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HomeMy WebLinkAboutCC 1993-06-14 Agendas I I. I I I I I I I Ie I I I I I I I .; I I CITY OF NOIITH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 14, 1993 - 6:00 P.M. For the Meeting conducted at the North~Iand HiIJs City Hall Council: Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACI10N TAKEN 1. IR 93-75 Sidewalk and Driveway Repair (3 Minutes) 2. IR 93-80 Revisions to Proposed City Logo (10 Minutes) 3. IR 93-71 Employee Recognition (2 Minutes) 4. PS 93-04 Request of Volkman, Inc. for Replat of Lots 19-R- 3 and 19-R-4, Block 33, Holiday West Addition (Agenda Item No.8) (5 Minutes) 5. PS 93-07 Request of John NaIl for Replat of Lots 14, 16-R, and 17-R, Block E, Smithfield Addition (Agenda Item No.9) (5 Minutes) 6. PS 93-13 Request.of Resolution Trust Corporation'for Replat of Tract lR, Richland Terrace Addit~øn (Agenda Item No. 10) (5 Minutes) 7. GN 93-79 Certification to Regulate Cable Services Rates - Resolution No. 93-26 (Agenda Item No. 11) and Cable System Channel Changes - Resolution No. GN 93-80 93-27 (Agenda Item No. 12) (10 Minutes) 8. GN 93-82 Ordinance Amending TV Electric's Franchise, Extension of Term, Gross Receipts and Establishing a Special Rate Making Fund - Ordinance No. 1893 and Ordinance No. 1894 (Agenda Item No. 14) (5 Minutes) I I. I I I I I I I Ie I I I I I I I Ie I Page 2 I NUMBER I ITEM I ACTION TAKEN I 9. PU 93-42 Reject Bid on 1993 Van for Utility Billing (Agenda Item No. 19) and PU 93-43 Purchase of Van for Telemetric Meter Reading Equipment (Agenda Item No. 20) (5 Minutes) 10. PU 93-44 Reassignment of Bid for Network Software (Agenda Item No. 21) (5 Minutes) 11. PW 93-22 Approve Change Order No. 1R for the Municipal Complex Drainage Channel & Tecnol Blvd. Paving Improvements (Agenda Item No. 24) (5 Minutes) 12. PW 93-23 Agreement with DART for Walker's Branch Channel Impro~ements Adjacent to Stonybrooke South Addition (1~CC-621.84) - Resolution No. 93- 25 (Agenda Item No. 25) (5 Minutes) 13. PW 93-24 Award of Bid on Rufe Snow Drive Synchronized Signal System Extension; May 1993 (Agenda Item No. 26) (5 Minutes) 14. Other Items 15. *Executive Session (10 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 116. 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. I I I· I I I I I I Ie I I I I I I I I· I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 14, 1993 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. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting May 24, 1993 5. Presentations by Boards & Commissions None 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (11, 12, 13, 14, 15, 16, 17, 18, 19, 20,21,22,23,24,25,26,27 &28) 8. PS 93-04 Request of V olkman Inc. for Replat of Lots 19-R-3 and 19-R-4, Block 33, Holiday West Addition (Located on the south side of Buenos Aires Drive at the intersection of Westchase Drive) 9. PS 93-07 Request of John NaIl for RepIat of Lots 14, 16-R, and 17-R, Block E, Smithfield Addition (Located at 6504 Smithfield Road) I I. I I I I I I I Ie I I I I I I I ~ Page 2 ! NUMBER I ITEM I ACTION TAKEN I 10. PS 93-13 Request of Resolution Trust Corporation for Replat of Tract 1R, Richland Terrace Addition (Located at the southwest corner of Edison Drive and Northeast Loop 820) *11. GN 93-79 Certification to Regulate Cable Services Rates - Resolution No. 93-26 * 12. GN 93-80 Cable System Channel Changes - Resolution No. 93-27 * 13. GN 93-81 Approve "No Parking" Zone in the 7300- 7400 Blocks of Davis Boulevard (FM 1938) - Ordinance No. 1892 * 14. GN 93-82 Ordinance Amending TV Electric's Franchise, Extension of Term, Gross Receipts and Establishing a Special Rate Making Fund - Ordinance No. 1893 and Ordinance No. 1894 *15. PU 93-38 Award Bid for Asphalt Lay-Down Box * 16. PU 93-39 Payment to the City of Hurst for Pro- Rata Share of Cost for Services of a Consultant on the One-Half Cent Sales Tax (Recreation) Legislation - Resolution No. 93-28 * 17. PU 93-40 Award Bid for Microfiche Reader /Printer for Library * 18. PU 93-41 Award Bid for HV AC Units for the Police Department * 19. PU 93-42 Reject Bid for on 1993 Van for Utility Billing I IC I. I I I I I I I Ie I I I I I I I f I Page 3 ! NUMBER I ITEM I ACTION TAKEN I *20. PU 93-43 Purchase of Van for Telemetric Meter Reading Equipment *21. PU 93-44 Reassignment of Bid for Network Software *22. PW 93-20 Approve Change Order No.1 for Hightower Box Culvert Improvements @ Calloway Branch *23. PW 93-21 Approve Change Order No.3 for Bursey Road Paving and Drainage Improvements *24 PW 93-22 Approve Change Order No. lR for the Municipal Complex Drainage Channel & Tecnol Blvd. Paving Improvements *25. PW 93-23 Agreement with DART for Walker's Branch Channel Improvements adjacent to Stonybrooke South Addition (TCC- 621.84) - Resolution No. 93-25 *26. PW 93-24 Award of Bid on Rufe Snow Drive Synchronized Signal System Extension; May 1993 *27. PA Y 93-12 Request for Ratification of $5,600 Expenditure to Repair Damaged Traffic Signal Control Box *28. PAY 93-13 Final Payment to Aware House and Structural Movers - $6,800.00 29. Citizens Presentation I' ,; Page 4 I. ! NUMBER ! ITEM I ACTION TAKEN I I 30. Adjournment I I I I I POSTED I (ß - I ! - 93 Date f¿1/) ~ II ' It-' t:(,//ì Ttme City Secretary I /7~ ay( .-'. . . - . I I I I I I ~ - I I. I I I I I I I -- I I I I I I I (t - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 93-85 '\;1~ Ie ::::::::=- ~r Date: June 11, 1993 Subject: PS 93-04 Request of John Volkman for Replat of Lots 19-R-3 and 19-R-4, Block 33, Holiday West Addition. This property is located on the south side of Buenos Aires Drive, at the intersection of Westchase Drive. The Planning and Zoning Commission considered this Replat at their meeting on June 10, 1993 and has recommended approval of the Replat as presented. There were no citizen comments at the Planning and Zoning Commission meeting regarding this Replat. Respectfully submitted, <-;) 1< Q~ ~ (~~ Barry LeBaron, Director of Planning and Inspection Services _ ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I I I· I I I I I I Ie I I II i I I I I I· I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 93-84 ~~ ...c::::::::= :x :::::::> ~ Date: June 11, 1993 Subject: PS 93-13 Request of Resolution Trust Corporation for Replat of Tract IR, Richland Terrace Addition. This property is located at the southeast comer of Edison Drive and NE Loop 820. The Planning and Zoning Commission considered this Replat at their meeting on June 10, 1993 and has recommended approval of the Replat as presented. There were no citizen comments at the Planning and Zoning Commission meeting regarding this Replat. Respectfully submitted, ~~hB~ Barry LeBaron, Director of Planning and Inspection Services - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS. ~ I Ie I I I I I I I I~ I I I I I I Ie I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 93-76 o. Date: Monday, June 7, 1993 Subject: Changes in Sammons Cable Rates Sammons Communications, Inc. has notified us of immediate changes to their monthly rates for regulated services (see attached). While Sammons' Lifeline rate (basic service tier) will increase from $7.95 to $10.74 per month, their Tier (expanded service) rate will decrease from $12.00 to $8.42 per month. And the average monthly rate for regulated services will also slightly decrease (from $19.95 to $19.16). Sammons will also begin to implement the FCC's Cost of SeIVice Standards for selected cable equipment. As a result of these actions, some cable subscribers will pay lower seIVice fees; however, other subscribers will see their rates increase. All of these actions are consistent with the new Cable Act and related FCC rules. In fact, two attorneys presenting a recent Texas Municipal League seminar on the rules predicted that cable operators would make such changes during this period of frozen average rates. ould be pIe sed to discuss Sammons' actions in greater detail at your convenience. ~ Marty Wie er Director of Economic Development ISSUED BY THE CITY MANAGER NORTH RICH LAND HilLS, TEXAS I I_ I I I I I I I Ie I I I I I I I Ie I I +..~..~..~..~++ ~..~..~+~ ~+~ SAMMONS COMMUNICATIONS, INC. June 2, 1993 Rodger Line, City Manager City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76180 Dear Mr. Line: Using the FCC formulas, we have determined that the monthly benchmark charge for your cable system is $23.00. When adjusted to comply with the FCC prescribed rate structure, our monthly rate for regulated services will be $19.16. ()ur Lifeline rate (i.e. FCC basic service tier) will be adjusted to $10.74 per month and our Tier rate (i.e. FCC~ cable programming service) will be adjusted to $8.42. Also, we will be adjusting our equipment charges to conform to FCC Cost of Service Standards for cable equipment. We want you to know that our rate will be at or below the benchmark established by the FCC after all these changes are made. Further, the average monthly subscriber bill will not increase from the average as of April 5, 1993, the date the FCC imposed a 120-day freeze on rates. However.. during this freeze period the FCC allows us to redistribute charges for programming services and equipment. Because of this redistribution of charges, some of our subscribers will notice a decrease in their bill, while others will notice an increase. Customers who rent remotes and/or pay for more than one outlet will see significant reductions. This change in billing will allow more of our customers to afford remotes and converters. We will be charging on an account (per subscriber) basis for regulated programming services rather than on a television set basis, which means we will completely eliminate the additional outlet charge. If our customers decide to install their own outlets to save installation charges, they must conform to certain technical specifications required by the FCC. These specifications are available at our office, and in the near future will be supplied to each and every customer. On May 14, the FCC suspended the 3D-day notification rule by saying, "We do not believe that operators could, as a practical matter, react to the new regulatory scheme and fully implement responsive rate adjustments 'rvithin such a constricted time frame, although we encourage operators to notify subscribers and the proper authorities of these implementing rate adjustments as soon as possible. We will therefore preempt any local franchise agreement or other state or local law or regulation to the extent that it requires an operator to give notice prior to June 21 of any rate change intended to comply with our rate regulations." We intend to notify our customers of these changes through announcements in the local newspaper. Our programming service rates fall under the FCC benchmark because our rates for programming services and equipment have always been about $4.00 a month less than the national average. S incerel y , J ~-----------.- . .....( -c'c Mark S. Weber Pres ident 3010 LBJ Freeway, Suite 800 · Dalias. Texas 75234 · 214 484-8888 · 214 919-5ï99 (FAX) I I. I I I I I I I Ie I I I I I I I ~ I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 93-78 Date: June 3, 1993 Subject: WATER & SANITARY SEWER SERVICE CONNECTION FEES The method for determining water and sanitary sewer service connection fees is covered in Ordinance No. 381 under Section IV. The ordinance calls for the service connection fees to be set based on actual cost. The City cannot charge each individual service connection its own itemized invoice based on the actual personnel time, equipment used, etc. This would cause additional paperwork and unsatisfied customers who would complain that the charge was $1 50.00 one time and $200.00 the next. In the past, there has been an estimated cost for man hours, equipment time, and materials used on each type service connection. This allows us to set a rate for a particular size service. Each service connection fee stays the same until future analysis shows a need for another change. Our most recent service connection fees included the cost for a standard meter and meter box. They did not include the cost for the telemetric metering system we are now installing on all new services. We reevaluated our service connection charges with this in mind and revised them accordingly. The new charges as outlined on the attached table went in effect June 1, 1993. Respectfully submitted, GWD:rib lSSUED BY THE CITY MANAGER NORTH "'CHLAND HI~LS, TEXAS I I. I I I I I I I Ie I I I I I I I f' I ~ CITY OF NORTH RICHlAND HillS, TEXAS Comparison of Water and Sanitary Sewer Service Connection Fees June 3, 1 993 Water Old ~ DeveloDed UndeveloDed 5/8 "x3/4" $ 1 50.00 $ 350.00 1 " 200.00 415.00 2" 400.00 815.00 3" 1 ,200.00 * 4" 1 ,625.00 * Sewer DeveloDed $ 300.00 350.00 550.00 1 ,350.00 1,775.00 ~ Old & New UndeveloDed $ 305.00 4" DeveloDed $ 50.00 50.00 50.00 * * · Installed by Utility Contractor for Developer. 6" 8" New UndeveloDed $ 500.00 565.00 965.00 * * I I. I I I I I I I I~ I I I I I I Ie I I INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 93-82 ~ Date: y-~) r<\ June 9, 1993 Subject: Annual City Auction The annual City auction originally scheduled for the first week of June will be conducted on Friday, June 18, 1993. This will be a multi-city auction starting around 9:00 a.m. Friday morning. The auction was rescheduled to coincide with the Adventure World Expo being held on Saturday, June 19, 1993. Wal-Mart stores, Inc. has given the City the use of the old Wal-Mart building for both events. Respectf~sUbmitted, -!Ç¿;yll /~ Thomas Powell ~ ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS I I. I I I I I I I Ie I I I I I I I ~ I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. _. IR 93-75__ Date: June 14, 1993 Subject: SIDEWALK AND DRIVEWAY REPAIR Staff felt the general consensus of the last Pre Council Meeting when you discussed this issue was for the adjacent property owner to pay for any repairs needed. Attached is an ordinance which should achieve this without any penalty other than a lien being affixed to the property to reimburse the City for the repairs. If this ordinance meets with your approval, we can bring i~ back to the next Council Meeting for your formal action. Respectfully submitted, ISSUED BY THE CITY MANAGER NORTH ~'CHlANO HtL.LS" TEXAS 1# ' I ~ I I I I I I ~ I I I I I I I ~ I ORDINANCE NO. AN ORDINANCE DEFINING RESPONSIBILITY TO CONSTRUCT, RECONSTRUCT OR REPAIR DEFECTIVE SIDEWALKS, DRIVEWAYS, AND PARKWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Any sidewalk, parkway, or driveway which has become defective, unsafe or hazardous is declared to be a nuisance. It shall be the duty of the abutting property owner to construct, reconstruct or repair any such defect within 30 days after receiving notice from the Director of Public Works of the existence of defect. 2. If the abutting property owner fails to timely repair such defect, the Director of Public Works shall be entitled to construct, reconstruct or repair the said sidewalk, parkway or driveway and to charge the abutting property owner for the actual costs of the said work done. The said Director shall give the abutting property owner an itemized statement of charges in writing which shall be due in 30 days from receipt thereof. If the said charges are not timely paid, the Director of Public Works shall be entitled to file an affidavit of charges and affix a lien on the abutting premises by filing same with the County Clerk of Tarrant County. Such charges shall draw interest at the rate of 8% from due date until paid. PASSED AND APPROVED this day of June, 1993. APPROVED: Mayor ATTEST: City Secretary I Ie I I I I I I I Ie I I I I I I I. I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 93-80 o. Date: Subject: Wednesday, June 9, 1993 Revisions to Proposed City Logo Graphic artist Gene O'Rourke has produced three new versions of the proposed City logo--each including an updated version of the North Richland Hills compass star--for your consideration. I look fo ard t discussing these designs with you Monday evening. ~ Marty Wi er Director of Economic Development ISSUED BY THE CITY MANAGER NORTH RICH LAND HillS, TEXAS I Ie I I I I I I I I I I I I I I I I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. Date: May 25,1993 Subject: Employee Recognition On June 15, we will have our first semi-annual luncheon to recognize employees with 5, 10, IS, 20 or 25 year anniversaries. Employees with anniversary dates in the first six months of the year will be honored at that time. Your attendance at this luncheon will be appreciated. It will be held at our recreation center on the second floor at 11:30 a.m. Thanks for your participation. Respectfully submitted, IÎ/ p--, ! {it(. {JZ~ lJV ,,~ C.A. Sanford CAS/gp ISSUED BY THE CITY MANAGER , I ,. i I/:~' ' NORTH RICHlAND HillS, TEXAS I I. I I I I I I I Ie I I I I I I I Ie I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 24, 1993 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order May 24, 1993 at 7:30 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Mark Wood Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman Staff: C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Deputy City Manager Assistant City Manager City Secretary Attorney Absent: Rodger N. Line Greg Dickens City Manager City Engineer 2. INVOCATION Councilman Oujesky gave the invocation. 