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HomeMy WebLinkAboutCC 1995-06-26 Agendas '~ CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNEn: 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. PS 95-13 Request of Sandlin-Barfield Joint Venture for Final Plat of Thornbridge Addition, Phase III (Agenda Item #10) (10 Minutes) 2. GN 95-83 Transfer of Cable TV Service from Sammons Cable to Marcus Cable (Agenda Item #16) (5 Minutes) ,è 3. GN 95-87 Extension of Audit Contract (Agenda Item-#19) (5 Minutes) 4. IR 95-85 Community Development Block Grant Submittal for 21 st Year (5 Minutes) 5. Other Items: Possible Work Session on Drainage and Flooding Report , '-,' 6. *Executive Session (20 Minutes) - Th~ Council may enter into closed executive session to discuss the following: A. Consultation with attorney under Gov. Code §551.071 : Consider Watauga vs: NRH , ,..¥ 7. Adjournment - 7:20 p.m. ", Closed due to subject matter as provided by the Open Meetings .law. If ahfaêti6n is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 26, 1995 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting May 22, 1995 5. Presentation of 25 Year Service Awards 6. Presentation of Clean Texas 200 (' Partners Page 2 NUMBER ITEM ACTION TAKEN 7. Presentations by Boards & Commissions 8. Removal of Item(s) from the Consent Agenda 9. Consent Agenda Item(s) indicated by Asterisk (11,15,16,17,18,19,20, 21,22,23,24,25,26 & 27) 10. PS 95-13 Request of Sandlin-Barfield Joint Venture for Final Plat of Thornbridge Addition, Phase III (Located in the 8900 Block of Thornberry Drive) *11. PS 95-18 Request of Melvin Wood for Final Plat of Lot 1, Block 16, Stonybrooke Addition (Located in the 8600 Block of Rumfield Road) 12. GN 95-79 Appointments to Park and Recreation Facilities Development Corporation 13. GN 95-80 Appointments to Industrial Development Committee 14. GN 95-81 Appointments to Boards/ Commissions (' Page 3 NUMBER ITEM ACTION TAKEN *15. GN 95-82 Approve "No Parking" Zone on Stardust Drive from Rufe Snow Drive East to Deadend - Ordinance No. 2057 *16. GN 95-83 Transfer of Cable TV Service from Sammons Cable to Marcus Cable *17. GN 95-84 Professional Services Contract - North Electric Trail *18. GN 95-85 Professional Services Contract - Materials Testing for Gre.ßn Valley Park Construction *19. GN 95-87 Extension of Audit Contract *20. PU 95-39 Approve Purchase of Right-of-Way to Arthur E. and Jerry R. Gordon - Green Valley Drive Widening Project *21. PU 95-40 Approve Purchase of Right-of-Way to Daymer Corporation in the Amount of $7,130.00 for the Holiday Lane Widening Project (A2), Lewis Drive to Bogart Drive (' Page 4 NUMBER ITEM ACTION TAKEN *22. PU 95-41 Approve Purchase of Right-of-Way to Arapaho East, Inc. In the Amount of $2,800 for the Holiday Lane Widening Project (A2), Lewis Drive to Bogart Drive *23. PU 95-42 Ratify Purchase of Right-of-Way in the Amount of $1,200.00 to Donald and Rosemary Pentecost for the Holiday Lane Widening Project (A2), Lewis Drive to Bogart Drive *24. PU 95-43 Award Bid for Toro Mowers *25. PW 95-36 Approve Budget for Rodger Line Drive, Phase B (Calloway Branch to Booth-Calloway Road) *26. PW 95-37 Approve Transfer of Water and Sanitary Sewer Impact Fee Funds *27. PAY 95-11 Approve Final Pay Estimate NO.6 in the Amount of $106,492.78 to Fox Contractors, Inc. For Davis Boulevard Utility Adjustments, POSTl!:D Phase II ,~,- ~- tJ.s- ... ~. ð 28. Citizens Presentation c::;;;, -1 Timet City secretð¿ -1JJ ' r 29. Adjournment By . /~," ./. 7> - -------------_.__.._~---- . - _... .-., -. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. ~ Date: T Subject: June 26, 1995 NRH20 Update The response to NRH20 during our first 25 days of operation has been phenomenal. Over 56,300 guests have attended the park through Sunday, June 25. Our daily average attendance has been 2,252 persons as compared to the 1,600 anticipated in the feasibility study. Gross revenue, including season passes, is approximately $625,000 through our first 25 days. Our weekly attendance and revenues continue to increase with each succeeding week. The "Gala" and our "Inaugural Season Celebration" were great successes. More than $35,000 in sponsorships and ticket sales were generaged through the "Gala". After expenses are deducted, $20,000 in net proceeds will be split between the North Richland Hills Teen After School Program and for the Star Telegram Scholarship Fund. The "Inaugural Season Celebration" resulted in our peak single day attendance of 3,400 guests. '- The NRH20 staff is to be commended on the results of our first safety audit. Safety auditors from our risk management firm, Ellis & Associates, conducted an unannounced safety audit on June 15, 1995. The audit occurred during the "Gala", in which we had staffed for an anticipated crowd of 750, although 1,500 guests showed up! Our lifeguards and facility scored a 98.75% - out of a possible 100. This exceptional score placed our facility in the "Gold Elite" class of Ellis facilities nationwide. Our customer satisfaction index as determined by random exit surveys has been very good. On a scale of 0 to 5, our guests have given NRH20 and staff an average rating of 4.5. The most common comments from the exit surveys are related to the ice chest/cooler policy and a desire for more rides, attractions, and just more water park. The number of cooler policy complaints has continued to decrease since opening. More of the guests desiring to bring coolers are taking advantage of the picnic areas immediately outside of the fence. We have added more picnic tables in shaded areas around the park and along the trail. Our policy is identical to the cooler policy of Six Flags Over Texas. Our primary concerns remain the prospect of glass containers and/or alcoholic beverages being brought into the park. Inspecting coolers is undesirable in that you cannot always detect alcohol in other beverage containers and the inevitable delays and inconvenience that would occur for guests awaiting entrance to the park. ISSUED BY THE CITY MANAGER . NORTH- RICHLAND HILLS, TEXAS There is also a financial implication from allowing coolers and outside foods. Our food and beverage sales are currently 10 - 25% of our daily revenues on a given day. While the other water park in the Metroplex does allow coolers, they also charge nearly $20 per person to enter their park. If we are to meet our revenue expectations and allow coolers we would have to evaluate increasing our very affordable admission prices or decide to subsidize the park's maintenance and operations cost. It is our opinion that the provision of shaded picnic areas immediately outside the fence and allowing guests to leave and re-enter the park is a very reasonable solution to this concern. The revenue implications are important in allowing us to address the other top guest request which is, expanding the park and adding new attractions.. We have already responded to some other suggestions from our guests. In response to a desire for faster food service, since our attendance has far exceeded our expectations, we have changed the operating procedure at the food court to be more of a fast food style restaurant. Instead of cooking everything to order, we have gone to a cook first system. This is keeping the lines down, but with any large crowd, there is going to be a line. Our estimates range from five (5) to eight (8) minutes in line on busy days with the new system in place. We are also investigating adding some type of shade structure for the lines possibly along the same lines as the material in the funbrellas. We have also experienced some locker theft. With the lockers, the challenge we are facing is people are not locking their lockers properly. They place their belongings into the locker, shut the locker and walk away. Sometimes they place the key in the lock but fail to turn it in a complete circle to lock the locker. We are addressing this with the addition of a locker attendant, printed instructional information and signage inside the locker area. An additional idea includes placing instructions inside each locker. We think these steps should clear up any challenges with the lockers. Many guests have suggested we add clocks to the facility. We are still investigating the addition of a large clock to be placed either in the front of the park or by the wave pool. Until that comes into fruition, we have placed four (4) clocks at various locations throughout the park. This is beyond the clock in the office and all of the staff wearing wristwatches. Overall the season is going phenomenally well. We will continue to evaluate and address issues as they come up in an effort to have the most successful first year possible. Respectfully Submitted, ~~~.~ Jim Browne Director of Parks and Recreation INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-86 ~ Date: June 26,1995 T Subject: Boards and Commissions Orientation Process "- Mayor Pro- Tem Jo Ann Johnson recently requested information on the orientation process for new members of the various Boards and Commissions. We have compiled this information from the Departments that work with the individual board or commission and have summarized the information below. All members are provided a copy of the "Boards and Commissions" handbook that is prepared by the City Secretary's Office. The handbook includes a listing of all the Boards and Commissions as well as the names, addresses and phone numbers of the current members. The handbook also lists the Powers and Duties, Number of Members, Terms, Meetings schedule, Method of Appointments and Qualifications. BOARDS and COMMISSIONS Animal Control Shelter Advisory Committee Committee members are provided with a copy of the Animal Control Policy & Procedure Guide, Animal Control from A to Z video, national Animal Control newsletter subscription and an Animal Center Brochure describing services. Members are also given a tour of the Animal Services Center. Beautification Commission Committee members are welcomed with a letter and a follow-up telephone call from the Parks and Recreation Department. New members receive copies of recent Commission meeting minutes. Instructions are given to the Commission members at the next scheduled meeting. Board of Appeals Committee members are provided with the following North Richland Hills Codes: Building Code, Fire Code, Electrical Code, Mechanical Code and Plumbing Code. Board of Adjustments (Zoning) Committee members are provided with the following information: *NRH Zoning Regulations *NRH Subdivision Regulations (' *Comprehensive Land Use Plan and map *Copy of Section 211 of the Texas Local Government Code (state laws dealing with zoning procedures and board of adjustment) ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS cc~ Board of Adjustments (continued) page 2 *Official Zoning Map *Attendance Schedule *Planning and Zoning Primer *Copies of appropriate application forms Attendance at annual American Planning Assn. Commissioners training workshop. Cable Television Board Board members are provided a copy of the Ordinance creating the Cable Television Board that defines their functions and responsibilities, a copy of the Franchise Ordinance for cable services for the City, Cable Board by-laws, Municipal cable television policies and other miscellaneous information such as prior Board meeting minutes. Civil Service Commission '~ Board members are provided copies of the City Civil Service Rules and Regulations, the City Charter and details of the appeal procedures during appeal hearings. The Human Resources Director meets newly appointed commissioners on an individual basis to advise them of their responsibilities and authorities and to review the Rules and Regulations and Charter. The Commission generally meets two times per year. Ubrary Board The new Library Director was not able to locate any formal orientation for Library Board members. He is developing a comprehensive orientation that will include the following: *Letter of welcome from the Director, *Packet of information including Public Library Advisory Handbook Library Board Bylaws City Ordinance establishing the Library Board Library Plan of Service Most recent Output Measures Survey Results *Tour of Library facilities and operations including meeting with Library Director to review materials and introduction to Library staff. Park and Recreation Board Board members receive a welcome letter and phone call from the Director. members receive an orientation packet including: *A copy of Parks and Recreation and Open Space Master Plan; *Copy of the Department's current "Goals and Objectives"; New t( Park And Recreation Board (continued) page 3 *"How to Survive as a Parks and Recreation Board Member" excerpts from NRPA publication. *Copy of most recent Parks and Recreation Department Annual Report. *Copy of most recent Parks and Recreation Department brochure "Leisure Celebration". *Copies of recent Parks and Recreation Board minutes. New members also meet with the Director and are introduced to the Division Heads, receive a tour of the City's Parks and Recreation facilities and receive a copy of "Governina Parks and Recreation: Board Strateaic Leadership", a NRPA video tape. Planning and Zoning Commission Commission members are provided with the following information: *NRH Zoning Regulations *NRH Subdivision Regulations *Comprehensive Land Use Plan and map *Copy of Section 211 and 212 of the Texas Local Government Code (state laws dealing with zoning and property subdivision) *Official Zoning Map *Master Thoroughfare Plan *Planning and Zoning Primer *Copies of appropriate application forms *Attendance at annual American Planning Association's Commissioners training workshop. Teen Court Advisory Board New members of the this board receive a copy of the Teen Court brochure, a copy of the Teen Court Bylaws and a copy of the most recent Monthly Report. All other orientation information is verbal. With the recent change placing the Teen Court under the direction of the Municipal Court, the orientation process will be evaluated and enhanced as deemed appropriate. If you would like additional information on any specific board or commission we will be glad to obtain it for you. ~c_ I( Randy Shiflet Assistant City Manager INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. 95-85 ""-.. ~ Date: T Subject: June 19, 1995 Community Development Block Grant Submittal for 21 st Year The "Youth at Risk" Program was selected by City Council in January 1995 to receive the 21 st Year Funding of the Community Development Block Grant (CDBG). Since then, staff has been studying ways to implement the program around the strict guidelines including demographic and income restrictions. Eligibility criterion states 'that the program service area must have at least 51% of the residents in the low and moderate-income level.' This criterion is part of the national objectives established by The Community Development Block Grant Program. The two middle schools selected for the youth at risk program do not meet this income requirement. Additionally, only students who meet the requirements would be allowed to participate in the program. The established program at North Richland Middle is based on a philosophy of inclusion and provides free programs to all students - the belief being that all students are potentially 'youth at risk', regardless of income. The stigma of being labeled "low income" would discourage students from participating as well as exclude the majority of the students. With these factors in mind, staff recommends that other funding sources be examined for the "Youth at Risk" program .~ and that Council select another project for the CDBG 21 st Year funding. There is approximately $125,000 in funding available for this year. Options that are anticipated to be within the available funding without financial participation by the City include: · Expansion of Bursey Road Senior Center - addition of a room on the north side of the building. The patrons have requested additional space to meet growth demands. · Handicapped accessible playground equipment for Glenview Neighborhood Park. The City Council is requested to evaluate these or any other options and direct staff accordingly. We will need to advertise for a public hearing on the project(s) to be considered and need to take formal action in July of 1995. Respectfully submitted, ~~ Director of Parks and Recreation 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 - JUNE 12, 1995 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 12, 1995 at 7:30 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Mark Wood Byron Sibbet Linda Spurlock Sansoucie Mayor Councilman Councilman Councilman Councilman Councilwoman \ Staff: Randy Shiflet Larry Cunningham Jeanette Rewis Rex McEntire Greg Dickens Assistant City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: JoAnn Johnson Ray Oujesky C.A. Sanford Mayor Pro Tem Councilman City Manager 2. INVOCA TION Councilman Garvin gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING MAY 22, 1995 APPROVED June 12, 1995 Page 2 Councilman Wood moved, seconded by Councilman Sibbet, to approve the minutes of the May 22, 1995 meeting. Motion carried 5-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. PARK AND RECREATION BOARD MINUTES No action necessary. 6. o REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (10,12, 15, 16, 18, 19,20,25,26 & 27) APPROVED Councilman Sibbet moved, seconded by Councilman Wood, to approve the Consent Agenda. Motion carried 5-0. 8. PZ 95-06 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 AT THE MAY 8,1995 CITY COUNCIL MEETING) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. Robert Pressley, representing the owners, spoke in favor of the request. June 12, 1995 Page 3 Mayor Brown called for anyone wishing to speak in opposition to please come forward. Mr. Howard Wadley, 6720 Hewitt, spoke in opposition of the request. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Sansoucie moved, seconded by Councilman Garvin, to approve Ordinance No. 2047 with the stipulation of 1,800 square foot homes. Motion carried 5-0. 9. PZ 95-11 PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY MANUEL TO REZONE LOT A2, BLOCK 24, CLEARVIEW ADDITION FROM C-1 COMMERCIAL TO C-2 COMMERCIAL- ORDINANCE NO. 2052 . (LOCATED AT THE NORTHWEST CORNER OF GRAPEVINE HIGHWAY AND MAPLEWOOD AVENUE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Dub O'Neal, representing the applicant, spoke in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to p/ßase come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. -. Councilman Sibbet moved, seconded by Councilman Garvin, to approve Ordinance No. 2052. Motion carried 5-0. *10. PS 95:-20 REQUEST OF RICH LAND HILLS CHURCH OF CHRIST FOR AMENDED PLAT OF LOTS 3R, 4, AND 5, BLOCK 7, MEADOW LAKES ADDITION (LOCATED IN THE 5000 BLOCK OF MEADOW LAKES DRIVE) APPROVED June 12, 1995 Page 4 11. GN 95-71 OLD TOWNE SMITHFIELD STUDY APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve GN 95-71. Motion carried 4-1; Councilwoman Sansoucie, Councilmen Welch, Garvin and Sibbet voting for and Councilman Wood voting against. *12. GN 95-72 TARRANT COUNTY AUTO THEFT TASK FORCE AGREEMENT- RESOLUTION NO. 95-33 APPROVED 13. GN 95-73 PUBLIC HEARING - DECLARATION OF A NUISANCE IN KINGSWOOD ESTATES Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. Ms. Terri Maëe, 7605 Aubrey Lane, appeared before the Council. Ms. Mace advised this project had been going on for about a year. The neighbors had to put up with blowing red dust and red mud in streets when it rained. Ms. Mace showed pictures of the area. Mr. John Owens, representing J.D.M. Construction, 1905 Industrial, COlleyville, appeared before the Council. Mr. Owens stated they had several problems at this site. Lot gradings had to be changed, drainage reworked and their equipment was vandalized. Mr.-Dwens stated they would be ready to start construction in six weeks. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Sibbet, to place GN 95-73 under advisement. Motion carried 5-0. June 12, 1995 Page 5 14. GN 95-74 APPOINTMENT TO TEEN COURT ADVISORY BOARD APPROVED Councilman Wood moved, seconded by Councilman Sibbet, to appoint Ronald Moore to Place 3 on the Teen Court Advisory Board. Motion carried 5-0. *15. GN 95-75 RATIFICATION OF SETTLEMENT IN CITY VS. STEINBERG _ RESOLUTION NO. 95-34 APPROVED ,- *16. GN 95-76 RESOLUTION SUPPORTING REMOVAL OF TRANSPORTATION TRUST FUNDS FROM THE FEDERAL BUDGET _ RESOLUTION NO. 95-32 APPROVED 17. GN 95-77 PROPOSED IRRIGATION WELL AT 8600 CLAY HIBBENS APPROVED Mr. Gary Franklin appeared before the Council. Mr. Franklin stated he wanted to go 800 feet. The water would be used to fill his irrigation tank for watering his fields. There was not a house on the property. Councilman Garvin moved, seconded by Councilman Wood, to approve GN 95-77. Motion carried 5-0. *18. PU 95-38 AWARD BID FOR HVAC REPLACEMENT AT LIBRARY APPROVED June 12, 1995 Page 6 *19. PW 95-29 AWARD OF BID ON HOLIDAY LANE, SECTION B CURB & GUTTER, SIDEWALKS & MISCELLANEOUS STREET IMPROVEMENTS APPROVED *20. PW 95-30 APPROVE CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES FOR RUFE SNOW DRIVE RECONSTRUCTION (ONYX DRIVE NORTH TO GLENVIEW DRIVE) APPROVED - 21. PW 95-:31 PUBLIC HEARING ON RODGER LINE DRIVE ASSESSMENTS Mr. Dickens, Public Works Director, introduced the project. Mr. Paul Young, Appraiser, gave a report on the Enhancement Study. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. Mr. Jeff Wooley, Attorney, representing Allen Sammuels, appeared before the Council and spoke against the project. Mr. Wooley did not feel the improvements would enhance their property. Mr. Allen Young, representing Alan Young Buick, appeared before the Council and spoke against the project and assessment. Mr. Young did not feel that the road would benefit their business. 22. PW 95-32 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON RODGER LINE DRIVE _ ORDINANCE NO. 2054 APPROVED Councilman Garvin moved, seconded by Councilman Wood, to approve Ordinance No. 2054. Motion carried 5-0. June 12, 1995 Page 7 23. PW 95-33 APPROVING AND ADOPTING ESTIMATES FOR IMPROVEMENTS ON RODGER LINE DRIVE _ ORDINANCE NO. 2055 APPROVED Councilman Garvin moved, seconded by Councilwoman Sansoucie, to approve Ordinance No. 2055. Motion carried 5-0. 24. PW 95-34 CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS ON RODGER LINE DRIVE _ ORDINANCE NO. 2056 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve Ordinance No. 2056. Motion carried 5-0. "'25. PW 95-35 AWARD OF BID ON HOLIDAY HEIGHTS ELEMENTARY SCHOOL TRAFFIC SAFETY IMPROVEMENTS APPROVED "'26. PAY 95-09 APPROVE FINAL PAY ESTIMATE NO.2 IN THE AMOUNT OF $3,914.85 TO INTEGRATED ROADWAY SYSTEMS, INC. FOR TRAFFIC SIGNALIZATION ATWATAUGA ROAD AND TECNOL BLVD. APPROVED "'27. PAY 95-10 RATIFY PAYMENT TO SEPCO INDUSTRIES FOR EMERGENCY PUMP REPAIR AT CONN DRIVE PUMP STATION APPROVED June 12, 1995 Page 8 28. CITIZENS PRESENTATION The video on the opening of NRH20 was viewed. 29. ADJOURNMENT Mayor Brown adjourned the meeting. 'Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-83 * Date: June 15, 1995 Subject: Clean Texas 2000 Partner The City of North Richland Hills was recently recognized as a Clean Texas 2000 Partner by the Texas Natural Resource Conservation Commission for our work in taking care of Texas through outstanding efforts in Environmental Protection and Pollution Prevention. North Richland Hills is being recognized specifically for our Ozone Alert Program which is unique in the state. The Clean Texas 2000 Program is a voluntary pollution prevention program designed to bring together communities, governments, business, and industry to reduce pollution of our land, air and water; to institute programs to reclaim resources now going to landfills; and to provide citizens with the information they need to personally care for the Texas Environment. Our pro-active stance in the reduction of ozone and pollutants serves as a model for municipal governments and private businesses to work together to help solve this very serious problem facing the Metroplex. This award takes us one step closer to our goal of making North Richland Hills a member of the Clean Cities 2000 program. Respectfully Submitted, ----- CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS -- Department: ( '-Subject: Planning and Inspections ~ Council Meeting Date: 6/26/95 Request of Sandlin-Barfield Joint Venture for Final Plat of Agenda Number: Thornbridge Addition, Phase III. (Located in the 8900 block of Thornberry Drive) PS 95-13 Sandlin- Barfield Joint Venture is the owner of a 20.25 acre tract of land located on the east side of the Thornbridge Addition. The owners have submitted a Final Plat of this property. There are three main issues submitted to the Planning and Zoning Commission regarding this Final Plat: (1) Drainage, (2) Parks, and (3) Zoning. 