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CC 1992-04-13 Agendas
I I I I I I I I I I I I I I I I I I I CI1Y OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA APRIL 13, 1992 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. ! NUMBER I ITEM I ACTION TAKEN I 1. G N 92-40 Request from Watauga to Bill and Collect Drainage Fees (Agenda Item No. 16) (5 Minutes) 2. PZ 92-08 Public Hearing to Consider an Amendment to the Zoning Ordinance Regarding Side Yard Requirements for Permanent Type Accessory Buildings in the R-1, R-1-S, and R-2 Zoning Districts - Ordinance No. 1794 (Agenda Item No. 13) (10 Minutes) 3. IR 92-40 Utility Billing Section (5 Minutes) 4. GN 92-44 Recycling Proceeds (Agenda Item No. 20) (10 Minutes) 5. GN 92-45 Cost Sharing with BISD for Survey and Site Plan for City/School Facilities at Richland High School (Agenda Item No. 21) (5 Minutes) 6. GN 92-46 City /School Joint Facility and Equipment Use Agreement (Agenda Item No. 22) (5 Minutes) 7. PU 92-11 Award Contract for Mobile Video System (Agenda Item No. 25) (5 Minutes) 8. PW 92-08 Award of Contract for Davis Boulevard @) Watauga Road - Temporary Traffic Signalization (Agenda Item No. 26) and PW 92-11 Award of Contract for Davis Boulevard (FM 1938) @ Starnes/Rumfield Road - Temporary Traffic Signalization (Agenda Item No. 29) (5 Minutes) I I I I I I I I I I I I I I I I I I I Page 2 ! NUMBER I ITEM I ACTION TAKEN I 9. PW 92-12 Approve Change Order No. 2R - Miscellaneous 1991 Street Reconstruction Projects (Agenda Item Nos. 30) (5 Minutes) 10. Other Items (5 Minutes) 11. Work Session 12. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 13. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. I I I I I I I I I I I I I I I I I I I CI1Y OF NORTH RICHLAND HILLS CI1Y COUNCIL AGENDA APRIL 13, 1992 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 I ACTION TAKEN I 1. I Call to Order I 2. ! Invocation I 3. ! Pledge of Allegiance I 4. Minutes of the Regular Meeting March 23, 1992 5. Presentations by Boards & Commissions a. Parks and Recreation Department Minutes b. Beautification Commission Minutes c. Teen Court Advisory Board Minutes 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (14, 15, 16, 17, 18, 19, 20, 21, 22, 23~ 24~ 25, 26, 27~ 28, 29 & 30) 8. Presentation of American Society of Landscape Architects Merit Award for Parks Master Plan - Mayor Brown I I I I I I I I I I I I ,I I I I I I I Page 2 ! NUMBER ! ITEM I ACTION TAKEN I 9. PZ 92-05 Public Hearing to Consider Amendment to the Zoning Ordinance Regarding Pawn Shops - Ordinance No. 1791 10. PZ 92-06 Public Hearing to consider an amendment to the Zoning Ordinance Regarding Self-Storage/Mini- Warehouses - Ordinance No. 1792 11. PZ 92-07 PLANNING & ZONING - PUBLIC HEARING - Request of Mr. Garry Gooden for a Specific Use Permit for Used Vehicles Sales, Lot 17, Block F, Richland Oaks Addition (Located at 8208 Grapevine Highway) ! 12. ! Ordinance No. 1793 i I 13. PZ 92-08 Public Hearing to Consider an Amendment to the Zoning Ordinance . Regarding Side Yard Requirements for Permanent Type Accessory Buildings in the R-l, R-I-S, and R-2 Zoning Districts - Ordinance No. 1794 * 14. GN 92-38 Extending Southwestern Bell Telephone Franchise - Ordinance No. 1790 * 15. GN 92-39 Budget Amendment for General, Support Services, Park & Library and Promotional Fund Encumbrances * 16. GN 92-40 Request from Watauga to Bill and Collect Drainage Fees *17. GN 92-41 Appointments to Library Board I I I I I I I I I I I I I I I I I I I Page 3 ! NUMBER ! ITEM I ACTION TAKEN I * 18. GN 92-42 City Council Meetings for May, 1992 * 19. GN 92-43 MDT System Support Agreement I * 20. GN 92-44 ! Recycling Proceeds ¡ I *21. GN 92-45 Cost Sharing with BISD for Survey and Site Plan for City/School Facilities at Richland High School *22. GN 92-46 City /School Joint Facility and Equipment Use Agreement *23. PU 92-09 Approve Purchase of Right-of- Way from Resolution Trust Corporation for the Proposed Construction of Bursey Road (Parcel Nos. 17, 18, 19, 21, 22, 23) *24. PU 92-10 Resolution Authorizing the Purchase of Real Property for Bedford-Euless Road Project. One Tract to be Purchased at or Near Appraised Value - Resolution No. 92-16 *25. PU 92-11 Award Contract for Mobile Video System *26. PW 92-08 Award of Contract for Davis Boulevard @: Watauga Road - Temporary Traffic Signalization *27. PW 92-09 Starnes Road Elevated Tank Rehabilitation *28. PW 92-10 Lola Drive Paving and Drainage Improvements I I I I I I I I I I I I I I I I I I I Page 4 ! NUMBER ! ITEM I ACTION TAKEN I *29. PW 92-11 Award of Contract for Davis Boulevard (FM 1938) @. StarnesjRumfield Road - Temporary Traffic Signalization * 30. PW 92-12 Approve Change Order No. 2R - Miscellaneous 1991 Street Reconstruction Project 31. Citizens Presentation 32. Adjournment POSTED ~"f'- I't}· q d.. Date _Q-O_7 a/l1 . -- T'irne c:av Secretary ~-.G.~r:~___ I I. I I I I I I I Ie I I I I I I I I I ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR q?