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CC 1995-11-13 Agendas
CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 13, 1995 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. IR 95-129 Signalization of Holiday Lane and Mid-Cities Boulevard (5 Minutes) " ',,'co 2. IR 95-130 Possible Park Development Adjacent to North Hills Hospital (10 Minutes) 3. IR 95-131 Lighting for Mid-Cities Boulevard and Rodger Line Drive (5 Minutes) " -. ", " 4. PS 96-36 Request of Randall's Properties for Final Plat of Lots 1 and 2, Block A, Rufe Snow Village Addition (Agenda Item No. 11) (5 Minutes) 5. GN 93-136 Election of Tarrant Appraisal District Board of Directors (Agenda Item.Nq. 13)(5 Minutes) 6. GN 95-139 Temporary Reloçation of City Council Chambers (Agenda Item No. 16) (5,ty1inutes) 7. PW 95-69 Approve Change Order No. 1 for Rodger Line Drive, Phase B (Agenda Item No. 24) (5 Minutes) 8. PW95-70 Award of Bid on Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements (Agenda Item No. 25) (5 Minutes) 9. PAY 95-21 Approve Reimbursement to the City of Hurst for Relocation of Trinity River Authority's 24-inch Water Transmission Main at Precinct Line Road (Am.mrl;.1 Itp-m No. 29) (10 Mi 111If-!S Page 2 NUMBER ITEM ACTION TAKEN 10. Consideration of Canceling 11/27/95 City Council Meeting 11. Other Items Work Sessions: 11/16/95 @ 6:00 p.m. Little Creek Corridor Committee 11/20/95 @ 6:00 p.m. Police Consultant's Report & Walkers Branch Improvements 12. *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 I 13 I Adjournment - 7:20 p.m. I I *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 NOVEMBER 13, 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 October 23, 1995 5. Presentations by Boards & Commissions a. Beautification Commission Minutes b. Parks and Recreation Board Minutes Page 2 NUMBER ITEM ACTION TAKEN 6. Presentation on United Way by Steve Papagno 7. Removal of Item(s) from the Consent Agenda 8. Consent Agenda Item(s) indicated by Asterisk (11,16,19,20,21,22,23, 24, 25, 26, 27, 28 & 29) 9. PZ 95-21 Public Hearing to Consider the Request of Southwestern Bell Mobile Systems for a Special Use Permit for a Cellular Telephone Tower on Lot 2, Block 10, Richland Heights Addition - Ordinance No. 2088 (Located at 4413 East Loop 820 North) 10. PZ 95-22 Public Hearing to Consider the Request of Steve and Vicki Weinberg to Rezone Tracts 2A, 2A 1, 2A 1 A and 2A2, Martin Survey, Abstract 1055, from AG Agriculture to R-3 Single Family Residential - Ordinance No. 2089 (Located in the 8800 block of Amundson Drive on the north side of the railroad tracks) *11. PS 95-36 Request of Randall's Properties for Final Plat of Lots 1 and 2, Block A, Rufe Snow Village Addition (Located at the northeast Corner of Rufe Snow Drive and Hightower Drive) Page 3 NUMBER ITEM ACTION TAKEN 12. GN 95-135 Appointment to Library Board 13. GN 95-136 Election of Tarrant Appraisal District Board of Directors - Resolution No. 95-56 14. GN 95-137 Appointment to Town Hall Committee 15. GN 95-138 Consideration of an Amendment to the Zoning Ordinance Regarding the Masonry Requirement *16. GN 95-139 Temporary Relocation of City Council Chambers - Ordinance No. 2085 17. GN 95-140 Approve "No Parking" Zone on Northridge Boulevard from its intersection with Harwood Road north to 5335 Northridge Boulevard - Ordinance No. 2086 18. GN 95-141 Request of Mike Stevens to vary from the Masonry Requirement *19. GN 95-142 Ratification of Lopez v. City Settlement - Resolution No. 95-57 Page 4 NUMBER ITEM ACTION TAKEN *20. PU 95-72 Authorize Purchase of Intoxilyzer through State of Texas Contract *21. PU 95-73 Extend Contract for the Printing of the Leisure Resource Guide *22. PU 95-74 Award Bid for Annual Office Supply Contract *23. PU 95-75 Request to Approve Bid for 1995-96 Property Insurance *24. PW 95-69 Approve Change Order No. 1 for Rodger Line Drive, Phase B (Addition of Amundson Road) *25. PW 95-70 Award of Bid on Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements *26. PW 95-71 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/I H 820 Bridge - Resolution No. 95-43 *27. PW 95-72 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Karen Drive Intersection - Resolution No. 95-42 Page 5 NUMBER ITEM ACTION TAKEN *28. PW 95-73 Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Glenview Drive Intersection - Resolution No. 95-41 *29. PAY 95-21 Approve Reimbursement to the City of Hurst for Relocation of Trinity River Authority's 24-inch Water Transmission Main at Precinct Line Road 30. Citizens Presentation 31. Adjournment POSTED 1./- /~ - ?-.1- Date __-Lð,' tJ Z-- Time -- "ft¿;:;:t:'y 'r --.-,-.- . ".._,-- INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 95-127 o. ~ Date: T Subject: November 1, 1995 Contractor's Guide Attached is a copy of the new Contractor's Guide developed by the staff in the Planning and Inspections Department. This guide is provided to every applicant of a new single family residential permit. It explains the various stages of inspections required by the City of North Richland Hills, It was initiated to answer numerous questions associated with inspection procedures and should assist home builders, We constantly evaluate our customer service efforts, One of our goals for 1995 has been to improve the quality of communication with home builders, All area home builders will be invited to a workshop in the early part of December. Inspection requirements, recent building code changes, and any questions will be addressed, Your comments and suggestions are welcome, Respectfully Submitted, ~'- "lMt~l8__ Barry LeBaron, AICP, Director Planning and Inspection Services ,',~ ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-129 ~ Date: T Subject: November 7, 1995 Signalization of Holiday Lane and Mid-Cities Blvd, Holiday Lane is now complete between Bogart and Mid-Cities Boulevard, There is a obvious need for signalization, I have instructed KEF to do the design work so we can advertise for bids, This project was not previously budgeted or approved. We do have Undesignated Signalization Funds authorized in the 1994 Bond Program, At the same time, we are also doing a warrant study at the intersection of Holiday Lane and Bogart, This study is to determine if a three-way stop is justified. We will have the results of this study on the December 11, 1995 City Council Agenda. Respectfully submitted, IN· C.A. Sanford City Manager "- CAS/gp '-- ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-130 '- ~ Date: T Subject: November 13, 1995 Possible Park Development Adjacent to North Hills Hospital Mayor Brown, Councilman Wood and Marty Wieder are members of the North Hills Hospital Community Advisory Group, With the change in ownership of North Hills Hospital, there has been a great deal of discussion about the possible closing of this facility, The Mayor and Marty attended a committee meeting on Tuesday, November 7, 1995, The Mayor feels it would be helpful to the Mall, and in retaining North Hills Hospital, if we consider developing a park similar to the one planned in 1987-88. If this is your desire, we will instruct our Parks and Recreation Department staff to develop a plan and budget. Please call if you have questions or comments, Respectfully submitted, êÆ '-- C,A, Sanford City Manager CAS/gp '- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ....--4--. _ ß ,MÁf!.~ .mAÑcf1 iD ~~~' <J ":e>'- ,<,.1'> y, ~ "\ ". ¥ '" ~ "~) '\ <~ ';, " .. ()~" , .~ <?~:l "'~'i> /:1-~ ' , ~~ v~ "'" ¢\,\ '. " r () ,/)v' <\,,,,-. ~(/' " <' , )~ f ~~.¿ ,," ~ ~ ~v '<) , ./) <' "";'~ l: ) ,. ß RO.1.AN I. V ) ( If- ; ~....-~':':;-.. 1(1' ~~ lJ ß o RÀt40LE ÇJ 1] p ! [0 i .[f70 .J ___--'¢~_L}. ' _. ,- - ,-.. ---"--ì C --. G ~.......u., .... ...' ~,.!~~~.~ ct.ø&10$,<lOil)' 3-8-88 =- .. r:m ©@!ñ1ùfffii)(!l]!Jùõ1tw ~@i7!k r...... ohll1¡p . Jl.W&OW "'ót;it;ltG$ ~~,,~. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-131 '--~ ~ Date: T Subject: November 8,1995 Lighting for Mid-Cities Boulevard and Rodger Line Drive Mid-Cities Boulevard, between Davis Boulevard and Precinct Line Road is funded by the State Highway Department. Lighting is not included in the project. Rodger Line Drive was not designed with lights, The automobile dealers had suggested that these might be needed, We have asked Texas Utilities to give us a cost of lighting both of these streets. When this information is available we will pass it along to you, Funds were not budgeted for lighting on either of these projects. Please call if you have questions or comments. '--- ReãllH~ C.A. Sanford City Manager CAS/gp --...~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 23, 1995 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order October 23, 1995 at 7:30 p.m. ROLL CALL Present: Tommy Brown JoAnn Johnson Lyle E. Welch Mack Garvin Mark Wood Ray Oujesky Byron Sibbet Linda Spurlock Sansoucie Staff: Randy Shiflet Larry Cunningham Patricia Hutson Rex McEntire Greg Dickens Absent: C.A. Sanford Jeanette Rewis Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman Assistant City Manager Assistant City Manager Assistant City Secretary Attorney City Engineer City Manager City Secretary 2. INVOCATION Councilman Oujesky gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING OCTOBER 9, 1995 APPROVED Mayor Pro Tem Johnson moved, seconded by Councilman Oujesky, to approve the minutes of the October 9, 1995 meeting. October 23, 1995 Page 2 Motion carried 7-0. 5. MINUTES OF THE EMERGENCY MEETING SEPTEMBER 27, 1995 APPROVED Councilman Wood moved, seconded by Councilman Garvin, to approve the minutes of the September 27, 1995 meeting. Motion carried 7-0. 6. MINUTES OF THE EMERGENCY MEETING OCTOBER 11,1995 APPROVED Councilman Wood moved, seconded by Councilman Oujesky, to approve the minutes of the October 11, 1995 meeting. Motion carried 7-0. 7. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES No action needed. 8. PRESENTATION OF "YARD OF THE MONTH" AWARDS Mayor Brown and Alice Scoma presented the "Yard of the Month" awards to: Mr. and Mrs. Dennis Mumford, 7604 David Drive; David and Sally Gibson, 8608 Castle Creek Court; John and Sharon Dempsay, 5060 Lakeview Circle; Tyson and Linda Nolte, 6800 Ridgewood; Nick and Barbara Valore, 7005 Leaning Oak; Clarence Evans, 7200 Harwick; Donald and Margaret McCarley, 5600 Havana; Lisa Jernigan, 4217 Cummings; and Glenn and Helen Weissinger, 4517-a Shady Lake Drive. 9. PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD Mayor Brown and Alice Scoma presented the "Landscape of the Month" award to Cucco's Sandwich Shop, 6650 Glenview. October 23, 1995 Page 3 10. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 11. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (13,15,16,17,18,19,20, & 25) APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Johnson, to approve the Consent Agenda. Motion carried 7-0. 12. PZ 95-05 - REQUEST OF GLEN GOOD TO REZONE TRACT A, BLOCK 25, HOLIDAY NORTH ADDITION FROM R-7-MF MUL TI- FAMILY RESIDENTIAL TO A PLANNED DEVELOPMENT FOR AN ASSISTED LIVING CENTER - ORDINANCE NO. 2043 (LOCATED IN THE 7800 BLOCK OF NORTH RICHLAND BOULEVARD) APPROVED Councilman Oujesky moved, seconded by Councilman Wood, to approve Ordinance No. 2043. Councilwoman Sansoucie asked about the signage, Mr. LeBaron stated that the signage was addressed in the proposed ordinance. Motion carried 7-0. *13. GN 95-130 - AUTHORIZATION OF EMINENT DOMAIN PROCEEDING ON RUFE SNOW RECONSTRUCTION PROJECT RESOLUTION NO. 95-54 APPROVED 14. GN 95-131 - APPOINTMENT TO TEEN COURT ADVISORY BOARD APPROVED October 23, 1995 Page 4 Councilman Sibbet moved, seconded by Councilwoman Sansoucie, to appoint Mr. Billie Moore to Place 6 on the Teen Court Advisory Board. Motion carried 7-0. *15. GN 95-132 - RATIFICATION OF SETTLEMENT IN EUDY V. CITY- RESOLUTION NO. 95-55 APPROVED *16. . GN 95-133 - AMENDMENT TO THE BUILDING CODE REGARDING INSURANCE REQUIREMENTS AND PERMIT FEES FOR HOUSE MOVERS - ORDINANCE NO. 2084 APPROVED *17. GN 95-134 - APPOINTMENT OF RECORDS MANAGEMENT OFFICER - ORDINANCE NO. 2083 APPROVED *18. PU 95-69 - APPROVE RIGHT-OF-WAY ACQUISITION ON RUFE SNOW DRIVE/HARMONSON ROAD - PARCEL NO.6, CARL A. WATERS APPROVED *19. PU 95-70 - AWARD CONTRACT FOR COpy MACHINES APPROVED *20. PU 95-71 - AUTHORIZE PURCHASE OF COMPUTER EQUIPMENT APPROVED 21. PW 95-65 - PUBLIC HEARING ON HARMONSON ROAD ASSESSMENTS Mr. Greg Dickens, Public Works Director, presented the scope of the Harmonson Road project. October 23, 1995 Page 5 Mr. James K. Norwood, appraiser, presented the Enhancement Study. The total assessments were lowered for parcel numbers 2 through 20 on the Assessment Roll. The revised assessment roll is included with Ordinance No. 2081 as a permanent record. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. The following appeared before the Council with questions about the project and their assessment. Mr. Henry Besson, 6719 Harmonson Mr. Kenneth Adcock, 4620 Taos Mrs. Minnie Mason, 2801 Dogwood Park, representing her mother and aunt Mr. James Patterson, 6809 Harmonson Road 22. PW 95-66 - CLOSE THE PUBLIC HEARING AND ESTABLISH ASSESSMENTS FOR IMPROVEMENTS ON HARMONSON ROAD ORDINANCE NO. 2081 APPROVED Councilman Garvin moved, seconded by Councilman Wood, to close the public hearing and approve Ordinance No. 2081 establishing the assessments for Harmonson Road. Councilwoman Sanscoucie questioned why Parcel NO.1 was the only property enhanced. Mr. Norwood explained that the amount of enhancement was based on the amount of property involved. Motion carried 7-0. 23. PW 95-67 - PUBLIC HEARING ON HIGHTOWER DRIVE ASSESSMENTS Mr. Greg Dickens, Public Works Director, presented the scope of the project. Mr. Paul Young, appraiser, presented the Enhancement Study. The assessments were lowered for Parcels NO.4 and 5. Revised assessment roll included with Ordinance No. 2082 as permanent record. October 23, 1995 Page 6 Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. No one appeared before the Council. 24. PW 95-68 - CLOSE THE PUBLIC HEARING AND ESTABLISH ASSESSMENTS FOR IMPROVEMENTS ON HIGHTOWER DRIVE (A1) - ORDINANCE NO. 2082 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to close the public hearing and approve Ordinance No. 2082 establishing the assessments for Hightower Drive. Motion carried 7-0. *25. PAY 95-20 - APPROVE FINAL PAYMENT TO TEAM DESIGN FOR THE MUNICIPAL COURT RENOVATION APPROVED 26. CITIZENS PRESENTATION Mr. Mike Stephens, 624 Melbourne Court, representing Elite Custom Homes, appeared before the Council. Mr. Stephens stated he had a buyer who wanted to build a $200,000 custom stucco home in North Richland Hills. Mr. Stephens asked Council to consider amending the building code so stucco products would be allowed in North Richland Hills. Several Council members were not in favor of amending the Building Code to allow stucco homes. Councilwoman Sansoucie felt stucco homes should be approved on a case-by-case basis. The following neighbors on Sheridon Drive appeared before the Council regarding the house fire at 3533 Sheridon Drive: Ms. Judith Corsi, 3600 Sheridon - expressed concern on the response time of the Fire Department. October 23, 1995 Page 7 Mr. Dennis Cook, 3537 Sheridon - felt there was a discrepancy in the coordination of the equipment at the house fire and the Fire Captain was discourteous with the neighbors. Mr. Burt Corsi, 3600 Sheridon - wanted to know when first 911 call was recieved and why the response time was slow. Mr. Sean Bellah, 3532 Sheridon - their main concern was the response time, which city was suppose to respond to their neighborhood, and felt the Captain was sarcastic and rude to some of the neighbors. Mayor Brown advised that the City Manager would look at all of their concerns. Ms. Martina O'Reilly appeared before the Council. Ms. O'Reilly stated her son wanted to build the stucco house and asked Council to reconsider and look at his plans. Ms. O'Reilly was advised that Council could not take action until the item was placed on an agenda. Councilwoman Sansoucie stated she would introduce the ordinance on an agenda. Ms. Patricia Connelly, 3533 Sheridon Drive, stated she did not have a problem with the Fire Department but with the 911 response. 27. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Patricia Hutson - Assistant 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 SEPTEMBER 19, 1995 ATTENDANCE Present: Deloris Pultz Emily Ward Jeanne Lueck Patsy Tucker Phyllis Creecy Billie Sommermeyer Chairperson Vice Chairperson Commission Member Commission Member Commission Member Commission Member STAFF Tim Hightshoe Sandra Miller Parks/Public Grounds Superintendent Secretary Absent: Jane Dunkelberg Glenn Nerwin Commission Member Alternate Commission Member 1. CALL TO ORDER Ms. Pultz called the meeting to order September 19, 1995 at 7:06 p.m, 2. APPROVAL OF THE MINUTES Ms. Tucker made a motion, seconded by Ms, Ward, to approve the minutes of the August 15, 1995 Beautification Commission meeting. Motion carried 6 - O. 3. PURCHASE OF TREES FOR GREEN VALLEY Ms. Pultz recommended to purchase trees for Green Valley Community Park with remaining funds in this years budget. Ms, Pultz referenced a memo to Larry Cunningham, Assistant City Manager for this request. Mr. Hightshoe stated the trees purchased would be approximately 2" in diameter and priced around $75 per tree. Mrs, Sommermeyer made a motion, seconded by Ms, Lueck to recommend the purchase of trees for Green Valley Community Park with these remaining funds if approved by City Management. Motion carried 6 - o. 4. STAFF REPORTS Mr. Hightshoe followed up on Adopt-A-Spot procedures. He stated that numerous cities had been contacted and only two sets of pr9cedures had been located, (passed out in the meeting), Mr, Hightshoe is to obtain price quotes for new Adopt-A-Spot signs, Ms. Pultz inquired if Tecnol was taking care of the median on Industrial? Mr. Hightshoe spoke with Stan Gertz, North Richland Hills Fire Department. He had no objection in having the Christmas Tree Recycling Program at the location on Dick Fisher in North Richland Hills. Ms. Pultz stated that it was time to order saplings to be given away at the recycling location. She ask for Mr. Hightshoe and Ms. Miller to follow through and order as last year. Ms. Pultz would like to know if Laidlaw is still going to continue the chipping? Mr. Hightshoe will contact Laidlaw and report at the next meeting. Ms. Tucker made an inquiry about mulch instructions. Mr. Hightshoe stated that a mulch pile is available to the general public at the Rita Beth facility within the City, He is to draft a pamphlet to have available at the Christmas Tree Recycling regarding mulch being available. Mr, Hightshoe made mention of one Trophy Tree award, The Commission would like for the recipient to be present at the next meeting for presentation of the certificate. Mr, Hightshoe mentioned the Town Hall Meeting where volunteer booths were to be made available to the public, The Commission was of the understanding that the meeting had been cancelled, Mr. Hightshoe to follow up with Mr, Jim Browne, Director of Parks and Recreation and contact Ms, Pultz, 5. DISCUSSION OF OTHER ITEMS/CITIZEN INPUT Ms, Pultz stated the subject to be discussed in the October workshop would cover Hazardous Household Waste. 