3. PLEDGE OF ALLEGIANCE 5. MINUTES OF THE REGULAR MEETING MAY 10,1993 APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tern Welch, to approve the minutes of the May 10, 1993 meeting. I I. I I I I I I I I. I I I I I I I '. I I May 24, 1993 Page 2 Motion carried 7-0. 6. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES B. PARK AND RECREATION MINUTES No action necessary. 7. PRESENTATION OF "YARD OF THE MONTH" AWARD FOR MAY Mayor Brown and Patsy Tucker, Beautification Committee Member, presented the "Yard of the Month" awards for May to: Midge & Jim Seavers, 6625 Briley Robert & Inge Gossett, 7132 Meadow Park North Lee & Marilyn Miller, 5124 Holiday Lane Mrs. Mattie Needs, 6700 Bartay Randy & Sandy Sullivan, 7700 Ridgeway Court Terry & Betty Walker, 7016 Stonybrook Wayne & Cindy Hayes, 6617 Meadow Ridge Court. 8. PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD FOR MAY Mayor Brown and Patsy Tucker, Beautification Committee Member, presented the May "Landscape of the Month" to Quinten's Crossing Apartments. 9. PRESENTATION OF PROCLAMATION - NATIONAL EMERGENCY MEDICAL WEEK Mayor Brown presented to Mike Duncan a proclamation for "National Emergency Medical Week". 10. IR 93-65 PRESENTATION OF "YOUNG PROFESSIONAL" AWARD Ms. Kathy Anderson presented to Jim Browne the "Young Professional" award. I I. I I I I I I I Ie I I I I I I I Ie I May 24, 1993 Page 3 11. IR 93-66 PRESENTATION OF "URBAN FORESTRY AWARD" Mr. Tim Hightshoe was presented the "Urban Forestry Award". Ms. Monica Walsh presented to the Council the HCA Corporate Challenge Trophy. 12. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Items No. 20 and 36 and Councilwoman Spurlock removed Item No. 30 from the Consent Agenda. 13. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (17, 19, 21, 22, 23, 25, 27, 28, 29, 34, & 35) APPROVED Councilman Oujesky moved, seconded by Mayor Pro Tem Welch, to approve the Consent Agenda. Motion carried 7-0. 14. PZ 93-06 PLANNING & ZONING - PUBLIC HEARING- REQUEST OF DIANE COOPER TO REZONE TRACT 5, SMITH ADDITION, FROM R-l SINGLE FAMILY RESIDENTIAL TO R-l-S SPECIAL SINGLE FAMILY - ORDINANCE NO. 1889 (LOCATED AT 7117 DOUGLAS LANE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Ms. Diane Cooper, 7117 Douglas, applicant, explained she was requesting the rezoning so she could have horses on the property. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 4 Councilman Garvin moved, seconded by Councilwoman Johnson, to approve Ordinance No. 1889. Motion carried 7-0. 15. PZ 93-07 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF ART WEST FOR A SPECIAL USE PERMIT TO OPERATE A USED VEHICLE SALES LOT ON LOT lR, BLOCK 1, HELFMAN ADDITION - ORDINANCE NO. 1890 (LOCATED AT 7820 NORTHEAST LOOP 820) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mr. Art West, applicant, appeared before the Council and spoke in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Garvin, to approve Ordinance No. 1890. Motion carried 7-0. 16. PS 92-39 PUBLIC HEARING TO CONSIDER THE REQUEST OF WILLIAM AND LISA PEARCE FOR A REPLAT OF LOT R17A-l, BLOCK 34, HOLIDAY WEST ADDITION (LOCATED AT 5721 WESTCHASE DRIVE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mr. Barry LeBaron, Director of Planning, explained that the applicants could not be present tonight. Mr. LeBaron explained the reason for the request to the Council. Mayor Brown called for anyone wishing to speak in opposition to come forward. I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 5 There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Wood moved, seconded by Councilman Garvin, to approve Ordinance No. 1890. Motion carried 7-0. *17. PS 93-08 REQUEST OF HERMAN SMITH TO CONSIDER AN AMENDED PLAT OF THE REPLAT OF LOTS 4-7, 12-18, RICHLAND OAKS FIRST FILING PART OF LOT 1, BLOCK C, PART OF LOTS 3, 5 AND 6, BLOCK A, OF RICHLAND OAKS ADDITION (LOCATED NEAR THE INTERSECTION OF AIRPORT FREEWAY AND BEDFORD-EULESS ROAD) APPROVED 18. PS 93-12 PUBLIC HEARING TO CONSIDER THE REQUEST OF TEXAS NATIONAL BANK FOR REPLAT OF LOTS 19 AND 20, BLOCK 7, EDEN ADDITION (LOCATED AT 8986-88 BRADLEY DRIVE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. Ronnie Morgan, Vice President of Texas National Bank, explained why the replat was needed. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Wood moved, seconded by Councilwoman Johnson, to approve PS 93-12. Motion carried 7-0. *19. GN 93-68 LIBRARY DIVISION REORGANIZATION APPROVED I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 6 ~~. GN 93-69 AMENDMENT TO ORDINANCE NO. 1866 - NAMING PUBLIC BUILDINGS, PARKS, STREETS, OR OTHER FACILITIES- ORDINANCE NO. 1888 POSTPONED Councilman Sibbet moved, seconded by Councilwoman Spurlock, to postpone Ordinance No. 1888. Motion carried 7-0. *21. GN 93-70 ESTABLISHING A 30 MPH SPEED LIMIT ON COMBS ROAD AND BOULDER DRIVE AND A 35 MPH SPEED LIMIT ON INDUSTRIAL PARK BOULEVARD- ORDINANCE NO. 1886 APPROVED *22. GN 93-71 VACATION AND ABANDONMENT OF A PORTION OF UTILITY EASEMENT - ORDINANCE NO. 1887 APPROVED *23. GN 93-72 RATIFY AGREEMENT FOR STREET LIGHTS AND OVERHEAD ELECTRICAL LINE REMOVAL ON BEDFORD-EULESS ROAD WITH TV ELECTRIC APPROVED 24. GN 93-73 APPOINTMENTS TO BOARDS AND COMMISSIONS APPROVED Councilman Oujesky moved, seconded by Mayor Pro Tern Welch, to approve GN 93-73. Motion carried 7-0. Councilman Oujeksy introduced Mr. Fred Wilson, member of the Planning and Zoning Commission. I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 7 *25. GN 93-74 CONSIDERATION OF AMENDMENT TO ORDINANCE NO. 1813, THE BUILDING OItDINANCE, AS AMENDED TO ADOPT THE UNIFORM HOUSING CODE, 1991 EDITION - ORDINANCE NO. 1883 APPROVED 26. GN 93-75 DONATION TO THE NORTHEAST ARTS COUNCIL APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky, to donate $2,500 from Hotel Motel Tax to the Northeast Arts Council. Motion carried 4-3; Councilwoman Johnson and Councilmen Garvin, Oujesky and Wood voting for and Councilwoman Spurlock, Councilman Sibbet, and Mayor Pro Tern Welch voting against. *27. GN 93-76 COMPLIANCE OF USED-OIL COLLECTION GRANT - RESOLUTION NO. 93-24 APPROVED *28. GN 93-77 TRI-COUNTY ELECTRIC RATE INCREASE- ORDINANCE NO. 1891 APPROVED *29. PU 93-37 AWARD BID FOR UNINTERRUPTED POWER SUPPLY FOR THE POLICE DEPARTMENT APPROVED 30. PW 93-15 APPROVE CHANGE ORDER NO.2 FOR BURSEY ROAD PAVING AND DRAINAGE IMPROVEMENTS APPROVED Councilman Spurlock moved, seconded by Councilman Sibbet, to approve PW 93-15. Council asked Staff to look into having an enhancement study done and the possibility of a sewer assessment. Motion carried 7-0. I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 8 Councilman Wood left the meeting. 31. PW 93-16 PUBLIC HEARING ON AMUNDSON ROAD SANITARY SEWER ASSESSMENTS Mr. Kirk Searcy, Ferree & Searcy, Inc., gave a report on the Enhancement Study. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. The following appeared before the Council. Mr. Earl Baker, 8808 Amundson Drive, spoke in favor. Mr. Crayton Hughey, 6928 Clift, was not against the sewer but felt the property owners should not be assessed. 32. PW 93-17 DETERMINING THE NECESSITY FOR SANITARY SEWER IMPROVEMENTS ON AMUNDSON ROAD _ ORDINANCE NO. 1884 APPROVED Mayor Pro Tern Welch moved, seconded by Councilman Sibbet, to approve Ordinance No. 1884. Motion carried 6-0. 33. PW 93-18 CLOSING HEARING AND LEVYING ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS ON AMUNDSON ROAD _ ORDINANCE NO. 1885 APPROVED Councilman Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 1885. Motion carried 6-0. Councilman Garvin directed the Staff to look at the drainage pattern. I I I· I I I I I I Ie I I I I I I I I· I May 24, 1993 Page 9 *34. PW 93-19 APPROVE BUDGET FOR 1993 CHIP SEAL PROGRAM APPROVED *35. PAY 93-10 APPROVE FINAL PAY ESTIMATE NO.7 IN THE AMOUNT OF $30,009.00 TO A & J INDUSTRIAL COATINGS FOR STARNES ROAD ELEVATED TANK REHABILITATION AND REPAIRING APPROVED 36. PAY 93-11 FINAL PAYMENT TO AUSTIN BRIDGE, INC. APPROVED Councilman Sibbet moved, seconded by Councilman Oujesky, to approve PAY 93-11 to be funded from the 1992 Series Park Revenue Bond funds and authorize all of the Richfield Parking Lot improvements to be funded from the 1992 Series Park Revenue Bond Funds. Motion carried 6-0. 37. CITIZENS PRESENTATION A. MR. PHILLIP D. JACOBSON PRESIDENT, SKYLARK CIRCLE COMMUNITY IMPROVEMENT ASSOCIATION RE: PARKING ON SKYLARK CIRCLE Mr. Jacobson asked Council to do something about the parking in front of the Iron Horse Clubhouse on Skylark. Mr. Jacobson suggested that they put up signs saying "Please Park on the Parking Lot". Staff advised they would check into placing some type of signs. Ms. Myrtis Byrd, 7312 Hialeah Circle, asked Council to check on the bridge on Amundson Drive. The surface was extremly rough. I I I· I I I I I I Ie I I I I I I I ~ I 38. ADJOURNMENT Mayor Brown adjourned the meeting. ATTEST: May 24, 1993 Page 10 Tommy Brown - Mayor Jeanette Rewis - City Secretary I · CITY OF I NORTH RICHLAND HILLS I e,epartment: Planning and Inspections Council Meeting Date: 6/14/93 I Subject: I I I I I I Ie I I I I Reauest of John Volkman for Replat of Lots 19-R-3 and Agenda Number: PS 93-04 19-R-4, Block 33, Holiday West Addition. This property is located on the south side of Buenos Aires Drive, at the intersection of Westchase Drive. Mr. John Volkman is the developer of a small tract of land which is currently platted in two lots in the Holiday West addition. This property is generally located on the south side of Buenos Aires Drive, at the intersection of Westchase Drive. Mr. Volkman proposes to divide the property into seven lots, and he has submitted a replat of the property for the Commission's consideration. This property is an approved Planned Development District for the construction of moderately priced single family homes. The development regulations required by the Planning and Zoning Commission and the City Council have been incorporated into the preparation of this replat. A note on the plat indicates that a six-foot building line/maintenance easement exists on the east side of each lot. This note was added at the request of the Commission and the City Council. The Planning and Zoning Commission will consider this replat at their June 10, 1993 meeting. Due to the critical timing for developing this property, this item was placed on the City Council agenda. The City Council will be notified of the Planning and Zoning Commission's recommendation via fax transmittal on Friday, June 11,1993. RECOMMENDATION It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. I I Source of Funds: · e Bonds (GO/Rev.) I Operating Budget I Other ftr, l ~au i4õ~ I Depart~t Head Signature CITY COUNCIL ACTION Finance Review Acct. Number Sufficient Funds Available . Fmance Director I I City Manager Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I City of orth Richland Hills March 15, 1993 Ref: PWM 93-027 MEMO TO: Planning & Zoning Commission FROM: R. Michael Curtis, P.E. Staff Engineer SUBJECT: HOLIDAY WEST ADDITION; Block 33, Lots 20R through 26R Replat I have reviewed the subject documents submitted to this office on February 25, 1993, and offer the following comments. 1 . The appropriate signatures and the metes and bounds description will need to be added to the Owner's Acknowledgement and Dedication. 2. The title block needs to be revised as shown. 3. The current block contains several confusing lot designations. The proposed lot designations 19-R-3-1, 19R-3-R2, 19-R-3-R-3, 19-R-3-R-4, 19-R-4-R-1, 19-R-4-R-2 and 19-R-4-3 need to be changed to 20R, 21 R, 22R, 23R, 24R, 25R, and 26R. 4. The point of beginning needs to be clearly labeled on the plat. 5. 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. 6. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. (817) 581-5500 · P.o. BOX 820801 · NORTH AICHLAND HILLS, TEXAS 78112 I Ie I I I I I I I Ie I I I I I I Ie I I PWM 93-027 March 15, 1993 Page Two 7 . The Subdivision Ordinance requires a 7.5 foot utility easement be provided along the rear property line. In addition a 7.5 foot utility easement will need to be provided along the west property line of Lot 20R to connect the rear easement with the street right-of-way. The new easements and all existing easements on the subject property and property contiguous to the subject property will need to be shown on the final plat. 8. Building setback lines need to be added for the proposed lots as well as the lots adjacent to this plat. In addition to the front building line, a 6 foot building line will be required on the east side of each lot. 9. The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots and the adjacent lots. 10. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks need to be added to the construction plans for coordination purposes. Sidewalks not adjacent to masonry walls may be constructed with the improvement of each individual lot. It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. 11 . A topographical drawing is required by the Subdivision Ordinance. This drawing needs to be submitted with the next submittal. The drawing needs to include ª-l! permanent above ground features as required by the Subdivision Ordinance. The drawing needs to include but not limited to pavement, buildings, poles, sidewalks and contours. The drawing also needs to indicate ª-l! existing underground utilities and services. 1 2. 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. Any additional street lights which may be required based on current ordinances need to be coordinated with Public Works and TU Electric. The cost of installation of any additional street lights will be paid by the developer directly to TU Electric. 13. The Design Manual contains criteria for necessary fire hydrant coverage. All existing fire hydrants need to be shown on the topographical drawing. 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. 14. Buenos Aires Drive is misspelled on the plat. This will need to be corrected before the next submittal. I Ie I I I I I I I Ie I I I I I I Ie I I PWM 93-027 March 15, 1993 Page Three 1 5. The proposed water and sewer services will need to be shown. This information may be shown on the topographical drawing. 1 6. The existing right-of-way for Buenos Aires will need to be tied down. Locate iron pins on both sides of the street and show on the plat. /1') 1Y¡~ {J~ RMC/smm cc: Barry LeBaron, Director of Planning & Inspection Services Gregory W. Dickens, P.E., Director of Public Works I Ie I I I I I I I Ie I I I I I I Ie I I City of orth Richland Hills May 20, 1993 Ref: PWM 93-058 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 93-04; HOLIDAY WEST ADDITION Block 33, Lots 20R through 26R Replat I have reviewed the second submittal of the subject documents received in this office on April 29, 1993, and offer the following comments. 1 . The Public Works Department prefers to show the easement dedication incorporated into the closing paragraph after the metes and bounds description. 2. The Zoning Ordinance requires sidewalks adjacent to all public streets. 3. The proposed water and sewer services will need to be shown. The existing services may need to be relocated. This information may be shown on the topographical drawing. 4.· The surveyor will need to sign the final plat before submitting it to the Planning and Zoning Commission. r/lJw~ RMC/smm cc: Gregory W. Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services (817) 581·5500 · P.o. BOX 820809 · NORTH RICH LAND HillS, TEXAS 78182 I Ie I I I I I I I Ie I I I I I I Ie I I The BALLARD CORPORATION Surveying, Engineering, Planning P.O. Box 545 140 Magnolia Street Burleson, Texas 76028 Phone 817-295-4891 FAX 295-3822 June 3, 1993 Planning & Zoning Commission City of North Richland Hills P. O. Box 820609 North Richland Hills, Texas 76162 Att: Mr. Mike Curtis, Staff Engineer Mr. Barry LeBaron, Director of Planning & Inspection Services Dear Sirs, In reference to your letter dated March 15, 1993, we have addressed Articles 1 through 16. In reference to your letter dated May 20, 1993, we have addressed Articles 1 through 4. Yours truly, cJ~ Foy J. Dunaway Registered Professional Land Surveyor #1598 FJD:pm I Ie N I I I I I I I I Ie I I I ~.