-~R Date: June 7, 1992 Subject: NRPA Appointment It is with a great deal of pleasure that I forward the attached memo to you for your information. ectfully submitted, ortw City Manager DH/gp ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I I. I I I I I I I I. I I I I I I I Ie I City of orth Richland Hills MEMORANDUM PARKS AND RECREATION DEPARTMENT April 6, 1992 TO Dennis Horvath Deputy City Manager FROM: Jim Browne Director of Parks and Recreation SUBJ: NRPA Appointment RE AM-5792 As you requested, I have attached information regarding my recent election to the Board of Regents of the NRPA Western Revenue Sources Management School. As you are aware, I have had the good fortune to have attended and graduated from this exceptional professional development program. Much of our Department's success in terms of revenue production and uncompromised quality service can be attributed to skills and information acquired at this school. Thank you and the City Council for allowing me to participate in this training opportunity. I am honored to have been elected to hold one of three annually available appointments, by my peers from across the United States, to serve as a Regent of this school. I will serve a two year term working with other members of the Board of Regents to organize and conduct the Revenue Sources Management School. As operating costs increase and tax rates climb, tax-conscious public park and recreation officials and lay groups are becoming more interested and involved in the use of fees and charges for certain type of operations and services. The Western Revenue Sources Management School was established to educate officials with relevant and current information regarding revenue producing features of parks and recreation services. The Board of Regents perform a variety of duties including: - Developing the curricula - Selecting faculty members - Researching new policies, principles and objectives being used in park and recreation revenue producing facilities - Developing test instruments for students, faculty and curricula, etc.. ATTACHMENTS: Letter of Appointment (817) 581-5500 · P.o. BOX 820609 · NORTH RICHLAND HillS, TEXAS 76182 1- I I I I I I I I Ie I I I I I I 1 Ie I National Recreation and Park Association February 27, 1992 Mr. James Browne Director, Parks & Recreation 6720 Northeast Loop 820 North Rich1and Hills, Texas 76180 Dear Jim, Congratulations on being elected to the Western Revenue School's Board of Regents. Your term started at the conclusion of the 1992 School and will expire at the conclusion of the 1994 School. Attached is a copy of our Manual of Procedures. I will be sending you shortly, a copy of minutes of all meetings held during the 1992 School. I look forward to working with you. please do not hesitate to call me. If I can be of any service, Sincerely, ß~/ FRANK D. COSGROVE, CLP Regional Director FDC/pd Attachment cc: Terry Dopson WESTERN SERVICE CENTER · Mailing Address: P.O. Box 6900 · Colorado Springs, Colorado 80934 Shipping Address: Visitors Center, Garden of the Gods Park, Colorado Springs, Colorado 80904 Phone: (719) 632-7031 · Fax: (719) 632-0709 1< -. I I I I I I I -- I I I I I I I f' I IN FORMAL REPORT TO MA VOR AN D CITY COUNCIL No. 92-39 ~ -:::::::::: )C ~. Date: April 13, 1992 Subject: Upcoming Parks and Recreation Special Events The Parks and Recreation Department is involved in coordinating and sponsoring a variety of exciting special events in the upcoming weeks. We would like to personally extend an invitation to the Mayor and Council to be a part of all of these community-wide leisure happenings! They are: The Northeast Leadership Insti tute on "Leisure and the Arts", hosted by our Department and the Northeast Chamber of Commerce. The day-long symposium will be held at the Dan Echols Senior Adult Center on April 14, 1992 from 8:00 AM until 2:00 PM. Our seniors are participating and providing a "home cooked pot-luck" covered dish dinner for our guests. You are invited to hear nationally known speakers like baseball great Bobby Bragan, juvenile gang expert, Luis Llerena, Jr., and the President-Elect of the Texas Recreation and Parks Society, David Loughridge. "Easter in the Park" - Last year a crowd of over 1, 000 kids collected 10,000 plus eggs. A parade, entertainment and magic show highlight the day's event. This year we are featuring a handicapped accessible hunt area for special kids. Activities begin at 10:00 AM at Northfield Park. The event is being underwritten by a $1,000 grant from last year's sponsor, First Interstate Bank. "EarthFest" - Our First Annual "EarthFest" is really several events rolled into one. This family oriented festival includes a celebration of "Earth Day", "March for Parks", a classic car show, arts and crafts festival, kite-flying exhibition, environmental and educational booths, live music, entertainment, food, games and fun! The event benefits