6. ADJOURNMENT Ms, Pultz adjourned the meeting at 7:46 p,m, 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 AUGUST 7, 1995 - 6:00 P.M. ATTENDANCE PRESENT: Board: Don Tipps Sharon Battles J. Douglass Davis Rick Work Ann Perchard Bobbie Lambert Pam Jackson Kami Graves Staff: Larry Cunningham Jim Browne Bill Thornton Vickie Loftice Chris Swartz Sandra Miller ABSENT: None Chairman Vice Chairwoman Board Member Board Member Board Member Board Member Board Member Board Member Assistant City Manager Director of Parks & Recreation Assistant Director of Parks & Recreation Superintendent of Recreation Aquatics Manager Secretary Parks and Recreation ITEM 1. CALL TO ORDER Mr. Tipps called the meeting to order August 7, 1995 at 6:02 P.M. ITEM 2. APPROVAL OF THE MINUTES (Passed 7-0) Mr. Davis made a motion, seconded by Mr. Lambert, to approve the minutes of the June 5, 1995 meeting. Motion carried 7-0 to approve the minutes of the June 5, 1995 Board meeting. There was no Board meeting in July. ITEM 3. PARK OPERATIONS AND CAPITAL IMPROVEMENT PROGRAM STATUS REPORT Mr, Thornton provided a report of the status of Parks & Public Grounds and Capital Improvement Projects. Discussion was held. Green Valley Community Park and Soccer Complex is in the process of the wetlands being completed and the irrigation being installed. Calloway Branch Trail is awaiting consultant selection. A pre-construction meeting is to be held this week on the Bedford-Euless Road Landscape project. Mr. Tipps inquired as to where the project started and ended. Mr. Thornton stated from Ash to Nevada. The Tennis Center and Practice Fields project is proceeding with designs and specifications. The TPWD scheduled grant award meeting is August 31 st which leaves the department waiting for grant approval. The project construction will take approximately 8 - 12 months with a target date of December 1996 for completion. The Little Bear Creek Trail grant contract is scheduled to be executed at the next City Council meeting. Glenview Neighborhood Park funds are scheduled in the CIP budget for next year. The goal is to get homeowners involved with an initial Master Plan in the Fall when the funds are available. ITEM 4. RECREATION, ATHLETICS AND SENIOR ADULTS Ms. Loftice' provided a report of activities in recreation, athletics, and senior adult services. Ms. Loftice informed the Board that Day Camp this summer added additional revenues of $15,000. The program had been a tremendous success with classes being full each week, The Board was made aware that the surface of the Recreation Center gymnasium floor was to be replaced. The contractor had experienced problems with paint peeling off the floor and the contractor had been very responsive. The repair work was to begin very soon at no cost to the department. Response had been tremendous for the Youth at Risk Program. Many phone calls had been received and the program was expanding to include another Middle School. Monica Sue Walsh has been in contact with the Dallas Mavericks basketball officials to try and hold a Mavericks basketball camp at the Recreation Center in the future, Discussions are presently in progress. ITEM 5. AQUATICS UPDATE Mr. Swartz provided the Board with and update of NRH20. Mr. Tipps inquired about areas where guests were coming from to attend NRH20. Mr. Swartz stated that only 30% of guests attending had been residents. Other guests had been from as far away as Louisiana. Mr. Swartz indicated that finances were meeting expectations. The park had only been closed for 3 days due to weather conditions and guests had been issued rain checks for return visits. Birthday party time slots had also been totally booked. Fifteen lifeguards attended Technical Lifeguard competition in New Braunfels this month. They placed 1 st in the Spinal Maneuvers, CPR and Water Park categories. Ms. Graves asked if the closing date had been decided? Mr. Swartz stated the park would only be open on weekends after August 13, 1995 and would close for the season after Labor Day. Mr, Browne stated that additional picnic benches and funbrellas had been ordered. ITEM 6. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN The floor was opened for nominations for the office of Chairperson. Ms. Jackson nominated Mr, Tipps and MS.Perchard seconded the nomination. Mr. Lambert amended Ms. Jackson's nomination to maintain the current officers. Ms. Jackson agreed to the amendment and Ms. Perchard seconded the nomination. Vote was unanimous that Mr. Tipps will remain the chairman and Ms. Battles will remain the Vice Chairwoman. ITEM 7. ADJOURNMENT (Passed 7-0) Mr. Davis made a motion, seconded by Ms. Perchard, to adjourn the meeting at 7:05 P.M. Motion carried 7-0. ~)r~ - on . ps, Chairman ATTEST: ~.~ Sandra Miller, sec~ 3 "Jepartment: CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/13/95 _ Council Meeting Date: Subject: Public Hearing to consider the request Southwestern Bell Agenda Number: PZ 95-21 Mobile Systems for a Special Use Permit for a Cellular Telephone Tower on Lot 2, Block 10, Richland Heights Addition, (Located at 4413 ~ast Loop 820 North) Ordinance No. 2088 Southwestern Bell Mobile Systems has applied for a Special Use Permit to construct a cellular telephone tower at 4413 East Loop 820 North, The site is presently occupied by a mini-warehouse facility owned by American U-Stor Richland Limited, Southwestern Bell has received permission from the property owner to seek this permit. The property is currently zoned as Planned Development NO.8 for a mini-warehouse facility. A Special Use Permit is required for the cellular tower because this property is within 200-feet of a residentially zoned area. The improvements to the site will include a monopole antenna and security fencing (see attached site plan). Southwestern Bell will also lease a 220 square foot portion of the adjacent storage building to house all electronic and telephone equipment. The equipment area will be unmanned. The proposed height of the antenna is 1 DO-feet and it is generally located in the southeast portion of the property, The base of the antenna is approximately 40-feet from the common property line to the south. A six-foot chain link security fence, topped with razor wire, will surround the base of the antenna to prevent unauthorized access into the facility. A six-foot wood screening fence separates the commercial and residential properties, '-- rhe City Council has approved tWo similar requests by MetroCel for cellular tower locations in the city. A 75:- foot tall tower is located in a shopping center at the northwest corner of Rufe Snow Drive and Hilltop Drive, The other tower, which is 1 DO-feet tall, is located at the southwest corner of Davis Boulevard and Green Valley Drive. A public hearing has been scheduled for this item in accordance with the requirements of the Zoning Regulations for the City, The Planning and Zoning Commission conducted a public hearing and recommended approval of this Special Use Permit at its October 26, 1995 meeting. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission, Finance Review ~ource of Funds: Acct. Number 30nds (GO/Rev,) Sufficient Funds Available ..",,-- gf:;~ting BUdget~ 7/;-h -c... B___~, {,A ~M- Departme 'ead Signatu,e - - City Manager CITY COUNCIL ACTION ITEM . F"'~nc. D"ectol ORDINANCE NO. 2088 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-EIGHT (28) FOR A CELLULAR COMMUNICATIONS FACILITY AND TOWER; PROVIDING A SEVERABILITY 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-Eight (28), 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-Eight (28) be hereby authorized for a Cellular ~ommunications Facility and Tower as set forth in Case Number PZ 95-21 on the property described as follows: Being a 144 square foot portion of Lot 2, Block 10, Richland Heights Addition, an Addition to the City of North Richland Hills, Texas, according to the plat recorded in Volume 388-11, Page 01, Plat Records, Tarrant County, Texas, recorded on April 12, 1977, This property is located at 4413 East Loop 820 North. 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 by this Ordinance, The regulations contained herein shall prevail over any inconsistencies with the regulations contained in Ordinance 1874, 3. THAT, the Cellular Communications Facility and Tower listed in Section 1 above shall comply also with the following: , Location: The location of the building on the lot and the building footprint shall be in accordance - with the Site Plan attached as Exhibit A. b. Antenna height: The maximum height of the monopole antenna structure shall not exceed one- hundred (100) feet in overall height. 4. THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in confiict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26TH DAY OF OCTOBER, 1995. ~~~7 ~ø~ Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 13TH DAY OF NOVEMBER, 1995. Mayor -- City of North Richland Hills, Texas Ordinance No. 2088 Page 2 ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2088 Page 3 Zoning Case Review Fact Sheet Case No. PZ 95-21 PUBLIC HEARING DATES: Planning and Zoning Commission: October 26, 1995 City Council: November 13, 1995 REQUEST: Special Use Permit for a Cellular Telephone Tower APPLICANT: Southwestern Bell Mobile Systems, Dallas TX - Peter Kavanagh, agent PROPERTY OWNER: American U-Stor Richland Ltd., NRH TX SIZE AND LOCATION: Approximately 144 square feet of ground space and 220 square feet of building space located at 4413 East Loop 820 North. SITE CHARACTERISTICS: Existing mini-warehouse facility PROPOSED USE: Cellular Telephone Tower and equipment ALLOWED USE: Cellular Telephone Tower allowed by Special Use Permit only since property is within 200-feet of a residentially zoned area. ADJACENT ZONING/LAND USES North South PO-8: existing mini-warehouse facility R-2 and U: existing single family residence (Richland Heights subdivision) and church (Church of Jesus Christ LOS) PD-8 and U: existing church and mini-warehouse facility PD-8: existing mini-warehouse facility East West DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within the 1 OO-year or 500- year flood plain. THOROUGHFARE PLAN Primary access to this property is from the access road of East Loop 820. Access is not provided or allowed through the residential neighborhood. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is consistent with the Plan. ZONING HISTORY This property was initially zoned C Commercial in 1967. A zoning district change to Planned Development NO.8 for a mini-warehouse was approved in 1973. This change was requested by Pilgrim Realty and was approved by Ordinance No, 480. PLATTING HISTORY This property was platted as Lot 2, Block 10, Richland Heights Addition in April 1977. No other replats have ~een filed on this property. APPLICATION FOR A SPECIAL USE PERMIT CITY OF NORTH RICHLAND HillS 7301 N.E. lOOP 820 NORTH RICHlAND HillS. TEXAS 76180 817-581-5508 Please print all responses PART 1. APPLICANT INFORMATION NAME OF APPUCANT / AGENT: Southwestern Bell Mobile Systems / Peter Kavanagh STREIT ADDRESS OF APPLICANT: 305 W. Greenbriar CITY / STATE / ZlP OF APPUCANT: TELEPHONE NUMBER OF APPLICANT: Dallas, TX 75208 PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY ONNER: American U Stor Richland Ltd. (214) 941-4440 STREET ADDRESS OF PROPERTY OWNER: 4413 East Loop 820 North CITY / STATE / ZIP OF PROPERTY OWNER: TELEPHONE NUMBER OF PROPERTY OWNER: North Rich1and Hills, TX 75244 (817) 284-4745 LEGAL DESCRIPTION OF PROPERTY WHERE SPECIAL USE PERMIT IS BEING REOUESTED: Lot 2, Block 10, Richland Heights Addition (Vol. 388-111, Page 1) STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REOUESTED: 4413 East Loop 820 North PART 3. DESCRIPTION OF REQUEST CURRENT ZONING CLASSIFICATION: PD-8 PROPOSED USE OF PROPERTY: Self Storage to remain, Cellular Monopole to be added ADDITIONAL COMMENTS: ATTACH SITE PLAN PER SPECIFICATIONS ON REVERSE SIDE OF THIS FDRM: Œ:J YES ATTACH AFFIDAVIT FROM PROPERTY OWNER IF APPLICANT IS NOT OWNER: CJ NO CXJ YES c::J NO I hereby certify that the foregoing information is correct to the best of my knowledge. ¡j DATE: September 27, 1995 ~ ~ ¿ Your Name (printed) Peter Kavanagh Signature £ ~ 4' .f PART 4. OFFICE USE ONLY ,/ P & Z PUBUC HEARING DATE: TAXES PAlO? CJ YES o NO CASE NUMBER: f2.15-2\ CITY COUNCIL HEARING DATE: LIENS PAlO? CJ YES DNO FEE $300.00 SPECIAL USE PERMIT APROVED: CJ yes CJ NO OAD. NO. ASSESSMENTS PAID? CJ YES DNO TNI oppllcldon w~1 no. b. och...,I.d fer public h..ing untlth. opp~c.don I.. II "c....d. Condiûon. of Appto~t SPECIAL USE PERMIT Plgo 1 0/ 2 CD-414 (4-93) Land Use Statement Southwestern Bell Mobile Systems Proposed Cell Site 4413 East Loop 820 North SITE: The site is developed with a self storage facility, This facility will remain, ZONING: The site is zoned as Planned Development District NO.8. This Planned Development district provides for the self storage use. Property adjacent to the south and west is zoned R-2 (Single Family). Property to the south and facing Loop 820 is zoned U to provide for an existing church and related facilities, Property to the north of the site is zoned C-2 (Commercial). REQUEST: This request is for a Special Use Permit to provide for a cellular telephone cell site on the self storage property, The site consists of a monopole antenna that is one hundred (100) feet in height. Telecommunications equipment associated with the antenna will be located inside the existing self storage building adjacent to the antenna, CELL SITE: Cell sites consist of telecommunications equipment and an antenna. The antenna is the only obvious sign of the facility. The antenna makes no noise and does not interfere with other types of communications such as radio and television, Antennas are now located throughout all communities in the area. The cell site transmits cellular telephone calls in the area around it. American U Star September 29, 1995 Mr. J. Clayton Husband City of North Richland Hills 7301 N, E, Loop 820 North Rich/and Hills, Texas 76180 Re: 4413 East Loop 820 North Lot 2, Block 10, Richland Heights Addition Dear Mr. Husband: We are the owners of the above referenced property, This letter is to serve as authorization for Southwestern Bell Mobile Systems, through its representative, Peter Kavanagh, to request a Specific Use Permit on our property. The Specific Use Permit will provide a 100' monopole antenna, Should you have any questions or require additional information, please do not hesitate to call me at 817-284-4745 or 817-589-0487, Sincerely, American U Stor Richland, Ltd. By: American ProVest Richland JV G?~1ß2 Ralph A. DeFeo General Partner RDlrd attachment 4413 East Loop 820 North, North Richland Hills, Texas 76180 (817) 284-4745 iR2 13J ~ " ~\ 1AR1 KHAN RD '!)- -.. 01' ..... t:)....... -.. 18 ..... 1 ~ 12 1 10 .\ ' 14 13 IY FRANCIS LN "... \ ~ 7 9 W·W ·Sl 5 6 Þ. 14 13 12 4 5 4 ARNOLD TERR 3 6 7 B 9 2 5 6 7 2 B C) 1 10 '" 12 11 C) 1 .. 14 13 c .., ROGAN ... .. 7900 oQ ROGAN OR c c c c ,., .., 15 .., 14 .. 14 14 15 8 16 13 16 13 7 13R 12 ... 17 12 17 2 TR 11830 11 11R 18 11 18 9.53 AC 1 a: 10 TR a: 116J01 19 W 10 19 10 ~ .20 . ::! z 9 TR.118:0 20 9 20 z ltS~"0 I >- a: 10 -1 0 I 21 B -, B 21 a: w 9 q~ ~ 7 I W a: 7 22 w I 0 ~ I W 23 6 a: 6 2~ ^- 0 f)epartment: CITY OF NORTH RICHLAND HILLS Planning and Inspections Subject: Public Hearing to consider the request of Steve and Agenda Number: PZ 95-22 Vicki Weinberg to rezone Tracts 2A, 2A1, 2A1A, and 2A2; Martin Survey, Abstract 1055, from AG Agriculture to -R-3 Single Family Residentia!. (Located in the 8800 block of Amundson Drive, on the north side of the railroad tracks.) Council Meeting Date: 11/13/95 '''--- Ordinance No. 2089 Steve and Vicki Weinberg are the owners of approximately 17.1 acres of land located in the 8800 block of Amundson Drive, on the north side of the railroad tracks. The owners have submitted a zoning district change request from AG Agriculture to R-3 Single Family Residential for the City Council's consideration. The property in question is bordered on the west by the Stonybrooke and Stonybrooke South subdivisions, zoned R-2 and R-8 respectively. The area zoned R-2 was rezoned in 1984 when the requirements for this district included smaller lots and dwelling units and allowed front-entry garages, The property is bordered on the south by the railroad right-of-way, The property to the north is zoned both agriculture and R-3 Single Family Residential. The R-3 Single Family Residential district requires a minimum lot size of 7,500 square feet, with minimum dimensions of 65-feet in width and 100-feet in depth. Dwelling units constructed in the R-3 district are required to have at least 1,600 square feet in living area, Access to this property is dependent upon the development of the property to the north, This property was lreliminary platted in-the late 1980's, but no further development plans were ever submitted to the city, It is '--unlikely that access across the railroad tracks will be sought to serve this development. The property under consideration is unplatted, A preliminary plat will be submitted at a later date for this property, The Comprehensive Land Use Plan calls for low density single family development in this area. This request is consistent with the plan. A public hearing has been scheduled for this item in accordance with the requirements of the Zoning Regulations for the City, The Planning and Zoning Commission conducted a public hearing and recommended approval of this zoning district change at its October 26, 1995 meeting. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Acct. Number 30nds (GO/Rev.) _ Sufficient Funds Available --'-Operating Budget _ Othe, ";:'~~8~ ßi- Departri1e~ad"Signature CITY COUNCIL ACTION ITEM . F.".nce O.teceo, ORDINANCE NO. 2089 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; 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 95-22, the following described property shall be rezoned from AG Agriculture to R-3 Single Family Residential: BEING a portion of that certain tract, parcel or lot of land located in the Tandy K. Martin Survey, Abstract Number 1055, Tarrant County, Texas; said tract also being the same tract described in a warranty deed conveyed to Lydia Laymance in Volume 2249, Page 425 of the Deed Records of Tarrant County, Texas; said tract being more particularly described by metes and bounds as follows: BEGINNING at a pipe in the north line of said survey, 2607.30 feet west of the northeast corner of said survey, also 25 feet west of the southeast corner of the J,B. Eden Survey, Abstract Number 499, also at the intersection of S.L. & S,W,R,R. north right of way line; THENCE West 1,467.50 feet to a pipe for northwest corner of this tract; THENCE South 1,015.00 feet to a pipe for the southwest corner and north right-of-way line of the S.L. & S,W,R.R.; THENCE North 5þ degrees 19 minutes 49 seconds East 1,784,32 feet along the north right-of- way line of the S,L. & S,W.R.R to the POINT OF BEGINNING, containing 17,1 acres of land, more or less. - This property is located in the 8800 block of Amundson Drive, on the north side of the railroad tracks, 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. 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. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 26TH DAY OF OCTOBER 1995 '~\' r--7 ~ b/~)~J...~ Chairman, Planning and Zoning Commission ~øtiL Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 13TH DAY OF NOVEMBER 1995. Mayor City of North Richland Hills, Texas Ordinance No. 2089 Page 2 ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2089 Page 3 Zoning Case Review Fact Sheet Case No. PZ 95-22 PUBLIC HEARING DATES: Planning and Zoning Commission: October 26, 1995 City Council: November 13, 1995 REQUEST: AG Agriculture to R-3 Single Family Residential APPLICANT: Steve and Vicki Weinberg, Grapevine TX PROPERTY OWNER: Same SIZE AND LOCATION: Approximately 17.1 acres located in the 8800 block of Amundson Drive, on the north side of the railroad tracks. SITE CHARACTERISTICS: There is an existing residence in the southwest corner of the property, and a stock pond just to the north of the house. The property generally slopes east to west. Moderate tree coverage. PROPOSED USE: Single family detached residences AllOWED USE: Single family detached residences ADJACENT ZONING/LAND USES North: South: East: West: R-3-1600 and AG: vacant single family and acreage property AG: existing residences and acreage lots AG: existing residences and acreage lots R-2 and R-8: existing single family residences (Stonybrooke and Stonybrooke South subdivisions) DRAINAGE According to Flood Insurance Rate Maps, portions of this property lie within the 1 DO-year and SOD-year flood plain. There is also a drainage channel on the western edge of the property. THOROUGHFARE PLAN Primary access to this property will be from the proposed subdivision development to the north. The property to the north is not platted, lAND USE MASTER PLAN The Comprehensive land Use Master Plan calls for low density single family development in this area, This request is consistent with the Plan. ZONING HISTORY This property was initially zoned AG Agriculture in 1967. No zoning district change requests have been submitted for this property within the last 10 years. PLATTING HISTORY The property is currently unplatted. The owner intends to submit a preliminary plat on this property in the nea! future, The property to north was preliminary platted in the late 1980's but never developed. "'- N'" >'" nc .... "'- ¡" ~ "'''' '" 8 'a, 7 ~:: n en \ 0 --: ~ "'''' t'7 ~. >a, :0; -;¡j n.... > >a, :;;¡ :j¡ n"" n c >. Z :;;¡ -< 0 z· ;::? ê ....'" .... ~:: :..- ...'" ",'" ~N '" 1;'" ;; '- ::; -a, ..... ><: '" n _ 1;Z ,~ -? .. Vl >'" ~ n n ,~ i o t- '" ð' ........ '" ~ ~! ;¡; "';¡; ~ >N ':2:. nc -.... '" "'- "";'?J ¡; '" , ï...J~ ;) ....N ~. ;; ...- ;:; l;- '" , - - '" ~~ ~? ~ ~= -;¡j I '" ? ~ l;~ >N 8::5 ¡" n<: >co > ". I .: ....::é n ~ WALTER 5T ~ t ~I "';;; ~.+ _ 8i ,.. ~. '" >.... - ,:5 ... nC) b~ Î:\? l; '" :;, ~~ l; \ < l I a l;"" I c::: - \I I t- -I~I U e J -Vl .~ , a ~ -'::;:::¡, "::::,..! I '" I < ::; - - ~~ ~ ~ ::: > ... ":<:... ~... '. 'I (' '" ì I ..", '\ ~~ ¡= '" 0 , 0'" ~ ~V1~ U . .\~~ IT _J_' 01""'\ -... Please print all responses ·APPLICATION FOR A ZONING DISTRICT CHANGE OTY OF NORTH RICHLAND HILLS 7:301 NE. LOOP 82Q NORTH RICHLAND HILlS, TEXAS 76- 617-581-5!