1. Drainage Public Works design criteria requires all drainage channels be fully concrete lined. The Master Drainage Plan identified a fully lined concrete channel for this property. However, earthen channels with a 12' concrete pilot channel are allowed on the main channels of Calloway Branch, Little Bear, Mesquite Branch, Mackey Creek, and Walkers Branch. The owner is proposing to control the drainage with an earthen channel, but without a concrete pilot channel because ttie public park dedication issue has yet to be resolved. The owner has agreed to work with the staff on the design and construction of the drainage channel. The Planning and Zoning Commission recommended the owner provide a separate drainage easement for the property in question with the north-south channel flow being addressed in accordance with the city's criteria. '~.- 2. Parks There has been considerable discussion with the developer concerning a neighborhood park. The Parks Department would like to accept an earthern channel along with dedication of a ,2.9 acre site for a neighborhood park. There has been concern on the part of the homeowners association as to the type of park. 3. Zoning Several of the lots are split between the R-1 and R-3 districts. The owner'requested the Planning and Zoning Commission to initiate a zoning change to R-1 on the R-3 portion of this plat and the remaining unplatted portions of the Thornbridge area. There are cQncerns that the City Manager feels should be addressed at the time of this plat. The maintenance of an earthern channel is expensive. A pilot channel should be considered if the park is . dedicated and the earthern channel allowed. The developer will have to address the down stream impact of this channel. The owner has agreed to all other engineering comments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) _ Sufficient Funds Available ''-.- Operating Budget _ Other _ . ~c..& Jfj Ga ~~ ~ Depart~ Signature CITY COUNCIL ACTION ITEM . FInance OlleCIOt The Planning and Zoning Commission considered this Final Plat at its May 22, 1995 meeting and - recommended approval subject to (1) engineering comments, (2) that the drainage area to the north .'-....- and east be conveyed to the city or a drainage easement be dedicated to the city prior to building permits being issued, and (3) that the staff initiate re-zoning of all the Thornbridge property to R-1 Single Family Residential with public hearings scheduled at a future meeting. RECOMMENDA TION: It is recommended that the City Council consider the recommendation of the Planning and Zoning Commission. .'-- ',,- CAll TO ORDER ROll CAll MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS May 25, 1995 - 7:30 p.m. PRESENT Vice-Chairman Members CONSIDERATION OF MINUTES OF MAY 11,1995 Mr. Baxter ~e the motion to approve the minutes as presented. The motion was seconded by Ms. S er. The motion carried 5-0, with Mr. Lueck abstaining due to absence at the previo eeting. ZONING CASES 1. PZ95-11 PLATS AND SUBDIVISIONS 2. PS 95-13 Public Hearing to consider the request of Tommy Manuel to rezone Lot A2, Block 24, Clearview Addition, from C-1 Commercial to C-2 Commercial. This property is located at the northwest corner of Grapevine Highway and Maplewood Avenue. Mr. LeBaron stated the property is zoned C-1, surrounded by C-2. He stated the owner is requesting C-2 zoning to expand his car dealership. He stated the use is not allowed in a C- 1 zoning district. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Bowen made the motion to approve PZ 95-11. The motion was seconded by Mr. Lueck. Request of Barfield-Sandlin Joint Venture for Final Plat of Thornbridge Addition, Phase III. This property is located in the 8900 block of Thornberry Drive. Mr. LeBaron stated one issue is the subdivision has dual zoning between R-1 and R-3, and several of the lots are split. He stated the subdivision should be zoned one or the other. He stated the zoning should not hold up the plat. Mr. LeBaron stated staff has also recommended that the drainage area to the east be incorporated into the plat as an easement. PZ Minutes - Page 2 May 25,1995 Vice-Chairman Barfield asked the Commission to consider initiating a zoning change on this property as a house-cleaning item. Mr. Davis made the motion to approve PS 95-13 subject to the following requirements: subject to engineering comments, the drainage area to the north and east be dedicated as a drainage easement or conveyed to the city prior to building permits being issued, and the city initiate a zoning change of all the lots to R-1. Mr. Lueck asked if the drainage channel must be concrete lined. Mr. Davis stated the applicant will build whichever the city requires. Ms. Spicer asked if they are initiating a zoning change on the entire subdivision or just the area covered by this plat. Mr. Owen D. Long, 1615 Precinct Line Road, Hurst, came forward to represent the owners. He stated they have no problem zoning the remainder of Thornbridge to R-1. He stated they will work with staff on the design and construction of the drainage channel. Mr. Davis clarified his motion to include the rezoning of the entire subdivision. Mr. Baxter asked since the parks department has expressed interest in obtaining more lots, would that affect the street layout of this phase. Mr. Long stated no. The motion was seconded by Ms. Spicer. The motion carried 6-0. STAFF REPORT None. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. David Barfield, Vice-Chairman Planning and Zoning Commission Victor Baxter, Secretary Planning and Zoning Commission General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer A. Lines B. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions D. New Streets E. Street Lights F. Access G. Sidewalks H. Screening Walls Subdivision Plat Review Fact Sheet Case Number PS 95-13 Sandlin-Barfield Joint Venture, Hurst TX same Owen D. Long & Associates, Hurst TX Loyd Bransom Surveyors, Ft Worth TX 20.25 acres 44 2.17 units/acre R-1 Single Family Residential and R-3 Single Family Residential Single family residences This property will served by 6-inch water and sanitary sewer lines. There are other improvements that will be made in accordance with the capital improvements plan. The developer will install the necessary fire hydrants in accordance with Public Works criteria. This property does not abut a Collector or Arterial street. None required. Thornberry Drive will be extended to the east. Three new streets are proposed. Any required street lights will be installed in accordance with Public Works criteria. Access to this property is from Thornberry Drive. Sidewalks are required on all lots as each individual lot develops. Not required. I. New Street Names Drainage A. Flood Plain B. Improvements C. Easements Thornbird Drive, Thorndyke Drive, Thornmeadow Court. According to Flood Insurance Rate Maps, this property. There is a drainage area to the north and east of this property. Public Works criteria requires channels to be fully concrete lined. Earthen channels are allowed with a concrete pilot channel, but only if long-term maintenance is provided by a homeowners association or the city. Off-site drainage easements are necessary for this project. All exhibits need to be prepared and submitted to the Public Works Department for review. Comprehensive Land Use Plan A. Consistency B. Special Issues This request is consistent with the Plan which calls for low density single family development in this area. None. ~."._.~--~~~-----...,._.- CIrY OF N@RTH RICHLAND HILLS -._-~-" Public Works May 17, 1995 MEMO TO: Planning and Zoning Commission FROM: Kevin 8. Miller, P.E. Assistant Public Works Director SUBJECT: PS 95-13; THORN BRIDGE ADDITION - PHASE III; Final Plat and Construction Plans We have reviewed the subject documents submitted to this office on April 18. The following items are for your consideration. 1. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication prior to filing the plat. 2. This Plat is extending the number of lots in existing blocks. The Block and Lot numbers therefore need to be added to the title block as shown. 3. Section 230, Paragraph C of the Subdivision Ordinance requires that lots not be approved if they are bisected by a Zoning District. This plat includes several lots with split zoning. In addition, the zoning is mislabeled. The "R-2" is actually "R-1" and the "R-1" is actually "R-3." The result is several lots which have both R1 and R3 zoning. Although the Developer may impose deed restrictions which are more stringent than the zoning, deed restrictions are not enforced by the City. If a problem occurs (house burns for example) in the future, the homeowners will need to contract with an attorney to prevent an R3 house from being constructed in the middle of an R 1 neighborhood. Public Works would recommend that this plat be tabled or denied until the zoning is changed. 4. There appears to be sufficient error in the survey to create inadequate closure. This needs to be resolved. The last call does not agree with the lot dimensions along the south property line. In addition, the bearings of the common subdivision lines are significantly different from those of the previous plats. 5. The offsite drainage to the East and North has not been included with this plat. The Engineer is attempting to control the drainage in question by the use of a natural earthen channel. The Design manual requires all channels to be fully concrete lined. The exception is to allow earthen channels with a concrete pilot channel but only if the long term maintenance is performed by a Homeowners Association or the Parks and Recreation Department. We have not received any type of agreement from the Parks Department regarding this issue. If the area is to receive long term maintenance by the P.O. Box 820609 . North Richland Hills, Texas. 76182-0609 7301 Northeast Loop 820·817-581-5521. FAX 817-656-7503 ----~-_._---_._---~--_._--_._----_.~--- PWM 95-049 Page 2 May 17, 1995 Homeowners Association, the area needs to be included with the plat as a lot. If the Parks Department is to own and maintain this area as a park, an agreement (and ultimately a deed) will need to be submitted for review. If Public Works is to maintain this channel, the engineering will require major revisions and the area will need to be included with this plat with the appropriate easements dedicated. 6. All offsite easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. 7. The City of North Richland Hills has adopted water and sewer impact fees. In general these fees are due from the Builder (at the time of construction) and therefor do not significantly impact on the Developer. There are some projects however which require the construction of Public Water and Sewer facilities. If those facilities are included in the City's 10 year plan, then there may be City participation available. If City Participation is desired, a formal written request will need to be submitted and a City Developer Agreement will need to be approved by City Council. This can take place anytime prior to the Engineer accepting public bids for the facilities which will receive City participation. 8. Current EPA regulations require that an NPDES permit be obtained prior to beginning construction. The Owner and Contractor are both responsible for obtaining the permit. The Owner should therefor request information from the EPA to determine the necessary steps for filing an application for an EPA - NPDES Permit. 9. There are numerous comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The plans are being returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~ Kevin 8. Miller, P.E. Assistant Public Works Director KBM/kbm/PWM95049 cc: Greg Dickens, P.E., Public Works Director Barry LeBaron, Director of Planning & Inspection Services Owen D LOn9&Associates 817 2814934 p.e1 Owen D. Long and Associates) Inc. CONSUl1'U..O EHQjHEEftS May 18. 1995 Mr. Kevin B. Miller, P. E. Assistant Public Works Director % Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hi)ls, Texas 76182-0609 Dear Kevin: Re: PS 95-13 Thornbridge Addition, Phase 111 -final Plat and Construction Plans We have received a copy of YOur letter dated May 17, 1995 regarding the captioned Final Plat and construction plans and have the following comments: 1. The signatures wi]1 be added to the original Owner's Acknowledgement and Dedication prior to filing the plat. 2. The surveyor will add the block and lot numbers to the title block, as requested. 3. The owners do not object to either the zoning of the various lots or the entire plat to R-l, either by lot adjustment or total plat to upgrade from R-3. The owners request that the final plat be processed with the agreement that a zoning applfcotion will be submitted later and processed prior to any bUilding permits being' issued on any bi- sected lots. 4. The surveyor will correct the errors on the plat for closure. The bearings on this plat are tied to the G.P.S. system, whereas the other plats were not. 5. The Owners have been working with the Homeowners Association and the Parks and Recreation Department about the-acceptance of the open space for maintenance and ownership. The design of the earthen channel, either with ð concrete pilot channel or not, has been discussed and will need to be resolved prior to the final construction plans being approved by Public Works. A separate plat or a drainage and utility easement can be submitted for approval along with the final construc- tion plans. 6. All offsite easements, letter of permissions and exhibits will be prepared and submitted to ~1e Public Works Department. 1615 Þreclnct Line RolId . Suite 1061 Hurst. Texu 76054' Phon. (817) 281-8121 Owen D Lon9CAssoc¡ate~ 817 2814934 P.,02 May 18~ 1995 - P. 2 Mr. Kevin Miller 7. We have had discussions with the Public Works Department about the requirement for the proper sizing of the wate,r and sewer facilities and the possible city participation. When plans are approvedt we will make the formal request for the available city participation. 8. After Public Works completesthe1r plan review and all corrections have been made and plans approved~ we will file with the EPA a notice of intent (NOI) prior to beginning construction. 9. When the construction plans are returned, we will address all comments and make all necessary changes or revisions. If you have any additional comments or requirements. please give me a call and we will respond as quickly as possible. $; ncerely ~ J _ _/ M~LO~'~ MDL/ml cc: John Barfield. Trustee NRH APPLICATION FOR A FINAL PLAT City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 817-561-5515 - ---- (PI.... prin( you' 'espa>ses Proposed Subdivision Name: - / #o)ed,i;J/< /L1G-¿ Current Legal Døscriplicn: 'PAE;ï cç ""\ AG. ES-r..4-r-Gs ~-'t> &"c$é ../ZZ s. ~ 1<:.. ~ß ~t> so tV Ç.LU~_"'E'(,/ }>~".,. ði'= 5 ~, ~.e.£...., T<uðO þ rA-'>:!.;r- :ð)::" Lð7'J J b3l..o~ ',. K\t>).<Jt::~L I9ÞÞ>TfO.J Name and Address of Current Property Owner: 5'aJ7d,l;4- .BÆ:>..e'¡'-l'êLI7 --/o,,.,....,r J/¿......,?r;/-<.ë ...JoHN W -¡i3~.t¡::/~bP, T~Ù'ST(!!E ìoo HAJ2iJJoop -¡'O;9µ HCJ f:.'>ï I T¡:i: h $ ì6.() 51/ Name and Address of Previous Owner: (If purchased during past twelve mooths) 5Af1 F Name and Address of Developer: SAm,E c.u~R..E.vT ð W N tr~ AS Phone No. 8 17) -ZS 1- 90<:\0 Phone No. Name and Address of EnginfKIf: A/, ÖW~A} 0 L~N~ ~ S-;'oc.\ ;47ES, N<:"r )(,,1'5> -P~E"<:"/.JJc..T Llr1~ ~OAÞ/ ;::'UI7t:' /0," HLLRS-ï" -rë::~~'5. ì&os,-/ Type of Development 8øing Proposed: ~ SF ResidenUaI 0 MF Residential 0 Other o Duplex Residential 0 Commercial/Industrial Anal Plat AppIiçaticn F88 Calculation: Phone No. 811)7.S/-BI"Z.j 1. ApplIcation f88: 4tt 2. Number of residential lots 0 $1.50 per lot 3. Number of non-residentiaJ acres 0 $5.00 per acre: 4. Number of str88t intefSøction signs 0 $65.00 each: 5. County plat reCtJl'ding f88: $120.00 ~,.OO Z 60.00 "0.00 Total f88: " 6<36.06 I h6reby certify that I am, or represent, the legal owner of th6 property described above and do hereby submit this Final Plat to the Planning and Zoning Commission lor consideration. Date:f--11-9~ Your name (Printed Narne;s;;h YJ w. h;;lf,,,,¡j..,..,... Note: Please complete and submit the ·Final Plat Docume t Submittal Checklist" on the reverse side of this form. f~~5·1~ FINAL PLAT CD . 402 (5 . 94) '" .., .., '" ., '" > ~, > Q, " C) '" C) <0 '0 n I ¡; ... ,... . :Cb > ¡; \~ C)E "" .,. õ '- ;; : ~ ~ ~ ;; ; ;;; ; ;; II 'I ~ '" ~ ~ ~ ;; ~o W 0' .. U1" . ft ~~.....~ --,' =-:. ;; .'\.... ~ . ~ ,~ ~ -- "-, ",;., ~ '-~ ." -- , 'M ~ , "'¡oo ~ "'. g Ow ~ w i\ o ~O 0 '7 0' ~ I ¿:. ..... c"" ! ~ ~ , <A '7 ¡; ;; ~ 'ð> ¿:. .. '" c 'b -Q . ~ ~ '" -Q ~ ;; g :.¡ ~ ;; ~ 0 ;; ¿:. > ~ . ¿:. I ~~ 11 C) 7:> i d ~, > "- :) d ~ : '~ .;; :; ;; '" "'n "', 0... o '" .. .. ~ .. ;t:J I W ï;;c ;: s. ~ ~:;~ ~~~ ~ ~ .. '" ;: '" .. n ·~o 1 ,., 11 '" iii Department: CITY OF NORTH RICHLAND HILLS Planning and Inspections ~ Council Meeting Date: 6/16/95 '--Subject: Request of Melvin Wood for Final Plat of Lot 1, Block 16, A.Qenda Number: Stonybrooke Addition. (Located in the 8600 block of Rumfield Road) PS 95-18 Mr. Melvin Wood is the owner of a 5-acre tract of land located on the south side of Rumfield Road, just east of Davis Boulevard. Mr. Wood has submitted a Final Plat of a 0.6535 acre portion of the tract to plat a single lot for a future homesite. The following are the issues associated with this Final Plat: 1. The owner has signed a covenant for future street, sidewalk, and fire hydrant improvements for this property. 2. The Planning and Zoning Commission required this property to provide a hammer-head or similar .turn-around driveway. A note concerning the driveway has been added to the plat. 3. This property is zoned R-2 Single Family Residential. The proposed lot exceeds the minimum requirements of the R-2 zoning district. The Planning and Zoning Commission considered this Final Plat at its June 8, 1995 meeting and recommended approval. '- RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget .. Other~ _ ~ .. ~~ ~ Department Head Signature CITY COUNCIL ACTION ITEM - Acct. Number Sufficient Funds Available . FInance Dlleclo, PZ Minutes - Page 2 June 8. 1995 2. PS 95-18 3. PS 95-20 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT Victor Baxter, Secretary Planning and Zoning Commission Request of Melvin Wood for Final Plat of Lot 1, Block 16, Stonybrooke Addition. This property is located in the 8600 block of Rumfield Road. Mr. Rich DeOtte, with Spiars & DeOtte, came forward to represent the owner. He stated the owner has agreed to all engineering comments. Mr. Barfield made the motion to approve PS 95-18. The motion was seconded by Mr. Lueck. The motion carried 7-0. , , ck 7, This property is located in the 5000 block of Meadow Lakes Drive. made the motion to approve PS 95-20. The motion was seconded by Mr. Bowen. carried 7-0. Mr. LeBaron s ed on July 31st, the American Planning Association will hold a workshop on municipal offici liability. He stated the workshop will be held at the NRH Recreation Center. None. James Brock, Chairman Planning and Zoning Commission General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer A. Lines B. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions D. New Streets E. Street Lights F. Access Subdivision Plat Review Fact Sheet Case Number PS 95-18 Melvin Wood, NRH TX same Spiars & DeOtte, NRH TX Eddie Dunn, Richland Hills TX 0.6535 acres (28,469 sq. ft.) 1 1.53 units/acre R-2 Single Family Residential Single family residence This property is served by a 16-inch water line located in the Rumfield Road right-of-way. A sanitary sewer service line will be extended from the southwest across Mr. Wood's property to service the proposed lot. The sanitary sewer line will be contained within an easement. The owner will sign a covenant for future fire hydrant improvements to serve this property. This property abuts Rumfield Road, classified as an M4U Minor Arterial. An M4U is a 4-lane, undivided roadway, requiring 70 feet of right-of-way. This portion of the road is currently unimproved with curb and gutter. As recommended by the Planning and Zoning Commission, the owner will sign a covenant for future improvements to the street. None. None. Any required street lights will be installed in accordance with Public Works criteria. Access to this property is from Rumfield Road. G. Sidewalks H. Screening Walls I. New Street Names Drainage A. Flood Plain B. Improvements C. Easements Sidt.-Nalks are required on all lots as each individual lot develops. As recommended by the Planning and Zoning Commission, the owner will sign a covenant for future sidewalk improvements. The screening wall requirement was waived by the Commission upon approval of the Preliminary Plat. None. According to Flood Insurance Rate Maps, this property does not lie within a 100- year or SOO-year flood plain. None required. None. Comprehensive Land Use Plan A. Consistency B. Special Issues This request is consistent with the Plan which calls for low density single family development in this area. None. CITY OF N@RTH RICHLAND HILLS Public Wort<.s May 30, 1995 MEMO TO: Planning and Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Public Works Director SUBJECT: PS95-18; STONYBROOKE ADDITION; Block 16, Lot 1 Final Plat & Construction Plans We have reviewed the subject documents submitted to this office on May 11, 1995. The following items are for your consideration. 1. Correct the date on signature blocks for the Chairman of the Planning and Zoning Commission and the Mayor. 2. A north arrow needs to be added to the Final Plat. 3. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication prior to filing the plat. 4. The attached covenant for the sidewalk, street and fire hydrant improvements need to be signed and returned prior to filing the plat. 5. The attached easement dedication needs to be incorporated into the closing paragraph after the Metes and Bounds description. 6. Due to the minimum driveway and street entrance spacing allowed on Major Collectors, only one access will be allowed along Rumfield Road. A stipulation requiring a hammerhead driveway needs to be shown on the final plat. 7. Inspection fees will be due prior to starting construction. The current rate is four percent for water and sewer and three percent for streets and drainage. P.O. Box 820609 * North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 * 817-581-5521 * FAX 817-656-7503 8. There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~;,~ evin B. Miller, P.E. Assistant Public Works Director pwm95052 cc: Greg W. Dickens, P.E., Public Works Director Barry LeBaron, Director of Community Development R. E. Spiars Engineers 4230 LBJ Freeway, Suite 215 Dallas, Texas 75244 214-699-7477 June 1, 1995 Mr. Clayton Husband Assistant Director of Community Development City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76182 Re: Final Plat, Block 16 Lot 1 Stonybrooke Addition Dear Clayton: We have rece i ved comments from your off ice dated May 30, 1995 regarding the above referenced plat and have no objections. We are in the process of making the minor revisions to the plans and they will be re-submitted within a few days. On behalf of our client, Mr. Melvin Wood, we request that the case be placed on the earl iest meeting agenda avai lable. We request approva 1 of the f i na 1 plat pend i ng execut i on of the requ ired covenant and easement. Thank you for your assistance and please contact me if you have any questions. Sincerely, SPIARS & DeOTTE, INC. (formerly R.E. Spiars Engineers) 124JW.~ Richard W. DeOtte, P.E. ~- -_...._'--_._~.~~~...__._------- NI~H APPLICATION FOR A FINAL PLAT City of North Rich/and Hills 7301 N.E. Loop 820 North Richland Hills, TX 817-581-5515 - ------- (PI-prinlyou,__S¡ Proposed SUbdivision Name: Block 16, Lot 1; Stonybrooke Addition Current Legal Description: See attached legal description. Name and Address of Current Property Owner: 'Melvin L. Wood and wife, Celoda Wanda Wood 8620 Rumfield Road ~ooe~ (817)-281-4788 (If purclJased duting past twelve months) Same Phone No. Name and Address of Developer: Same Name and Address of Engineer: Spiars & DeOtte, Inc. 6869 Dogwood Court ~ooeN~(817)-788-8590 Type of Development Being Proposed: ~ SF Residential D Duplex Residential Final Plat Application Fee Calculation: D MF Residential D Commercial/Industrial D Other 1. Application lee: 2. Number of residential lots @ $t.50 per lot $120.00 $1.50 3. Number of non-residential acres @ $5. 