construction and shall permit the AUTHORITY to perform inspection during construction, but all communications to the CITY'S contractor shall only be made by the CITY. H. The AUTHORITY'S review, approval or acceptance of any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT, and the CITY shall be and remain liable in accordance with 3 _'_.'_'~"~__'__'~_"_'~_'__._'_"__"'__'__W____"__~__-~.~ applicable law for all damages to the AUTHORITY caused by the omissions or negligent performance of any of the services furnished under this AGREEMENT by the CITY or its Contractor. Section 4. FORCE MAJEURE. If by reason of force majeure either the AUTHORITY or the CITY shall be ~endered unable wholly or in part to satisfy its obligations under this Agreement, then if either party shall give the other party notice and full particulars of such force majeure in writing within a reasonable time after occurrence of the event, the obligation, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any branch of the Government of the United States or the State of ,Texas or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought3, ar~(sts, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or on account of any other causes not reasonably within the control of the AUTHORITY or the CITY. Section 5. TERM OF AGREEMENT; MODIFICATION; NOTICES. A. TERM OF AGREEMENT. This Agreement shall be effective upon execution hereof and shall continue in force and effect for a period of one (1) year or until the PROJECT is completed and accepted by the AUTHORITY. B. MOOIFICATION. No change or modification of this Agreement shall be made which will adversely affect the work to be performed by the CITY. C. NOTICE. All notices or communications provided for herein shall be in writing and shall be either delivered to CITY or AUTHORITY, or if mailed, shall be sent by certified mail, postage prepaid, addressed to CITY or AUTHORITY at their respective addresses. For the purposes of notice, the addresses of the parties shall until changed by written notice, be as follows: 4 AUTHORITY: Trinity River Authority of Texas 5300 S. Collins P.O. Box 240 Arlington, Texas 76004-0240 Attention: Warren N. Brewer Northern Region Manager CITY: City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 7.182-0609 Attention: Greg Dickens Director of Public Works IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original and as of the day and date first written above. ATTEST: / ~LftsH~ry Board of Directors (SEAL) CITY OF NORTH RICHLAND HILLS, TEXAS TOMMY BROWN, Mayor. ATTEST: Ctty Secretary (SEAL) APPROVED AS TO LEGALITY: REX McENTIRE, Attorney for the CITY 5 CITY OF NORTH RICHLAND HILLS Department: Finance I Fire Department Council Meeting Date: 5/22/95 Subject: ApprnVA Fïn::tl P::ty tn AII-T~y Paving, Inc for Pa\/ing Improvements at Fire Stations 2 and 3 Agenda Number: Pay 95-06 At the October 10, 1994 meeting Council awarded the bid to AII-Tex Paving for the concrete paving improvements at Fire Stations 2 and 3 (PU 94-76) in the amount of $103,474. The project has been completed and was accepted on May 2,1995. The final payment of $19,594.65 will make the total contract amount $92,775, which is $10,697.80 under the approved contract amount. The savings are due to miscellaneous paving allowances which were not needed. Recommendation: It is recommended City Council approve the final payment of $19,594.65 to AII-Tex Paving, Inc. for the completion of the paving improvements at Fire Stations 2 and 3. ',,-- Finance Review ure CnYCOUNC~ACnON"EM Flnlllot Director Page 1 of ·' . CITY OF NORTH RICHLAND HILLS Subject: Public Works Council Meeting Date: Approve Final Pay Estimate No. 4 In the Amount of $55.773.68 to Wright Construction Co.. Inc. for Agenda Number: Precinct Line Road Utility Adjustments, Phase I 5/22/95 PA'i 95-07 Department: This project was awarded by Council on September 26, 1994 for $370,951.70 to Wright Construction Co., Inc. Total contract amount after change orders is $377,545.70. Final payment brings the total to $363,561.80, which is $13,983.90 under contract amount. The project was substantially completed on April 30, 1995. Contract completion date was March 21, 1995. The contract completion was delayed by 40 days due to extremely wet weather conditions. Therefore, staff recommends against assessing liquidated damages. ' The project is now totally complete with all adjustments having been made. Funding Source: Suffident funds of $370,951.70 were previously appropriated by Council action (PW 94-33, 9/24/94 ). ..., " Recommendation: --- Staff recommends Council approve final payment to Wright Construction Co., Inc. in the amount of $55,773.68. Finance Review Source of Funds: Bonds (GO/Rev.) ':>perating Budget _ .)th ment Head Signature CITY COUNCIL ACTION "EM Flll8llce Dlrec:lOl' Page 1 of ------~-"--_.