> PART 1, APPLICANT INFORMATION NAME OF APPUCANT / AGENT: Steve & Vicki Weinberg STREET ADDRESS OF APPUCANT: 3200 Pool Road CITY /STATE /ZIP OF APPUCANT: TELEPHONE NUMBER OF APP!.1CANT. Grapevine, Texas 76051 817/267-9080 PART 2. PROPERTY OWNER INFORMA TJON NAME OF PROPERT Y OWNER: Steve & vicki Weinberg STREET ADDRESS OF PROPERTY OWNER: 3200 Pool Road CITY / STATE / ZIP OF PROPERT Y OWNER: Grapevine, Texas 76051 TELEPHONE NUMBER OF PROPERTY OWNER: 817/267-9080 LEGAL OESCRIPTION OF PROPERTY WHERE ZONING DISTRICT CHANGE IS BEING REOUESTED: Tracts 2A, 2Al, 2A1A, & 2A2, T.K. Martin Survey, Abst. 1055 STRE::, ADDRESS AT lOCA TlON W,..ERE ZONING CISTRICT CHANGE IS BEING REOUESTED No Street Address PART 3. DESCRIPTION OF REQUEST ¡;¡;ASON FOR CHANGE Develop Single Family Residential Subdivision SU1~t:Y OR MAP A IT ACHED AS REOUIRED BY THIS FORM cx:J YES c:J YES A IT ACH AFFIDA \I1T FROM PROPEFfTY OWNER IF APPlICANT IS NOT OWNER: c::J NO o NO I.Jereby certify that rhe above information is correct to the best of my knowledge. O¡l rE: 101 ( I Your Name (printed) VICt \ G . ./ c4·ð. /' ...). LUt II ¡ßéi...b Signature PART 4. OFFICE USE ONL Y p ~ : P'w"=LlC M£~RI'''G OA T: 2(p OC.:lõ~ % T ':'XES PJJC' DYES ONO CITY COf.JNCll ,..EARING DA TE UENS PAID' DYES ONO ¿ON/NG OIS7.';/CT CHA~GE ':'PROVED ASSESSMENTS PAID' DYES ONO c::J YES c::J NO ORD. NO S1IPf.JLA nONS' ZONING DISTRICT CHANGE Page' of 2 ?K:.~ I CASE Nf.JFžR 15 22- FEE 5300.00 TI'Is acøcaacn ...1 nor oe s:n8OJled tor cuooc nNnno unal 1M. aeplcauon t.. 1$ fec.ved. CD-044 (I'~I Department: CITY OF NORTH RICHLAND HILLS Planning and Inspections _ Council Meeting Date: 11/13/95 Subject: Request of Randall's Properties for Final Plat of Lots 1 and 2, Block A, Rufe Snow Village Addition. (Located at the northeast corner of Rufe Snow Drive and Hightower Drive) Agenda Number: PS 95-36 Randall's Properties is the owner of a 10,092 acre tract of land located at the northeast corner of Rufe Snow Drive and Hightower Drive. The developer has submitted a Final Plat of the property for review and consideration by the City Council. The following are the issues regarding this Final Plat: 1. This property has frontage on Rufe Snow Drive, classified as a P6D Principal Arterial on the Master Thoroughfare Plan. A P6D requires an ultimate right-of-way of 120-feet. The owner is dedicating 15- feet of right-of-way along this property's frontage on Rufe Snow Drive, The required dedication is 55- feet east of the existing center line of the street. 2, This property has frontage on Hightower Drive, classified as a C4U Major Collector on the Master Thoroughfare Plan, A C4U requires an ultimate right-of-way of 68-feet. The owner is dedicating sufficient right-of-way along this frontage to satisfy this requirement. 3. Due to the significant increase in traffic anticipated with the development of this property, Hightower Drive will be improved as part of this property's development. The City will construct the street, sidewalk, and driveway improvements on Hightower Drive, A City-Developer agreement will be signed to assess the owner a portion of the construction costs for the roadway and drainage improvements. The developer will also be responsible for the total costs of all driveway approaches on this property. 4. Only one drive approach will be allowed on Rufe Snow Drive to serve both lots, A Public Access Easement, with a minimum width of 50-feet, will be dedicated to cover both lots, Multiple approaches may be allowed on Hightower Drive. 5. A significant amount of on-site and off-site drainage work is being done as part of this development. Several drainage easements will be dedicated on-site, and off-site easements will be secured. The developer has addressed all engineering comments. The Planning and Zoning Commission considered this Final Plat at its October 26, 1995 meeting and recommended approval subject to engineering comments. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission, - Finance Review Source of Funds: Jonds (GO/Rev.) s Available ~úperating Budget Othe, -...;n-- ~ Depart t Head Signature CITY COUNCIL ACTION ITEM . F"..nce O"eCIOt General Information A. Owner B. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer A. Utility Lines B. Fire Coverage Streets and Thoroughfares A. Thor. Plan B. Improvements C. Extensions D. New Streets E. Street Lights Subdivision Plat Review Fact Sheet Case Number PS 95-36 Randall's Properties, Dallas TX same Lawrence A. Cates & Associates, Dallas TX same 10.0919 acres 2 commercial lots n/a C-1 Commercial grocery store and retail shopping center This property is served by an existing 10-inch sanitary sewer line and 16-inch water line located in the Rufe Snow Drive and Hightower Drive rights-of-way. A hydrant is presently located on the west border of the property, approximately 150-feet north of the street intersection. The developer will install additional hydrants on the property in accordance with Public Works design criteria. This property abuts Rufe Snow Drive and Hightower Drive. Rufe Snow Drive is classified as a P6D Principal Arterial (120-foot r.o.w,), and Hightower Drive is classified as a C4U Major Collector (68-foot r.o.w.). Hightower Drive will be improved as part of this development. The City will construct all paving, curbs and drive approaches, The developer will sign an agreement for assessment of all construction costs. None proposed. None proposed. Any required street lights will be installed in accordance with Public Works criteria. F. Access G. Sidewalks H. Screening Walls I. New Street Names Master Drainage Plan A. Flood Plain B. Improvements C. Easements Access to the property is from Rufe Snow Drive and Hightower Drive. Shared drive approaches will be required to minimize the number of curb cuts on both streets. Sidewalks are required on all lots as each lot develops. None required. None According to Flood Insurance Rate Maps, this property does not lie within the 1 DO-year or SOD-year flood plain. Extensive on-site and off-site improvements are being constructed as part of this development. Several drainage easements are shown on the plat, and several off-site easements will be obtained to handle down stream runoff. Comprehensive Land Use Plan A. Development B. Special Issues This request is consistent with the Plan which calls for commercial development in this area. None. CITY OF N@)RTH RICHLAND HILLS Public Wor'Ks September 19, 1995 MEMO TO: Barry LeBaron Director of Planning and Inspection Services FROM: Kevin B. Miller, P.E. Assistant Public Works Director SUBJECT: PS95-36; RUFE SNOW VILLAGE; Block A, Lots 1 & 2; Final Plat and Construction Plans We have reviewed the Construction Plans submitted to this office on August 21, 1995 and the Final Plat submitted September 11, 1995. The following items are for your consideration. DUE TO THE SIGNIFICANCE OF THE OUTSTANDING ITEMS, WE FEEL THAT THIS PLAT SHOULD NOT BE PLACED ON AGENDA FOR P & Z CONSIDERATION. 1, The legal property description and Public Works signature block need to be added to the cover sheet. 2. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication. In addition the surveyor's seal and signature need to be added to the plat. 3. The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. This plat needs to include the NAD83 Texas State Plane Coordinates for at least two property corners. The coordinates need to be determined by a survey tied to the City's GPS monuments. The bearings need to be NAD83. 4. On the south property line the interior dimensions are slightly off. Corrections need to. be made. P.O. Box 820609.. North Richland Hills, Texas.. 76182-0609 7301 Northeast Loop 820.. 817-581-5521.. FAX 817-656-7503 5. Rufe Snow Drive is designated as a P6D on the Master Thoroughfare Plan. This designation requires an 110 foot ultimate (ROW) right-of-way. It appears that an 80 foot ROW is all that has been dedicated. If that is the case, additional ROW dedication may be required. The ultimate ROW requirement is a total of 55 feet east of the existing centerline. Sufficient iron pins need to be located along the west side of Rufe Snow Drive to verify the ROW. 6. This plat fronts on both Rufe Snow Drive and Hightower Drive. Access is being requested and significant volumes of traffic are anticipated. Due to the burden placed on the road, Hightower Drive needs to be improved to provide curb and gutter. The City of North Richland Hills will construct the street improvements, sidewalks and the driveway approaches on Hightower Drive. The Subdivision Ordinance requires that the Developer provide his portion of these improvements. An agreement will be signed for assessing the construction costs for the roadway. In addition the developer will be responsible for the total cost of the proposed driveway approaches. 7. On streets classified as Collector Streets, the minimum centerline spacing between driveways shall be at least 300 feet. Hightower Drive is a Collector Street. On streets classified as Arterial Streets, the minimum centerline spacing between driveways shall be at least 500 feet. Rufe Snow Drive is an Arterial Street. Based on this, no additional drive approaches other than those shown on the current plans will be allowed for Lots 1 & 2, Block A. 8. An 8 1/2" rise in the driveway from the gutter to the right-of-way is needed to contain the water in the R.O.W, This pertains to all drive approaches, 9. An offsite drainage easement is required where the box culvert is extended beyond the north property line. The water will need to get past the wall and into the curb inlet on the other side, Confirm there is adequate room along the north property line for the required easements, masonry wall, fire lane, storm drain and utilities. 10. The Design Manual requires the fOllowing items to be provided with the Drainage Analysis: Offsite drainage area map with corresponding drainage area numbers and boundaries, width of 100 year flood in the parking lot and storm drain inlet calculations. 11. Street Lighting is required by Section 1-06 of the Design Manual, The locations of any existing street lights need to be shown on the plans to confirm compliance with cwrent ordinances. A lighting plan of the site may be included for approval. Any additional street lights which may be required based on current ordinances need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. 12. The Design Manual contains criteria for necessary fire hydrant coverage. The water layout includes proposed fire hydrants. Appropriate coverage radii for the applicable fire hydrants also need to be included. This will assist Public Works in determining the need for additional fire hydrants. 13. Drop or curb inlets are required to be used in place of grate inlets on all public storm drains. Inlet calculations need to be included with the next submittal. The roof drains need to be connected to vaults or inlets, 14. An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be added to the drainage calculation sheet in the construction plans. 15. The detail for General notes needs to be included in the construction plans. It is recommended that the details be used in their entirety. 16. Inspection fees will be due prior to starting construction, The current rate is four percent for water and sewer and three percent for streets and drainage. 17. Current EPA regulations require that an NPDES permit be obtained prior to beginning construction. The owner and contractor are both responsible for obtaining the permit. The Owner should therefor request information from the EPA to determine the necessary steps for filing an application for an EPA - NPDES Permit. There are several comments regarding the engineering and construction plans, These comments are recorded on a set of blueline construction plans. The plans have been returned to the engineer for revision, The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans, The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ß Kevin B. Miller, P.E. Assistant Public Works Director KBM\pwm95092 cc: Gregory W. Dickens, P.E., Public Works Director CITY OF N@RTH RICHLAND HILLS Public Works October 09, 1995 MEMO TO: Barry LeBaron, Director of Planning & Inspection Services FROM: Gregory W. Dickens, P. E., Director of Public Works SUBJECT: PS 95-36; RUFE SNOW VILLAGE ADDITION, Lots 1 and 2, Block A; Final Plat and Plans We have reviewed the final plat and construction plans resubmitted to us October 4, 1995. The following items need to be addressed: 1. The surveyor's seal and signature need to be added to the plat. 2. Rufe Snow Drive is designated as P6D on the Master Thoroughfare Plan. This designation requires a total right-of-way (ROW) width of 110 feet. Additional ROW will need to be dedicated with this plat. Iron pins tied on the west side of Rufe Snow Drive should be shown on the plat along with the existing and proposed width of ROW dimensions at the north and south end of the property. 3. A 7.5 foot wide utility easement should be noted along the north and east property lines on the plat. 4. No additional drive approaches will be allowed for Lot 2 when it is built on. Please adjust the width notations for the Public Access Easements (instead of "Mutual" Access Easements) on Rufe Snow Drive and Hightower Drive to cover the extent of the curb returns, 5. Provide offset dimensions and metes and bounds sufficient to allow the existing sanitary sewer easement along Rufe Snow Drive to be located in the field. Also note volume and page of its initial dedication on the plat. 6. An offsite drainage easement will be necessary to cover the drop inlet installation just north of the north property line. If the easement is not acquired, a revision to the method for picking up the existing runoff from the north will have to be designed. 7. Provid~ "design point" drainage calculations as noted on sheet C-9. 8. Show boundaries of the 100 year frequency storm runoff from the north to southeast across the property on sheet C-9. The 100 year flood should be contained in a drainage easement. P.O. Box 820609 - North Richland Hills, Texas _ 76182-0609 7301 Northeast Loop 820 -817-581-5521 - FAX 817-656-7503 9. Provide notation for concrete collars to be used as shown on sheet C-10. 10. Provide masonry wall detail to confirm an adequate opening will exist under the wall for runoff to pass through. 11. Grate inlets on a public storm drain are to be allowed on this project only because there appears to be no other acceptable alternative. 12. Please seal and sign the plans on sheets SD-12, SD-13, SD-16 and SD-17 as the design engineer. 13. Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the plans to confirm compliance with current ordinances. A lighting plan of the site must be included for approval. Any additional street lights which may be required based on current ordinances need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. 14. Inspection fees will be due prior to starting construction. The current rate is four percent for water and sewer and three percent for streets and drainage. 15. Current EPA regulations require that an NPDES construction storm water runoff permit be obtained prior to beginning construction. The owner and contractor are both responsible for obtaining the permit. The owner should therefore request information from the EPA to determine the necessary steps for filing an application for EPA-NPDES Permit. These comments as well as other minor revisions have been noted on a set of the plans and returned to the engineer. The comments contained herein do not relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. CITY OF N@RTH RICHLAND HILLS Public Works October 18, 1995 MEMO TO: Planning and Zoning Commission FROM: Kevin B, Miller, P.E. Assistant Public Works Director SUBJECT: PS95-36; RUFE SNOW VILLAGE; Block A, Lot 1 & 2; Final Plat and Construction Plans We have reviewed the subject documents submitted to this office on October 13, 1995. The following it~.ms are for your consideration, 1. The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication. 2. Rufe Snow Drive is designated as P6D on the Master Thoroughfare Plan, This designation requires a total right-of-way (ROW) width of 110 feet. Additional ROW will need to be dedicated with this plat. Iron pins tied on the west side of Rufe Snow Drive should be shown on this plat. If the iron pins can not be found, copies of the field notes should be provided to tie down the street width with the corner. 3. Provide the offset dimension for the sanitary sewer easement along the south property line of Lot 2, Block A along Hightower Drive. 4. Show boundaries of the 100 year frequency storm runoff from the north to southeast across the property on sheet C-9, The 100 year flood should be contained in a drainage easement. 5. An offs-ite drainage easement will be necessary to cover the drop inlet installation just north of the north property line. If the easement is not acquired, a revision to the method for picking up the existing runoff from the north will have to be designed. P.O. Box 820609 . North Richland Hills, Texas * 76182-0609 7301 Northeast Loop 820 ·817-581-5521 . FAX 817-656-7503 6. Additional on site lighting will be required at the driveway approaches along Hightower Drive. The lights will need to be placed as close to the ROW as possible. 7. Inspection fees will be due prior to starting construction. The current rate is four percent for water and sewer and three percent for streets and drainage, 8. Current EPA regulations require that an NPDES permit be obtained prior to beginning construction. The owner and contractor are both responsible for obtaining the permit. The Owner should therefor request information from the EPA to determine the necessary steps for filing an application for an EPA- NPDES Permit. There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The plans have been returned to the engineer for revision, The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents, The marked-up blue lines need to be returned with the next submittal. ~,~~ Kevi~~er, P.E. Assistant Public Works Director pwm95104 cc: Gregory W, Dickens, P,E., Public Works Director Barry LeBaron, Director of Planning & Inspection Services i: City 01 ~i'r\h Filc~land Hdls Ni~H APPLlCATIÖN FOR A 7301 N.E. loop 520 FINAL PLAT Nor\~ Fiichland Hills, r (P,.... pinl 1<:10.1 tes¡><nsO' 817·551·551.---, Proposed Subdivision Name: Lots 1 & 2, Block A, Rufe Snow Village Add it ion - !. ¡ Current Legal Description: : I : I ·John Condra. Survey, Abstract No. 311 (unp1ated) Northeast corner of Rufe Snow,Dri~e @ Hightower Drive i Name "nd Address 01 Current Proper.¡ Owner: Rand~lf's Pro~erties, Inc. (214) I 1430 nwood d. ; Phone No. 661-9700 Dallas, ¡Texas 7t:1234 Nama and Address 01 Previous Owner: (/I purchased during past twatva months) I ! I i ¡ , ~me at 1dfrf'ss °weveloper: . , an a s rop~rtles ; 14303 Inwood Rd. I I .. Phone No. (214) 661-9700 Da 11 as, Texas 75234 : Name and Address 01 Engineer: La rry Cates, P.E. .. Lawrence A. Cates & Associates, Inc. Phone No. (214) 385-2272 1420U Midway Rd. , Suite 122 ' , Da 11 as, Texas 75244 , , - Type 01 Developmenl8eing Proposed: I I ! - o SF Residential o MF Residential ¡ o Other . , , o Duplex Residential ŒJ Commerci~t / Industrial ., Final Plat Application Fee Calculation: .' ,. Application lee: S 120.00 I .. 2. N!.lfr.ber 01 ¡esidenti"lJots @ $1.50 per 101: I 3. Number 01 non·residential acre,s e .55.00 per acre: $50.00 . . 4. Number 01 slreet intersection 'signs @ 555.00 each: , I ~Roo j S. County pIal recording lee: I I . . '. i - p""¿'¡ Total lee: ~~ p' -' : - , ~ .. 1 I !' I hereby C<1liil'¡that I am, or represent. the legal o''''-r.ar 01 /'~e propeliy, r1esclIDed above and do hereby submit this Final Pial to the Planning and Zoning Commission lor consideration. ,. ' . . Da:e: , 09-07-95 Applicant's Phone /Yo.: ( 214) I 385- -a 72 I - ' r 1 I " .:' ï ! Lawrence A. Cates .' S<"I"'~~ :q¿~ Your name (Printed Name): . - Note: Please complete and submit the 'Final Plat Document SubmiHal Checklist· on the reverse side 01 this form. , I ß 4S,'bU , . FINAL PLAT .r: CD· 402 (5 . 94) CITY OF NORTH RICHLAND HILLS Agenda Number: 11/13/95 GN 95-135 Department: City Secretary Subject: Appointment to Library Board Council Meeting Date: Place 4 on the Library Board is currently vacant. Ms, Carol Benoit has been recommended for appointment to Place 4. Recommendation: It is rec0!TImended that City COUflcil take action on the proposed appointment. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available - Operating Budget _ ~ Other _ ,,-. /J <: {~ 1- \ 9~jzt-~~ It. ~ epartment Head Signature ity Manager CnYCOUNC~ACnON"EM FIMllce Director Page 1 of CITY OF NORTH RICHLAND HILLS Subject: Election of Tarrant Appraisal District Board of Directors - Resolution No. 95-56 Agenda Number: 11/13/95 GN 95-136 Department: Finance Council Meeting Date: Nominations for candidates to serve as directors of the five member Tarrant Appraisal District have been received from the voting tax entities, The City of North Richland Hills has been allocated 45 votes which may be cast collectively or separately for any nominee or nominees. A complete list of nominees is included on the official ballot. In October, 1995, the City Council nominated the following candidates: 1. Ruth Ann McKinney 2. Gene Miers 3, Joe Potthoff 4, Tommy Vaughn 5. Mac Wilburn These individuals are also the incumbent members of the Board of Directors, The list of nominees includes the above five nominees and Charles Rogers, City of Fort Worth's nominee, Robert C. Brown, Jr" David Robertson, and Joe Sample. Recommendation: Should Council desire to cast ballots for the Tarrant Appraisal District Board of Directors, it is recommended that votes be cast on the official ballot and that resolution No. 95-56 be approved. Mac Wilburn is the nominee from the consortium of cities of which North Richland Hills is a part. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Fund Operating Budget _ - Oth~./ Depart~~d è¡gna,fr CITY COUNCIL ACTION ITEM Finance Dlrecto, Manager Page 1 of RESOLUTION NO. 95-56 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. This City casts its 45 votes for the following nominee for Director of Tarrant Appraisal District: Mac Wilburn PASSED AND APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Agenda Number: 11/13/95 GN 95-137 Department: City Secretary Subject: Appointment to Town Hall Committee Council Meeting Date: Place 6 on the Town Hall Committee is currently vacant. Mr. Greg Werking has been recommended for appointment to Place 6. Recommendation: It is recommended that City Council take action on the proposed appointment. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ther Acct. Number Sufficient Funds Available Department Head Signature CnYCOUNC~ACnON"EM FlnMce OnClor Page 1 of "'--Oepartment: CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/13/95 _ Council Meeting Date: Subject: Consideration of an amendment to the Zoning Ordinance Agenda Number: GN 95-138 regarding the masonry requirement. Recently, there has been some discussion regarding the city's zoning regulations which require residential structures to be constructed of brick, stone, or other material approved by the City Council. Exterior materials such as stucco, Dryvit Systems TM, wood or STO Exterior Wall Finish and Insulation Systems TM are not allowed unless specifically approved by the City Council. Any change to this regulation will require amending the zoning regulations, An amendment to the zoning regulations can be initiated in the following ways: (1) by a written citizen petition, such as an application for a zoning change; (2) by a majority vote of the Planning and Zoning Commission to conduct a public hearing; or (3) by a majority vote of the City Council instructing the Planning and Zoning Commission to conduct a public hearing. RECOMMENDATION: It is recommended that the City Council consider initiating an amendment to the zoning regulations 'y instructing the Planning and Zoning Commission hold a public hearing to consider deleting the --requirement that alternative exterior finishes on residential structures be approved by the City Council on a case by case basis, Finance Review )urce of Funds: Acct. Number '-Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Othe, 11éÕ!"t.':-tB'.--.. ~ Departmeht Head Signature CITY COUNCIL ACTION ITEM . F.ft.anc:. O,'.CIOI City Stucco Allowed Adopted Building Code Arlington Yes (three coat minimum) 1991 Uniform Building Code Bedford Yes 1991 Uniform Building Code Colleyville Yes (regulated by deed 1991 Uniform Building Code restrictions) Euless Yes 1991 Uniform Building Code Fort Worth Yes 1991 Uniform Building Code Grapevine Yes 1991 Uniform Building Code Haltom City Yes 1991 Uniform Building Code Hurst Yes (only 3-feet above grade) 1991 Uniform Building Code Keller Yes 1991 Uniform Building Code Southlake Yes (regulated by deed 1994 Uniform Building Code restrictions) CITY OF NORTH RICHLAND HILLS Department: Administration Temporary Location of Subject: City Council Chambers - Ordinance No 2085 Council Meeting Date: 11/13/95 Agenda Number: ~N Q~-1 ~Q In order to facilitate the construction of our new building, we request permission to temporarily relocate our City Council Meetings. The new building ties into the existing building in the area of Planning and Inspections, This department will move into our existing Council Chambers. In order to meet our construction timetable, we need to start our remodeling. Our courtroom is adequate in size and sound system to accommodate our meetings until the new chamber is complete, We also have the ability to televise the meetings at this location, We have a meeting scheduled on December 11th, The attached ordinance will allow us to start remodeling December 15th. Recommendation: It is recommended that the City Council adopt Ordinance No. 2085. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION "EM U- Fln...ce 0"<:10< City Manager Page 1 of ORDINANCE NO. 2085 WHEREAS, the City Hall Building at 7301 N.E. Loop 820, North Richland Hills, Texas will be undergoing remodeling which will render the City Council Chambers unusable for meetings beginning on December 15, 1995; and WHEREAS, the City Council meetings and other official meetings of City Boards and Commissions will be conducted at another location designated by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, that: 1, Beginning on December 15, 1995, the City Community Center Building at 6720 N. E. Loop 820, North Richland Hills, Texas is hereby designated as the council chambers for the purpose of holding City Council meetings and meetings of other City agencies which are scheduled for meetings in the council chambers. 2. This ordinance is intended for the purpose of designating the official meeting place for the City on a temporary basis until the building at 7301 N.E. Loop 820 is finished and ready for meeting to be resumed at that address. PASSED and APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve "No Parking" Zone on Northridge Boulevard from its intersection with Harwood Road north to Agenda Number: 5335 Northridge Boulevard - Ordinance No, 2086 11/13/95 GN 95-1110 Subject: Fourteen out of eighteen residents on the west side of the street have signed a petition indicating they are in agreement with a "No Parking at Anytime" designation on this section of roadway. The management of the apartment complex on the east side of the street has expressed their objections. This request is due to the amount of vehicles parking along both sides of the street, which results in only one lane of traffic to travel the roadway, Staff has discussed this with the Police Department, and they have no objections to the no parking zone, Also, all adjacent residents have been notified of the Council's consideration of this matter, Recommendation: It is recommended Council consider Ordinance No, 2086, Finance Review Acct. Number Sufficient Funds Available ur. ~!ß kg., CnYCOUNC~ACTION"EM Finance Director Page 1 of -------_._._~_.~-------'"-~~.- ORDINANCE NO. 2086 In order to protect the health and safety of the City and its inhabitants IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS I that: 1, It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle at anytime upon the public streets or portions thereof set out as follows: Along the east and west side of Northridge Boulevard from its intersection with Harwood Road north to the north property line of 5335 Northridge Boulevard. 2, It is ordered that appropriate NO PARKING signs are authorized and directed to be installed upon the right-of-way of the above public street giving the public notice of these regulations, 3, Any person violating any portion of this ordinance shall be deemed guilty of misdemeanor ad fined not in excess of $200.00, 4, This ordinance shall be in full force and effect from and after its passage and publication as provided by law, PASSED AND APPROVED this 13th day of November, 1995. 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I: j ~ I 7UO , 7414 : 7U4 ¡ 7432 :L \ ¡ ¡rr-: ¡ 7104 ¡ 7104 I' 791% i 7118 ¡ I ¡ \\ _._..____1---------- ! 9 .~' \ I ¡~·-----l ¡ ¡ -'-"\ ¡ i i -~-----l \ \¡ I 6129 !'.J:,~ ,,--1-'--r--1..-..--1. 612&, :, :, .." ~/ ,\ ,< .... L__.__..1 ~, 51H II' í ¡ j ¡ II 6/14 )_·-t,-..-1·T-<. 5tH \\~S . ,"J 6/00 \ 5125 I\:! ~ L --..-..-1 7825 /: r--:-:~'l \ Ii --(I 7906 \ "0; I 7913 ".~..----;::-:"\~,~ r"~'~"- i ~, SIB i / .,., ~"-'------j j !i 61Z0. i i / >. /",-.-\, t~~ x NO I i. i i \ ~ I 1 ! \ i 5160 "0 <:") cr> ~ k. Department: CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/13/95 Subject: Request of Mike Stevens to vary from the masonry requirement. Council Meeting Date: Agenda Number: GN 95-141 "- Mr, Mike Stevens, with Elite Custom Homes, is requesting a variance from the masonry requirement to allow a house to be constructed with a stucco exterior. Mr, Stevens appeared before the Council at its October 23, 1995 meeting, but the Council could not act on his request at that time, Mr, Stevens has applied for a building permit, but the permit is on hold pending the outcome of his request. The proposed house is located at 7408 Woodhaven Drive in a new subdivision called Oak Ridge Estates. It is a single story house with a detached garage at the rear of the property. The house is 2,338 square feet in size, and the estimated selling price is $185,000, The lot is 14,225 square feet in size. RECOMMENDATION: It is recommended that the City Council consider this request. ''.,- C;ource of Funds: .. 30nds (GO/Rev.) '- Operating Budget Other . ~q~~{¡~..".- '-', -a_~ _~~~ Depart t Head Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available ~ . F.n.nce O"eClot u AI, (PI.... prlnt)'O<.r rospotlSO$) APPLICATION FOR A BUilDING PERMIT SINGLE FAMILY - NEW CONSTRUCTION AND REMODELING city 01 North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 817·581·5508 PART 1. PROPERTY OWNER INFORMATION Legal }!JPtion: / lot: 1iõëi: Nams of property owner: Address of property owner: city / State / Zip: (10) New single family dwelling unit 1st fIoot living area 2nd floor living area T otalliving Blea Alea of porchæ and patios Alea of gBlage Number of bathrooms Estimstød value PART 2. CONTRACTOR INFORMATION NameofgenerËLritTë.m[!~S T6>ffl l!ðM£S / ,AlC/, II OS 3 Telephone: 28S-802G (Check appropriate box and fill in appropriate information in blank spacøs.) 2338 s.f. (11) 0 Remodel, repair or an addition to an existing single family dwelling unit Total area being remodelød / repaired Total area of new addition s.t. 5.1. s.f. 2338 s.f. ft7 S.t. S.t. 2. I oC!:> $/4-4 ifð. - Estimated value $ GønøraJly describe the Iype of work being proposed: Note: AttllCh , Plot Plln ,nd your propoud Con.truetlon PI,n.ln IICcordane. wfth NRH Bulletin No.1 00, Eløctriçal: Plumbing: R,~, REV£. /("/~e:. M8chanicaJ: Your name (Printed Name): -1 EANI1 PART 5. FOR OFFICE USE ONLY Zoning District: UBe Uu Code: Noti6ød Owner/Contractor: Permit Approved: Dyes Røvifted by: Permit Føø: DNo Bldg. permit Date: Comment.: 1. Refer to approved plan. for any additional Building Code requirements. Elect. permit: Plbg. permit: 2. Approved construction plans .hall be on the Job .Ite when In.pection. are made. A 1 Single Family Building Permit Møch. permit: T cxal føø: Less deposit: Total due: NR~ co . 001 f3.QIi\ CITY OF NORTH RICHLAND HILLS Department: LeQal Ratification of Lopez v. City Settlement- Kesolutlon No. ~6-5 ( Council Meeting Date: 11/13/95 Subject: Agenda Number: GN 95-142 . The Council authorized settlement of Case No. 161268 in the 48th District Court (Lopez v. City) for $10,000. This case has been settled for that amount. Resolution No. 95-57 ratifies the settlement. Recommendation: It is recommended that City Council approve Resolution No, 95-57 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ~ Other Acct. Number Sufficient Funds Available Fin..... Dlrec:tOt Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 95-57 WHEREAS, the City Council has heretofore authorized the attorney for the City to offer a settlement of $10,000.00 for a release in the case of Kimberly Lopez v. City of North Rich/and Hills, Texas (Cause No. 48-161268); and WHEREAS, such offer was made and accepted; and WHEREAS, such settlement was approved by the 48th District Court of Tarrant County, Texas as shown by Exhibit "A" attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The settlement of $10,000.00, plus attendant expenses, in the case of Kimber/y Lopez v. City of North Rich/and Hills in Cause No. 161268 in the 48th District Court of Tarrant County, Texas, be and is hereby RATIFIED and APPROVED. 2. . \ All expenditures in this case shall be paid from Account No. 21-00-00-0751. PASSED AND APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 11/13/95 Subject: Authori7P- Pllr~h:::l~p- nf IntoYilY7er thro'lgh State of Texas Contract Agenda Number: PU 95-72 In the 1995/96 approved budget Council appropriated funds for the purchase of an Intoxilyzer for the Police Department. The' present equipment is outdated and will not be recognized by the State after next year. The State of Texas solicited formal bids for the latest, updated equipment and the contract was awarded to CMI, Incorporated. The City can purchase this equipment through the . State contract for $5,890. Purchasing the equipment through this contract satisfies all State laws requiring the City to solicit formal bids, Recommendation: It is recommended City Council authorize the purchase of an Intoxilyzer from CMI, Incorporated, through the State of Texas contract, in the amount of $5,890. "- Finance Review Source of Funds: Bonds (GO/Rev.) Operatin Budget-X- "-. Other FI"."ce DINCIOt Page 1 of CITY OF NORTH RICHLAND HILLS '- Department: Finance I Park and Recreation Council Meeting Date: 11/13/95 Subject: Fxtp-nn Cnntr~ct for the Printing of the leis' Ire Resource Guide Agenda Number: PB--95-73 At the October 24, 1994 meeting Council awarded the annual contract for the printing of the Leisure Resource Guide to Dallas Offset (PU 94-82), This brochure is printed three times a year and contains information and schedules for activities and classes held at the Recreation Center and the Parks. The brochure is mailed to all residences located within the City and placed in various locations at City Hall, the Library and Recreation Center. Dallas Offset has offered to extend the contract for an additional year, This company is the only local vendor with the special equipment required to print and bind the brochure to meet the City specifications. Recommendation: It is recommended City Council extend the contract to Dallas Offset to print the Leisure Resource Guide an additional year. ',--, FinanCé Review Source of Funds: Bonds (GO/Rev.) Operating Budget -X- '- Other --ß-S~·~-~ {ßv Department Head Signature , CITY COUNCIL ACTION "EM Acct. Number 01-75-20-4010 Sufficient Funds Av 'Iable FlMnce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 11/13/95 Subject: Award Bid for Annual Office Supply Contr~r.t Agenda Number: PU 95-74 Formal bids were solicited for an annual agreement to supply various office supplies for all City Departments, Because specific items and quantities vary from year to year, Bidders were requested to bid a specific percentage off the vendor's catalog list price. The results of the bids received are as foltows: B,T. Miller Office Products 52,5 % Boise Cascade Office Products 52 % The discount shall apply to all office supply items with the exception of printer ribbons and office furniture, Recommendation: It is recommended City Council award the bid for the annual office supply contract to B,T. Miller Office Products for 52,5% off catalog list price, Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget L cnh~ ~~ Depa ment Head S¡9natfr C"YCOUNC~ACTION"EM Various FINI/'Ice Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Human Resources Council Meeting Date: 11-13-95 Subject: Reauest to Approve Bid for 1995-96 Property Insurance Agenda Number: PU 95-75 Our current property insurance policy expires on November 15, 1995, We submitted a renewal of our property insurance coverage to bid and received the following bids, Submitted By Carrier Deductible Texas Insurance Group Aetna $1000 Except windstorm or Hail: $25,000 Higginbotham & Assoc. Federal $5000 Arthur Gallagher & Co, Zurich/American $5000 Roach, Howard, Smith Employer's $5000 & Hunter Reinsurance Corporation Premium $24,370 $28,000 $38,569 $38,570 It is the staff's opinion that Texas Insurance Group submitted the best bid. The $25,000 deductible for windstorm or hail damage is basically for catastrophic (tornado) losses. The windstorm and hail that occurred earlier this year was, by all accounts, considered to be more damaging than normal. Even so, our losses as a result of the windstorm or hail was less than $5000, Given the same set of circumstances in 1995-96, we would not recover any of our losses due to windstorm or hail from either of the two lowest bids, Therefore, we believe the most important factors in evaluating the two lowest bids are the deductibles for losses other than the result of windstorm or hail and the annual premium. Recommendation: It is recommended that the City Council award the City's property insurance for FY 1995-96 to Aetna Insurance Company as submitted by the Texas Insurance Group. Finance Review I Source of Funds: Bonds (GO/Rev.) Operating Budget --L o~~ Ør e ment Hea . nature CnYCOUNC~ACnON"EM FtnMce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Change Order No. 1 for Rodger Line Drive, Phase B (addition of Amundson Road) Council Meeting Date: 11/13/95 Subject: Agenda Number: PW 95-69 This change order involves two major changes to this project. The first change is an adjustment of existing quantities to some of the miscellaneous items, This change resulted in reducing the amount of Unclassified Channel Excavation by 16% and deleting an 8-inch sanitary sewer that was determined to be unnecessary, This change reduces the Rodger Line Drive contract by $22,553.70. The remainder of this change order adds the construction of Amundson Road from Mid Cities Boulevard to Cardinal Lane, This change order will benefit the City in the following two ways, 1, By making Amundson Road part of a larger project, we can get it constructed at a reduced cost. The Engineer's Estimate showed the estimated construction cost to be $262,488,25 if the City took bids, If Amundson Road is included as a change order, the construction cost is $225,875.55, This will result in an estimated savings of $36,612,70, 2. Including Amundson Road as a change order will expedite its completion, Construction can begin earlier by eliminating the advertising and bidding process, Funding Source: E-Systems has signed an agreement to pay 50% of the engineering and construction cost for this section of Amundson Road (Exhibit "A"), Sufficient funds are budgeted in the 1996 Bond Sale as approved in the 1995/96 CIP Budget for Amundson Road, #20-25-03-6000 ($258,000 - construction) , Recommendation: The staff recommends Council approve Change Order No. 1 in the amount of $203,321.85. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot FlnanClt Director ment Head Signature CnYCOUNC~ACnON"EM Page 1 of K-E-F NO. 3-247 CHANGE ORDER NO. -1- TO THE CONTRACT WHICH WAS DATED Between CITY OF NORTH RICHLAND HILLS LARRY H. JACKSON CONSTRUCTION. INC. SEPTEMBER 25. 1995 , (OWNER) , (CONTRACTOR) And For RODGER N. LINE DRIVE. SECTION "B": PAVING. DRAINAGE. AND BRIDGE IMPROVEMENTS Pursuant to the provisions of Section 6 of the General Conditions of the Contract, this Change Order, when fully executed, shall constitute the authority to change the work of the Project as follows: 1. The following quantities for existing pay items on Rodger Line Drive and the Calloway Branch Channel shall be adjusted: ITEM UNIT EXIST. QUANT. RVSD COST NO. DESCRIPTION UNIT PRICE QUANT. CHANGE QUANT. CHANGE 10. Unclassified Channel Excavation C.Y. $8.80 12,590 (2,020) 10,570 ($17,776.00) 20. Control Density Embankment C.Y. 3.30 1,400 831 2,231 2,742.30 2S. 8" Dia. Sanitary Sewer L.F. 40.00 163 (163) 0 (6,520.00) 3S. Type "A" Sanitary Sewer Manhole EACH 1,000.00 2 (1) 1 (1 .000.00) TOTAL COST CHANGE........... ($22,553.70) 2. Construct Amundson Road from Mid Cities Blvd. north to Cardinal Lane. Add the following quantities to the existing items in the Contract: ITEM UNIT EST. TOTAL ~ DESCRIPTION UNIT PRICE QUANT. COST A3P. Unclassified Street Excavation C.Y. $3.30 2,174 $7,174.20 A4P. Control Density Embankment C.Y. 3.30 81 267.30 A6P. 8" Thk. Stab. Subgrade S.Y. 2.00 4,239 8,478.00 A7P. Lime TONS 90.50 86 7,783.00 A8P. Prime Coat C.Y. 0.20 4,239 847.80 A9P. Type "0" Misc. Uses TONS 80.00 68 5,440.00 AlOP. 7" Thick Cone. Paving S.Y. 21. 50 2,747 59,060.50 All P . 6" Monolithic Curb L.F. 1.50 1,764 2,646.00 A15P. 4" Thick Cone. Sidewalks S.F. 2.25 1,916 4,311.00 A16P. Wheelchair Ramps EACH 600.00 2 1,200.00 A20P. 4" Thk. Topsoil S.Y. 1.80 556 1,000.80 A22P. Project Sign EACH 500.00 2 1,000.00 A23P. 4" Dia. Yellow Buttons EACH 4.40 228 1,003.20 A24P. 4" Dia. White Buttons EACH 4.40 220 968.00 A25P. Type I-C Pavement Markers EACH 5.05 35 176.75 A26P. Type II-AA "Amber" Pvmnt Markers EACH 5.30 60 318.00 A4D. 36" Dia. RCP L.F. 49.00 523 25,627.00 A6D. 24" Dia. RCP L.F. 30.00 200 6,000.00 A10D. 5'-0" Sq. Vault EACH 2,400.00 3 7,200.00 A19D. Hydromulch S.Y. 0.50 556 278.00 A20D. Drainage Trench Safety L. F . 