~ \ \ \ \ I~\ . \ ;:::'~- I -~--- -----;--- Ie I I I i i ::; -- .....: -- ....................... , :\ ~ .:~\ \ . ~ Y' \ \,....' .' ~ \ - ~.) ...:.: ,'~~ "< = "\"-' \ . \. \,>:~:\, - \. /:~;/ ,...., c '. ~ .'....../ ~\ \. ~ .- \, ...... -~ :,\,,.-, . /' /'\ \.... \ \ - / :-:, '. . . ~ ' \. ~,) ~ ~... - .·....'....4~ ~. ....... '- .' ". '-'. I ..~.:...\~ ' '. \) \. \~.' \.l .'. . . . '\"~.~' ,': / '. ~' ~/~,/" ;\.', ". ~. / ./'~. ..,.-,,---' ~ '. ~~/-- . -,~.. . .. . '. ~... ·;···:,·····2 ~~,::<~.~~~"~t:~:·:···:f].::::·:·::·:··::~~ __~.n.;_ n.____~ n....~ .~_____...~..~__;"':'... ~ ........",:.... ,...... i..... 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'J ~ f\' .. , .. . . . . . . . ¡'N~' I··~ Ur ¡ ¡ ~ }...... ~..·..·..I N i U -;-'..·..·..·....-1 ! ::--' t...~... t ..~..J.~..... ..~..1·~:··t·~+~·1· ~..:.. ~ : : :: : . II 0 a tI 3 IV . { a 'v. H S' :".~."".:-".. :...¡.~..., ..~t1·~" E..·;..·~ .Y r'O AI 0 a t' 3 IV ~¡......~ I.D ~t· j ~ ~ \~~ ."." ~,(,. '.'.) \:(. '""",'. :,A , :,.-- ~.? .~':' ... ...... .....................................~~~~ ...~ ~ ...~ I ¡ u~ (¡f N~ .0 t'~ . 0 '-:~ ~U:: u... ~. ... ..::....J~... ~;~ : .. !~i:..~~~·...~~ :~ ~ I~ 2 ~:~i I a I .~,.. I ~ 1_,................... ca' : I~: I I to ¡ I .l.J ..._.........Þ.....,....,.., ~ V) ~ ~I '~ a ~ ~ .~. L .{¡ -~~ u= L--- N I t , en \J'" ;Q I I I I I I I I Ie I I I :1 I 'I CITY OF NORTH RICHLAND HILLS I A'Jepartment." Planning and Inspections C _- ~ ouncil Meeting Date: Subject: Reauest of John Noll for Replot of Lots 14, 16-R, and Agenda Number: 17 -R, Block E, Smithfield Addition. This property is located at 6504 Smithfield Road. 6/14/93 PS 93-07 Dennis and Alan Norton, co-trustees, are the owners of a 3.144 acre tract of land located at the northeast intersection of Smithfield Road and the St. Louis and Southwestern Railroad right-of-way. The property is currently zoned 1-2 Medium Industrial, and Sunbelt Fence Company operates a chain-link fence business on the site. Sun belt Fence Company is proposing an expansion of their business operations and plans to construct an additional 4,000 square foot building. However, the property is currently configured into three separate lots and the property owner is requesting to replat the property into a single lot to prevent the encroachment of the new building over an existing lot line. There have been two written communications between the Public Works Department and the developer in attempts to resolve issues related to this replot. Staff presented the replat to the Planning and Zoning Commission for resolution. The major issue regarding this replot is the right-of-way on Smithfield Road. Smithfield Road is designated as a C-4-U roadway on the Master Thoroughfare Plan and requires a right-of-way of 68 feet (34 feet each side of the centerline). The existing right-ot-way is 50 feet (25 feet on each side of the centerline). The owner does not want to dedicate the additional right-of-way along Smithfield Road (13.5 feet), for a distance of approximately 522 feet. The developer has agreed to provide sidewalks along Smithfield Road, and to provide the additional fire hydrant required by the Public Works Department. The Planning and Zoning Commission considered this replot at their May 27, 1993 meeting, and recommended approval of the replat subject to engineer's comments. The Commission felt that right-of-way issue on Smithfield Road should be resolved by the City Council. RECOMMENDATION It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission and also require the property owner to dedicate additional right- of-way on Smithfield Road. Finance Review 1 Source of Funds: I a Bonds (GO/Rev.) _ ., Operating Budget .. --.a..-- 1 Other --~~" ~ ~~4~~ O~ Depa- ~ ent Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available \1. . Finance DIrector Page 1 of I / Ie I I I I I I I Ie I I I I ~cJ .~ Ii I I Ie I I r.. ~, .. \ fiJivi') City of orth Richland Hills ,~(' (' .'-./ March 17, 1993 Ref: PWL 93-063 Boundary Mark, Inc. P.O. Box 1201 1 1 Arlington, Texas 76012-0111 F, 0 r:l 'S ~, \\ , ~ tJQ ì G<\~)~~ Attention: Mr. John Nail SUBJECT: ORIGINAL TOWN OF SMITHFIELD; Block 3, Lot 17-R-'; Replat J have made a cursory review of the subject documents submitted to this office on March 8, 1993, and offer the following comments. 1 . The Subdivision Ordinance requires signature blocks for the Chairman of the Planning & Zoning Commission and the Mayor. Examples may be found in Section 1-03 of the Subdivision Ordinance. /A ,t) 2. The address and telephone number for the Owner need to be added to the plat. 3. The surveyor's seal and signature need to be added to the plat. 4. The title block needs to be revised as shown. - I .5. The existing right-of-way for Smithfield Road will need to be tied down in the field. Sufficient dimensions will need to be added to the plat to clearly show the existing right-at-way. \ '~ , r 6. The point ot beginning needs to be clearly labeled on the plat. 7. 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·go-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 Plan Coordinates for at least two property corners. The coordinates need to be determined by a survey tied to the City's GPS monuments. }C :\ (817) 581·5500 · P.o. BOX 820809 · NORTH RICHLAND HILLS, TEXAS 78182 i' Ie I I I -- 9. 'I'j·, . ~í~ ~,1 10 I · I .(; ð-" 1 2. I,. ~ x , .. cJ>(' 0 Î' ,0 i t-"lt Æ, v ,1' .) 13. I Ie I I I I 'I I Ie I I 14. '5. 16. 17. /' ' ~ ..;~ ,")" ,'/" ,. 'ta{ PWL 93-063 March 17, 1993 Page Two r-¡ ./' 8. The metes and bounds description and the exhibit are not in agreement. The discrepancy occurs in the second call. This needs to be resolved. The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description. The Subdivision Ordinance requires a 7.5 foot utility easement around the perimeter of the property. This needs to be added to the final plat. 1 1 . Building setback lines need to be added for the proposed lots as well as the lots adjacent to this plat. The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed Jots and the adjacent lots. There appears to be sufficient error in the survey to create inadequate closure. This needs to be resolved with the next submittal. Smithfield Road is designated as a C4U on the Master Thoroughfare Plan. This designation requires a 68 foot ultimate right-of-way. It appears that the existing right-of-way is less than the ultimate. If that is the case, additional right-of.way dedication may be required. The ultimate right-af-way requirement is a total of 34 feet east of the existing centerline. It appears the incorrect plat was referenced for this replat. In 1979, Lots' 6 through 19 were replatted to 16R and 17R as filed in Volume 388·126, Page 79, Tarrant County. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks need to be added to the construction plans for coordination purposes. Sidewalks not adjacent to masonry walls may be constructed with the improvement of each individual lot. It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. A topographical drawing is required by the Subdivision Ordinance. This drawing needs to be submitted with the final plat. The drawing needs to include Wi permanent above ground features as required by the Subdivision Ordinance. The drawing needs to include but not limited to pavement, buildings, poles, sidewalks and contours. The drawing also needs to indicate £!! existing underground utilities. " _ ,// I_ I I I I À' \ 19. Y ')f ~\ I "p ") '\ ~ . I I I_ I I I I I I Ie I I PWL 93-063 March 17, 1993 Page Three , 8. Street lighting is required by Section 1 -06 of the Design Manual. The locations of any existing street lights need to be shown ont he plans to confirm compliance with current ordinances. 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. The Design Manual contains criteria for necessary fire hydrant coverage. All existing fire hydrants need to be shown ont he topographical drawing. 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. 20. This review was based on an incomplete plat submittal and was therefore only cursory. The intention of this letter is to comment on items of significant importance to the general concept. A detailed review will be processed when the final plat is submitted. Jv1.)J. ~~I R. Michael Curtis, PIE. Staff Engineer RMC/smm cc: ~'ory W. Dickens, P.E., Director of Public Works Kevin Miller, P.E., Asst. Director of Public Works I- I I I_ I I I I I I I_ I john..1I j'. '.'.1. I- I ~ I_~ I~ - - I I ...... ----: I It: =:r o ~ . \'-I <:::> ...... co Cøt<:)~ ....~~ c::=Þ..~ ~-~ -~"" ~......~ -- - =:r~ Cøt :0 '^ ::::'C) " <::::) - . <::) ...... '0 ......co --- . <:::)......... ~Q() ...... ac . .... . . , 26 march 1993 City of North Richland Hills Box 820609 North Richland Hills, Texas 76182 Attn: Mr. Mike Curtis, P.E. Dear Mr. Curtis: Per your letter of 17 March, 1993 we make the following corrments in your order. Item 1 has been complied with on the proposed plat. Ours may differ slightly; however, your manual states "recommended and/or minimum". Please advise should this present a problem. Item 2, Item 3, Item 4, Item 5, Item 6, Item 7, Item 8, Item 9, Item 10, Item 11, and Item 13 will be complied with. Item 12 can be complied with; however, the owner requests a letter from the City of North Richland Hills, Texas stating that this does not constitute permanent zoning in accordance with any future changes that might be requested. Item 14 is a request for addition right-of-way of Smithfield Road. The owner takes a No stance to this request due to the fact that Smithfield Road is currently improved with curb and gutter. The City of North Richland Hills has also allowed platting of this and adjacent tracts without previous requests for dedication. The ovmer may consider alternatives. Item 15 is in reference to the 1979 replat, which if it were my choice, I would not accept. The area in the southeast corner has not changed, but rather the previous surveyor did not chose to honor existing right- of~ay by failing to do the proper research. Item 16 is requested to be waived since this is an industrial zoning with very little foot traffic and if required VK>uld dramatically affect your other requirement of landscaping. Item 17 is requested to be wai ved by the owner since this was supposed to be a short form plat. Additionally, this does not add anything to and/or for the existLìg site plan. Item 18 can be complied with. I Ie I I I I I I I Ie I I I I I I Ie I I Norton City Letter, Page 2 Item 19 can be complied with and exist fire hydrant coverage is shown on an enclosed copy in red. Please do not hesitate to call if can can answer any questions on this or other rnc:µrt:ers. ¡/ .p.l.s. I Ie I I I I I I I Ie I I I I I I Ie I I City of orth Richland Hills April 14, 1993 Ref: PWM 93-043 MEMO TO: Barry LeBaron Director Planning and Inspections Services FROM: Kevin B. Miller, P.E. Assistant Director of Public Works SUBJECT: PS93-07; ORIGINAL TOWN OF SMITHFIELD; Block 3, Lot 17R-1; Replat I have reviewed the second submittal of the subject documents. The documents were received by this office on March 26, 1993. The following questions and concerns have been identified previously by PWL 93-063. This letter shall serve to clarify those comments. It is the opinion of Public Works that this set of documents does not constitute a complete submittal. The Planning and Zoning Commission have previously stated that docket items shall be complete prior to consideration by the Commission. Since this packet is incomplete and has not yet been placed on the agenda, the 30 day rule regarding approval or disapproval does not apply. If you choose to put this item on the agenda in its current condition, Public Work's recommendation is to disapprove the replat. Item 3. All appropriate signatures shall be added to the plat before it is submitted for consideration. This includes the Surveyor and the Owners. The Surveyor's seal and signature are required to assign responsibility for the accuracy of the survey. The Owner's signature is required to ensure that the property owner has reviewed the document. Item 6. The Point of Beginning shall be clearly labeled on the plat. This practice allows individuals reviewing the metes-and-bounds description to quickly identify the location of the first call on the exhibit. Item 8. The Metes and Bounds Description and the exhibit are not in agreement. The discrepancy occurs in the first call. The written description identifies the northerly distance as "552.6" and the exhibit lists the same distance as "522.6." This is a difference of 30 feet. Item 1 2. The current zoning shall be clearly indicated on the face of the plat. This includes the proposed lot and the adjacent lots. Design or planning information is not placed on Final Plats. Design and planning information is requested at times but it is required on a separate drawing. The zoning (817) 581-5500 · P.o. BOX 820809 · NORTH RICHLAND HillS, TEXAS 76182 I Ie I I I I I I I Ie I I I I I I Ie I I PWM 93-043 Page 2 April 14, 1993 Item 13. Item 14. Item 15. Information simply records the status of this property and adjacent properties at the time of replat. There is sufficient error in the survey to create inadequate closure. The calculated error is greater than 1 in 13,000. This qualifies as a second order survey. This type of accuracy is allowable for field survey's. The Final Plat is not just a field survey. The Final Plat shall represent a closed traverse. It is common practice to adjust this type of survey by using the compass rule or the transit rule. In either case, the perimeter shall be adjusted to close with first order (1 in 25,000) accuracy. It appears that this property has been platted twice. The original plat was filed in 1888 and the replat was filed in 1979. The first official Thoroughfare Plan for the City of North Richland Hills was not prepared until 1985. Smithfield Road was classified as a C4U at that time. The C4U requires a minimum right-of-way width of 68 feet. Public Works is not aware of any replats of adjacent property which have been approved since 1985. The City's Geographical Information System indicates that Smithfield Road is currently 41 feet wide from back of curb. The GIS also indicates that the existing right-of-way is very near the curb on the east side. Without a field survey to verify the location of the existing roadway, a dedication of 13.5 feet is required along Smithfield Road. The area included in the proposed replat does not match the 1979 or the 1888 plats. The distances shown on the 1888 plat cannot possibly be honored. For example, lot 19 of block E is shown to be a right triangle with two legs measuring 1 50' and 200'. The hypotenuse (along the railroad ROW) is dimensioned as 1 50'. Lot 1 7 is also impossible as originally defined. The 1979 plat did not honor the shape of the "Rail Road Reservation" but all other dimensions appear consistent with normal surveying practice. The dimension along Smithfield Road is given as 500 feet in 1888, 509.5 feet in 1979 and 522.6 feet in 1993. The only point of agreement appears to be the beginning point in the Railroad ROW. If the Railroad ROW has not changed, it appears that this replat also includes a portion of lot 1 2. This issue needs to be resolved. Public Works recommends that the surveyor honor the perimeter for the 1979 replat. The "reservation" issue may be resolved by defining the overlap as a previous dedication as defined by D.R.T.C.T. volume 56 page 494. The onlv option is for the Surveyor to do the necessary field work to determine where the 300' wide Railroad Reservation ends and the 1 00' wide right-of-way begins. I Ie I I I I I I I Ie I I I I I I Ie I I PWM 93-043 Page 3 April 14, 1993 Item 1 6. The Zoning Ordinance requires sidewalks adjacent to all public streets. This decision was made by City Council only a few years ago. This ordinance was preceded by a requirement for sidewalk adjacent to all thoroughfares. Smithfield Road is designated as a thoroughfare and the sidewalk is therefore required in either case. In addition, Smithfield Elementary school is located approximately 300 yards north of this site on the same side of the street. Item 1 7 . A topographical drawing was requested to verify the availability and capacity of the following physical features: a) ROADWAY - see item #5 b) FIRE HYDRANTS - There is one hydrant available. The hydrant is on the west side of Smithfield Road. The proposed replat is for a lumber company. The location of the hydrant does not comply with the current ordinances. The Fire Department has determined that hydrants must be placed on the same side of the thoroughfare to be effective. Public Works recommends that an additional hydrant be installed by the owner on the east side of Smithfield Road. c) STREET LIGHTS - Additional street lights will be required at the owner's expense. d) BUILDINGS - Structures are not allowed to cross right-of-way, easement or lot lines without provision for adequate firewalls. e) ELEVATIONS - Additional structures may change the drainage pattern. Item 18. A street light is required at the intersection of Brandi Place and 325 feet north of Brandi Place. Item 19. See item #17b (FIRE HYDRANTS) above. It is Public Works recommendation that this replat shall not be placed on an agenda until items 3,8, 13, 14 and 15 have been corrected. ~~~¿ /Kevin B. Miller, P.E. Assistant Director of Public Works cc: C.A. Sanford, Deputy City Manager Greg W. Dickens, P.E., Director of Public Works I . ~ ~ ..... I~ ~<:) ....