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HomeMy WebLinkAboutCC 1995-08-28 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA AUGUST 28, 1995 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER nEM ... ACTION TAKEN .. 1. IR 95-106 Walkers Branch Channel Improvements, Phase II (15 Minutes) - 2. Review of 1995/96 Park CIP Budget (10 Minutes) 3. GN 95-109 Establishment of Permanent Street Maintenance Fund - Resolution No. 95-47 (Agenda Item No. 12) (5 Minutes) 4. GN95-112 Iron Horse Management.Contract (Agenda Item No. 15) (10 Minutes) 5. GN 95-113 Approval of Cable Service Franchise Transfer from Sammons Communications, Inc. To Marcus Cable Associates, L. P. and Acceptance Agreement - Ordinance No..1 066 (Agenda Item No. 16) (5 Minutes) 6. GN 95-115 Interlocal Agreement for Household Hazardous Waste Collection (Agenda Item No. 18) (5 Minutes) 7. PW 95-55 Approve Contract for Engineering Services for Knowlton-English-Flowers, Inc. For Rufe Snow Drive (IH 820 to Watauga Road) (Agenda Item No. 22) (5 Minutes) Page 2 NUMBER ITEM ACTION TAKEN 8. PW 95-56 Award of Bid on Holiday Lane, Section A2, Paving, Drainage and Signalization Improvements (Agenda Item No. 23) (10 Minutes) - 9. PW 95-57 Award of Bid on Rodger Line Drive, Phase B Paving, Drainage and Bridge Improvements (Agenda Item No. 24) (5 Minutes) 10. Other Items 11. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Consultation with attorney under Gov. Code §551.071 : Consider Watauga vs. NRH 12. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA AUGUST 28, 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 August 14, 1995 5. Presentations by Boards & Commissions a Beautification Commission Minutes b. Cable Television Board Minutes c. Parks and Recreation Board Minutes Page 2 I NUMBER ITEM ACTION TAKEN 6. Presentation of "Yard of the Month" Awards 7. Presentation of the "Landscape of the Month" Award 8. Removal of Item(s) from the Consent Agenda 9. Consent Agenda Item(s) indicated by Asterisk (12,14,15,16,17,18,20, 21, & 22) 10. PZ 95-15 Public Hearing to Consider the Request of U-Haul of Texas to Rezone Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606, from C-1 Commercial to C-2 Commercial - Ordinance No. 2067 (Located at the southwest corner of Grapevine Highway and Harwood Road) 11. PZ 95-16 Public Hearing to Consider the Request of U-Haul of Texas for a Special Use Permit for a Mini- Warehouse Facility on Tract 14C and a Portion of Tract 14B, Wallace Survey, Abstract 1606 - Ordinance No. 2068 (Located at the southwest corner of Grapevine Highway and Harwood Road) Page 3 NUMBER ITEM ACTION TAKEN *12. GN 95-109 Establishment of Permanent Street Maintenance Fund - Resolution No. 95-47 13. GN 95-110 Hearing on 1995-96 Proposed Tax Rate . *14. GN 95-111 Approving the Congestion Mitigation and Air Quality Improvement Program (CMAQ) Agreement with TxDOT for the City Wide Trail System Route Maps and Signs - Resolution No. 95-49 *15. GN 95-112 Iron Horse Management Contract *16. GN 95-113 Approval of Cable Service Franchise Transfer from Sammons Communications, Inc. To Marcus Cable Associates, L.P. and Acceptance Agreement - Ordinance No. 2066 *17. G N 95-114 AudioNisual System for City Hall Complex - Change Order NO.4 *18. GN 95-115 Interlocal Agreement for Household Hazardous Waste Collection - Resolution No. 95-50 Page 4 NUMBER ITEM ACTION TAKEN 19. GN 95-116 Lone Star Gas Rate Filing - Ordinance No. 2070 *20. PW 95-52 Approve Amendment to Construction Agreement with the Trinity River Authority for Little Bear Creek - Wastewater Interceptor Relocation on Precinct Line Roàd - Resolution No. 95-48 *21. PW 95-53 Ratify Contract for Appraisal Services with Ferree & Search, Inc. for Rufe Snow Drive Reconstruction Project (Onyx Dr. North to Glenview Dr.) *22. PW 95-55 Approve Contract for Engineering Services with Knowlton-English- Flowers, Inc. For Rufe Snow Drive (IH 820 to Watauga Road) 23. PW 95-56 Award of Bid on Holiday Lane, Section A2, Paving, Drainage and Signalization Improvements 24. PW 95-57 Award of Bid on Rodger Line Drive, Phase B Paving, Drainage and Bridge Improvements POSTED y/ ~<¡/q5 25. Citizens Presentation Date 4'35 LJ. rn Time p.f: bÞ City Secretary 26. Adjournment ~'tV INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-105 "-- ~ Date: T Subject: August 28, 1995 '95-96 Iron Horse Budget The cover letter in the Golf Course Budget you received is incorrect. It stated that we were suggesting our first resident fee increase. The figure of $1 should be $2. Representatives of EAGL will be at Pre-Council to discuss this years budget and their contract. If there are no changes, the Golf Course Budget will be presented for adoption with our '95/96 Operating Budget. Call if you have questions. -- ReSpectf~Ubmitted , c.ßianford 1 J City Manager CASlgp ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-106 ~ Date: T Subject: August 28, 1995 WALKERS BRANCH CHANNEL IMPROVEMENTS, PHASE II The channel improvements on Walkers Branch from just north of Cardinal Lane north to just downstream of Amundson Drive are part of the 1985 G.O. Bond Election package. The improvements were designed to be full concrete channel lining in order to contain a 100 year frequency storm runoff from a fully developed upstream watershed._ In coordinating with the US Army Corps of Engineers for a Section 404 Permit and discussing drainage easement dedication with adjacent property owners, there has been further discussion about alternative designs for the channel. Our consultant has taken a look at an alternative design which will provide greater channel capacity upstream of Main Street than exists today and will have minimal impact on the property downstream of Main Street. The results will be distributed at the Pre Council meeting. Respectfully submitted, <'-' ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . August 18, 1995 /, / \ KNOWL TON- ENGLlSH- FJ-~\VE~S, INC. ~\ \"." ,...,>."..' . \ CONSUL TING ENGINEERS I Fort Worth- á.!J.1.s. ;/ ',. A, \ '\. 0..--::./" /;:;.., '\..) /' /' \'>:V (- i-:::>", \~ aJ . .,-¡ /' \0.':) ,) / ,.... -'l' a.. ,\J /' ,/ . / ,/ \'" .- " (::,--;':-:' , r~ ;/. /. \'.'\ ',\. ~'o /' ,,/' \{~V / V 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: 3-354 CITY OF NORTH RICH LAND HILLS WALKERS BRANCH CHANNEL IMPROVEMENTS CHANNEL SECTION ALTERNATES As you instructed, we have prepared exhibits (attached) which show concrete versus earthen channel alternates for the section of Walkers Branch between Cardinal Lane and Main Street. The earthen channel section, as shown on the attached exhibits, is about twice the width of a concrete channel as required to convey the 100-year discharge. Hydraulic information is noted on the "Typical Section Alternates" drawing. We have made a preliminary HEC-2 run to verify that the earthen alternate section will carry the 100-year discharge, and it works O.K., (assuming there are no obstructions in the channel such as trees, etc.). Also, the covered bridge was removed for the earthen HEC-2 run. We have not prepared a cost comparison of the two alternates because additional field survey data will be required for the extra earthen channel alternate width. Please call if you have any questions or require additional information. ~w,~ RICHARD W. ALBIN, P.E. RW A/ra/EncIosures/chanalt.354/ cc: 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. Mark Bradley, R.O.W. Agent 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021.817/283-6211 . METRO 817/267-3367. 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CALL TO ORDER Mayor Pro Tem Johnson called the meeting to-order August 14,1995 at 7:30 p.m. ROLL CALL Present: JoAnn Johnson Mack Garvin Mark Wood Ray Oujesky Byron Sibbet Mayor Pro Tem Councilman Councilman Councilman Councilman Staff: C.A. Sanford Randy Shiflet Larry Cunningham Jeanette Rewis Rex McEntire Kevin Miller City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Engineer Absent: Tommy Brown Lyle E. Welch Linda Sansoucie Greg Dickens Mayor Councilman Councilwoman City Engineer 2. INVOCA TION Mayor Pro Tem Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JULY 24, 1995 APPROVED August 14, 1995 Page 2 Councilman Wood moved, seconded by Councilman Garvin, to approve the minutes of the July 24, 1995 Council meeting. Motion carried 4-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9,10,11,12,14,15,16,20,21,22,26,27, 28,29,30,31,32,33,34,35&36) APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve the Consent Agenda. Motion carried 4-0. 8. PZ 95-17 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DUININCK BROS. FOR A SPECIAL USE PERMIT FOR A TEMPORARY CONCRETE BATCHING PLANT ON A PORTION OF TRACT 11, TK MARTIN SURVEY, ABSTRACT 1055 (LOCATED 300-FEET EACH OF THE END OF PEARL STREET ALONG THE EXTENSION OF WATAUGA ROAD) APPROVED Mayor Pro Tem Johnson opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mayor Pro Tem Johnson called for anyone wishing to speak in opposition to come forward. August 14, 1995 Page 3 There being no one wishing to speak Mayor Pro Tern Johnson closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 2064. Motion carried 4-0. *9. PS 95-14 - REQUEST OF JOHN PRINCE FOR REPLA T OF LOT 14, AND A PORTION OF LOT 15, BLOCK 2, BRIARWOOD ESTATES (LOCATED IN THE 7800 BLOCK OF HIGHTOWER DRIVE) APPROVED *10. PS 95-22 - REQUEST OF BRANHAM GARTH FOR REPLA T OF LOTS 9R AND 10R, BLOCK 12, RICHLAND TERRACE ADDITION (LOCATED AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND MAPLEWOOD AVENUE) APPROVED *11. PS 95-24 - REQUEST OF THE CITY OF NORTH RICHLAND HILLS FOR REPLAT OF LOTS 1R AND 5-8, BLOCK 31, RICHLAND TERRACE ADDITION (LOCATED AT 7301 NORTHEAST LOOP 820) APPROVED *12. PS 95-27 - REQUEST OF PACE MEMBERSHIP WAREHOUSE FOR REPLA T OF LOT 2R, BLOCK A, RICHLAND OAKS ADDITION (LOCATED AT 8651 AIRPORT FREEWAY) APPROVED 13. GN 95-101 - CONSIDER TAX RATE FOR 1995/96 FISCAL YEAR August 14, 1995 Page 4 Councilman Wood moved, seconded by Councilman Oujesky, to approve GN 95-101. Motion carried 4-0. *14. GN 95-102 - SET DATE FOR PUBLIC HEARING ON PROPOSED199~96BUDGET APPROVED *15. GN 95-103 - APPROVING THE ISTEA ENHANCEMENT GRANT AGREEMENT WITH TXDOT FOR THE LITTLE BEAR CREEK MULTI-USE BIKE TRAIL PROJECT _ RESOLUTION NO. 95-37 APPROVED *16. GN 95-104 - VACATE A PORTION OF AN EXISTING EASEMENT ON HOLIDAY NORTH ADDITION, SECTION 8, LOT 1, BLOCK 30 - ORDINANCE NO. 2065 APPROVED 17. GN 95-105 - APPOINTMENT TO TOWN HALL COMMITTEE Councilman Sibbet moved, seconded by Councilman Oujesky, to appoint Mr. Billy Moore to Place 6 on the Town Hall Committee. Motion carried 4-0. 18. GN 95-106 - LONE STAR GAS COMPANY RATE INCREASE- RESOLUTION NO. 95-46 APPROVED Councilman Wood moved, seconded by Councilman Oujesky, to approve Resolution No. 95-46. Motion carried 4-0. August 14, 1995 Page 5 19. GN 95-107 - APPOINTMENT TO LIBRARY BOARD PLACE TWO Councilman Wood moved, seconded by Councilman Sibbet, to appoint Ms. Joyce Moody to Place 2 on the Library Board. Motion carried 4-0. *20. GN 95-108 - CONTRACTUAL SERVICES FOR CRIME CONTROL DISTRICT STUDY APPROVED *21. PU 95-50 - AUTHORIZE COMPUTER PURCHASE FROM DEPARTMENT OF INFORMATION RESOURCES COOPERATIVE PURCHASING CONTRACT APPROVED *22. PU 95-51 - AWARD BID FOR VEHICLES APPROVED 23. PW 95-41 - PUBLIC HEARING ON GREEN VALLEY DRIVE SANITARY SEWER ASSESSM ENTS Mr. Kevin Miller, Assistant Public Works Director, explained the scope of the project. Ms. Martie Jackson, appraiser, presented the Enhancement Study. Mayor Pro Tem Johnson opened the Public Hearing and called for anyone wishing to speak to come forward. The following appeared before the Council: August 14, 1995 Page 6 Mr. Mark Austin, 6918 Green Valley, representing his mother, asked for a zero balance for his mother. He stated they had given right-of-way and they would like to break even. Mr. Burley Golden, 6924 Green Valley, stated he felt the assessment was too high. Mr. Ron West, 5741 Linda Drive, Watauga, asked that he be allowed to go across the street and tap onto that sewer because it would be a lot cheaper. 24. PW 95-42 - DETERMINING THE NECESSITY FOR SANITARY SEWER IMPROVEMENTS ON GREEN VALLEY DRIVE - ORDINANCE NO. 2062 APPROVED Councilman Oujesky moved, seconded by Councilman Garvin, to approve Ordinance No. 2062. Motion carried 4-0. 25. PW 95-43 - CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS ON GREEN VALLEY DRIVE - ORDINANCE NO. 2063 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve Ordinance No. 2063 with the stipulation that in lieu of paying the assessment at the time it is assessed, the homeowners can have a lien filed against their property which will run without interest until such time their property is replated, a building permit is requested or it is sold, the assessment would have to be paid and if the homeowner wants sewer service, the assessment would have to be paid. Motion carried 4-0. *26. PW 95-44 - CONTRACT FOR LABORATORY SERVICES WITH THE TRINITY RIVER AUTHORITY APPROVED August 14, 1995 Page 7 *27. PW 95-45 - APPRAISALS AND ENHANCEMENT STUDY FOR HARMONSON ROAD WIDENING PROJECT, MACKEY CREEK TO SCRUGGS DRIVE APPROVED *28. PW 95-46 - APPROVE CONTRACT RIGHT-OF-WAY AGENT FOR HARMONSON ROAD WIDENING PROJECT FROM MACKEY CREEK TO SCRUGGS DRIVE APPROVED *29. PW 95-47 - APPROVE INTERLOCAL AGREEMENT WITH THE CITY OF WA TAUGA FOR WATER MAIN INSTALLATION ON EMERSON - RESOLUTION NO. 95-45 APPROVED *30. PW 95-48 - APPROVE CONTRACT FOR ASPHALT MILLING WITH DUSTROL, INC. APPROVED *31. PW 95-49 - APPROVE REIMBURSEMENT TO CITY OF WATAUGA FOR REPAIR OF WATAUGA ROAD DUE TO WATER MAIN LEAK APPROVED *32. PW 95-50 - APPROVE 1995/96 STREET AND DRAINAGE CAPITAL IMPROVEMENTS PROGRAM APPROVED *33. PW 95-51 - APPROVE ENGINEERING SERVICES BUDGET FOR FLOOD MITIGATION PROJECTS APPROVED August 14, 1995 Page 8 *34. PAY 95-13 - RATIFY PAYMENT TO ORVAL HALL EXCAVATING COMPANY FOR CONCRETE CHANNEL LINER REPAIR ON CALLOWAY BRANCH AT LOLA DRIVE APPROVED *35. PAY 95-14 - RATIFY PAYMENT TO LARRY H. JACKSON CONSTRUCTION, INC. FOR CONCRETE CHANNEL LINER REPAIR ON CALLOWAY BRANCH TRIBUTARY CB-2 NORTH OF CHAPMAN ROAD APPROVED *36. PAY 95-15 - FINAL PAYMENT FOR NRH20 FAMILY WATER PARK APPROVED 37. CITIZENS PRESENTATION Mrs. Shires, 8601 Martin appeared before the Council and asked that the Council not concrete Walker Branch Channel. Mrs. Cynthia Shires, Coppell, appeared before the Council and asked that the Council consider not concreting Walker Branch Channel. Mayor Pro Tem Johnson advised them the City Staff would look into it and contact them. Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council and advised them he had told them at the last Council meeting he was to meet with FEMA in two weeks. Mr. Stevens just wanted to advise the Council the meeting has been postponed. Mr. Mark Austin, 7918 Green Valley, appeared before the Council and advised his mother would like for a cui de sac to be built at the end of Woods Lane and she would even donate the land for it to be done. Mr. Austin also advised they were getting a lot of run-off water from Briarwood and they would be willing to donate a utility easement for a flume. August 14, 1995 Page 9 38. ADJOURNMENT Mayor Pro Tem Johnson adjourned the meeting. JoAnn Johnson - Mayor Pro Tern ATTEST: Jeanette Rewis - City Secretary MINUTES OF THE BEAUTIFICATION COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBERS, CITY HALL, 7301 NORTHEAST LOOP 820 JUNE 20, 1995 ATTENDANCE Present: Deloris Pultz Emily Ward Jane Dunkelberg Jeanne Lueck Glenn Nerwin Chairperson Vice Chairperson Commission Member Commission Member Commission Member STAFF Rob Elder Sandra Miller ParkslPublic Grounds Supervisor Secretary . Absent: Patsy Tucker Alice Scoma Billie Sommermeyer Commission Member Commission Member Commission Member 1. CALL TO ORDER Ms. Pultz called the meeting to order June 20, 1995 at 7:02 p.m. 2. APPROVAL OF THE MINUTES Ms. Lueck made a motion, seconded by Ms. Dunkelberg, to approve the minutes of the May 16, 1995 Beautification Commission meeting. Motion carried 4 - O. 3. STAFF REPORTS Sandra Miller confirmed a telephone conversation with Diana Kerns, ReLeaf Tarrant County program. Beautification Commission members verified through conversations with Ms. Tucker that all checks had been returned. The 1995 Keep Texas Beautiful membership correspondence and reservations were completed by Sandra Miller. Commission members to be in attendance are Mrs. Sommermeyer, Ms. Dunkelberg and Ms. Ward. Ms. Dunkelberg ask for the KTB award presentations to be made at the City Council meeting on July 10, 1995. 4. DISCUSSION OF OTHER ITEMS/CITIZEN INPUT The Trophy Tree pamphlet was passed out to Commission members. Sandra Miller identified the locations of the pamphlet within City Hall and the Library for the citizens and general public. Ms. Dunkelberg noted a typing error to be corrected in the pamphlet at which time Sandra said she would correct and redistribute. Yard of the Month and Landscape of the Month presentations were discussed. Sandra Miller verified that all related correspondence had been completed and presentations were to be made at the City Council meeting on June 26, 1995. Ms. Dunkelberg distributed the 1995 Governor's Award Results to Commission members. Additionally she requested for the results to be forwarded to City Council members. Ms. Pultz stated there would be no workshop on July 4, 1995 due to the holiday. 5. ADJOURNMENT Ms. Pultz adjourned the meeting at 7:23 p.m. ~ ~'JOfXJ/t _ Sandra Mille~' I '" C. Secretary MINUTES OF THE BEAUTIFICATION COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBERS, CITY HALL, 7301 NORTHEAST LOOP 820 JULY 18, 1995 ATTENDANCE , Present: Deloris Pultz Jane Dunkelberg Jeanne Lueck Patsy Tucker Phyllis Creecy Billie Sommermeyer Glenn Nerwin Chairperson Commission Member Commission Member Commission Member Commission Member Commission Member Alternate Commission Member STAFF Tim Hightshoe Sandra Miller Parks/Public Grounds Superintendent Secretary Absent: Emily Ward Vice Chairperson 1. CALL TO ORDER Ms. Pultz called the meeting to order July 18, 1995 at 7:03 p.m. 2. APPROVAL OF THE MINUTES Ms. Lueck made a motion, seconded by Ms. Dunkelberg, to approve the minutes of the June 20, 1995 Beautification Commission meeting. Motion carried 7 - O. 3. ELECTION OF OFFICERS Ms. Pultz stated that in accordance with the Beautification Commission By-Laws, election of the Chairperson and Vice-Chairperson are held at the regular business meeting in July of each year. Nominations for Chairperson were opened. Ms. Tucker nominated Ms. Pultz for Chairperson, seconded by Ms. Lueck. There were no further nominations. Motion carried 7 - O. Nominations for Vice-Chairperson were opened. Ms. Lueck nominated Ms. Ward, seconded by Ms. Tucker. There were no further nominations. Motion carried 7 - O. 4. STAFF REPORTS Tim Hightshoe displayed a plaque that will be presented to Ms. Alice Scoma at the City Council meeting on July 24, 1995 for her volunteer work with the Beautification Commission. Also, Ms. Pultz stated that there would be a tree planted in her honor. 5. DISCUSSION OF OTHER ITEMS/CITIZEN INPUT Ms. Dunkelberg requested for the 1995 Governor's Award Results be distributed to Commission members that were not present for the last meeting. Ms. Dunkelberg stated how much she enjoyed the fireworks display for July 4, 1995 and how she hoped everyone enjoyed them as well. Ms. Tucker thanked Ms. Dunkelberg and expressed appreciation for the report on the 1995 Governor's Award Results. Mr. Nerwin expressed assistance needed for man-hours to conduct park clean-up activities. If anyone was aware of a Scout project, Environmental Clubs, or Teen Court indivï'duals having a need to work off hours to please contact Tim Hightshoe. Ms. Dunkelberg received a poster from the Keep Texas Beautiful Convention on disposal of voided lottery tickets, She was asked to display at the location for most lottery tickets sold as a reminder to properly dispose tickets. Ms. Pultz stated there would be a workshop on August 1, 1995. 