1.00 723 723.00 A21D. Erosion Control L.F. 2.50 240 600.00 SUB- TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $142,102.55 3-247, Rodger N. Line Drive, Section "B", Change Order No. 1 Add the following new bid items: BID BID ITEM DESCRIPTION UNIT PRICE QUANT. EXTENSION A32P. 8" Thk. Concrete Paving S.Y. 31.75 1,224 38862.00 A33P. 4" Thk. Concrete for Medians S.Y. 19.80 1,175 23265.00 A34P. Extruded Thermoplastic Arrows EACH 300.00 4 1200.00 A23D. Std. 10' Cast-in-Place Curb Inlet EACH 2100.00 4 8400.00 A24D. 24" Dia. Type "B" Headwall EACH 900.00 2 1800.00 A25D. Temporary Asph. Pavement Replacmnt L.F. 1. 00 25 25.00 A26D. Permanent Asph. Pavement Replacmnt L.F. t;n no 25 1250.00 A1W. 8" Dia. PVC Water Line L.F. 40.00 94 3760.00 A2W. 6" Dia. PVC Water Line L.F. 35.00 27 945.00 A3W. 8" Gate Valve EACH 475.00 2 950.00 A4W. 6" Gate Valve EACH 375.00 1 375.00 A5W. Fire Hydrant EACH 1000.00 1 1000.00 A6W. Ductile Iron Fittings TONS 2800.00 0.65 1820.00 A7W. Water Trench Safety L.F. 1.00 121 121.00 SUB- TOTAL.... ..... ..... ..... ..... .. 83773.00 The Contract Amount is modified as follows: Total Change Order Cost Existing Contract Amount. Revised Contract Amount 203321.85 $1,180,969.80 $1,384,291.65 Contract completion time shall be increased by change. o days because of this CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: /~ --;? 'lZku-J Date: November 7, 1995 ENGINEER'S RECOMMENDATION OF ACCEPTANCE: Date: ~? Ir'is-' By: By: Date: NQU-07-1995 16:11 E-SYSTEMS, INC. 214 661 8508 P.02/03 CITY ¡OWNER AGREEMENT STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THE PRESENTS This agreement made by and between the City of North Rièhtand Hills, a municipal corporation of the State of Texas, hereinafter called "NRH", and e-Systems, Inc. Pool Trust, hereinafter called E-Systems, witnesseth: WHEREAS, NRH proposes to construct Amundson Road street and drainage improvements from Cardinal Lane to Watauga Road within the next 1welve (12) months; WHEREAS, NRH proposes to put in a 4B-foot concrete paved roadway flaring to a GO-foot roadway at Watauga Road to accommodate a left-tum lane; and WHEREAS, E-Systems is in favor of Amundson Road from Cardinal Lane to Watauga Road being constructed in the near future. NOW THEREFORE, the parties agree as follows: 1. NRH will coordinate the design of Amundson Road and administer the construction contract. 2. E..Systems will dedicate the necessary Amundson Road right-of·way to NRH at no cost to the City as well as the buffer strip south of Watauga and west of the future right-of-way for Amundson Road as required by Ordinance No. 1564 adopted September 12. 1988. 3. E-Systems will pay fifty percent (50%) of the engineering and CQnstrudion costs for this section of Amundson Road and the median opening with tum lanes on Watauga Road to NRH upon completion of the construction and presentation of a stat~ment form NRH. lñe amount to by paid by E-Systems under this agreement will not exceed $146,000. Ptge 1 012 tsft-H?> IT (\ A 1\ - ..::::::-- 'ml"H)'7-1 '3'35 16: 11 ". E -S/STEt1S , I i'JC. 214 651 8508 P.0J/03 4. This agreement shall become effective on the latest date of execution following and shall bind the partíes, their successors and assigns. WITNESS OUT HANDS THIS _ day of ,1995 CITY OF NORTH RICHLAND HILLS, TEXAS By: ATTEST: Jeanette Rewis, City Secretary E-Systems, Inc. Pool Trust By: ~ e~~~ Michael C. Eberhardt, Trustee STATE OF TEXAS COUNTY OF TARRANT I This instrument was acknowledged before me on this ;z 1~ay of Qc....ToBER. ,1995 by Michael C. Eberhardt, Trustee, e-Systems, Inc.'Pool Trust, a Texas Trust on behalf of said Trúst. . Commission Expires . .R- Notary's Printed Name pege 2 of 2 e-SystllmUGf TClT~L P.03 CITY OF NORTH RICHLAND HILLS Department: Subject: Public Works Council Meeting Date: Award of Bid on Hightower Drive, Section A 1, Paving, Drainage and Signali7:1tion Improvements Agenda Number: 11/13/95 PW 95-10 Bids were received on this 1994 CIP bond project on October 24, 1995, This section of Hightower Drive is from Rufe Snow Drive east approximately 1200 feet. The project was divided into several alternatives to give the City a choice in the pavement type and how the road will be reconstructed. The attached letter from Richard Albin, Knowlton-English-Flowers, Inc" explains each alternative in detail. Below is a summa of each alternate and the bids received, ..............-............ ......................... ......'......-.............. ........................... ........................... ............-.............. ........................... ............................ ............................ ......'..................... ............................ ........................... .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . Affématè? 1 1A 2 2A 1-X 1 A-X 2-X 2A-X Concrete pavement; RCP storm drain, Close road during construction, Concrete pavement; plastic storm drain. Close road during construction, Asphalt pavement; RCP storm drain, Close road during construction. Asphalt pavement; plastic storm drain. Close road during construction, Same as #1 Road open during construction, Same as #1 A Road open during construction, Same as #2 Road open during construction. Key points of interest from the bids: ..,.".........-:......',....-....,'...'.......,........,.....-.....'... Aµ~jï.ri:~f!ªg!~': 'Róid>: .. ..... .. $ 537,141.72 (180 days) $ 537,915.72 (180 days) $ 485,796,87 (150 days) $ 486,570.87 (150 days) $ 553,141.72 (180 days) $ 553,915.72 (180 days) $ 501,796.87 (170 days) $534,296.15 $535,449,64 (180 days) (140 days) No Bid $ 536,223.64 (140 days) $ 502,671.75 $ 484,480.32 (180 days) (130 days) No Bid $ 485,254.32 (130 days) $ 612,296,15 $ 568,449.64 (300 days) (180 days) No Bid $ 569,223.64 (180 days) $ 580,671.75 $ 517,480.32 (300 days) (170 days) No Bid $ 518,254.33 170 da þo Austin-Bridge was the low bidder for concrete paving and asphalt paving, with the road open during construction, þo Larry Jackson was the low bidder for concrete paving, with the road closed during construction, ÞO J,L. Bertram was the low bidder for asphalt paving (all alternatives with road closed). ÞO Approximately $19,000 can be saved if the road is closed during construction (compare Alternates #1- Larry Jackson and #1X - Austin Bridge), Source of Funds: Bonds (GO/Rev.) Operating Budget Oth Finance Review ~ nature CITY COUNCIL ACTION "EM Fln...œ Director Page 1 of "'--., Below is a preliminary schedule for the project: Council Award Bid Preconstruction Meeting Utility Adjustments Begin Street Construction End Construction 11/13/95 11/27/95 11/27/95 - 1/12/96 12/04/95 6/03/96 Funding Source: The 1995/96 CIP Budget has $400,000 allocated for Hightower Drive from Rufe Snow Drive to Crosstimbers Lane. The City will receive approximately $351,000 from adjacent property owners through agreements and assessments, Sufficient funds are available for this project. Recommendation: Staff recommends Council award this project to Austin Bridge & Road in the amount of $553,141.72 (Alternate 1-X, concrete paving and keeping the road open) for a period of 180 calendar days and amend the budget to incorporate future reimbursements from agreements and assessments. '-- ~ starnesRd. ~ :} ~ c8 u~ C> ~ ... ~ 0 o o L1 i ~ -c J~ ~ ] -f1 ::s¡ ~ ... =t :5 IHIigJh1t(J)we1I'Drive I §ec1tR(J)Tffi A 1 ~ lD jpD , \ ) N \ w E s Project Location o -- October- 5. 1995 · KNOWL TON-ENGLlSH-FLOWERS, INC, CONSUL TlNG ENGINEERS / Fort Worth-Dallas October 25, 1995 r;---=":' / : \\~L::,:' ~'. \ ,~, - \::. t) ': í:. ' /" ,...-? 6 'I' -. . 0'\ I . \': , ..J\ ~ \\ \' \ \ \;~ 1 \ \::..--__--- ~-,---~.- \ '-, '-' \ . -." L----- Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-377, CITY OF NORTH RICHLAND HILLS HIGHTOWER DRIVE, SECTION "A 1", PAVING, DRAINAGE AND SIGNALIZATION IMPROVEMENTS BID TABULA TION AND RECOMMENDA TION OF A WARD Bids were received yesterday from five (5) bidders for the referenced project. A detailed tabulation of bids is attached (Exhibit "B"). A summary list showing a "ranking" of all bid alternatives is also attached (Exhibit "A "). The following is a summary of the bids for each Alternate: SUMMARY OF BIDS FOR VARIOUS ALTERNATES PROVIDED (All Totals Include Off-Site Excavation Costs, "X" Alternates Include Road Open Costs) ALT. LARRY J.L. ED AUSTIN ORVAL NO, JACKSON BERTRAM BELL BRIDGE HALL 1 534,296.15 535,449.64 536,924.95 537,141.72 656,396.53 180 140 120 180 150 1A NO 536,223.64 538,153.95 537,915.72 655,609.33 BID 140 120 180 150 2 502,671.75 484,480.32 NO 485,796.87 648,176.89 180 130 BID 150 150 2A NO 485,254.32 NO 486,570.87 647,389,69 BID 130 BID 150 150 1-X 612,296.15 568,449,64 571,824.95 553,141.72 700,696,53 300 180 200 180 160 1A-X NO 569,223.64 573,053.95 553,915.72 699,909.33 BID 180 200 180 160 2-X 580,671.75 517,480.32 NO 501,796.87 692,476.89 300 170 BID 170 160 2A-X NO 518,254.32 NO 502,570.87 691,689.69 BID 170 BID 170 160 Keep Road Open Cost 78,000.00 33,000.00 34,900.00 16,000.00 44,300.00 Off-Site Excavation 41,914.60 32,015.62 8,918.00 26,754.00 4,459.00 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 Page 2, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward EXPLANATION OF AL TERNA TES BID CONCRETE ASPHALT ROAD CLOSED ROAD OPEN RCP POLYETH, AL TERNA TE PAVEMENT PAVEMENT DURING TO TWO-WAY STORM DRAIN STORM DRAIN NUMBER (7" THICK) (8" THICK) CONSTRUCTION TRAFFIC (CONCRETE (PLASTIC AT ALL TIMES PIPE) PIPE) 1 X X X 1A X X X 2 X X X 2A X X X 1-X X X X 1A-X X X X 2-X X X X 2A-X X X X This project includes either concrete or asphalt paving on Hightower Drive, plus underground storm drain, traffic signalization work at Rufe Snow Drive, and water system adjustments. Contractors were asked to bid on eight (8) separate alternates as described below: 1. This alternate includes 7" thick Concrete Pavement on Hightower Drive with reinforced concrete pipe ŒCP) storm drain, and close the road during construction, lA, This is the same as Alternate 1, above, but with polyethylene storm drain pipe in lieu of RCP, 2. This alternate includes 8" thick Asphalt Pavement on Hightower Drive, with RCP storm drain, and close the road during construction, 2A. This is the same as Alternate 2A, but the storm drain is polyethylene in lieu of RCP. 1- X This is the same as Alternate 1, but includes the extra costs to keep Hightower open to two-way traffic at all times, lA-X This is the same as Alternate lA, but includes the extra costs to keep Hightower open to two-way traffic at all times. 2-X This is the same as Alternate 2, but includes the extra costs to keep Hightower open to two-way traffic at all times. 2A-X This is the same as Alternate 2A, but includes the extra costs to keep Hightower open to two-way traffic at all times, Page 3, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward RANKING THE BIDS The following two methods are used in ranking the bids: 1. Compare only total bid amounts, and ignore Calendar Days bid. Because of utility adjustments which will be required by TU-Electric, Lone Star Gas, and Southwestern Bell, this project will probably be delayed several weeks before the Contractor can start roadway work. The time bid by each contractor does not include an allowance for delays such as this which are beyond the contractor's control. The calendar times bid vary widely -- from a low of 120 Calendar Days by Ed Bell (keep road closed) to a high of 300 days by Larry Jackson (close the roadway during construction) . 2. Compare adjusted bid amounts, (for ranking purposes only), which includes the total bid amount, plus a calculated dollar value for the Calendar Days bid ($3OO/day), and subtract all off-site excavation costs. (See attached Exhibit "B"). The quantity of off-site excavation work on the Billy Graham property is currently subject to negotiation, and some or all of the proposed off-site excavation may be deleted from the project. If the existing off-site channel can be used for discharging the proposed underground storm drain system (with some modifications to the storm drain outlet structures as required), then the off-site excavation costs can be reduced or eliminated completely. The amounts bid by each contractor for the off-site channel excavation also vary widely -- from a low of $4,459.00 by Orval Hall to a high of $41,914.60 by Larry Jackson. Method 1 -- Based only on Total Bid Amounts (Alt. 1) Concrete Pavement, RCP Pipe, Include Off-Site Excavation, Close Road: 1. Larry Jackson $534,296.15 180 Calendar Days 2. J.L. Bertram 535,449.64 140 Calendar Days 3. Ed Bell 536,924.95 120 Calendar Days 4. Austin Bridge 537,141.72 180 Calendar Days 5. Orval Hall 656,396.53 150 Calendar Days (Alt I-X) Concrete Pavement, RCP Pipe, Include Off-Site Excavation, Keep Road Open to Two- Way Traffic at All Times: 1. Austin Bridge $553,141.72 180 Calendar Days 2. J . L. Bertram 568,449.64 180 Calendar Days 3. Ed Bell 571,824.95 200 Calendar Days 4. Larry Jackson 612,296.15 300 Calendar Days 5. Orval Hall 700,696.53 160 Calendar Days Page 4, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward (Alt. 2) Asphalt Pavement, RCP Pipe, Include Off-Site Excavation, Close Road: 1. 2. 3. 4. . 5. J. L. Bertram Austin Bridge Larry Jackson Orval Hall Ed Bell (No Bid) $484,480,32 485,796.87 502,671.75 648,176.89 130 Calendar Days 150 Calendar Days 180 Calendar Days 150 Calendar Days (Alt. 2-X) Asphalt Pavement, RCP Pipe, Include Off-Site Excavation, Keep Road Open to Two- Way Traffic at All Times: 1. 2. 3. 4. 5. Austin Bridge J.L. Bertram Larry Jackson Orval Hall Ed Bell (No Bid) $501,796.87 517,480.32 580,671.75 692,476.89 170 Calendar Days 170 Calendar Days 300 Calendar Days 160 Calendar Days Method 2 -- Based on Total Bid Amounts Less Channel Excavation. and Considering Time Bid Value (Alt. 1) Concrete Pavement, RCP Pipe, Delete Off-Site Excavation, Close Road: 1. 2. 3. 4. 5. J.L. Bertram Larry Jackson Ed Bell Austin Bridge Orval Hall $503,434.02 492,381.55 528,006.95 510,387.72 651,937.53 140 Calendar Days ($42,000 Value) 180 Calendar Days ($54,000 Value) 120 Calendar Days ($36,000 Value) 180 Calendar Days ($54,000 Value) 150 Calendar Days ($45,000 Value) (Alt I-X) Concrete Pavement, RCP Pipe, Delete Off-Site Excavation, Keep Road Open to Two- Way Traffic at All Times: 1. 2. 3. 4. 5. Austin Bridge J. L. Bertram Ed Bell Larry Jackson Orval Hall $526,387.72 536,434.02 562,906.95 570,381.55 696,237.53 180 Calendar Days ($54,000 Value) 180 Calendar Days ($54,000 Value) 200 Calendar Days ($60,000 Value) 300 Calendar Days ($90,000 Value) 160 Calendar Days ($48,000 Value) (Alt. 2) Asphalt Pavement, RCP Pipe, Delete Off-Site Excavation, Close Road: 1. 2. 3. 4. J. L. Bertram Austin Bridge Larry Jackson Orval Hall $452,464.70 459,042.87 460,757.15 643,717.89 130 Calendar Days ($39,000 Value) 150 Calendar Days ($45,000 Value) 180 Calendar Days ($54,000 Value) 150 Calendar Days ($45,000 Value) Page 5, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward (Alt. 2-X) Asphalt Pavement, RCP Pipe, Delete Off-Site Excavation, Keep Road Open to Two- Way Traffic at All Times: 1. 2. 3. 4. 5. Austin Bridge J. L. Bertram Larry Jackson Orval Hall Ed Bell (No Bid) $475,042.87 485,464.70 538,757.75 688,017.89 170 Calendar Days ($51,000 Value) 170 Calendar Days ($51,000 Value) 300 Calendar Days ($90,000 Value) 160 Calendar Days ($48,000 Value) RECOMMENDA TIONS Based on the various alternates and combinations of conditions discussed above, the following table represents the best bid for each alternate: SUMMARY OF BEST BIDS FOR VARIOUS ALTERNATES ALT. NO. ALT. DESCRIPTION CONTRACTOR AMOUNT BID CAL. DAYS Asphalt Paving 2.1 Close Road During Const. J.L. Bertram $452,464.70 130 Delete Off-Site Excav. Asphalt Paving 2-X.1 Keep Road Open Austin Bridge & Road 475,042.87 170 Delete Off-Site Excav, Asphalt Paving 2,2 Close Road J.L. Bertram 484,480.32 130 Include Off-Site Excav, Asphalt Paving 2-X.2 Keep Road Open Austin Bridge & Road 501,796,87 170 Include Off-Site Excav. Concrete Pavement Close Road 1.1 (*) Delete Off-Site Excav, Larry Jackson 492,381.55 180 Considering Time Bid Concrete Pavement Keep Road Open 1-X.1 Delete Off-Site Excav. Austin Bridge & Road 526,387.72 180 Considering Time Bid Concrete Pavement 1,2 Close Road Larry Jackson 534,296,15 180 Include Off-Site Excav. Concrete Pavement 1-X.2 Keep Road Open Austin Bridge & Road 553,141.72 180 Include Off-Site Excav. Page 6, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward (*1 NOTE: J.l. Bertram's bid of $503,434.02 ($535,449.64 base bid less $32,015.62 for off-site excavation) is higher than Larry Jackson's bid of $492,381.55 for this condition. However, Larry Jackson bid 180 Calendar Days for this option (a value of $54,000 at $300/Day), while J,l. Bertram bid only 140 Calendar Days (a value of $42,000). The cost of the extra time bid by Larry Jackson is $54,000 - 42,000 = $12,000. Adding the $12,000 to Larry Jackson's bid of $492,381.55 = $504,381.55, which is just over J.l. Bertram's bid of $503,434.02 by only $947.53. If the extra 40 Calendar Days bid by Larry Jackson is not a factor in the award, then the low bid for this option would be Larry Jackson in the amount of $492,381.55. Based on the tabulation above, we would recommend award of the Asphalt Pavement alternate to J. L. Bertram if the road can be closed to through traffic during construction; or to Austin Bridge if the road must remain open to two-way traffic at all times. If Concrete Pavement is selected, then we would recommend award to Larry Jackson, with the road closed; or to Austin Bridge if the road must remain open. The following table is a breakdown of the bids for these bidders: ITEM J,l. AUSTIN BERTRAM BRIDGE Asphalt Paving Asphalt Paving Close Road Open Road $ 227,616.06 $ 200,611.98 43,109.50 50,016.39 173,497,96 191,977.00 40,256.80 43,191.50 LARRY JACKSON Concrete Paving Close Road AUSTIN BRIDGE Concrete Paving Open Road Paving Signalization $ 268,707,65 45,235.30 180,887.70 39,465.50 $ 251,956.83 50,016.39 191,977,00 43,191.50 Drainage Water Lines Open Road Cost .......-..................,...............-..... ...-..................................... .... ...........'...,.. ...... ............."...". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . .. .........,..,....". ................................................................................................ ............................................................................................. ..........'....................................................................... '.' ..::·:::~::~:~4ª4~4ªPsª?::::~~·::4ª§~7ª§~ª7::~~:i.:~$~~:íª§~'l~~ ·.:··:.:~··~~·~'::::·:~·$..:§~7~.J4'J"~7? + 16,000.00 I I + 16,000.00 I '.'....,..'..,..'................................ ·················,·········1 ....·'....1·..··..............·................·,..··· ,..... ··.··1 :~pº.1l?})§s~:tZ .. ........ ::::::.:::.:::::: '.' :,.:.::.~.¡.:::~:.~.::.·:::;:::;:::::·:::~;~;·:§§ª~J41;V? . - 41,914.60 - 26,754.00 .....:.:.;.:.;.;.:.;.;.:.: ................... ... ·~:ºRgNƺ!AÇ:::::: ... ......... I .::.·:::.:··.··.·.·:·.1.·: :::::::;:::;:;:;;;:::;::;;:::::::;::;: Off-Site Excavation - 32,015.62 - 26,754,00 ..........,-...-..................... ..................... ............ .................... .........,-- -..... .......................................... ........................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,...........,............................. ........................................... . .'·~::4}t$~9fi.~s?7·::~: 170 I ..............-........ ....................... ............ ......... .. ··~:B~Y¡~~p:~mQÎÂ4~::: ....... . ....... ........ ........... . . . . . . . . . . . . . . . . . ..,..... ........... ··Î··Æ§?~~§$q7Q;· 130 Ui··:::~·4ª?¡@ªj;§§{:: ........... .·"·:·':·~..::.·.·:::·:.~$~~;~ªz~'iz I 180 Calendar Days 180 We will be present at the November 13, 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. ~~ RICHARD W. ALBIN, P.E. Page 7, October 25, 1995 Hightower Drive, Section A 1, Paving, Drainage and Signalization Improvements Tabulation of Bids and Recommendation of Contract A ward RW A/ralEnc1osures/sids.377/ cc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Mr. Larry Cunningham, Assistant City Manager Mr. Charles Harris, Director of Finance 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 Mr. Jimmy Cates, Public Works Superintendent/Streets Mr. Larry Jones, Public Works Superintendent/Utilities ;. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for thp- Rp-r.nn~tr\Jr.tinn of thp- RI Jfp- ~nnw nrivp-II H A?O Agenda Number: Bridge - Resolution No. 95-43 11/13/95 Subject: PW 95-71 Resolution No. 95-43 authorized the Mayor to execute this agreement for the Rufe Snow Drive Bridge/I,H. 820 Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA), The federal and state funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $1,874,040. The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, utility adjustments, and maintenance, The State will acquire the right-of-way and inspect/administer the construction process. Upon approval and execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement, they will request payment from the City in the amount of $8,420. This is the estimated funds required by the State to administer the project. This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportaiton Improvement Program to be $841,960. ',-- Funding Source: Sufficient funds were budgeted for this project in the 1995/96 CIP Budget. Recommendation: Staff recommends Council approve Resolution No, 95-43, Finance Review 20-02-04-6000 ' Fin"".. Dnew CITY COUNCIL ACTION "EM Page 1 of RESOLUTION NO. 95-43 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the ISTEAlCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow DriveBridge at I.H. 820 as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit "A", and made a part hereof. 3. The sum of $8,420 as payment to the State of Texas to cover their administrative costs is hereby approved, The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 20-02-04-6000. PASSED AND APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City EXHIBIT "A" Agreement No. 5XXF6095 Tarrant County CSJ: 0008-14-086 IH 820 at Rufe Snow Drive ~% Federal 31% Local 14% State STATE OF TEXAS * COUNTY OF TRAVIS * A G R E E MEN T (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials, hereinafter called the "City". WIT N E SSE T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("IS TEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ( "MPO' s" ) and the States' Transportation Agencies to develop transportation plans-and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the State and the City desire the improvements to the intersection of IH 820 at Rufe Snow Drive, by adding a bridge as shown in the attached Exhibit "A", to be hereinafter identified as the "Project"; and 10/24/95 Page 1 of 10 Type "P" WHEREAS, Title 23 V.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the day of , 19 , the City Council passed Resolution No. attached hereto and identified as Exhibit "S", authorizing the City's participation in the development of the Project; and WHEREAS, the state will secure the federal cost share, let the construction contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30th day of November, 1994, the Texas Transportation Commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; A G R E E MEN T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the state and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The state and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. S. The Project will be designated a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadway; however, any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction 10/24/95 Page 2 of 10 Type "P" contract. C. The City will continue to provide maintenance for all city roads within the limits of the Project until the state's award of the construction contract. 3. ACQUISITION OF RIGHT-OF-WAY The state will be responsible for the acquisition of the necessary right-of-way required for the Project. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the State is to acquire and provide for the Project. The right-of-way maps and property descriptions shall be submitted to the State for approval. Tracings of the maps shall be retained by the State for its permanent records. 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work and notify the Texas Department of Transportation in order that this work may be coordinated with the appropriate utility company. The State shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the State will be responsible for all costs associated with the additional utility work. 6. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated and all conflicting utilities have been adjusted to clear the proposed construction. 10/24/95 Page 3 of 10 Type "p" 7. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the state written certification from the appropriate regulatory agency(s) or their designated representative that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 8. ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include an environmental assessment and the holding of necessary public meetings and public hearings. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Hiqhways, Streets And Bridqes or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 9. PROJECT FUNDING A. The total costs for the construction of the Project, including engineering services is estimated at $2,716,000. B. The State will be responsible to contribute the sum of $380,240, as well as secure the federal share of the funding required for the development and construction of the Project. The City will be responsible for any non- federal/State participation costs associated with the Project. 10/24/95 Page 4 of 10 Type "P" C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $8,420. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by state to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the state's written notification to the address provided herein. E. In the event the state determines that additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned, F. If after the execution of the agreement the City elects to terminate the Project, the City shall be responsible for those eligible expenses incurred by the State which are attributable to the Project. 10. INDIRECT COST RECOVERY PLAN Article 6252-5f, V.T.C.S., requires the State to recover indirect costs based on a percentage of the State's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 11. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. 10/24/95 Page 5 of 10 Type "p" B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion", the roadway will be removed from the State Highway System and will revert under the jurisdiction of the City. 12. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 13. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 14. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 10/24/95 Page 6 of 10 Type "P" 15. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 16. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 17. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 18. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 19. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 20. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: 10/24/95 Page 7 of 10 Type lip" state: Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Fort Worth, TX 76115-0868 Attn: Wes Heald, District Engineer City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 Attn: C.A. Sanford, City Manager All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 21. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 22. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 10/24/95 Page 8 of 10 Type "P" 23. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 24. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 25. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B»; also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 26. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 27. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 10/24/95 Page 9 of 10 Type "P" IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Robert Cuellar, P.E. Typed Name Deputy Executive Director of Transportation Planninq and Development Title Date 10/24/95 Page 10 of 10 Type uP" SEN;T BY: TXDOT ;12-12-94; 7:51 TXOOT- 817 370 6759:# 2 ~ .. :; TEXAS TRANSPORT A TION COMMISSION VARIOUS County MINUTE ORDER Page -1- of -L Pages I '~ District VARIOUS WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the I~termodal Surface Tra.Í1sportation Efficiency Act (ISTEA) of 1991, requires ~ch designated NIetropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation ImprovefIlent Program (TIP) as a condition to securing federal funds for transportation projects ùnder either Title 23 or 49 of United States Code; and; WHEREAS, Seption 134{h) requires an MPO to develop its TIP in cooperation with the state and affected transi~ operators; to provide citizens, affected public agencies, representatives of nansportation agency employees, other affected employee representatives, private providers of transportation and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportation lµ1provement Program (STIP) for all areas of the state in cooperation with those designated ¥POs; and further req\lires the Governor to provide citizens, affected public agencies, rþpresentatives of transportation agency employees, other affected employee representatives, private providers of trapsportation and other interested parties with a reasonable opportunity to c:omment on the proposed STIP; and WHEREAS, Sections 134{h) and 135(t) specify the respective requirements and eligibility e¡riteria for projects to be included in the respective TIPs; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportation officials, the Honorable Ann W. Richards, Governor of Texas, has delegated to the Texas "transportation Commi~sion (the commission) those powers and responsibilities granted to her by I$TEA, save and except the Recreational Trails programs; and WHEREAS, the FY 1995-1997 STlP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-19961lPs for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 SllP with new FY 1995-1997 TIPs as shown in Exhibit ~ A ~; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the fInal rule on transportation conformity requires the TIP in a non- ~ttainrnent area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EXHIBIT "C" ~ " TEXAS TRANSPORTATION COMMß... .IN VARIOUS County MINUfE ORDER Page ~ of ~ Pages District VARIOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~P A); and WHEREAS, the commission.. at its meeting on October 27, 1994, reviewed the drafts of the TIPs for the non-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earliest date consistent with applicable policies and procedures; and WHEREAS, widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices, and at the departtnent's headquarters in Austin, to provide input from citizens, affected public agencies, representatives of transportation agencies employees, other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 1994; and WHEREAS; oral and written comments received due to this hearing process were analyzed and the department's responses and recommendations were submitted to the commission for consideration as reflected in Ex.hibit "B"; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDERE~ that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EP A NOx waiver; and EXr:IIB·Ir.J;' "C" : 'SE~T BY: TXOOT ; 1 ¿-1 :¿-84 Î .:> ¿ ... .. ........ ................... -..I . ,. TEXAS TRANSPORTATION COMMTh~10N V ARlOUS County MINUTE ORDER Page Ì- of Ì- Pages District V ARlOUS IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit "A." nning and ~~ Deputy Executive Director for Transportation Planning and Development Minute Number :104bC:( Date Passed HOV 30 ~4 EXHIBIT nc- .z1ë\I;~;ti";":.M>S:;.; . ,:'"1: ~ð ~ ò=., . ," :<:', .,.,';;,' I ,.... § ",~i'~ !Ji~~¡~ ::t",;£:I'ñ;¡'¡IÊtI ~.,:~,'~~/:~~~âl~I~~i""}1l~':;;; """.",:;( _. i\~'~'µ ,TiR$HëL ~ ~J~ :.~;. ~ :~~ ~f~ =!~: ~"c c:~:.· I ~ ~ ~'..~=:g¡ '~::J¡;~~::~~.~:'I.~~:~¡:?:'.'··..,:/;. ~~' (1'. ~ ~ R1iì ~ ",~ ~ ~ 1:· ,:!ffi~':':~ ~: Nî~ ~J>" ~.~ ~I M ~TH ti:~=:~.:;.,,j,y~ CORT~~',~'::~I~~~~~~:~~ <~:~!";~~ ~ ~ E~~ ~~ " . .' 0 8 >: -. r', n . ,>. ~ BRlX ~... ..; \:Þ ;;: I 0 .'~:' ~ :.> . cemet.,y.: .--",.."..,~ -','. 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PAGE NO. 4 TRANSPORTATION IMPROVEMENT PROGRAM FORT IIORTH DALLAS-FORT IIORTH MPO OCTOBER 21, 1994 ----------------------------------------------------------------------------------------------------------------------- FY 1997 DISTRI CT NAME OR DESIGNATION COUNTY LOCATION (FROH) LOCATION (TO) CSJ DESCRIPTION OF IIORK ---+----------------------------- FORT \lORTH IH 20 TARRANT AT "CCART ST IN FORT IIORTH 0008-12-905 TRAFFIC SURVEILLANCE SYSTEM I FORT \IORTH IH 3511 TARRANT IH 3511 FRTG RDS AT IIESTERN CE IN FT IIORTH 0014-16-200 TRAFFIC SIGNALS I ------- FORT \IORTH IH 820 TARRANT AT RUFE SNOII DR IN NORTH RICH -. 0008-14-905 ADD ADDITIONAL BRIDGE ", , ----------- FORT IIORTH SH 114 TARRAKT HORTHIIEST HVY IN GRAPEVINE 0353-03-901 HIKE AND BIKE TRAIL , -------------------- FORT IIORTH SH 26 TARRANT AT PLEASANT RUN IN COLLEYVILL 0363-01-906 REALIGN INTERSECTION , ---- FORT \lORTH SH 26 TARRANT AT GLADE RD IN COLLEYVILLE 0363-01-907 INTERSECTION IMPROVEMENT , FORT \lORTH SP 580 - TARRANT AT LAS VEGAS TRL IN FORT IIORT 0Q08-0I.-901 INTERSECTION IMPROVEHENTS , --- FORT \lORTH CS JOHNSON ON FOX LANE AT QUILL HILLER CREEK IN BURL 0902-5Q-Ol. 7 REPLACE BRIDGE , --- FORT \IORTH MH TARRANT COOI(S LANE AT COTTOHVOOD CRK 867(}-{)2-901 REPLACE BRIDGE AND APPROACHES I FORT \lORTH IH 35\1 TARRANT AT BASSIlOOD BLVD 0014-16-211 CONSTRUCT GRADE SEPARATION AN I FORT \IORTH SH 199 TARRANT 0.6 "I N OF FH 1886 0.·5 I'll S OF FM 1886 0171-Ql.-Ql.7 CONSTRUCT INTERCHANGE IIITH FM I FORT \IORTH SH 199 TARRANT 0.4 "I N OF DENVER TRAIL 0.7 I'll S OF DENVER TRAIL 0171-Ql.-Q48 CONSTRUCT INTERCHANGE UITH DE , NTER PROJ. 10 FED PROG FEDERAL COMMENTS F. CLASS ST. CAT. STATE LANES PHASE LOCAL LENGTH MPO TOTAL --------------------------+-----------+--------+-----------+---------------- COG 1/ 4218 ' CKAQ $3,200,000 06/97 1 5 800,000 8 C,E 0 0.001 1106 S4,000,000 ----------------------+ I I I --- COG 1/ 2772 CKAQ $68,000 11/96 BLVD 1 5 17,000 0 C,E 0 0.001 1106 $85,000 --------------------------.-----------+--------+ . -- COG 1/ 4171 C/'IAQ S1,493,800 11/96 HILLS 1 5 380,240 4 C,E 841,960 0.001 1106 $2,716,000 -------------------------+-----------+--------+--- I COG 1/ 4332 CKAQ $100,713 11/96 3 5 24,851 E 4 C,E 5,232 0.001 1106 S130,7<16 --------------------------+-----------+--------+-----------+- --- COG 1/ 4055 CKAQ $198,400 08/97 3 5 49,6CIJ ,l. C,E,R 62,000 0.001 1106 S310,000 --------------------------+-----------+--------+-- -+ --- COG 1/ J.OS4 CMAC S213,5oo 08/97 3 5 52,500 4 C,E,R 84,000 0.001 1106 S35O,000 ----------------------- I -+- I I COG 1/ 4124 CMAC $36,000 01 /97 3 5 9,000 J. C,E;R 15,000 0.001 1106 $60,000 --------------------------+-----------+ + I - TXDOT rGe $160,800 11/96 ;: 7 0 1 /,() , 200 i.- 0.100 1106 $201 ,000 --- I I , I TXDOT BRIDGE $265,6CIJ I 1 1 /96 5 68 66,~1 E 2 C,E 0.001 1106 S332,000 --------- I I , I TXDOT DP S7, 560, 000 11/96 1 15 1,890,000 l. C,E 0 NTAGE ROADS 1. 080 1106 S9,/'50,000 - I - I I I TXDOT DP S9,672,341 08/96 2 15 2,418,085 4 C,E,R 0 AND TRAFFIC HANAGEMENT 1.117 1106 S12,090,426 , , I I TXDOT OP S8,977,992 08/96 2 15 2,241.,498 N 4 C,E,R 0 TRAIL AND TRAFFIC 1.098 1106 $11,222,490 I I I I LAND E H ESON N o FRO N 1886 HVER PHASE: E=ENGIHEERING, C=COHSTRUCTION, R=ROII, T=TRANSFER CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for the Reconstruction of the Rufe Snow Drive/Karen Agenda Number: Drive Intersection - Resolution No, 95-42 11/13/95 Subject: PW 95-72 Resolution No. 95-42 authorizes the Mayor to execute this agreement for the Rufe Snow Drive/Karen Drive Intersection Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). The federal funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $268,500, The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, ROW acquisition, utility adjustments, and maintenance. The State will inspect and administer the construction process. Upon approval and execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement, they will request payment form the City in the amount of $2,685. This is the estimated funds required by the State to administer the project. This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportation Improvement Program to be $268,500, Funding Source: Sufficient funds were budgeted for this project in the 1995/96 CIP Budget. Recommendation: Staff recommends that Council approve Resolution No, 95-42. Finance Review ature CnYCOUNC~ACnON"EM -'.-......--.- Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth Fln...ce OnClor Page 1 of RESOLUTION NO. 95-42 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the ISTENCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive/Karen Drive Intersection Project as the act and deed of the City. 2. A copy of said agreement is attached hereto, marked Exhibit "A", and made a part hereof, 3. The sum of $2,685 as payment to the State of Texas to cover their administrative costs is herby approved. The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-13-94-6000, PASSED AND APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City EXHIBIT "A" Agreement No. 5XXF6090 Tarrant County CSJ: 0902-48-281 Rufe Snow From: Karen Drive To: I H 820 50 % Federal 50% Local STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials hereinafter called the "City". WIT N E SSE T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C, Section 101 et seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ( "MPO' s" ) and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the State and the City desire the intersection improvements of Rufe Snow Drive from Karen Drive to IH 820, as shown in the attached Exhibit "A", to be hereinafter identified as the "Project"; and 10/24/95 Type "J" Page 1 of 12 WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the day of , 19_, the City Council passed Resolution No. , attached hereto and identified as Exhibit "S", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, let the construction contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30 day of November, 1994, the Texas Transportation Commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. S. The Project will be designated a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadways; however any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. C. The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract. 10/24/95 Type "J" Page 2 of 12 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall pay all costs and perform all necessary requirements to provide title in the name of the City to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The City shall provide all right-of-way free and clear of all improvements and/or encroachments. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the right-of-way to the City, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2 (g) . Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in addition to normal right- of-way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the Project. B. In the event the right-of-way is donated to the City after the federal authorization date for acquisition of right- of-way, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be credited towards the City's financial share towards the cost of the project. C. The State will not reimburse the City any funds in the event the right-of-way was purchased before execution of this agreement or the fair market value of the donated property exceeds the City's financial share towards the project. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the City is to acquire and provide for the project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of-way. Tracings of the maps shall be retained by the City for its permanent records. 10/24/95 Type "J" Page 3 of 12 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. 6. DETERMINATION OF RIGHT-OF-WAY VALUES The City agrees to make a determination of property values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Expenses incurred by the City in performing this work may be eligible for reimbursement after the City has received written authorization by the State to proceed with determination of right-of-way values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the City, and in each case so files the judgement of the court will decree to the City title to the property condemned. 10/24/95 Page 4 of 12 Type "J" 8. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special Commissioners' hearings assessed against the City in condemnation proceedings and fees incidental thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed fifty percent (50%) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 9. REIMBURSEMENT Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed fifty percent (50%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed fifty percent (50%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed fifty percent (50%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condemnation", the participation by the State shall be based on the final judgement, conditioned upon the State having been notified as to all action taken therein. 10. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the 10/24/95 Page 5 of 12 Type "J" appropriate regulatory agency(s) that the environmental problems have been remedied. The state will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include environmental assessment and holding of necessary public meetings and a public hearing. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Hiqhwavs, Streets And Bridqes or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 13. PROJECT FUNDING A. The total costs for engineering, right-of-way, and construction of the Project is estimated at $537,000. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project. The City will be responsible for any non-federal participation costs associated with the Project. C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,685. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by the State to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the 10/24/95 Page 6 of 12 Type "J" state within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the state within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the state will perform an audit of the cost and any funds due the City will be promptly returned. 14. INDIRECT COST RECOVERY PLAN Chapter 2106, Texas Government Code, requires the State to recover indirect costs based on a percentage of the State's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 15. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion", the roadway will be removed from the State Highway System and will revert under the jurisdiction of the City. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 10/24/95 Page 7 of 12 Type "J" 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 18. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 20. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 21. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 22. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any 10/24/95 Page 8 of 12 Type "J" reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 24. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State:Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Ft. Worth, TX 76115-0868 City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 25 . SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 10/24/95 Type "J" Page 9 of 12 26. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 27. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 28. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 29. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B»; also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 30. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 31. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and 10/24/95 Type "J" Page 10 of 12 Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 10/24/95 Page 11 of 12 Type "J" IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Robert Cuellar, P.E. Typed Name Deputy Executive Director of Transportation Planninq and Development Title Date 10/24/95 Type "J" Page 12 of 12 -I I II I .1, ~r-!!RH~'dct§ "-- ~~ì~/' '; 'Ow I ~~? '< I BETrY ~ I ,~O ANIH ~ /. _ I~' I ~\ /'- ~ , .,', . '< ~ 'í. ~ I KlTIY ~: I ~ Q ~ HEWln .. OOél RUTHE~ W ER \;í ~ ..:J : 10 RSH¿L 0 «.;. ~ ~ 0 ,~ U ~ - ;;: _ .. ::;1 ~I ") ,... 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Ò' ~ C ~29 1.1. ; ;rarrant Count , JunU)f College ..... , Notlheut ~ I C.tmpus 0,", <r - r- / õ " ù .. « .. ¡.....f- l- I .-: S'E~T BY: TXOOT .12-12-94; 7:51 TXOOT.... 817 370 6759;:: 2 .. :: f' TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page --L of -L- Pages C-- District V ARIOU~ WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface TraÍ1sportation Efficiency Act (ISTEA) of 1991, requires each designated N,1etropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation ImprovefIlent Program (rIP) as a condition to securing federal funds for transportation projects únder either Title 23 or 49 of United States Code; and' WHEREAS, Se;ction 134{h) requires an MPO to develop its TIP in cooperation with the state and affected transi~ operators; to provide citizens, affected public agencies, representaùves of transportation agency employees, other affected employee representatives, private providers of transportation and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportaùon lµlprovement Program (STIP) for all areas of the state in cooperation with those designated ¥POs; and further req\lires the Governor to provide citizens, affected public agencies, rþpresentatives of transportation agency employees, other affected employee representatives, private providers of trapsportation and other interested parties with a reasonable opportunity to c'omment on the propoied STIP; and WHEREAS, Sections 134{h) and 135(f) specify the respective requirements and eligibility criteria for projects to be included in the respective TIPs; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportaùon officials, the Honorable Ann W. Richards, Governor of Texas, has delegated to the Texas lransportaùon Commission (the commission) those powers and responsibilities granted to her by ISTEA, save and excep,t the Recreational Trails programs; and WHEREAS, th¢ FY 1995-1997 STIP, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STIP with new FY 1995-1997 TIPs as shown in Exhibit "A"; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the fmal rule on transportation conformity requires the TIP in a non- ~ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EXHIBIT ··C" ~ " TEXAS TRANSPORT A TION COMMISSION VARIOUS County MINUTE ORDER Page --1- of -1- Pages District V ARlOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~PA); and WHEREAS, the commission, at its meeting on October 27, 1994, reviewed the drafts of the TIPs for the non-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earl iest date consistent with applicable policies and procedures; and WHEREAS, widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices, and at the department's headquarters in Austin, to provide input from citizens, affected public agencies, representatives of transportation agencies employees, other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 1994; and WHEREAS, oral and written comments received due to this hearing process were analyzed and the department's responses and recommendations were submitted to the commission for consideration as reflected in Exhibit "8"; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION 8Y THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDEREQ that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EP A NOx waiver; and EX::E-I:IBXT "C·· SE~T BY:TXDOT ;12-12-94 7:52 TXOOT- el'f 370 6759;# 3 - ,. TEXAS TRANSPORT A TION COMMISSION V ARlOUS County MINUTE ORDER Page -L of -L Pages District V ARlOUS IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit ~ A. . nni ng and ~~ Deputy Executtve DIrector for Transportation Planning and Development Minute Number :104b6)J Date Passed [0 V 3 0 ~ !.1 . EX:I-I:IBIT "C·· PAGE I/O. 2 TRANSPORTATION IMPROVEMENT PROGRAM FORT \lORCH DALLAS-FORT \lORTH MPO F ~ 1997 v~ : 05é":( t:. , --------------------------------------------------------------------------------------------------------------------------- NAME OR DESIGNATION PROJ. 10 FED PROG FEDERAL COMMENTS LOCATION (FROM) F. CLASS ST. CAT. STATE I LOCATION (TO) LANES PHASE LOCAL CSJ DESCRIPTION OF \lORK LENGTH I1PO TOTAL I -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT \/ORTH CS COG # 4339 STP-MM S4OO,000 01/97 TARRANT REGIONAL CORRIDOR I1ANAGEMENT SYSTEM 7 4C 100,000 o T 0 0.001 1106 S500,000 DISTRICT COUNTY 9902-48-930 INCIDENT DETECTION-RESPONSE PROGRAI1 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT \/ORTH FM 3029 TARRANT THOUSAND OAK DR SH 26 IN HURST ON PRECINCT LINE RD 3125-01-010 IIIDEN FROM 5 TO 7 LANES COG # 1648 4 5 0.900 STP-MM 4C C,E 1106 S1,126,4OO 11/96 281,600 352,000 S1,76O,000 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH MH TARRANT ON DEBBIE LANE FROM BUSINESS US 287-P US 287 IN MANSFIELD 8352-02-001 RECONSTRUCT EXISTING TIIO LANES TO A DIVIDED FOUR LANE TXDOT 4 2 1.100 STP-UM 4D C,E,R 1106 S1,164,028 11/95 291,007 l.61,000 S1,916,035 --+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH FM 2280 JOHNSON US 67 FM 917 IN SECTIONS 2465-01-009 IIIDEN EXISTING TIIO LANES TO INCLUDE PAVED SHOULDERS TXDOT 5 2 4.852 STP-R 4F C,E 1106 S2,128,080 11/95 532,020 o S2,660,100 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- E FORT IIORTH FM 1187 TARRANT AT MKT RR EAST OF CROIILEY TXDOT 3 o 1330-01-029 RAILROAD GRADE SEPARATION & APPROACHES 0.001 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- STP-RX 4G C,E,R 1106 FORT IIORTH as 114L TARRANT SH 114 TO SH 26 IN GRAPEVINE COG # 4164 CMAQ 3 5 4 C,E,R 1.900 1106 0353-07-903 CORRIDOR IMPROVEMENTS S2,317,440 08/97 579,360 o S2,896,8OO S2,849,353 11/96 736,902 1,326,423 S4,912,677 -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- ,.- FORT IIORTH CS COG #2674A CMAQ S6,56O,000 01/97 TARRANT FORT IIORTH TRANSIT AUTHORITY I. 5 0 o T 1,640,000 0902-48-982 REPLACE 79 BUSES 0.001 1106 S8,200,000 -----------+------------------------------------------------------------+-----------+--------+------ FORT IIORTH CS TARRANT PIPELINE RD / MELBOURNE RD IN HURST 9902-48-944 INTERSECTION IMPROVEMENTS COG tI 4314 4 I. 0.001 CMAQ 5 C,E,R 1106 S129,6OO 11/96 o 110,400 S21.O,000 -+--------+-----------+---------------- ---+------------------------------------------------------------+ FORT IIORTH CS TARRANT RUFE SHOll ~ GLENVIEV DR IN NORTH RICHLAND HILLS 9902-48-946 INTERSECTION IMPROVEMENTS COG # 4172 CMAQ 4 5 I. C,E,R 0.001 1106 S250,000 11/96 o 250,000 S500,000 I FORT IIORTH CS TARRANT FIELDER RD/NORllOOD UN IN ARLINGTON -----------+------------------------------------------------------------+-----------+--------+- COG tI 4013 CMAQ S120,750 10/97 450 4 C, E, R 54,250 9902-l.8-950 INTERSECTION II1PROVEMENTS 0.001 1106 $175,000 --+-----------------------------+------+----+------+------- FORT IIORTH CS TARRANT RUFE SNOII FROfI KAREN DR TO IH 820 IN NORTH RICHLAHD HILLS ~ 9902-48-951 INTERSECTION II1PROVEMENTS ~ -----------+--- FORT IIORTH CS TARRANT PARK ROIl DR ø HORIIOOD UN IN ARLINGTON COG # 1.173 4 4 0.001 ----------------+---+----+ COG 1/ 1.015 CI1AQ 4 5 I. C,E,R 0.001 1106 +- COG # l.O12 CMAQ I. 5 I, C,E,R 0.001 1106 9902-48-954 INTERSECTION IMPROVEMENTS -------------- FORT IIORTH CS TARRANT OAK\IOOD UN TO RANDOL MILL PARK ON RANDOL "ILL RD IN ARLINGTON 9902-l.8-955 CORRIDOR IMPROVEMENTS CI1AQ 5 C,E,R 1106 $268,500 11/96 o 268,500 $537,000 I S12O,750 10/97 o 54,250 $175,000 I $355,500 07/97 o 91.,500 $450,000 ------------------------------------------------------------------------------------------------------------------------- 'HASE: E=ENGINEERING, C=CONSTRUCTION, R=ROII, T=TRANSFER EXHIBIT "C" CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Agreement with the State of Texas for thA RAcon~trlJdion of thp- Rllfp- ~now nrivp-I Agenda Number: Glenview Drive Intersection - Resolution No. 95-41 11/13/95 Subject: PW 95-73 Resolution No, 95-41 authorizes the Mayor to execute this agreement for the Rufe Snow Drive/Glenview Drive Intersection Project. This project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA), The federal funds obligated to the project by this Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreement are $250,000. The agreement describes the City being responsible for the engineering, right-of-way (ROW) documents, ROW acquisition, utility adjustments, and maintenance, The State will inspect and administer the construction process, Upon approval and execution of this agreement by the City, it will be sent back to the Texas Department of Transportation (TxDOT). After TxDOT signs the agreement they will request payment from the City in the amount of $2,500, This is the estimated funds required by the State to administer the project, This payment will be credited towards the City's share of the total funding for the project. The City's share for the entire project is shown in the 1995 Transportation Improvement Program to be $250,000. Funding Source: Sufficient funds were budgeted for this project in the 1995/96 CIP Budget. Recommendation: Staff recommends Council approve Resolution No. 95-41. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budge o '13-13-95-6000 ~ Finance OIr.ClOt Page 1 of RESOLUTION NO, 95-41 BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The mayor be, and is hereby authorized and directed to execute the ISTEAlCMAQ Agreement of this date with the Texas Department of Transportation dealing with construction of appurtenances to the Rufe Snow Drive/Glenview Drive Intersection as the act and deed of the City. 2, A copy of said agreement is attached hereto, marked Exhibit "A", and made a part hereof. 3. The sum of $2,500 as payment to the State of Texas to cover their administrative costs is hereby approved, The funds have already been appropriated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-13-95-6000. PASSED AND APPROVED this 13th day of November, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY Attorney for the City EXHIBIT "A" Agreement No. 5XXF6089 Tarrant County CSJ: 0902-48-280 Rufe Snow and Glenview Drive 50 % Federal 50% Local STATE OF TEXAS * COUNTY OF TRAVIS * AGREEMENT (CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of North Richland Hills, Texas, acting by and through its authorized officials hereinafter called the "City", WIT N E SSE T H WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 et seg., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes t,hat Metropolitan Planning Organizations ("MPO' S") and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the City is a member of the North Central Texas Council of Governments, a Metropolitan Planning Organization established under the laws of the State of Texas. WHEREAS, the 'State and the City desire the improvements to the intersection of Rufe Snow Drive and Glenview Drive, as shown in the attached Exhibit "A", to be 10/24/95 Page 1 of 12 Type "J" hereinafter identified as the "Project"; and WHEREAS, Title 23 U.S.C. Section 120 establishes that the Federal share of funding for CMAQ will not exceed eighty percent (80%) of the cost of the Project; and WHEREAS, the City has offered to participate in the development and construction of the Projects by providing funding, preparing the design documentation, acquiring the necessary right-of-way, accomplishing utility adjustments and other necessary items required by the State; and WHEREAS, on the __ day of , 19__, the City Council passed Resolution No. , attached hereto and identified as Exhibit "B", authorizing the City's participation in the development of the Project; and WHEREAS, the State will secure the federal cost share, let the construction contract, provide the construction inspection, provide other items as required; and WHEREAS, on the 30 day of November, 1994, the Texas Transportation Commission passed Minute Order 104667, attached hereto and identified as Exhibit "C", authorizing the Project through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a METROPOLITAN HIGHWAY for the limited purpose of constructing the roadways; however any existing city roads within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. 10/24/95 Page 2 of 12 Type "J" C. The City will continue to provide maintenance for all city roads within the limits of the Project until the State's award of the construction contract. 3. ACQUISITION OF RIGHT-OF-WAY A. The City shall pay all costs and perform all necessary requirements to provide title in the name of the City to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The City shall provide all right-of-way free and clear of all improvements and/or encroachments. The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seg., including those provisions relating to incidental expenses incurred by the property owners in conveying the right-of-way to the City, and benefits applicable to the relocation of any displaced person as defined in 49 CFR, 24.2(g). Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The City shall secure and provide easements over any other land in addition to normal right- of-way as may be indicated on the approved right-of-way map. The City will be responsible for any additional right-of-way required for the completion of the Project. B. In the event the right-of-way is donated to the City after the federal authorization date for acquisition of right- of-way, the City will provide all documentation to the State regarding the value of the acquired property. The State will review the City's appraisal of the donated property to determine the fair market value. The fair market value of donated right-of-way will be credited towards the City's financial share towards the cost of the project. C. The state will not reimburse the City any funds in the event the right-of-way was purchased before execution of this agreement or the fair market value of the donated property exceeds the City's financial share towards the project. 4. RIGHT-OF-WAY DESCRIPTION The City shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the City is to acquire and 10/24/95 Page 3 of 12 Type "J" provide for the project. The right-of-way maps and property descriptions shall be submitted to the State for approval prior to the City acquiring the necessary right-of-way. Tracings of the maps shall be retained by the City for its permanent records. 5. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities and the proposed highway construction requires the adjustment, removal or relocation of such utility facilities, the City and its consultant will establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the City will be responsible for all costs associated with the additional utility work. 6. DETERMINATION OF RIGHT-OF-WAY VALUES The City agrees to make a determination of property values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Expenses incurred by the City in performing this work may be eligible for reimbursement after the City has received written authorization by the State to proceed with determination of right-of-way values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on the values which are determined by this review. 10/24/95 Page 4 of 12 Type "J" 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the City, and in each case so files the judgement of the court will decree to the City title to the property condemned. 8. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS Court costs of Special Commissioners' hearings assessed against the City in condemnation proceedings and fees incidental thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed fifty percent (50%) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. 9. REIMBURSEMENT Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed fifty percent (50%) of the cost of the right-of-way purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in accordance with the terms and provisions of this agreement. Reimbursement will be in the amount not to exceed fifty percent (50%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. In addition, reimbursement will be made to the City for necessary payments to appraisers, expenses incurred in order to assure good title to property acquired and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Reimbursement shall not exceed fifty percent (50%) of such documented costs. If condemnation is necessary and title is taken as set forth herein under the section entitled "condemnation", the participation by the State shall be based on the final judgement, conditioned upon the State having been notified as to all action taken therein. 10. CERTIFICATION The City shall provide to the State forty-five (45) days prior to the construction contract let date, a certification that all right-of-way has been acquired, all 10/24/95 Page 5 of 12 Type "J" environmental problems have been remediated, and all conflicting utilities have been adjusted to clear the proposed construction. 11. ENVIRONMENTAL MITIGATION A. The City will be responsible for the mitigation and remediation of any environmental problems associated with the development and construction of the Project. The City shall provide to the State written certification from the appropriate regulatory agency(s) that the environmental problems have been remedied. The State will not let the construction contracts until all environmental problems have been remediated by the City. B. All costs associated with the remediation of the environmental problems shall be the responsibility of the City and/or the property owners. These costs will not be reimbursed or credited towards the City's financial share of the Project. 12. ENGINEERING SERVICES A. The City will prepare or cause to be prepared the preliminary engineering necessary for the development of plans, specifications and estimates (P.S.& E). Development of the preliminary engineering shall include environmental assessment and holding of necessary public meetings and a public hearing. B. The P.S.& E. shall be developed by the City or its consultant in accordance with the State's latest Standard Specifications For Construction Of Hiqhwavs, Streets And Bridqes or its currently approved revisions. C. The City shall submit the completed P.S.