the Park Space Foundation and the volunteer built "Creative Playground". Major contributors for this event are Liberty Bank ($2,000) and Burlington Northern ($1,000). Other contributors and sponsors are listed on the attached flyer! The HCA North Hills Corporate Challenge is providing leisure, fitness and recreational opportunities to the Northeast Tarrant County business community. The olympic style events are scheduled for May 26 - June 14, 1992 and early response and interest has been good. HCA North Hills Medical Center is the title sponsor ($5,000 plus in-kind services). Other contributors include: * Fort Worth Star Telegram * Pepsi Cola * Presto Printing * Iron Horse Golf Course * Texas Billiards * Coors Distributing * Spring Creek Barbecue * La Chapelle Agency * Brunswick Watauga Lanes .. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I· ~ 1 I I I 1 I 1 -- I I I I 1 I I f I Facilities and organizing committee members, in addition to our facilities and staff, have been provided by: * Birdville Independent School District * Hurst Parks and Recreation Department * Haltom City Parks and Recreation Department * Euless Parks and Recreation Department * Southwestern Bell Telephone * Bates Container, Inc. "Hook-a-Kid on Golf" is a collaborative effort of the Parks and Recreation Department, the National Youth Sports Coaches Association and Iron Horse Golf Course. This program is designed to give youngsters, who normally would not have the opportunity to learn and play the sport of golf, a chance to receive a week of lessons, a starter set of clubs, balls, visor and a t-shirt. This program will be held July 13-17 at Iron Horse Golf Course. other special events in May and April include: * The 5th Annual City Employee "SportsFest" - April 11 - May 9 * Arbor Day at North Ridge Elementary School - April 16 * Volunteer Recognition Reception - April 26, 2:00 PM * "Creative Playground" organizational Reception - April 21, 7:00 PM * 4th Annual North Hills "Hoopmania" 3 on 3 Basketball Tournament - May 16-17 Come on out and join us as we continue to provide a quality leisure program for the citizens of North Richland Hills! Respectfully Submitted, ~=- ~\C Jim Browne Director Parks and Recreation Department ATTACHMENTS: "Leisure and Arts" Agenda (Leadership Northeast) "Easter in the Park" Flyer "EarthFest" Flyer "March for Parks" Flyer "Hook a Kid on Golf" Flyer I' -. I I I I I I I IIIÞ I I I I I I I f' I NORTIIEAST TARRANT COUNTY CIIAMBER OF COMMERCE LEADERSHIP NORTHEAST - INSTITUTE 1991-92 SESSION VII - LEISURE AND ARTS APRIL 14, 1992 DAN ECHOLS SENIOR ADULT CENTER 6801 GLENVIEW DRIVE COORDINATOR, JIM BROWNE, LEADERSHIP INSTITUTE ALUMNI 1991 DIREC~OR OF PARKS AND RECREATION, CITY OF NORTH RICHLAND HILLS AGE N D A (Revised) 8:00 Coffee and Donuts 8:15 "Seniorsize" 8:30 Welcome Announcements and Introductions Sally Hackfield, Leadership Chairperson 8:35 Homework Reports 8 :·45 "Take Me Out to the Ballpark!" A refreshing conversation about baseball, family fun and the . new Arlington Stadium. Bobby Bragan, Texas Rangers Baseball Organization 9:30 Break 9:45 I'Building Partnerships Through Business Involvement in Community Events and Programs" Rick Herold, Director of Community Services, Euless, TX 10:30 Break 10:45 "Youth at Risk: Recreation and Gangs" Luis Llerena, Jr., Program Coordinator - Juvenile Gang Intervention Program, Parks and Recreation Department, Dallas, TX 11:45 "Fine Arts in Northeast Tarrant County" Sandra Eddy, Executive Director, North East Tarrant Arts Council 12:15 Lunch - Covered Dish Lunch Sponsored by the Dan Echols Senior Adult Center Entertainment - Classical Guitar Provided by the Tarrant County Junior College Music Department 1:00 "Importance of Leisure, Parks and Recreation in Urban Life" "The Economic Impact of Quality of Life Issues to Your Community" David Loughridge, President, Texas Recreation and Park Society Director of Park & Recreation, Richardson, TX I INFORMAL REPORTTO MAYOR AND CITY COUNCIL I I I I I I I Ie I I I I I I ,. I I No. _1R-~2-41_____ __ Date: April 13, 1992 Subject: CALLOWAY BRANCH CHANNEL, PHASE II-B IMPROVEMENTS The subject plan for the channel improvements from Maplewood Avenue to just upstream of Lola Drive are near completion. The required easements, utility adjustments, Mobil pipeline relocation, and channel realignment will be outlined with the presentation of the plans. The CIP Committee reviewed the preliminary plans at their last meeting on March 25, 1992. The Committee requested staff advise the Council of the tentative time schedule for this project. The following is submitted for your information. 