00 per acre: 4. Number of street intersection signs @ $65.00 each: 5. County plat recording fee: Total fee: '$C)R no $179.50 I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this Final Plat to the Planning and Zoning Commission for consideration. Date: 5/2/1995 AppHcanrs Phone No.: (817)-281-4788 Your name {Printed Name): Melvin L. Wood Signature: o-ö-c:I Note: Please complete and submit the "Anal Plat Document Submittal Checklist" on the reverse side 0/ this form. FINAL PLAT CD - 402 (S - 94) CITY OF NORTH RICHLAND HILLS Department: City Secretary Appointments to Park and Recreation t- aCllltles lJevelopm em Corporation Council Meeting Date: Agenda Number: 6/26/95 GN 95-79 Subject: The following Board of Directors terms have expired and it has been recommended that the following be reappointed: Mayor Brown Mayor Pro Tem JoAnn Johnson Councilwoman Linda Spurlock Sansoucie Pam Jackson ':"- The terms of the Officers have also expired and it is recommended that the following be reappointed: C.A. Sanford, President Larry Cunningham, First Vice President Randy Shiflet, Second Vice President Jeanette Rewis, Secretary Patricia Hutson, Assistant Secretary Larry Cunningham, Treasurer Recommendation: It is recommended that City Council take action on the proposed appointments. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ 00_ cr - ¿ V \ . ~1i--H./ztL¡ .u<~~ I ? Department Head Signature . - - \ CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ~ Finance Onctor Page 1 of CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: Subject: Appointments to Industrial Development Committee Agenda Number: 6/26/95 GN 95-80 The Industrial Development Committee needs to be reappointed. It has been recommended that the following appointments be made: Charles Brinkley Robert Harrison Charles Owerf Bob Hamm Clint Blackman Richard Work David Myers - Recommendation: It is recommended that City Council take action on the proposed appointments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ ther ~ Departmen~ Head Signature 2~~ CITY COUNCIL ACTION ITEM Page 1 of FI.....c. Dnc:tor CITY OF NORTH RICHLAND HILLS \ \ \ "-... Department: City Secretary Appointments to Boards/Commissions Council Meeting Date: Subject: Agenda Number: 6/26/95 GN 95-81 Several of the appointments to the City's Boards and Commissions terms expired June 1 st. The following have been r~commended for appointment. Animal Control Shelter Advisory Committee: Place 1 Joe Metcalf, DVM Place 3 Sandra Carter Beautification Commission: Place 1 Place 3 Place 5 Place 7 Alternate Patsy Tucker Deloris Pultz Jane Dunkelberg Phyllis Creecy Glenn Nerwin Board of Adjustment: Place 1 Place 5 Place 7 Perry Christensen Tommy Duer Billy Cypert Board of Appeals: Place 1 Place 3 Place 5 Place 7 Alternate Garry Cope Michael Dean John Larriviere Winston Bell Cable Television Board: Place 1 Place 3 Place 5 Place 7 Vacant David Whitson Vacant Joe Spurlock, I" Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ther Acct. Number Sufficient Funds Available Department Head Signature CnYCOUNC~ACnON"EM FlnMce DnClOt Page 1 of ;apitallmprovement Advisory Committee & Planning & Zoning Commission Place 1 Paul Miller Place 3 Don Bowen Place 5 Richard Davis Place 7 Ron Lueck Alternate Jill Spicer \ \ \ Library Board: Place 1 Place 3 Place 5 Place 7 Polly Brinkley Glenn E. Smith, Jr. Avis Crisp Kay Schmidt Park and Recreation Board: Place 1 Place 3 Place 5 Place 7 Alternate Ann Perchard Rick Work Pam Jackson Sharon Battles Kami Graves Teen Court Advisory Board: Place 1 \.' Place 5 Place 7 Katie Watson Bruce Jacobson, Jr. Tami Pultz Town Hall Committee: Place 5 Place 7 Ross Hood Aline Parker Recommendation: It is recommended that City Council take action on the proposed appointments. ~ CITY OF NORTH RICHLAND HILLS I ' Department: Public Works Council Meeting Date: ApprOVe "No parKing" Lone on ~tardust Ur. from Rufe Snow Drive east to Deadend - Agenda Number: Ordinance No. 2057 6/26/95 GN 95-82 Subject: Staff has received a request from Thompson Realty Corporation, the leasing agent of the retail center located at 5900 Rufe Snow Drive, to place "No Parking" signs along the section of Stardust Drive from its intersection with Rufe Snow Drive east to the deadend by the retail center. This request is due to large trucks parking at the deadend. Staff has discussed this with the Police Department, and they have no objections to the no parking zone. This section of Stardust Drive will be designated a "No Parking at Anytime" zone. Recommendation: It is recommended Council approve Ordinance No. 2057. '- Finance Review Source of Funds: Bonds (GO/Rev.) -' Operating Budget Ot r ft Acct. Number Sufficient Funds Available . &~ ent Head Signature ' Ci Manager CITY COUNCIL ACTION ITEM Page 1 of Flnence Dlrectot ORDINANCE NO. 2057 In order to protect the health and safety of the City and its inhabitants IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle at anytime upon the public streets or portions thereof set out as follows: Along the north and south side of Stardust Drive from its intersection with Rufe Snow Drive east to the deadend. 2. It is ordered that appropriate NO PARKING signs are authorized and directed to be installed upon the right-of-way of the above public street giving the public notice of these regulations. 3. Any person violating any portion of this ordinance shall be deemed guilty of misdemeanor and fined not in excess of $200.00. 4. law. This ordinance shall be in full force and effect from and after its passage and publication as provided by PASSED AND APPROVED this 26th day of June, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City >' -' -. " 211 Fò - § " 211 SG\Jþ.FI~ HIl)" 2' I; . Flr:Gr:~C~ s!NG~ ~ 22 I 23 2!! 21 ! . 2' ---- -- no ,. TR SCtH 3.207 At r .. I . I I .VIo< OA " no.. .52 10< NOR~iNG ~~ r; S -\OP A i- " No PAe.¡¿ING- AÑ'(Tf ME n '"' sCSJ 3.7& At w.~ no ..2 1.10; AC nolA2 &3.50 At ~ø~~ V1' ell 17 ._7 AC ftN5AIL oomrcïr N TillS tax "0 WIS cOllo11ed solely for tne use of ...$ Tarr.ant ""ora 1 so 1 DistrIct wIIo ISsu.U no ruoonslÞl11ty "..1 E for'" the content or accuracy olher tn.n t~ use lntenâeG.. Óo"'\, ___.______ ____.._ . __ _.. - - _-0. .______..._ ._..--'___..____._ _ __._ <" --~.__.:.-_-- .:~ CITY OF NORTH RICHLAND HILLS Department: Fin(;lnceo Council Meeting Date: Subject: Transfer of Cable TV Service from Sammons Cable to Marcus Cable Agenda Number: 6/26/Q5 ON 95-83 Recently, staff informed City Council in IR 95-58 about a coalition of Sammons Cable TV cities that has formed to review the proposed transfer of cable service from Sammons to Marcus Cable. On May 5, 1995, the City of North Richland Hills received from Sammons Communications a FCC Form 394 which requests the City's approval for Sammons Communications to assign its cable TV franchise to Marcus Cable, LLP. Under federal law, the city has 120 days to approve or deny the transfer request. The consortium has met several times since receiving FCC Form 394 to discuss the transfer issue. After careful analysis, the consortium recommends retaining a consultant to assist in the review process. The consultant would represent the entire consortium, thereby presenting a unified front and minimizing costs. The consultant's fees would be prorated among the consortium based on the number of Sammons subscribers in each city. At this time, it is estimated that the City of North Richland Hills' share of the consultant's costs should not exceed $7,500. This fee is not budgeted and can be paid from City Council contingency. Representatives from the cities that met have agreed to recommend that the firm of Varnum, Riddering, Schmidt, and Howlett of Grand Rapids, Michigan be selected as the consultant. The firm has handled numerous cable TV and telecommunications franchise matters for cities throughout the nation. Recommendation: It is recommended that the City Council approve the request to join with the consortium in retaining this firm for a fee not to exceed $7,500. Finance Review Source of Funds: Bonds (GO/Rev.) "Pperating Budget _ '-.-. Oth r Acct. Number Suffici nt Funds Available FI.....ce Olrectot Page 1 of CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 06-26-95 Subject: Professional Services Contract - North Electric Trail Agenda Number: GN95-84 The North Electric Trail project is an ISTEA Enhancement grant project. The grant agreement with Texas Department of Transportation was approved on 9/12/94. The City's share is $165,000, which represents 22% of the total project cost. The remaining 78% of the project cost, $585,000, is funded through ISTEA Enhancement grant funds. We are required to select a design consultant in accordance with TXDOT policies and guidelines. A contract has been negotiated for these professional design services with the firm of SChrickel, Rollins and Associates. The contract amount is $87,000. RECOMMENDATION: It is recommended that City Council approve the attached agreement. "- Finance Review Source of Funds: Acct. Number 09-92-28-6000 Bonds (GO/Rev.) Sufficie t Funds Available Operating Budget _ ~ Other ÚtII ~ Department Heaè3'iignature C"YCOUNC~ACnON"EM FIIIMC» Director Page 1 of Contract No. CONTRAcr FOR ENGINEERING SERVICES CITY OF NORlli RICHLAND HILLS § COUNTY OF TARRANT KNOW AlL MEN BY TIIESE PRESENTS § TIllS ENGINEERING CONTRAcr, made, entered into and executed this _day of 1995, by and ~etween the City of North Richland Hills acting by and through the , with t~e approval of the City Council, hereinafter called the "City," and SChrickel, Rollins and Associates, Inc., hereinafter called the "Engineer." WITNESSETH WHEREAS, the City desires to contract for engineering services concerning the North Electric Trail. AGREEMENT NOW, TIffiREFORE, the City and the engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the project as stated in the sections to follow and outlined hereinafter, and for having rendered such services, the city agrees to pay to the Engineer compensation for these services as mutually agreed. All services performed under this contract shall be performed under the direct supervision of the City Manager, and/or his duly authorized representative. The Engineer will be advised, in writing, of the City's representative. 1. Scope of Services. A Services of the City - The City will furnish items as listed in Attachment A. attached hereto and made a part of this engineering contract. B. Services of the Engineer - The Engineer will furnish engineering and/or surveying services as set forth in Attachment A 2. Prol!I'ess. After execution of this contract, the Engineer shall not proceed with the work outlined under "Scope of Services" until advised in writing by the City to proceed. The work under this contract shall be completed within 500 calendar days after authorized to proceed exclusive of review time by TxDOT, the City, and/or the Federal Highway Administration beyond 75 days which are included in this contract and exclusive of services during construction. Unless extended by supplemental agreement,- this contract shall terminate at the expiration of the specified calendar days. The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the City in order to evaluate features of the work. 3535 ..._.._~.._-._"._-----~-~----." At the request of the City or the Engineer. conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include inspection of the Engineer's services and work when requested by the City. If Federal Funds are to be used on this contract, the work wiH be subject to periodic review by the Federal Highway Administration. The Engineer shall prepare a "Work Schedule" shown as Attachment B attached hereto and made a part of this contract. This work schedule wiH be complete so that the Engineer's "Scope of Services" under this contract can be accomplished within the specified time and the contract cost. This "Work Schedule" wil1 provide specific work sequence and definite review times by the City and the Engineer of the work performed. Should the City desire to suspend the work, but not terminate the contract, this may be done by thirty (30) days' notice given by the City in writing to that effect, and the work may be reinstated and resumed in full force and effect upon receipt from the City of sixty (60) days' notice in writing to that effect. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any emplqyee of the Engineer who, in the opinion of the City, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. The Engineer certifies that he presently has adequate qualified personnel in his employment for performance of the services required under this contract, or will be able to obtain such personnel from sources other than the City. The Engineer shal1 prepare and submit to the City monthly progress reports (which may include a bar graph) in sufficient detail to support the progress of the work and in support of voucher requesting monthly payment. The Engineer shall furnish all equipment, materials and supplies required to perform his work under this contract except as provided herein. 3. Chanl!es of Work. The Engineer shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the city. No additional compensation shall be paid for the work. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additiona.l work and paid for as specified under Article 4. Additional Work. 4. Additional Work:., Work not specifical1y described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Engineer. If the Engineer is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the City in writing. In the event the City finds that such work does not constitute extra work, then the City shall so advise the Engineer, in writing, and shall provide extra compensation to the Engineer for doing this work on the same basis as covered under Article 5. Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. 5. Compensation. The City shall pay and the Engineer agrees to accept in full compensation for the engineering services performed under this contract, fees as outlined below. The Engineer will be paid on the basis of allowances and lump sums amount in accordance with Attachment C. 3535 The lump sum amount payable may be revised in the event of change of scope, increased cost, complexity or character or work as authorized by the City. 6. Method of Pavment. Payments to the Engineer for services rendered will be made monthly while the work is in progress under this contract. The Engineer will prepare and present to the City a monthly progress report and an itemized and certified invoice (Texas Department of Transportation Form 132, or an invoice that is acceptable to the State) each month stating the percent completion of the work accomplished during the month and also to date. Monthly payment of the lump sum fee will be in proportion to the percent completion of the total work, but not to exceed the total lump sum amount shown under Article 5. Compensation. Percent completion of the total work for monthly payments will be based on task completion and calculated on the basis of a percent completion of man-hours, computer time, material testing, etc., required (and as indicated in Attachment C) to do the task. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The original Form 132, or an invoice that is acceptable to the State, and four (4) copies should be submitted directly to the City to expedite processing. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable 'within thirty (30) days' time. The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Five percent (5%) shall be withheld pending completion of work under this contract. Final payment of any money due should be made to the Engineer after satisfactory completion of all services and obligations covered in this contract, including acceptance of work by the City. The release of the retainage does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from his negligence. The original Form 132, or an invoice that is acceptable to the State, and four (4) copies should be submitted directly to the City to expedite processing. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable within thirty (30) days' time. 7. Subletting. The Engineer shall not sublet or transfer any portion of the work under this contract unless specifically approved in writing by the City. Subcontractors shall comply with the provisions of this contract. All subcontracts shall be approved in writing by the City prior to the subcontractor's commencement of work. 8. Civil Rights Compliance. The Engineer shall comply with the regulation of the Department of Transportation (49CFR21 and 23CFR 710.405) as they relate to nondiscrimination; also, Executive Order 11246 titled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41CFR60). See attached "Contract Addendum (nondiscrimination)." 9. Disadvantal!:edlMinoritv Business Enterprise Requirements. The Engineer agrees to comply with the attached Special Provision. 10. Termination of Contract. The contract may be terminated by any of the following conditions: (a) By mutual agreement and consent of both parties thereto. (b) By the City by notice in writing to the Engineer as conse- quence of failure by the Engineer to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Engineer. (c) By either party, upon the failure of the other party to fulfill its obligations as set forth in the "Scope of Services." 3535 (d) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days' written notice to the Engineer. (e) By satisfactory completion of all services and obligations described herein. Should the City terminate this contract as herein provided, no fees other than fees due and payable at the time of termination, shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Payment for work at termination will be based on work completed at that time. Should the City terminate this contract under Section 10 (d), the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty days. If the Engineer defaults in performance of this contract or the city terminates the contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing work to date of default, the amount of work required which was satisfactorily complete to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work, required and the time required to do so, and other factors which affect the value to the City of the work performed at time of default. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, obligations and liabilities of the City and the Engineer under this contract. If the termination of this contract is due to the failure of the engineer to fulfill his contract obligations, the City may take over the project and prosecute the work to completion by contract or otherwise. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City thereby. 11. Disputes. Should disputes arise as to work under scope of services or additional work under this contract, they shall be resolved in accordance with Title 43, Texas Administration Code, Section 1.68. 12 Ownership of Documents. Upon completion or termination of this contract, all documents prepared by the Engineer or furnished to the Engineer by the City shall be delivered to and become the property of the City. All basic sketches, charts, calculations, plans, specifications and other data prepared under this contract shall be made available, upon request, to the City without restriction or limitation on their further use. The Engineer may, at his own expense, have copies made of the documents or any other data he has furnished the State under this contract without restriction or limitation on their further use by them. 13. Compliance with Laws. The Engineer shall comply with Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workmen's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations that are known or made available to the Engineer during the process of the work. 14. City Indemnified. The Engineer shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which result from an error, omission, or negligent act of the Engineer or of any person employed by the Engineer. 15. En2ÎDeer's WarranL The Engineer warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secuié this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or other recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 3535 16. Successors and Assigns. The City and the Engineer each binds himself, his successors, executors, administrators and assigns to the other party to this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this agreement. Neither the City nor the Engineer shall assign, sublet, or transfer his interest in this agreement without written consent of the other. 17. Enrineers Seal. The Engineer shall place his Texas Professional Engineer's seal of endorsement on all documents and engineering data prepared in the performance of this contract. 18. Inspection of Enrineers Books and Records. The City shall, for the purpose of termination of the contract prior to completion, examine the books and records of the Engineer for the purpose of checking the amount of the work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their office during the contract period and for three years from the date of final payment under the contract, for inspection by the City, the Federal Highway Administration and the U.S. Department of Transportation, Office of Inspector General. The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to any books, documents, papers and records of the Engineer which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. 19. Warranties of Sil!Ilatorv. The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above-stated representations and warranties are made for the purpose of inducting the City to enter into this contract. 20. Insurance. If the services to be provided by the Engineer, as shown in Attachment A. will involve activities which are required by the City to be covered by insurance, such as work on the right of way, the Engineer shall furnish the City a completed Certificate of Insurance provided and approved by the City prior to beginning work under this contract. 21. Gratuities. City policy mandates that employees of the City shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the City under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the City Manager. Any person doing business with or who may reasonably speaking do business with the City under this contract may not make any offer of benefits, gifts or favors to City employees, except as mentioned hereabove. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract. 22 Debarment, Suspension and Disciplinary Action. The Engineer shall comply with the attached Special Provisions, "Debarment Certification (Negotiated Contracts)." 23. Texas Franchise Tax Certification. Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the City from awarding a contract to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the Engineer hereby certifies that he is not delinquent in his Texas franchise tax payments, or that he is exempt from, or not subject to, such a tax. A false statement concerning the corporation's franchise tax status shall constitute grounds for cancellation of the contract at the sole option of the City. 3535 IN WITNESS WHEREOF, the parties to Contract for Engineering Services have signed or caused their respective names to be signed to duplicate counterparts hereof on the day of 1995. TIlE ENGINEER TIlE CITY OF NORTII RICHLAND HILLS BY: BY: Signature Title Typed Name Schrickel, Rollins and Associates, Inc. Name of Firm Title Date ATIEST: City Secretary 3535 CERTIFICATION OF CONSULTANT I hereby certify that I am the and duly authorized representative of the firm of SChrickel, Rollins and Associates, Inc., whose address is 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the City and the Federal Highway Administration, U.S. Department of Transportation, in connection with this agreement involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, SChrickel, Rollins and Associates, Inc., for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer"), agrees as follows: (1) Compliance with Rel!Ulations: The Engineer shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 710.405 (b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Engineer, with regard to the work performed by him during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405 (b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts. Indudine:Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract; including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Infonnation and Reports: The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by the City or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City or the Federal Highway Administration, as appropriate, and shall set forth what efforts he has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) Incorporation of Provisions: The Engineer shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the evel!t an Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the engineer may request the City to enter into such litigation to protect the interests of the City; and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. SPECIAL PROVISION DISADVANTAGED BUSINESS EN1ERPRISE IN FEDERAL-AID CONSULTING ENGINEERING CONIRAcrs PURPOSE. The purpose of this special Provision is to carry out the U.S. Department of Transportation's policy of supporting the fullest possible participation of firms owned and controlled by socially and economically disadvantaged individuals in U.S. Department of Transportation programs. POLICY. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises, as defined in 49 CPR Part 23, Subpart D, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CPR Part 23, Subpart D, apply to this contract as follows: a. The Engineer agrees to ensure that Disadvantaged Business Enterprises (DBE), as defined in 49 CPR Part 23, Subpart D, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Engineer shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. b. The Engineer and any subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. c.. These requirements shall be physically included in any subcontract. d. Prior to issuance of a work order to the Engineer, the City will be furnished a letter signed by an officer of the firm which specifies the name of the eligible DBE* subconsultant(s), to be used on this project, the work to be performed by the subconsultant(s), and the estimated amount of subcontract(s). PERCENTAGE GOAL. The percentage goal for Disadvantaged Business Enterprise participation in the work to be performed under this contract is a minimum 15% of the contract amount. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after notification by the City, may result in termination of the contract by the City or other such remedy as the City deems appropriate. *The City will certify the eligibility of the DBE. CERTIFICATION OF THE CITY OF NORm RlCHLAND HILLS I hereby certify that I am the of the City, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Highway Administration, U.S. Department of Transportation, in connection with this agreement involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) SPECIAL PROVISION DEBARMENT CERTIF1CATION (Negotiated Contracts) By signing this contract, the Consultant, under penalty of perjury under the laws of the United States or the State of Texas, certifies that, except as noted below, there has been no change in the Consultant's eligibility status from that shown on the "Debarment Certification (Negotiated Contracts)" on file with the City and under which the Consultant was authorized to submit a proposal for the work covered in this contract. Exceptions will not necessarily result in withdrawal of award, but will be reviewed by the Department and, if Federally-funded, by the Federal Highway Administration, and may result in rejection of the contract and/or disqualification by the Department and/or debarment and suspension of the Consultant by the Federal Highway Administration. For any exception noted, indicate below to whom it applies, initiating agency and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. EXŒPTlONS: _'___·...'_N·_'·_,~·,__W.-...___...~ Attachment A Engineering Scope of Services North Electric Trail, North RichIand Hills April 7, 1995 Scope of Project The project is the design of a trail to be located in the corridor of the T.V. Electric Easement which runs generally east and west, being the portion between S.H. 26 and the Richland High School campus. Primary design elements are the paved trail, street crossings, drainageway crossings, and minor amenity items. The design budget is $750,000. Topographic SurveyIBase Sheet Preparation 1. Aerial topographic information will be supplied by the city. 2. The Engineer will incorporate all data provided by the City of North Richland Hills, TxDOT, and utility companies into the base sheets. 3. At three locations (one at Davis Blvd., one at Calloway Branch, and one at Walker Branch) where more accurate information is required, the Engineer will survey in the field and plot topographic features for an area of approximately one acre each. (In the event that additional field surveying is required by the City or TxDOT, additional compensation will be required.) 4. Boundary information will be collected from plats and boundary surveys. (As Additional Services, where directed by the City, the boundaries of the T. U. Electric Easement will be surveyed and tied down on 'the ground.) 5. All information supplied by others and acquired by the Engineer will be compiled into base sheets. 6. Metes and bounds descriptions and exhibits of easements will be supplied if determined necessary by the City. Geotechnical Investigation At each bridge location and other locations determined necessary by the Engineer, soil investigations will be conducted by an independent Geotechnical Engineer selected by the Engineer. NRH - North Electric Trail Scope of Services 3S35 Page 1 Environmental Assessment (OMITTED - Environmental Assessment will be provided by the City of North Richland Hills.) Data GatheringlField Location of Trail The Engineer will reconnoiter the site, locate the general trail alignment in the field, identify major design elements, gather data on the site which will impact the design. Program Definition The Engineer will meet and coordinate with the Owner( s), and others as necessary, to clearly define the program which will include: Exact facility requirements Concerns about the project Maintenance considerations Access considerations Security considerations Design approaches Utilities availability Preliminary Design 1. The Engineer will prepare trail design documents consisting of the preliminary layout and grading schemes as necessary. The program will be finalized. 2. Meeting: City staff will review the trail plans, make recommendations, and approve the final program. 3. The Engineer shall revise the trail design to meet City staff recommendations and shall prepare a cost estimate. 4. Meeting: Present the recommended trail design and cost estimate to City staff. 5. The construction design budget will be developed from construction cost estimates provided by the Engineer during the preliminary design phase. Prior to beginning the construction documents phase, the City will choose a final construction design budget which includes the required improvements for the trail, bridges añd street crossings. Additional improvements will be chosen based on the construction estimates. It is understood that the bidding documents will be structured so that the Owner may award one contract for the base bid within the available funds of the construction contract budget. NRH - North Electric Trail Scope of Services 3535 Page 2 Geometric Design / Trail Plan 1. The Engineer will plot accurately on the original plan sheets all pertinent existing features indicated by the field surveying. Those portions of the drafting work elected by the Engineer to be done on computer-aided design facilities shall conform to the format and drafting standards required by TxDOT. 2. The initial trail alignment which was developed by the Engineer will be shown on the plan. The greater part of the proposed trail will be laid out in areas having relatively flat or gently sloping gradients. Surveyed profiles and plan-profile design sheets will not be provided by the Engineer for such areas. Detailed construction notes addressing vertical and horizontal controls for typical situations will be clearly stated by the Engineer on the plan sheets and details. In most cases, vertical control for the trail will amount to instructions for the contractor to closely match existing grades. 3. The Engineer will plot the plan view of the locations of proposed pavement and drainage structures. At bridges, culverts and special terrain situations identified by the Engineer, proposed vertical alignment will be shown in profile. 4. Where identified by the Engineer as necessary for the design, the Engineer will provide cross sections describing certain portions of the proposed improvements within the right-of-way. The cross sections will typically be given at fifty foot (50') intervals. 5. The Engineer will locate and size drainage structures necessary to construct the project. 6. Upon completion of the trail plan, the Engineer will thoroughly check the plans for accuracy and correctness and prepare a preliminary construction estimate. 7. Upon completion of the Engineer's field check, the Engineer will deliver two sets of the plans to the City for review. Detail Design 1. The Engineer will prepare details and/or typical sections as may be required by the project. In special terrain situations identified by the Engineer where cross sections may be necessary, the plans shall show existing specimen trees eight inches (8") and greater in diameter, fifteen feet (15') each side of centerline and contourš at one foot (1') intervals in the survey area. 2. The Engineer will provide detail design of all site amenities and amenity areas in plan or elevation in a manner appropriate to the item. NRH - North Electric Trail Scope of Services 3535 Page 3 Compute Quantities, Plans Estimate, Specifications, General Notes, Etc. 1. The Engineer will prepare a list of construction bid items, compute estimated quantities, and develop for basis of estimation. The estimated cost of construction will be computed based on current unit prices and estimated quantities. 2. General notes specifications, and special provisions which are applicable to the project will be provided by the Engineer. Construction Schedule The Engineer will prepare a detailed flow chart of the construction schedule to determine the approximate time (working days), based on the TxDOT standard definition of a working day, required for construction of the project. Construction Phase The Engineer will attend the preconstruction conference and, during construction, will meet with and advise the TxDOT Construction Inspector at appropriate times to ensure compliance with the intent of the plans. Site observation visits will total not less than four nor more than six. Additional Services The Engineer will provide services not identified in this scope of services upon receipt of authorization from the City of North Richland HilIs. Additional Services will be provided on an hourly rate basis with a mutualIy agreed "not to exceed" total. Such Additional Services may include the folIowing or other services: 1. Design: A. Design of facilities beyond the original scope and/or budget identified in the description of services. B. Additional surveying beyond that identified in the scope of Basic Services. C. Establishment of the boundary lines. D. Design of Signalization Systems and/or traffic studies relating to Davis Blvd., Holiday Lane or S.H. 26. E. Representation in arbitration, mediation, litigation, depositions, or similar legal processes. NRH - North Electric Trail Scope of Services 3535 Page 4 F. Public meetings/presentations. 2. Construction: A. Preparation of Change Orders as required which expand the original scope of services. NRH - North Electric Trail Scope of Services 3535 Page 5 Project Team Percent of Fee ENGINEER: Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 82% *GEOTECHNICAL ENGINEER: Terra-Mar, Inc. 2679 Lombardy Lane Dallas, Texas 75220 9% *SURVEYOR: Gorrondona & Associates, Inc. 6737 Brentwood Stair Rd., Suite 224 Fort Worth, Texas 76112 6% *ELECfRICAL ENGINEER: H.G.E. Inc Hector Gomez Engineers 11520 N. Central Expressway, Suite 228 Dallas, Texas 75243-6608 STRUCfURAL ENGINEER Core Group, Inc. 17130 N. Dallas Parkway Suite 220 Dallas, Texas 75248 2% 2% D.B.E. Participation ± 17% *D.B.E. NRH - North Electric Trail Scope of Services 3535 Page 6 Attachment C Compensation North Electric Trail, North Richland Hills April 7, 1995 Compensation to the Engineer shall be as follows: Topographic Survey!Base Sheet Preparation (reduced scope) Allowance, not to exceed ............. $12,200 Geotechnical Investigations Allowance, not to exceed . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7,500 Environmental Assessment (omitted) . . . . . . . . . . . . . . . . . . .. 0 Trail Design & Engineering, Lump Sum . . . . . . . . . . . " 60,800 Construction Observation, Hourly Charges, approximate. ............................. 3,500 Reimbursable Expenses, approximate . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3,000 TOTAL $87,000 NRH - North Electric Trail Compensation 3535 Page 1 ,. ,. .... ,.._.-...._._-,-----~~-"-~ Attachment B Project Schedule North Electric Trail, North Richland Hills April 7, 1995 1. April 12, 1995 2. April 28, 1995 3. May 8, 1995 4. May 15, 1995 5. June 15, 1995 6. July 1, 1995 7. September 29, 1995 8. November 1, 1995 9. March 1, 1996 10. March 29, 1996 11. May 31, 1996 - City complete the service contract between the City and SRA. - TxDOT approve the service contract between the City and SRA. - City Council approve the service contract between the City and SRA. - City and SRA execute service contract. - City and SRA complete the program definition. - SRA complete data collection. - SRA complete preliminary plan and construction budget/cost. - City and TxDOT approve preliminary plans and construction budget/cost. - SRA submit construction plans and specifications to the City. - City/SRA submit construction plans and specifications to TxDOT for approval/comment. - SRA complete revisions to construction plans and specifications and deliver to City. 12. July 1, 1996 - City deliver construction plans and specifications to TxDOT. 13. December 1, 1996 - Contract bidding (letting date) and award contract. 14. February 1, 1997 - Begin construction. 15. November 1, 1997 - Complete construction (9 months). NRH - North Electric Trail 3535 Project Schedule Page 1 ,- . CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 06-26-95 Professional Services Contract - Materials Testing for Subject: Green Valley Park Construction Agenda Number: GN95-85 The attached agreement, in the amount of $13,000, is for materials testing, including soil density compaction and concrete testing. This agreement was negotiated with Huntingdon SW Laboratories to provide these professional services for Green Valley Park. Recommendation: It is recommended the City Council approve the attached agreement. --.. Finance Review Source of Funds: 09-92-15-6000 Bonds (GO/Rev.) Operating Budget _ , / '-- Other . r / ---........ I/ß JT/ - ~. Department Head Signature CITY COUNCIL ACTION "EM FlMnC8 Director Page 1 of AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between City of North Richland Hills hereinafter called CLIENT and SOUTHWESTERN LABORATORIES, INC. hereinafter called SwL, who agree as follows: 1. DECLARATIONS. CLIENT desires to engage SwL to provide services in connection with CLIENT's project ("THE PROJECT") described as follows: Green Va 11 ey Commun i ty Pa rk 2. SCOPE OF WORK. SwL shall provide services for THE PROJECT in accordance with the accompanying proposed "scope of services" made a part hereof as Exhibit "N', and "terms and conditions" as set forth in the following Articles and made a part of this Agreement. 3. FEE. SwL has submitted a fee schedule to CLIENT, a copy of which is attached hereto and made part hereof as Exhibit "B" for such services, which fee schedule is acceptable to CLIENT. 4. CLIENT DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS ATTHE PROJECT. - Client warrants to SwL that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials which exist at THE PROJECT are as follows: Client acknowledges and confirms that SwL is relying upon the above warranties in undertaking to perform the services described in this Agreement. EXECUTED THIS day of By ,19_ I~~ Southwestern lAboratories, Inc. Kemp E. Akeman TERMS AND CONDITIONS TO AGREEMENT By Title Manaqer-Fort Worth Office Title ARTICLE 1. SERVICES: SwL will: 1.1 Provide only those services that, in the opinion of SwL, lie within the technical or professional areas of expertise of SwL and which SwL is adequately staffed and equipped to perfonn. 1. 2 Perfonn all techmcal services under toe general direction of a licensed Engineer and in substantial accordance with the basic requirements of the appropriate Standards of the American Society for Testing and Materials, where applicable, or other Standards designated in writing by CLIENT. 1.3 Promptly submit fonnal reports of all tests, inspections and services perfonned indicating, where applicable, compliance with THE PROJECT specifications or other contract documents. Such reports shall be complete and factual, citing the tests perfonned, methods employed, values obtained, and parts of the Structure or THE PROJECT area involved. 1.4 Utilize testing equipment which has been calibrated according to individuaIly applicable Standards and, upon request, submit to CLIENT, or his authorized representative, documentation of such calibration. 1.5 Consider all reports to be the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies specificaIly designated in writing by CLIENT or his authorized representative. 1.6 Retain all pertinent records relating to the services perfonned for a period of five years following submission of the report, during which period the records will be made available to CLIENT at all reasonable times. ARTICLE 2. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized representative will: 2.1 Provide SwL with all plans, specifications, addenda, change orders, approved shop drawings and other infonnation for the proper perfonnance of SwL. 2.2 Issue authorization in writing, giving SwL free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or finn to act as CLIENT's representatives with respect to SwL's services to be perfonned under this Agreement and to be promptly notified by SwL when it appears that materials tested or inspected are in noncompliance. Such persons or firm to have complete authority to transmit instructions, receive infonnation and data, interpret and define CLIENT's policies and decisions with respect to THE PROJECT; to take action to prevent irrevocable entry of those materials in noncompliance until the issue at question can be resolved; and to order, at CLIENT's expense, such technical services as may be requested of SwL. 1089032 ----- --- ------------ - --- --~---~- 2.3 Designate in writing those persons or firm to act as CLIENT's representatives with respect to SwI:s services to be performed under this Agreement and to be promptly notified by SwL when it appears that materials tested or inspected are in noncompliance. Such persons or firm to have complete authority to transmit instructions, receive information and data, interpret and define CLIENTs policies and decisions with respect to THE PROJECT; to take action to prevent irrevocable entry of those materials in noncompliance until the issue at question can be resolved; and to order, at CLIENT's expense, such technical services as may be requested of SwL. 2.4 Advise SwL sufficiently in advance of any operations so as to allow for assignment of personnel by SwL for completion of the required services. Such advance notice shall be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Secure and deliver to SwL, without cost to SwL, preliminary representative samples of those materials he proposes to use which require testing, together with any relevant data of the materials. (b) Furnish such casual labor and all facilities needed by SwL to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests. (c) Provide and maintain for the use of SwL, adequate space at THE PROJECT for safe storage of equipment and proper curing of test specimens which must remain on THE PROJECT site prior to testing. ARTICLE 3. GENERAL CONDITIONS: 3.1 SwL, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authoßties with regard to THE PROJECT which, by custom or contract are vested in THE PROJECT architects, design engineers, or any other iIesign agencies or authorities. 3.2 SwL is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. SwL shall not have the right of rejection or the right to stop the work, except for such periods as may be required to conduct the sampling, testing, or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING: CLIENT agrees that SwL will be expected to make on-site observations appropriate to the construction stage. The CLIENT further agrees that SwL will not assume responsibility for the contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by SwL will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. The words "inspection" or "control" are used to mean periodic observation of the work and the conduction of tests by SwL to verify substantial compliance with the plans, specifications and design concepts. Continuous monitoring by our employees does not mean that SwL is approving placement of materials. ARTICLE 5. STANDARD OF CARE AND WARRANTY: Services performed by SwL will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, either expressed or implied, is made or intended by our proposal, contract, or reports. SwL will not be responsible for the interpretation or use by others of data developed by SwL. ARTICLE 6. SAFETY: CLIENT agrees that, in accordance with the generally accepted construction practice, the general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and compliance with all municipal, state, and federal regulations including OSHA. The duty of SwL in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Contractor's safety measures in, on, or near THE PROJECT site. '- ARTICLE 7. INSURANCE: SwL shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Worker's Compensation Acts and from claims for bodily injury, death or property damage as may arise from the performance of services under this Agreement. SwL will, upon reqùest. file certification of such insurance coverage with CLIENT or his authorized representative. Within the limits and conditions of such insurance, SwL agrees to indemnify and save CLIENT harmless from and against any loss, damage, or liability arising from any negligent work by SwL, its agents. staff and consultants employed by it. SwL shall not be responsible and CLIENT shall indemnify SwL for and defend SwL from, any claim, loss, damage or liability arising from any negligent acts by CLIENT, its agents, staff, and other consultants employed by it. ARTICLE 8. LIMITATION OF LIABILITY: For any damage, cost, expenses, or other liability, direct or indirect, resulting from any error, omission, or professional negligence in the performance of SwI:s services, the liability of SwL, its employees, agents, officers, and consultants to all claimants with respect to THE PROJECT will be limited to an aggregate sum not to exceed $50,000 or SwI:s total fee for the services rendered on THE PROJECT, whichever is greater. ARTICLE 9. INVOICES AND PAYMENT: SwL will submit progress invoices to CLIENT monthly and final invoice upon completion of services. Each invoice, on presentation, is due and payable by CLIENT or his authorized representative. Payment is past due 30 days from invoice date. CLIENT agrees to pay interest of one and one-half percent (1V2%) per month, on past due accounts. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. ARTICLE 10. EXTENT OF AGREEMENT: The Agreement, including these terms and conditions, represents the entire agreement between CLIENT and SwL and supersedes all prior negotiation, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by CLIENT and SwL. Should any conflict occur between these terms and conditions and the Agreement, it is understood that these terms and conditions shall be controlling. ARTICLE n. APPLICABLE LAW: The Agreement shall be governed by the laws of the State of Texas. AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between City of North Rich1and Hills hereinafter called CLIENT and SOUTHWESTERN LABORATORIES, INC. hereinafter called SwL, who agree as follows: 1. DECLARATIONS. CLIENT desires to engage SwL to provide services in connection with CLIENT's project ("THE PROJECT") described as follows: Green Va 11 ey Commun i ty Pa rk (Proposa 1 95034) 2. SCOPE OF WORK. SwL shall provide services for THE PROJECT in accordance with the accompanying proposed "scope of services" made a part hereof as Exhibit "A", and "terms and conditions" as set forth in the following Articles and made a part of this Agreement. 3. FEE. SwL has submitted a fee schedule to CLIENT, a copy of which is attached hereto and made part hereof as Exhibit "B" for such services, which fee schedule is acceptable to CLIENT. 4. CLIENT DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS ATTHE PROJECT. - Client warrants to SwL that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials which exist at THE PROJECT are as follows: Client acknowledges and confirms that SwL is relying upon the above perform the services described in this Agreement. EXECUTED THIS 25 th day of May By warranties in undertaking to 1995 , - Cjient r ~ " /C-_~ Southwestern lAboratories, Inc. Kemp E. Akeman TERMS AND CONDITIONS TO AGREEMENT Title By Manager-Fort Worth Office . Title ARTICLE 1. SERVICES: SwL will: 1.1 Provide only those services that, in the opinion of SwL, lie within the technical or professional areas of expertise of SwL and which SwL is adequately staffed and equipped to perform. 1.2 Perform all technical services under tne general direction of a licensed Engineer and in substantial accordance with the basic requirements of the appropriate Standards of the American Society for Testing and Materials, where applicable, or other Standards designated in writing by CLIENT. 