6. ADJOURNMENT Ms. Pultz adjourned the meeting at 7:25 p.m. ~~~ Secretary MINUTES OF THE NORTH RICH LAND HILLS CABLE TELEVISION BOARD, HELD IN THE CITICABLE STUDIO 6720 N.E. LOOP 820 JUNE 19, 1995 PRESENT: Joe Spurlock III Marlin Miller Steve Dunkelberg Doug Clark Frank Hare, Sammons Cable ITEM CALL TO ORDER APPROVAL OF MINUTES REVIEW PROPOSED RATES FOR CITICABLE SERVICES, NON-PROFITI PROFIT RATES, AND MAKE RECOMMENDATION ON THESE TO CITY COUNCIL STAFF PRESENT: GUESTS: Greg Oldenburg Larry Cunningham Betty Sorrels Andy Wayman DISCUSSION ASSIGNMENT Vice Chairman Spurlock called the meeting to order at 6:00 PM. The minutes for May 15 is corrected to read: " the cost would be $4355, or $725 for ~ show". The minutes were approved unanimously with this correction. Board Members discussed the "Schedule A" rate information sheet and the differences in defined profit/not for profit, charitable, non-commercial and commercial in regards to charges for Citicable services. Some organizations fall under the 501 (c)3 charitable Status and others do not carry that particular designation but are charitable. Citicable would offer reduced service charge rates for defined charity organizations, however, the variety of "charitable" designations causes a gray area that needs to be addressed. Categories need to be defined with each having an associated rate base. Requests by Individuals are to be brought before the Board on a case by case basis. Municipal Television Policy guidelines give parameters in which Citicable can operate. The Policies are also clear on copyright ownership. Page 2 June 19, 1995 - 'TEM REVIEW REPORT ON REVENUES GENERATED BY CITICABLE RECEIVE REPORTS FROM BOARD MEMBERS UPDATE CITICABLE DISCUSSION The Board asked Larry Cunningham to Incorporate the suggested category definitions made at this meeting into a report for the July 17, meeting. Marlin Miller made motion to approve the charges for service, with Doug Clark seconding and the motion passed unanimously. Board Members were given an October 94 to May 95 report on revenues generated by Citicable. All revenues generated goes back into the general fund. Greg Oldenburg projected approximately $15,000 in generated revenues for the budget year. Members of the Board expressed concern regarding increased operating budget needed for the coming year. Greg explained that some events could be budgeted while many could not because of the nature of the department's work within the City and other entities. The Staff is implementing documentation that will result in better enforcing budget requests. Doug Clark reported that the new FCC legislation will have an impact on Citicable and the City as well. Mr. Clark will keep the Board informed on these changes. Citicable Staff have been busy taping/telecasting in several areas such as the regular Planning & Zoning meetings, City Council meetings, and Economic Development breakfasts. Northeast Chamber of Commerce luncheons and a combined DARE Graduation were taped. The ribbon cutting for the Water Park, satellite taping of U Animals in Disaster" for the Animal Shelter department, and the RY A Association promo were two more completed projects. The studio taping of ASSIGNMENT LARRY Page 3 June 19, 1995 ITEM UPDATE SAMMONS CABLE DISCUSSION ASSIGNMENT "Scenes" and the United Way luncheon, are two more of the many projects covered by Citicable staff. The department is receiving more video production set-up requests and requests from other City departments to document projects for their budget process. . F rank Hare of Sammons asked the status of the Pacific Cable issue that is being handled by the City Attorney. The issue involves Pacific Cable offering TV cable service through original security lines in a City apartment complex. This service is accomplished without consent of the City through franchise rights or permission to go under a city street with cable. At this time the problem is still being discussed between the attorneys for each party. Board members would like to get an update as soon as possible, regarding Pacific Cable, in the meantime, it is suggested that the Sammons Attorney contact the City Attorney. Doug Clark made a motion that the Board recommend City Council pursue an injunction immediately against Pacific Cable. Marlin Miller seconded and the motion passed unanimously. Greg Oldenburg reported that the Citicable interference problem needs to be isolated first before Sammons sends a technician. The problem of program interruption could be caused by several different factors. Frank Hare suggested a UPS system for Citicable. Page 4 June 19, 1995 - 1TEM DISCUSSION NEW BUSINESS Doug Clark is pleased to see that the water utility bills carried the information on the need to fill vacancies on the Citicable Board. Larry Cunningham, Assistant City Manager, reported that the newspaper is sent a list of all of the board and commission meeting times and dates, however, the newspaper has the option of which items to print. ADJOURNMENT There being no other business, Steve Dunkelberg made motion to adjourn and Doug Clark seconded. The motion passed unanimously. The meeting adjourned at 7:10 PM. Vice Chairman Recording Secretary ASSIGNMENT MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE NORTH RICHLAND HILLS PRE-COUNCIL CHAMBERS, LOCATED AT 7301 NORTHEAST LOOP 820 JUNE 5,1995 - 6:00 P.M. ATTENDANCE PRESENT: Board: Sharon Battles J. Douglass Davis Rick Work Ann Perchard Pam Jackson Kami Graves Staff: Jim Browne Bill Thornton Monica Sue Walsh Chris Swartz Sandra Miller ABSENT: Don Tipps Bobbie Lambert Vice Chairwoman Board Member Board Member Board Member Board Member Board Member Director of Parks & Recreation Assistant Director of Parks & Recreation Assistant Director of Parks & Recreation NRH20 Aquatic Manager Secretary Parks & Recreation Chairman Board Member ITEM 1. CALL TO ORDER Mr. Davis called the meeting to order June 5, 1995 at 6:04 P.M. ITEM 2. APPROVAL OF THE MINUTES The Board met at City Hall on May 1, 1995 and toured park sites under construction or recently constructed. ITEM 3. PARKS, PUBLIC GROUNDS AND CIP REPORTS Mr. Thornton provided a report of the status of Parks & Public Grounds and Capital Improvement Projects. Discussion was held. Mr. Work expressed concern over funds for irrigation and if the area had been seeded or hydro- mulched at Richfield Park. Mr. Thornton stated that the funds were available in the CIP Budget for next year. Mr. Browne commented that the area had been seeded. Mr. Work asked if we had received neighborhood complaints from Green Valley regarding construction of the park. Mr. Thornton stated that very few complaints had been received and assured the board that all telephone calls and concerns were being addressed and resolved. Mr. Thornton informed the board of waiting on approval from TxDOT on North Electric Trail and Calloway Branch Trail. ITEM 4. RECREATION, ATHLETICS AND SENIOR ADULT SERVICES Ms. Walsh provided a report of activities in recreation, athletics, and senior adult services. Mr. Browne showed a VHS tape of the Teen After School Program and stated that funding has been requested for other middle schools. ITEM 5. AQUATICS UPDATE Mr. Swartz provided a report of NRH20 Family Water Park. Customer surveys had been conducted and on a scale of 5 the overall consensus of the water park was 4,6 to 4.7 which was great. Mr. Browne showed a VHS tape of commercial and news spots from local stations for the water park. He also played a radio commercial that was produced and aired on several stations. -. Mr, Davis expressed concern over patrons being exposed to sunburn. Mr. Swartz assured Mr. Davis that monitoring was already taking place. Ms. Jackson inquired about adequate parking. Mr. Swartz informed the board of being prepared for overflow parking around the park and coordination with TCJC. ITEM 6. YOUTH ASSOCIATION ACCESS TO CONCESSION/RE.STROOM Mr. Browne stated that a ribbon cutting ceremony was conducted to dedicate the new Richfield Concession Stand. Mr. Browne made a recommendation that only park and maintenance personnel have access to the electrical room at Richfield Park, The concern was over an individual possibly hurting themself while in the storage area. Mr. Work made the motion for only park and electrical maintenance personnel to have access to the room. Ms. Jackson and Ms. Battle seconded the motion. Th~ motion passed unanimously. ITEM 7; OTHER ITEMS NOT ON AGENDA Ms. Battle attended Adventure World and encountered older children riding bicycles and zooming in out of people visiting the park. She also was hit by mud due to older the children having mud fights and is concerned someone is going to get hurt. Mr. Browne assured Ms. Battle that suggestions would be accepted to control the problem and discussions would be held within the department to curtail any type of destructive activity. ITEM 8. ADJOURNMENT (Passed 6-0) Ms. Jackson made a motion, seconded by Ms. Perchard, to adjourn the meeting at 7:20 P.M. Motion carried 6-0, ~~ Don s, Ch~irman ATTEST: ~ '. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 8/28/95 .'---. Subject: Public Hearing to consider the request of U-Haul of Texas Agenda Number: PZ 95-15 to rezone Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606, from C-1 Commercial to C-2 Commercial. (Located at the southwest corner of Grapevine Highway and Harwood Road) Ordinance No. 2067 Amerco Real Estate Company, the real estate company of U-Haullnternational, is the owner of a 13.874 acre tract of land located at the southwest corner of Grapevine Highway and Harwood Road. U-Haul of Texas, the developer of thé property, has submitted a zoning change on a 3.0904 acre portion of the tract. The property is presently zoned C-1 Commercial; the developer is requesting a change to C-2 Commercial. The property is the proposed site for a mini-warehouse facility. A mini-warehouse complex is an allowed use in the C-2 zoning district, but it also requires a Special Use Permit. ~-Haul has also applied for a Special Use Permit for the mini-warehouses, and the City Council will also consider that request at its August 28,1995 meeting. (see Case No. PZ 95-16) The property is bounded by Harwood Road on the north, and Grapevine Highway on the southeast. The adjacent property to the east is zoned C-2 Commercial, where two existing businesses are located. There are commercial businesses across Grapevine Highway from this property, but the property across Harwood Road is vacant. All of this property is zoned C-1 Commercial. A single ',- family subdivision is located approximately 350-feet to the west. The proposed area for the, mini- warehouses does not abut a single family area. The Comprehensive Land Use Plan calls for single-family residential development in this general area. This request is not consistent with the adopted Plan. If the request is approved, 'the adopting . ordinance will contain a section that will amend the Plan to indicate this area suitable for commercial development. The Planning and Zoning Commission conducted a Public Hearing and considered this zoning change request a~ its August 10, 1995 meeting and recommended approval. RECOMMENDATION: It is recommended that the City Council conduct the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) .)perating Budget Oth~ De artment Head Slgnat~ ~ty Manager CITY COUNCIL ACTION ITEM - Acct. Number Sufficient Funds Available . FInance DIrector ORDINANCE NO. 2067 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, on Case Number PZ 95-15, the following property shall be rezoned from C-1 Commercial to C-2 Commercial: BEING 134,620 square feet or 3.0904 acres of land more or less, situated in the W. W. Wallace Survey, Abstract No. 1606, City of North Richland Hills, Tarrant County, Texas and being part of a called 20-5/8 acre tract of land described in deed recorded in Volume 5252, Page 764, Deed Records of Tarrant County, Texas and being more particularly described as follows (the bearing source for this survey taken from the said deed): BEGINNING at a found 1/2 inch iron rod in the southerly line of Harwood Road (an 80 foot right- of-way), said point being North 89 degrees 48 minutes 00 seconds West, a distance of 656.30 feet from the northerly corner of a right-of-way corner clip at the intersection of the southerly line of Harwood Road with the northwesterly line of State Highway 26 (Grapevine Highway, a 100 foot right-of-way) and said point being the northwest corner of a tract of land conveyed to Sid and Elaine Parker by deed recorded in Volume 10414, Page 1328, Deed Records of Tarrant County, Texas; THENCE South 23 degrees 39 minutes 00 seconds East, departing the southerly line of Harwood Road and with the southwesterly line of the said Parker tract, a distance of 451.85 feet to a set 1/2 inch iron rod for a corner in the northwesterly line of State Highway 26, said point being the southwest co.rner of the said Parker tract; THENCE South 52 degrees 15 minutes 10 seconds West, with the northwesterly line of State Highway 26, a distance of 257.75 feet to a set 1/2 Inch iron rod for a corner; THENCE North 23 degrees 39 minutes 00 seconds West, departing the northwesterly line of State Highway 26, a distance of 605.15 feet to a set 1/2-inch iron rod for a corner in the southerly line of Harwood Road; THENCE, South 89 degrees 48 minutes 00 seconds East, with the southerly line of Harwood Road, a distance of 273.33 to the Point of Beginning. This property is located at the southwest corner of Grapevine Highway and Harwood Road. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. THAT, the Comprehensive Land Use Master Plan, dated June 1992, is hereby updated to reflect a change in land use designation of the above described property from Low Density Residential to Commercial. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 1 OTH DAY OF AUGUST 1995 ~~~ Chairman, Planning and Zoning Commission Ordinance No, 2067 Page 2 ~ØÓA Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 28TH DAY OF AUGUST 1995. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2067 Page 3 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 10, 1995 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Chairman David Barfield at 7:30 p.m. ROLL CAll PRESENT Chairman Members David Barfield Jill Spicer Richard Davis Victor Baxter Ron Lueck Paul Miller Barry LeBar Clayton Grego rrington Ra Sh iflet J es Brock on Bowen Planning Director Planner Plans Examiner Asst. City Manager ABSENT CONSIDERATION OF MINUTES OF JULY 27, 1995 Ms. Spicer state Vice-Chairm e minutes were incorrect in showing that she nominated Mr. Davis for She stated Mr. Baxter nominate Mr. Davis. ade the motion to approve the minutes as corrected. The motion was seconded picer. The motion carried 4-0, with Mr. Lueck and Mr. Miller abstaining. ZONING CASES airman Barfield stated that since the first two cases are related, the Commission will conduct the ime. 1. PZ 95-15 Public Hearing to consider the request of U-Haul of Texas to rezone Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606, from C-1 Commercial to C-2 Commercial. (Located at the southwest corner of Grapevine Highway and Harwood Road) 2. PZ 95-16 Public Hearing to consider the request of U-Haul of Texas for a Special Use Permit for a Mini- Warehouse Facility on Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606. . (Located at the southwest corner of Grapevine Highway and Harwood Road) Mr. LeBaron stated that U-Haul of Texas owns the property, which is zoned C-1 Commercial. He stated the Mini-Warehouse triggered the need for C-2 Commercial and a Special Use Permit. He stated a site plan is included in the packet. Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Chuck Farch, president of U-Haul of Texas, Grand Prairie, came forward to speak. He stated they intend to construct a 2-story warehouse with all storage bays in the interior. He there will also be truck and trailer rental. Mr. Farch stated they can address the screening issues discussed at the pre meeting. PZ Minutes - Page 2 August 10, 1995 3. PZ 95-17 Mr. Baxter stated he is concerned about the exterior appearance of the building. He stated he would like to see something other than tilt-wall construction, such as brick or split-face masonry block. He stated that they should consider something other than the azaleas shown on the landscape plan since that plant does not do well in the summer in Texas. Mr. Farch stated they do not want a maintenance problem with the landscaping. Chairman Barfield stated that some type of screening should be done on Harwood Road to tone down the commercial look. He stated he would like to see a landscaped screening area with a berm. He stated they would like to restrict storage of any trucks and trailers to that side of the property. Chairman Barfield stated that can be worked out with city staff. Mr. Farch stated that tilt-wall construction is preferred, but they are doing other types of construction in Plana. He stated one is stucco and brick, and the other is completely brick. He stated U-Haul likes to adapt the look of the building to the area. Mr. Farch stated they have no problem with providing screening, but they don't want to do to much that would hamper business. Mr. Lueck asked what type of facades did Piano require. Mr. Farch stated on the brick building an 8-foot screening wall was required adjacent to a subdivision. He stated the other building, located in an industrial area, is half stucco and half brick. Chairman Barfield asked if he would consider a masonry veneer type building. Mr. Farch stated yes. Mr. Davis asked if Mr. Farch would agree to a 4-foot tall berm with landscaping along Harwood Road. He asked if he would agree to a building constructed of a 100% masonry product. Mr. Farch stated yes. There being no one else wishing to speak, Chairman Barfield closed the Public Hearing. Mr. Davis made the motion to approve PZ 95-15, changing the zoning from C-1 to C-2 Commercial. The motion was seconded by Mr. Baxter. The motion carried 6-0. Mr. Baxter made the motion to approve PZ 95-16, a Special Use Permit for a Mini-Warehouse facility, subject to the following requirements: the exterior of the building be masonry, concrete block, or a similar masonry product allowed by the building code; and that a four-foot tall berm with landscaping be constructed along Harwood Road. The motion was seconded by Mr. Davis. The motion carried 6-0. rete Batch Plant on a portion of Tract 11, TK Martin Survey, Abstract 1055. (Generally located 300- east of Pearl Street along the extension of Watauga Road) ted the applicant is requesting a Temporary Concrete Batch Plant to aid in the construction of uga Road between Davis Boulevard and Precinct Line Road. He stated the site is generally 300-feet of the end of Pearl Street in the Sunny Meadows subdivision. Chairman Barfield opened t at this time. blic Hearing and called for those wishing to speak to come forward Mr. Don Jablonsky, general superintende he will answer any questions the Commissio r Duininck Brothers, came forward to speak. He stated , ht have concerning the request. Zoning Case Review Fact Sheet Case No. PZ 95-15 Hearing Dates: PZ 8/10/95 CC 8/28/95 REQUEST: C-1 Commercial to C-2 Commercial APPLICANT: U-Haul of Texas, Grand Prairie TX PROPERTY OWNER: Amerco Real Estate Company, Phoenix AZ SIZE AND LOCATION: A 3.0904 acre portion of a 13.874 acre tract of land located at the southwest corner of Grapevine Highway and Harwood Road. SITE CHARACTERISTICS: Vacant, rolling terrain. Many trees on property. PROPOSED USE: Mini-warehouses ALLOWED USE: Mini-warehouses allowed by Special Use Permit in the C-2 district ADJACENT ZONING/LAND USES North South East West R-7-MF: vacant multi-family property C-1: existing commercial businesses, including retail, automotive, and day care center C-2: existing commercial businesses (Sid Parker Stone and Fox Rental) C-1: vacant commercial property DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within the 1 DO-year or 500- year flood plains. THOROUGHFARE PLAN Primary access to this property is from Grapevine Highway and Harwood Road. Grapevine Highway is classified as a P6D Principal Arterial on the Master Thoroughfare Plan. Harwood Road is classified as an M4U Minor Arterial. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is not consistent with the Plan. ZONING HISTORY This property was initially zoned AG Agriculture in 1967. Around 1977, the zoning was changed to LR Local Retail. In 1984, when the new zoning districts and map were created, the zoning was changed to C-1 Commercial. 1 1 2.' TR.148 , \".H ," I "'I - 00 SI-OO¡:''' · ~ 2 a: 0 Z <t ¿: 3: 0 W 0 0 z 0 .' on 2 11 .Ii [) 0 £L[)OJVÞ ~ 700 I~ ~ 1~~Af;1L¡(~~ÑcJI ;:1", EJVÞ tJ,'òÎ) '"' A, 'ò' L ø:: ~ ~~ Z HAl2.waoD ~ , N '''' , JRl , ~ ~~3R2 :: \ \ 120 I:'ú '-' -:. Hl 13 JERRIE JO DR :ij,)i) " .. AII\C/I N'O "'''C'\'OT. ( MATCH LINE - SEE Crid: 84424 Page: C8 ) ~ Q ;; i ~ I ....(ì "", "".... N Ji'l~ ~I- I ~ I, i ~ I ~ : I I I I . I ~ I ~ I , ! i I Iii I I ¡ I ; II;;: ;1 :1;;1 :Iõl~í ~"I ~¡ . !. I ~ : ¡ I .. - .--._."---~_.~--... z ;; I : I ; : WYOMINC 'JR. I I I ~ :: ~ ~ ;;: I :: ~ Q .. ¡ ;10 ~ ;;: :: .. I I,; I I I i:: i ~ ¡~ i:: - ~ ~ I I I , I ~ ~ I . I NEVAOA TI. ~ ::; ;; : " ;; -. ;; - () I .... rl', '~ '~ ~ '6 ~ S -;:::;õ ~ .;.- <,) .~ ;; ;- % C) ~ 0 '" 7' .. ,,~ ~ " ....(ì " 0>, " ~N ~ I .... ~ " : õ " " ;; !~ ~ ~ ': ~~ ,. 0<'. -~'-;C '.}. ~§~, . ~ " :j .:~~ I ~ I ¡ '() ;; I .::.... . . ~ " ," ~~ ;; ;10 . , .... ....(ì 'oJ, ~N <,) ;- 1% -;:::; o 0::;' ~ç ....r.-¡.. C) J 1- PD-12 , -:z. o -;;:¡, ...., - -'- v: '7 ,,~ '7 I~ \,;, -- . . 1! i; C. L.. ;10 cr- , '-I , ..L.. ~ ;- ;- -n "" '(; ~ 7' ~ = " (.;J <: ): z " " > ::: " ~ II:: .. ""I c-, :t: n )D-13 I I ;10 , o Q) tA C'D Z o . -c N CD 01 . ~ UI i ¡ ~ I 1 ;; I ¿ ~ I~I'I~I" I' I~I WEY\.AND DR. ·APPLICATION FOR A ZONING DISTRICT CHANGE Please print all responses CITY OF NORTH RICHLAND HILlS . 7301 N.E. LOOP 620 NORTH RICHLAND HILlS. TEXAS 76160 617-581-5515 PART 1. APPLICANT INFORMATION NAME OF APPLICANT / AGENT: ¿¡-/feud. Co. te.xas; Chuck ~rcJ, Pusicl~TJf STREET ADDRESS OF APPLICANT: ?~O Me. e.rs Rd CITY /STATE/ZIP OF APPLI TELEPHONE NUMBER OF APPLICANT: GrQTld PrairÙ.. IX 750S0-L¡'r 'I (.QI'-f PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY OWNER: Arneø-co RecJ Es hie. COT'Y) STREET ADDRESS OF PROPERTY OWNER: d.. T-;;¿ :r N· Ce1) Jral Åve,! 700 CITY /STATE /ZIP OF PROPERTY OWNER: Ph D.e. or¡ ¡x A-3 <65004 LEGAL DESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REQUESTED: P~I()N ¿Q.e aJ../..qched. l~ I4-ß A'I{goc... ' STREET ADDRESS AT LOCA TlON WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED: T~ 146 PART 3. DESCRIPTION OF REQUEST CLRRENT ZONING: C-.:L PROPOSED ZONING: C-2 W HI:ASON FOR CHANGE: 8'0 Fa CI /, "J . C06ìS'¡""(..Ic'¡" Q u - Hcu..d. R,2I"') W € .g e.ifJ s. fo TO r- SU,l'Æ Y OR MAP ATTACHED AS REOUIRED BY THIS FORM: ~ YES c:::J NO ATTACH AFFIDA V7T FROM PROPERTY OWNER IF APPLICANT IS NOT OWNER: ~ YES CJ NO I ¡Jereby certify that the above information is correct to the best of my knowledge. DArE: ~h ~/f ¡- Your Name (printed) ('i!l1Itáf M//¿,,!/ Signatur PART 4. OFFICE USE ONLY P & Z PUBLIC HEARING DATE: 10 AvCWJ'T '15 TAXES PAlO? DYES o NO CASE NUMBER: rz ~5 '!S CITY COUNCIL HEARING DA TE: 20NlNG DISTRICT CHANGE APRO'ÆD: DYES 0 NO OAD, NO, LIENS PAID? DYES o NO FEE $300,00 ASSESSMENTS PAID? r;4J YES ONO This appllcallon will not be sched.Jled for public hearing una, f1e application feels received. SlIPULATlONS: ZONING DISTRICT CHANGE Page 1 of 2 CD-044 (1-94) CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections 8/28/95 ~ Council Meeting Date: Public Hearing to consider the request of U-Haul of Texas Agenda Number: for a Special Use Permit for a Mini-warehouse facility on Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606. (Located at the southwest corner of Grapevine Highway and Harwood Road) PZ 95-16 '--Subject: Ordinance No. 2068 Amerco Real Estate Company, the real estate company of U-Haullnternational, is the owner of a 13.874 acre tract of land located at tne southwest corner of Grapevine Highway and Harwood Road. U-Haul of Texas, the developer of the property, has submitted a zoning change from C-1 to C-2 Commercial on a 3.0904 acre portion of the tract. (see PZ 95-15) U-Haul has also applied for a Special Use Permit for a mini-warehouse facility on the property. A mini-warehouse is an allowed use in the C-2 district with a Special Use Permit. Included in the agenda is an information packet from U-Haul. This packet includes a color site plan, several computer generated renderings of the facility, an aerial photo of the area, and other information. The following is a summary of the proposed mini-warehouse facility. 