4-27-92 5-25-92 6-17-92 6-22-92 6-25-92 7-13-92 7-16-92 7-27-92 8-11-92 8-17-92 8-21-92 8-24-92 8-2-93 The two large drainage and utility easements on either side of Lola Drive are ready for the ROW agent. Remaining 28 sanitary sewer easements and temporary construction agreements are ready for ROW agent. Design plans complete. Mobil Pipeline Company finishes the relocation plans and submits formal agreement to City concerning cost. Advertise for bids. Council considers approval of Mobil Pipeline agreement. Receive bids. Award bid. Preconstruction conference. Mobil Pipeline relocations complete. ROW agent finishes easement acquisitions. Work order date and construction begins. Construction complete. Respectfully submitted, ISSUED BY THE CITY MANAGER NnRTH P'~Ht.AND HillS, TEXAS I I. I I I I I I I I. I I I I I I Ie I I MINUTES OF THE REGULAR MEETING OF THE CI1Y COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST LOOP 820 - MARCH 23,1992 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order March 23, 1992, at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Staff: Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Charles Scoma Linda Spurlock Rodger N. Line Councilman Councilwoman City Manager 2. INVOCATION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING FEBRUARY 24, 1992 APPROVED Mayor Pro Tern Sibbet moved, seconded by Councilman Wood, to approve the minutes of the February 24, 1992 City Council Meeting. I Ie I I I I I I I I. I I I I I I Ie I ,I March 23, 1992 Page 2 Motion carried 5-0. 6. PRESENTATIONS BY BOARDS & COMMISSIONS A. LIBRARY BOARD MINUTES B. TEEN COURT ADVISORY BOARD MINUTES C. CABLE T.V. BOARD MINUTES No action necessary. Mayor Brown recognized the "Volunteer of the Year", Ms. Rae Prang, who is a volunteer at the City's Animal Care and Control Center. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (17,19,20,22,23,26,27 &28) APPROVED Councilman Garvin moved, seconded by Councilman Wood, to approve the Consent Agenda. Motion carried 5-0. 9. PZ 92-01 PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE NO. 1080, SECTIONS 14.2A, 16.2A & 17.2A REGARDING LPG/CNG DISPENSING STATIONS - ORDINANCE NO. 1785 APPROVED Staff explained the amendment to the Zoning Ordinance. Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. I I. I I I I I I I I. I I I I I I Ie I I March 23, 1992 Page 3 There being no one wishing to speak for or against the amendment, Mayor Brown closed the Public Hearing. Councilwoman Johnson moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1785. Motion carried 5-0. 10. PZ 92-02 PLANNING & ZONING - PUBLIC HEARING- REQUEST OF MS. HAZEL MANTOOTH TO REZONE TRACTS 12D AND 12Dl, S. RICHARDSON SURVEY, ABSTRACT 1266 FROM R-l SINGLE FAMILY RESIDENTIAL TO R-I-S SINGLE FAMILY RESIDENTIAL (LOCATED AT 8425 RUM FIELD ROAD) Mayor Brown opened the Public Hearing and called for anyone wishing to speak for the request to come forward. Staff explained the reason for the zoning request. Mayor Brown called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Brown closed the Public Hearing. 11. ORDINANCE NO. 1786 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1786. Motion carried 5-0. 12. PZ 92-03 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF MS. MARIANNE ARMSTRONG AND MS. ELIZABETH ANNE BARBER TO REZONE TRACT SA1, T.K. MARTIN SURVEY, ABSTRACT 1055, FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL (LOCATED AT 6609 CRANE ROAD) Mayor Brown opened the Public Hearing and called for anyone wishing to speak for the request to please come forward. I I. I I I I I I I I. I I I I I I I Ie I March 23, 1992 Page 4 Ms. Marianne Armstrong, applicant, appeared before the Council. Ms. Armstrong advised the reason for the zoning request was to be able to add on to the existing dwelling. 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. 13. ORDINANCE NO. 1787 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1787. Motion carried 5-0. 14. PZ 92-04 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF ALPINE DEVELOPMENT COMPANY TO REZONE 19.3 ACRES FROM R-8 AND 1-1 TO R-3 1550 WITH PORTIONS LOCATED IN THE J. BARLOUGH SURVEY, ABSTRACT 130 AND THE L. C. WALKER SURVEY, ABSTRACT 1652 (LOCATED EAST OF DAVIS BOULEVARD AND SOUTH OF THE SUNNY MEADOWS ADDITION) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Terry Mitchell, representing Alpine Development Company, appeared before the Council. Mr. Mitchell advised they had agreed to build 1,550 square foot houses. Mayor Brown called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 15. ORDINANCE NO. 1788 APPROVED Councilwoman Johnson moved, seconded by Councilman Wood, to delay action for further study. I Ie I I I I I I I I. I I I I I I I Ie I March 23, 1992 Page 5 There was discussion by the Council of a master plan for the entire area. Mr. Baker, also representing Alpine Development Company, advised that at the present time there was no over all master plan. After further discussion, Councilwornan Johnson withdrew her motion and Councilman Wood withdrew his second. Councilwoman Johnson moved, seconded by Councilman Garvin, to approve Ordinance No. 1788. Motion carried 5-0. 