1.3 Promptly submit formal reports of all tests, inspections and services performed indicating, where applicable, compliance with THE PROJECT specifications or other contract documents. Such reports shall be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure or THE PROJECT area involved. 1.4 Utilize testing equipment which has been calibrated according to individually applicable Standards and, upon request, submit to CLIENT, or his authorized representative, documentation of such calibration. 1.5 Consider all reports to be the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies specifically designated in writing by CLIENT or his authorized representative. 1.6 Retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to CLIENT at all reasonable times. ARTICLE 2. CLIENT'S RESPONSIBILITIES: CLIENT or his authorized representative will: 2.1 Provide SwL with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of SwL. 2.2 Issue authorization in writing, giving SwL free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firm to act as CLIENT's representatives with respect to SwL's services to be performed under this Agreement and to be promptly notified by SwL when it appears that materials tested or inspected are in noncompliance. Such persons or firm to have complete authority to transmit instructions, receive information and data, interpret and define CLIENT's policies and decisions with respect to THE PROJECT; to take action to prevent irrevocable entry of those materials in noncompliance until the issue at question can be resolved; and to order, at CLIENT's expense, such technical services as may be requested of SwL. 1069032 2.3 Designate in writing those persons or firm to act as CLIENT's representatives with respect to Sw£:s services to be performed under this Agreement and to be promptly notified by SwL when it appears that materials tested or inspected are in noncompliance. Such persons or firm to have complete authority to transmit instructions, receive information and data, interpret and define CLIENT's policies and decisions with respect to THE PROJECT; to take action to prevent irrevocable entry of those materials in noncompliance until the issue at question can be resolved; and to order, at CLIENT's expense, such technical services as may be requested of SwL. 2.4 Advise SwL sufficiently in advance of any operations so as to allow for assignment of personnel by SwL for completion of the required services. Such advance notice shall be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Secure and deliver to SwL, without cost to SwL, preliminary representative samples of those materials he proposes to use which require testing, together with any relevant data of the materials. (b) Furnish such casual labor and all facilities needed by SwL to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests. (c) Provide and maintain for the use of SwL, adequate space at THE PROJECT for safe storage of equipment and proper curing of test specimens which must remain on THE PROJECT site prior to testing. ARTICLE 3. GENERAL CONDITIONS: 3.1 SwL, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or autho,rities with regard to THE PROJECT which, by custom or contract are vested in THE PROJECT architects, design engineers, or any other ·aesign agencies or authorities. 3.2 SwL is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work, unless specifically authorized in writing by CLIENT or his authorized representative. SwL shall not have the right of rejection or the right to stop the work, except for such periods as may be required to conduct the sampling, testing, or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING: CLIENT agrees that SwL will be expected to make on-site observations appropriate to the construction stage. The CLIENT further agrees that SwL will not assume responsibility for the contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by SwL will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. The words "inspection" or "control" are used to mean periodic observation of the work and the conduction of tests by SwL to verify substantial compliance with the plans, specifications and design concepts. Continuous monitoring by our employees does not mean that SwL is approving placement of materials. ARTICLE 5. STANDARD OF CARE AND WARRANTY: Services performed by SwL will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, either expressed or implied, is made or intended by our proposal, contract, or reports. SwL will not be responsible for the interpretation or use by others of data developed by SwL. ARTICLE 6. SAFETY: CLIENT agrees that, in accordance with the generally accepted construction practice, the general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work. and compliance with all municipal, state, and federal regulations including OSHA. The duty of SwL in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Contractor's safety measures in, on, or near THE PROJECT site. -./ ARTICLE 7. INSURANCE: SwL shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Worker's Compensation Acts and from claims for ~odily injury, death or property damage as may arise from the performance of services under this Agreement. SwL will, upon request, file certification of such insurance coverage with CLIENT or his authorized representative. Within the limits and conditions of such insurance, SwL agrees to indemnify and save CLIENT harmless from and against any loss, damage, or liability arising from any negligent work by SwL, its agents, staff and consultants employed by it. SwL shall not be responsible and CLIENT shall indemnify SwL for and defend SwL from. any claim, loss, damage or liability arising from any negligent acts by CLIENT, its agents, staff, and other consultants employed by it. ARTICLE 8. LIMITATION OF LIABILITY: For any damage, cost, expenses, or other liability, direct or indirect, resulting from any error, omission, or professional negligence in the performance of Sw£:s services, the liability of SwL, its employees, agents, officers, and consultants to all claimants with respect to THE PROJECT will be limited to an aggregate sum not to exceed $50,000 or Sw£:s total fee for the services rendered on THE PROJECT, whichever is greater. ARTICLE 9. INVOICES AND PAYMENT: SwL will submit progress invoices to CLIENT monthly and final invoice upon completion of services. Each invoice, on presentation, is due and payable by CLIENT or his authorized representative. Payment is past due 30 days from invoice date. CLIENT agrees to pay interest of one and one-half percent (lV2%) per month, on past due accounts. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. ARTICLE 10. EXTENT OF AGREEMENT: The Agreement, including these terms and conditions, represents the entire agreement between CLIENT and SwL and supersedes all prior negotiation, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by CLIENT and SwL. Should any conflict occur between these terms and conditions and the Agreement, it is understood that these terms and conditions shall be controlling. ARTICLE 11. APPLICABLE LAW: The Agreement shall be governed by the laws of the State of Texas. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6/26/95 Subject: Extension of Audit Contract Agenda Number: ~N ~f)-R7 The Audit Contract with KPMG Peat Marwick concluded with the September 30, 1994 Comprehensive Annual Audit. The City of North Richland Hills has retained KPMG Peat Marwick since 1981 to conduct its annual audits and any special audits that are required of the City. They have been very thorough auditors and cooperative to work with. Periodically public agencies rotate independent auditors and that may be something Council would like to discuss. However in view of the situation of hiring a new Finance Director before long and also having a major new Aquatic Park Enterprise Fund, it is suggested that KPMG Peat Marwick be retained for the audit ending September 30, 1995. In February, 1996 Council and Staff could then discuss whether to continue the contract with KPMG Peat Marwick beyond the extended time or solicit proposals from other audit firms. Attached is an engagement letter from KPMG to conduct the annual audit for the City of North Richland Hills for the fiscal year ending September 30, 1995 at a fee of $41,200. This is an increase of 3.2% above their existing fee. The proposed engagement letter also authorizes them to conduct the single audits for the City for Federal Grants should single audits be required. This would be negotiated with the City Manager. We anticipate that we will have to have a single audit on a couple of grants that we ~ have received. Recommendation: It is recommended that the audit contract be extended for an additional one fiscal year, as outlined above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ .'-.- Other _ Acct. Number Sufficient Funds Available Finance Director Page 1 of "'Peat Marwick LLP 2500 City Center Tower II 301 Commerce Street Fort Worth, TX 76102 Telephone 817 335 2655 Telefax 817 332 1350 June 19, 1995 City of North Richland Hills, Texas Mayor and City Council 7301 N. E. Loop 820 North Richland Hills, Texas Members of the Council: This letter will confirm our understanding of our reengagement to report upon our audit of The City of North Richland Hills, Texas' general purpose financial statements as of and for the year ended September 30, 1995 and the nature and scope of the services we will provide in accordance with OMB Circular A-128, if a single audit is required. Financial Statement Audit We will conduct our audit of the financial statements in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The objective of an audit carried out in accordance with such standards is the expression of our opinion concerning whether the financial statements, taken as a whole, are presented fairly, in all material respects, in conformity with generally accepted accounting principles. The management of the the City has responsibility for the financial statements and all representations contained therein. Management also has responsibility for the adoption of sound accounting policies and the implementation of record keeping to maintain the reliability of the financial statements. In conducting the audit, we will perform tests of the accounting records and such other procedures as we consider necessary in the circumstances to provide a reasonable basis for our opinion on the general purpose financial statements. We also will assess the accounting principles used and significant estimates made by management, as well as evaluate the overall financial statement presentation. The management of the City is responsible for establishing and maintaining an internal control structure. To fulfill this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs for internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions, or that the effectiveness of the' design and operation of policies and procedures may deteriorate. .... Membe, F;,m of Klynveld Pe:!! Matwick Goerdele¡ "JllJ Peat Marwick LLP The City of North Richland Hills June 19, 1995 Page 2 As part of our audit, we will consider the organization's internal control structure and assess control risk, as required by generally accepted auditing standards for the purpose of establishing a basis for determining the nature, timing and extent of auditing procedures necessary for expressing our opinion concerning the financial statements and not to provide assurance on the internal control structure. Our consideration of internal controls performed as part of the financial statement audit contributes to the evidence supporting our opinion on the financial statements; however, it does not provide a basis for opining on the internal control structure. The limited purposes of this consideration may not meet the needs of some users who require additional information on the internal control structure. We will prepare a written report on our understanding of the City's internal control structure and the assessment of control risk made as part of the financial statement audit. Our report will include (1) the scope of our work in obtaining an understanding of the internal control structure and in assessing control risk, and (2) the reportable conditions, including the identification of material weaknesses, identified as a result of our work in understanding and assessing the control risk for the financial statement audit. An audit is designed to provide reasonable assurance about whether the financial statements are free of material misstatement. Our audit will include procedures, designed to provide reasonable assurance of detecting errors and irregularities that are material to the financial statements. As you are aware, however, there are inherent limitations in the auditing process. For example, audits are based on the concept of selective testing of the data being examined and are, therefore, subject to the limitations that such matters, if they exist, may not be detected. Also, because of the characteristics of irregularities, including attempts at concealment through collusion and forgery, a properly designed and executed audit may not detect a material irregularity. Compliance with laws, regulations, contracts and grants applicable to the City is the responsibility ot the City's management. In performing our audit, we will be aware of the possibility that illegal acts or noncompliance may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts or noncompliance generally will be detected and only reasonable assurance that illegal acts or noncompliance having a direct and material effect on the determination of financial statement amounts will be detected. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts and grants. However, our objective is not to provide an opinion on overall compliance with such provisions. We will prepare a written report on the results of our tests of compliance with applicable laws and regulations. In summary, under these standards, we will issue reports addressed to the City Council for the year ended September 30, 1995 as follows: · A report on the general purpose financial statements; · A report on the internal control structure based on an audit of the general purpose financial statements performed in accordance with Government Auditing Standards; · A report on compliance based on an audit of general purpose financial statements performed in accordance with Government Auditing Standards. ~M~ Peat Marwick LLP The City of North Richland Hills June 19, 1995 Page 3 OMB Circular A-128 We will also perform auditing procedures on the City's federal financial assistance programs in accordance with the provisions of OMB Circular A-128, Audits of State and Local Governments. OMB Circular A-128 includes specific audit requirements, mainly in the areas of the internal control structure and compliance with laws and regulations, that exceed those required by Government Auditing Standards. As part of our auditing procedures perfonned in accordance with the provisions of OMB Circular A-128, we will perfonn tests of controls to evaluate the effectiveness of the design and operation of internal control policies and procedures that we consider relevant to preventing or detecting material noncompliance with laws and regulations applicable to each of the organization's major programs and report the results to you. The tests of internal controls perfonned in accordance with OMB Circular A-128 are less in scope than would be necessary to render an opinion on the internal control structure. The limited purpose of these tests may not meet the needs of some users of audit reports who require additional infonnation on the internal control structure. Compliance with laws, regulations, contracts and grants that govern financial assistance programs is the responsibility of management. We will perform the tests of the City's compliance with certain specific provisions of laws, regulations, contracts and grants we detennine to be necessary based on OMB's Compliance Supplement for Audits of State and Local Governments (Compliance Supplement) and report whether in our opinion the organization complied, in all material respects, with the laws and regulations applicable to its major federal financial assistance programs. The procedures outlined in the Compliance Supplement are those suggested by each federal agency and do not cover all areas of regulations governing each program. Program reviews by federal agencies may identify additional instances of noncompliance. With regard to general requirements, our report on compliance will contain a statement of positive assurance on those items that were tested and negative assurance on those items not tested. In summary, in accordance with OMB Circular A-128, we will issue reports addressed to the City Council for the year ended September 30, 1995 as follows: · A report on the supplementary schedule of the City's federal financial assistance programs; · A report on the internal control structure used in administering federal financial assistance programs; · A report on compliance with general requirements applicable to federal financial assistance programs; · A report on compliance with specific requirements applicable to major federal financial assistance programs, if necessary; and · A report on compliance with specific requirements applicable to nonmajor federal financial assistance program transactions, if necessary. ~,,!! Peat Marwick LLP The City of North Richland Hills June 19, 1995 Page 4 Other Available Assurance Services KPMG can provide other services to provide you with additional assurance on internal controls and compliance with laws and regulations. We would be happy to discuss additional infonnation about these services. Other Engagement Issues The City agrees that all records, documentation, and infonnation we request in connection with our audit will be made available to us, that all material infonnation will be disclosed to us, and that we will have the full cooperation of the City's personnel. As required by generally accepted auditing standards, we will make specific inquiries of management about the representations embodied in the financial statements, the effectiveness of the internal control structure and the City's compliance with certain laws and regulations, and obtain a representation letter from management about these matters. The responses to our inquiries, the written representations, and the results of audit tests comprise the evidential matter we will rely upon in fonning an opinion on the financial statements. Because of the importance of management's representations to the effective perfonnance of our services, the City will release KPMG Peat Marwick LLP and its personnel from any claims, liabilities, costs, and expenses relating to our services under this letter attributable to any misrepresentations in the representation letter referred to above. It is our responsibility to ensure that the City Council is infonned of any significant illegal acts that we become aware of during our audit. If the illegal act involves funds from governmental entities, it is the City's responsibility to infonn the governmental entities of these acts. If the City's management and City Council are involved in the illegal act or do not report it to the appropriate governmental entities on a timely basis, we, as auditors, will be obligated to report the illegal acts to these governmental entities. For your information, we have attached a copy of KPMG Peat Marwick LLP's most recent Peer Review Report. We understand that our reports on internal control structure as part of the financial audit and on compliance with laws and regulations are intended for the information of the City Council, management, and others within the City and specified regulatory agencies. It should be understood the work papers for the engagement are the property of KPMG Peat Marwick LLP and constitute confidential information. However, pursuant to Government Auditing Standards, we are required to make certain work papers available to federal regulatory agencies upon request for their reviews of audit quality and use by their auditors. Access to the requested work papers will be provided to the regulators under supervision of KPMG personnel. Costs incurred to comply with any such requests to review our work papers will be billed directly to you. Our fees for the general purpose financial statement audit will be $41,200 which is substantially the same as the fee charged for the 1994 audit adjusted for the increase in CPI. The above fee estimate is contingent upon the books and records of the aquatic park being kept on the accrual basis and minimal audit adjustments are required. Additionally, effective internal controls must be in place at the aquatic park. Circumstances encountered during the conduct of the audit that warrant additional time or expense could cause us to be unable to complete the audit within the above estimates. We will endeavor to notify you of any such circumstances as they are assessed. '''1 Peat Marwick LLP The City of North Richland Hills June 19, 1995 Page 5 The above fee is based on the assumption that your personnel will prepare confirmations and workpapers as they are requested during the annual audit and will provide such other assistance as considered necessary to complete the audit in an orderly and efficient manner. Our fees for special or nonrecurring services, such as special reports in connection with the issuance of any new bonds; special consultations; and report printing will be billed separately. It is our practice to submit bills to you as the work progresses. Our fee for a single audit will depend upon the amount of federal financial assistance received by the City and will be negotiated between the City Manager and KPMG. We would be pleased to discuss this letter with you at any time. For your convenience in confirming these arrangements, we enclose a copy of this letter. Please sign and return it to us. We appreciate the business relationship that we have had for the past several years with the City of North Richland Hills and sincerely wish to continue to serve as your auditors. Very truly yours, KPMG Peat Marwick LLP ~f{~rtn:f ~ WH:SH Encl. ACCEPTED The City of North Richland Hills Authorized Signature Title Date CITY OF NORTH RICHLAND HILLS Department: Public Works , . Council Meeting Date: Approve Purchase of Right~'?t.~~_~y to ~!!~_LJ! E. and Subject: Jerrÿ-R. Gõrdon - Green Valley Drive Widening Profect Agenda Number: 6/26/95 PU 95-39 Right-of-Way has been acquired from Arthur E. And Jerry R. Gordon for the Green Valley Drive Widening Project. Total compensation to be paid is as follows: Land Value (7,949 square feet at $0.63/square foot) Fence Replacement Cost Mail Box Temporary Construction Easement Total Compensation $ 5,000.00 5,000.00 25.00 120.0Q $10,145.00 Less Delinquent Property Taxes due Tarrant County <1.195.91> Net Compensation $ 8.949.09 Recommendation: Staff recommends Council approve payment of $8,949.09 to Arthur E. and Jerry R. Gordon for purchase of right-of-way for the Green Valley Drive Widening Project and payment of $1,195.91 to Tarrant County Tax Assessor/Collector for delinquent property taxes. Finance Review Source of Funds: Bonds (GO/Rev.) ',- Operating Budget _ Oth r Acct. Number \ 20-25-20-6000 : Sufficient Funds Available FlMnCII OnClot i nt Head Signature cn-y COUNCIL ACTION ITEM ~o Ii i . ~~~ ~ ä I j -~._- 11- ~ \V\s _------ I '""2.~~ _-- ~(l'\ .- (l'c o ( ~ I ¡2~ I ". ~<~ ¡ I ~I ~.~.- I) 'I :f ~s~ã £ : 1 s Is I !L ,." 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" "i' k a ~. _~" I II ;"':; >h" ~¡ IA ¡:il ~ ;¡¡ !.a ~ 0-11 - .~~._ - ~ L _ .... ~ ¡~:. ~~~¡¡ i'" ,A., .:"!~ ·f' :! ~ "" -r. . L - IVE ,,11 ~i.. I(' I 5!~; JE¡,® ~.;¡¡r,.. ;; Øe - EI .1, ...;.;. PM ¡¡. EMBER OAKS DR liEI <Ð ;;.~r~ ~ ~ v: U I "~J 1111 :1' A ~I!. .......... ....- ~. I '1 "~~ jj II~ ~ I · == a: '4:\J <D-z.-f- ~ . ~ l::-r "!! -z....-- i! W, N v . __....... ! ~I ~ -:;-.!¡ I I'~ ~--------... ,,' ~ I~N I ¡- ..~o ll ~¡ = iil. I~a t r:4;J ~~!a ..~ ~ ~ § ~ !~~i~® § E;!~! iJ:I!~2=1h11 ::d~"§ ~: i ~;r ~l~ -z...-:li:.il<Ð ~!ri:;! 5 ill .. ~~~::.¡ <eJ J. .' ,~. ::...J! _ i a lloeI ~. · ~~ aa ~. --.... b -.f.cLOVERLE F DRIVE . N § a . -.. _ ~ . ,,-.......... ~. i -"- - - ;i!:-- ....·1 I' ...- T - Wõñõ'ï II 1 ~.. ~ · 6:' ,,:.11 :ÞI ¡]..l!:; I!I ~ e~ :! ~~fo .u;; ¡ ,,~ ~II:: ~j~·I¡ ~!. ¡g¡ ':1: ~ _1.-.1_____, n_ IlliG) g~!:s~ " ¡ 1-....... "1 ¡¡' ....-;-! " ..- Ii_ ,~~ , ~-;.~ ," ,- ¡:¡ 'I!' _'h II j~:-;~ ~ ;" rj !~ _ t:§ ~fl:; ~~!:> ~fi! ;SI~~~I~I~ :~I ~; ~ ~:J~~ ~~. @/p II II~ I ai ~ z i '~~~~]:I I~I I .. ~ . -'- -~-¡ ii!:- ~ § ~Š~ o i~! 6 ~j¡~; ~J:~ @ ~Jl rJ~j ~ ~ ~~~ . if-: ~~J~~ ¡de ~I ~ a e :119 i! ":!~ Iii ;¡I~¡,I/I 4'-j ii- I -·~-,¡_--íi:!~~~: ~ ~ o Ii! ~:!