1. The proposed building is a new concept developed by U-Haul. The 66,600 square foot "L"- shaped building is a two-story structure housing 541 units. The units range in size from 25- "- square feet to 150-square feet, with some units being climate controlled. Since the Planning and Zoning Commission has recommended that a stucco finish not be allowed on this structure, the developer has' agreed to construct the exterior of the building out of brick or some other masonry finish. Windows will also be provided to break up the "warehouse" look. An accessory apartment for a live-in security guard will also be provided, as allowed by the Zoning Ordinance. 2. The parking and loadinglunloading area is located in the interior side of the "L". Thirty-one parking spaces are provided for persons using or visiting the facility, and seven other spaces are dedica~ed for loading and unloading. The Zoning Regulations require 30 parking spaces for this use; 31 spaces have been provided. 3, U-Haul proposes to landscape approximately 25,550 square feet of the site, which includes credits fc5r trees. The Zoning Regulations require 15% of the site, or 20,193 square feet to be landscaped. Perimeter landscaping is provided as a buffer between the adjacent properties. The proposed site plan appears to meet the landscaping requirements of the ordinance. A . detailed review will be performed when plans are submitted for building permits. The Planning Finance Review Source of Funds: Bonds (GO/Rev.) ~ .)perating Budget Other Ã{ ~ = R.,,~~ Dep ment Head Signature CITY COUNCIL ACTION ITEM - Acct. Number Sufficient Funds Available - . Fon.nce DII.CIO' Manager ,~ and Zoning Commission has recommended that a four-foot tall berm, with landscaping on top of the berm, also be constructed along this property's frontage on Harwood Road. 4. Access to this property is from Harwood Road and Grapevine Highway. Due to the narrow frontage of the proposed site, only one driveway will be permitted on each frontage. The minimum spacing of driveways for these two roads is 500 feet. The proposed site plan indicates two approaches on Grapevine Highway. 5. The property is presently unplatted. Before any building permits can be issued for this use, the Subdivision Regulations and Zoning Regulations require the property to be platted. The owner is in the process of having the property platted. The Planning and Zoning Commission conducted a Public Hearing and considered this Special Use Permit request at its August 10, 1995 meeting and recommended approval subject to the following requirements: the exterior of the building shall be brick, masonry, concrete block, or other material approved by the City Council; and that a four-foot tall berm, with landscaping on top of the berm, be constructed along this property's frontage on Harwood Road. RECOMMENDATION: It is recommended that the City Council conduct the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. '",-- ORDINANCE NO. 2068 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER TWENTY-SIX FOR A MINI-WAREHOUSE FACILITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by authorizing Special Use Permit Number Twenty-Six, by changing said Zoning Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Twenty-Six (26) be hereby authorized for a Mini-Warehouse Facility as set forth in Case Number PZ 95-16 on the property described as follows: BEING 134,620 square feet or 3.0904 acres of land more or less, situated in the W. W. Wallace Survey, Abstract No. 1606, City of North Richland Hills, Tarrant County, Texas and being part of a called 20-5/8 acre tract of land described in deed recorded in Volume 5252, Page 764, Deed Records of Tarrant County, Texas and being more particularly described as follows (the bearing source for this survey taken from the said deed): BEGINNING at a found 1/2 inch iron rod in the southerly line of Harwood Road (an 80 foot right-of-way), said point being North 89 degrees 48 minutes 00 seconds West, a distance of 656.30 feet from the northerly corner of a right-of-way corner clip at the intersection of the southerly line of Harwood Road with the northwesterly line of State Highway 26 (Grapevine Highway, a 100 foot right-of-way) and said point being the northwest corner of a tract of land conveyed to $id and Elaine Parker by deed recorded in Volume 10414, Page 1328, Deed Records of Tarrant County, Texas; THENCE South 23 degrees 39 minutes 00 seconds East, departing the southerly line of Harwood Road and with the southwesterly line of the said Parker tract, a distance of 451.85 feet to a set 1/2 inch iron rod for a corner in the northwesterly line of State Highway 26, said point being the southwest corner of the said Parker tract; THENCE South 52 degrees 15 minutes 10 seconds West, with the northwesterly line of State Highway 26, a distance of 257.75 feet to a set 1/2 Inch iron rod for a corner; THENCE North 23 degrees 39 minutes 00 seconds West, departing the northwesterly line of State Highway 26, a distance of 605.15 feet to a set 1/2-inch iron rod for a corner in the southerly line of Harwood Road; THENCE South 89 degrees 48 minutes 00 seconds East, with the southerly line of Harwood Road, a distance of 273.33 to the Point of Beginning. ~-_.._---"----_._-----_.-...._--_._-- - This property is located at the southwest corner of Grapevine Highway and Harwood Road. 2. THAT, the development regulations contained in the C-2 Commercial zoning district of Ordinance 1874 shall govern development on said property except where amended below: 1. Building Locations: The building footprint locations shall be in accordance with the site plan attached as Exhibit A. 2. Building Lines: The building lines on Grapevine Highway and Harwood Road shall be a minimum of 25- feet. 3. Building Material: The exterior of all buildings shall be constructed of brick, masonry, concrete block, or other material approved by the City Council. The building shall not be constructed with a stucco exterior. 4. Landscaping: The lot shall be landscaped in accordance with the site plan attached as Exhibit A. In addition, a four (4) foot tall berm, with landscaping on top of the berm, shall be constructed along this property's frontage on Harwood Road. 3. THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 4. THAT, the Comprehensive Land Use Master Plan, dated June 1992, is hereby updated to reflect a change in land use designation of the above described property from Low Density Residential to Commercial. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. Ordinance No. 2068 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10TH DAY OF AUGUST 1995 #duø 6L e---~~~~_..~ Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 28TH DAY OF AUGUST 1995. Mayor City of North Richland Hills, Texas \TTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2068 Page 3 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 10, 1995 - 7:30 p.m. -- CALL TO ORDER The meeting was called to order by Chairman David Barfield at 7:30 p.m. Planning Director Planner Plans Examiner Asst. City Manager ABSENT David Barfield Jill Spicer Richard Davis Victor Baxter Ron Lueck Paul Mille Barry L Clayt usband Gr ry Arrington dy Shiflet mes Brock Don Bowen ROll CAll PRESENT Chairman Members CONSIDERATION OF MINUTES OF JULY 27,1995 Ms. Spicer st the minutes were incorrect in showing that she nominated Mr. Davis for Vice-Chair n. She stated Mr. Baxter nominate Mr. Davis. Mr. D s made the motion to approve the minutes as corrected. The motion was seconded . Spicer. The motion carried 4-0, with Mr. Lueck and Mr. Miller abstaining. ZONING CASES airman Barfield stated that since the first two cases are related, the Commission will conduct the 1. PZ 95-15 Public Hearing to consider the request of U-Haul of Texas to rezone Tract 14C and a portion of Tract 14B, Wallace Survey, Abstract 1606, from C-1 Commercial to C-2 Commercial. (Located at the southwest corner of Grapevine Highway and Harwood Road) 2. PZ 95-16 Public Hearing to consider the request of U-Haul of Texas for a Special Use Permit for a Mini- Warehouse Facility on Tract 14C and a portion ofTract 14B, Wallace Survey, Abstract 1606. . (Located at the southwest corner of Grapevine Highway and Harwood Road) Mr. LeBaron stated that U-Haul ofTexas owns the property, which is zoned C-' Commercial. He stated the Mini-Warehouse triggered the need for C-2 Commercial and a Special Use Permit. He stated a site plan is included in the packet. Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Chuck Farch, president of U-Haul ofTexas, Grand Prairie, came forward to speak. He stated they intend to construct a 2-story warehouse with all storage bays in the interior. He there will also be truck and trailer rental. Mr. Farch stated they can address the screening issues discussed at the pre meeting. Pl Minutes - Page 2 August 10, 1995 3. PZ 95-17 Mr. Baxter stated he is concerned about the exterior appearance of the bUilding. He stated he would like to see something other than tilt-wall construction, such as brick or split-face masonry block. He stated that they should consider something other than the azaleas shown on the landscape plan since that plant does not do well in the summer in Texas. Mr. Farch stated they do not want a maintenance problem with the landscaping. Chairman Barfield stated that some type of screening should be done on Harwood Road to tone down the commercial look. He stated he would like to see a landscaped screening area with a berm. He stated they would like to restrict storage of any trucks and trailers to that side of the property. Chairman Barfield stated that can be worked out with city staff. Mr. Farch stated that tilt-wall construction is preferred, but they are doing other types of construction in Plana. He stated one is stucco and brick, and the other is completely brick. He stated U-Haul likes to adapt the look of the building to the area. Mr. Farch stated they have no problem with providing screening, but they don't want to do to much that would hamper business. Mr. Lueck asked what type of facades did Plana require. Mr. Farch stated on the brick building an 8-foot screening wall was required adjacent to a subdivision. He stated the other building, located in an industrial area, is half stucco and half brick. Chairman Barfield asked if he would consider a masonry veneer type bUilding. Mr. Farch stated yes. Mr. Davis asked if Mr. Farch would agree to a 4-foot tall berm with landscaping along Harwood Road. He asked if he would agree to a building constructed of a 100% masonry product. Mr. Farch stated yes. There being no one else wishing to speak, Chairman Barfield closed the Public Hearing. Mr. Davis made the motion to approve PZ 95-15, changing the zoning from C-1 to C-2 Commercial. The motion was seconded by Mr. Baxter. The motion carried 6-0. Mr. Baxter made the motion to approve PZ 95-16, a Special Use Permit for a Mini-Warehouse facility, subject to the following requirements: the exterior of the building be masonry, concrete block, or a similar masonry product allowed by the building code; and that a four-foot tall berm with landscaping be constructed along Harwood Road. The motion was seconded by Mr. Davis. The motion carried 6-0. Mr. Husband construction of is generally 300-feet d the applicant is requesting a Temporary Concrete Batch Plant to aid in the ga Road between Davis Boulevard and Precinct Line Road. He stated the site of the end of Pearl Street in the Sunny Meadows subdivision. Chairman Barfield opened th at this time. blic Hearing and called for those wishing to speak to come forward Mr. Don Jablonsky, general superintende he will answer any questions the Commissio r Duininck Brothers, came forward to speak. He stated . ht have concerning the request. Zoning Case Review Fact Sheet Case No. PZ 95-16 Hearing Dates: PZ 8/10/95 CC 8/28/95 REQUEST: Special Use Permit for Mini-Warehouse facility APPLICANT: U-Haul of Texas, Grand Prairie TX PROPERTY OWNER: Amerco Real Estate Company, Phoenix AZ SIZE AND LOCATION: A 3.0904 acre portion of a 13.874 acre tract of land located at the southwest corner of Grapevine Highway and Harwood Road. SITE CHARACTERISTICS: Vacant, rolling terrain. Many trees on property. PROPOSED USE: Mini-warehouses ALLOWED USE: Mini-warehouses allowed by Special Use Permit in the C-2 district ADJACENT ZONING/LAND USES North South East West R-7-MF: vacant multi-family property C-1: existing commercial businesses, including retail, automotive, and day care center C-2: existing commercial businesses (Sid Parker Stone and Fox Rental) C-1: vacant commercial property DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within the 1 DO-year or 500- year flood plains. THOROUGHFARE PLAN Primary access to this property is from Grapevine Highway and Harwood Road. Grapevine Highway is classified as a P6D Principal Arterial on the Master Thoroughfare Plan. Harwood Road is classified as an M4U Minor Arterial. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is not consistent with the Plan. ZONING HISTORY This property was initially zoned AG Agriculture in 1967. Around 1977, the zoning was changed to LR Local Retail. In 1984, when the new zoning districts and map were created, the zoning was changed to C-1 Commercial. ~. II, ""C/I ""0 ""C~LOT. ( MArCH LINE - SEE Crid: 84424 Page: C8 ) -- : .. I' '" I ~ ! ;; ;; ....() w, W.. N ':ì C, 11 I , ;;; 'C"I I'" Z I i .. . I '" ," : ~ ~ '" ~ ~ 0 '" I I 'I I Ii' I I /. I I ! ;. 1.:::1 ~ : ;;;! :Iõl~i "'i~ ~,~ ·'I~ I .. ~ \ I ¡ WYOMINC TI. Iii i I· I Ii' I : :!:!.::I.;;!;;;,·;;¡;;;i;;!~I~~'~ ~ I õ I I I I ~ I I· I ~ NEVADA TI. I~I~I~ ~!~I~I~ ~ I'" i õ: I;;; I: IlDOIADO 0.. ~ I ~ I ;; . u__u .=;."':':::::'_ __ '~~."-'.=~._'~_ .:"':'.''''.' ;; ð () , .... ;; ..... '~ ....., ~ .,.. '6 : ~ ;. - <Ø! ; ¡¡; ~õ = ..... r; ..;.- . v> ~ ;¡; ;;. % c:J ~ 0 .. 7' .. .~ '" .. '" ..() 0>, :! S~ ; I .... " .. : Õ '" .. () , .... ~0 ~-' ;; ~ .,.. ~~ ~ .... -~?:. 9. . ~ '" ~ =-:J . I .... ..() 'I, ::IN ~ .. v> .. % -e. Q. 0..... ~ç :J'.~ c:J PD-12 -z. o -;q ...... :;::. ~ "?' ;)~ "?' ~~ i:Þ !j') \.;, ..... c. =-:J , 'J I ~ 'TI ;;. ;;. '" 'C> ~ ""I <') ~ , 'D-13 I (') Q) tn tD Z o . -c N (D 01 . ....Ii. 0') -.0 7 .. :: = g r..) ;: z " o > :: " ~ APPLICATION FOR A SPECIAL USE PERMIT CITY OF NORTH RICHLAND HillS 7301 N.E. lOOP 820 NORTH RICHLANO HillS, TEXAS 7618C. 817-581-5508 Please print aU responses PART 1. APPLICANT INFORMATION NAME OF APPUCANT / AGENT: Lj- Haul Co. 0 Îex. Q"S Chuck ¡:: C1.'I c!' Prt.-s¡'~f STREET ADDRESS OF APPLICANT: C¡~CJ {Ýje e'("'S RcJ CITY / STATE / ZIP OF APPUCA : TELEPHONE NUMBER OF APPLICANT: GrcuJd PrQj..o·R. Ix:. 75050-L¡ (,.2.¡ L() ;), 63 - <6306 PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY ONNER: lJp?e -rCO RecJ £' s M.e L?om STREET ADDRESS OF PROPERTY OWNER: ;;),:1;)7- N. CernkaL Ave ( .J7u¡t.¿ 700 CITY / STATE / ZIP OF PROPERTY OWNER: TELEPHONE NUMBER OF PROPERTY OWNER: Pho~ 6); X fš5CJOL.¡ {6'02 .263- 6555 LEGAL DESCRIPTION OF PROPERTY WHERE SPECIAL USE PERMIT IS BEING REQUESTED: 1"\ po¡Z:l' O¡""¡ Q Ha. c/, e.d..J. I ~A6-r 1413, h.-I rø(., { [;r¿e {2.- J1c.. STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REQUESTED: PART 3. DESCRIPTION OF REQUEST CURRENT ZONING CLASSIFICATION: c PROPOSED USE OF PROPERTY: U-HaLL.l Re~fcJ. €.g ADDITIONAL COMMENTS: Jf~cieJ. ~ J.e1.6 SID ro.g e. U,N. fe r rt'1/ i ifacÄl/"':;. Iv COrlslrucf Q u..:1fa.,u.i R e If) J.cJ.. ATTACH SITE PU.N PER SPECIFICATIONS ON REVERSE SIDE OF THIS FORM: ATTACH AFFIDAVIT FF1OI.f PROPERTY OWNER IF APPLICANT IS NGT OWNER: ø YES o NO ~ YES' r::::J NO DATE: S (¡./FJJ2Ib.s MJc)/ that the foregoing information is correct to the best of my know/edge. Your Name (printed) PART 4. OFFICE USE ONLY P & Z PUSUC HEARING DATE: ¡o ,k.u~ust: '15 TAXES PAID? DYES UENS PAID? DYES DNo CASE NUMBER: P2 15" tCP CITY CQUNCIL HEARING DATE: DNo FEE $300.00 SPECIAL USE PERMIT APROVED: r::J YES r::J NO OAD, NO. ASSESSMENTS PAID? []:¡J YES DNO Tha application wil nol be achecåJled ler public he..ing unlil the tlppication I.. ia rec*\Ied, Cofldi6oM of Approval: SPECIAL USE PERMIT Page 1 of 2 CD-414 (4-93) . . CITY OF NORTH RICHLAND HILLS Department: Administration Subject: Establishment of Permanent Street Maintenance Fund - Resolution No. 95-47 Council Meeting Date: 8/28/95 Agenda Number: GN 95-109 For the past several years the City Council and City Administration has been most interested in increasing efforts to strengthen the maintenance of City streets. With over 195 miles of streets and the aging of them, it has become increasingly important to conduct preventive maintenance on our streets and do major repairs. Three years ago additional funding was provided to increase the number of streets to be overlayed or otherwise resurfaced. That funding has continued, and in the proposed 1995/96 budget, it has been recommended and tentatively approved by Council to increase that funding by an additional $100,000. This brings the total proposed allocation to $350,000 for the coming year. In some years we may have more construction needs than in others or bids may come in lower than estimated which would allow us to repair or resurface more streets. We would like to have the flexibility of using the funds that are left from one project year to another for use for street resurfacing projects. By creating a special Permanent Street Maintenance Fund for such projects and purposes, unused funds could remain in the Fund and used for future allocations for the same street maintenance purposes. In addition, as we have some opportunities to increase the annual allocation in the future years, it would allow us to keep the funds in one special purpose fund without it having to go back into the General Fund balance or be used for another purpose. At some point in the future it might even be advisable to consider allocating a certain amount of sales tax or ad valorem tax for this Fund. The proposed resolution provides for the establishment of a Permanent Street Maintenance Fund and identifies the purposes for its use. However, a provision is made that if there is a natural disaster or some other major problem that creates an extreme emergency, any reserves can be reallocated for purposes other than for streets. In this way there is a safe guard that if there are greater emergency needs, and funds were available, these could be reallocated. Recommendation: It is recommended that Council approve Resolution No. 95-47. Finance Review Department Head Signature C"YCOUNC~ACnON"EM Finance Oftclor Source of Funds: Bonds (GO/Rev.) . Operating Budget _ '-- Other Page 1 of RESOLUTION NO. 95-47 WHEREAS, the City Council of the City of North Richland Hills desires to protect the public investment and all public streets, thoroughfares and public ways within the City of North Richland Hills; and WHEREAS, the City Council finds it desirable to maintain said public streets, thoroughfares and public ways in a satisfactory condition; and WHEREAS, the City Council believes such maintenance may be secured by the creation of a Permanent Street Maintenance Fund dedicated solely to the maintenance of public streets, thoroughfares and public ways within the City of North Richland Hills; and WHEREAS, the City Council has determined that the creation of said Fund will be in the best interest of citizens of the City of North Richland Hills; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, SECTION 1 : THAT there BE and is hereby created a permanent Street Maintenance Fund to provide solely for the maintenance and up keep of public streets, thoroughfares and public ways existing within the City of North Richland Hills and under the control of the City of North Richland Hills. SECTION 2: THAT the Fund shall be established and monies dedicated and deposited therein on an annual basis as part of the annual budgetary process of the City of North Richland Hills. SECTION 3: THAT the reserves provided by such Fund shall be used solely for the following purposes: A. To provide for the reconstruction of public streets, thoroughfares and public ways existing within the City of North Richland Hills and under the control of the City of North Rich/and Hills. B. To provide for the resurfacing, overlay, seal coating, patching or other required maintenance necessary to preserve and protect the public investment in such public streets, thoroughfares and public ways. Resolution No. 95-47 Page Two SECTION 4: THAT all expenditures from said fund shall be consistent with approved contracts or bid specifications and that policies and procedures for the administration of said Fund shall be developed by the City Manager. SECTION 5: THAT in the event of natural disasters or other public calamity resulting in an extreme emergency, reserves from said Fund may be used for purposes other than those specified herein with approval of the City Council. PASSED BY THE CITY COUNCIL this 28th day of August, 1995. APPROVED: Tommy Brown, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney fQr the City CITY OF NORTH RICHLAND HILLS I, Department: Finance Council Meeting Date: Subject: HearinQ on 1995-96 Proposed Tax Rate . Agenda Number: 8/28/95 GN 95-110 The proposed tax rate for 1995-96 is 57¢ which is above the 3% allowed by the State to be increased 'Nithout holding a special public hearing. Even though our current tax rate is 57¢ and the proposed rate is 57¢, it is considered to be an increase. Therefore, it is necessary to conduct a special hearing on the tax rate and allow public comment on this proposed rate. The notice of the public hearing has been published in accordance with State law, and it was published in the August 18, Fort Worth Star Telegram. The publication was a quarter page ad and listed the City Council members who voted in support of the tax rate and those who were not in attendance at the Council meeting when it was discussed. The hearing was advertised for 7:30 p.m., August 28. The 57¢ tax rate is 3.2645¢ greater than the effective tax rate for 1995-96 of 53.7355¢. If the proposed 57 ¢ tax rate is approved by Council, it will mean that the tax rate has remained the same for the past three fiscal years. The 57 ¢ tax rate breaks down as follows: Interest and Sinking Fund General Fund - Maintenance and Operations 27.8234¢ 29. 