16. PS 91-16 FINAL PLAT OF LOTS 1 & 2, BLOCK 1, MICHENER ADDITION (LOCATED ON THE WEST SIDE OF DOUGLAS LANE AND NORTH OF HIGHTOWER DRIVE) APPROVED Mr. Doug Long, representing the applicant, advised that because of health reasons the applicant was unable to maintain the property. The applicant also requests the requirement for the concrete channel be waived because the property was unusable. Councilman Wood moved, seconded by Councilman Garvin, to approve PS 91-16. Motion carried 5-0. *17. PS 92-01 SHORT FORM PLAT OF LOT 1, BLOCK 1, ARMSTRONG-BARBER ADDITION (LOCATED AT 6609 CRANE ROAD) APPROVED 18. GN 92-30 PUBLIC HEARING FOR CONSIDERATION OF REVISIONS TO MASTER THOROUGHFARE PLAN REGARDING THE FUTURE ALIGNMENTS OF CANNON ROAD, SIMMONS DRIVE AND CRANE ROAD - ORDINANCE NO. 1789 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. I Ie I I I I I I I I. I I I I I I I Ie I March 23, 1992 Page 6 Mr. Terry Mitchell explained the request for amending the thoroughfare plan. Mr. Mitchell was asked to clarify the exact location that Simmons Drive would intersect at Highway 26. Mr. Mitchell advised that Simmons Drive would intersect at the northeast entrance to TCJC. 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 Councilman Grvin, to approve Ordinance No. 1789 with the stipulation that Simmons Drive intersect at the northeast entrance to TCJC. Motion carried 5-0. *19. GN 92-31 TRI-COUN1Y RATE INCREASE - RESOLUTION NO. 92-12 APPROVED *20. GN 92-32 PROPOSED WRITE-OFF DELINQUENT PERSONAL PROPER1Y TAX ACCOUNTS APPROVED 21. GN 92-33 EXEMPTIONS FROM LIBRARY NON-RESIDENT FEE FOR NON-RESIDENT TAXPAYERS, LIBRARY VOLUNTEERS, AND CI1Y EMPLOYEES APPROVED Councilman Wood moved, seconded by Councilwoman Johnson, to approve GN 92-33. Motion carried 5-0. *22. GN 92-34 PROPER1Y TAX REFUNDS APPROVED I' Ie I I I I I I I I. I I I I I I I Ie I March 23, 1992 Page 7 *23. GN 92-35 RENEWAL OF SAMMONS CABLE FRANCHISE APPROVED 24. GN 92-36 CI1Y LISTING IN ZIP CODE DIRECTORY _ RESOLUTION NO. 92-13 APPROVED Staff explained the content of the resolution and felt that approval of the resolution would help the City obtain its own zip code. Mayor Pro Tern Sibbet moved, seconded by Councilwoman Johnson, to approve Resolution No. 92-13. Motion carried 5-0. 25. GN 92-37 AUTHORIZING EMINENT DOMAIN PROCEEDINGS ON BEDFORD-EULESS ROAD PROJECT - RESOLUTION NO. 92-15 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve Resolution No. 92-15. Motion carried 5-0. *26. PU 92-06 APPROVE PURCHASE OF RIGHT-OF-WAY FROM WESLEY E. HART AND VANESSA L. HART FOR THE PROPOSED CONSTRUCTION OF BURSEY ROAD (PARCEL NO. 16) APPROVED *27. PU 92-07 AWARD CONTRACT FOR FIRE ALARM UPGRADE APPROVED I' Ie I I I I I I I I. I I I I I I I Ie I March 23, 1992 Page 8 *28. PU 92-08 RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPER1Y FOR BEDFORD-EULESS ROAD PROJECT. 1WO TRACTS TO BE PURCHASED AT OR NEAR APPRAISED VALUE- RESOLUTION NO. 92-14 APPROVED 29. CITIZENS PRESENTATION None. 30. ADJOURNMENT Councilman Wood moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 5-0. Tommy Brown - Mayor AITEST: Jeanette Rewis - City Secretary I II I I I I I I I , I I I I I I Ie I I CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION DEPARTMENT MONDAY, MARCH 9, 1992 BOARD IN ATTENDANCE . . Sharon Battles, Vice Chairperson J. Douglass Davis David Allen Karen Allen Bobbie Lambert BOARD NOT IN ATTENDANCE: Don Tipps, Chairperson Russ Mitchell Bob Fenimore ALSO IN ATTENDANCE . . Jim Browne, Director of Parks & Recreation Monica Sue Walsh, Recreation Superintendent Jack Giacomarro, Parks Superintendent Randy Rainbolt, Parks Foreman Tim Hightshoe, Public Grounds Foreman Rob Elder, Public Grounds Division CALLED TO ORDER Ms. Battles, Chairperson at 6:39 P.M.. APPROVAL OF THE MINUTES: Mr. Davis made a motion to accept the minutes of the February 1992 meeting. Mr. Allen seconded the motion. Vote was unanimous in favor the motion. NEW BUSINESS . . ITEM 3: YOUTH SPORTS ASSOCIATION REPORTS Mr. Larry Quinn, Vice President, Richland Youth Association, gave the following report: Baseball registration is doing quite well. Opening day for the baseball season is April 4, 1992 at Richfield Park. The season will continue to September, 1992 due to the new summer program for baseball. The RYA has begun a newsletter for their association members. A "special needs" league will also begin this season. Children from the "able body" leagues and parents will volunteer to help with the new program. The "special needs" league has been publicized on Citicable 36. Mr. Jim Streit, Commissioner, NRGSL, gave the following report: Registration has been completed with a great response. There has been a lot of activity at Fossil Creek Park with practices beginning March 10. The Season will officially begin April 4, 1992. Clinics will be held at the park for coaches. Thanks was given to Mr. Giacomarro and his staff for their terrific job. ITEM 4: FACILITY AND BUILDING IMPROVEMENT REQUESTS FROM RICHLAND YOUTH ASSOCIATION Mr. Quinn presented the RYA's request for the construction of a storage