~ C:=Þ... I~ ~- -~ ~...... - .... ~ :::r 0 !: ...... I c.-t ~ ~ ..... ........ , '" ~ . I ~-':::: ---- ~~ I ; :00 ::s -= I- : I I Ie I I I I I I Ie I john nail j/'. /,.,.,. I }r\ J\J . o '- <:::) aa "" ~ ~ 16 april, 1993 ~ . "" -- aa '^ '-.Q City of North Richland Hills Box 820609 North Richland Hills, Texas 76182 Attn: Mr. Kevin Miller, P.E. Re: Original Town of Smithfield Replat (PS 93-07) Dear Sir: In regard to our subdivision plat and your comments dated April 14, 1993, I came in to the City and tried to inquire about your procedures and practices and was told that "until the plat is approved, you do not need signatures, mylars, etc." Therefore, when we submitted this replat,. we were under the inlpression that it was for a "short form plat" as defined in ~lour rules and regulations and we had no knowledge that signatures, etc. were required and/or needed. In regard to your Item #3, Item #6, and Item #8: These have been comp lied with. As for Item #12: The City has not addressed my letter request of March 26th (a copy is attached hereto) in this regard. Your comment here is not sufficient for the owner. Item #13: There is no requirement in your rules, regulations and ordinances for a mathmatical closure. Since your non-closureacceptance is a rounding error on my part, the distance along the railroad right- of-way line has now been rounded up instead of down; and, the property will close sufficiently to meet your requirements. While closure is only one requirement of any "class" of survey, you are unaware of my equipment and/ or my procedures. These a 1 so figure into any class of survey. There are published requirements for survey work and I have inc 1 uded a copy for your use. Just because something does not "close" does not make it wrong as your letter suggests. Incidentally, our procedures are such that we very rarely lIadjust" any traverse and when we do, it is with a "least squares" adjustIœnt program in a network. Any adjustment is just that--an adjustment--thus, fake nurrbers are fake numbers. Item #14: The owner has stated to me that he is not inc 1 ined to gi ve any addi tiona 1 right-of-way. He wi 11 consider any a 1 ternati ves you might wish to discuss. While we do not disagree with the pavement width, we DO disagree with your 13.5 feet of dedication width. The pavement is not necessarily centered on the existing right-of-way. I Ie I I I I I I I Ie I I I I I I Ie I I /7\ } .~ City of NRH Letter, Page 2 Item #15: I generally am not in the habit of justifying my boundary decisions to anyone; however, your interpertation of plats and survey work in this case is so incorrect that I will give you a short explanation. The surveyor must "fo llow in the footsteps of the ORIGINAL surveyor; and the 1988 plat is the original. with a lot of research and ground search, we were able to establish a monumented and accepted right-of-way line of Main Street that I can defend along with a right-of-way line of Smithfield Road that I can defend. Using the monumented right-of-way line for Main Street we found that there is a large excess between Main Street and the railroad. By prorating this excesses to each foot along the right-of-\vay, we can make the most arrcunt of existing monumentation and/or property possession work into a defendable position. Thus, there is no way for us to honor something that we CAN prove is wrong. A surveyor cannot accept some of this and part of that to make his bow1àary decisions. He must either accept and/or reject any document in whole. We reject the 1979 replat in whole. We additionally did locate and obtain a copy of the railroad right-of-way map and have made the appropriate ties to the railroad monumentation to justify the location of our shown railroad right-of-way. Should you wish, we will be glad to show you at our office how and why we arrived at our decisions regarding our boundary work. Overa 11, the most amount of existing rronumentation can be justified on the 1888 plat. Item 16 is an owner decision now being considered. Item 17 was a request for a topographic nap that is an unjustified owner expense in the form requested for the following reasons: Item 17b and Item 19 contain some error. This replat is not for a 1 umber yard but rather for a fence company. Some 1 umber and fencing is maintained on site, yet the amount is minor in regard to a lumber company. We waul d request the fire department re-review this request based on this informa.tion. A fire hydrant is an expensive item and one is available less than 100 feet from the existing building. Item 17C and Item 18 are requests for street lights. CUrrently, there is a street light at the southwest corner of this property approxirrately 70 feet southeast of the Business Dri ve intersection; therefore, the only need would be the one 300 feet+ north of that intersection. The owner can agree wi th tl1is request. Item 17D states a policy that we generally agree with; however, the owner has requested a replat to cure the lot line problem and to extend a building north from the existing building. Otherwise, there are no structures at or near a property line. They can turn the building and not need a replat at all but they desire their proposed building configuration. Item 17e states that an additional structure may change the drainage I Ie I I I I I I I Ie I I I I I I Ie I I NRH Letter, Page 3 pattern. The only change we carl invision is that it will add some roof area to the lot which is currently caliche gravel with a high run-off factor. This will not appreciably affect the current drainage pattern which is generally southeast into the railroad bar ditch. No water from Srnithfield Road or areas west of that road enter into this tract. No runoff enters unto a public way. Please re-review your requests in light of this information., We would appreciate working with the City of North Richland Hills on this replat¡ however, at this writing, there seems to be some differences of interpertation of your ordinances, rules and regulations. We stand r~ady to look at these with you and await your reply. / Sinc~4" / ~/ ~)//;iu _.~~;/ jo nal~/r., .p.l.s. · jr/jn _./ Encl. CtyNRH,14 ,/ cc Mr. A~laí1 Norton Mr. Thos. Mastin Mr. C. A. 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This property is located at the southwest corner of Edison Drive and NE Loop 820. 6/14/93 Couñcil Meeting Date: Agenda Number: PS 93-13 The Resolution Trust Corporation, as receiver for First Savings and Loan Association, is the owner of a tract of land in the Richland Terrace addition. This property is generally located at the southwest corner of Edison Drive and NE Loop 820. This tract of land is the proposed site for a hotel called Homestead Village. The primary purpose of the replat is to delete several unnecessary drainage and utility easements. The following are the issues concerning this replat: 1. This property abuts several residentially zoned properties to the west and south. A permanent screening fence will be required along the common property lines when a building is constructed on this property. 2. There are two streets that dead end into this property: Winnel Way and Ken Michael Court. The developer has no plans to extend these streets or to provide access for traffic through the development. However, the City did not require any street extensions when the property was initially platted in 1971. 3. Several utility and drainage easements will be abandoned upon approval of this replat. However, some easements, both on-site and off-site, are being relocated as a part of the development. The developer has agreed to all engineering comments. The Planning and Zoning Commission will consider this replat at their June 10, 1993 meeting. Due to the critical timing for developing this property, this item was placed on the City Council agenda. The City Council will be notified of the Planning and Zoning Commission's recommendation via fax.transmittal on Friday, June 11, 1993. RECOMMENDATION It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. I ~ Source of Funds: \ Bonds (GO/Rev.) tit Operating Budget O~/ Finance Review Acct. Number Sufficient Funds Available tment Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I City of orth Richland Hills May 13, 1993 Ref: PWM 93-054 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 93-13; RICHLAND TERRACE ADDITION; Block 2, Lot 1 R; Replat I have reviewed the subject documents submitted to this office on April 20, 1993 and offer the following comments. 1 . The Subdivision Ordinance requires signature blocks for the Chairman of the Planning and Zoning Commission and the Mayor. Examples may be found in Section 1-03 of the Subdivision Ordinance. These signature blocks must be added to the plat. 2. A vicinity map needs to be added to the plat. Sufficient street names and landmarks need to be included to determine the general location of the plat. 3. The title block needs to be revised as shown. 4. 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 Inforn1ation 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. 5. The metes and bounds description and the exhibit are not in agreement. The discrepancy occurs in the third call. This needs to be resolved. 6. The current zoning needs to be clearly indicted on the face of the plat. This includes the proposed lots and the adjacent lots. (817) 581·5500 · P.O. BOX 820809 · NORTH RICHLAND HILLS, TEXAS 78182 I Ie I I I I I I I Ie I I I I I I I. I I PWM 93-054 May 13, 1993 Page Two 7. All onsite and offsite easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be . transmitted to the Public Works Department for filing with the approved final plat. 8. The plat is bordered by State Highway facilities on the north side. If driveways are to be constructed, a TDOT Access Permit will be required. 9. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks need to be added to the construction plans for coordination purposes. Sidewalks not adjacent to masonry walls may be constructed with the improvement of each lot. It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with future sidewalk. 10. 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. 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. 11. The limits of the existing 10' sanitary sewer easement abandonment will need to be revised as marked up. 1 2. A permanent screen fence will be required where property zoned commercial abuts property zoned R-', R-2, R-3, or R-4-SD. 13. Currently, there are two streets (Winnel Way and Ken Michael Court) that deadend at the lot line of the subject property. No possible solutions for through traffic are shown for these streets. 14. The Design Manual contains criteria for necessary fire hydrant coverage. All existing fire hydrants need to be shown on the topographical drawing. 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. 15. There are comments recorded on a blueline copy of the plat. The blueline has been returned to the surveyor for revision. Public Works is recommending that this plat be revised prior to submitting to the Planning & Zoning Commission. The marked up blue lines need to be returned with the next submittal. il0ll C\ AX'I ' RMC/smm cc: Gregory W. Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services I Ie I I I I I I II , Ii i I I I II II i Ii ¡ ! II . II II l-i l IITl~, )LIl\f \\ Huitt-Zollars, Inc. 1 ConsUting Engineers 13131 McKinney Avenue 1 Suite 600 1 LB 1051 Dallas. Texas 75204·2416/214-871·33111 FAX 214-871-<>757 ---------.-----...--..--...-- --- .._ 0- ______ .____..______._0__ .____ __ __ _____.___ June 2, 1993 ..,..".,-.".,.,-- ~ Mr. !v1ike Curtis Public Works Dept. City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, TX 76180 RE: PS 93-13; Richland Terrace Addition; Block 2, Lot 1 R; Replat H-Z Project No. 01-1550-02 Dear Mr. Curtis: We have revised the replat and construction drawings per your comments and respond as follows: 1) Separate instruments for the onsite easements have been signed and submitted to the Public Works Department for filing. Easement documents for the offsite easements have been sent to George Allen, May Advertising Venture, for his signature. To date. we have not been able to obtain his signature on the easement~. I have enclosed copies of all written correspondence to demonstrate our efforts in attempting to obtain his signature. We have also delivered an executed request for release of easement for the portion of the existing 15' Drainage and Utility Easement to be abandoned. The legal descriptions of the existing 10' Sanitary Sewer Easement abandonments, onsite and offsite, are included as well. 2) A sidewalk has been added along Edison Drive. No sidewalk is planned along S.H. 820 given the improvements to occur in the future. 3) A new street light and pole will be added at the intersection of S.H. 820 frontage road and Edison Drive. The street light and associated notes appear on the Grading Plan. 4) A penn anent screen fence is planned along the west and south property lines and shown on the Landscape Plan. '..._--------~-.._-- Dallas Fort Worth Phoenix, Orange County I I- I I I I I I I Ie I I I I I I I. I I Mr. Mike Curtis June 2, 1993 Page 2 5) Winnell Way and Ken Michael Court dead end at the west and south property lines, respectively. There are no plans to extend these streets or to provide for through traffic as part of the Homestead Village development. 6) Fire hydrant coverage is provided by a new hydrant to be installed in the center of the development per the Water and Sanitary Sewer Plan. I trust that we have completed all revisions required by your review. Please contact me should any further changes be required. Very truly yours, HUITT-ZOLLARS, INC. Consulting Engineers þ-w ~. Steve M. Evans, P. E. SMFlbc Enclosures "._r .",.. ,.,' ~ L' ~ ~t9i¡ !':I! '.j1~') f');N~. - ':: ·'EJO?J¡ D:l i ~ ~ \ ~ ~ 51~rm~... 1·;.._..L~·+···~\\.~1~·{·~·1 r"~-r~'r9i: ;·I··..~·¡ ~T····~··~ ~ ¡ ~ 0 ¡ ~ j ~ ¡ · \ f') ---L---J I._~ I: i ~ 0 ~ 3:7~~r:'$~7~ :, :.: ~ . , . .'. . . .. .. . . ~ I_ .," "~~.."c ..~. ¡ :.... i: -:: "¡ L--l---' --,,-.,---~~ I ' :. ... :. '. :~.~..~..::·y!:·_....i I =. ¡. 1. =. ;. i. ~.' ¡. ~.', NT.~,.:. :. : ~ :. ' :.' , ·....w..·..·~~~..· .. : . I -:r(.......~.,...<I:O,a> .~.-. 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(0 P~P6~'B:> 0 ~ ~MfØH) \)(~ ~ FREE STAND1NG ~ StGN ~ " I .'",- <d'~~ "$~ ,":- 0>(>=~,~~ 17').. ~~ ~"ð>-- ~~" ~C'-t ~ ,~Ä ~ ~ "'-J , N d< o '.JIGlW.