& E. to the State for review and approval. Should the State determine that revisions are required to the P.S.& E., the City shall make the necessary revisions. The State will not let the construction contract until the P.S.& E. have been approved by the State. 13. PROJECT FUNDING A. The total costs for engineering, right-of-way, and construction of the Project is estimated at $500,000. B. The State will be responsible to secure the federal share of the funding required for the development and construction of the Project. The City will be responsible for any non-federal participation costs associated with the Project. 10/24/95 Page 6 of 12 Type "J" C. Upon execution of this agreement, the City will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,500. This amount is based on one percent (1%) of the estimated local share participation cost. The funds will be utilized by the State to review the engineering documentation and other incidental costs. D. Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the City that its financial share for the construction is required. The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. E. In the event the State determines that additional funding is required by the City at any time during the development of the Project, the State will notify the City in writing of the additional amount. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned. 14. INDIRECT COST RECOVERY PLAN Chapter 2106, Texas Government Code, requires the State to recover indirect costs based on a percentage of the State's actual direct costs to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding percentage provided herein. 15. CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the City and subject to the approval of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in 10/24/95 Page 7 of 12 Type "J" accordance with the approved P.S.& E. C. Upon completion of the Project, the State will issue to the City a "Notification of Completion", acknowledging that the Project has been completed. Upon the City's receipt of the "Notification of Completion", the roadway will be removed from the State Highway System and will revert under the jurisdiction of the City. 16. MAINTENANCE RESPONSIBILITIES Upon completion of the Project, the City will assume responsibility for maintenance of the completed facility. 17. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City shall remain the property of the City. All documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 18. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by both parties. 19. REMEDIES This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 10/24/95 Page 8 of 12 Type "J" 20. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. 21. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. 22. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 23. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the agreement. When required, the City shall furnish the State with satisfactory proof of the compliance therewith. 24. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State:Texas Department of Transportation 2501 Southwest Parkway P.O. Box 6868 Ft. Worth, TX 76115-0868 10/24/95 Page 9 of 12 Type "J" City: The City of North Richland Hills, Texas P.O. Box 820609 North Richland Hills, Texas 76182 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 25 . SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. 26. INSPECTION OF BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of completion of work defined under this contract or until impending litigation is resolved. Additionally, the State, FHWA and their duly authorized representatives shall have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 27. OMB AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-12B. 10/24/95 Page 10 of 12 Type "J" 28. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS The City shall adhere to the procurement standards established in Title 49 CFR Part 18.32 and the property management standards established in Title 49 CFR Part 18.36. 29. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B»; also Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations (41 CFR 60). 30. DISADVANTAGED BUSINESS, ENTERPRISE PROGRAM REQUIREMENTS The City shall comply with the "Disadvantaged Business Enterprise Program Requirements" established in 49 CFR Part 23, Subpart D. 31. DEBARMENT CERTIFICATIONS The City is prohibited from making any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 10/24/95 Page 11 of 12 Type "J" IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF NORTH RICHLAND HILLS, TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 and Administrative Circular 26-93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Robert Cuellar, P.E. Typed Name Deputv Executive Director of Transportation Planninq and Development Title Date 10/24/95 Page 12 of 12 Type "J" ~~>:¡~'(#~~I - ,:",p"Aõ; '"~:"~Ii~~::: f~);õ~~~~s:{ti~~f:!:W~(,Fii ::'1 J~' õ;:'§'~~..'·,ri1lJ ~'.-' :£~.i.'~~,~;~~I'~~.:t,"',·~,~t.;.·tt~'_:~:~:~.'~.1~~?l>!'.~.'~,;~T~ ~. ;ÞI'~ ~HMD'I',,¡o :~;~;"':~h%-~~\=S";~:~l<.'.' \.~. HF":::::g¡ ;;'8/' ",~~tj:~:,:)ù~.", ë':~,]~8%i:C~:' ; ~ ¿; ~~3. Y H CR ~ ,-.,:-¿, "UREL- is : ¡¡¡ , ,;.. ... .' . : .,..... . . "';1,' "'.' ~O. 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SEN.T BY: TXDOT ;12-12-94; 7:51 TXDOT- 817 370 6759:# 2 ~ - f' TEXAS TRANSPORTATION COMMISSION V ARlOUS County MINUTE ORDER Page --L- of -L- Pages L District V ARIOU~ WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the I~termodal Surface TraDsportation Efficiency Act (ISTEA) of 1991, requires each designated r.<tetropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation ImprovefIlent Program (TIP) as a condition to securing federal funds for transportation projects tinder either Title 23 or 49 of United States Code; and ~ WHEREAS, Seption 134(h) requires an MPO to develop its TIP in cooperation with the state and affected transi~ operators; to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation and other interested parties with a reasonable opporronity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and the Governor; and WHEREAS, S~on 135(f) requires the State to develop a Statewide Transportation lµlprovement Program (STIP) for all areas of the state in cooperation with those designated ¥POs; and further req~ires the dovernor to provide citizens, affected public agencies, r¢presentatives of transportation agency employees, other affected employee representatives, private providers of tr~portation and other interested parties with a reasonable opportunity to c'omment on the propoied STIP; and WHEREAS, Sections 134(h) and 135(t) specify the respective requirements and eligibility c.riteria for projects to be included in the respective TIPs; and WHEREAS, by letter dated September 9, 1992, addressed to federal transportation officials, the Honorabl~ Ann W. Richards, Governor of Texas, has delegated to the Texas îransportation CommiSsion (the commission) those powers and responsibilities granted to her by ISTEA, save and except the Recreational Trails programs; and WHEREAS, th~ FY 1995-1997 Sl1P, which was approved by commission Minute Order 104371, on September 29, 1994, included the FY 1994-1996 TIPs for the Dallas-Fort Worth, and Houston MPOs; and WHEREAS, the MPOs in the non-attainment areas of Dallas-Fort Worth and Houston desire to replace their FY 1994-1996 TIPs in the FY 1995-199.7 STIP with new FY 1995-1997 TIPs as shown in Exhibit .. A "; and ' WHEREAS, the MPOs have presented these new TIPs for public comments; and WHEREAS, the final rule on transportation conformity requires the TIP in a non- ~ttainment area to show a reduction in the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx); and WHEREAS, the Houston TIP met the air quality transportation conformity requirements as promulgated by the federal final rule on transportation conformity; and EXHIBIT "C" - .' TEXAS TRANSPORT AnON COMMISSION VARIOUS County MINUTE ORDER Page --L of -L. Pages District VARIOUS WHEREAS, the Dallas-Fort Worth conformity analysis met the VOC test and not the NOx test; and WHEREAS, the Dallas-Fort Worth MPO has adopted its FY 1995-1997 TIP subject to receiving a NOx waiver from the federal Environmental Protection Agency ~PA); and WHEREAS, the commission, at its meeting on October 27, 1994, reviewed the drafts of the TIPs for the non-attainment areas of Dallas-Fort Worth and Houston and by commission Minute Order 104500 directed the executive director to conduct or have conducted a public hearing on these TIPs and to report public comments together with the department's recommendations or responses for final action by the commission at the earliest date consistent with applicable policies and procedures; and WHEREAS, widespread notice was made available for review and comment at each of the department's twenty-five (25) district offices, and at the department's headquarters in Austin, to provide input from citizens, affected public agencies, representatives of transportation agencies employees, other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 and 135 of the United States Code; and WHEREAS, a public hearing on these TIPs was held at the department's offices at 200 East Riverside Drive in Austin, Texas, on November 18, 1994; and WHEREAS; oral and written comments reçeived due to this hearing process were analyzed and the department's responses and recommendations were submitted to the commission for consideration as reflected in Exhibit "8"; and WHEREAS, the commission finds that the requisites of Section 134 have been satisfied as they pertain to the MPOs' TIPs subject to receiving a NOx waiver from the EPA in the Dallas-Fort Worth area; NOW, THEREFORE, PURSUANT TO THE AUTHORITY DELEGATED TO THIS COMMISSION BY THE GOVERNOR OF TEXAS, IT IS ORDERED THAT the Houston FY 1995-1997 TIP is hereby approved; and IT IS FURTHER ORDEREQ that the Dallas-Fort Worth FY 1995-1997 TIP is approved subject to receiving an EP A NOx waiver; and EXI-IIBIT "C" SE~T BY:TXDOT - '..0 V ARlOUS District V ARlO US ;12-12-94 7:52 TXDOT- 817 370 6759;:: 3 TEXAS TRANSPORT AnON COMMISSION County MINUTE ORDER Page Ì- of Ì- Pages IT IS FURTHER ORDERED that the FY 1995-1997 STIP is hereby amended by taking appropriate actions on projects as shown in Exhibit "A." oni ng and ~~ Deputy Executive Director for Transportation Planning and Development Minute Number 104b6:? Date Passed HOV 3 0 ~4 . EX:rIIBIT "C" PAGE NO. 2 TRANSPORTATION IMPROVEMENT PROGRAM FORT \lORrH DALLAS-FORT \lORTH MPO F Y 1997 ú':' i0êEr< c. . --------------------------------------------------------------------------------------------------------------------------- DISTRICT N~E OR DESIGNATION PROJ. 10 FED PROG FEDERAL COMMENTS COUNTY LOCATION (FROM) F. CLASS ST. CAT. STATE LOCATION (TO) LANES PHASE LOCAL CSJ DESCRIPTION OF \lORK LENGTH MPO TOTAL -----------+------------------------------------------------------------+-----------+--------+-----------+---------------- FORT IIORTH CS TARRANT REGIONAL CORRIDOR MANAGEMENT SYSTEM COG II t,339 7 o 9902-48-930 INCIDENT DETECTION-RESPONSE PROGRAM -----------+------------------------------------------------ FORT \/ORTH FM 3029 TARRANT THOUSAND OAK DR SH 26 IN HURST ON PRECINCT LINE RD 3125-01-010 IIIDEN FROM 5 TO 7 LANES 0.001 ------------+-----------+--------+-----------+---------------- COG II 1648 t, 5 0.900 STP-MM t,C T 1106 STP-MM 4C C,E 1106 S4OO,000 01/97 100,000 o S5oo,000 S1,126,4OO 11/96 281,600 352,000 S1,76O,000 ---.------------------------------------------------------------+-----------+--------+-----------~-------------- FORT IIORTH I1H TARRANT ON DEBBIE LANE FROM BUSINESS US 287-P US 287 IN KANSFIELD 8352-02-001 RECONSTRUCT EXISTING TIIO LANES TO A DIVIDED FOUR LANE nDOT 4 2 1.100 STP-UM 4D C,E,R 1106 S1,164,02811/95 291 ,007 461,000 S1,916,035 --. ----------------------------------------------------+-----------+--------+-----------.---------------- FORT \/ORTH FI1 2280 JOHNSON US 67 FI1 917 IN SECTIONS 2465-cn-0Q9 IIIDEN EXISTING TIIO LANES TO INCLUDE PAVED SHOULDERS TXDOT 5 2 t,.852 STP-R 4F C,E 1106 S2,128,080 11/95 532,020 o S2,66O,100 -----------+------------------------------------------------------------+-----------.--------+-----------+---------------- E FORT IIORTH FI1 1187 TARRANT AT MKT RR EAST OF CROIILEY nDOT 3 o 1330-01-029 RAILROAD GRADE SEPARATION & APPROACHES 0.001 - I ----------------------------------------------------+-----------+--------+-----------.---------------- FORT IIORTH BS 114L TARRANT SH 114 TO SH 26 IN GRAPEVINE COG II 4164 3 I. 0353-07-903 CORRIDOR IMPROVEMENTS 1.900 - I ----------------------------------------------------+-----------+--------+-----------+---------------- r- STP-RX 4G C,E,R 1106 CMAC 5 C,E,R 1106 S2,317,44O 08/97 579,360 o S2,896,800 S2,849,353 11/96 736,902 1,326,423 S4,912,677 FORT \/ORTH CS TARRANT FORT IIORTH TRANSIT AUTHORITY COG 112674A 4 o CMAC S6,56O,000 01/97 5 0 T 1,640,000 0.001 1106 $8,200,000 ----------+-----------+--------+--- , FORT \/ORTH CS COG II '31' CMAC S129,6OO 11/96 TARRANT PIPELINE RD / MELBOURNE RD IN HURST t, 5 0 t, C,E,R 110,400 9902-48-9" INTERSECTION IMPROVE"ENTS 0.001 1106 S24O,000 , - -------------------------------+-----------+--------+-----------+---------------- FORT \/ORTH CS COG II 4172 CMAC $250,000 11/96 TARRANT RUFE SHOll á) GLENVIEII DR IN NORTH 4 5 0 ..... RICHLAHD HILLS 4 C,E,R 250,000 '" 9902-48-946 INTERSECTION II1PROVE"ENTS 0.001 1106 S5oo,000 I - -----------------------------+------------+---------+- I . 0902-48-982 REPLACE 79 BUSES ---+- ----------------------------------------- FORT \/ORTH CS COG II 4013 CMAC TARRANT FIELDER RD/NORllOOD LN IN ARLINGTON 4 5 . 4 C,E,R 9902-48-950 INTERSECTION II1PROVEMENTS 0.001 1106 I - -- +---- -- FORT \/ORTH CS COG /I 4173 C"AC TARRANT RUFE SNO\I FROfI KAREN DR TO IH 820 IN 4 5 NORTH RICHLAHD HILLS 4 C,E,R 9902-48-951 INTERSECTION I"PROVE"ENTS 0.001 1106 I - - -.-.------1 fORT ,,)R'" I OS COG II 4015 C"AQ T~RRANT ~ARK ROIl OR ø NORllOOD UI IN ARLINGTON 4 5 I, C,E,R 9902-48-951, INTERSECTION I"PROVE"ENTS 0.001 1106 I FORT \/ORTH CS COG /I 4012 CMQ TARRANT OAK\IOOD ÛI TO RANDOL MILL PARK ON RANDOL 4 5 "ILL RD IN ARLINGTON 4 C,E,R 9902-48-955 CORRIDOR II1PROVEI1ENTS 0.001 1106 $120,750 10/97 o 51,,250 $175,000 . S268,500 11/96 o 268,500 $537,000 I $120,750 10/97 o 51,,250 $175,000 I $355,500 07/"17 o 91,,500 $450,000 --------------------------------------------------------------------------------------------------------------------------- PHASE: E=ENGINEERING, C=CONSTRUCTION, R=ROII, T=TRANSFER EXHIBIT "C" CITY OF NORTH RICHLAND HILLS '--- Department: Public Works Council Meeting Date: Approve Reimbursement to the City of Hurst for ReloC'.ation of Trinity Rivp-r AIJthority'~ ?4-inch Water Agenda Number: Transmission Main at Precinct Line Road 11/13/95 PAY 95-21 Subject: With the widening and improvement of Precinct Line Road by the Texas Department of Transportation (TxDOT), numerous utilities had to be relocated. This included TU Electric, Southwestern Bell Telephone, Lone Star Gas, City of North Richland Hills water and sewer lines, City of Hurst water and sewer lines, and Trinity River Authority's (TRA) 24-inch water transmission main. The utilities which were located in the existing Precinct Line Road right-of- way (ROW) without a preexisting easement agreement are required to relocate at their own expense, The utilities which are located in a specific easement outside the old ROW but inside the new ROW are to be reimbursed for their relocation costs. Per TxDOT agreements with North Richland Hills, Hurst, and Colleyville, the cities are required to pay these relocation reimbursement costs to all other utilities. Each is to pay for that portion in their city limits. The City of Hurst is required by their agreement with TxDOT to pay TRA the $16,789,94 as requested in Exhibit" A" attached, even though they do not receive regular water service from TRA's 24-inch transmission main. The purpose of the main is to serve North Richland Hills potable water at system pressure. Because of this, the City of Hurst is requesting by letter (Exhibit liB") that North Richland Hills pay the $16,789.94 to TRA in the City of Hurst's behalf, My response to this request is included as Exhibit "C". ',-- Funding Source: The $16,790 could be appropriated from Unspecified Utility CIP Funds. Recommendation: It is recommended Council approve reimbursement of $16,790 to the City of Hurst for TRA's 24- inch water transmission main relocation work on Precinct Line Road at the Glade Road intersection, Finance Review Finance Director e CnYCOUNC~ACnON"EM Page 1 of ," . ,i~{i'--T rinity River Authority of Texas . 1m Northern Region Office 7002.105 September 26, 1995 :-:~" :'7:.:"'::: '":.,: '-;~' ,":' ~:; .~. . "-' -_... .-..--...--...... '- SEP 2 8 ¡~:s.s Mr. Ron Haynes, P.E. Director of Public Works City of Hurst 1505 Precinct Line Road Hurst, Texas 76054 ------------. -_. _... Dear Mr. Haynes: Subject: Tarrant County Water Supply Project Transfer Storage to Colleyville and North Richland Hills Precinct Line Road The relocation of the Authority's 24-inch water main located in Precinct Line Road is complete. Costs for the relocation totaled S97,672.72. In accordance with Resolution 1051, the city of Hurst is to reimburse the Authority for that portion of the project within the city's corporate limits. The Texas Department of Transportation has determined that 17,19% of the project cost should be eligible for reimbursement. We respectfully request reimbursement in the amount of $16,789.94. Enclosed is documentation which supports the requested amount. Your consideration of this matter is appreciated and should you h~ve any questions, please advise. " ,', Sincerely, 0~'<"i"'lJ\ ~ L: '- SUZAN C. TAYLOR Engi~ ering Services Coordinator ,-;;------. ¡dab xc: Wayne K. Hunter, P.E., Assistant Regional Manager Frank S. Garcia, Jr., Chief Accountant Mike Hansen, Texas Department of Transportation EXHI B)T HA II' PO Box 240 Arlington. Texas 76004·02JO (817)467.4223 ~. , ~ Recycler: Paper .. - - ~'...; , cïtLl Dr '''' - (_. büÌst 'I ,\T·rí~\ ·7~ ,- -. ,- , . I !"\ \ ,;:1 . ,...:.. ¡: -. I' 'U f '-.-;' '...' , , ~~L~CT ~OI9~~-J.~ ---..... October 6, 1995 Mr. Greg Dickens,P.E. City of N. Richland Hills 7301 NE Loop 820 N. Richland Hills, Tx 76180 . i ------- RE: TRA Water Main - Precinct Line Rd. Dear Greg: The City of Hurst has received a request from the Trinity River Authority to be reimbursed $16,789,94. It is our u.nderstanding the cost is for 'lie relocation of TRA's 24-inch water transmission main that serves N. Richland Hills. The relocation work occurred within the Precinct Line Rd. right of way. ' I respectfully request that N. Richland Hills and the Trinity River Authority reach an agreement to pay the $16,789,94 of relocating the line. As you are aware, the City of Hurst is not a water customer of the TRA and our city does not utilize the transmission main in any manner. The only purpose of charging the City of Hurst appears to be that the relocated main was in a part of the right of way that is in the City of Hurst. The City receives no benefit from the TRA water main. In addition, we did not fund the relocation of another utility's main for the Precinct Line Road improvement project and we have no funding for the relocation. Your consideration of this matter is greatly appreciated. If you have any questions, feel free to contact me. ¿.~~ Ron Haynes, P,E, Dir. of Public Works c: Suzan C. Taylor Trinity River Authority P. O. Box 240 Arlington, TX 76004-0240 E=-'j.HIB/T II J::; IJ 8171788-7000 Metro 498·2700 Fax 817/788-7024 1505 Precinct Line Road Hurst, Texas 76054 PL.:UI¡C INorKS W ~'7d!!;;;? (V ,i II l0 ~ll ~_... .. ~ -.- . éITY OF N®RTB RICH_L~NJ) HILLS October 16, 1995 City of Hurst 1505 Precinct Line Road Hurst, Texas 76054 817/788-7000 Attention: Mr. Ron Haynes, P,E., Public Works Director RE: PRECINCT LINE ROAD; Trinity River Authority (TRA) Water Main Rslocation Ron: I understand your frustrations in this matter. The City of North Richland Hills will have to reimburse Lone Star Gas Transmission for relocation of a portion of their main that parallels Precinct Line Road. I do not feel the City .c;;'lould have to be responsible for these costs when the roadway and its right-of-way will be ~:le State of Texas property (FM 3029). But the City has entered into an agreement with t:,13 Texas Department of Transportation which includes a certain amount of reimbursement to utility companies who must relocate for this project. I do not have the authority to decide that you not be required to compensate TRA. I believe this matter is one that will have to be resolved by the City Managers and/or Councils. If you want to discuss this further, please call. Respectfully, GWD/smm/pwI95242 &'11-1/ bIT lie 11 cc: Mr. C.A. Sanford, City Manager Mr. Randy Shiflet, Assistant City Manager Ms. Suzan Taylor, Trinity River Authority .... P.O. Box 820609 - North Richland Hills, Texas. 76182-0609 7301 Northeast Loop 820 -817·581·5521 - FAX 817-656-7503