~ 0 ~ ~J- ~ I ~ ~i: ~~~h. !' @:de ~:.I d Iii - · f I. a ~ ~ , ·i~11 ...~.... 2: _.... -L-- _ _" ... ,... I ------ ..........,,;:;.....:J ; -;AVlS BOULEVARD _~w. - - - - - (111',0._) ~,.,r. ..:r!i ~~ii I I , __J--- .. ,~ !I :~ =~ " ,~ ;¡ ~ ~i r -~ :,0; ~ »»-)ql.ll ~~d J~"i 12 ~ ~- ---~~~- ------¡¡¡¡¡;;;¡-..ã..-- CITY Of NORTH RICHLAND IDLLS, TEXAS RIGHT-Of-WAY STATE OF TEXAS COUNTY Of TARRANT KNOW ALL ME BY THESE PRESENTS That we, Arthur E. Gordon and wife, Jerry R. Gordon, as Seller, for and in consideration of the agreed purchase price ofTEN THOUSAND ONE HUNDRED AND FORTY-FIVE DOLLARS AND NOIlOO ($10,145.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland HiJIs, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland HiJIs and its successors and assigns forever. . Executed this the {).. OJ). day of ~ . A.D., 1995. adi~ é /~ Arthur E. Gordon ~~_.~/-J~I Jerry R. Gordon SELLER (S) ADDRESS Of GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATE OF TEXAS I COUNTY Of TARRANT I This instrument was acknowledged before me on c!)e ¿ day of 1'vt ~ . 1995 by Arthur E. Gordon and wife, Jerry R. Gordon. Notary Public, State of Texas ~~.. - "... . -.... ., " . ~ ~~¡''t''~~' LO\nfL Kr.NNEDY , . . My ComnusslOn Explres.;f'¡;~: COMMISSION EXPIRES otary's Pnnted Name. '~,~1.1~.~ JUNE 9.1997 ,- c¡- 77 L3;~~r, '-01,.1($ L. 1('e:.v.u~lJ y Page 1 of 1 KEF NO. 3-372, PARCEL NO.1 CITY OF NORTH RICHLAND HILLS GREEN VALLEY DRNE STREET AND DRAINAGE IM:PROVE~!ENTS EXHIBIT "A" PERMANENT STREET RIGHT-OF-WAY S. RICHARDSON SURVEY, A-1266 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the S. Richardson Survey, Abstract No. 1266, said strip being out of two tracts of land conveyed to Arthur E. Gordon and Jerry R. Gordon by deed as recorded in Volume 9349, Page 774 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and the other tract being conveyed by deed as recorded in Volume 7116, Page 1062 of the D.R.T.C.T., said strip of land being herein described as a proposed variable width Permanent Street Right-of-Way and being more particularly described by metes and bounds as follows: BEGINNING at the southwest property corner of the said Gordon tracts, said point being on the existing northerly right-of-way line of Green Valley Drive; THENCE, North 00 degrees 16 minutes 44 seconds West, along the said existing norther- ly right-of-way line of Green Valley Drive and along the westerly property line of the said Gordon tracts, 15.74 feet to a point on the proposed northerly right-of- way line of Green Valley Drive, said point also being the southeasterly property corner of Lot 1, Block 1 of the Green Valley Addition, being an addition to the City of North Richland Hills as recorded in Cabinet A, Slide 911 of the Plat Records of Tarrant County, Texas <P.R.T.C.T.); THENCE, North 89 degrees 48 minutes 23 seconds East, along the proposed northerly right-of-way line, 383.51 feet to a point; THENCE, South 89 degrees 46 minutes 40 seconds East, continuing along the said proposed northerly right-of-way line, 75.18 feet to a point on the existing north- erly right-of-way line of Green Valley Drive and on the easterly property line of the said Gordon tracts, said point also being the southwesterly property corner of the future Lot 1, Block 1 of the Hilltop Acres Addition (Unrecorded); THENCE, South 00 degrees 16 minutes 20 seconds West, along the said existing norther- ly right-of-way line and along the easterly property line of the said Gordon tracts, 18.90 feet to a point at the southeast property corner of the said Gordon tracts; THENCE, North 89 degrees 43 minutes 51 seconds West, along the existing southerly property line of the said Gordon tracts and along the said existing northerly right-of-way line, 458.68 feet to the POI:'-iT OF BEGINNING. The proposed variable width Permanent Street Right-of-Way herein described contains 0.1824 acres (7,944 square feet) of land, more or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. By,)L ~<C~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 1-13-95 Page 1 of 1 KEF NO. 3-372, PARCEL NO.1 CITY OF NORTH RICHLAND HILLS GREEN VALLEY DRNE STREET AND DRAINAGE IMPROVEMENTS EXHIBIT hE" TEMPORARY SLOPE EASEMENT S. RICHARDSON SURVEY, A-1266 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the S. Richardson Survey, Abstract No. 1266, said strip being out of two tracts of land conveyed to Arthur E. Gordon and Jerry R. Gordon by deed as recorded in Volume 9349, Page 774 of the Deed Records of Tarrant County, Texas CD.R.T.C.T.), and the other tract being conveyed by deed as recorded in Volume 7116, Page 1062 of the D.R.T.C.T., said strip of land being herein described as a proposed 5 foot wide Tempo- rary Slope Easement and being more particularly described by metes and bounds as follows: BEGINNING at a point located North 00 degrees 16 minutes 44 seconds West, 15.74 (eet from the southwesterly property corner of the said Gordon tracts and at the southeaster- ly property corner of Lot I, Block 1 of the Green Valley Addition, being an addition to the City of North Richland Hills as recorded in Cabinet A, Slide 911 of the Plat Records of Tarrant County, Texas <P.R.T.C.T.), said point being on the existing northerly right-of- way line of Green Valley Drive; THENCE, North 00 degrees 16 minutes 44 seconds West, along the westerly property line of the said Gordon tracts and along the easterly property line of the said Lot I, 5.00 feet to a point; THENCE, North 89 degrees 48 minutes 23 seconds East. 458.69 feet to a point on the easterly property line of the said Gordon tracts and on the westerly property line of the future Lot I, Block 1 of the Hilltop Acres Addition (Unrecorded); THENCE, South 00 degrees 16 minutes 44 seconds East, continuing along the said property lines, 5.00 feet to a point on the existing northerly right-of-way line of Green Valley Drive and at the southwesterly property corner of the future Lot I, Block 1 of the said Hilltop Acres Addition, said point also being on the proposed northerly right-of-way line of Green Valley Drive; THENCE, North 89 degrees 46 minutes 40 seconds West, along the said proposed north- erly right-of-way line, 75.18 feet to a point; THENCE, South 89 degrees 48 minutes 23 seconds West, along the said existing norther- ly right-of-way line, 383.51 feet to the POINT OF BEGINNING. The proposed 5 foot wide Temporary Slope Easement herein described contains 0.0531 acres (2,314 square feet) of land, more or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 1-13-95 SURVEY: S. RICHARDSON SURlÆY. A-1266 LOCATION'. TARRANT COUNTY. TEXAS EASEMENT ACQUISIT10N : TEMPORARY: 0.0531 AC. PERMANENT: 0.1824 AC. WHOLE PROPERTY ACREAGE : 5.7 AC. (DRAVVlNG OF EXHIBITS" A" & "B") z 0- ¡:::¿;; ~g", u<3,..: g>-(f)cj aJ~<'-: -'<...a; þ.->t,¡JQ.. Oz:!; -''''CD w< o:u (.) P.O.B. EXHIBIT ·B· KEF NO. 3-372, PARCEl... NO. 1 GREEN VALLEY DRIVE STREET &: DRAINAGE IMPROVEMENTS EXHIBIT ·C· CiTY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RCHLAND HILLS. TX 76118 S. RICHARDSON SURVEY ABSTRACT NO. 1266 ¡R 1- - EXHIBIT ·B· - PROPOSED 5' WIDE . l'IMPORARY SLOPE EASEMENT - 0.0531 AC. (2.314 SQ. FT.) / 200' FEET~I I IR i-- I ARTHUR E. GORDON I JERRY R. GORDON VOL 9349, PG. 774 P.R.T.C.T. o 100' ~ GRAPHIC SCALE IN 1· = 100' in Ii) ë ..¡- wi ~I ëo EXHIBIT ·A· . r PROPOSED VARIABLE WIDTH g ~ PERMANENT STREET R.O.W. CI) 0.1824 AC. (7.944 SQ. FT.) :5.00. ( N89·48·23·E - ~ N89'48'23~ --=- - . 458.68" EXISTINGR.O$. I N"'~ ON POST ) ~ r-. I~ N /10 ARTHUR E. GORDON JERRY R. GORDON VOL. 7116. PG. 1062 P.R.T.C.T. ~ o N ëo r Ig -/ /" (w. ,. "="" I DOROTHY MCCLURE VOL 4985. PG. 887 . P.R. T.C. T. ~ /" -' ... . . '" . . . . . .¡¥' HILLTOP ACRES I~ (UNRECORDED) 75.18' 5.55' I BLÇJCK 1 S89·46·40·E ~ . 2 458.69' U : 383.51' --:;;- .~ËXIŠTIÑG R:õ:W: N89·43·51·W "-.-. -'-. '- SUR'ÆY UNE GREEN VALLEY DRIVE s0016'20.W 18.90' N0016·44·W 15.74' CITY OF NORTH RICHLAND HILLS TARRANT COUNTY TEXAS ; i I I I L SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS 352 HURST BLVD. HURST. TX 76053 _ (817) 282-6981 JOB NO.; 428-10-94 DATE: 1-13-95 COGO FILE: NONE ACAD FILE: 428-1 DRAWN BY; L. W.G. COMPUTED BY; L. W.G. CHECKED BY: S.G.S. CITY OF NORTH RICHLAND HILLS Department: Public Woks Council Meeting Date: Approve Purchase of Klght-of-Way to Oaymer Corp. in the amount of $7.130.00 for the Holidav Agenda Number: Lane Widening Project (A2), Lewis Drive to Bogart Drive 6/26/95 PU 95-110 Subject: Daymer Corp. owns two properties along Holiday Lane. Right-af-way and temporary construction easements have been acquired from each property as follows: Parcel No.6 - $2,850.00 6,009 square feet at $0.46/square foot (appraised value) $70.00 - temporary construction easement Parcel No. 7 - $4,280.00 9,005 square feet at $0.45/square foot (appraised value) $145 - temporary construction easement Recommendation: Staff recommends Council approve the purchase of right-of-way and temporary construction easements in the amount of $7,130.00 for the Holiday Lane Widening Project (A2) to Daymer Corp. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget '---... Othe Acct. Number Suffic' nt Funds Available 20-01-03-6000 nature CnYCOUNC~ACnON"EM FlnMce Director Page 1 of -------".- -~-_._--- -..... K ./. l'l'l'~o ", "" ~o'f." ".. . ·"¡·f· ," ~, 't' . "''" ..I" ~n 22 \, ... n"/"I' " · · II .. II . t ~ ""440 IS .. IJ LI I" I :II J, )0 '" n 1 ' ' ::, "'¡".::.£ 04 .. -........ .......O(OH CI, ,'~ ~ I ' i.. ~ ¡-- _.....( 0'1.-.-' ¡, . 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" ".J I · " · l " - () CITY OF NORTH RICHLAND lllLLS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL ME BY THESE PRESENTS COUNTY OF TARRANT That Daymer Corporation, N.V., as Seller, for and in consideration of the agreed purchase price of FOUR TIIOUSAND TWO HUNDRED AND EIGHTY DOLLARS AND NO/I 00 ($4,280.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Riclùand Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right- of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) -- The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Riclùand Hills and its successors and assigns forever. Executed this the~ dírf.....of . U-. "- o ~h ¿~ tV. b ..-/Ir;fç:1 ho i,~ 1'.!¡f. ~.(" i"'/.s- Jr",i" I"c,· ,IO,,;'-t~. < -l? -'<;¡:"' ~ ~./'lllJ J./'lJl~ ~ ?1éa't , A,D., 1995. DaymerCor:poration N V SELLER ADDRESS OF GRANfEE: City of North Riclùand Hills 7301 N.E. Loop 820 North Riclùand Hills, TX 76180 STATEOFTE~ JA I, COUNTY OF ~ My Comnússion Expires: 0:; I DB jq1 Notary's Printed Name: 1!e /J ì e UtUeO y Page 1 of 2 KEF NO. 3-371, PARCEL NO.7 CITY OF NORTH RICHLAND HILLS HOLIDA Y LANE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT "A" PERì\1ANENT STREET RIGHT-OF-WAY W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RlCHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip being out of a tract of land conveyed to Daymer Corporation, N.V. by deed as recorded in Volume 7868, Page 1437 of the Deed Records of Tarrant County, Texas CD.R.T.C.T.), said strip of land also being across Lot 2, Block 32 of Holiday North Section 7, being an addition to the City of North Richland Hills as recorded in Volume 388-140, Page 9 of the Plat Records of Tar- rant County, Texas (P.R.T.C.T.), said strip of land being herein described as variable width proposed Permanent Street Right-of-Way and being more particularly describ~d by metes and bounds as follows: BEGINNING at the southwest property corner of the said Lot 2; THENCE, North 00 degrees 27 minutes 51 seconds East, along the westerly property line of the said Lot 2 and along the existing easterly right-of-way line of Holiday Lane, 294.91 feet to a point at the beginning of a curve to the right whose center bears South 89 degrees 32 minutes 09 seconds East 670.00 feet; THENCE, in a northeasterly direction along the said westerly property line and along the said existing right-of-way line and along the said curve, through a central angle of 56 degrees 55 minutes and an arc length of 665.57 feet to a point; THENCE, North 57 degrees 22 minutes 51 seconds East, along the northwesterly proper- ty line of the said Lot 2 and along the existing southeasterly right-of-way line of Holiday Lane, 229.51 feet to a point at the beginning of a curve to the left whose center bears North 32 degrees 37 minutes 09 seconds West 477.85 feet; THENCE, in a northeasterly direction continuing along the said existing southeasterly right-of-way line and along the northwesterly property line of the said Daymer tract and along the said curve, through a central angle of 10 degrees 40 minutes 14 seconds and an arc length of 88.99 feet to an iron rod at the most northerly property corner of Lot 1. Block 32 of the said Holiday North Addition, said point also being the most westerly property corner of Lot 5, Block 10 of Holiday North, Section 9 being an addition to the City of North Richland Hills as record- ed in Volume 388-170, Page 10 of the P.R.T.C.T., said point also being at the beginning of a curve to the right whose center bears North 44 degrees 17 minutes 45 seconds West 494.32 feet; THENCE, in a southwesterly direction along the proposed new southeasterly right-of-way line of Holiday Lane and along the said curve, through a central angle of 10 degrees 20 minutes 09 seconds and an arc length of 89.17 feet to a point; THENCE, South 56 degrees 02 minutes 25 seconds West, continuing along the said proposed new southeasterly right-of-way line, 243.94 feet to a point at the beginning of a curve to the left whose center bears South 33 degrees 57 minutes 35 seconds East 662.00 feet; THENCE, in a southwesterly direction continuing along the said proposed new south- easterly right-of-way line and along the said curve, through a central angle of 55 degrees 41 minutes 26 seconds and an arc length of 643.45 feet to a point; THENCE, South 00 degrees 20 minutes 58 seconds West, continuing along the proposed new easterly right-of-way line of Holiday Lane, 293.99 feet to a point on the southerly property line of the said Lot 2 and on the existing northerly right-of- way line of Terry Drive (being an unconstructed 60 foot wide street right-of- way); THENCE, South 85 degrees 48 minutes West, along the said southerly property line and along the said existing northerly right-of-way line, 9.21 feet to the POINT OF BEGINNING. The Permanent Street Right-of-Way herein described contains 0.2067 acres (9,005 square feet) of land, more or less, all of which is within an existing 10 foot wide sidewalk easement as shown her<>in "n th<> ,¡~.,,,,:"_ ",,~_,-".' "_ ~ ,..' '.~-- Page 2 of 2 KEF NO. 3-371, PARCEL NO.7 CITY OF NORTH RICHLAND IDLLS HOUDA Y LANE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT "A" (continued) W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent Street Right-of-Way, a proposed 5 foot wide Temporary Construction Easement is herein described as being a strip of land immediately adjacent to the east side of the above described proposed Permanent Street Right-of-Way. The said proposed Temporary Construction Easement contains 0.1456 acres (6,342 square feet) of land, more or less and is shown herein on the draw- ing attached as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUÇ RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 2-22-95 I' " tj, "'7. f\'= 4..<r SUBDIVISION: HOUDA Y NORTH. SECTION 7 LOCATION: TARRANT COUNTY, TEXAS EASEMENT ACQUISITION: TEMPORARY: 0.1456 AC. PERMANENT STREET R.O.W.: 0.2067 AC. WHOLE PROPERTY ACREAGE: 35.314 AC. JAil AlCA ClRCl£ ~ %~ ~ À ~ \ .~ ~o ~ .~ \ .¢ ). "1\;.. 'l.~?~/ .~ 'l. ~ .~\ :1''l.'1-"", \ \ '/~~ \ \\ 1\ PROPOSED 5' WIDE I _ \ \ \ j TEMPORARY / / \ ~ r\~ -- --¡ CONSTRUCTION EASEMENT \ ~ \ \ \ 0.1456 AC. (6.342 SQ. FT.) / /. /. I ~ \ \ / ~~f:v ~r 1 lG ~ \~ / 'v~/fI I ~ ~ ~ 1 1 -1.. 7' \ <D .; . \ ~ ~ ~/ I ~ ~ go-: \ ~ 11'/ \ ~ 3::! \ ~ " I w,;"'cè ~~ ~ ¿'jä 1 I '"'" ,... I .ð. 56'55' < ~: s I { / R : 670.00' I ~ tI": ~ J2 ~:. :/h/ L .. 66S.S7' \ ~~ \ s:: '"' I ~~ I 1; ..Ill PROPOSED NEW R.O,W. I :" c5 Io;J! r .ð. .. 5S'41·26· I 2> \ 1 10; I R ... 662.00' I I L ... 643.45' I I I I In I In I If EXHIBIT . A . I : PROPOSED VARIABLE WIDTH ! I PERMANENT STREET I RIGHT-Of-WAY I 0.2067 AC. (9.00S SQ. FT.) I I I I I BLOCK 32, LOT 2 HOUDA Y NOR1H SECTION 7 VOL 388-140, PG. 9 P.R.T.C.T. I I L W. W. WAlLACE SURVEY ABSTRACT NO. 1606 PARCEL 7 KEF NO. 3-371-616 HOLlDA Y LANE, STREET & DRAINAGE IMPROVEMENTS SECTION A2 CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HIllS. TX 76118 DRAWING OF EXHIBIT "A" EXHIBIT "B" .3 r-- 60\ .- ¡::: . I-U" owo.. ...J(f)öt-; Ñi!=~~ I") a:: ,I-: ~ocoa:: uzco~ o I") ...J~ . moð :J> o :I: TRINIDAD DRIVE DA YMER CORPORA 110N, N. V, VOL. 7868. PG. 1437 P.R.T.C.T. 20 5 ;: z: ",,,, ~ ~~ CD ~~ ~ ¡!¡~ ~o::J o .,¡;: -' -:> ~ .. o t 19 EXlsnNC 10' 1010( SlDE'NAlK EASE\lE.~T VOl.. 383-140. Pc;, i. P.R.T.C.T. ~ S00'20·S8·W 293.99' I --1 E1QSnNC R.O~ -- C) ç<¡.ç SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS o 120' 240' ~ I GRAPHIC SCALE IN FEET 1· = 100' JOB NO.: 427-1094 DATE: 2-22-95 COGO FILE: NONE ACAD FILE: 427-A-7 DRAWN BY: S.G.S. COMPUTED BY: S.G.S. f"LJ r-f"''''-I'''''\ .....,,, D195090951 CITY OF N RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS 76180 .. -It -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF N RICHLAND HILLS RECEIPT NO 195196360 REGISTER RECD-BY DR93 T003957 PRINTED DATE TIME 06/01/95 14:45 1 INSTRUMENT FEECD D195090951 WD INDEXED TIME 950601 14:43 CA TOT A L DOCUMENTS: 01 FEE S: 15.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. ¡) CITY OF NORTH RICll-AND HIT...LS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL -ME BY THESE PRESENTS COUNTY OF TARRANT That Daymer Corporation, N.V., as Seller, for and in consideration of the agreed purchase price of TWO THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS AND NO/I 00 ($2,850.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right- of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the ~ day of '1l7 Cur ðfU.~ A ~ k,./ ~ ,A.D., 1995. ,..... I ¿ ,-9 ~ ~.). ~~o ~ .- 'f: " ~. .- ~. <:.-ø ..:.1- .~~ oj ~. ._"~ .....~ '';'.¿' ...~ :~~ Daymer Cor:poration N V f<ð~ ~ fJ¿,~~) By: Kay T ylor, A mey-m-Fact SELLER ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATEOFTE~); I COUNTY OF {,.lxit This instrument was acknowledged before me on / t7 day of ~ ._: ~:.::~ Taylor, Attomoy-in-Fact, Daymer Co,!,o,""o" N. V. ,.,,~. "'"',........ criLl ~&; , I tr (1- Nolaty Public 'I. . . . Slate 01 Texu .: C~~:' ....Comm.Elp.02'01-Q7 Notary Public, State ofT My ():¿ltJ {j /'1 ~ N1(:' Printod Nam" II/e IfM l1i 1100 "", A e:: 01.""7 Page 1 of 2 KEF NO. 3-371, PARCEL NO.6 CITY OF NORTH RICHL~ND HILLS HOLIDA Y LANE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT" A .. PER.J.\1A.NENT STREET RIGHT-OF-WAY W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip being out of a tract of land conveyed to Daymer Corporation, N. V. by deed as recorded in Volume 7868, Page 1437 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip of land also being across Lot I, Block 33 of Holiday North Section 7, being an addition to the City of North Richland Hills as recorded in Volume 388-140, Page 9 of the Plat Records of Tar- rant County, Texas <P.R.T.C.T.), said strip of land being herein described as variable width proposed Permanent Street Right-or-Way and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod at the southwest property corner of the said Lot I, said point also being at the beginning of a curve to the left whose center bears North 82 degrees 41 minutes 53 seconds West 730.00 feet; THENCE, in a northerly direction along the existing easterly right-or-way line or Holiday Lane and along the westerly property line of the said Lot 1 and along the said curve, through a central angle of 6 degrees 50 minutes 16 seconds and an arc length of 87.12 feet to a point; THENCE, North 00 degrees 27 minutes 51 seconds East, continuing along the said exist- ing easterly right-of-way line and along the said westerly prope!'ty line, 520.11 feet to the northwest property corner of the said Lot 1; THENCE, North 85 degrees 48 minutes East, along the northerly property line of the said Lot 1 and along the existing southerly right-of-way line of Terry Drive (being an unconstructed 60 foot right-of-way>, 9.33 feet to a point on the proposed new easterly right-of-way line of Holiday Lane: THENCE, South 00 degrees 20 minutes 58 seconds West, along the said proposed new right-of-way line, 518.43 feet to a point at the beginning of a Curve to the right whose center bears North 89 degrees 39 minutes 02 seconds West 740.00 feet; THENCE, in a southerly direction continuing along the said proposed new right-of-way line and along the said curve, through a central angle of 6 degrees 57 minutes 49 seconds and an arc length of 89.94 feet to a point on the southerly property line of the said Lot 1 and on the northerly property line of Lot 1R, Block 35 of Holiday North, Section 10 being an addition to the City of North Richland Hills according to the plat as recorded in Cabinet A, Slide 216 of the P.R.T.C.T.; THENCE, North 89 degrees 40 minutes 40 seconds West, along the said southerly property line of Lot I, 10.26 feet to the POINT OF BEGINNING. 'I:he Permanent Street Right-of-Way herein described contains 0.1379 acres (6,009 square feet) of land, more or less, all of which is within an existing 10 foot wide sidewalk easement as shown herein on the drawing attached as Exhibit "B". IIOQ2.. f'\ çq.. A Page 2 of 2 KEF NO. 3-371, PARCEL NO.6 CITY OF NORTH RICHL~ND ffiLLS HOLIDA Y L.~NE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT -A" (continued) W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent Street Right-of-Way, a proposed 5 foot wide Temporary Construction Easement is herein described as being a strip of land immediately adjacent to the east side of the above described proposed Permanent Street Right-of-Way. The said proposed Temporary Construction Easement contains 0.0699 acres (3,043 square feet) of land, more or less and is shown herein on the draw- ing attached as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. ' Company Name: Spooner and Associates, Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 2-22-95 1I98z... 05"19 f;'uBDIVlsrON: HOLIDAY NORTH, SECTION 7 I LOCA TION: TARRANT COUNTY, TEXAS EASEMENT ACQUISITION: TEMPORARY: 0.0699 AC. PERMANENT STREET R.O.'.'!.: 0.1.379 AC. WHOLE PROPERTY ACREAGE: 35.314 AC. PARCEL 6 KEF NO. 3-371-616 HOllO A Y LANE, STREET & DRAINAGE IMPROVEMENTS SECTION A2 CiTY OF NORTH RICHLAND HILLS 7.301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 DRAWING OF EXHIBIT "A" EXHIBIT "B" 1~) / I / I / / 5 4 ~~ c...- ~ ~~ g ~ ~ t:. = 6'50'16· R = 730.00' L - 87.12' , I ~ o 100' 200' ~ J GRAPHIC SCALE IN FEET 1- = 100' If , ß "Z- 0 ~ç ð SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS [SLOCK 32. LOT 2 HOUDA Y NORTH SECTION 7 W VOL. 338-140. PG. 9 Z P.R.T.C.T. <{ -- --1 EXlS1\NC RoO. W. TERRY DRIVE (UNBUILT) 3i I~ >- « N8S'48'E ~ 1r=9.33'- J: I II: ~ . II' à, - I IJ') ~Ir~ I .r II: ~ 3i r IJ') dill . .¿ I ): ~I r~ ~EXlS1\NC 10' 'MOE: SlOE'NAlK ~sÐ.lE.· r ¡;; r ~ va... Jð8-1-40. Pc. 9. P.R. T.C. T. B I ! r ~ r-PROPOSED 5' WIDE : o. I TEMPORARY III ~ II CONSTRUCTION EASEMENT ~I! ';;;b~~:V:::S::~) I f - PERMANENT STREET ~I : RIGHT-OF-WAY .ñ II 0.1379 AC. (6.009 SQ. fT.) ~I : gill z I I I I ò .. - 0011"0 R.C:/I, W. W. WALLACE SURVEY ABSTRACT NO. 1606 DAYMER CORPORATION, N,V. VOL. 7868. PG. 1437 P.R. T.e. T. BLOCK 33, LOT 1 HOUDA Y NORTH SECTION 7 VOL. 388-140, PG. 9 P.R. T.C. T. z1t:. = 6'57'49- R = 740.00' L = 89.94' 10.26' N99'40'40'W i". LOT IR SLOC!( 35 HOUDAY NORTH. SECTlO:-¡ 10 CAalllET A. SUOE ~: E P.P..T.C.T, "AU -~>- A:;::T; OF' ~..... I.r '\~....... ~~ "t~ .....t:..,,'G15 TC1Î(:...+ ¡I, "'...~ * C··71ft ì ~ ...:..................:... ~ ~ .~.~~~.~:..~.?~~~ I \. 4183 v:',,/ ..1' ,..' r ~ . .';CS5 I o~.· 01/:- f ¡) ...... f su 352 ¡;URST 9L \1). !-iURS:. IX 76053 --- I I 1 I I I I I I I I I I U r Z I I « I a::: OJ ) >- I « , 3; I 0 , I -1 I -1 I « U I I I I I I I I I --- JOB NO.: 427-1094 DATE: 2-22-95 CO GO FILE: NONE ACAD 8L~427-A-6 DRAWN BY: S.G.S. COMPUTED BY: S.G.S. 1'"'" ,..-"",..._.... _. D195090952 CITY OF N RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS 76180 ·W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF N RICHLAND HILLS RECEIPT NO 195196361 REGISTER RECD-BY DR93 T003957 PRINTED DATE TIME 06/01/95 14:45 1 INSTRUMENT FEECD D195090952 WD INDEXED TIME 950601 14:43 CA TOTAL DOCUMENTS: 01 FEE S: 15.00 ~ B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. CITY OF NORTH RICHLAND HILLS 1 Department: Public Works Council Meeting Date: Approve Purchase of Right-of-Way to Arapaho East, Inc. in the amount of $2.800 for the Holiday Lane Agenda Number: Widening Project (A2), Lewis Drive to Bogart Drive 6/26/95 PU 95-IU Subject: Arapaho East, Inc. owns two properties along Holiday Lane. Right-of-way and temporary construction easement has been acquired from each property as follows: Parcel No.3 - $2,250.00 2,250 square feet at $1.00/square foot (appraised value) Parcel No.5 - $550.00 1,103 square feet at $0. SO/square foot ( appraised value) No additional compensation was necessary for the temporary construction easements on these parcels. Recommendation: Staff recommends Council approve the purchase of right-of-way in the amount of $2,800.00 for the Holdiay Lane Widening Project (A2) to Arapaho East, Inc. Finance Review Source of Funds: Bonds (GO/Rev.) \.../ Operating Budget Other Acct. Number _ Suffic' nt Funds Available 20-01-03-6000 Finance Director ure CITY COUNCIL ACTION "EM Page 1 of ~\. ~'/' I'I'I'~" ", ".. ~!f;J2.!!