~_._---~..- _. -.--.----------------.-..--- . KNOWL TON- ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas May 16, 1995 D Œ©rnO\\JŒ~ r MAY I 7 19m ilill I Jl1V Mr. G. W. Dickens, P.E. Public Works Director City of North Richland HIlls 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Re: 3-574, CITY OF NORTH RICHLAND HILLS, PRECINCT LINE ROAD UTILITY ADJUSTMéNTS, PHASE 1 CONSTRUCTION PROJECT, CONTRACTOR'S éSTIMATé NO.4 (FINAL) For your action, ~e enclose the referenced document. The project conditions and quantities have been verified by the City's projec.t represantative, Ken Matheson. We have confirmed the price extensions and have included payment for extra work ordered in the field (fire hydrant extensions) as Bid Item No. 21A, Miscellaneous Plumbing Allowance. We recommend acceptance of the project and final payment in the amount of $55,773.68 to Wright Construction Co., Inc., 601 W. Wall Street, Grapevine, Texas 76051. As a condition of final payment, the Contractor shall be required to submit a notarized Affidavit stating that all suppliers and subcontractors have been paid in full. In accordance with the provisions of the project maintenance bond, a two (2) year period of maintenance commences on the date of this letter. As you are aware, the project involved the adjustment of the City's water and sanitary sewer system improvements to accommodate TxDOT's Precinct Line Road thoroughfare reconstruction project between Martin Road and the DART railroad right-of-way. Both the water and sewer segments of the project were completed at costs less than the Contract amounts. Cost savings were realized in the bid items providing for pavement replacement and miscellaneous plumbing. The Contract time was exceeded by 40 calendar days. The Contractor was hampered by extremely wet weather conditions and delays in the acquisition of a right-of-way parcel. We feel that he pursued the work in a diligent manner and recommend against assessing liquidated damages. 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 · FAX 817/354-4389 May 16, 1995 PRECINCT LINE ROAD PHASE 1: FINAL PAYMENT PAGE 2 The following is a summary of final earnings associated with this project: UTI L ITY PAYMENT TOTAL TOTAL PERCENT ADJUSTMENT REQUESTED EARNINGS CONTRACT CONTRACT THIS MONTH TO DATE AMOUNT COMPLETE Water System $45,630.85 $262,133.50 $268,057.70 97.8 Sewer System 10,142.83 101,428.30 109,488.00 92.6 Total $55,773.68 $363,561. 80 $377,545.70 96.3 This is the fourth and final request for payment under this Contract; previous payments totaled $307,788.12. Please call if you have any questions. D~~n.«. ~ DHC/dc/cones4 Enclosures xc: Mr. C.A. Sanford, City Manager (w/encl.) Mr. Randy Shiflet, Assistant City Manager (w/encl.) Mr. Larry Cunningham, Assistant City Mana~er (w/encl.) Mr. Ken Matheson, City Utility Inspector lw/encl.) Mr. Joe Lipscomb, Wright Construction Co. (w/encl.) Mr. Mike Hansen, TxDOT Utility Coordination (w/enc1.) CITY OF NORTH RICHLAND HILLS Department:' Public Works Council Meeting Date: 5/22/95 Approve Final Pay Estimate No. 1 for Replacement of Sianal Light Equipment on Rufe Snow Drive Agenda Number: PA'1' 95-08 (Lewis Drive to Starnes Road) Subject: This project was awarded by Council on February 27,1995 to Hi-Tech Signals, Inc. In the amount of $13,380. First and final payment to the contractor will be for $13,380. The project is now totally complete. Funding Source: Sufficient funds of $13,380 were previously appropriated by Council action PW 95-11, on February 27, 1995. Recommendation: Staff recommends Council approve final payment to Hi-Tech Signals, Inc. in the amount of $13,380. '-y. Finance Review Signature CnYCOUNC~ACnON"EM FllIMce Dnctor Source of Funds: Bonds (GO/Rev.) Operating Bud et ,_ b r Page 1 of ----,--~._-~-_.._.~_.,......_.._--- ......----+--...------.,- HI-TECH ,ttti~J~lilf ::l'-~?t 95 - 5740 .tli:iMW¡WWÞ.;\UW?::n:nln:rit 5 - 2 - 9 5 SIGNALS, INC. P.O. BOX 24071 FORT WORTH, TX 76124 PH 817-429-8638 FAX 817-429-8639 I·····'········ù ;:,ii!:i,i::1,!1J:BIIIII,:,i,.i:::!""! E~7IMMe. No·1 tI ~J~A-I- SOLD TO City of North Richland Hills Attn: Jimmy Cates PO Box 820609 North Richland Hills, TX 76182 SHIP TO Service Center 7200 A. ~ick Fisher Dr. S North Richland Hills, TX 76180 /JíFiÐÊRìNèf\ '::p~jjij¡ÐÄttttim: ;~~~~~w. 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