-,., MAP ~ I I CITY OF NORTH RICHLAND HILLS I_epartment: Subject: Economic Development Certification to Regulate Cable Services Rates - Resolution No. 93-26 _ Council Meeting Date: 6/14/93 Agenda Number: GN 93-79 I I I I I I I The Cable Television Consumer Protection & Competition Act of 1992 allows municipalities to regulate basic-tier (or "lifeline") cable service rates and some equipment costs. Subsequent rules by the Federal Communications Commission (FCC) require municipalities to file for FCC certification and adopt regulations before having regulatory authority. Municipalities interested in regulating their cable systems may file for certification on June 21, 1993. According to a recent Texas Municipal League seminar, all of the State's horne-rule cities have jurisdiction to receive such authority and should apply. Once authority has been granted to a municipality, the cable system operator must offer basic rates at or near a federal benchmark charge. Likewise, equipment rates will be "unbundled II from basic-tier service rates. Thus, installation costs (especially for items which are already in place) and charges for extra cable outlets will decrease. If the City Council authorizes staff to file for FCC approval, the City will also have to adopt rate regulations within 120 days of certification. Thus, I will return with a plan for adopting regulations within the corning weeks. I~It is possible that the City of North Richland Hills could team up with several Wother area cities to jointly review and regulate our cable rates, if the Council desires. I I I I I Recommendation: Staff recommends that the City Council approve Resolution No. 93-26 in support of North Richland Hills' application to regulate selected cable service rates and equipment costs. Finance Review Acct. Number Sufficient Funds Available ?nc~ Director CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I RESOLUTION NO. 93-26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1 . The City has legal authority, as a home-rule City in the State of Texas, to adopt and administer regulations with respect to permitted cable services and equipment which are consistent with the regulations adopted by the FCC pursuant to 47 U.S.C. S 543(b). 2 . The Council authorizes the City's application for FCC certification to regulate permitted cable services and equipment, retaining the right to conduct related activities in cooperation with other area municipalities if later desired. 3 . 14IÞ The Council authorizes the application form for FCC certification. City Manager to sign the City's I I !I I I I Rex Ie I I Passed and approved this 14th day of June, 1993. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: McEntire - Attorney for City I CITY OF NORTH RICHLAND HILLS I ~epartment: Subject: Economic Development Cable System Channel Changes - Resolution No. 93-27 _ Council Meeting Date: 6 / 14 /9 3 I I I I I I I Recommendation: Staff recommends that the City Council approve Resolution No. 93-27 requesting _limited movement of cable system channels and the dedication of a channel I~)etween 2 and 13 for North Richland Hills' Citicable operations. Agenda Number: GN 93-80 In response to the new Cable Act--and related FCC rules--Sammons Communications, Inc. may be forced to change cable channels in the coming weeks. Beginning June 17, Dallas-Fort Worth area commercial television stations may select a certain status which allows them to request their "preferred" channel position over the one chosen by Sammons. If a number of area stations request their general broadcast channels, Sammons will change several channels--very likely to include our own Citicable channel. Certainly, any change will inconvenience cable subscribers. And the City has had to delay painting a new logo and channel number on the Citicable truck until we receive assurance of a dedicated channel. If Sammons must change the present placement of North Richland Hills' Citicable programming (Channel 5), it would certainly benefit Citicable to remain close to major broadcast channels and the Weather Channel (i.e. between 2 and 13). I ~ ~ ~ I Source of Funds: _ Bonds (GO/Rev.) I . Opera On Budg ,t I Othe . I I Finance Review Acct. Number Sufficient Funds Available nt Head Signature CITY COUNCIL ACTION ITEM ~ì . Finance Director Page 1 of I Ie I I I I I I I RESOLUTION NO. 93-27 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1 . The City of North Richland Hills requests that Sammons Communications, Inc. limit the number of channels it changes as a result of adhering to new Federal Communications Commission rules. 2 . The City of North Richland Hills requests that Sammons Communications, Inc. dedicate a channel between 2 and 13 for North Richland Hills' Citicable operations. PASSED AND APPROVED this 14th day of June, 1993. e I ATTEST: Tommy Brown - Mayor I I Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: I I Rex McEntire - Attorney for City I I Ie I I I I I I I I I I, I CITY OF NORTH RICHLAND HILLS Department: Public Works Approve "No Parking" Zone in the 7300-7400 Blocks of Davis Boulevard (FM 1938) - Ordinance No. 1892 ~ Council Meeting Date: 6/14/93 Subject: Agenda Number: ~N 93-81 Per Council's instruction, staff requested that the Texas Department of Transporation review the "No Parking" situation along the east side of the 7300-7400 block of Davis Boulevard. The Texas Department of Transportation has agreed to change the current "No Parking" zone to a "No Parking between Midnight and 6:00 A.M." zone for the east side 7300-7400 block of Davis Boulevard. Staff concurs that this should be sufficient to discourage overnight parking, without creating a hardship on the residents within this area. Recommendation: Staff recommends approval of Ordinance No. 1892. I I I I I I I I Finance Revi.ew Source of Funds: Bonds (GO/Rev.) Oper t"ng Budget Oth } {" ,d )(i I " I : Acct. Number Sufficient Funds Avai able ent Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I. I I I I I I I Ie I I I I I I I (' I ORDINANCE NO. 1892 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, that: 1 . It shall hereafter be unlawful for any person to park or leave unattended any motor vehicle between the hours of midnight and 6:00 a.m. upon the public street or portions thereof set out as follows: Along the east side of the 7300 - 7400 block of Davis Boulevard (FM 1938). 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 parking regulations. 3. Any person violating any portion of this ordinance shall be deemed guilty of misdemeanor and fined not in excess of $ 200.00. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this 14th day of June, 1993. APPROVED: ATTEST: Tommy Brown, Mayor Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I I I I I I I I I -- I I I I I I CITY OF NORTH RICHLAND HILLS Department: Finance Couoncil Meeting Date: 6/14/93 Agenda Number: GN 93-82 Ordinance Amendinq TU Electric's Franchise, Extension of Term, Gross Receipts,and Establishing a Special Rate Making Fund Ordinance No. 1893 and Ordinance No. 1894 TU Electric is proposing that the city of North Richland Hills amend the existing franchise ordinance which would extend the length of their agreement and increase the gross receipts. Attached is a copy of TU's proposed ordinance. The major terms of TU's proposal are as follows: ( 1) TU will increase its current franchise fee of 3\ to 4\ beginning June 1, 1993. (2) TU will pay a one-time payment to the City of 1\ of the average monthly gross receipts for the period of June 1, 1993 to December 31, 1993 to compensate the City for the additional 1\ fee' for 1993. Since TU actually pays the Ci ty its franchise fee based on the previous year's sales, the payments made in 1993 were of 1992 electric sales. With this one-time payment, TU will be paying the City a 3\ franchise fee for five (5) months. and a 4\ franchise fee for seven (7) months. (3) If TU files a general rate increase during the fifteen year extended time period of this proposed amended ordinance,. the City of North Richland Hills would be responsible for payment of all costs we incur in protesting the rate increase up to $4,000,000. TU would expect that the Ci ty would pay any protest charges from the additional 1\ fee paid to 'the City. The proposed ordinance provides that the City keep its rate protest expenses on an average under $1,000,000 per general rate case. TU does agree to pay rate case costs incurred by the City in excess of $4,000,000. (4) The current rate case of TU Electric identified as PUC Docket No. 11735 and the appealed PUC Docket No." 9330 are both excluded in the proposed ordinance amendment from the $4,000,000 rate making expenses mentioned above. That means that any rate making expenses related to the current case to be incurred now or in the future by North Richland Hills are' not tied to any dollar limitation but can be reimbursed as provided by Section 24 of the Public Utility Regulatory Act. Presently, the City of North Richland Hills has not incurred any expenses on these Dockets, but has denied the rate increase as requested. Finance Review I Source of Funds: . Bonds (GO/Rev.) Operating Budget I II Other, .- ~- ~~Ú ~. . . " .. ~ /. /,,--' f" "Departm( nt ead Signature CITY COUNCIL ACTION ITEM _. Acct. Number Sufficient Funds Available '-.. "0- '- . Finance Director I Page 1 of I I. I I I I I I I I4t I I I I I I I. I I (5) TU proposes to extend the current electric franchise from 2003 to 2018, or by 15 years. TU is requesting that the franchise ordinance be approved effective June 1, 1993. The City Attorney has discussed this proposal with the Texas Municipal League attorneys and a utili ty rate attorney, and he should have information to report at the Council Meeting. The primary reservations about this proposed franchise amendment relates to the payment of any of our rate making expenses from the 1\ franchise increase. If we do not establish some mechanism to fund future rate case requirements, but simply use the funds for general operations, we may find ourselves in an awkward posi tion in future rate cases. However, we can protect ourselves by establishing a rate fund for future rate cases. We propose that Council approve the amended franchise ordinance for TU Electric as presented. Further we propose passage of a second ordinance which would establish a special fund for rate making expenses for future rate cases that TU Electric might request and that the City will need to evaluate. The recommended ordinance provides: 50\ of the 1\ increase for 1993/94 be placed in this Special Rate Making Fundi in 1994/95, 25\ of the increase be placed in the fundi and thereafter annually 1\ of the franchise fee be placed in the Special Fund. Recommendation: It is recommended that the Ci ty Council approve Ordinance No. 1893 amending the TU Electric franchise ordinance and Ordinance No. 1894 establishing and mandating the funding of a Special Rate Making Fund as described above. I I. I I I I I I I -- I I I I I I I. I I ORDINANCE NO. 1893 AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; EXTENDING THE TERM OF SAID EXISTING FRANCHISE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING liliD DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC A~ REQUIRED BY LAW. WHEREAS, Texas Utilities Electric Company (hereinafter called "TU Electric") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds anà rights-af-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body af the City and duly accepted by TU Electric; and WHEREAS, TU Electric has, pursuant to said franchise ordinance, been paying to the City a sum equal to three percent (3%) of its gross receipts from the retail sale of electric power and energy within the City for the rights and privileges set forth in said franchise ordinance and, in addition thereto, has reimbursed the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said franchise ordinance to provide for a different consideration to consist of a sum equal to four percent (4%) of its gross receipts from the retail sale of electric power and energy within the City, which different consideration includes, among other things, TU Electric's obligation to reimburse the City for its ratemaking and other regulatory expenses to be incurred by the City involving the I I. I I I I I I I . I I I I I I I. I I regulation of TU Electric; Now, Therefore, BE IT ORDAINED BY THE CITY , TEXAS: OF THE CITY OF SECTION 1. The consideration payable by TU Electric for the rights and privileges granted to TU Electric by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (4%) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to said gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same time periods as specified in said franchise ordinance and being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment being in lieu of and shall be accepted as payment for all of TU Electric's obligations to pay municipal charges, fees, rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any similar or successor law, or other charges and taxes of every kind, except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. SECTION 2. TU Electric shall make a one-time payment hereunder -2- I I. I I I I I I I re I I I I I I I. I I for the purpose of making the changed consideration as specifieà in Section 1 hereof effective on June 1, 1993, without altering the payment dates specified in said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric, said one-time payment being due and payable thirty (30) days after TU Electric's acceptance of this ordinance as provided in Section 7 hereof, and being a sum calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the most recent franchise payment made to the City prior to June 1, 1993, was based; (b) the said monthly average of its said gross receipts shall be multiplied by 1% (0.01); and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day of the last month of the peri'od for which the most recent franchise payment made to the City prior to June 1, 1993, was made. SECTION 3. Notwithstanding anything to the contrary in Section 1 hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU Electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the effective date hereof in excess of said $4 million. The term "general rate case" as used in this Section means a rate case initiated by TU Electric in which it -3- I I. I I I I I I I 141 I I I I I I I. I I seeks to increase its rates chargeà to a substantial number of its customer classes in the City and elsewhere in its system and in which TU Electric's overall revenues are åetermined in setting such rates. City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000 per general rate case. SECTION 4. Notwithstanding the provisions of Section 1 hereof, TU Electric will continue to reimburse the City's ratemaking expenses, if any, in connection with the appeal and any remand' of Public Utility Commìssion of Texas Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the City's ratemaking expenses, if any I in connection with Public Utility Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public Utility Commission of Texas (i.e., the said Commission's order overruling the last motion for rehearing) in said Docket No. 11735; the City hereby agrees that any ratemaking expenses incurred in connection with said Docket No. 11735 that the City incurs on appeal of said order will be the City's sole responsibility and further agrees - - in the events that the City is a participant in the joint intervention of cities managed by the Steering Committee of TU Electric Service Area Cities intervening in Docket No. 11735, that the City decides to continue to participate with the Steering Committee in such -4- I I. I I I I I I I Ie I I I I I I I. I I appeal of said order, and TU Electric is requireà to reimburse said Steering Committee for ratemaking expenses under Section 24 of the Public Utility Regulatory Act that are incurred on appeal of said order in Docket No. 11735 -- to reimburse TU Electric the City's share of reimbursable expenses related to said appeal and owed by TU Electric to said Steering Committee determined by the methodology chosen by the said Steering Committee (the City to notify TU Electric of the method so chosen by the Steering Committee prior to the submission of an invoice by the Steering Committee for the pa1'ffient by TU Electric of said reimbursable expenses related to said appeal) . SECTION 5. The said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall not terminate as provided therein, but the initial term of said franchise ordinance is hereby extended for a period of fifteen (15) years from and after the date on ·which said franchise ordinance would have otherwise terminated but for this extension. SECTION 6. In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms. SECTION 7. This ordinance shall take effect from and after its final passage and TU Electric's acceptance. TU Electric shall, within fifteen (15) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the -5- I I. I I I I I I I -- I I I I I I I. I I City Secretary in substanti.ally the following form: To the Honorable Mayor and City Council: Texas Utilities Electric Company (TU Electric) I acting by and through the undersigned authorized officer I hereby accepts, on this the ____ day of I 1993, Ordinance No. amending the current franchise between the City and TU Electric. TEXAS UTILITIES ELECTRIC COMPANY By: President SECTION 8. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY OF THE CITY OF , TEXAS, this the day of , 1993. ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney -6- I ~ I I I I I I I - I I I I I I I. I I " ' . .. ORDINANCE NO. 1894 WHEREAS, by passage of Ordinance No. 1893 the franchise rate for TU Electric Company increased from three percent (3%) annually to four percent (4%) annually; and WHEREAS, said Ordinance No. 1893 also restricts the City's financial ability to protest rate increases by TU Electric Company; NOW THEREFORE, in order to provide for funds which will be available for rate protest expenses and in order to protect the general welfare of the city and its inhabitants, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. Fifty percent (50%) of the increase in said franchise fees, occasioned by the rate increase, for 1993-94 and twenty-five (25%) of such increase for the year 1994-95 shall be deposited in a special interest bearing fund designated as a utility Rate Protest Fund. Each year after 1995, one percent (1%) of the total TU Electric Company franchise fees shall be deposited in said special fund. 2. The funds deposited in said Special Fund shall be used in the future, as needed, to defray rate protest expense and related expenses as determined and approved by the City Council. PASSED AND APPROVED this 14th day of June, 1993. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I CITY OF NORTH RICHLAND HILLS I.epartment: Finance. Subject: Award Bl.d for Asphalt Lay-Down Box I I I I I I I I- I I I I I C 'I M . D 6/14/93 ouncl eetlng ate: Agenda Number: PU 93-38 As part of the Long Term Capital needs program, Council authorized the purchase of an asphalt lay-down box to be used by Public Works. This machine is used in the resurfacing of streets and in the preventive maintenance program. The present lay-down box is ten years old. Formal bids were solicited for this equipment and the results are attached. Conley-Lott Nichols is the low bidder meeting specifications. Recommendation: It is recommended Council award the bid for the asphalt lay-down box to Conley-Lott Nichols in the amount of $53,750. Finance Review Source of Funds: !~ Bonds (GO/Rev.) ~ Operating Budget ~ Other Certl..1.l.cates of Obligation ~~gnature . CITY COUNCIL ACTION ITEM Acct. Number 10-01-61-6000 Sufficient Funds Available I Page 1 of I I~ I I I I I I I I- I I I I I I 14' I I ASPHALT LAY-DOWN BOX BID TAB VENDOR AMOUNT BRAND ***************************************************************** 1) Romeo $79,058 Ingersoll-Rand 575T 2) Conley Lott Nichols :~]~il¡~1¡¡ž¡;~[g Lee Boy 8000BH 3) Cooper Machinery No Bid 4) Clemons Tractor No Bid 5) Prime Equipment No Bid I - II_Department: I I I I I I I Ie I I I I I I CITY OF NORTH RICHLAND HILLS Subject: Administration Council Meeting Date: 6/14/93 Payment to the City of Hurst for Pro-Rata Share of Cost for Services of a Consultant Agenda Number: PU 93-39 on the One-Half Cent Sales Tax (Recreation) Legislation - Resolution No. 93-28 The City has joined with the City of Hurst in engaging the services of a consultant on the one-half cent sales tax. The total cost is $18,000. Our share is $9,000. Resolution No. 93-28 authorizes the payment of $9,000 to the City of Hurst for the above purposes. Recommendation: It is recommended that the City Council approve Resolution No. 93-28. Finance Review Acct. Number 09- .75- 0/- e-/YcJ() Sufficient Funds Available I Source of Funds: _ Bonds (GO/Rev.) ., Operating Budget I Other I Department Head Signature CITY COUNCIL ACTION ITEM 1 DIrector Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I RESOLUTION NO. 93-28 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to pay to the City of Hurst the sum of $9,000 as reimbursement for the services of a consultant who represented both cities in connection with the legislation dealing with the one-half cent sales tax (recreation). 2. The said sum of $9,000 is hereby appropriated from Account No. 09-75-01- 4800. PASSED AND APPROVED this 14th day of June, 1993. APPROVED: Mayor A TIEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I II Finance ·eoepartment: I S bject" Award Bid for u · for Library CITY OF NORTH RICHLAND HILLS Microfiche Reader/Printer C 01 M . D 6/14/93 ouncl eetlng ate: PU 93-40 Agenda Number: I I I I I I I Ie I I I I I I In the 1992/93 budget, Council appropriated funds for the purchase of a microfiche reader/printer for the Library. bids were solicited for this equipment with only one bid received. Formal Mino-Micrographics submitted a bid of $5,844 and meets the specifications. Recommendation: It is recommended City Council award the bid to Mino-Micrographics for the microfiche reader/printer in the amount of $5,844. Finance Review I Source of Funds: Bonds (GO/Rev.) _ e Operating Budget X I : U. epartme ad Signature I CITY COUNCIL ACTION ITEM Acct. Number 01-99-01-6999 Sufficient Funds Available Page 1 of I I ~ Finance ..epartment: 5 b' t Award Bid for HVAC units for the u Jec . I · ~o11ce uepartrnent I CITY OF NORTH RICHLAND HILLS . C '1M' D 6/14/93 - ouncl eetlng ate: PU 93-41 Agenda Number: At the June 8, 1992 meeting, council approved the participation in the county-wide Automatic Fingerprint Identification System, and authorized the purchase of the equipment (GN 92-69). The room this equipment will be installed in will need to be equipped with a HVAC unit to better control the climate. The Building Maintenance Division has determined two additional units in the Police Department need to be replaced. Formal bids were solicited for three units, and the results are attached. TD Services is the low bidder meeting specifications. Recommendation: It is recommended City Council award the bid to TD Services for the HVAC units and installation in the amount of $24,997. Finance Review 06-99-01-699Q Acct. Number 06-01-02-3400 Sufficient Funds Avai lable I' _ Bonds (GO/Rev.) _ Operating Budget ---x- Other _____ I ~~m~~ . J 1./ WV ŒeJp~:;U; Signature I CITY COUNCIL ACTION ITEM . F nce Director Page 1 of I I e I I I -tc -tc -tc -tc I -tc ~ 0'\ :t~;:~:~: M-tc (' 0'\ ~:m{ rd-tc 0'\ 0 ~:ó\} +J-tc ::::::::~:: O-tc \D 0'\ ::~:::: 8-tc M N :~mt I -tc IJ)- IJ)- -tc -Ie -Ie +J-Ie I .~ -Ie CiC ::J-tc ~ 0 (' -tc (' 0 ~ 0 S::-tc \D (' M 8 H O-tc I Z CJ8iC N ~ 0'\ ~~ iC N ~ ~ N-tc o{J)- IJ)- 'f.I)- ~C ~-tc Ie 8 iC ~~ca iC <ø< iC ~~8 ..¡JiC ~ c::>c · r4 -tc 'Ö s:: H S::iC 0 0 OJ 0 ~tJca ::JiC 0 0'\ 'Ö..¡J I ~~ -Ie ~ ~ ~ 0 S::-tc MN H O-le (' (' U~ ~ CJ8iC 'f.I)- 'f.I)- s::" OJ OJ OJ 0 -tc .r-i ~ U) U} U} ~ M-tc s:: c: c: I -tc 0 0 0 -tc a. a. a. -tc U) U) U) ..¡J-tc OJ Q) OJ · r4 -tc ~ ~ ~ I S::-tc 0 0'\ 0 ::J-tc 0 0 co 0 0 0 U) -Ie 0 0'\ \.0 Z Z Z H S::-tc ~ QiC (' \D l!) <8iC 'f.I)- 'f.I)- 'f.I)- I -tc :>. MiC s:: iC rd C" iC a. c: iC M a .r4 iC ctj 0 ~ I iC U CJ OJ -tc .~ OJ -tc s:: OJ s:: iC ctj U) U .r4 iC ~ OJ U) .r-f C" I -tc U ,.... OJ > ~ s:: iC OJ rd U ~ .r-f ~ iC ::E: CI) -r-i Q) ..:x: iC > U) Q) iC ~ ..c:: ~ (J ~ iC Q) (J Q) s:: .r-i .~ Ie iC ~ OJ C/) ~ ..¡J a iC (J +J Q U :>. iC Q) s:: 0 ~ ~ ~ iC Q ~ 8 co ~ µ.. iC I iC iC iC M N M ~ LO \D I I CITY OF I NORTH RICHLAND HILLS I "Department: Finance Council Meeting Date:6/ 14 /93 Subject: Reject Bid on 1993 Van for utility Billing Agenda Number: PU 93-42 I I I I I' I' I lìe I I' I I I I At the March 22, 1993 meeting (PU 93-25), Council approved Phase I of the telemetric meter conversion program. This program included the purchase of a van that will contain the computer equipment necessary to read the telemetric meters. Formal bids were solicited for a 1993 van, with only one bid received. Classic Chevrolet quoted $19,244 with sixty days for delivery. The delivery time is un-acceptable since the van is needed as soon as possible to have the computer equipment installed. Recommendation: It is recommended City Council reject the bid submitted by Classic Chevrolet in the amount of $19,244. Finance Review I Sou.ree of Funds: Bonds (GO/Rev.) '. Operating Budget I O~A~~ V ~a';~~~ignature I CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . FI ~e Director Page 1 of I CITY OF NORTH RICHLAND HILLS I _epartment: Subject: Adm; nj stration _ Council Meeting Date: 6/14/93 Purchase of Van for Telemetric Meter 'RPr4rliT1Q' Rl]1];pm~nt Agenda Number: PU 93-43 I I I I We received one bid for a van in which to install automatic meter reading equipment. This bid had a delivery date of 60 days. The installation of the equipment will take four to six week after delivery. We need this equipment sooner than the bid date. This past week, June 3, 1993, we purchased a van equipped as needed. It was delivered to the American Meter Factory in West Virginia through arrangements made by Hudiburg Chevrolet. The cost of this van was $18,931. Recommendation: It is recommended that City Council ratify the purchase of an Astro Van from Hudiburg Chevrolet in the amount of $18,931. e Source of Funds: Bonds (GO/Rev.) _operating Budget Other Finance Review Acct. Number Suffic· nt Funds Available . F,"ance,ð~eC'tor ~/~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of JUN-07-'93 MON 16:36 ID: I TEL NO: Þ488 P01 , ~ Q . {t . ~ " f 6.; 4.1 ~ w . u u ~ 1 _VICE POLICY/SALES CARD -- . . - -- - - ..-.. -- srOCK NO. 168 HUDIBURG CHEVROLET -GEO Loop 820 at Crapevine Hwy. Ph"n. (817) 485.0400 Metra 498-2400 FORT WORTH. TEXAS 76180 FAN. 0713'\'8HICLE BUYERS ORDER Cl~7 of Nortb RtchIand Billa loE^GE I () TICIPA TED L IVERV DATE __. SALe:~ *1 . UaV1S SALESMAN 12 *729 :UEO .....: I RCHASeRS ME~ ~p CODE DATE 8US. Pl-fONfi: DRESS~ P.O. Bo:. 820609 CtTVN.Rlcbland Bll1"ATe:~ Tex.. A~S.PWON~: Purchaser agrees. subject to apPiOval by Sallar Sales Manager. to purchase from Seller under Ihe larms and conditions specified the f0l10wirtg: I !AR 1993 MAêi.eyrolet MODEL ~~'A.tro co. ate Clot. ~RI"'L NO. 1GND.19Z3PB18016G I lalNE NEW T....2 8-3-93 Delivery of this automobile is accepted by Pur- chaser subject to credit approv.1 bY . flnencing Institution and tn the event of a Creellt reJ)ott unacceptilble to the financing inatitution, the Pur- chaser will retum the automobile herein described immediately to the Dea'er, if Dealer h.. ~r.vlou.ly elected to deliver the automobile to Purcha.er. No delivery prior to financing approv81 is required. This order doe. not constitute an agreement for th. extenelon of credit, nor Is thl. oreler _ retail Installment sales contnlot. Buyer ...um.. re- spon.lblll~ far any difference in pay-off In exceu of amount shown below J and will pay such differ- ence In cash on dem.nd. If not .0 ~Id. Buyer authorizes Deal.r, at Dealer'. option to Inc...... the month.~ payment. and contracl IHII.nee to cover the difference and fin."ce charg.. thereon. The annual finance rate charge simple rate on 'hi. contract 18 percent per y..r. CASH PRICE DEMONSTRATOR USED ~U(P~fNY' Seats lRADEIN 01".. . TAX LICENSE TITLE FEE DOCUMENTARY $ FE¡¡ DEPU1Y FEE TAAD~ IN CUP llC ACT STAT& INSPECTION SUB TOT A L PAYOFF SUB TOTAL REo~ATB 13.23 Rea.. Axle Ratio 1.3 Liter Y& Ga. En Ine ctrtc Rø~tø EKterlor rrors A DOCUMENTARY FEE 19 NOT AN OFFICIAL FEE. A DOCUMENTARV FEE! IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYEFlS FOR HANDLING DOCUMENTS AND PERFORMING SER- VICES RELATING TO THE CLOSINO OF A SALE. BUYERS MAY AVOID PAYMENT OF THE FEE YO THE SELLER BY HANDLING THI! DOCUMENTS AND PI!RFORMING THE SERVICES RELATING TO THE CLOSING OF THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED $25. THIS NOTICE IS RE- QUIRED BY LAW. I I ttAW AlAO Ytt' .-.", TTEA ON THE aAC« HIERE.OF AND AGREE TO IT AS A PAfIT OF THIS OftDEft THe SAM. A& If' rT wE'" PAlNTIO AIOVE MY SIOfIA TUft.. THE FRONT AND BACK HEREOF COMP"'E THE ENTa" A~IM"'T APPa;TING Tnt. OAOEA "NO NO OTHÞ ~CftEEMENT OR UNDERST MOINa OF ANY NATURE QONDEANING BAUE HAB BEEN MADE OR ENTEfED INTO. I CERTlI'Y THAT I AM OF LEGAL AGE AND Tt1.. OMJeR ., SUlUeOT TO . CôRRItCTION OF U. ,.WEMA TICAL ERROR ItV OUR OFRCIã. NOTtc8 TO MlWIII 00 not .ltan t".. ..""".... ..... ,... ..... It .. H .. .......1... _nt ....." ~* to'" fill.. in. V.., .r. tñtidH... ..."..a.ev .ltaN 1ft eepy.. ..... .........-m. If ,_ ..Hi..... in tM fIIIIWI"MaA~ .. YMI. obIIt.aon. under ttv. ...,...,....... the V.bk* m~ .. r8pHMued .,,0 ~ ...)' III! ~ to ..it .xi lillNiity for t.. u..... ...-.....eM evldenMd _ aha. ..........,.. Un... . ...... .. ........1" thIS I118metnent for public lillbilil, Dr p~ d....... Mewrence, N~ for ..h GIMI,.ge is naI pravilMd br t.. "'"Ment. P.o.. IJnalte 111 lie Cloth Trl. NON):: 1 HADI:. 1 N: MAKL MI~aE .... -.., ..- I X;eSSOAIE$ DUE CUS'tOMEA! VlAR øoov MI.. TO PINANOE MODEL PHYSICAL 0MuB1E IWMJIUNCIi UOHTMS - DfDU0118LEc aeRIAL" I NONE ue" /JCC.CEp.¡( .. HEAlTH INI. MONTHS - STfCI<.ER , etXP I MONTHS A. T I CAerr UF! .Ñ$UAIuIIC& ==~ l JClM' ( ] 8&OINNINO MIICMAoNICAL. ~A'Ytœ CONTRACT T"ERN UI;N:.. ... __. I L....UTV I NSURAHCi UONTHS- LIM(TS - I DRAFT T~RU: TOTAL INSURANCE ~At. P......TES TO U TAANSFutAI!~ TeaL.AI JIll".. I I I I I I I I I Ie I I I I I I CITY OF NORTH RICHLAND HILLS ~ Finance W'epartment: Reassignment of Bid for Network Software Subject: Agenda Number: Community Services, Fire Administration, Environmental Services, and the Police Department have installed computer networks in their department. Software packages are needed by all the departments to complete these networks. Formal bids were solicited for the software and at the April 12, 1993 (PU 93-33) meeting, Council awarded the bid to ComputerLand in the amount of $9,191. Council Meeting Date: 6/14/93 PU 93-44 Before the request was submitted to Council, Purchasing reviewed the bids and a representative of MIS discussed the bid specifications in detail with the sales representative from ComputerLand to confirm they were offering the correct software. ComputerLand assured MIS they understood the specifications and the quote submitted met these specifications. The first shipment of software received did not include two items listed on the bid. The sales representative that submitted the bid is no longer with the company. After several conversations with Customer Service it was discovered the quote did not include the software that is required. The Branch Manager of ComputerLand offered the software required at an additional cost. ComputerLand did not meet the minimum specifications of the software or meet the stated delivery time, so Staff feels the bid awarded to ComputerLand should be canceled and awarded to the next low bidder. The next low bidder is no longer in business, making Choice Solutions the next lowest bidder at a cost of $12,250, with a delivery time of five days. A bid tabulation is attached for Council's review. Funding Source: 07-01-00-6300 $4,600 01-35-01-4625 1,175 01-00-00-6000 2,625 01-35-01-4800 3,850 ------ $12,250 ------ ------ Recommendation: It is recommended City Council cancel the order to ComputerLand and award the bid to Choice Solutions in the amount of $12,250 for network software. I Source of Funds: _ Bonds (GO/Rev.) . Operating Budget Other -x- Finance Review Acct. 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Z :J ,II ~ ...... a:: U < UII 0 Z (1)11 "'- u :J I :E: -J 0:: ·W < entl .... 0 ,II 0:: N t- ~ W N> w , ~ -J W U -J -J < Cl. 0:: t- ex -J -J Q. en W 0 -J U :E a (l)W u -J 5: < 0 :J ex Q. w 0:: :Jen W "'- < W ~ 0::: .... > U 0 .... 0:: ~ > z u 0 0 c 0 U 3 0- u 0 W u :3 -J Z -J "'" a u z N ~ ...; ~ ~ cO 0:- a .... I Ln .... .... I I ~ CITY OF NORTH RICHLAND HILLS Department: Public Works ~ Council Meeting Date: 6/14/93 Approve Change Order No. 1 for Hightower Box Culvert Improvements @ Calloway Branch Agenda Number: --EW 93-20 ubject: Change Order No. 1 is for installa~ion of a pedestrian detour to the north of the project on a temporary basis. The detour would be installed just prior to school beginning on August 18th and maintained until the new box culvert can be safely crossed. The attached sketch depicts the proposed detour. The cost for Change Order No.1 is $6,400 with no increase in the bid time. With approval of the change order, the new contract price for the project will be $289,930.88. Fundina Source: Funds may be appropriated as shown below. From: 1992/93 Orawdown Funds $6,400 To: 13-37-92-6000 Hightower Box Culvert $6,400 Recommendation: The staff recommends the Council approve Change Order No. 1 for this project in the amount of $6,400 and the transfer of funds as indicated above. Source of Funds: Bonds (GO/Rev.) Operating Bud Oth Finance Review Acct. Number See Above Sufficient Funds Available . Fmance Director Head Signature CITY COUNCIL ACTION ITEM Page 1 of I- I. I I I I I I I Ie I I I I I I I f' I LI\ J1 HUMPHREY & MORTON n V I CONSTRUCTION COMPANY, INC. liJaff 27} 1993 nLchand W. ALbLn} 9.