~" " " "',,,' "/,/'1'1':" ~, , 1.'\'..'.."" .. ,. "'iff"" \ , ' ' , " " .. , , !, ~l CO¡ J. .. "" U I" .. so "--Ì" ~,,', SPU!G[ONCI, ,,'~ I ' § '~.! ,- j ......~DA~/, . . , , .., '~.,',." 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I . . .~ " u " II II CITY OF NORTH RICHLAND Hil..LS, TEXAS RIGHT-OF-WAY STATE OF TEXAS COUNTY OF TARRANT KNOW ALL ME BY THESE PRESENTS That Arapaho East, Inc. as Seller, for and in consideration of the agreed purchase price of FIVE HUNDRED AND FIFTY DOLLARS AND NOll 00 ($550.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the furtber rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, wlúch plat is made a part hereof, and/or described as follows: (SEE A IT ACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Exocutod tb;, the 2-.~ day of ~ . AD.. 1995. '. o ~ 01 A) tit. tl ~Q..._ ~ 1: H t0I k r- f r ti ç. Arap'ï~ East, Inc. (Jj~ß=L.. '- By: C.T. Beckham, President "' ADDRESS OF GRANTEE: City of North Richland Hills 730 I N.E. Loop 820 North Richland Hills, TX 76180 SELLER STATE OF TEXAS COUNTY OF TARRANT Tlús instrument was acknowledged before me on ~ day of O~ . 199~.~r..si!,; Beckham, President, Arapaho East, Inc. \\\\\'\\~D.& II"..~, ~" ~'iji¡;:~"" 'J,v.-"",,L t1 1-. ~ I /:~ .\ \ Notary Public, State of Texas =:~ 0::; :: : ~ :\o~. ~ My Commission Expires\. \...~ ..../ / ~ .... .... ....... 7 Zö c¡ 7 ~~'" ~~.;:;, :o.""~... -- .- "II ;C:."..V I ",,,,,, "'"''"n''''' Notary's Printed Name: (laYé ¡). r~d~ Page 1 of 2 KEF NO. 3-371, PARCEL NO.5 CITY OF NORTH RICHLAND HILLS HOLIDA Y LANE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT -A - PE&\1ANENT STREET RIGHT-OF-WAY W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip being out of a tract of land conveyed to Arapaho East, Inc. by deed as recorded in Volume 8043, Page 1688 of the Deed Records of Tarrant County, Texas m.R.T.C.T.), said strip of land also being across Lot lR, Block 35 of Holiday North Section 10, being an addition to the City of North Richland Hills as recorded in Cabinet A, Slide 216 of the Plat Records of Tarrant County, Texas <P.R.T.C.T.), said strip of land being herein described as variable width proposed Permanent Street Right-of-Way and being more particularly described by metes and bounds as follows: BEGINNING at the northwest property corner of the said Lot lR, said point also being on the southerly property line of Lot I, Block 33 of Holiday North, Section 7 being an addi- tion to the City of North Richland Hills according to the plat as recorded in Volume 388- 140, Page 9 of the P.R.T.C.T.; THENCE, South 89 degrees 40 minutes 40 seconds East, along the northerly property line of the said Lot lR and along the said southerly property line of Lot I, Block 33, 6.48 feet to a point on the proposed new easterly right-of-way line of Holi- day Lane, said point also being at the beginning of a curve to the right whose center bears North 82 degrees 41 minutes 13 seconds West 740.00 feet; - THENCE, in a southerly direction along the said proposed new easterly right-of-way line and along the said curve, through a Central angle of 7 degrees 20 minutes 06 seconds and an arc length of 94.73 feet to a point; THENCE, South 14 degrees 34 minutes 50 seconds West, continuing along the said proposed new right-of-way line, 86.35 feet to a point on the southerly property line of the said Lot lR and on the northerly property line of Lot 3, Block 35 of the said Holiday North Addition, Section 10; THENCE, North 74 degrees 46 minutes 55 seconds West, along the said property lines, 5.94 feet to a point on the said existing easterly right-of-way line of Holiday Lane; THENCE, North 14 degrees 34 minutes 50 seconds East. along the said existing easterly right-of-way line of Holiday Lane and along the westerly property line of the said Lot 1R, 84.04 feet to a point at the beginning of a curve to the left whose center bears North 75 degrees 25 minutes 10 seconds West 734.00 feet; THENCE, in a northerly direction continuing along the said existing easterly right-of-way line and along the said curve, through a central angle of 7 degrees 26 minutes 49 seconds and an arc length of 95.40 feet to the POINT OF BEGINNING. The Pennanent Street Right-of-Way herein described contains 0.0253 acres (1,103 square feet) of land, more or less, of which 0.0048 acres (210 square feet) are within an existing drainage and utility easements as shown herein on the drawing attached as Exhibit "B". Page 2 of 2 KEF NO. 3-371, PARCEL NO.5 CITY OF NORTH RICHLAND HILLS HOUDA Y LANE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT "A" (continued) W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent Street Right-of-Way, a proposed 5 foot wide Temporary Construction Easement is herein described as being a strip of land immediately adjacent to the east side of the above described proposed Permanent Street Right-of-Way. The said proposed Temporary Construction Easement contains 0.0209 acres (909 square feet) of land, more or less and is shown herein on the drawing attached as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates. Inc. BY'~~ Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 2-22-95 I P.O.B. EXHIBIT j"K t:.. = 7"26'49"( ....., R = 734.00')<-- L/= 95.40' I~/ t:.. = 7'20'06" I R = 740.00' / L '" 94.73' 4J I Ô. ~ PROPOSED ~ö!l/ NEW R.O.'II. !")..,: J...!-.. :!t:{)! .,. <- S14'34'50"W ~l"'" -- -- 86.35' 0.0253 AC. (1.103 SQ. FT.) I -... ........ -.. -- -- BLOCK 35 -- -- HOUDAY NORTH SECTION 10 ..... -- -- CABINET A. SUDE 216 594' ----- ---- ~ P.R.T.C.T. r-...... ..... ---- N'> -- -- __ -- -- ~~. -- ..... -- ..... ~'VI -- ____ -- -- --..... ~---- -- -- ..... So' I __ -- -- -- ~tv",C<" -- .. -- -- ..... )2-- 1.....· ~SÐ.¡fNr ---- ~ -- -- /" -... -...-..... þ --.... , r ~----------------------- 10' U.E. SUBDIVlSION: HOLIDAY NORTH SECTION 10 LOCATION: TARRANT COUNTY, TEXAS EASEMENT ACQUISITION: TEMPORARY: 0.0209 AC. PERMANENT STREET R.O. W.: 0.0253 AC. WHOLE PROPERTY ACREAGE: 2.560 AC. DRAWING OF EXHIBIT "A" EXHIBIT "B" BLOCK I-R HOUDA Y WEST ADDITION VOL 388-126. PC. 93 P.R.T.C.T. PARCEL 5 KEF NO. 3-371-616 HOLlDA Y LANE, STREET & DRAINAGE IMPROVEMENTS SECTION A2 CITY OF NORTH RICHLAND HILLS 7.301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 DAYMER CORP. N't VOL 7868. PC. 1437 DR. T.C. T. W. W. WALLACE SURVEY ABSTRACT NO. 1606 LOT 1. BLOCK 33 HQUDA Y NORrri SECTION 7 VOLUME 388-140. PACE 9 P.R.T.C.T. S89'40'40"E PL I 6.48' PROPOSED 5' WIDE L------ TEMPORARY J CONS"lRUCnON EASEMENT 0.0209 AC. (909 SQ. FT.) ~ "'{' -.J ).... "'{' 8 (j ::z: ! =1 o' LOT 3 ~ 01 ~ v-,! i T. U. ELECTRIC CO. 'tOL 9698. PC. 640 D.R. T.C. T. o 60' 120'/~ ~ ! ..t;.·i,G,srcll(:...+ "...~ * 0 ":1/1 GRAPHIC SCALE IN FEET i( ŠH~ÅÜN'ë'''SPÖÖÑ:~\' ~ .......................... (¡ 1· = 60' ~ ~.04 418.3 ..,:' \~('.:·~!I!.'css I?'!:;'" D š·úï~:\ '-.... ARAPAHO EAST, INC. LOT 1R VOL. 8043, PG. 1688 O.R. T.C. T. EXHIBIT -A" PROPOSED VARIABLE WlDTIi PERMANENT S"lREET RIGHT-OF-WAY / I I SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 427-1094 DATE: 2~22-9S COGO FILE: NONE ACAD FILE: 427-A-S DRAWN BY: L. W.G. COMPUTED BY: S.G.S. ..-,. 352 HURST BL YD. HURST, T',( 7õ05J CITY OF NORTH RlCHLAND ffiLLS, TEXAS RlGHT-OF-WAY STATE OF TEXAS COUNTY OF TARRANT KNOW ALL.ME BY THESE PRESENTS That Arapaho East, Inc. as Seller, for and in consideration of the agreed purchase price of TWO THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND NO/I 00 ($2,250.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of- way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, ifany: Seller's property fTom which right-of-way is being acquired, Lot 4, Block 35, Holiday North Addition, is zoned C-2 Commercial. The City of North Richland Hills Zoning Ordinance requires a 25' fTont building line for C-2 Zoning. The City of North Richland Hills will allow the current 25' fTont building line to remain in its present location, following acquisition of the herein-described right-of-way. ~I- To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the H day of ~t.....uz- ð ¡Iv. ~ P þJ Arap e;pVi-tN ItA b - r--?5"· e. 3kU L By: C.T. Beckham, President --- ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, IX 76180 SELLER STATE OF TEXAS COUNTY OF TARRANT ~s instrument was acknowledged before me on b f j.. day of ~ ' 1995 by C. T. Beckham, President, Arapaho East, Inc. \\\1'\\'0"'&/1'" L iI ;; . . ,¡; /. l""~;ï\~ï~S/\ 7fr..1\J1!J- fV1 t. ~ f /"~* '£1'\ \ Notary Public, State of Texas - : ~ . - My Commission E~eJ\ ':;.~ ~~/ } Notary's Printed Name: ,,-- 4 - 9Y'~.·-····.f /'fa...k Þ:.. ¡ rÆd/ ') ~).III::-2f:j,:.g't \\\\"..., IHI;~'tn.\'\ Page 1 of 2 KEF NO. 3-3ï1. PARCEL 1\0. 3 CITY OF NORTH RICHL.-\1\D HILLS HOLIDA Y L\:\E STREET AND DRAINAGE ßIPROVEMENTS SECTION A2 EXHIBIT -A" PERMA:\!:;NT STREET RIGHT-OF-WA Y W. W. WALLACE SURVEY, .-\-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 160G, said strip being out of a tract of land conveyed to Arap,1ho East, rnc. by det::d as ret::ol'ded in Volume S043, Page IGSS of the Deed Records of Tarrant County, Texas m.R.T.C.T.J, a portion of the said Arapaho tract also being Lot 4, Block 35 of Holiday North Section 10, being an addition to the City of North Richland Hills according to the plat as recorded in Cabinet A. Slide 216 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said strip of land being herein de- scribed as a proposed variable width Permanent Street Right-of-Way and being more par- ticularly described by metes and bounds as follows: BEGINNING at a point at the most northerly property corner of the said Lot 4 and on the existing easterly l'ight-of-way line of Holiday Lane, said point being the most westerly property cornet' of Lot 3, Block 35 of the said Holiday North Addition. said point also being on the westerly edge of an existing 30 foot wide easement com-eyed to Mobile Pipeline Co. by deed as recorded in Volume 2575, Page 383 of the D.R.T.C.T.; THENCE, South 24 degrees 51 minutes 30 seconds East, along the not·theasterly property line of the said Lot 4 and along the southwesterly property line of the said Lot 3, 8.98 to a point on the proposed new easterly right-of-way line of Holiday Lane; THENCE, South 14 degrees 38 minutes 53 seconds West. along the said proposed new easterly right-of-way line of Holiday Lane, 331.32 to a point at the beginning of a curve to the left whose center bears South 75 degrees 21 minutes 07 seconds East 882.00 feet; THENCE, in a southerly direction continuing along the s:¡id proposed new easterly right- of-way line and along the said curve, through a central angle of 4 degrees 09 minutes 33 seconds and an arc length of 64.03 feet to a point on the southeast- erly properly line of the said Lot 4 and on the northwesterly property line of a tract of land owned by Texas Utilities Electric Company (T. U. Electric Co.) and being described in the deed as recorded in Volume 2821, Page 291 of the D.R.T.C.T.; THENCE, South GG degrees 27 minutes West, along the s:¡id property lines. 9.02 feet to a point on the said existing easterly right-of-way of Holiday Lane, said point also being at the beginning of a curve to the right whose centet' bears South 77 de degrees 33 minutes 41 seconds East 66G.00 feet; THENCE, in a northerly direction along the said existing easterly right-of-way line of Holiday Lane and along the sait! westerly propcrty line of the said Lot _I and along the said curve, through a central angle of 2 degrees 08 minutes 31 sec- onds and an arc length of 24.90 feet to a point; THENCE, North 14 degrees 34 minutes 50 seconds East, continuing along the said exist- ing easterly right-of-way line along the said westerly property line of Lot 4, 382.90 feet to the POINT OF BEGINNING. The Permanent Street Right-of-Way herein descl'ibetl contains 0.051 ï acres (2,250 square feet) of land, more or less. Page 2 of 2 KEF NO. 3-3ï1, PARCEL NO.3 CITY OF NORTH RlCHLAND HILLS HOLIDA Y LANE STREET AND DRAINAGE ßIPROVEMENTS SECTION ."1.2 EXHIBIT "A" (coIILinued¡ W. W. WALLACE SURVEY, ."1..1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS In addition to the above described proposed Permanent S~ree~ Right-of.Way, a proposed 5 foot wide Temporary Construction Easement is herein described as being a strip of land immediately adjacent to the east side of the above described proposed Permanent Street Right-of.Way. The said proposed Temporary Construction Easement contains 0.0448 acres (1,952 square feet) of land, more or less and is shown herein on the draw- ing attached as Exhibit -B-. TO ALL PARTIES INTERESTED IN TITLE TO THE PRENUSES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SA!VŒ IS TRUE AND CORRECT. Company Name: Spooner and AS:lociates, Inc. By: Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 2-22-95 Revised on 4-09-95 SURVEY: W. W. WAUACE SURVEY, A-1606 LOCATION: TARRANT COUNTY, TEXAS EASEMENT ACQUISITION: TEMPORARY: 0.0448 AC. PERMANENT STREET R.O.W.: 0.0517 AC. \'tHOLE PROPERTY ACREAGE: 0.954 AC. ORA WING OF EXHIBIT "A" PARCEL 3 KEF NO. 3-371-616 HOLlDA Y LANE, STREET & DRAINAGE IMPROVEMENTS SECTION A2 CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76118 EXHIBIT "B" iJ:./\ 0" \ 1/ "'" \ II P.O.B. J^\ \ I' ..I \ I, EXHIBIT 8, \ \ f/ "A"l: \ ---_ II \ \ --/7 \ BLOCK I-R I ' , :\ \ HOUDAY WEST ADDITlON //iJ:' , I \ 8.98 \ \ VOL 388-126, PC. 93 110' I ' \ \ P.R.T.C.T. ¡,j ,"" " /\ \ \ -¡ " , , I ';;;;1 'Æ , / I' \ \ ""/J!! . '//~' \ \ \ LOT 24 IIi.¡ ~/,/~'l<v \\ \ \ It' ~/,/~ :J \ \ -- - - __ / / '">//.I ~.1 ::¡ \ \ >6. \ ----U j'ß ~ \ \'G.\ /Iffþ \ 1-'6. \ ~ \ l'O,q, 1/1\ ~~\~\ ' I If !'"> LOT -4- ~ \ ~~ \ 'L I'f( / ~ ~\ ".;", \ 'IJ' \ BLOC ( 35 INI t6.\ ~~ \ ~ \ HOUOAY NORTH SECTlON 10 , t<' \ ~~ \ -0 \ CABINET A. SUOE 216 --- - I', I \\ \ .~ \ P.R.T.C.T. '"---r-¡ /1 ARAPAHO EAST, INC. \ ,. \ LOT 1 - / / L:..¡ it, ¡VOL 8043, PG. 1688 \ \ \ I <' ' I P.R.T.C.T. \ \ \ I t' ~ , '~PROPOSED 5' WIDE \ \\ \ 6 ~ II -.J , I / TEMPORARY § e,; I )... ~!fv CONSìRUCTlON EASEMENT \ \ :::¿~.., I' -- I, I 0.04-48 AC. (1,952 SQ. FT.) ~ \ \ ...."'ú' , " -0 \ \ ~ ð~::.., Ii Q " EXHIBIT "A" (" \ ,-- 0$ I . _ , \ \. \.,' ë6 >- ~ ~ I iJ:' O.......¡ t /1 ÞPREOPOSEDENTV~ABL£ WIDTH Y,."..- <I") 1'0' I, I RMAN S",EET '~\.. QO->ë1 la~O: ::r: 41/" RIGHT-OF-WAY ....- - 0/' I /0.0517 AC. (2.250 SQ. FT.) ~ \)~:: :r: I Æ .tr>% ' /' , .. ... , ¡ -;:.....--- I df !?" , A... -4-·09'JJ. ....- ::' I' ¡¡ / R - 882.00' /' -::\ vat ~8ftE~~1~91 1/ I L - 6-4-.0J· ....- ¿' D.R.T.C.T. ' I ~~/, I / /' --;;:::-~6"'2.1·'tI 75' , ~ A... 2"08'J1· "i /,/',' ) ~ R - 666.00' '9 -:: /-'" " L - 2~.90' v- ... ... ~ 0 60' 120' IR \~.ßpj ...... ~ 1 ~ ... GRAPHIC SCAlE IN FEET W. W. WAlLACE SURVEY ABSTRACT NO. 1606 LOT 23 TUElECTRIC VOL 9698, PC. 64Q P.R. T.C. T. LOT 3 MfÁDOW 8L ltD. PARk ............. - ~ Rt'iISÐ> ON +-*-85 1· ,.. 60' SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 427-1094 DATE: 2-22-95 COGO ~lE: NONE ACAD ~L£: 427-A-3 DRAWN BY: LW.G. 352 HURST BLVD. COMPUTED BY: S.G.S. HURST. TX 76n!'\." CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Ratify Purchase Of Right-of-Way In the Amount of $1.200.00 to Donald and Rosemary Pentecost for theð.genda Number: Holiday Lane Widening Project (A2), Lewis Drive to Bogart Drive 6/26/95 PU 95-~2 Subject: Staff has purchased right-of-way from Donald and Rosemary Pentecost (Parcel No.8) for the Holdiay Lane Widening Project (A2). A total consideration of $1,200.00 was paid on May 31, 1995, for 2,625 square feet ($OA6/square foot). Recommendation: It is recommended Council ratify payment of $1 ,200.00 to Donald and Rosemary Pentecost. Source of Funds: Bonds (GO/Rev.) \ Operating Budget _ ),....¿ Ot er. Finance Review Acct. Number _ 20-01-03-6000 Suffici nt Funds Available Finance Director CITY COUNCIL ACTION "EM Page 1 of k"\' ,~'/' 1.\,I·II·~o ", ".. ~I{;:J~" " .. .'l~'I'I' ':" ~, '1' . ' '".. ::~~. nit · · " It II . '~~~ ., I' U, )0 ft " -j n ~ , ' ~ . 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I' . .. ~II II " " " .. :t~., '46, .;/. .j, .1°,1"" ..\'"1:.... ..\",/.. .'~.....:: "AHEnA 0fI ,'- "AHUh 0.: ~)- ~' , .. '* ~(~·I" \,"1, ; ~)L-"'i "tort OR ..bJ~' . ~ . " ¡ ~~ '1' '4:.4' ~.~R .. i. .. /'1/ i ~ l o;.'I¡'¡~LA.,.."IJI' , I, , 0: ~ ~ 'ND' a .~ 1_ " :1,'"'1 \.0,.. ~,~~ . RICII\-' , t; " 1" I ~~. S:O .UA 0fI, - J~-r-;- 1E ~ ~~;-... r-:\ '7 /-~-.d~~r-:-1-2t '7.... " - ..... . ~, .. ~ ~. " ~ .. T 9p .. . .. , . II II " . . .. " .. .. .. II " II II .. II .. I' 1'- ..J ~ r-+ IS ~ .. ----..... .. \" r II uí5 -I~IGr' D"Y OOL rlOLl SCrI ,. IX' I." t.C ~ , .. · ! " I · " , : " · .. · I .. . , " · -'." · ,;; " 3 , 40.. . 3 · II ~ t .. , . . ~%3. . Ii"'i 0.1· ~~, J . , , . , I! . . I . .. · , " , .. ; .. · , " · .. II , . " · " II · . .. · I.,. " "I , I I " .1 " , ' i B ~ !W , - . . ...h, . t) CITY OF NORTH RICHLAND HilLS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL ME BY THESE PRESENTS COUNTY OF TARRANT That we, Donald E. Pentecost and wife, Rosemary Pentecost, as Seller, for and in consideration of the agreed purchase price of ONE THOUSAND TWO HUNDRED DOLLARS AND NO/I00 ($1,200.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a mUlÙcipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widelÙng, maintairùng and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, Sl::wer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, wlúch plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed tlús the J.5.dday of ~ . A.D., 1995. ð . ~,A:q CLv--~ ,..4 M¡-' 'F~ ~~dl~;r1.d- Donald E. Pentecost ~-/Z.-c¡ç Rk?~ ¡L~~ Rosemary Pe ecost SELLER (S) ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATE OF TEXAS COUNTY OF TARRANT I Th!s instrument was acknowledged before me on /5d day of ~ . 1995 by Donald E. Pentecost and wife, Rosemary Pentecost. ~~ :I.~ otary Public, State of Texas I My Commission Expire ,- l' Gt? SUBOIVlSION: HOLIDAY 'NEST, SECTlON 2 LOCA TlON: TARRANT COUNTY, TEXAS EASE~IENT ACQUISITlON: TEMPORARY: 0.0498 AC. PERMANENT STREET R.O.W.: 0.0603 AC. WHOLE PROPERTY ACREAGE: 2.4-8 AC. DRAWING OF EXHISIT "A" LOT 2, BLOCK 37 HOLlDA Y WEST SECTlON 2 YOLo 388-172. PG. 73 DONALD E. PENTECOST ! YOLo 10066, PG. 804 P.R.T.C.T. _'~':__ __P_R~.JT. 3 -=---~--=- in I ' :;¡ I 1 '-~ PROPOSED 5' WIDE : of' "! I TEMPORARY I L CONSTRUCTION EASEMENT 6. 53'+f.'26"N~ ~ \ ~.. \1. 0.0498 AC. (2.170 sa. FT.) R: ~17.89' /II ~ \ Yo (;,-(0. ~ L - 391.96' If' \ ~ 1.~ EXHIBIT "A" ~. f NORlH RICHLANO BLYO. ,J.. .;;\ PROPOSED VARIABLE WIDTH oJ,' \ ~ \~ PERMANENT STREET ~,' r - -¡ 1': 0;. RIGHT-OF-WAY -+ , ~ '0.0603 AC. (2,625 SQ. FT.) ¡ /1 o~· " & ~ /~ ~ 6. - 52"25.1r~/ /.J' ~ . CITY OF' N?Rl"i R - 450.00 I ~ \ "0 , RICHLA¡;O HIL!.S L - 411,70' r '" ~ 2 I \ (:/. , VOL. 11827, PC. 1482 I 2 G ci I ' \S'~ ~O'P.' T.C. T. 1-r,,' If I 15 ~ C:...: '\ "I/. ~IS'~, I / ~ i!: ~ ~ / ' ~/ vIS'. 5.0~,... ^ .~¿a: ~, '\ ~ ,. " "'ZC)cL "'~ \. ..<:> 'I. ~ ,. ... >- ,., ~\ -1. 'I. "'~ sš"! 't'ç,; ?>-L ,\ 0 ~ . '\ ï It-- çt :z: '\ ~)- EXHISIT "s" \ LOT 1. BLOCK 37 HOWOA Y Yr£ST SECTION 2 VOL. 388-172. PC. 73 P.P..T.C.T. 'r-~ «", :-{\.. 00<V~ '0 PARCEL 8 KEF NO. 3-371-616 HOUDA Y LANE, STREET & DRAINAGE IMPROVEMENTS SECTION A2 CITY OF NORTH RICHLAND HillS 7301 NE LOOP 820 NORTH RICHLAND HIllS, TX 76118 BLOc!( 21 COLl.£CE HILLS ADDN. VOL J~~-1 H. PC. 99 P.R.T.C.T. W. W. WAlLACE SURVEY ABSTRACT NO. 1606 2 I 1 P.O.B. EXHIBIT" A" 20R N2'4S'WE 24.68' I I \ I I I I / / .' ,./ ,/ .o'" BLOc!( J2. Lor 2 \ HOUOAY NORTH SECTION 7 VOL J~8-140. PO. II P,R. T.C. T. o 100' 200' ~ I GRAPHIC SCALE IN FEET 1" = 100' Ol~ ,,';:;J HOUOAY NORTH SECTION 7 VOl. J8~-140. PO. II p.R.r.C.T. RE~SED ON 4-10-95 ""81--- OS~ ~ SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 427-1094 DATE: 2-22-95 COGO FILE: NONE ACAD FILE: 427-A-B DRAWN BY: S.G.S. COMPUTED BY: S.G.S. CHECKED BY: S.G.S. 352 HURST BL YO. HURST. 'IX 76053 (817) 28'-/;QII' Page 1 of 2 KEF NO. 3-371, PARCEL NO.8 CITY OF NORTH RICHLAND HILLS HOUDA Y LANE STREET AND DRAINAGE L\rPROVE~!ENTS SECTION A2 EXHIBIT 'A" PERMANENT STREET RIGHT-OF-WA Y W. W. WALLACE SURVEY, A-1606. CITY OF NORTH RICHLAND HILLS TARRANT COUNTY. TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip being out of a tract of land conveyed to Donald E. Pentecost by deed as recorded in Volume 10066, Page 804 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip of land also being across Lot 2, Block 37 of Holiday West, Section 2 being an addition to the City of North Richland Hills as recorded in Volume 388-172, Page 73 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said strip of land being herein described as variable width proposed Permanent Street Right-of-Way and being more particularly described by metes and bounds as follows: BEGINNING at the northeast property corner of the said Lot 2 and the southeast proper- ty corner of Lot 1, Block 21 of College Hills Addition, being an addition to the City of North Richland Hills according to the plat as recorded in Volume 388-124, Page 99 of the P.R.T.C.T.; THENCE, South 2 degrees 45 minutes 11 seconds West, along the easterly property line of the said Lot 2 and along the existing westerly right-of-way line of Holiday Lane, 49.75 feet to an iron rod at the beginning of a curve to the right whose center bears North 86 degrees 41 minutes West 417.89 feet; THENCE, in a southwesterly direction along the southeasterly property line of the said Lot 2 and along the existing northwesterly right-of-way line of Holiday Lane and along the said curve, through a central angle of 53 degrees 44 minutes 26 seconds and an arc length of 391.96 feet to an iron rod at the most southerly property corner of the said Lot 2; THENCE, North 41 degrees 26 minutes 36 seconds West, along the northeasterly proper- ty line of a tract of land conveyed to the City of North Richland Hills by deed as recorded in Volume 11627, Page 1482 of the D.R.T.C.T. and along the south- westerly property line of the said Lot 2, 5.04 feet to a point on the proposed new northwesterly right-of-way line of Holiday Lane, said point also being at the beginning of a Curve to the left whose center bears North 34 degrees 49 minutes 38 seconds West 450.00 feet; THENCE, in a northeasterly direction along the said proposed new northwesterly right.of-way line and along the said curve, through a central angle of 52 degrees 25 minutes 11 seconcU and an arc length of 411.70 feet to a point; THENCE, North 2 degrees 45 minutes 11 seconds East, along the proposed new westerly right-of-way line of Holiday Lane, 24.68 feet to a point on the northerly property line of the said Lot 1, Block 37 of the Holiday West Addition and on the souther- ly property line of the said Lot 1, Block 21 of College Hills Addition; THENCE, North 89 degrees 51 minutes East, along the said property lines, 2.00 feet to the POINT OF BEGINNING. The Permanent Street Right-of,Way herein described contains 0.0603 acres (2,625 square feet) of l¡u¡d, more or less. 119tz... ð~~9 Page 2 of 2 KEF NO. 3-371, PARCEL NO.8 CITY OF NORTH RICHLAND HILLS HOUDA Y L~NE STREET AND DRAINAGE IMPROVEMENTS SECTION A2 EXHIBIT "A" (continued) W. W. WALLACE SURVEY, A-1606 CITY OF NORTH RICHLAND HILLS TARRANT COUNTY, TEXAS . In addition to the above described proposed Permanent Street Right-of-Way, a proposed 5 foot wide Temporary Construction Easement is herein described as being a strip of land immediately adjacent to the west side of the above described proposed Permanent Street Right-of-Way. The said proposed Temporary Construction Easement contains 0.0498 acres (2,170 square feet) of land, more or less and is shown herein on the draw- ing attached as Exhibit "B". TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY TH.~T THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND TH.A. T SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. By, Ji--. ~u ~ Shaun Spooner . Registered Professional Land Surveyor, Texas No. 4183 Date of Survey 2-22.95 Revised on 4-10·95 11987- o.,~o D195090950 CITY OF N RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS 76180 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF N RICHLAND HILLS RECEIPT NO 195196359 REGISTER RECD-BY DR93 T003957 PRINTED DATE TIME 06/01/95 14:44 1 INSTRUMENT FEECD D195090950 WD INDEXED TIME 950601 14:43 CA TOT A L DOCUMENTS: 01 FEE S: 15.00 B Y: , ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Jt"\rt_ - -- . CITY OF NORTH RICHLAND HILLS Department: Finance / Management Services Council Meeting Date: 6/26/95 Subject: Award Bid for Tore Mowers Agenda Number: PU 95-43 In the 1994/95 approved budget, City Council appropriated funds for the purchase of two riding mowers to be used by the Park and Recreation Department. Formal bids were solicited and the results are outlined below. Goldthwaite's of Texas ................,~.....,.w, 120'<' . . .......;::;=...:.