1766¢ The proposed tax rate still places the City of North Richland Hills tax rate about mid-point of the tax rates in the area with Hurst, Euless, and Watauga all being higher than North Richland Hills. Recommendation: Following the public hearing on the tax rate, it is recommended that Council direct staff to place an ordinance on the September 11, City Council agenda to adopt a tax rate of 57¢ for fiscal year 1995-96. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ r Other - . . ~pÇji,e~ CnYCOUNC~ACnON"EM Finance DIreClo, Page 1 of FISCAL YEAR 1995-96 SCHEDULE 4 - ESTIMATED PROPERTY TAX REVENUE AND DISTRIBUTION NET TAXABLE VALUE: ----------------------------------- Total Appraised Value Less Exemptions: Disabled Veteran Over 65 Homestead Disabled Persons Less: Indigent Housing Loss Abatement Value Loss Agricultural Value Loss Scenic Land Value Loss $1,831,057,318 (752,500) (56,374,142) (138,733,686) (4,937,218) (234,800) (6,619,456) (5,974,203) {261 ,625) Total Reduction to Values ----------- Add: Estimated Minimum ARB protested values ($213,887,630) 36,114,106 NET TAXABLE VALUE ESTIMATED PROPERTY TAX COLLECTIONS: ------------ ==JìJ=~~3=§~~J~~ -------- Net Taxable Value Proposed Tax Rate per $100 Valuation Estimated Total Tax Levy Estimated % of Collections (98.5%) TOTAL ESTIMATED PROPERTY TAX COLLECTIONS $1.653,283,794 $ 0.57 ---------- $9,423,718 98.5% -------- $9,282,362 -------------- -------------- TAX COLLECTIONS DISTRIBUTION SCHEDULE: ---------------- -------- ---------------- -------- % of Total Tax Rate Tax Rate Distribution General Fund - Maintenance & Operations Interest & Sinking Fund ------------------- ------------------------- 51.2% 48.8% $0.291766 $0.278234 TOTAL DISTRIBUTION OF TAX COLLECTIONS ------------------- ------------------------- 100% $0.57000 --------------------- ----------------- --------------------------------- ---------------- DISTRIBUTION OF ESTIMATED TAX REVENUE: ------------------------- ------------------------- 100% Collection Projected Collection General Fund - Maintenance & Operations Interest & Sinking Fund TOTAL ESTIMATED TAX REVENUE ------------------- ------------------------- $4,823,718 $4,682,362 4,600,000 $4,600,000 ------------------- ------------------------- $9,423,718 $9,282,362 ------------------------- ------------------------- 8 ., ,,~'\. CITY OF NORTH RICHLAND HILLS \...-. Department: Parks and Recreation Department Council Meeting Date: 8-28-95 GN 95-111 Subject: Approving the Congestion Mitigation and Air Quality Agenda Number: Improvement Program (CMAQ) Agreement with TxDOT for the City Wide Trail System Route Maps and Signs Resolution No. 95-49 The City of North Richland Hills has been awarded a $125,000 CMAQ grant for development of the Trail System Route Maps and Signs for use throughout the city. The City's share is $26,250. The Texas Department of Transportation is ready to proceed with the project. TxDOT will administer the program application in accordance with the terms and conditions of the Agreement. Upon adoption of the resolution approving the agreement, TxDOT requires 5% of the construction cost, $5,750.00, to be deposited in an escrow account in order to begin work on the project. In the recently submitted Parks and Recreation Facility Development CIP, funding for the execution of the Grant Agreement is shown in the revised FY 94/95. Once the CMAQ Agreement is executed, a consultant will be selected in accordance with TxDOT policies and guidelines. Upon completion of the plans and specifications, the remainder of the City's share, $20,500.00, will be required by TxDOT. TxDOT will then bid the project and administer the construction contract. '- RECOMMENDATION: It is recommended that Council approve Resolution No. 95-49 authorizing the execution of the CMAQ Agreement with the Texas Department of Transportation for the North Richland Hills Trail System Route Maps and Signs Project. Attachment Finance Review - ~ ~~~-~ -¡fv Department Head Signature CITY COUNCIL ACTION "EM Fln8l\C8 Director Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Page 1 of ;L RESOLUTION NO. 95-49 A RESOLUTION APPROVING THE EXECUTION OF THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM (CMAQ) AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CITY WIDE TRAIL SYSTEM ROUTE MAPS AND SIGNS PROJECT; AND APPROVING AN EFFECTIVE DATE. WHEREAS, the City Wide Trail Plan identifies the route maps and signs as an integral part of a regional transportation enhancement project for pedestrians and bicyclists; and WHEREAS, the City applied for and has been awarded statewide transportation CMAQ program grant funds for development of the Route Maps and Signs; and WHEREAS, the City Council has designated funding for the City's share of the Trail System Route Maps and Signs Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. The City Council hereby authorizes and directs its City Manager to execute the CMAQ Agreement with the Texas Department of Transportation for theTrail System Route Maps and Signs Project. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 28th day of August 1995. Mayor ATTEST: Jeanette Rewis, City Secretary Approved as to form and legality: Rex McEntire, Attorney for the City ¡ CITY OF NORTH RICHLAND HILLS '--..,.' Department: Administration Subject: Iron Horse Management Contract Council Meeting Date: 8/28/95 Agenda Number: GN 95-112 Discussions with representatives of Evergreen Alliance Golf (EAGL) regarding the '95-96 Operating Budget resulted in a review of their present contract, which expires January, 1998. The attached letter and contract outlines their present offer. This would save the City approximately $30,000 annually. The golf course has been very successful under the management of EAGL. Recommendation: It is recommended that the City Council authorize the City Manager to execute the proposed contract with EAGL. '" Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Availa Ie Department Head Signature CnYCOUNC~ACnON"EM L FlMI'ICI Director Page 1 of July 27, 1995 Mr. C.A. Sanford City of North RicWand Hills 7301 N.E. Loop 820 North RicWand Hills, Texas 76180 ~ ----- Dear C.A.: We have attached the draft Iron Horse budgets for the 1995/96 fiscal year. As you will see, the outlook is positive; and we are optimistic about another record year. Please do, not hesitate to call either of us if you have any questions. As you know, we are also interested in renegotiating our contract with the City and extending it for a new five year term. Iron Horse has experienced unprecedented success in the past three years. The. transition has gone well for two of the three years, and economically, we have progressed ITom a situation in which EAGL advanced $200,000 over the Winter to where we have enough cash to cover Winter operating deficits and to make capital improvements. In a sense, EAGL has been the victim of its own success. Because Iron Horse has done well, EAGL has also been rewarded. Thus, our management fee has increased to a projected amount for the 1995/96 fiscal year exceeding $160,000. We are not charging any accounting fees and' are not allocating other corporate costs to the course, but the fee is still above average. Iron Horse is a very important project to us, as it is in our "back yard." We have worked extremely hard the past three years to balance financial concerns with service and quality, and we are confident that an analysis would show that the value we add more than justifies the fees. Nevertheless, we also believe that an extension of the term in return for lower fees would be a win/win arrangement.· Thus, in the budget, we have included fees according to the following schedule rather than according to the current arrangement: Current FeeStructllre Proposed Fee Structure Base Fee $7,102/month $6,500/month Contingent Fee 7% of revenue exceeding 6% of revenue exceeding $1.1 million. The fee is $1.425 . million. The fee will subordinated to debt service be subordinated to debt sefVIce. Accountin2 Fees $0 $0 Total Pro.iected Fee (95/96) $162,418 $129,290 .J -~-'~_..'-- ~Q~".All'.1- " " '" .. ~ ë, '" 0 ., '>~ .~ ltW\'\ _____=-:.__.1_' (214) 915-367: ......------..,.--:1 (214) 915.3677 1J.·-·-·_·_~--'1 8505 FREEPORT PKWY SUITE 380 IRVING. TEXAS 7 5 0 6 3 " As you can see, we are proposing a 20% reduction in fees if we meet our projections. 'If we do not meet projections, the reduction is even greater, We are asking for' a new five-year term commencing on January 1, 1995 with the same cancell,ationclause (per IRS regulations) as is in the previous contract. The advantages of this proposal are many. P·or . the City, the redµction in fees will make Iron Horse among the lower revenue generating courses we have, especially as a percentage of revenues. Yet, the City will continue to receive all of the benefits EAGL offers. We can both continue the successful, mutually beneficial, smooth relationship we have enjoyed for the past six years. For EAGL, we. can continue to' commit to our employees and give them a sense of stability, opportunity, 'and growth. . It also gives EAGLthe opportunity to showcase one of the finest municipal golf projects we know of As you know, we sincerely appreciate the chance ·to work with you and with the City of North Richland Hills. We are committed to excellence at Iron Horse. We would love to continue to . work with you over the long term. Sincerely, yours, EVERGREEN ALLIANCE GOLF LIMITED Michael D. Lohner Chief Executive Officer Mitch Harrell Director of Operations , PERSONAL SERVICES MANAGEMENT AGREEMENT For the Management of Golf Course and Club House Operations THIS PERSONAL SERVICES AGREEMENT executed fldt~O/~~V -J~, 1~ is by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "City") and R-EGREA+IONAL -S- exas limited partnershiP~~St")/ f Cv€,l¿c;e£-eN 14 \ llO""'-'<:..Q... &, ~ UJ;¿ (I \ E:AG, Lj' i ~r ~l. k.--.c\...:>'\ a.s 1<~<1A.. lC \'\.0 , \ 'Sv-û l~.!~~) Ll-J WIT N E SSE T H: C-'lbL €'.4b <- WHEREAS, the City and R-£b desire for R5L to manage and operate Iron Horse Golf Course and Clubhouse (which are sometimes hereinafter referred to as the "Facility") on behalf of the City. NOW, THEREFORE, for and in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: QJ. l II qq ~ 1. Term of Agreement. The term of this Agreement shall begin :J~i;~arytt, ~s- (The "Start Date"), and it shall end on the fifth anniversary of the start date unless terminated by the City prior to that date. for the purpose of fee ànd ~öltlme /9'95 c&lculation~, this Agfe0m~t will start Octob€:r 1, 199@-;1 The City shall have the . . h· A "f\.u. ~~ ~f ~ 1..) h· d· f h optIOn to termmate t IS greement at an:)' tIfl!~ .ôuOV~lftg !tIC' t Ir anmversary 0 t e €'~L. Start Date, which option may be exercised by giving written notice to -RS£ not less than ninety (90) days prior to the termination date,t:Jeterminod by Ül@ City. 2. Services to be Performed b~. During the term of this Agreement, ~ shall operate the Facility, handling the collection and disbursement of all money, employing all employees, purchasing and selling food, beverages, merchandise, supplies and services, purchasing insurance coverage, handling disputes with third parties, collecting and paying appropriate taxes, and accounting to the City for its ~C- activities. The City hereby grants and delegates t~ the authority and 64t:L responsibility necessary to permit-R8Fto perform its duties under this Agreement, agrees to take such additional steps as are necessary to evidence such delegation and êA~c... authorization as is reasonably requested by RSL in writing, and authorizes the E7<JG¿ exclusive use of the Facility by RSL during the term of this Agreement for this purpose. With respect to the operation of the Facility, the parties hereto agree as follows: Ð<t; c.. (a) Major Decisions. -~L shall secure the City's prior approval of all major policy decisions, including but not limited to capital improvements and ~_~ L- expenditures, operational budgets, Clubhouse and ground rules. *SL shall, to the best of its ability, operate the Facility in accordance with the major policy decisions agreed upon with the City. The Facility shall be open to the general public. All fees charged to customers at the Facility shall be subject to the approval of the City, provided that the City shall approve fee proposals éAGL. of -RS£ which are comparable to those fees charged by competing public golf Courses for similar services and facilities. t¡q6L (b) Periodic Operation Review. RSL shall, on an ongoing and continuing basis, as is deemed to be reasonable and necessary, but not less than once a month, review its management work,x programs and efforts with the City. The City shall be kept fully informed of all Facility management activities and operations. &;<lõ L ( c) Promotion of Golf Activities. RSL shall coordinate and direct all of the work done in the area of advertising and public relations to ensure that the Facility will create an appropriate, continuing visual image and presence in print and communications media. (d) Capital Improv~m~rrts. Capital improvements of $35,000 budgeted in-the-92- ~ budget will hp. funded by RSL (Note: $5,000 fOl cart paths; $~O-fm:-re£t¡:oom-fíoors--and'$Z5,OOOfor-gabions~_aHd-Mørgan Blii4àtng-alre-aëly funaea:---n-is is . fö-allöw-fîrrïe1y-repa.irwmd ..replacement. The tinting of repairs, etl.:., to be mutually ä~leeaLle and reimbursement to -RSL made only out of available cash flow by but not later than JUHe 1, -t99-3. 6.ú'E. RG<û::.N 4I...L I "\~l..fj uJ. City of North Richland HilIs/Reer.eatIeRal ~8nq . . Personal Services Management Agreement Page 2 OcÇL (e) Annual Budgets. Each July during the term of this Agreement,"--RS-L shall submit a proposed operating budget to the City for the upcoming Fiscal Year (the period beginning October 1st and ending September 30th is referred to herein as the "Fiscal Year"). Once the proposed operating budget is approved ~~~ <- - by the City, R--ðL shall use its best efforts to operate the Facility in accordance with the operating budget. CAb L (f) Facility Personnel. RS-L shall recruit, interview and hire the basic Facility staff, including all on-site management personnel, i.e., golf pro, assistant golf pros, golf course superintendent, all food and beverage staff, house and grounds maintenance personnel, janitorial staff, etc. Such personnel shall be Ðq6 ¿. hired and employed by RS£ and shall not be employees of the City. (g) Food. Beverage and Merchandise. The City agrees to permit the sale of beer, 64l:L wine and liquor by the drink at the Facility. R-Sb shall comply with all Texas ~c.. laws relating to the sale of same if-R5L chooses to obtain appropriate licenses ~L and sell same at the Facility. In addition, RSt shall purchase and sell such other food, beverage and merchandise at the Facility for such prices as it deems prudent, provided that the items purchased and sold are of a type typically available at comparable public golf facilities. 3. Payment of Excess Cash. On the 15th day of each month during the terms of this é~c. Agreement, -RSL shall pay to the City one hundred percent (100%) of Excess Cash from the Facility, determined in accordance with the provisionsfthis paragraph, for the period ending on the last day of the preceding month. Excess cash shall equal the Cash Balance less the approved reserve amount of $25,000. (a) Revenues. "Revenues" shall mean all cash receipts of any kind from operation of the Facility, including but not limited to green fees, cart rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals, proceeds 1brÌÌî the sale of assets, and interest. Also revenues shall include advances from the City and insurance proceeds. £U€R.G. fZ.f;.£N 4lLlð,~c.£ be. LÆ' uJ. City of North Richland Hills/Recreational Services, ltd: Personal Services Management Agreement Page 3 (b) Expenses. "Expenses" shall mean all cash expenditures and losses of any kind from the operation of the Facility, including but not limited to: (i) Payroll, payroll taxes, employee benefits and unemployment insurance and taxes; (ii) Payments for food, beverage, merchandise and supplies; (iii) Insurance costs; (iv) Payments for advertising and promotion of the Facility; (v) Lease payments and debt service payments for equipment, furniture, fixtures and other capital items, provided that the purchases or lease of the item were approved by the City; (c) Approved Capital Expenditures. "Approved Capital Expenditures" shall mean cash payments for equipment, furniture, fixtures, Facility improvements and other capital items approved by the City. (d) Approved Reserves. "Approved Reserves" shall mean the amount of cash (;',.t G L approved by the City to be held by -RSL for operation of the Facility. 4. Cash Flow Deficits G4c.. Ü€tGb.eLJ, 1993 - March31,-199A,RS-Lwill--adv-anee-tbe-amo ~eed-$z06;600indusive-of-accnTed interes[, nee ~e course. RSL sllall maintain-a est earning account balance f each Fiscal Y car. for-the aerating de£ici-ts-.shaU--Þe determined as-# . éw-from all preceding jealS Wele availäbl~ fOl use at the her the City actually makes it available or not. The intuest d 6'Jf.L ~ )(0) Advances from the City. The City shall advance to-RSt the amount of cash necessary to meet obligations, when net cash flow is not sufficient. other tRail ~ -4 (a~ ~t:V"é~R¡¡,u.4CCJ,.:JNe£ c;0U; L7D. City of North Richland Hills/RecreatIon ,Sel y il:t:5, Ltd'. Personal Services Management Agreement Page 4 5. Fiduciarv Relationship. All of the Revenues and Expenses arising in connection . h . f h F ·1' h I E",<::J?;L WIth t e operatiOn 0 t e aCI lty s a I belong to or be owed by R-sI..:, all employees f'"A G c.... of the Facility shall be employees of RSf.::, and all assets and liabilities located at the (oth,,-r +~""'" t k....G"ff (:o....r~~) ,,-,d *L¡ cu...l"L..o....s <.~ F acili ty (GtheF-than-tfie--Getl-tEotme;-the-Eltibhtmsej-and-GtOO-F--Start",up--ite-ms funded by-the-€ityiInfCCOTdance-with-paragrãp!1-2(d}-abðVe-1-shall be the property or €A~G E:4.ç,'c.. obligation of -RSb. However,.f:{SL shall maintain a separate account for the receipt of Revenues and advances from the City and the payment of Expenses and approved capital expenditures, which account shall be designated as the "Facility Account." Eh'6c.... --R-S£ shall have a fiduciary duty to the City with respect to its operation of the Facility, faithfully accounting to the City and paying all payments due to the City in ~!''1. 6 c. accordance with this Agreement. ~ shall in no way commingle the Revenues and advances from the City with other money or accounts, and it shall not take any money or property from the Facility Account or the Facility except for Management Fees and expense reimbursements set forth in this Agreement. In addition, no EAGC- purchase of goods or services shall be made by R5t as an asset or Expense of the 64::; c- Facility from an entity affiliated with -RSL unless such purchase is on terms reasonably competitive with terms available from non-affiliated sources. Any breach of the covenants contained herein shall be a breach of the fiduciary obligation of ~GL -!{-5I:, to the City hereunder. £/J6 L 6. Management Fees. In exchange for the services to be rendered by RSL G46C- hereunder, RSt shall be reimbursed from the Facility Account for all direct and indirect out-of-pocket expenses incurred by it in connection therewith, and~shall be paid the Fixed Management Fee. This fee will include all accounting fees. (a) Fixed Management Fee. The Fixed Management Fee for each month of the OdDk ,) 1'1,5 fiscal year beginning Octobcr.,J,~ shall be $6,500. The fixed management fee for each succeeding fiscal year during the term of this Agreement shall be adjusted in accordance with the Consumer Price Index (C.P.!.) £V"~¡¿f.Jt!€tN 4LLIAA/C€. bOLl~ ~TD. City of North Richland Hills/Recreational SeI rices, Ltd. J Personal Services Management Agreement Page 5 (b) Accrual and Payment of Contingent Management Fee. The Contingent Management Fee shall be payable from the Facility Account in the first month following a fiscal year in which the Revenues (other than interest and proceeds from the sale of assets, hereinafter referred to as "Gross Revenues" $' 1/12.'5.)QOO. are not less than $1,100,600. This fee will be subordinated to debt service for the golf course. If for any reason the golf course does not meet debt service, then the contingent management fee will be deferred up to 36 months from ¡qc¡s October 1, f99~ until funds are available. For purposes of this paragraph, funds shall be considered available when cumulative cash flow is positive. Notwithstanding the foregoing, if this Agreement is terminated for any reason, Q4G c.. then all unpaid contingent feesshall be paid to RS£ within 10 da~ of notice of such termination. - For the fiscal year in which this Agreement is terminated, the Gross Revenues for the fiscal year shall be reduced based on a reasonable proration. (c) Amount of Contingent Management Fee. The ~~trr1é.i1t Management Fee, if and when earned hereunder, shall be for the following-for--th-e--peflO stated below: C. 7 ,,¡ Î~CU'\ ~ cv. l' <> .. .o~ t I . 