[. KnowLton-[n~LL~h-FLowen~} Inc. /901 Centnal Òn.} SULte 550 Bedfond} 7exa~ 76021 ~e: HL~htowen ÕnLve Box CuLvent Impnovement4 Chan~e Onden No. I Òean R Lchand} In ne4pon4e to oun dL4cu44Lon about the pede4tnLan detoun on the above ne/enenced pnoject} we ane happy to ~uote the t.oLLowLn~ wonk. In accondance wLth the dnawLn~4 we neceLved Inom Nonth RLchLand HLLL~} we pnopo~e to: I. ReLocate eXL~tLn~ ~L~e to the nonth 2. I n4 taLL !¡./I type II ïlfJrAC waLk and aLL nece44any eanthwonk ton the Lump ~um RnLce 0Æ $ 6}4oo.oo /he nemovaL4 and hauL 011 ane aL40 Lnconponated Lnto thL4 pnLce. We leeL that wLth ~ood weathen and no 4cheduLLn~ conlLLct4 that the box cuLvent con4tnuctLon couLd be co~Leted Ln tLme Ion the 4tant 0/ 4chooL} whLch couLd be open to foot tnallLc. WLth that beLn~ the ca~e} Chan~e Onden No. I wouLd not be needed. II you have any ~ue4tLon4 concennLn~ the4e tOpLC4} pLea4e leeL ¡nee to caLL. eL }-yn ~///. KLutð P.O. BOX 8047 · Fort Worth, Texas 76124 · TELEPHONE 817-478-8088 . METRO 572-1865 . FAX 817-561-2368 I I. I I I I I I I f") '" t6 x Ie I I I I I I I " I í:~ ~ .",-x t~l 0, .; ----' ~ x ''', I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Change Order No. 3 for Bursey Road P;:IvinO ;:Inri nr;:lin;:lOA Imrr()VAmAnt~ Agenda Number: PW 93-21 Council Meeting Date: 6/14/93 Subject: This change order is for installation of three special curb inlets in-place of three standard curb inlets. The special curb inlets were needed due to requirements for clearance around the existing Lone Star Gas transmission line in the south parkway between the Senior Adults Center and Londonderry Drive. In order to provide a minimum of two-foot of clearance, we are installing an inlet with minimal structure behind the curb towards the gas main. The cost for Change Order NO.3 is $6,340.00 with no increase in bid time. With approval of the change order, the new contract price for this project will be $1,730,483.22. Fundina Source: Funds may be appropriated as shown below. From: 1992/93 Drawdown Funds $6,340.00 To: 1 3-1 5-87-6000 Bursey Road Improvements $6,340.00 Recommendation: The staff recommends Council approve Change Order No.3 in the amount of $6,340.00 and the transfer of funds as indicated above. Finance Review Source of Funds: Bonds (GO/Rev.) Opera i 9 Budget Othe . Finance Director nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I. I I I I I I I Ie I I I I I I I ~ I KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas May 26, 1993 Mr. Greg Dickens, P.E., Director Public Yorks Department 7301 N.E. Loop 820 North Richland Hills, Texas 76180 . , RE: 3-341, CITY OF NORTH RICHLAND HILLS, BURSEY ROAD IMPROVEMENTS, MODIFIED CURB INLETS, CHANGE ORDER NO. 3 For your consideration, we enclose the original copy of the referenced document, offered by the Contractor and recommended by K-E-F, Inc. If you concur with the proposed revisions and associated costs, please sign the Change Order and return it to this office for distribution. Please call if you have any questions. {~ 1-/ ~ Donald H. Canton, P.E. DHC/dc/co3 Enclosure 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I I. I I I I I I I Ie I I I I I I I I· I K-E-F NO. 3-341 CHANGE ORDER NO. 3 TO THE CONTRACT WHICH WAS DATED DECEMBER 8. 1992 Between CITY OF NORTH RICHLAND HILLS , (OWNER) , (CONTRACTOR) And J.L. BERTRAM CONSTRUCTION & ENGINEERING. INC. For BURSEY RJAD - PAVING AND DRAINAGE 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: This Change Order No.3 covers the cost of modifying 2 standard 20 ft. curb inlets (Sta. 29+65.59 and Sta. 43+65) and 1 standard 15 ft. curb inlet (Sta. 47+48) to a 5peciaì inlet design per the attached detail. This also covers the cost of moving the inlet at Sta. 47+48 to Sta. 47+33. Subtract the following bid items: BID BID ITEM DESCRIPTION UNIT PRICE QUANT. TOTAL COST 22D. Std. 15' Curb Inlet EACH $2,270 1 $2,270.00 23D. Std. 20' Curb Inlet EACH 2,900 2 5,800.00 TOTAL COST TO REMOVE . . . . . . . . . . $C8.070.00} Add the following bid items: BID BID ITEM DESCRIPTION UNIT PRICE QUANT. TOTAL COST 43D. Special IS' Curb Inlet EACH 4290.00 1 $ 4290.00 440. Special 20' Curb Inlet EACH 5060.00 2 $ 10120.00 TOTAL COST TO ADD . . . . . . . . . . . . . . . $ 14410.00 TOTAL COST OF THIS CHANGE ORDER NO. 3 . . . . . . $ 6340.00 Contract time shall remain unchanged with these revisions. Page 1 of 3 I I II· I I I I I I Ie I I I I I I I (' I --1 r---- -~--1 ,---- ---, _-~ L-- ----~ L---- ---~ ~_J '-_J ¡LONGITUDINAL BfAM)--l 1--- l-- CROSS BEAMS---1 I L_______----' L_____ - - ..., I I I --~ FACE OF CURB #~ x 2' TOP MAT OF" SLAB #6x2' BOTTOM MAT OF SLAB " 5' TYP.') 12" 5' /(TYP.) 8" l McK I "LEY N20H AT DOWNSTREAM END OF I "LET n 10' IllET OVERALL LEIGTH = 12'-1w 15' IllET OVEIAll LEIGTH = 17'-9" 20' IllET OYERALl LEIGTH = 23'-7· SCALE: iff =',") (TYPICAL BEAM SPACING) PLAN II TOP & BOTTOM SLABS, -,~'s AT 6", "U· SHAPED BARS BEND DOWII 118 3' _ I" II ,TOP & BOTTOM SLABS l6's . 6 FIe TO' , 10TT«*, ,. THICI ~lABS Z - ,~'s tOIT. ~ r--- ----ïIJ STIRRUPS AT 18- 2 - II¡' s CON TINUOUS ~ _____ Z - 16' s III EACH CROSS BEAM .U. SHAPED BARS BEND DOWl 12" ClOSS BEAM lOIGITUDIIAl BE~ 2'~O" IJ . 18 E.V. (BOTH fACES, BOTH WAllS ¡ ~ BOTH ENDS) 3'-3" CROSS SECT I ON stALE: 3/4" = " _0·' 2-''''5 PARALLEL WITH TOP SLAB BURSEY ROAD SPECIAL CURB INLET DETAIL CITY Of NORTH RICHLAND HILLS TEXAS IJ STIRRUPS AT 12" Z - " ~s PAIALLEl VITH BEAM BOTTOM .. ( l~ ,... .....-..., ._ -- .-.a.. K~\VlT()N-E~lISH-flOWERS. INC. 2 -16' s. ·U· SHAPE (liTO VALLS 12-) CROSS BEAM SECTION ..... ... ..".... Mft UfI.. ~ _..-. rr _caao rr- I I. I I I I I I I Ie I I I I I I I {' I CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: "-. . ^ J -----.. ,_ ..~ /.-" -- ,,-. ð ~ ---- J ENGINEER'S RECOMMENDATION OF ACCEPTANCE: ~r:LU- f/~ ~ By: OWNER'S ACCEPTANCE OF CHANGE: By: Page 3 of 3 Date: Date: Date: K-E-F NO. 3-341 Change Order No. 3 fV1 A '1 "2 5"'1199 ~ ~..~,,-,q3 I I I I I I I I I I I I I I I I I II CITY OF NORTH RICHLAND HILLS Department: Public Works . Council Meeting Date: 6/14/93 Approve Change Order No. 1 R for the Municipal Complex Drainage Channel & Teenal Blvd. Paving Imorovements Agenda Number: PW 93-22 Subject: This change order is for installation of new 1 0 foot high chain-link security fence with barbed wire outriggers and razor-wire strand along the north side of the concrete channel behind the Animal Control Center. Also, the additional footage to completely enclose an area for the Auto Pound expansion is included. The cost for this change order is $20,020.00 with a 10 calendar day increase in the bid time. With approval of the change order, the new contract price for the project will be $480,871.12. Fundina Source: Funds may be appropriated as shown below. From: 01 -00-00-431 3 Police Escrow - Abandoned Autos $20,020.00 To: 1 3-90-02-6000 Municipal Complex C·hannel Improv. $20,020.00 Recommendation: The staff recommends Council approve Change Order No. 1 R for this project in the amount of $20,020.00 and the transfer of funds as indicated above. Source of Funds: Bonds (GO/Rev.) OperatinD Budget Othef!lj Finance Review Acct. Number See Above ient Funds Available . Finance Director nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I. I I I I I I I Ie I I I I I I I I· I KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth- Dallas I· . - !!! \ . ¡;.J J June 3, 1993 , . ¡. ,~ : ¡ 1\ '\ ,\U Ù ............../. Mr. Gregory W. Dickens, P. E. , Director of Public Works City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 Re: 3-335(b), CITY OF NORm RIClILAND HHLS, C-33 CHANNEL AND TECNOL BL YD. PA VlNO IMPROVEMENTS, CHANGE ORDER NO. lR Enclosed is Change Order No. lR to the above referenced project which has been signed by the Contractor (Humphrey & Morton Construction Company, Inc.); by the Engineer (Knowlton-English-FJowers, Inc.) and now requires Owner's execution. This Change Order \\as made necessary at the request of the Owner to extend the 10' high chain-link security fence with barbed wire outriggers along the top of the north wall of the proposed concrete channel liner on each side of the relocated security fence already proposed in the project. It also includes installing additional 10' high chain-link security fence with barbed wire outriggers where required by Owner and a portion of the originally proposed 6' high chain-link fence along the west curb of the proposed double 8'x7' box culvert as directed by the Owner's Project Representative. After final approval by the council, please send us a fully executed copy for our files and for transmittal to the cont ··actor. Should you hav,e any questions in this regard, please call. JVS/bvg Enclosures xc: Mr. C.A. Sanford, Deputy City Manager Mr. Kevin Mi1ler, P.E., Assistant Director of Public Works Mr. Mike Cur~is, P.E., Staff Engineer Mr. Larry Cunningham, Director of Finance Mr. Ken Matheson, Street & Drainage Project Inspector 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I I. I I I I I I I Ie I I I I I I I I· I K-E-F NO. 3-335(b) CHANGE ORDER NO. IR TO THE CONTRACT WHICH WAS DATED JANUARY 11. 1993 , (OWNER) , (CONTRACTOR) Between THE CITY OF NORTH RICHLAND HILLS HUMPHREY & MORTON CONSTRUCTION COMPANY. INC. And For C-33 CHANNEL AND TECNOL BLVD. PAVING AND DRAINAGE 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. Additional cost to the Contract for installing similar type 10' high chain- link security fence with barbed wire outriggers (Fence Type "C") along top of north wall of proposed concrete channel liner between approximate centerline stations and offsets as follows: A) Center Station -(8+10.5), 13.5' Lt. to Centerline Station -(7+63), 13.5' Lt. and B) Centerline Station -(2+09), 13.5' Lt. to Centerline Station -(1+11.29), 13.5' Lt. to Centerline Station -(0+06.92), 8.88' Lt. All costs associated with the fence fabric, posts, PVC sleeves, grout, additional concrete depth for post footings in liner wall, hardware and accessories to completely install the proposed "new" Fence Type "c" in accordance with the details shown in Plan Sheet No.9, additional locations as required by Owner and as directed by the Owner's Project Representative shall be included in the Proposal price bid for this new item. 2. The 47.5 L.F. of 6' high chain-link fence (Fence Type "A") proposed to be constructed along top of north remainder portion of proposed concrete channel liner between approximate centerline station -(8+10.5), 13.5' Lt. to approximate centerline station -(7+63), 13.5' Lt. shall be installed along the proposed west curb of the double 8'x7' box culvert as directed by Owner's Project Representative. No additional cost for this item change will be included in this change order. Add the following new bid item: ITEM NO. DESCRIPTION OF ITEM TOTAL UNIT PRICES WRITTEN IN WORDS QUANT. OF UNIT SPEC. REF. (TOTAL PRICE)/UNIT EXTENSION 160. 10' High Chainulink Security Fence with Barbed Wire Outriggers to be Installed Along Concrete Channel Liner on Posts Similar to Fence "Type C" 385 l.F. --See Above-- For: FIFTY-TWO Dollars & NO Cents ($52.00)/ L.F. $20.020.00 Page 1 of 2 I I. I I I I I I I Ie I I I I I I I ~ I K-E-F NO. 3-335(b) Chanae Order No. lR The Contract is modified as follows: Ori g i na 1 Contract ................................................... Previ ous Change Orders .............................................. This Change Order No. IR............................................. Total Contract Amount Including Change Orders ....................... $460,851.12 0.00 20.020.00 $480.871.12 Contract completion time shall be increased by 15 days because of this change. Date: t-s-r3 "--' ENGINEER'S RECOMMENDATION OF ACCEPTANCE: By: ¡Qr W, Date: to· 4--q3 OWNER'S ACCEPTANCE OF CHANGE: By: Date: Page 2 of 2 / / ,,/ ." ,/,/' ,/ .I I x 613.0 I J x 61 x 61 1 . e II J ~~: ,~z,Oò x 509 . 6 x 508 . 7 x 50~ \ r \\ \ CITY OF NORTH RICHLAND HILLS Department: ubject: Public Works ~ Council Meeting Date: 6/14/93 Agreement with DART for Walker's Branch C"'ann~1 Imrrn\/AmAnt~ ~rlj~~Ant to Stonybrooke Agenda Number: PW 93-23 South Addition (TCC-621 .84) - Resolution No. 93-25 Resolution No. 93-25 authorizes the Mayor to execute the agreement which grants the City a license to build concrete channel liner improvements under an existing railroad trestle just downstream of $tonybrooke South Addition and on the upstream side of Amundson Road. The agreement with Brushy Creek Enterprises, Inc. approved on January 25, 1993 (PW 93-01) requires them to escrow with the City $89,000 to cover this construction cost. Brushy Creek Enterprises, Inc. will escrow the funds prior to being issued any permits on lots currently in existing floodplain. The agreement has several clauses which could require the City in the future to have to fund further improvements to the drainage facilities at this location. These clauses are 13.02, 14 and 20. Clause 1 3.02 deals with the removal of our repair work. Clause 14 deals with the relocation benefits. Clause 20.02 deals with termination of the agreement. A memo from Rex McEntire, Attorney for the City, concerning the license agreement is attached for your information. If the agreement is approved by Council, staff will require the developer, Brushy Creek Enterprises, Inc. to escrow the $89,000 before the agreement is returned. Fundina Source: There is no cost for the license agreement. Recommendation: The staff recommends approval of Resolution No. 93-25. Finance Review Acct. Number Sufficient Funds Available nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I I· I I I I I I Ie I II I I I I I f' I RESOLUTION NO. 93-25 that: BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS, The Mayor be, and is hereby, authorized to execute the agreement between the City of North Richland Hills, Texas and Dallas Area Rapid Transit concerning the concrete channel liner improvements on Walker's Branch Channel in DART right-ot-way just downstream ot Stonybrooke South Addition, a copy ot which is attached to this resolution, as the act and deed ot the City of North Richland Hills. PASSED AND APPROVED this 14th day of June, 1993, A.D. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND lEGALITY: Rex McEntire, Attorney for the City I I 1__ /. ,",' '. I ! lìì i I ! i /-t , \ ) I: '~ I I I I -. 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J ~ : J,n .c ~. ø ~ · I , r - _! ~H~S _J ~ 6~Ç\1..QV6r1 ~~~Tt ~ --;----:-' \1'l.0 J Ù~r.¡E"( II ~ 4 '., . , '2. 5 1,0 ~!~ '-', I ":.., 1+~~~14·- 0:- ~ ~tñ~ · '"' lei I I . ~ 1 . I ~ .~, If - 1 I _ 7~ -._ - - . .. - . í ? l' .. . a "A I . - It. I I City of X>rth Richland Hills I· I I I I I I Ie I I I I I I I i' I June 7, 1993 To: Director of Public Works From: Attorney for the City Subj: License Agreement with DART (Walker Branch Trestle) 1. This license agreement for concrete channel liners in being offered to us free. The prior owner (the Railroad) wanted a substantial payment just for the license. 2. The form of the License Agreement is something we are stuck with if we want to go through with the project without condemning the right of way and paying for it. 3. You and I have discussed various portions of the agreement which are not fair from our point of view. We need to point out to the Council the dangers that lie in the cancellation clauses, the removal clauses, relocation clauses and the repair clauses. You and I have pursued the matter of getting these clauses changed or eliminated through negotiation. It is not possible. 4. If we wish to construct this improvement with a free license from DART, we need to go into it with our eyes open as to what the future can bring. Actually, it is a much better deal overall, than we were offered by the Railroad. (817) 281-0041 · 7301 N.E. lOOP 820 · P.O. BOX 18609 · NORTH RICH lAND HillS, TEXAS 76180 Property, I CHANNEL 0 DOCjms I I I· I I I I I I Ie I I I I I I I if AGREEMENT # LICENSE AGREEMENT THIS Agreement, made by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority, created, organized and existing pursuant to Article 1118y, V.A.T.C.S., as amended (the IIAct") and the CITY OF NORTH RICHLAND HILLS, a municipal corporation, (IILicensee"), acting herein by and through its duly authorized officer, whose mailing address is P. O. Box 820609, North Richland Hills, Texas (76182). WIT N E SSE T H: 1. Puroose. DART hereby grants to Licensee the privilege of constructing and maintaining a concrete channel liner (the "Permitted Improvements") under the existing Walkers Branch railroad trestle on property owned by DART at Mile Post 621.84 in North Richland Hills, Tarrant County, Texas at the location set out on the plat marked Exhibit "A" attached hereto and incorporated herein (the "Property"). 