- :: " .·..:~..~...t:...,.;..~..:.....: Foreman's $34,336 This equipment will replace two existing mowers that are scheduled for replacement. Goldthwaite's of Texas met all the specifications and requirements of the bid and can deliver the equipment in three weeks. Recommendation: It is recommended City Council award the bid to Goldthwaite's of Texas in the amount of $20,380. Source of Funds: Bonds (GO/Rev.) _ . Operating Budget L '''---. Other Finance Review Acct. Number 06-01-03-6600 Suffi . nt Funds Available FtMnce Director ture CnYCOUNC~ACnON"EM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: ApprOve Budget for ROdger line Drive, Ph. B (Calloway Branch to Booth-Calloway Road) Agenda Number: 6/26/95 PW 95-36 Subject: This section of Rodger Line Drive includes the paving and drainage improvements from Calloway Branch to Booth-Calloway Road. It does not include the bridge crossing the Calloway Branch. Currently, the only budget approved for Rodger Line Drive is the budget for the bridge (12/13/93; PW 93-47). This phase of Rodger Line Drive is an assessment project with a total estimated cost of $280,960. Funding Source: From: Unspecified Street CIP Fund Balance $322,100 $322,100 * To: Rodger Line Drive, Phase B (Engineering- $22,100, Construction - $300,000) (*Approximately $247,902 will be reimbursed to City through covenants or assessments over the next four years.) Recommendation: Staff recommends Council approve the budget for Rodger Line Drive, Phase B and the transfer of funds as indicated above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot r Acct. Number Suffi ¡ant Funds Available Head Signature CITY COUNCIL ACTION ITEM FlnMce Director Page 1 of /~¡; Af'~ø' /'" ..~.. ,.,'4I{ -.' ...,.....---~~"~ \ ¡ _/ ~' ~ ~ ~ifj;J$; \-, ,/ ./~-;.c, ~,(1 i),~----;' -ì-¡-- ~. ,.or .-.< _ \ '1-7Pdli' · ":~""ol . .. /" -I'.,¡r..L.4';" ,,:;r . ¡ "~("'(' I ", , ,~ / ,9 PO"O"O . , ". .....4 IIOC.. 11\1t!ik.( /" /' 01--:'" / / . A ,) '" / /,' ......PoPOc:.tD /__-4'" /~."SoI ( A. // // ~;o ~g ,..." ~!a Sc: ZZ ",., ",0 ,.,;0 n- :::t~ ~ .. ~úf' C¡r,¡'fJt¡.....: f "'~7:'["'''' ~ 8a~l""'~ §1ii'; '-,', ¡ VI 1· 7 t:f~~ I, a> ' ' . V I~ I ~ ~- I i~,1 4-1'~i~ :-='- - 1':1 I:;::a·· .--=E::::f 'G I ;Þ-O', <Or-<............ 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C '0 P _Z 0> CJ 01 ° 8 U CD :-' .... .... <II .. - BOOTH CALLOWAY ROAD CITY OF NORTH RICHLAND HILLS ) '--r Department: Public Works Council Meeting Date: Approve Transfer of Water and Sanitary Sewer Impact Fee Funds Agenda Number: 6/26/95 PW 95-31 Subject: The balance in the impact fee funds as of December 31,1994 was $746,235 for water and $103,823 in sewer. Some of the reimbursable costs to developers who have installed part of the projects for the Impact Fee Capital Improvements Program (CIP) is still remaining to be paid out over several more years. Also there have been several projects which have been installed by the City but the reimbursable monies from these projects have not been transferred from the Impact Fee accounts to the Utility CIP Fund. A summary of the payoffs as well as the proposed transfers are shown below. Water Impact Fee (02-00-00-4536) Beginning Balance (12-31-94) $746,235.00 Remaining Balance for Payoffs to Developers 1. Forest Glen Water (PW 95-07, 2/13/95» <86,740.59> Projects Eligible for Reimbursement and Completed by the City 1. D.l. Hall Water Transmission line (Final Pay $447,625.60, PAY 91-05, 4/8/91) <409,736.00> 2. Precinct Line Road Water Main (Martin Drive to Grapevine Highway) <25,463.34> Construction Division Costs (CD) $95,463.34 Aegon Escrow $70.000.00 Difference $25,463.34 3. Precinct Line Road Water Main (Martin Dr. to Woodland Oaks)(PW95-14, 3/27/95) <2,459.00> . Ending Balance: Water Impact Fees $221,836.07 Sewer Impact Fee (02-00-00-4537) Beginning Balance (12-31-94) $103,823.00 Remaining Balance for Payoffs to Developers 1. Shady Oaks Sewer (GN 90-156,11/12/90) <5,200.80> 2. Green Valley Sewer (PW 91-23,8/12/91) <7,674.50> Projects Eligible for Reimbursement and Completed by the City 1. Calloway Branch 21" Sewer (Booth Calloway to Grapevine Highway) (CD) <80,657.00> 2. Calloway Branch 24" Sewer (Glenview Dr. to Booth Calloway) (PAY 90-20,10/8/90) <6,880.00> Ending Balance: Sewer Impãct Fèes; $3,410.70 . Fundina Source: Sufficient funds are available in the Water and Sewer Impact Fee funds for these transfers to the Utility CIP Fund and the immediate payoffs of remaining reimbursable amounts to developers who are being paid out over a 5-year period. Recommendation: Staff recommends Council approve the transfer of funds as indicated above and the p~yment of remaining balances on 5-year agreements concerning impact fees. Finance Review FI.....ce OIr.Clot / I ~ CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve City-Developer Agreement for CIP Water System Subject: Improvements with North Tarr;¡nt P;¡rkway T ,tò for the Agenda Number: Forest Glenn Addition 2/13/95 PW 95-07 North Tarrant Parkway Ltd. (Developer) is ready to install the water mains which will serve the Forest Glenn Addition. The lO-inch water mains are included as lines P821O, P82l4, and P8220 in the Water and Wastewater Impact Fee Study (Study) dated May 4, 1990 by Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement up to a maximum of $148,850.00. Reimbursement is further limited to a percentage of the amount bid, which ever is less. By percentage, the maximum participation allowed is $86,740.59. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 1679, the Developer will be reimbursed 100 % of the total eligible costs upon completion and acceptance of the improvements. The final reimbursement amount will be $86,740.59. FllnrlinE SOllrrp.: Sufficient funds are available in the Water Impact Fee Account #02-00-00-0104 to make lump sum reimbursement of $86,740.59 upon completion and acceptance of the water lines (Impact CIP Water Lines P821O, P8214, and P8220). Rf"('om mp.nn;:¡ ti on: The staff recommends Council approve the City-Developer Agreement and authorize the Mayor to sign on their behalf. COMMENTS: Finance Review ~ Fin.""" O".C10f I,,', :-t . " <,-- . ~ . !~: ~ ' City of North Ric~land Hills and Watauga CAPITAL IMPROVEMENTS PLAN For Use In WATER AND WASTEWATER IMPACT FEE STUDY Prepared by Knovlton.English.Flovers, Inc. Consulting Engineers 283·6211 May 4, 1990 f1õ:p . ~3412\ ' i I ~~lltllllUlltmlllltll. I~N =.:::r ~/'{"\ ~~ §CL , = :::z "'" ~~~ ~/:-: = /-':' , I " ~ IInllln'ntltlll~ ' . ' / I ~fllllllfI"lfl1Itrlllllllll lllli fltffIlI1111 ttI€,\mìl 0" 0 8) Î) /.,. 2 ~ / '~ 1 Qnp . 8314 § r · , . :.';/ ~,/ c _, ,.' ,., ~ j / ;/ -'."',- - Ie = ~ ~ ~ i I~ ~" ~ç ~ ~ Cb )~,l' =~ ð .. ~~ = /'{"\ " 'I;, ~~' § co 'b :<:-,,:<:- ~ . ~", .. :0:. ~ ~ =t ~. .. '§d ! :'./ Cb, ".. _ § - § .~« "I " - § E..Ì'\¥., _~ :: ! 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N IID.-OQ,._ ., C)- --CD XI >-N ., ocu., '- CD_ 0 -1-0 c."'~'C"'c:u.O~"''C~oou oen ",&>.- "'''''c: 0> CÞ.,e c---O-m....., "t:J:J::r....._.., >'O-C'Q- '0 ZeD OIl....CD -coO ~z", -.c:u ~aJ- >~ OGJ "t:J-CJ_ -fD-C"C eo) &> 01 0 '" E 01'0 ., > <Þ 0"0 ... c: E c Z <Þ ~ c: <Þ 0 _ <Þ U.- <Þ '" 0:;;',- .c:·-<Þ-U _....~_... - Z C OIen 0 ...J", <Þ ~ <Þ <Þ "' ... cc E-~Eo..o..E« '" CD'-'-"C CD 41.-", :;,._ ._. u a. 01'0·- a. 0.- - - _ LL U. _ c: 0,- 41 C ....-.-., 0 :I-era: In 0 ...JO"aJUJt:)O"O"UJI-u.~uuUJz ..... I- en o U UJ t:) < a: UJ > « 0.. ------ ---------O-NM"'OI:I'&(') -NM..,4./1CO,.,...«)O')______ --------------- en UJ t- O Z e CITYOF . NORTH RICHLAND HILLS r ":epartmen t: -òubJect: Public Works/Utilities Approve Final Pay Estimate No. 4 /\'mntJnt of $36.303.34 to T"';-Tech for o.L. Hall Water Transmission in the Construction. lac. Main - Council Meeting Date: 4/08/91 Agenda Number: PAY 91-05 The CIP project was awarded by Council on November 12/ 1990 for $437/967.20 to Tri-Tech Construction, Inc. The total current contract price after approval of Change Order No.1 is $455/818.20. Final payment to the Contractor will make his total earnings on the project $447,625.60. The Contractor sUbstantially completed this project on March 21/ 1991. The contract completion date including change order was July 8, 1991. The project is now complete with all final adjustments having been made. Funding Source: Sufficient funds of $455,818.20 were previously appropriated by Council (PW 90-46/ 11/12/90; PW 91-07, 2/11/91). Recorronendation: The staff recorronends Council approve final payment to Tri-Tech Construction, Inc. in the amount of $36,303.34. " "- DATE: 4·1<11 r.oØ /Û / cPc.£1J¡) FROM: -; U 8 J (C T: //jtl 1- ()5 COU~:CIL ACTION: )3·MPROV~i:.D .- DISAPPr~OVED ICOM~/.ENTS: {? ø _ . . 1 ~ Finance Review Source of Funds: londs (GO/Rev.) ~ Operatin Budget Other ead Signatu e CITY COUNCIL ACT/ON ITEM Acct. Number 02-09-87-6000 SU~fICle~s Available ~# ¡J¡J /Þ~ City Manager Fln~nc. O'flcro, ~ .,-_.~.,-~-----~----- -" ? .' 0 8 I , I 16" 612 '~: 6" 0 e· lit I.J' 2" lOON , ex:> I 16" ~ eo: ..- Z' 631 16" ff 652 6" s" ~:. 4:~ 8"P.8264 '0 _ .... .... .... ~ 24- 24- I , .. ' , 6"/ I., 652 ,.J AMUNDSON ¡ ELEVATED . ! TANK : . 8¡ .,' 1.-. 641 .~~ v"~'1 " I 670 . . 1 ·_--,---1 ~ 12' ~ ö- 2" ~ 00 N CO . 0- - N' - , , ï:(:O .~ . ~p 8337 ~ ~~ --, ~ k: ' ' :it § r--.. 1 ')....... ' ," §:t co =N ~+^~... t :00 ~~ r-.~, § 1 O"P .8279 , ,. § 0... <".t 6 ~ -.?-................. -. - - -............ '!: 618 ': O~ ,. , ,',' -J, = 'f 01=2" ~-"é" ~= .' ~= ~... N .~ - ~ -. . if .. ... .. .. III ..-. ... I. -' :r--.. :: - -, I ,'. '~' ,ªN -: I ,'" . 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""0 N~.CO""~ll")mMO~...,o)O-M~NM~OOCl) NMOONOOO--...~~OOO_______N_O OOOOOOOOOO---OOOONOOOOOOOO COCCCCCONCI)CX)CIOCCClOMMMCCa;)CCCCNCCCCCCCCØClOCCCX) O-O'JCIOO'JO"'COV')V')CO """"MMIi')Il")_M-1i')1o() NNNN........MNMNN COCOCCa:)Il")&l')Il")CIOU""ICIOCCa:) MIo()O"'CONMNM~-N-N~""'_o)M...mO~M OO---......M----NNNMMNMM...,..nNN NNNNNNNNNNNNNNNNNNNNNNNN a:)CCCCCOCCCl)CCa;)a;)CCCOCCCCClOCIOCCCX)CI)CCCOCCCCCCCC GO OOMOOOOOOOOO <c<c "'a: a: a: a: a: a: a: a: a: 00- a:a: wwwwwwwww ZZZZZZZZZ WW .------___ »O...J...J...J...J...J...J...J...J...J 00> a:a:...J~1-1-1-1-1-1-1-1- C)t:!aJUUUUUUUUU ZZZZZZZZZ >->-(/)--------- OO-ÜÜÜÜÜÜÜÜÜ <C<C>WWWWWWUJWW :z::r <ca: a: a: a: a: a: a: a: a: (/)(/)0a..a..a..Q..a..a..Q.Q..a.. . . . >- >->->->->->->->~ zzzzzzz .:c:c:c:c~:c~:c~ OOOOOUJW 00~~~~~~~~a..~1-1- _____~I- a:a:Q..a..a..a..a..a..a..a.. UUU (/)(/)(/)(/)(/)XX I- ZZZZZWW UJUJI-I-I-I-I-I-I-I-ZZZZ WUJUJUJW ZZZZZZZZZZ<___ ~I-~.....~ . --<C<C<C<c<c<c<c<ca:...J...J...J XXXXXa:a: ...J...Ja:a:a:a:a:a:a:a:a:~~~ 'WUJUJWUJOO a:a:a:a:a:a:a:a:<ZZZOOOOO 1-1-<C<C<C<C<C<C<C<C.....<<C<a:a:a:a:a: '00 UU~I-I-I-I-~~~ a: a: a: OOOOOZZ zz ZLLLLLLZZZZZa:a:a:a:a:<c<c --:r:r:r:z::z::r:z::z: 00000 ...J...J ÜÜ~I-I-I-I-I-I-I-LLLLLLLL(/)(/)(/)(/)(/)ZZZZZO§ UJUJa:a:a:a:a:a:a:a:OOOO...J...J...J...J...JUJwwwwg a:a:00000000 -----00000 Q..Q..ZZZZZZZZZUJ~~~~~~~UJWUJWUJ~~ DATE: MARCH 24,1995 PREPARED BY: DAVID SMYTH REVISED MAY 17, 1995 PROJECT: AEGON/PRECINCT LINE RD. WATER LINE IMPROVEMENTS -fP ~ COMPLETION DATE: JANUARY 20, 1995 CITY OF NORTH RICHLAND HILLS CONSTRUCTION DIVISION cO, ,__I.IfM ~LT __.ffilQ.f; _Q!.LhNTIJY TOTAL 12" PVC WATER PIPE EA 9.78 40 391.20 12" GATE VALVE EA 522.00 2 1044.00 8" PVC WATER PIPE LF 4.32 3321 14346.72 8" GATE VALVE EA 262.96 7 1840.72 6" GATE VALVE EA 157.0~ 6 942.00 16" STEEL CASING (INCL. WLDG) LF 10.3ci 275 2862.50 BORE for 16" STEEL CASING LF 36.00 45 1620.00 SPACERS FOR CASING EA 23.00 30 690.00 CONCRETE ENCASEMENT LS 420.00 1 420.00 VALVE BOX EA 19.00 15 285.00 FIRE HYDRANT EA 530.00 6 3180.00 D. I. FITTINGS TON 1650.00 5 8250.00 CUSHION SAND CY 4.40 573 2521.20 WASHED ROCK TON 10.00 24 240.00 TREE REMOVAL LS 740.00 1 740.00 RENTAL EQUIPMENT LS 14600.00 . 1 14600.00 LABOR (incl. benefits) DAY 780.00 43 33540.00 OVERTIME LS 2950.00 1 2950.00 OVERHEAD MTH 2500.00 2 5P,O.o.~O..o $95,463.34 (CONTRACTOR BID) __ITEM -1! ~1I -EfilQ.f; ~8.NIJIY _T.Q]'AI.. 12" PVC WATER PIPE LF 21.00 40 840.00 12" GATE VALVE EA 940.00 2 1880.00 8" PVC WATER PIPE LF 15.0Q 3321 49815.00 8" GATE VALVE EA 560.00 7 3920.00 6" GATE VALVE EA 440.00 6 2640.00 WATER SERVICE TRANSFERS EA 660.00 6 3960.00 CONCRETE ENCASEMENT LF 20.00 45 900.00 16" WELDED STEEL CASING (BORE) LF 130.00 45 5880.00 16" WELDED STEEL CASING (OPEN) LF 58.00 240 13950.00 FIRE HYDRANT EA 1400.00 6 8400.00 D. I. FITTINGS TON 2300.00 5 11500.00 CUT AND TIE IN EXIST. W.L LS 300.00 1 300.00 SALVAGE VALVE & FH LS 600.00 1 600.00 TRENCH SAFETY LF 0.10 3300 330.00 GRAVEL DRIVEWAY REPLACEMENT LF 17.00 98 1666.00 TOTAL $106,581.00 NRH COST $95,463.34 CONTRACTOR EST. $106,581.00 SAVINGS 10.43% , i I'; ,0 , . 1,- \ '<T lD .1 -~ - "\ '. '" ,,'\ ZSZS'dIlS = bSZS'dIlS SSlS'dIlS J7rY n- ~""-r"---g~ 00 _ r<1 (.!) ø .0 N ø £ ~ø ~ø 00' a.., C:ø Ço~ :: , , ~- <.D ø ~~ NOO ø .~ ., - ¡¡ ~, . -N~1'r\ OOø = igJ - - - - - 4....- - ~ - - - - ~~ ::: ªc... ,- Ë:: - " I'- _ =00 ~ 'I <.D ª ê "¡:: = ~~~~' d ~ - ".:':: ê 1/ Ii NI:: :: ItU' II II II 111111111111 II III II flllfllllll 11.111111 1l1U1I1I 111/:1111111 111111111 II 1l1U 11I1I: ø 06~' dl/8 ª L6lS' dN8 § ·1: ª ê t I = = 'f_. ~ª êN ~~. = =0'1 ~ --,~ry' --- ~:: =N · I~ OOª §OO I. . .- _ . 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':r:::r:::r:::r:::r:::r:::r:::r::~ OOOOOUJUJ OOMOOOOOOOOOOOO~~~~~~~~o..~~~ _____~~ «~a::a:a:a:a:a:a:a:a:a::a:a:o..o..o..~o..o..o..o.. UUU (/)(/)(/)~(/)XX 00- ~ ZZZZZUJUJ a:a: WUJWUJUJWWWWWUJW~~~~~~~~ZZZz WUJWWW ZZZZZZZZZZZZZZZZZZZZ<--- ~~~~~ WW·------------««««a:...J...J...J XXXXXa:a: »O...J...J...J...J...JJ...J...J...J...JJ...Ja::a:a:a:a:a:a:a:a:~~~ 'WWWUJWOO 00> a:a:a:a:a:a:a:a::<ZZZOOOOO a:a:...J~~~~~~~~~~~~««««~«<a:a:a:a:a:: '00 <.::J<.::JCD~~~~~~~~~~~~~~~~~~~~Z~~~zzzzzêêêêê~~ >->-~------------:z:::z:::z:::z:::z:::z:::z:::z:: 00000 ...J...J OO-UUUUOUUUUUUU~~~~~~~~~LLLLLL(/)~(/)(/)~ZZZZZO§ «>WUJUJUJUJWWWWWUJWa:a:a:a:a:a:a:a::0000...J...JJ...J...JUJUJUJUJW8 :z:::z::<a:a:a:a:a:a:a:a:a:a::a:a:00000000 -----00000 (/)C/)Oo..o..o..o..o..~~o..o..o..~o..ZZZZZZZZZW:r:::r::~~~:r:::r::UJUJUJWW:r::~ ~ CITY OF NORTH RICHLAND HILLS Department: Public Works Ratify Change Order No. 1 for Precinct Line Road Subject: Utility Adjustments. Phase I Council Meeting Date: 3/27/95 Change Order NO.1 is for the construction of an additio al 314 linear feet 0 12-inch diameter PVC water line. The additional water line was needed to 0 an existing house located on the west side of Precinct Line Road. The service to the house was previously provided by a 2-inch water line from the south located underneath the existing pavement. The existing 2-inch water line was abandoned and the new 12-inch water line was extended from the north to this property. Agenda Number: PW 95-14 The City Manager authorized staff to proceed with the work in order to not delay the utility adjustment construction. The cost for Change Order NO.1 is $6,594.00 with no increase in the bid time. With approval of this change order the new contract price for this project will be $377,545.70. Funding Source: A portion Sufficient funds Recommendation: Staff recommends the Council approve Change Order NO.1 in the amount of $6,594.00. . _-.c¡,~"".__,_... _1 Finance Review CITY COUNCIL ACTION ITEM Finance O".C10' C''''urce of Funds: onds (GO/Rev.) Operating Budget Ot r D___ -of _I N®Rl1-1 RICH LAND h ,1 L L S PURCHASE PAYMENT ORDER ) 132252 DATE C}Ofn. / 0/ i q 1:5 1JG~1iAéJ Welk ¡j) 1. ConIr.cllltm (A_..... NoI Uml.d) 0 2. Purc"'. Undor U50.00".r "em 0 J. R.pel,.. 0 ~. S.....Ic.. 0 ð. TioiniRQI TUition (0..... Suboalpllon, IHmborollipo, .IC.) 0 e. Tr...1 (A<lterooel ~"""nI) 0 7. UlMli.. (au' EIoc.1 PhO....) e, P.rmI1t1 F... 8. R.nl" 10. L.... 11. Ad'ttrt..ment 12.01ll.r o o o o o o DEPT. FUND ACCOUNT CODE 1. ~~,-C!n -, O~ ~(¡ìOûO 2, 3. &1/ 9ò .~ O.,taor of Flnanee CII'( ....Mg4r R.qulr.d on 011 pure""... in uc... 01 $1000,00 do..,.. j- .nd Approv.1 Purc:h...ng·AQ.nl Approv.d for Paymant N®R1I-I RICH LAND f-f·'I L L S PURCHASE PAYMENT ORDER 132254 DATE y()¿?! !Ir¡ (1fJð !JcLbé( (D Í{)út/i! IJ.J VENDOR DEPT. ADDRESS ,. Contract ".m (Amo.....\ Not Um..cI) a 2. Purc"', Undor usa.OO p.r..... a J. R.pal,.. a .. S.....Ice. a 6. Troln1nW Tulllon (0..... 8uboQ'lpClo<1. M.mbo,.."lpo. .tc.) a e. Tro..' (A<I>Ianoo/ ~""nI) a 7. UlUi.. (G.o! EIoc./ Plio"') e. P.rmlloI F... 8, R.nt" , O. L.... 11. Adv411..m.nl 12.0\11" a q a a a a a FUND ACCOUNT CODE 1. () t) -C} ~ - () '3 . (¡; 0 Ôf) 2. 3. ", DESCRIPTION AMOUNT - ~~ {((t·'/ -' - - O,r.øor 01 FInane. 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""~ . . 0 0 0 . 0 0 N /' . Prepared By: David Smyth Date: March 6, 1995 Precinct Line Road Utility Adjustments Riviera Drive _/ CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT CONSTRUCTION DIVISION PROJECT SUMMARY REPORT PROPOSED PROJECTS MARCH 6, 1995 LlNEfTYPE QTY/L.F. % COMPo DATE FIN. MAT. lABOR TOTAL 21" Sewer 2650 L.F. 95% 03/06/95 $183,113 $70,500 $253,613 8" Water 3400 L.F. 99°~ 03/06/95 $58,973 $36,490 $95,463 MISCELLANEOUS 1993/94 WATER LINE REPLACEMENT PROJECT 6" Water 3450 L.F. 80% 03/06/95 $25,308 $26,523 $51,831 ~ .:; ¡ o' Ò f I I ;"" :.: :J';'{;- 6" . J -_1 . . _ . . ------....-. ~ . 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NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN Q-N ..... .....""ao....COO>OO>O.....-CONMNM.....""eo....aoO>O-N.....""COaoO>O_NM.....""CO -O-~-~----------NNNNNNNNMMMMMMM OOM M 00 NN_ <"IN N »>->->->>->->>>->->->->>>->->->->->->->->>->->->->->->->->->->->->->->->- ðððgððððgðððð~gððððððððggððgðgðgggððgggðð ...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J ...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J...J~...J...J ««««««««««««««««««««««««««««««««««««««««« U üUU ÜÜ Ü UUÜ U Ü Ü üUU U Ü U Ü üU U U U U U U U U U U U () () ,)""""" ---->-~'-------~~--- / I '~epartment: CITY OF NORTH RICHLAND HILLS ~ubject: Public Works/Utilities Approve F~nal Pay Est~mate No. 1U ~n the Amount of $21,184.79 to M.A. Vinson Construction Co. for Ca oway Branc Dra~nage anne mprovemen s, ase Council Meeting Date: 10/08/90 Agenda Number; PAY 90-20 . . t/'L The CIP project was awarded by Council on August 14, 19~for $424,393.00 to M.A. Vinson Construction Company. Final payment to the Contractor will make his total earnings on the project $423,695.71. The Contractor substantially completed this project on June 12, 1990. The project was completed in 240 calendar days versus the 180 days bid. Due to an abnormal amount of wet weather during the construction period, the bid time was extended considerably. Though 7 days of delay cannot be attributed to wet weather, staff does not recommend liquidated damages. The Contractor did several ~.lsks not required by contract. The Contractor cleared the box culvert at Glenview Drive of sediment twice, cleared sediment from the box culvert under Booth Calloway, and restablized approximately 200 linear feet of the east channel slope upstream of the north end of the project. The project is now totally complete with all final adjustments having been made. ) Fundinq Source:: 13-21-87-6000 Calloway Branch, Ph.I ,-Construction $417 , 456.00 Budqet Total Expenditure Transfer to Drainage Unspecified Transfer to Utility Unspecified $399,122.21 $18,333.79 02-09-84-6000 Calloway Branch, Ph. I Sèwer Construction j 34,000.00 Totals ~ $451,456.00 1 24,573.50 $423,695.71 19,426.50 $18,333.79 $9,426.50 Recommendation: DATE: /fl/?/t?o Td A)~êl.l/l7d The staff recommends Council approve final payment st'9J~fI.. in the amount of $21,184.79 .and the transfer of fu ds. . COUNCIL ACTION: COMMENTS: L . Finance Dlreclor I I I I I I ~~'Irce of Funds: nds (GO/Rev.) t1peratlng Budge Othe GO/REV Finance Review Acct. 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CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Final Pay Estimate No. 6 in the amount of $106.492.78 to Fox Contractors, Inc. for Agenda Number: Davis Boulevard Utility Adjustments, Phase II 6/26/95 PAY 95-11 Subject: This project was awarded by Council on October 10, 1994 for $628,505.50 to Fox Contractors, Inc. Final payment to the contractor will make his total earnings on the project $582,959.10. The contractor will earn $45,546.40 under the original contract amount. The contractor sUbstantially completed this project before the contract completion date of April 2, 1995. The project is now complete with all final adjustments having been made. Funding Source: Sufficient funds of $630,000.00 were previously appropriated for construction by Council on 10/10/94, PW 94-36. Recommendatiol1: The staff recommends Council approve final payment to Fox Contractors, Inc. in the amount of $106,492.78. Source of Funds: Bonds (GO/Rev.) ,Operating Budget _ Ot r Finance Review Acct. Number 02-91-05-S000r' Suffcient Funds Available Fln""œ Director natu e CITY COUNCIL ACTION ITEM Page 1 of · KNOWL TON-ENGLISH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas June 21, 1995 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-568 CITY OF NORTH RICHLAND HILLS DAVIS BLVD. (F.M. 1938) UTILITY ADJUSTMENTS CONTRACTOR'S PARTIAL PAY ESTIMATE NO.6 & FINAL Enclosed is one copy of Revised Contractor's Partial Pay Estimate No.6 and Final, dated June 21, 1995, made payable to Fox Contractors, Inc., in the amount of $106,492.78, for materials furnished and work performed on the referenced project as of April 30, 1995. This project includes water and sanitary sewer utility adjustments on Davis Blvd. (p.M. 1938) from Starnes Road to the NRH/Keller City Limits as required to clear the right-of-way for paving improvements by the State. The following is a summary to the project status to date: TOTAL CONTRACT PERCENT BREAKDOWN THIS MONTH EARNINGS AMOUNT COMPLETE (lncl. Retainage) Water $104,292.78 $574,159.10 621,005.50 92.46 Sewer 2,200.00 8,800.00 7,500.00 117.33 TOTALS $106.492.78 $582,959.10 $628,505.50 92.75 TIME (Calendar Days) 188 160 117.50 Corrections were made to the Contractor's submittal as noted on his attached invoice. The Contractor has completed work on the items covered in Change Order No.1, which is submitted for final approval. The following adjustments to the contractor's request for final payment invoice have been made: 1. Based on supplier invoices submitted by the Contractor, the Ductile iron fittings weight total of 14.71 tons has been verified. 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 Page 2, June 21,1995 Davis Blvd. (F.M. 1938) Contractor's Estimate No.6 and Final (Revised) 2. Payment provided under item 44W, Misc. Water Allowance, for extra bore costs at Timber Drive, and for valves excavated and plugged (see attached explanation). 3. Payment provided under item 45W for Concrete Encasement under TRA sewer line (see attached Change Order No.1). 4. Payment provided under item 4S, Misc. Sewer Allowance, for extra split casing, concrete encasement, etc. (see attached explanation). 5. In accordance with Change Order No.1, attached, we assume that the final quantities in the contractor's pay request reflect deductions for items 6W, 13W, 20W, 26W, 41W, 43W, and additions for items 17W, 4W, 5W, and 30W. This should be verified by the project inspector. Based on the contract unit prices and quantities submitted by the Contractor, with adjustments to these quantities as noted above, final Contractor earnings total $582,959.10, which is $45,546.40, under the original contract amount of $628,505.50. We understand that the Contractor was substantially complete before the contract completion date of April 2, 1995, and therefore, no liquidated damages should be assessed. The two (2) year period of maintenance begins on this date, and therefore, will terminate on June 21, 1997. The maintenance obligation includes recompaction of improperly compacted trenches, repair of water line breaks and sanitary sewer line breaks and/or stoppage, and other equipment furnished and installed under this Contract. After the final quantities and conditions of the project have been verified on-site by your representative, Mr. Bill Rutledge; in the absence of any negative reports concerning the condition of the project, and after the Contractor has signed an Affidavit stating that all bills and subcontractors have been paid, we recommend that this final payment, in the amount of $106,492.78, be made to Fox Contractors, Inc., P.O. Box 951, Midlothian, Texas, 76065. We will be present at the June 26, 1995, meeting to answer questions which the Council may have concerning this project. Meanwhile, please call if we can be of further assistance. /.) 'W ~ ~,P.E·. RW A/lld/EnclosureslFinaI.568/ Page 3, June 21, 1995 Davis Blvd. (F.M. 1938) Contractor's Estimate No.6 and Final (Revised) xc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Mike Curtis, P.E., Capital Projects Coordinator Mr. Bill Rutledge, City Inspector Mr. Charles Kitchens, TxDOT Utility Coordinator Mr. Bob Fox, Fox Contractors, Inc.