'i 2 S """'-' llL¿ '" . (î) For F~2 93: 5% of gross revenues alJvvt: $1,100,000.00 not to excet:ù an amoum equal Lv lht: lJa::,t: managt:ulI:;l1t-Íee. (ii) ror Fiscal 1993-94. 6% vf l5wSs It:venues above $1,100,000.00 noHo exceed an amOuul equal to llIe base-managcment fee. (iii} For Fiscal 1994-95. 1995-96. 1996-9"7: 7%-ofgruss revenu8&-aoo\le $1, 1{)O,OOOÁ)O-IIDt-to~Gee-4-an-iimGlH-1-t-e{fual-tO-tbe-base-manageme.nt fee. For the fiscal year In which this Agreement is terminated, the Contingent Management Fee for the year shall be reduced based on a reasonable proration. EV€~(;I?C£N ALU~t: <;0LÇ t...TÐ. City of North Richland Hills/Recreational Servict=~, Lta. Personal Services Management Agreement Page 6 EA&L 7. Accounting. R-5L shall maintain books and records relating to the business activities of the Facility in accordance with generally accepted accounting principles, separate from its other books and records. Monthly financial statements shall be prepared. These statements shall include unaudited balance sheets and income statements (the "Financial Statements") prepared as if the operation of the Facility 'eAf. L.. £'A6'- is a business entity separate from 1tSt and the City. R-5L shall deliver a copy of each Financial Statement within a reasonable time after the end of each month. In 600 G '- addition, RSL shall deliver a copy of its audited financial statements for each calendar year beginning with 1988 and continuing until the termination of this Agreement. At any time during the term of this Agreement, the City shall be entitled to inspect the books and records of the Facility, and it may conduct an audit of the Facility and the Financial Statements, provided that any expense incurred by the City in conducting an inspection or audit shall be borne by the City. Accounting fees are included in the fixed management fee. -. 8. Termination Option. In addition to the termination option described in paragraph 1 above, the City shall have the option of terminating this Agreement in £iqG L the event of a default by RS£ hereunder. (a) Default. The following shall, unless cured in accordance with paragraph B éA6c.. below, constitute a default by RS£ (a "Default"): &«~ (i) Any breach of the fiduciary obligation of R5t under paragraph 5 of this Agreement; (ii) The filing of a voluntary petItIOn for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; 646c.. (iii) A discontinuance by RSL of its business or abandonment of its activities at the Facility; or £4bL (iv) A failure of RSE to perform its duties under this Agreement. ~ €V€£bf2.ŒN A<..U4NG/5 6oC? LTD. City of North Richland Hills/ ì eatiollal Service:), Ltd. ,/ Personal Services Management Agreement Page 7 (v) The loss of, or disposal of, control of the corporation by the Peterson family unless the City consents in writing to waive this type of default. 6>96'- (b) Cure. -R-S£ shall have thirty (30) days after written notice from the City specifying the nature _of any Default under paragraph (a) above, to cure such Default, provided that if the nature of the Default is such that it cannot be fully cured within thirty (30) days, ~ ~hall have such additional time as may be reasonably necessary to cure such Default so long as ~c... diligently pursues cure of the Default. (c) Exercise of Termination Option. The City may exercise its option hereunder . h· A b· . . . f D f ~É c- to termmate t IS greement y gIVmg wntten notIce 0 the e ault to . In the event of a Default under paragraphs (a) (i), (ii), (iii) or (v), this Agreement shall terminate immediately upon delivery of written notice from ..££6C- the City to !{ðt of its election to terminate the Agreement. In the event of a default under paragraph (a) (iv) above this Agreement shall terminate upon expiration of the cure period under paragraph (b) following delivery by the E11<;' L E:lGc City to RSL of its election to terminate the Agreement provided that-RSL has not timely cured the Default. 6'AS L- 9. Transfer Upon Termination. Upon termination of this Agreement, RSL shall p ÎOfQr~':t transfer and assign all of the assets to the City which would property be reflected on the Financial Statements of the Facility as provided in Paragraph 7 of this Agreement. The City shall assume all liabilities which would properly be reflected on the Financial Statements and all obligations and contingent liabilities relating to the Facility, other than contingent tort liabilities which result from the intentional EAt; L. wrongdoing of-R5L or its agents and other insured tort liabilities. (a) Assets to be Transferred. Said assets shall include, but not be limited to, all ~L~ of R-Sb!s- right, title and interest to any of the following arising out of activities of the Facility, advances from the City, or Revenues of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by the City): £VG'.(G~£€NAC.U4I1..JGe- GoU"', L-!of. City of North Richland HilIs/ . ',. Personal Services Management Agreement Page 8 (i) Cash, including the Facility Account; (ii) Accounts receivable; (iii) Other receivables; (iv) Inventories of merchandise, food, beverages and supplies; (v) All equipment, furniture and fixtures; (vi) Prepaids and deposits; (vii) Contract rights; (viii) Trade names; (ix) Books and records; and (x) Goodwill. (b) Liabilities to be Assumed. Said liabilities shall include but not be limited to ~ßL all debts and obligations of RSf:. arising out of the operation of the Facility remaining unpaid or unsatisfied at the time, other than tort liabilities resulting from the intentional wrongdoing o~-t- or its agents. (c) Closing. The transfer of assets, J3ayment of the Debt Service on Initial RSL Gapital and assumption of liabilities shall occur on or within a reasonable time following the date on which this Agreement is terminated. EA6C- 10. Indemnity. R-SL is not an agent or employee of the City hereunder, and all of its activities relating to the Facility shall be in its capacity as independent contractor to the City. (a) Obligations of the Facilitv. Provided that the City is not in breach of its €ri b L.. obligations hereunder, at the Expense of the Facility -RSL shall pay all obligations and defend all disputed claims arising out of or resulting from tA6(.~ ~ activities conducted in connection with or incidental to this Agreement. (b) Indemnification by ~ .RSiL agrees to indemnify, hold harmless and defend the City, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs E"YE~t:"~é~r/ At. L.¡~Cê. {;ou= L.lef. City of North Richland HilIsjReereatiGnal Services, Ltár Personal Services Management Agreement Page 9 ~c.::' arising out of or resulting from R-5Hs. intentional acts or other uninsured tort liabilities. (c) Indemnification bv the City. The City agrees to indemnify and hold harmless and defend ~ its- officers, agents and employees, from and against all liabilities for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use, and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from the liabilities and obligations to be assumed by the City in accordance with paragraph 9 of this Agreement. E;((£t. (d) Notice of Claims. RSL and the City will provide each other with prompt and timely notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to appear and defend the claim or action on its behalf. ê~'L 11. Insurance. As an Expense of the Facility, RSt agrees to obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the State of Texas. ištL shall furnish to the City certificates of insurance or copies of the policies, evidencing the required insurance within thirty (30) days prior to the expiration date of the previous certificate(s). So ~§_c.. long as the City is not in breach of this Agreement, ~ agrees to secure and maintain the following types and amounts of insurance, for the term of this Agreement. (a) Type and Amount of Insurance. Tbe type and amount of insurance to be obtained for the Facility is as follows: "TYPE" 1. Worker's Compensation and Employer's Liability or acceptable alternative. "AMOUNT' Statutory R,VéRG"t.eééN 4L/AAJC£i Go ~ c...M City of North Richland HilIs/ eereational Sel vil.es, Ltd; . Personal Services Management Agreement Page 10 (iii) Provide thirty (30) days' written notice of any material change, termination or cancellation. 12. Miscellaneous. (a) Assignment. The fights and obligations under this agreement are not assignable by either party without the written consent of the other party u.~" C1.A.& c.... cJ.l'1 hereto; provided, however, that such consent shall not be unreaso!labi-¢ withheld taking into account only the capability of the proposed assignee to perform the duties of the assignor hereunder. (b) Notices: In the event of delivery of any notice provided for or required under this Agreement, the notice shall be in writing and shall be effective upon delivery if delivered in person¥ or by messenger, or upon the third business day following deposit in the United States mail, if mailed certified mail, return receipt requested, postage prepaid, to the address of the addressee as follows: If to the City: The City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 f".¡qG L- If to RSt: Rccreational Services, Ltd. Cvc..~ I"eJU'1 A lll~<:...L Go If¡ L+..Q. ~696 Skillman, Suite 220 'iso s- F(-Q1>..D.o.'-+ pc cft.. 3f:o . --r - 1'\...,:)'1 . I;) . Hallas, TX 75243 "'Tr-v,,,,,,-, ¡'x. fSO~3 At-m.:-Mich::Jpl D. Lohner, Vice President ,cQ14" ~ M 1c.L-.~l 'D. Lot......~ Cl.c... t" """"^ ,,-^d C£ 0 J Any party may change its address for notification purposes by giving the other parties written notice of such change in the manner provided above. (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. (d) Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, and shall be enforceable in Tarrant County, Texas. L~It.G4EtN ,Q(U~AC£ 60(,F W City of North Richland Hillsj.Keereatioo-al Set vices, Úa~ . Personal Services Management Agreement Page 12 2. Comprehensive General (Public) Liability (or its equivalent) - to include (but not limited to) the following: (a) Premises/Operätions (b) Independent Contractors ( c) Personal Injury (d) Products/Completed Operations 3. Fidelity Insurance - covering all employees and officers having access to monies collected. 4. Property Insurance - for p~ical damage to the property of~ located at the Facility, including improvements and betterment to the Facility. Bodily injury: $500,000 - per person $1,000,000 - per occurrence and and Property Damage: $250,000 - per occurrence or $1,000,000 Combined Single Limit for bodily injury and property damage. Amount sufficient to protect the loss of the largest dollar amount in the control or possession of an employee at any given time, but not less than $125,000 or such other amount as requested by the City. Coverage for minimum of one hundred percent (100%) of the fair market value of property. 5. Comprehensive Automobile Liability Bodily Injury: (or its equivalent) - to include $500,000 per person coverage for: $1,000,000 per occurrence and Property Damage: $250,000 per occurrence $1,000,000 Combined Single Limit for bodily injury and property damage. (a) Owned/Leased Automobiles (b) Non-owned Automobiles ( c) Hired Cars (b) Additional insurance Requirements: With respect to the above-described insurance, ~ agrees to: (i) Have the City named as an additional insured, or an insured as its interest may appear. (ii) Provide for a Waiver of Subrogation in favor of the City. €'Æ'~(;'~¡v ALUANCE'~~ LIctJ City of North Richland Hills/R~Cl eötiunal Senices, t: . Personal Services Management Agreement Page 11 (e) Attornevs' Fees. In the event any party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all attorneys' fees and court costs incurred as a result of such proceedings. (f) Parties Bound. With the exception of the limitation on assignability of this Agreement as provided above, this Agreement shall bind the respective successors and assigns of the parties hereto. (g) Headings. The headings used in this Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement. (h) Legal Construction. In case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, this Agreement has been entered into as of the date first written above. ATTEST: THE CITY: ~t1.{Ù¿i ~'h..- .IlsSl;. ity Secretary THE CITY OF NORTH RICHLAND HILLS, TEXAS By: E.1/~f;;JI!:.€£ /\/ A (Ü4AJCf (,;0 <.f c...,;..f, City of North Richland Hills/ReCleational Sel vices, Ltd." Personal Services Management Agreement Page 13 eíCIGL RSL: é:'V€RG~lÁ.NC4e. ~O<..FEs CìD. REeR ~ SERVIC , LTD. [:v[AG i':E[N ,4LLlANCG Gcx..F n.-tA"..h4S£"'1C~';~. By: REeREAllONAL SERVIt::LS C.P., ING. General Partner By: l/:!~ ~G~ p.;,Jad STATE OF TEXAS > > COUNTY OF TARRANT> B.EFORE ME, the undersigned auglOrity, a Not~ry ;ublic.in and for the State of Texas, on thIS day personally appeare~.?77,~h??/V.2Jn71, Y)/~f/ of THE CITY OF NORTH RICHLAND HILLS; TEXAS, known to to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the proposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. ~-Æ:~~)MY ~~;1.~D SEAL OF OFFICE this !ftiL day of exas ~-//- ý~ 6//?~.Jt/ hÉ£[1'E Print Name of Notary My Commission Expires: EU['«It..£Er--J A City of North Richland Hills/ . Personal Services Management Agreement " ¿/~ Page 14 ~:C:.......-(...v r- ~/,.. &e'C."'T/~ Q¡t:;r/UÙt!: STATE OF TEXAS v 0-1' CVéeGR€EN .4¿c...14AJCf:' {;//' /U..-rÁ6e/>1C>v7Ç:. Lu(" \ COUNTY OF DALLAS > )1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mr. Mike Lohner, Vice-President of RECREATIONAL SERvlCES a.p., lNG, which is the General Partner of RECREATIONAL SERVI€ES, -bID., a partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. > > GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,lid/¿ day of ,11£(" /.-rr! II/:~~.' ' 19£6.. 6 - //-~0 , My Commission Expires: G6...v€'~¿ i~~T7V€:~ ~ o-f' EV~ICÇ.~~EN 4û..../~A/c..é. 6oé.F ¿_I"'-E.D E veRGI<€ê.JV Rc.U 1"1,voC€ (;() LF; LfJJ. City of North Richland Hills/Reef'eational Scnices, Ltd. Personal Services Management Agreement Page 15 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8/28/95 Subject: Approv~1 of r.~hIA ~Arvi~A Fr~n~hi$E" Tr~n$fE'r from Sammons Communications, Inc. to Marcus Cable Associates, L.P. and Acceptance Agreement - Ordinance No~ 2066 Agenda Number: ON 95-113 - On May 5, 1995, the City of North Richland Hills received formal notification (FCC Form 394) from Sammons Communications and Marcus Cable requesting the City's approval of a transfer of-service from Sammons Communications to Marcus Cable. On June 12, 1995, the City Council voted to enter into a contract, along with other area cities, to retain the legal services of Varnum, Riddering, Schmidt, and Howlett of Grand Rapids, Michigan to represent the cities in the consideration of the transfer. The firm retained KFA Services to evaluate and report on the financial condition of Marcus Cable. KFA Services found that Marcus did have some apparent weaknesses in its debt structure, but that overall, "we believe that Marcus has the capacity to successfully finance and operate the Sammons area system over the next five to ten years..." Based on this and other analysis, the firm entered into negotiations with Marcus and Sammons to negotiate a conditional transfer of service, which is represented in Ordinance 2066. The conditions negotiated are intended to specifically protect the City's system, public rights-of-way, and the Citizens of North Richland Hills. These specific conditions are found in the Acceptance Agreement which is identified as Exhibit 1 in Ordinance 2066. As a condition of the transfer, Marcus Cable has agreed to reimburse the City for all legal expenses billed to the City by Varnum, Riddering, Schmidt and Howlett. Recommendation: Staff recommends the approval of Ordinance 2066. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ".- Oth r Acct. Number Suffi ¡ent Funds Available ature CITY COUNCIL ACTION ITEM Flll8llce DifeClor Page 1 of ORDINANCE NO. 2066 AN ORDINANCE AMENDING ORDINANCE NO. 1862 WHICH GRANTED A CABLE TELEVISION FRANCHISE, GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM SAMMONS COMMUNICATIONS, INC. TO MARCUS CABLE ASSOCIATES, L.P.; AND APPROVING AN ACCEPTANCE AGREEMENT. WHEREAS, the City has granted a cable television franchise to Sammons Communications, Inc. ("Sammons") pursuant to Ordinance No~- 1862, (collectively the "Franchise"); and WHEREAS, on April 5, 1995, Sammons as seller and Marcus Cable Associates, L. P. as buyer ("Marcus") entered into an Asset Purchase Agreement pursuant to which Sammons agreed to assign and transfer the Franchise and its cable television system in the City to Marcus; and WHEREAS, Marcus and Sammons submitted an Application for Franchise Authority consent on FCC form 394 providing certain information with respect to the parties and the proposed transfer; and WHEREAS, Marcus and Sammons submitted additional information and documents relating to the transaction and its effect on the provision of cable television service within the City in response to requests of the City; and WHEREAS, the City is relying upon the information and documents submitted by Marcus and Sammons in acting upon the Application for Franchising Authority Consent; and WHEREAS, the City intends to consent to the transfer and assignment, subject to Marcus' acceptance of the terms and conditions set forth herein, having determined that such consent is in the best interest of and consistent with the public necessity and convenience of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills that: Section 1. The City does hereby consent to the transfer and assignment of the Franchise and the cable television system in the City from Sammons to Marcus Cable Associates, L.P. in the manner proposed, subject to the following: a. Execution by Marcus of an Acceptance Agreement in the form attached hereto and incorporated herein as Exhibit 1; and Ordinance No. 2066 Page Two b. Execution by Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P. of an agreement in the form attached hereto and incorporated herein as Exhibit 1 unconditionally guaranteeing Marcus' performance of the obligations of the Franchise and the Acceptance Agreement. Section 2. Marcus may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the cable television system and-Franchise, to any lender providing financing to Marcus. Any assignment or transfer by a lender or as a result of a foreclosure will require the City's consent as provided in the Franchise. Section 3. To the extent that this ordinance or the attached Acceptance Agreement modifies any of the terms and conditions of the Franchise, the Franchise is hereby amended. Except as hereby amended, the provisions of the Franchise shall remain unchanged. Section 4. This ordinance shall be in full force and effect at the time provided by law from and after its passage and written acceptance by Marcus; provided however, that this ordinance shall expire on March 31, 1996, and shall be of no further force and effect if the transactions described in the Asset Purchase Agreement between Sammons and Marcus have not been closed by that date. PASSED AND APPROVED by the City Council of the City of North Richland Hills, Texas this the day of , 1995. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City ACCEPTANCE BY MARCUS OF TERMS AND CONDITIONS TO TRANSFER OF A CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") Marcus Cable Associates, L.P. ("Marcus") makes the following agreement for the purpose of accepting Ordinance No. 2066 of the City of North Richland Hills, Texas ("City") consenting to the transfer of the franchise granted by Ordinance No. 1862 as amended from Sammons Communications, Inc. to Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P. join this Agreement for the purpose of guaranteeing Marcus' performance of the Franchise and this Agreement. 1. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Marcus. 2. Marcus acknowledges that the transactions described in the Asset Purchase Agreement dated as of April 5, 1995, between Marcus Cable Associates, L.P. as buyer and Sammons Communications, Inc., Sammons of Fort Worth, and other entities as seller (collectively "Sammons"), and the transfer of the franchise granted by Ordinance No. 1862 (the "Ordinance" or "Franchise") pursuant thereto are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations of the Grantee provided for therein, and that the consent of the City to the transaction does not constitute a waiver or release of any rights of the City. Marcus assumes and agrees to perform all of the obligations of the Franchise including any obligations to make refunds for periods prior to the transfer. 3. Marcus acknowledges that the City has consented to the transaction in reliance upon the representations, documents and information provided by Marcus and Sammons, all of which are incorporated herein by reference. 