2. Nature of Permitted ImDrovements. The Permitted Improvements shall be constructed and maintained on the Property in conformance with the Construction Plans submitted to DART on March 30, 1993 for approval, prior to commencement of any construction, and by reference is incorporated herein. 3. Term. The term of this License shall begin on the first day of July, 1993 , (the "License Date") and continue thereafter until terminated as provided herein. 4. Consideration. As consideration for the granting of this License, Licensee shall perform at its own expense all construction and maintenance of the Permitted Improvements, including keeping the drainage channel free of brush and debris. 5. Non-Exclusive License. This license is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by DART, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by DART to any individual, corporation or other entity, public or private. 6. Construction. Ooeration and Maintenance. I 6.01. All construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way with the operations of DART or other railroad operations, if any. a 6.02. copy of Prior to commencing construction on the the construction plans showing the exact 1 I I I· I I I I I I Ie I I I I I I I -- location, type and depth of the construction, and any working area, shall be submitted for written approval to- DART and the operating railroad, (the "Railroad", whether one or more, when the construction is going to be within the area of Railroad operations). Such approval shall not be unreasonably withheld. 6.03. By acceptance of this. License, Licensee agrees to 'construct the Permitted Improvements in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's. use of the Property under this Agreement. 6.04. Absence of markers does not constitute a warranty by DART that there are no subsurface installations on the Property. 7. Governmental ADDrovals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses , permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 8. DART's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed DART's Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to DART. 9. Dutv of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property' owned by or under the control of DART. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or such adj acent property, the Licensee and/ or its contractor shall immediately replace or repair the damage at no cost or expense to DART. If Licensee or its contractor fails or refuses to make such repair or replacement, DART shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to DART upon demand. 10. Environmental Protection. 10.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any laws pertaining to health or the environment, in9luding without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. 10.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of· any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to insure that no such I CHANNEL. DOCjms 2 I I I· I I I I I I Ie I I I I I I I ,. hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 10. 03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA¡ PROVIDED, HOWEVER, that in the event ei ther CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effecti ve date of such amendment ¡ and PROVIDED FURTHER, that to the extent that the laws of the state of Texas establish a meaning for "hazardous sUbstance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. . 10.04. Licensee shall indemnify and hold DART and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this Agreement. 11. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or m~terials furnished to the Property at Licensee's instance or request. 12. Maintenance of Completed Improvements. After the Permitted Improvements have been constructed, they shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintqin the Property as required, upon discovery, DART shall notify Licensee of such occurrence in wri ting. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, DART shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by DART upon demand. 13. Future Use bv DART. 13.01. This License is made expressly subject and subordinate to the right of DART to use the Property for any purpose whatsoever. 13.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its sole discretion, determine that the removal or the repair of the Permitted Improvements shall be necessary or convenient for DART's use of the Property, Licensee shall, at its sole cost and expense remove or make repairs to said Permi tted Improvements so as not to interfere with DART's or DART's assigns construction or maintenance of the Property. Licensee agrêes to repair any damaged paving in the event the existing bridge structure must be renewed. A minimum of thirty (30) days wri tten notice for the ICHANNEL.DOCjmS 3 I I I· I I I I I I Ie I I I I I I 17.03. Licensee shall at all times protect, indemnify and hold DART and Railroad harmless against and from any I an<:1 ~ll loss, cost, damage or expense including attorney's fees ar~s~ng out of any failure of Licensee, its employees, officers, agents, contractors or assigns in any respect to comply with and .Ala perform all the requirements and provisions hereof. 1- 18. Action Deon Termination of License. At such time as exercise of one or more of the above actions shall be given by DART. 14. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvements on the Property shall be subsequent to the acquisition of the Property by DART and that· the Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by the Licensee. 15. Duration of License. This license shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall remove the Permitted Improvements from the Property; or (c) upon termination in accordance with paragraph 20 of this Agreement, whichever event first occurs. 16. Comeliance With Laws and Regulations~ Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold DART harmless from any failure to so abide and all actions resulting'therefrom. 17. Indemnification. 17. 01. Licensee shall defend, protect, and keep DART and Railroad forever harmless and indemnified against and from any penalty or damage or charge imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors, or assigns, or those holding under Licensee; 17.02. Licensee shall at all times protect, indemnify and it is the express intention of the parties hereto that Licensee hold DART and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any accident or other occurrence on or about the Property, causing personal· injury, death or property damage, except when caused by the willful misconduct or negligence of DART or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any fault determined against DART or Railroad for their willful misconduct or negligence'; ~NEL.DOCjms 4 I I I· I I I I I I Ie I II I I I I I f' this License may be terminated or cancelled for any reason whatever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property to the condition existing at the date of execution of this License, at Licensee's sole expense. 19. Assianment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of DART which DART is under no obligation to grant. 20. Methods of Termination. This Agreement may be terminated in any of the following ways: 20.01. Written Agreement of both parties; 20. 02. By either party giving the other party thirty (30) days written notice; 20.03. By either party, upon failure of the other party to perform its obligations as set forth in this Agreement. 21. Miscellaneous. 21.01. Notice. When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: DART: Dallas Area Rapid Transit P. o. Box 660163 Dallas, Texas 75266-7230 ATTN: Manager of Right of Way LICENSEE: City of North Richland Hills P. O. Box 820609 North Richland Hills, TX 76182 ATTN: Director of Public Works Either party may from time to time designate another and different address for receipt of notice by giving notice of such I change of address. 21.02. Attornev Fees. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 21.03. Governinq Law. This Agreement shall be construed under and in accordance with the laws of the state of Texas. 21. 04 · Entiretv and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the lHANNEL. DOCj ms. 5 I I I· I I I I I I Ie I I I I I I I ~ Property and the matters addressed herein, and may be amended or supplemented only by a wri tten instrument executed by the party against whom enforcement is sought. 21.05. Parties Bound. This Agreement shall be, binding upon and inure to the benefit of the executing parties and their respective heirs, personal representativ~s, successors and assigns. 21 . 06 . Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this day of 19 LICENSOR: DALLAS AREA RAPID TRANSIT BY: Printed Name: Title: LICENSEE: CITY OF NORTH RICHLAND HILLS BY: Printed Name: Title: APPROVED AS TO FORM: LONNIE BLAYDES Interim General Counsel, DART City Attorney I CHANNEL. DOCj ms 6 I· . I I· I I I I I I Ie I I I I I I I f' II ." r .. . 0 . 0 0>- 0 > ~W~ -.J~ r II en ..... \.II en o II 01 IV u.I 01 o ¡ \ 'Z. lJ) CJ ';Q o \ , ~~ ",. ~Y> .~ 'X>~~ Ç)~ (:)~Ç) ~},~. },~ ~'»~ "\ ~); Ç) ~i>-.Þ ~ '\,,, -0 ::u o "U o en -~ U) U) U) ~ ~ ~ ~ ~ ~ ~ ~ ~ "" ..... . 01. N. _ _. .. 01 UI W .... s:: <'~ / ð~\í \f\ 50' © n x > Z 'Z JT1 r DRAINAGE &. UTILITY E'MNT. © DÅRT Dallas Area Rapid fran"t P.O. Box 660163 Dallas. Tx. 75266-0163 EXHIBIT A attachIœnt to License Aqrearent bet\æen DALI..AS ARFA RAPID TRANSIT and cr'lY OF NORI'H RICHLAND HILLS for Walkers Branch concrete channel liner @ Mile Post 621.84 I CITY OF NORTH RICHLAND HILLS I _Department: Subject: I I I I I I I 7. Ie ~: I I I I I I I Source of Funds: Bonds (GO/Rev.) . A Operati g Budget ., Othe I I Public Works _ Council Meeting Date: 6/14/93 Award of Bid on Rufe Snow Drive Syn~hronizAd Signal System Extension: Mav 1993 Agenda Number: PW 93-24 Bids were received on June 6, 1993 and the low bidders are shown below: Bidder Amount Calendar Davs Bid Time Sharrock Electric Arjang Electric Systems $28,787.00 $ 9,780.00 20 20 The signal systems consists of the following principal items: 1 . Installing compatible system signal controller, furnished by the City, at the intersection with Meadow Lakes; Furnishing and installing loop detectors (amplifiers) and detector loops in the pavement at the Tapp intersection; Modifying or replacing signal heads and/or faces at the Tapp intersection; Furnishing and installing pedestrian signal heads and push buttons at the intersection with the Tapp entrance; Furnishing and installing interconnect cable between Meadow Lakes and Lewis; Implementing system timing contained in the specifications or otherwise modified by the engineer; Installing signal pole mounted traffic signs furnished by the City; Installing or connecting Opticom equipment furnished by the City; and Furnishing and installing all other items not listed above which are needed to provide. the complete traffic signal system extension as called for in the plans and specifications. 2. 3. 4. 5. 6. The signal system extension is required by the Texas Department of Transportation if the City is going to attempt to safely operate the signals at the entrance to the Tapp Addition which is directly in front of McDonald's between Loop 820 and Lewis Drive. If synchronization is not conducted between these four intersections, the Tapp signals will possibly cause a backup of traffic into the north frontage road of Loop 820 and cause some major traffic problems. Fundina Source: Funds may be appropriated as shown below: From: General CIP Drawdown 92/93 $9,780 To: Rufe Snow Synchronized Signal Extension 13-23-07-6000 $9,780 Recommendation: The staff recommends Council award the bid to Arjang Electric Systems in the ~mount of $9,780 for a period of 20 calendar days and approve the transfer of funds as indicated above. Finance Review Acct. Number s~U Funds nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I I_ I I I I I I Ie I I BARTCN-ASCHMAN ASSOCIATES, INC. ~ô30V/es: Free1h3Y· Fort \Vorth. Te~<as 76102 L'Sl\ .1817) 877-5803. Fax: (817) 377-')214 June 8, 1993 Gregory W. Dickens, P.E. Director of Public Works City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 Dear Greg: We have reviewed bids for the Traffic Signal System Extension project and feel like the bid from Arjang Electric Systems and Construction, Inc. is an acceptable although possibly lean bid. We feel that Arjang may have underestimated such items as the construction traffic control, controller replacement, loop amplifiers, and opticom installation completion at Tapp Road. However, it is our opinion that the second bid of $28,787 by Sharrock Electric is very high and that the Arjang bid is feasible. We recommend that the bid in the amount of $9,780.00 by Arjang Electric Systems and Construction, Inc. be accepted. The bids are tabulated and compared to our engineering estimate and attached for your information. Let me know if we can be of any further assistance. Sincerely, qÁJ;J Robert W. Jent< Senior Associate RWJ/ljg [~]PARSDNS · TRANSPORTATION GROUP I Ie I I I I I I I Ie I I I I I I Ie I I z o en Z w ~ w :E w t- en > en ...J ~ Z S2 en (.) ü: u. e:( a: I- z o en - a: ~ a. ~ o u w ..... e:( ~ ¡:: en w c - a:J ~ Z <C J a: « ::æW w~ ...a: -a. ...W -0 z- :Jet a. ~ o o et a: « J: en :eW w~ ...a: -a. ...w -0 z- ::Ja: a. a: w w Z o Z w ~W w~ ...a: -a. ...w -0 z- :Ja: a. ... Z ::J ß~ ~F= :æZ -<C "':J eno w z o i= a. æ o en w c :! . wO t:Z o o ci o M o o o o ("t) c o d c c ,.. o o ci c o ,... o ~ o It) .-.... c o o Ll) .-.... o :E ,.. ë5 '- ... c o o CJ := co ... .... e o ;: U :J '- ... cn e o o -c co Q) J:_ -Ñ co,.. c en .. ._ c en 0 u+: .- u == Q) cot/) ... I I-Ll) ,.. 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C'J E :: (fJ w CITY OF NORTH RICHLAND HILLS .epartment: Personnel _ Council Meeting Date: 6-14-93 Subject: Request for ratification of $5600 expenditure to repair Agenda Number: PAY 93-12 damaged traffic signal control box. The traffic signal control box located at Rufe Snow and Chapman Road was damaged on April 8, 1993 by a private vehicle involved in an accident. The vehicle is insured by State Farm Insurance Company. The control box had to be replaced. The replacement was ordered from Intersection Development Corporation at a cost of $5600. The new box was installed by the City f s Public Works department on May 5, 1993. The vendor mailed an invoice dated April 26, 1993 to the City. The invoice was mis-routed internally by the City. It subsequently arrived at this office on June 7, 1993, which caused the payment to be past due. State Farm has been contacted and a claim has been filed to recover the cost to replace the control box. State Farm has agreed to reimburse the City for the full amount. Because of the past due status of the vendor's invoice, the invoice has been paid in the amount of $5600 from account 08-01-00-4500. The reimbursement from State Farm will be credited to that account. -- Recommendation: It is recommended that the City Council ratify the payment of $5600 to Intersection Development Corporation. I I I I ; I I Finance Review I Source of Funds: Bonds (GO/Rev.) , e Operating Budget : Other , I ~ _ -_ I D~ature ¡ I CITY COUNCIL ACTION ITEM --L Acct. Number 08-01-00-4500 Sufficient Funds Available \........~f) ~ ^ . ~../ ~ (:/(l!~~'<'~; . ¿~ ~:J'--/ ''')" C..{!.~,;~II . Fanance DIrector '- Page 1 of I CITY OF II..oepartment: MauaÇJelQ.ent se.rYic::RTH RICHLAND HILLS ". Final Payment to Aware House and . SUbject: Struc1;ural l1Qv~rs - $n ,80Q--D.D I I I I I I I I- I I I I Council Meeting Date: fi-14-q3 I I ¡ pnv q 3-13 i Agenda Number: On March 22, 1993 Council approved the low bid of $16,800 from AWARE House and Structural Movers for relocating the First American Savings building(PU 93-21). The building was relocated to 7200C Dick Fisher Drive South and placed on a new pier and beam foundation. The . relocation portion of the project is complete and final payment has been requested. Funding Source: General Fund 01-99-01-6999 $6,800 Recommendation: Staff recommends approval of final payment to AWARE House and Structure Movers in the amount of $6,800.00. Finance Review Source of Funds: , r~ Bonds (GO/Rev.) ~ 0r:;~tin~. u t IO~ ~ Dep!me~ature I CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available. . Finance Director Page 1 of