4. Customer Service. (a) Marcus will comply with the customer service rules of the FCC as presently in effect, 47 CFR § 76.309. Marcus's compliance shall be measured and enforced as follows: (i) For the purpose of such rules "normal business hours" therein are deemed to be 8:00 AM to 5:00 PM Monday through Friday, and Saturday 9:00 AM to 1 :00 PM. (ii) Transfer to or answering by a voice mail system (or other automated response system) does not constitute answering "by a customer representative" under § 76.309(c)(ii) or analogous provisions of such rules. (iii) Within 20 business days of the close of each calendar quarter (or monthly, if the City requests same), Marcus will provide the City with a report in such form as the City and Marcus may reasonably agree, setting forth on a consistent basis, fairly applied, Marcus's performance as compared to such standards, including in particular as compared to the standards for telephone answer time, busy signals, standard installations, service interruptions, appointment windows, refunds and credits. (iv) Such reports shall show and use the telephone calls originating from within the City if that information is readily available from the system, and as to installations, service interruptions, appointment windows, refunds, credits and the like shall show and use data only for subscribers in the City. (v) Such reports shall show Marcus's performance including and excluding any periods of abnormal operating conditions, and if Marcus contends that any such abnormal conditions occurred during the reporting period in question, they shall also describe the nature and extent of such conditions. (vi) Marcus acknowledges that noncompliance with customer service standards will harm subscribers and the City and that the extent of harm will be difficult or impossible to measure. The City may therefore assess liquidated damages against Marcus for non-compliance with the preceding customer service standards as follows: The FCC Rules currently state as to § 76.309(c)(1)(ii) and (iv); and § 76.309(c)(2)(I), (ii), (iii) and (iv) (collectively "quarterly customer service standards") that the standards set forth therein "shall be met no less than ninety (90) percent of the time under normal operating conditions measured on a quarterly basis." a. Liquidated damages may be assessed if Marcus does not meet the ninety (90) percent standard for a given subsection (for example, §76.309 (c)(2)(ii)) of the -2- quarterly customer service standards in a given calendar quarter as follows. First Noncompliance Second Noncompliance Third and subsequent Noncompliance $0 $500 $1,000 b. The City may collect liquidated damages from any bond or letter of credit furnished under the Franchise. (b) In the event of a change in 47 CFR § 76.309 that makes any of the Federal customer service standards therein less stringent than those in effect in July, 1995, the City may adopt customer service regulations as to the subject matter of the portion of the rule that is changed. City agrees to meet with Marcus on any proposed changes prior to taking action on them, and to provide Marcus with at least 60 days notice of such action. Marcus agrees to comply with any such provisions that are no more stringent than those contained in 47 CFR § 76.309 as in effect in July, 1995 and to such extent agrees that it is not entitled to recover the costs of such compliance through external cost treatment or otherwise. (c) Marcus acknowledges that under applicable law the City may unilaterally establish and enforce reasonable customer service regulations that exceed or are not addressed by the standards established by the FCC or the standards currently established by the Franchise. (d) Marcus will provide at minimum the same quality of customer service that Sammons is currently providing, but in all events no less than the quality of service required by the Franchise, any other applicable City ordinance and applicable FCC regulation. As evidence of and to assist in compliance with such commitment, Sammons and Marcus agree as follows: 1. On an annual basis Marcus will provide the City with historical expenditure information and staffing levels on customer service related matters; the customer service standards currently used; its materials, if any, on same as used by its customer service representatives; and its procedures and forms used to measure compliance with applicable customer service standards. -3- 2. Marcus will provide such other information as the City reasonably requests relating to customer service matters. 5. Signal Quality. The following shall apply to Marcus' implementation of and compliance with the rules and regulations relating to cable television technical standards for signal quality adopted by the FCC in MM Dockets 91- 169 and 85-38 on February 13,1992 and subsequent amendments thereto: (a) All testing for compliance with the FCC technical standards shall be done by a person with the necessary expertise and substantial experience in cable television matters. (b) Upon request, Marcus shall provide the City with the written report of such testing. (c) Marcus shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to the manager of Marcus' local office. All matters not resolved by the manager shall at Marcus' or the subscriber's option be referred to City for attempted resolution. All matters not resolved at that step shall be referred to the FCC for it to resolve. (d) Marcus shall annually notify its subscribers of the preceding. (e) Upon request by the City, Marcus at its expense will test the system in areas or at subscriber locations specified by City where there are apparent problems and provide City with the written report of such testing. If the test shows a non-compliance with such standards, Marcus will bring the system into compliance with such standards within 180 days. 6. Prior Defaults. Marcus agrees on behalf of itself and its affiliates that it will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546(c)(1 )(A) (Communications Act of 1934, Section 626(c)(1 ) (A)) (collectively "defaults") by Sammons occurring prior to the transfer to Marcus are waived, including but not limited to the following: (a) The ability of the City to obtain redress for prior defaults, such as recovery of any underpayment of franchise fees. (b) The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. -4- Marcus reserves the right to contend that the transfer and the City's approval thereof preclude the City from considering defaults that occurred prior to the transfer in connection with any renewal or non-renewal of the Franchise. The City reserves the right to oppose such contention. The City confirms that it has informed Marcus of all defaults or other instances of noncompliance with the Franchise of which the City Administrator primarily responsible for cable television matters is aware as of the date hereof (without, however, having conducted any financial or other audit of performance or compliance). 7. Validity of Franchise. Marcus accepts and agrees to be bound by the terms and conditions of the City Charter, the Franchise and all other ordinances applicable to its operations after the transfer. Marcus does not contend that any provision of the Franchise is unlawful or unenforceable, nor is it aware of any other ordinance or any provision in the City Charter which it contends is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 8. Service and Equipment for Public Facilities. (a) Marcus will continue to provide the same installation and service without charge to public facilities as Sammons is providing at the present time, but in all events no less than is required by the Franchise or any other applicable city ordinance. (b) In addition, at the City's request Marcus will provide to the public facilities identified in the Franchise or other applicable city ordinance the highest level of installation and service without charge as it provides to any other community in the Fort Worth area. (c) If any service or equipment for public facilities provided pursuant to subsections (a) and (b) above exceeds the requirements of the Franchise or other applicable city ordinance, Marcus will not pass through the costs as so-called "external costs" or as new franchise requirements except that Marcus may pass through the cost of such services under subsection (b) above that exceeds the requirements of the franchise or other applicable city ordinance to the extent that cost exceeds $500 per year. 9. EEO Matters. Marcus agrees to faithfully adhere to all applicable federal, state and city laws, rules and regulations relating to non-discrimination, equal employment and affirmative action. -5- 10. Access to Records. The records and reports of the franchise grantee which are to be submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., Marcus Cable Properties, L.P., and their affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Agreement. 11. Franchise Requirement. (a) Marcus will give the City 60 days notice in writing prior to allowing any telecommunications entity other than Marcus to use or lease its facilities (other than towers) in the City or capacity thereon or to amending any agreement with such an entity. No such arrangements or uses are presently in existence except as have been disclosed. "Telecommunications entity" means any entity subject to the jurisdiction of or regulated by the Federal Communications Commission (such as under the Communications Act of 1934 as amended) or the Texas Public Utility Commission or their successors, including telephone, alternative access and cable companies. Marcus will provide the City with such documents relating to the foregoing as the City may reasonably request, including copies of the agreements. (b) Marcus will give the City 60 days notice in writing prior to providing telecommunications services within the City or making its facilities (other than towers) available to others for that purpose. "Telecommunications services" means conventional telephone service, such as switched local exchange service; and non-switched services, such as alternative access service which connect user locations and connect users to long distance companies. (c) Nothing herein shall expand or modify any restrictions or limitations under the Franchise or applicable law on use for telecommunication purposes of the facilities being acquired by Marcus. 12. Transaction Transparent to Rates. Marcus acknowledges that the transfer, the consent process, the City's action granting consent, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers through cost pass- through as so-called "external costs" or as new franchise requirements and the consent process, action, and this agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner. -6- 13. Other Matters. (a) In the event of any conflict between the terms of this Acceptance Agreement and the Franchise or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. (b) Marcus will join the City in obtaining from the FCC any waivers from time to time necessary to effectuate the provisions of this Acceptance Agreement. (c) If the transfer of the Franchise to Marcus Cable Associates, L.P., is not completed on or before March 31, 1996, then at the City's option prior to the transfer occurring, this agreement and the City's consent to transfer shall become null and void. Such option may be exercised prior to the transfer occurring by the City giving written notice to Marcus and Sammons at the addresses designated in the Asset Purchase Agreement dated as of April 5, 1995. (d) Marcus will cause the City to be reimbursed, by Sammons or otherwise, for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. Such reimbursement shall not exceed the aggregate amount of $125,000 plus publication costs for the City and the other municipalities which have acted with the City in connection with the consent process. (e) The term "affiliate" means any individual, partnership, association, joint stock company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. (f) Venue of any suit under or arising out of this Agreement shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 14. Marcus will continue to provide the same level of responsive technical assistance to the City cable channel (Citicable) as the City has received from Sammons. -7- 15. Marcus has informed the City's financial consultant, KFA Services, of the terms of commitments it has received from equity investors and lenders for financing its acquisition of the Sammons systems. KFA Services' report of August 4, 1995, is based in part on this information. Marcus acknowledges that the City is relying on that report in acting on the application for approval of the transfer. Marcus agrees to inform the City's financial consultant of any material difference~ between its final financing arrangements and those disclosed in the approval process. Marcus further agrees that the City may withdraw its approval and reconsider the application if any such differences would have a material adverse effect on Marcus or the subscribers. Marcus Cable Associates, L.P. Dated: By: Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P., and Marcus Cable Properties, L.P., hereby unconditionally guarantee performance of the obligations of the Franchise and of this Acceptance Agreement by Marcus Cable Associates, L.P. Marcus Cable Operating Company, L.P. Dated: By: Marcus Cable Company, L.P. Dated: By: Marcus Cable Properties, L.P. Dated: By: H:\WPFILES\ACC-AGRE -8- CITY OF NORTH RICHLAND HILLS Department: Council Meeting Date: .,-", S b· tAudioNisual System for City Hall Complex---Change Order NO.4 A d N b GN 95-114 u Jec : gen a urn er: Management Services 7/28/95 The original alternate bid of $170,000 for the AudioNisual System for the City Hall Complex was not accepted because of equipment compatibility. City Staff worked with the audio/visual engineer to revise the technical specifications for interphasing existing Citicable equipment with the new equipment and facility. R. C. Small & Associates re-bid the audio/visual portion of the project using the new specifications with Accurate Enterprises, Inc. being the low bidder. Accurate Enterprises, Inc. General Projection System Electro Accoustics Padgitts $171,901 172,282 174,651 179,274 Change Order No. 4 for the City Hall Project provides for the AudioNisual System using Accurate Enterprises, Inc. as the sub-contractor. Recommendation: It is recommended that the City Council approve Change Order #4 in the amount of $171,901. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating BUdgete- Other ~ _ --Jh~~ ,il R ~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number 13-79-94-6000 Sufficient Funds Ava lable . Finance Director CITY OF NORTH RICHLAND HILLS '-...Department: Environmental Services Inter-local Agreement for Subject: Household Hazardous Waste Collection - Resolution No. 95-50 Council Meeting Date: 8/28/95 Agenda Number: GN 95-115 This year Tarrant County has received the grant for sponsoring the second regional household hazardous waste collection event which is scheduled for October 28, 1995. The following two sites have been designated as: (1) Fort Worth: Tandy Center Parking Lot (2) Northeast Tarrant: TCJC Northeast Campus Even though Tarrant County applied for and received the grant from TNRCC, the City of Fort Worth will be responsible for administration of the event and contracting with the disposal contractor as they did last year. This year, twelve cities have expressed interest in participating in the event. The grant is for up to $100,000 in project funding to pay for non-disposal costs of the event and includes such expenses as site setup, collection administration, transportation costs, advertising, and public education materials. Entities will contract with Fort Worth to participate in the event. The contract specifies a "not to exceed" cost based on an estimated household participation rate and an estimated cost per household of $75. Using the estimated participation figure of 290 households, the cost to North Richland Hills is $21,750 which is close to the original projected cost of participation in 1994. Cities will pay lesser amounts, if applicable, as was the case last year for North Richland Hills when our actual cost was $11,817. It should be noted that this cost was less than projected even though we had more than twice the predicted participation last year. Two hundred sixty-seven North Richland Hills households participated in the 1994 program. Each participating city is required to approve the attached inter-local agreement which includes a mutual ,-.ndemnification and also establishes each participating city's maximum share of the events non-grant funded costs. The notice of intent to participate is needed by September 1. 1995 to enable production of advertising materials. The City's Environmental Services Department receives telephone calls daily from residents requesting information on disposal of household hazardous waste. Resolution 95-50 will establish a safe and inexpensive method for disposing of pesticides, solvents, paints or other chemicals used in the household. This second collection event will give all residents of North Richland Hills the opportunity to safely dispose of any household hazardous waste free of charge. Volunteers that worked last year have once again expressed a desire to help during the event. There is funding in the 1995/1996 Budget to cover the cost of a public awareness campaign to ensure maximum participation. Recommendation: It is recommended that the City Council approve participation in the second regional Household Hazardous Waste Collection Event and authorize city staff to enter into the required inter-local agreement. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Acct. Number 01-45-01-4240 Sufficient Funds Available , Finance Director CITY COUNCIL ACTION ITEM .' ___"'__._~______.~_._w,________'___'____ RESOLUTION NO. 95-50 BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF NORTH RICHLAND HILLS, TEXAS THAT: 1. The City of North Richland Hills desires to provide an opportunity for its citizens to participate in a household hazardous waste collection event, partially funded by the State of Texas, and sponsored by the City of Fort Worth. 2. The City of Fort Worth will allow participation only if indemnification is provided by participating cities. 3. The City of North Richland Hills does hereby agree to release, indemnify, reimburse, and hold harmless, the participating cities, their officers, agents, and employees, as set forth in the Inter-local Agreement for Household Hazardous Waste Collection. During each year while there is any liability by reason of said contract, including the calendar year 1995, the City Council of the City of North Richland Hills shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which mayor become due during any such year, in no instance to be less than two percent (2%) of such obligation, together with all interest thereon, because of the obligation assumed. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in the City for each year while any liability exists by reason of the obligation undertaken by the contract, and said ad valorem tax shall be assessed and collected each year until all of the obligations herein incurred shall have been discharged and all liability hereunder discharged. Passed and approved this APPROVED: day of ,1995. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Legal Lone Star Gas Rate Filing - Ordinance No. 2070 Council Meeting Date: Subject: Agenda Number: 8/28/95 GN 95-116 The Staff has been coordinating the study of Lone Star Gas Company's filing of April 14, 1995 with the City of Fort Worth. A rate expert, Bill McMorries, was hired and we were prepared to recommend his findings to you. However, prior to the last meeting, Fort Worth had failed to act on the McMorries report. At that time the Council suspended action until August 29, 1995. On August 15, 1995, Fort Worth adopted the McMorries report and granted the rates set out therein. Ordinance No. 2070 adopts the rates set out in the McMorries report and is the same as the Fort Worth rates. Recommendation: It is recommended that City Council approve Ordinance No. 2070. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budg Other Acct. Number Sufficient Funds Available Fln8llce DIr.ClO' CITY COUNCIL ACTION "EM Page 1 of ORDINANCE NO. 2070 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A WEATHER NORMALIZATION CLAUSE; PROVIDING FOR THE RECOVERY OF ANY CURRENT RATE CASE EXPENSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN LINE EXTENSION RATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Effective with gas bills rendered on and after September 1, 1995 and subject to the various provisions set forth in this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of North Richland Hills, Texas by Lone Star Gas Company, a division of ENSERCH Corporation, a Texas corporation. its successors and assigns, is hereby fixed and determined as set forth in Item A in the Attachment hereto which is incorporated herein. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intercompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the North Richland Hills distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3. The residential and commercial rates set forth above shall be adjusted upward or downward for changes in taxes and other governmental impositions, rental fees or charges according to Item D, in the Attachment hereto which is incorporated herein. SECTION 4. Company shall continue to receive the weather normalization adjustments as authorized in the rate ordinance dated August 24, 1992, according to Item C in the attachment hereto which is incorporated herein. SECTION 5. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. The charges set forth in Items E and F in the Attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. The Company will provide monthly status reports to the City to account for the collection of rate case expense. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on this the day of ,A. D., 19_. ATTEST: Secretary Mayor City of North Richland Hills, Texas ITEM A. ITEMB. ATTACHMENT TO ORDINANCE NO. 2070 CITY OF NORTH RICHLAND HILLS, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES RATES Subject to applicable adjustments, the following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge All Consumption $ 8.0000 5.3868 Per Met @ If the service period is less than 28 days in a month the customer charge is $.2857 times the number of days service. If the consumption contains a portion of an Met, a pro rata portion of the per Mcf charge will be made. Commercial Customer Charge First 20 Mcf Next 30 Mcf Over 50 Mcf $ 14.0000 5.5750 Per Met 5.2750 Per Met 5.1250 Per Mcf @ @ @ If the service period is less than 28 days in a month the customer charge is $.5000 times the number of days service. If the consumption contains a portion of an Mcf, a prorata portion of the per Mcf charge will be made. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Met will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: 1 (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Met based upon: (a) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as ''Re") , less (b) The base city gate rate of $4.0200 per Mcf, multiplied by (c) A volume factor of 1.0301 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (2) Correction of the estimated adjustment determined by Item B (1) above for the second preceding billing month shall be included as part of the adjustment. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Met based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Met recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1.06146 to include street and alley rental and state occupation tax due to the change in Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Met by Item B (1), Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2)] X Item B (3) GCA = [(1.0301) (Re - $4.0200) + C] X 1.06146 2 ITEMC. Weather Normalization Adjustment: The Weather Normalization Adjustment clause authorized in the rate ordinance dated August 24, 1992 will continue in effect as follows: Effective with bills rendered during the October 1995 through May 1996 billing months, and annually thereafter for the October through May billing months, the above residential and commercial consumption rates for gas service, as adjusted, shall be subject to a weather normalization adjustment each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the billing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf basis and will be applicable to the heating load of each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW Airport weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: WNA:: NDD- ADD x M x AHL ADD Where: WNA = NDD = Weather normalization adjustment Normal heating degree days during the period covered by the billing cycle Actual heating degree days during the period covered by the billing cycle Weighted average margin per Met included in the commodity portion of the rates effective during the October through May billing months Actual heating load per customer ADD= M= AHL= The heating load to which the weather normalization adjustment is to be applied for residential customers is determined by subtracting the residential class base load from the total volume being billed to the customer. The heating load to which the weather normalization adjustment is to be applied for commercial customers is determined by subtracting the base load for the customer from the total volume being billed to the customer. The base load of a customer is the average level of nonheating consumption. 3 ITEMD. ITEM E. The weather normalization adjustment is subject to a 50% limitation factor based on temperatures being fifty percent warmer or colder than normal. The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. TAX ADJUSTMENT Each monthly bill, as adjusted above, shall be adjusted by, an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July I, 1994 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. SCHEDULE OF SERVICE CHARGES (1) Connection Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule CharQe 8 AM. to 5 P.M. Monday through Friday 5 P.M. to 8 AM. Monday through Friday Saturdays, Sundays and Holidays $ 27.50 41.25 41.25 For each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company; or (c) For any reason deemed necessary for company operations. (2) Returned Check Charges A returned check handling charge of $13.75 is made for each check 4 ITEM F. returned to the Company for any reason. (3) Collection Charge A charge of $9.50 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Franchise for residential, commercial, and industrial customers shall be based on the actual cost per foot of the extension. 5 I CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Admendment to Construction Agreement with the Subject: Trinity RivAr Authnrity fnr I ¡ttlA RA::Ir ~rAAk ,^,~~t~W::ltAr Agenda Number: Interceptor Relocation on Precinct Line Road - Resolution No. 95-48 8/28/95 PW 95-52 Our consulting engineer is currently designing the relocation of Precinct Line Road water and sewer lines for the City. The utility relocations will be done prior to the Texas Department of Transportation (TxDOT) widening the second phase of Precinct Line Road from the railroad crossing north to Davis Boulevard. The Trinity River Authority (TRÃ) has one 33-inch sanitary sewer main which crosses under Precinct Line Road to serve North Richland Hills. This main and metering station will need to be adjusted to avoid conflict with the drainage and street improvements proposed by TxDOT. Since this is the only line relocation by TRA on this project and it serves North Richland Hills, TRA is requesting the City include the 33-inch sewer main relocation in our Precinct Line Road Utility Adjustments, Phase II project. TRA will reimburse the City 100% of the cost for relocating the sewer main within 30 days of a "final accounting of costs" being furnished TRA. The estimated cost for the relocation of the 33-inch wastewater interceptor is $26,500. Funding Source: Sufficient funds were budgeted for the Precinct Line Road Utility Adjustment project by Council in GN 89-04 on January 9, 1989. This amount will be adequate to cover the City fronting the $26,500 for the TRA line adjustment. Recommendation: It is recommended the Council approve Resolution No. 95-48. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot r Page 1 of RESOLUTION NO. 95-48 BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute the First Admengment to the Construction Agreement dated June 22, 1994 with the Trinity River Authority of Texas for the adjustments to the Little Bear Creek 33-inch Wastewater Interceptor under Precinct Line Road at Little Bear Creek. PASSED AND APPROVED this the 24th day of August, 1995. APPROVED: Mayor Tommy Brown ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City AUG-22-95 rUE 07:43 KNOWLTON-ENGLISH-FLOWERS FAX NO. 8173544388 P. 02 ~FT ~ ¡ .._~_.._.. ..._~-t-·~/·-"-~E;-~¡"L¿~~'~~:::·':::·=·~:·'::~·_·~-'_"_'. ~ -;:-;¿~: ;x....-- ! :~! \ . 1[ STAWm 'r-:-;.r::::~~~""'::':"""".'."'" . ~ OUT.;ÀL~r 17~, ~ , A' ./ .... I ..,: '} ~ '~" LY' P::.:.I1\\ 't _ . """ '. I' iOl' / /QJ! d) 1/ l ;. L/~:'·;ï-\... \ \ " . \ - IT ", ......, ............-. 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Ovtfc I I ''''2 C1'\ / E 77 -S'9 Cf L\ IOO'OtCH ç d IOI'OOlel la:r-OOICI FIRST AMENDMENT CONSTRUCTION AGREEMENT TRINITY RIVER AUTHORITY OF TEXAS CITY OF NORTH RICH LAND HILLS STATE OF TEXAS COUNTY OF TARRANT I I - WHEREAS, the TRINITY RIVER AUTHORITY OF TEXAS (hereinafter called "AUTHORITY") has duly executed and entered into an AGREEMENT dated the 22nd day of June 1994, with the CITY OF NORTH RICHLAND HILLS, TEXAS (hereinafter called "CITY") providing for the relocation of a portion of the Tarrant County Water Supply Project's Water Transmission Main, Transfer Storage to Colleyville and North Ric~land Hills in conjunction with proposed improvements to F.M. 3029 (hereinafter called "PROJECT") to which agreement referenced is hereby made for purposes; and WHEREAS, the AGREEMENT was established to provide necessary services for the construction of the PROJECT; and WHEREAS, the Texas Department of Transportation (hereinafter called "TxDOT") has established the need to adjust a portion of the Little Bear Creek Interceptor - Section II in conjunction with the second phase of proposed improvements to F.M. 3029; and WHEREAS, AUTHORITY and CITY wish to amend Section 1 and Section 3 of the AGREEMENT. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the AUTHORITY and the CITY agree as follows: ARTICLE I That Section 1. DEFINITION OF TERMS, B., of the AGREEMENT, which reads as follows: "B. "PROJECT" means the Water Transmission Main, Transfer Storage to Colleyville and North Richland Hills." be OMITTED and DELETED in its entirety, and the following be substituted in its place: B. "PROJECT" means the Little Bear Creek Interceptor - Section II. 1 ARTICLE I I That Section 3. CONDITIONS PRECEDENT, of the AGREEMENT, which reads as fo 11 ows : "The obligation on the part of,the CITY shall be conditioned upon the fo 11 owi ng : A. Preparation of design plans and specifications by the AUTHORITY for the proposed relocation of the PROJECT across F.M. 3029. B. The CITY shall perform bid advertisement, contract award, necessary Change Orders, and construction in accordance with the relocation of the Project across F.M. 3029. C. The AUTHORITY shall obtain all easements necessary to construct the PROJECT relocation. D. The Authority shall reimburse 100% of the construction cost for the PROJECT relocation across F.M. 3029 which is necessary to connect the proposed relocated main to the existing main in the CITY limits. E. The Authority shall reimburse the CITY for the Authority's share of the cost of the PROJECT relocation in an amount estimated to be $83,000, but not to exceed $88,000. If the bid exceeds $88,000, the CITY will not accept the bid without prior approval of the AUTHORITY. F. The AUTHORITY shall design and the CITY shall perform construction of the PROJECT relocation across F.M. 3029 in accordance with TxDOT standard specifications. G. The CITY or its contractor is required to obtain all material, labor and equipment necessary for the administration and construction of the improvements to the ~ROJECT. The CITY shall perform inspection during construction and shall permit the AUTHORITY to perform inspection during construction, but all communications to the CITY'S contractor shall only be made by the CITY. H. The AUTHORITY'S review, approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT, and the CITY shall be and remain liable in accordance with applicable law for all damages to the AUTHORITY caused by the omissions or negligent performance of any of the services furnished under this AGREEMENT by the CITY or its Contractor. I. The AUTHORITY shall pay to the CITY all PROJECT COSTS as hereinafter specified." be OMITTED and DELETED in its entirety, and the following substituted in its place: The obligation on the part of the CITY shall be conditioned upon the following: A. Preparation of design plans and specifications by the AUTHORITY for the proposed adjustment of the'PROJECT across F.M. 3029; B. The CITY shall perform bid advertisement, contract award, necessary Change Orders, and construction in accordance with the adjustment of the Project across F.M. 3029; C. The AUTHORITY shall obtain all easements necessary to construct the PROJECT relocation; D. The Authority shall reimburse its share of the construction cost for the PROJECT adjustment across F.M. 3029. TxDOT has estimated the AUTHORITY's share to be 75%; 2 E. The Authority shall reimburse the CITY for the Authority's share of the cost of the PROJECT relocation in an amount estimated to be $22,500, but not to exceed $26,250. If the bid exceeds $26,500, the CITY will not accept the bid without prior approval of the AUTHORITY; F. The AUTHORITY shall design and the CITY shall perform construction of the PROJECT adjustment across F.M. 3029 in accordance with TxDOT standard specifications; G. The CITY or its contractor is required to obtain all material, labor and equipment necessary for the administration and construction of the improvements to the PROJECT. The CITY shall perform inspection during construction and shall permit the AUTHORITY to perform inspection during construction, but all communications to the CITY'S contractor shall only be made by the CITY; H. The AUTHORITY'S review, approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT, and the CITY shall be and remain liable in accordance with applicable law for all damages to the AUTHORITY caused by the omissions or negligent performance of any of the services furnished under this AGREEMENT by the CITY or its Contractor; and I. The AUTHORITY shall pay to the CITY all PROJECT COSTS as hereinafter specified. ARTICLE III This FIRST AMENDMENT, to the extent of any conflict with the original AGREEMENT, shall supersede the terms and provisions of the original AGREEMENT. However, it is the express intention of AUTHORITY and ENGINEER that this FIRST AMENDMENT and the original AGREEMENT shall be completely integrated and be construed in harmony and congruity as a single instrument. 3 ATTEST: JAMES L. MURPHY, Secretary Board of Directors (SEAL) ATTEST: City Secretary (SEAL) APPROVED AS TO LEGALITY: REX McENTIRE, Attorney for the CITY TRINITY RIVER AUTHORITY OF TEXAS DANNY F. VANCE, General Manager CITY OF NORTH RICHLAND HILLS, TEXAS TOMMY BROWN, Mayor 4 .. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Ratify Contract for Appraisal Services with Ferree & Searcy, Inc. for Rufe Snow Drive Agenda Number: Reconstruction Project-(Onyx Dr. North to Glenview Dr.) 8/28/95 PW 95-53 Subject: Right-of-way is required from 17 properties and temporary construction easements on 4 properties in order to build sidewalks for this project. Proposals were taken from 3 appraisers, as follows: Company Amount Ferree & Searcy, Inc. James K. Norwood, Inc. Goodrich & Associates $4,500.00 $7,350.00 $11,000.00 The City Manager authorized staff to proceed under agreement with Ferree & Searcy, Inc. for the the appraisals. The appraisals were received on June 15, 1995 and the right-of-way is now being acquired. Recommendation: Staff recommends Council ratify the contract with Ferree & Searcy, Inc., in the amount of $4,500.00. -- Finance Review Source of Funds: Bonds (GO/Rev.) - Operating Budget _ Oth 13-13-06-6000 '- Fin..... Director rt ent Head Signature CnYCOUNC~ACTION"EM Page 1 of IS FERREE & SEARCY, INC. Real estate counseling and valuation services 901 Penn Street Fort Worth, Texas 76102 Byron B. Searcy, MAl, CRE J. Kirk Searcy, MAl April 14, 1995 (817) 335-7575 _ Fax (817) 870-1911 IIW. Œ © r~ n \v7/F f::\." 1 . r· ~ ~ t..r=; I. Ii -----:...., i· ' I' I , J _.1 fJ i APR f 7 It'N: ' ~'¡1" I~ IJ; \; L. U L--- ---,-...-.. ., - -_._-~- . ....."'------~-----..."....."...... ~ Mr. Mark Bradley City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 RE: Proposal for appraisal services Dear Mark: Per your request, the following proposal is included for your review. It is my understanding that the assignment will include eighteen (18) right-of-way appraisals with temporary construction easements and an additional four (4) temporary construction easements separate from the right-of-way appraisals. All of these parcels are located along Rufe Snow Drive extending north from Onyx Drive to Glenview Drive. These appraisals will be in j] restricted report format; i. e., the report will include a brief description and market analysis of each parcel, a brief market data section, and pictures of the subject parcels and comparable sales. In addition, based on my observation of the survey and subject properties, there does not appear to be any improvement damages; hence, these appraisals will be based on the land only. The following is my proposed fee for the project: FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500) This fee includes one copy of the report (per your request) and an estimated time of completion of four to five weeks from the date of commencement. Thank you Mark, and I appreciate the opportunity to submit this proposal. Sincerely. C.A. Sanfo d, Cit anager City of North Richland Hills rs ~ f2, (;...~ ~i=::: ': 7\,-' : '=:'- ¡ \ Q) ~~.:~:::~:.~: ... .., JUL 2 \ \9'35 FERREE & SEARCY, INC. Real estate counseling and valuation services 901 Penn Street Fort Worth, Texas 76102 -- ------- ----~ i L --~_._-_._..- Byron B. Searcy, MAl, CRE J. Kirk Searcy, MAl (817) 335-7575 Fax (817) 870-1911 TO: Mr. Mark Bradley City of North Richland H ¡lis P. O. Box 820609 North Richland Hills, Texas 76182-0609 DATE: June 14, 1995 FOR APPRAISAL SERVICES RENDERED: RE: APPRAISALS OF RIGHT-OF-WAY ACQUISITIONS ALONG RUFE SNOW DRIVE, BETWEEN ONYX DRIVE AND GlENVIEW DRIVE, CITY OF NORTH RICHLAND HillS, TARRANT COUNTY, TEXAS. AMOUNT DUE: $4,500.00 FERREE & SEARCY, INC.'S FEDERAL TAX 1.0. NO.: 75-1089284 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Contract for Engineering Services with Knowlton-English-Flowers, Inc for Rufe Snow Drive Agenda Number: (IH 820 to Watauga Road) 8/28/95 PW 95-55 Subject: This contract is for the design of Rufe Snow Drive from IH 820 to Watauga Road, an Intermodal Surface Transportation Act of 1991 (ISTEA) Project with some partial federal funding. The contract will be with Knowlton-English-Flowers, Inc. with $822,073 being the maximum amount payable without modification. This contract is in accordance with the agreements between the City and the Texas Department of Transportation (PW 94-39, Resolution No. 94-59 and PW 95- 40, Resolution No. 95-40). Funding Source: This project will be partially funded by the federal government through the ISTEA. The City will be reimbursed for engineering at approximately a 69% rate. The City's share will be 31 %. Reimbursements should be within 60 to 90 days of our disbursement to the engineer. From: 1996 G.O. Bond Sale $255,000 $255,000 '.~ To: Rufe Snow Drive (IH 820 - Watauga Road) Engineering Recommendation: Staff recommends Council approve this engineering contract, the transfer of funds as detailed above, and authorize the City Manager to sign in their behalf. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Suffi 'ent Funds Available Fin....ce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Award of Bid on Holiday Lane, Section A2, Paving, Drainage and Signalization Improvements Agenda Number: 8/28/95 Subject: PW 95-56 Bids were received on this 1994 CIP bond project on August 18, 1995. This section of Holiday Lane is from Lewis Drive north to Bogart Drive. The project was divided up into several alternatives to give the City a choice in what is constructed. The attached letter from Richard Albin, Knowlton-English-Flowers, Inc., explai~s each alternative in detail. Below is a summary of each alternate and the bids received. Äitê'ffi:âii:::ii:::!:' 1 Holiday Lane - Concrete Close bridge during construction. 1 A Holiday Lane - Concrete Bridge open during construction. 2 Holiday Lane - Asphalt Close bridge during construction. 2A Holiday Lane - Asphalt Bridge open during construction. 3 Same as #1, plus Industrial/Browning. ........., -..----................ ",....,.........."......... - ¡iÄpÃôtÎ'éiáj,:: n:!'!:':mìMe:¡HÞ..ffi: .. .. :Ed'sêii:, ,_.., -.."." ..,.".... 4 Same as #2, plus Industrial/Browning. No Bid $1,924,977,78 $1,994,322.16 (300 days) (365 days) No Bid $2,024,977.78 $2,051,487.16 (360 days) (440 days) $1,726,022.21 $1,810,584.99 $2,327,036.56 (360 days) (300 days) (365 days) $1,799,022.21 $1,910,584.99 $2,384,201.56 (420 days) (360 days) (440 days) No Bid $2,190,788.50 $2,398,061.57 (300 days) (410 days) No Bid $2,290,788.50 $2,455,226.57 (360 days) (485 days) $2,076,395.71 $2,730,775.97 (300 days) (410 days) $2,176,395.71 $2,787,940.97 360 da 485 da 3A Same as #1A, plus Industrial/Browning. 4A Same as #2A, plus Industrial/Browning. Key points of interest from the bids: -J.L. Bertram was the low bidder for concrete paving (all alternatives). -Apac-Texas was the low bidder for asphalt paving. -Approximately $100,000 can be saved ifthe bridge is closed during construction (compare Alternates #1 and #1A for J.L. Bertram). -The Industrial Park/Browning bids were $33,097 lower from J.L. Bertram for this bid, compared to April 1 0, 1995 bid when the intersection was bid as a separate project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot r FI.....ca Director Page 1 of "- Funding Source: This project is a combination of three separate projects. It is made up of the Holiday Lane (A2), Industrial Park/Browning Boulevard, and the Calloway Branch, Phase III projects. The table below shows the major items for Alternate #3A, and the specific projects fundin that item. ·····::;:·:::;:·::::~¡:::··;:·::.:'·,:;~H:º~ÎQð.X,1IN§··ê(º.~~¡~ºe;~:::~::~~];§~Amgi~i.~=,~···}~:::;:: . .... .-. ......... -,... ................, ...,............................................... ................ ......................... ................................................. :...~ªsº~~='~5ai~M;::~ ::(¢qriÄiifi:Þ¡vîh:::·:~~· :;:::;:::::;:::::::::::/::;:::::::::::::;:::«<........... ...... . ........ Paving Culverts and Storm Drain Water Line Relocations Signalization at Industrial Browningllndustriallntersection TOTAL AMOUNT BID $977,509.41 684,123.00 85,673.00 51,716.80 301,498.72 $2,100,520.93 $1,086,580.98 798,921.63 92,520.00 46,955.17 265,810.72 $2,290,788.50 Holiday Lane (A2) Calloway Br., Ph. III Holiday Lane (A2) Holiday Lane (A2) Industrial @ Browning The total needed for this project if Alternate #3A is selected is shown below. Additional Budget Revised Budget Funding Required .---. Holiday Lane (A2): Engineering: General CIP Utility CIP B.QW: General CIP Utility CIP Construction: General CIP Utility CIP Subtotal $ 132,300 $ 132,300 $ 0 0 0 0 228,700 38,700 (190,000) 0 0 0 729,000 1,134,000 405,900 0 93.000 · 93.000 $1,190,000 $1,398,000 $308,000 Calloway Br., Ph. III: Engineering: General CIP Utility CIP RQW: General CIP Utility CIP Construction: General CIP Utility CIP Subtotal $ 99,300· $ 70,000** $ 0 0 ° 0 40,000· ° 0 0 0 0 960,700· 799,000** 0 0 0 0 $1,100,000· $ 869,000** 0 '- . ·Calloway Branch Channel Improvements, Phase III A & B **Calloway Branch Channel Improvements, Phase III A '-- Budget Industrial Prk./Browning: Engineering: General CIP $ 20,000 Utility CIP 0 RQW: General CIP 0 Utility C I P 0 Construction: General CIP 110,000 Utility CIP 0 Subtotal $ 130,000 Totals: General CIP Utility CIP The proposed funding is as follows: From: 1996 G.O. Bond Fund Sale 1995/96 Utility CIP Funds '-- Revised Budget Additional Funding Required $ 20,000 $ 0 0 0 0 0 0 0 266,000 156,000 Q 0 $ 286,000 $156,000 $371,000 93.000 $464,000 $371,000 93.000 ¡~64.000 To: Holiday Lane (A2) Street & Utility Construction Industrial Park Blvd. @ Browning Dr. Intersection $308,000 156.000 ~~641000 Recommendation: Staff recommends Council award this project to J.L. Bertram Construction in the amount of $2,290,788.50 (Alternate #3A - Concrete Paving plus Industrial Park/Browning Intersection) for a period of 360 calendar days, and appropriate funds as indicated above. Holiday Lane Paving and Drainage Improvements ~. -~.. WATAUGA ROAD ITfTñ' ,..(":-'~'.-J tiJ_r".:..~,Il'\I,~:~.;--.~.., _. ..... ::_..:....I·!,!~11"l~~"I"H~ 13 L~J Q I· -- : t \ ,··,''\ßq'...........-~.. 1· § ...... '. .:'"' l~ ø ~~' ~~+-~:..~ ~~- 1 ..~.øJ' ....'. ~~~~~~1P:'~ ,1 ~ :~ ~~<;>.1S>~ ;~bb - ~,11...o;Ø-<øt ." - I ~ ..... 1.."" .'~'" ' - ~ l~/ ' :---.~ ~ .' ¿'~'. 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Q1r:f-.~ . . . . :..' z . ~ .' . . , =-., _, ~ . : ,:: ' ,~'P ~ '5 .. : : :f.ß. .~.~.;.. ,"'1 'i.;u:,:i.".' ~J .: :: ¡¡i ~ 1'1) ~1 ~ -. : r-. ~'.ì=;:';-:-.. "- :i:r::::....f?-~ '::,r:0" './' '":". ':i,. ~ 1+ : :':':~""i" .' "ij¡¡C'~ ~.J..; D.~·;;:: v ~\s ~ ~\~ ~ . :¡:. '1' '1>' I f i;L.;.t't~{'~ ~ ~ '. \.€. ~ .;. .1'1.\ ~~,~. . .'" :¡: . . . 'r .~I-J.:' . 'h'. . ~l" L -. " ~. ~ . ~ _. ~'1. . .,>' ~'I' ·1·1· ..¡::¡il~ ' ~~~ ~ ~;:~~ < f--. ,-- . .Ti.,..'r.)... \..~. - . 17" , - rt- ~ ~ -·.oÞI 1'(£ . l.Œ T. Z· ø"''; ð .. ,ill;. :ìf:i:\~;r. ~I¡ft DETAil AREA rr~~.J ,. 2 ' ~ I~:I';-'~ :.:: \~:-r.¡;I" ''"''I'I' ~ ~'- :.L~:I.l' ',[Ll#¡ t; . .:., ,,~.~.~~ ~\,·I.I·I". 'l"I·I::1~ ~ ~~7 -;- W . ·1' . . 'T-ì'- -;. ,.:.. ., ~ ·1' ij: \j3 ':..) ,}, en " ;~ : : t-;-'-:- ·f· : .~. . [i-"7 : :: r&' ~¡.'''.,='/' , I - ~,. . '~ .L: . .... '" ~l.ý7 S --I... ;:!c:- : : tp-=-IR' . .,.1..... +r".' . " .'-;,- ~( ¡x. ~ r:- -=- v ~\., ~. . . . . .. -; . ;. . . ..:-..:..' ,;..., or· . . . . . ' , - , . '-;- . . ..:.....:..1 r· .J...:". .....:. -'- . . . ~ - "c. . . . . If. .,.........., . ..:... ~ m .1.1:,:>-- I H 820 ---;C:f.' \'·:::--......:I--t.I~;præ~Q ~.,,,,,..~ " ,. "~·,.I \', :..J'''' .u~~ë · KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas August 18, 1995 ---::.--;-- . \ ~ r.:::J ~ ! r-'1 f~ \,\ (' : "'l' " j II '" \D ! 2 (: -; .,'- ~...: '. '. l ", I ; .' . '..',' ....' ,.' . .-" -, , I 1 ¡ ~ --.---. "..--'--' ,. .....~", ;: ILl' ' \ ¡ \: AUG I 8 \995 \'\ '. : \ \ \ \ ' uüL ,i ; \\ ,/j ,1-/ Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-375, CITY OF NORTH RICHLAND HILLS HOLlDA Y LANE, SECTION "A2", AND INDUSTRIAL A T BROWNING DRIVE PA VING, DRAINA GE, AND SIGNALlZA TION IMPROVEMENTS BID TABULA TION AND RECOMMENDA TION OF A WARD Bids were received today from three (3) bidders for this project which includes: 1. Holiday Lane, Section IA2", from Lewis Drive to Bogart Drive, and 2. Re-bid of Industrial at Browning Drive Intersection Improvements SUMMARY OF BIDS FOR VARIOUS AL TERNA TES PROVIDED (SEE DISCUSSION BELOW) PROPOSAL APAC TEXAS J.L. BERTRAM ED BELL No Bid $1,924,977 .78 $1,994,322.16 1. 300 365 No Bid 2,024,977.78 2,051,487.16 lA. 360 440 $1,726,022.21 1,810,584.99 2,327,036.56 2. 360 300 365 1,799,022.21 1,910,584.99 2,384,201.56 2A. 420 360 440 No Bid 2,190,788.50 2,398,061.57 3. 300 410 No Bid 2,290,788.50 2,455,226.57 3A. 360 485 2,027,520.93 2,076,395.71 2,730,775.97 4. 400 300 410 2,100,520.93 2,176,395.71 2,787,940.97 4A. 460 360 485 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 Page 2, August 18, 1995 Holiday Lane, Section A2, plus Industrial at Browning Improvements Tabulation of Bids and Recommendation of Contract A ward This project includes either concrete or asphalt paving on Holiday Lane from Lewis Drive to Bogart Drive, plus new culverts at three locations; water line relocations; and traffic signalization improvements at Holiday Lane and Industrial Park Blvd. Contractors were asked to bid on eight (8) separate alternates as described below: I. This proposal includes 7-inch thick concrete paving on Holiday Lane plus associated drainage improvements and water line relocations. Holiday Lane must be constructed in halves so that 2-way traffic is maintained at all times except at the proposed culvert crossings at the "C-45" Channel (between Meadow Park and Jamaica Circle South), at Trinidad Drive, and at the Calloway Branch Channel where the existing culverts are to be removed and replaced with new structures. The total amount bid for this proposal includes the price of extra signing and barricades for detours around the culvert sites. The proposed western detour route is Lewis Drive - Rufe Snow - Industrial Park Blvd. - Tecnol Blvd. - Watauga Road. The proposed eastern detour route is Lola Drive - Susan Lee - North Richland Blvd. (See attached location map). The low bid for this proposal was J.L. Bertram for $1.924.977.78, for 300 Calendar Days. Ed Bell's bid is $1,994,322.16, which is $69,344.38 over J.L. Bertram's bid, and AP AC did not bid this option. IA. This proposal is the same as Proposal No. I, (concrete paving), but the Contractor must remove the existing culvert crossings in 2-sections and construct the new culverts in halves as required to maintain 2-way traffic across the culverts at all times. Two-way traffic shall be maintained on Holiday Lane along its full length from Lewis Drive to Bogart Drive, therefore, signing and barricading for side street detours will not be required. J.L. Bertram is the low bidder for this option in the amount of $2.024.977.78, for 360 Calendar Days. Therefore, it will cost an additional $100.000 and 60 extra days to keep 2-way traffic flowing over the bridge and culverts during construction, based on J.L. Bertram's concrete paving bid. 2. This is the same as Proposal No. I (close culverts), except Holiday Lane shall be paved with 8-inch thick asphalt in lieu of 7-inch thick concrete pavement. Two-way traffic is maintained everywhere except at the culvert crossings. The low bidder for this option is APAC for $1.726.022.21, for 360 Calendar Days. This is $84,562.78 lower than J.L. Bertram's asphalt bid, and it is $198,155.57 lower than J.L. Bertram's concrete paving bid, (proposal No.1). 2A. This is the same as Proposal No. lA except pavement is asphalt in lieu of concrete. Two-way traffic shall be maintained along the full length of Holiday Lane including culvert crossings. APAC bid $1.799.022.21 and 420 Calendar Days for this option. Therefore it will cost $73.000 more and 60 extra days to keep 2-way traffic flowing over the bridge and culverts during construction, based on APAC's asphalt paving bid. Page 3, August 18, 1995 Holiday Lane, Section A2, plus Industrial at Browning Improvements Tabulation of Bids and Recommendation of Contract A ward Proposals 3, 3A, 4 and 4A are the same as 1, lA, 2, and 2A, but with Intersection Improvements at Industrial and Browning Drive included in the total. The following is a comparison of the re-bids for Industrial at Browning with the original bids on April 10, 1995: INDUSTRIAL AT BROWNING PAVING, DRAINAGE AND SIGNALIZATION IMPROVEMENTS Comparison of Original Bids with Re-Bid Totals NO. BIDDER RE-BID ORIGINAL DAYS 1. WALT WILLIAMS --- $293,256.90 200 2. J.l. BERTRAM $265,810.72 298,907.82 150 3. APAC-TEXAS 301,498.72 301,498.72 175 4. ED BELL CONSTRUCTION 403,739.41 --- --- As indicated in the above table, if the Holiday Lane Contract is awarded to J.L. Bertram for the concrete option on Holiday Lane, then the Industrial at Browning intersection improvements can be constructed for $27.446.18 lower than Walt William's original bid in April, 1995. If the Holiday Lane Contract is awarded to APAC for the asphaIt alternate, then the cost of the Industrial at Browning intersection improvements would be $8.241. 82 higher than Walt William's original bid in April. Therefore, if the Holiday Lane concrete alternate is awarded to J.L. Bertram, then we would recommend that J.L. Bertram also be awarded the Industrial at Browning intersection work. However, if the Holiday Lane asphalt alternate is awarded to APAC, then we would recommend that the Industrial at Browning work be awarded to Walt Williams based on his original April bids, if Wà1t Williams will agree to not increase his April bid price more than $27,000. We would note that material price increases since April for concrete, reinforcing steel, etc., may preclude Walt Williams from honoring his April bid amount. Bids were previously received on April 10, 1995, for the Industrial at Browning intersection improvements. This project includes the following proposed improvements at the Industrial Drive and Browning intersection: 1. Reconstruct the intersection as required to flatten out the dips (valley gutters) across Industrial and improve the riding surfaces along both intersecting streets. This is accomplished by reconstructing the intersection with concrete paving and providing asphalt transition approaches to the intersection from all four directions along both Industrial and Browning Drives. 2. Construct underground storm drainage as required to intercept the surface stormwater runoff which was previously carried across the intersection by the valley gutters. The Page 4, August 18, 1995 Holiday Lane, Section A2, plus Industrial at Browning Improvements Tabulation of Bids and Recommendation of Contract A ward underground storm water is discharged into an existing downstream storm drain system west of the intersection into the railroad right-of-way. 3. Construct a fully actuated traffic signalization installation at the Industrial and Browning intersection, including opticom system, pedestrian crossing facilities, pavement striping and traffic control markings. The contractor will be required to furnish all signalization equipment except the traffic controller and conflict monitor devices. All traffic control equipment will be installed by the contractor. The following is a summary of the original bids taken April 10. 1995. for your information: NO. BIDDER PAVING DRAINAGE SIGNAlIZ. TOTAL BID DAYS 1. Walt Williams $178,599.70 $44,321.00 $70,336.20 $293,256.90 200 2. J.L. Bertram 66,937.50 162,283.49 69,686.83 298,907.82 150 3. APAC-Texas 63,984.00 163,156.72 74,358.00 301,498.72 175 The following is a breakdown of the amount bid by the two low bidders, AP AC (asphalt low bid), and J.L. Bertram (concrete low bid) for the various sections of this contract: HOLlDA Y LANE BID BREAKDOWN ITEM APAC-TEXAS J.l. BERTRAM (ASPHALT PAVING) (CONCRETE PAVING) Paving $904,509.41 $1,036,580.98 Culverts and Storm Drainage 684,123.00 748,921.63 Water Line Relocations 85,673.00 92,520.00 Signalization at Industrial 51,716.80 46,955.17 Browning/Industrial Intersect. 301,498.72 265,810.72 2-Way Traffic at Culverts 73,000.00 100,000.00 TOTAL AMOUNT BID $2,100,520.93 $2,290,788.50 We would note that the amount bid by J.L. Bertram, $1,036,580.98, for the concrete paving portion of this contract, is $132,071.57 more than the asphalt paving bid by APAC, $904,509.41, (14.60% more). The original C.I.P. budgets established for this project were based on asphalt paving, not concrete. APAC's overall bid of $2,100,520.93 is $190,267.57 lower that J.L. Bertram's overall bid of $2,290,788.50, (9.06% difference). Page 5, August 18, 1995 Holiday Lane, Section A2, plus Industrial at Browning Improvements Tabulation of Bids and Recommendation of Contract A ward SUMMARY OF AWARD RECOMMENDATION 1. Asphalt A ward If 8" Thick Asphalt on Holiday Lane is preferred, we would recommend award of Holiday Lane, Section A2, to APAC-Texas, Inc. However, we would recommend that the Browning at Industrial Improvements not be awarded to APAC. We would recommend that the City Staff negotiate with Walt Williams to construct the Industrial at Browning improvements for an amount not to exceed $27,000 over their original bid on April, 10, 1995. If the Holiday Lane culvert openings option is required, it will cost $73,000 more and take 60 days longer to keep Holiday Lane open to 2-way traffic across the bridge and culverts, if AP AC is awarded the asphalt contract. 2. Concrete Award If 7" Thick Concrete on Holiday Lane is preferred, we would recommend award of Holiday Lane, Section A2, to J.L. Bertram, Inc. We would also recommend award of the Industrial at Browning Improvements to J.L. Bertram since their re-bid price, is about $27,000 lower that Walt Williams bid price in April, 1995. If the Holiday Lane culvert openings option is required, it will cost $100,000 more and take 60 extra days to keep Holiday Lane open to 2-way traffic across the bridge and culverts, if J.L. Bertram is awarded the concrete contract. We will be present at the August 28, 1995, Council Meeting to answer any questions which you may have concerning this project. Meanwhile, please call if we can be of further service in this regard. ~tIJ~ RICHARD W. ALBIN, P.E. RW A/ra/Enc1osures/sids.375/ cc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Gregory W. Dickens, P.E., Director of Public Works Mr. Mike Curtis, P.E., Capital Projects Coordinator Mr. Jimmy Cates, Public Works Superintendent/Streets Mr. Larry Jones, Public Works Superintendent/Utilities CITY OF NORTH RICHLAND HILLS Department: Public Works Award of Bid on Rodger Line Drive, Phase B Paving, Drainage and Bridge Improvements Council Meeting Date: Subject: Agenda Number: 8/28/95 PW 95-51 Bids were received on this 1994 CIP bond project on August 15, 1995. The low bidders are shown below: çãl~HdätDã~Biåflffiø Larry H. Jackson Construction Orval Hall Construction Rebcon $1,180,969.80 $1,235,130.37 $1,269,945.22 365 365 360 This project will include the bridge over the Calloway Branch channel, some necessary upstream and downstream channel lining at the proposed bridge, and the street construction over to Booth Calloway Drive. The following is an estimated schedule of construction: Award of Bid Preconstruction Conference Begin Construction End Construction August 28, 1995 September 11, 1995 September 25, 1995 September 25, 1996 Funding Source: The current budget for this project was approved on 12/13/93 (PW 93-45) and 6/26195 (PW 95-36). The total amount budgeted was $822,100. Additional funds needed are outlined below. Budget Revised Budget Engineering: General CIP $72,100 $80,000 Utility CIP 0 0 Subtotal $72,100 $80,000 Construction: General CIP $750,000 $1,185,000 Utility CIP 0 18. 000 Subtotal $750,000 $1,203,000 Total $822.100 $1.283.000 Finance Review Additional Funding Required $7,900 o $7,900 $435,000 18.000 $453,000 $460.900 Source of Funds: Bonds (GO/Rev.) Operating Budget _ o r FlnM" Director re CITY COUNCIL ACTION ITEM Page 1 of '",-- From: Unspecified Utility Fund Unspecified Street CIP Fund Unspecified Drainage Fund Reallocate Funds from Holiday Lar:te (B) Total To: Rodger Line Drive, Phase B Recommendation: $18,000 88,950 88,950 265.000 $460,900 $460,900 Staff recommends Council award the contract to Larry H. Jackson Construction, Inc. for $1,180,969.80 for a period of 365 calendar days and appropriate funds as indicated above. "-. e .....i. 0.0" ^ .MOll.] :-:1.00; ,J.. , '.:;;-,:~ 0 1\ , - ....'... ~~ 1,: . I :$ d ~.! ;. ;. " " 0::: ex) r- w 1"1 ZCD W::E ::E:J w (fJZ t:> (fJ < W-l f- (fJ-l Z (fJ0 ° <0::: e:: t.... 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"IJooJ I) I \ --- --- "')U.~·""1 , ~-tt)>tot " - _~_r J ~." ., _.-~ i ¡ u) . t") t~~&~~~rn'r ...~ "'t '_'_ ......;a..;.;",,;_... ~ T-' ~"'11''''''"),~......_ j I I '..1I111"J) ~.,'" I , I Á ~ ~l~~ ~ :¡¡~~>lz~ 03\oJ_ ; . : < u ~ w ::¡¡ < t....cix Z Oe::f- 0 Z>-cñ -=0 0<-, ã«> ¡:::~:::! - ~,~ < 0 I~. ~ e::::Jo - ::¡¡"- o<z ":We::. "-u< t:>:.::<~ ¡§ -'_"-UL...._ U ¡!: is ~ ri':h· cb -,g~,,~CD~co ~CDI6"_'gl"') ë:_~co~.....-,..J tn°oUõoo<§? ~~z,,>-'u -l -l o 0::: ~ r- Z c:: W a ::E W (fJ Z ~ :J (fJ (f) < c:: w ü a o 0::: /'" ;,. !""~ en ...J oJ ~. o. f! ;:¡ I G ¡ z _ 11 ~ ~ ~i æ c z -< :;: û ~ :I: .... c:: o z " õ . z o ~f¡ ~~ wCl ZZ ::;~ c::c. W CI..J 8ð c::~ '7 / ,:-/ "/ .....' /.' t"/ J'~ / - ..-- " ..-- // , , · KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas August 15, 1995 Honorable Mayor and City Council 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-247, CITY OF NORTH RICHLAND HILLS RODGER LINE DRIVE, PHASE "B" PA VING, DRAINA GE AND BRIDGE IMPRO VEMENTS TABULA TION OF BIDS Bids were received today for the referenced project, and proposals were submitted from five (5) general contractors. A detailed bid tabulation is attached. The following is a summary of the bids for each Contractor by section, including a comparison of the low bid for each section with the Engineer's Estimate dated July 21, 1995: ·~~~WI CONTRACTOR DAYS PAVING DRAINAGE BRIDGE SEWER TOTAL BID 1 Larry H Jackson 365 $ 273, 667 54 $429,098 .62 $46 1 ,977 .64 $ , 6 ,226 .00 $ 1 , 1 80,969.80 2 Orval Hall 365 3 6 1 ,496.87 532, 2 1 3.30 324,406.30 1 7,0 1 3 .90 1 ,235, 1 30.37 3 Rabcon 360 333,8 1 1 .27 56 1 ,6 1 0.05 354, 676.60 , 9,847 .30 1 , 269,945.22 4. Ashlar 365 478,493.9 1 549,389 .05 37 1 , 52. 1 0 1 3 ,526.00 1 ,41 2, 56 1 .06 5 XIT Paving 270 329,5 1 8 .54 647,467.0 1 474,735.80 52,25 1 .60 1 , 503,972.95 Engineer's Estimate - 2 , 4,874.65 355,005.70 3 1 7,325.00 , 8, 1 9 2.00 905,397 .35 Low Bid over Estim. - 58 ,792 .89 74,092.9 2 1 44, 652.64 - 1 ,9 66.00 I 275, 572.45 I This project includes the following work: 1. Paving -- 7" Thick, 49-foot BIB concrete pavement from the Calloway Branch Channel to Booth Calloway Road. Also included are sidewalks along each side of the roadway, and parking lot and landscaping repair work adjacent to the Hospital site. This is the Phase "B" section of Rodger Line Drive, which will connect to the existing Phase" A" section previously constructed by private developer. The low concrete paving bid by Larry H. Jackson is higher than anticipated due to the recent increase in concrete and reinforcing steel prices. The low bid concrete unit price by Larry Jackson is $21.50 per square yard, compared with $18.72 per square yard for the Strummer Drive project a year ago (a 15% increase). Also, lime for stabilized subgrade has gone up 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 Page 2 August 15, 1995 Rodger Line Drive, Phase "B", Paving, Drainage and Bridge Improvements Bid Tabulations and Recommendation of Contract A ward from $73.60 per ton in the Strummer Drive contract to $90.50 per ton (a 23 % increase). We would further note that the main cost difference in the low bidder, Larry Jackson, and the second low bidder, Orval Hall, is the amount bid for a single pay item called "Mobilization". Larry Jackson bid $15,000 for this item, and Orval Hall bid $117,235 (see detailed bid tabulation). 2. Drainage -- This includes storm drain construction in Rodger Line Drive which is designed to convey the lOO-year discharge in accordance with the latest Public Works Design Manual requirements. Drainage work also includes downstream channel excavation, rock rubble riprap, and concrete channel liner along the Calloway Branch Channel in the vicinity of the proposed bridge. We have obtained a 404 Permit approval for this work from the Corps of Engineers. Recommendations by the Corps have been incorporated into this project regarding channel slope stabilization, vegetative cover replacement, etc. The main difference in the engineer's estimate and the low bid is the price of channel excavation. The contractor bid $9.00 per cubic yard compared with an estimate of $4.00 per cubic yard. The higher price appears to be because of a large amount of rock in the channel bottom which will have to be excavated to provide proper drainage downstream from the bridge site. 3. Bridge -- This includes construction of a 4-Span, 49-foot BIB bridge across the Calloway Branch Channel along a curved alignment. Sidewalks, guard railing, and retaining walls are also included. The low bid for the bridge by the second overall low bidder, Orval Hall, is very close to the engineer's estimate. However, Larry Jackson's bid is about $138,000 higher than Orval Hall's bid. We would guess that this extra cost is due to Larry Jackson's plans to sub this part of the project out to another contractor, such as M.A. Vinson or Reece Construction Company. (We have no objection to either of these sub- contractors) . 4. Sewer -- This includes required miscellaneous sanitary sewer system adjustments along Rodger Line Drive. The low bid price for this section is about what we anticipated. The overall low bidder, Larry H. Jackson Construction, Inc., has recently complete other projects in North Richland Hills including the Timberhill Drainage Improvements, the Woods Lane Drainage Improvements project, the North Forty/Greenwood Way drainage project, and the Watauga Road (East) utility adjustments. Larry J. Jackson is also currently constructing the Walker's Branch Channel Improvements, Phase I, and the Rufe Snow Drive paving and Page 3 August 15, 1995 Rodger Line Drive, Phase "S", Paving, Drainage and Bridge Improvements Bid Tabulations and Recommendation of Contract A ward drainage improvements from Onyx Drive North to Glenview Drive. This contractor has performed well on all of these projects. We would note that the bids by all contractors for each section of this project were higher than anticipated, except for the sewer adjustment work, as shown in the table above. We understand, from recent conversations with other contractors that material costs have increased 20 to 30 percent in the last few months for many construction pay items including concrete, reinforcing steel, asphalt, etc., and the bids reflect these increased costs. We would note that the Highway Department took bids last week on over $250 million dollars worth of construction work, and all bids were over the State's engineer's estimates. The increased material costs along with the large volume of other construction work in progress accounts for the relatively high bids. Based on the bids received, and in the absence of any negative reports concerning the low bidder, we would recommend contract award to Larry H. Jackson Construction, Inc., 5112 Sun Valley Drive, Fort Worth, Texas 76119, in the total amount of $1,180,969.80, for a period of 365 Calendar Days We will be available at the August 28, 1995, Council meeting to answer any questions you may have concerning this project. ~úJ, ~ RICHARD W. ALBIN, P.E. RW A/ra/Enclosures/Bids.247 xc: Mr. C.A. Sanford, Deputy City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Gregory W. Dickens, P.E., Director of Public Works Mr. Mike Curtis, P.E., Capital Projects Coordinator Mr. Mark Bradley, R.O.W. Agent