building between two "t-ball" fields and the expansion/renovation of the existing concession facility. Discussion was held on this request in the location and the possibility of locating restroom facilities closer to those two fields. Further discussion was held on the aesthetics, location, future ADA legislation, expansion of bleachers, etc.. Mr. Davis made a motion to approve the construction of a storage building between the two "t-ball" fields as approved by staff. Mr. Allen seconded the motion. Vote was unanimous in favor of the motion. ITEM 5: REQUEST FOR USE OF FOSSIL CREEK PARK SOFTBALL FIELDS BY NE TARRANT COUNTY ASSOCIATION OF CHRISTIAN HOME EDUCATORS Ms. Linda Baker, 2821 Mimosa Park,. Richland Hills, Texas 76118, requested the following: The association would like to use all three fields at Fossil Creek Park on any three Fridays that might be available between March 21 and May 1 from 1PM - 4PM. The games are parent pitch and 50 families will participate. Sportsmanship and skills are stressed in the league. NETCACHE also offered to prepare the fields and supply their own equipment. The final request was to waive Resolution 86-39 (Youth Sport Coaches Certification). Mr. Browne explained Resolution 86-39, schedule of NRGSL and maintenance policies. Mr. Massey, Vice Commissioner of NRGSL, offered NRGSL's skills to drag and line the fields and work with NETCACHE if their use was approved. The Board requested that Staff work with NETCACHE in finding an alternate avenue in using the fields, but that Resolution 86-39 would not be waived and maintenance policies and NRGSL's schedule would take priority. ITEM 6: FIELD USE POLICY - DRAFT REVIEW AND DISCUSSION Mr. Browne reviewed the policy with the Board. Discussion and questions of this policy were held. RYA requested input into this policy. Mr. Allen made a motion to adopt this policy as is, open to "fine tuning" and would be implemented at the end of Summer 1992. Mr. Davis seconded the motion. Vote was unanimous in favor of the motion. - I II I I I I I I I ~ I I I I I I J I I I It I I I I I I I , I I I I I I Ie I I EMERGENCY ITEM 7: REQUEST FROM NAYA FOR USE OF RICHFIELD PARK FIELDS Mr. Jon Harris, President of NAYA, reiterated their proposal for use of Richfield Park during the Spring season - 3 fields for overflow on Wednesday 6PM - 10PM and Saturday SAM - 4PM. Ms. Walsh stated that ~YA has signed the contract and the fields will be used on Wednesday and . Saturdays. Discussion was held on the use of fields. NAYA withdrew their request for use of Richfield Park ballfields during the 1992 Spring season. Mr. Harris ,then restated their request was petitioned prior to RYA for field usage for the Fall 1992 season on Saturdays only from SAM - 10PM. RYA would operate the concession stand and all proceeds would go to RYA. Discussion was held. Mr. Allen made a motion to recommend approval and co-sponsorship of NAYA begirining September 21, 1992 through November 21, 1992 for a 1992 Fall Softball Season on Saturdays only from SAM - 10PM at Richfield Park's softball fields. Ms. Allen seconded the motion. Vote was unanimous in favor of the motion. ITEM 8: STATUS REPORT ON CITY/SCHOOL COOPERATIVE COMMITTEE PROJECTS 1. The BISD Board of Trustees and City Council held a joint meeting on February 27 at 8PM at Richland High School. 2. A meeting has been set with Billy Cypert of BISD and SRA for the joint development plan and to split cost 50/50 on the property east of Richland High School. 3. The 1/2 Cent Sales Tax referendum for funding source by City Council. 4. The "creative playground" is in the organizational stages. ITEM 9: UPDATE ON PROPOSED PARK DEDICATION BY MESSRS. STARNES AND WOLFF The City Council has instructed Staff to further evaluate the tax relief request, drainage issues, the future extension of Holiday Lane and conduct a "Phase I" environmental assessment on the proposed dedication. Staff is conducting studies on all of these issues. Some legality may prohibit the School District from waiving their taxes. Further discussion was held. ITEM 10: REPORT OF PROPOSED PARK DEDICATION BY MS. CATHERINE CALLOWAY Mr. Browne stated that Ms. Calloway has expressed an interest in donating a parcel of land on Calloway Branch north of the proposed North Hills Park Project under review with North Hills Medical Center. The property is valuable to the proposed park. The property was accepted by the City in late February 1992. ITEM 11: DISCUSSION OF "EATHFEST" Mr. Hightshoe presented the outline of activities for EarthFest scheduled for May 2, 1992. EarthFest is a combined event for a nation wide "March for Parks" and the celebration of "Earth Day". This activity is a joint effort of all the Parks and Recreation Department Divisions and Citizens. North Richland Hills is the first city ~n the state of Texas to actively participate in the nation-wide "March for Parks". (Booklets on EarthFest were distributed to the Board.) ITEM 12: DISCUSSION OF ASLA MERIT AWARD FOR NORTH RICHLAND HILLS COMPREHENSIVE PARK AND RECREATION MASTER PLAN Mr. Browne stated that the North Richland Hills Parks and Recreation Department's Master Plan was selected to receive an award of merit for planning and analysis from the Texas Chapter of the American Society of Landscape Architects (ASLA). Mr. Browne flew to Houston to receive this award on behalf of the Parks and Recreation Board and the City of North Richland Hills on March 6 with representatives from Schrickel, Rollins and Associates at ASLA's annual conference. This was the only Comprehensive Master Plan to receive an award in the State of Texas. Mr. Browne commended the Board on their dedication, support and hard work on the Master Plan. ITEM 13: UPDATE ON PARKLAND DEDICATION ORDINANCE AND SALES TAX FOR PARK AND RECREATION Mr. Browne gave the following update: 1. The Planning and Zoning Commission held a Public Hearing on the Parkland Dedication Ordinance. No one spoke against the Ordinance at the Public Hearing. It was decided that the Mayor's Ad-Hoc Committee will continue to work/study on the "Proposed" Ordinance. 2. Comments were received on the 1/2 cent sales tax referendum by Council and School Board. Discussion was held on the "best time" to hold this election and the marketing strategy. Ms. Allen suggested to recommend January to hold the election for the 1/2 cent sales tax referendum. No further action was taken. ITEM 14: PARKS AND PUBLIC GROUNDS MAINTENANCE DIVISION REPORTS Mr. Giacomarro gave the following report: Fossil Creek Park: The park has remained TOO wet to work with the exception of Field #3.. Richfield Park Painting and preparation for the season. Northfield Park Ready for the season to begin and shade cloths/screens were installed on the dugouts for the players. .1 II I I I I I I I ~ I I I I I I J I I I II I I I I I I I , I I I I I I Ie I I The Public Grounds Division donated Liberty Elm trees to the elementary schools in North Richland Hills for Arbor Day. Bates Container were honored on March 6, 1992 for Arbor Day and 12 trees were planted. The Public Grounds Division has submitted for a 1992 SBA grant for Industrial Boulevard. The 1992 SBA Grant Project on Harwood Road is complete. The 1991 ATB Grant Project has begun at North Ridge Elementary School. The Rotary Club has donated four balled Cypress trees planted at Northfield Park. The "pole barn" lights have been installed. ITEM 12: RECREATION, ATHLETICS AND SENIOR ADULT REPORTS Ms. Walsh gave the following report: RECREATION The Daddy-Daughter Date Night was a great success. This event was held in two different segments according to age categories. In 1993 this event will be held on two different nights. Mr. Massey (Vice Commissioner of NRGSL) stated that he attended Daddy-Daughter Date Night and thoroughly enjoyed himself and valued the time he had with his daughter. Two "one-day" classes were held: "How poes Your Garden Grow" (14 participants) taught by Tropical Greenery and "Trust, Wills and Financial Planning" (30 participants) taught by Dr. Gallagher. A "Volunteer Reception" is planned for April 26 at 2PM in the Library. ATHLETICS Co-Rec Volleyball League has 22 teams and began playing the week of February 3, 1992. A Men's Basketball Leagues team has earned a position in the at TAAF Regional Tournament to advance to the state Tournament. Spring Softball registration has begun and 90 teams have registered. Umpire meetings concluded Sunday, March 1. The 5th Annual American Airlines National Basketball Tournament was held in February at the Recreation Center. The North Hills RCA Corporate Challenge will be held from May 26 to June 14. The Fort Worth Christian School and the City have a joint agreement for use of their gym for a Summer Sports Camp on Tuesdays, from 9:00 to 12:30 for 6 weeks and the School will use Richfield Park's Tennis Courts. BURSEY ROAD SENIOR ADULT CENTER The Seniors (12 participants) took a shopping trip to the Galleria Mall. The Valentine Party and Dance was a great success. The Tarrant County Senior citizen Services recognized four of our seniors for "Volunteer Recognition". The ladies are Madge Wright, Ila Rockett, Hazel Rhine and Eleanor White. DAN ECHOLS SENIOR ADULT CENTER The Seniors have 30 participants per day in the Exercise/Dancing Class. An Art Show and Craft Sale - hosted by the Tarrant County Senior citizen Services will be held on March 16-20. No items were discussed. ITEM 13: DISCUSSION OF OTHER ITEMS ADJOURNMENT ATTEST: . . Mr. Davis made a motion adjourn. Mr. Lambert seconded the motion. Vote was unanimous in favor of the motion to adjourn at 9:38 P.M.. . I - I I I I I I I ~ I I I I I I J I I I' Ie I I I I I I I t' I I I I I I Ie I I CITY OF NORTH RICHLAND HILLS BEAUTIFICATION COMMISSION JANUARY 21, 1992 MEMBERS IN ATTENDANCE Jerry Taylor Alice Scoma Jane Dunkelberg Marilyn with Jackie Mapston victor Baxter Patsy Tucker MEMBERS NOT IN ATTENDANCE: Billie Sommermeyer ALSO IN ATTENDANCE Jim Browne, Director of Parks & Recreation Tim Bightshoe, Public Grounds Foreman Ms. Linda Spurlock, city council Member Ms. Jo Ann Johnson, city Council Member Mr. Charles Scoma, City Council Member CALLED TO ORDER Mr. Taylor 7:00 P.M.. APPROVAL OF THE MINUTES Ms. with made a motion to approve the minutes of the December, 1991 meeting. Ms. Mapston seconded the motion. The vote was unanimous in favor of the motion. ITEM 3: DISCUSSION OF "WASTE IN PLACE" Ms. Dunkelberg gave the attached report on "Waste, a Hidden Resource". The "Waste in Place" project was for 1991. ITEM 4: UPDATE ON "PROJECT PRIDE" Ms. Dunkelberg gave the attached report to update the Commission on the progress of Project Pride's programs. Ms. Dunkelberg stressed that the "oil recycling" was a program of Project Pride. ITEM 5: REVIEW OF "BRAINSTORMING" WORKSHOP Mr. Taylor reviewed the Brainstorming Workshop held on January 7, 1992. Mr. Taylor requested that Members review their respective assignments and return with some developmental suggestions. Mr. Baxter requested that a "Follow-up" Workshop be held for the refinement of tasks. A workshop has been scheduled for February 4, 1992. I Ie I I I I I I I t' I I I I I I Ie I I ITEM 6: REVIEW OF CHRISTMAS TREE RECYCLING Mr. Taylor reviewed the budgetary expenditures for this program. The total intake of trees for recycling 500 for the two day operation. This measures approximately a land-fill space saving of 500 cubic yards. ITEM 7: PROPOSED DONATION OF ARTIFICIAL "SAGUERO" CACTUS Mr. Browne stated that he had been contacted by Mr. Bill Buxton, of 4900 Reynolds Drive in North Richland Hills, offering to donate a 20 foot artificial "saguero" cactus to the city of North Richland Hills. Mr. Buxton has a patent pending on the cactus and would like to display the cactus at city Hall as part of the landscaped grounds for the exposure of his product. (Photos of the various cacti were provided for the Commission's review.) Discussion was held and it was determined that the cacti did not fit the landscape themes in the city. Ms. Mapston made a motion that one cactus would not be helpful to any landscaped areas of the City, but if he would like to create a "cactus garden" in a park that would be acceptable. Ms. Scoma seconded the motion. Vote was unanimous in favor of the motion. ITEM 8: DISCUSSION OF FUTURE CHRISTMAS TREE LIGHTING CEREMONY PROGRAM Ms. Jo Ann Johnson, City Council Member, presented the Commission with a proposal for future "Christmas Tree Lighting" Ceremonies (see attached proposal). Discussion was held on the proposal. It was determined that further discussion should be held in a workshop with a report at the next regular business meeting. A copy of Ms. Johnson's proposal would be sent out with the Workshop Reminder notice for the Commission's review prior to the Workshop. ITEM 9: STAFF REPORT Mr. Browne stated that the Department has received the funds for the Small Business Administration Grant ($6,750). Mr. Hightshoe continued by stating that bids on this Grant's project (Harwood Road) came in low and there is enough money "left over" to purchase an additional 20 trees to make a total of 70 trees to be planted on Harwood Road. The America the Beautiful Grant check is expected soon. Mr. Larry Schaapveld, of the Texas Forest Service, conducted a "ball and burlap bagging" training session at Northfield Park Tree Farm for the Public Grounds Staff. Mr. Browne stated that the CERT Landscape Plans will be forwarded to Council for their consideration. Plans are being made to celebrate Earth Day and Arbor Day. Mr. Hardy Sanders and Bates container will be honored on Arbor Day for providing the "seed" money for the tree farms by planting some of those trees on their property facing Davis Boulevard. I Ie I I I I I I I f' I I I I I I Ie I I ITEM 10: DISCUSSION OF OTHER ITEMS NOT ON AGENDA Mr. Taylor reviewed the policy from the City Manager's office on quality control on utility bill inserts. Ms. Dunkelberg stated there were requests for the various awards from the "Governor's Community Achievement" section of the Keep Texas Beautiful program. Mr. Hightshoe stated that in 1991 the Parks and Recreation Department had planted 334 trees, not including the trees on Watauga Road. Mr. Taylor discussed his abilities as a Chairperson and explained his "style" of leadership. The Commission endorsed his leadership style. ADJOURNMENT Ms. Tucker made a motion to adjourn at 8:45 P.M.. Ms. with seconded the motion. Vote was unanimous in favor of the motion. ATTEST: dL Jerry Taylor Chairperson I Ie I I I I I I I t' I I I I I I ~ I I CITY OF NORTH RICHLAND HILLS BEAUTIFICATION COMMISSION FEBRUARY 18, 1992 MEMBERS IN ATTENDANCE Alice Scoma Jane Dunkelberg Marilyn with Jackie Mapston victor Baxter Patsy Tucker Billie Sommermeyer . . ALSO IN ATTENDANCE Tim Hightshoe, Public Grounds Foreman . . CALLED TO ORDER Mr. Scoma at 7:05 P.M.. APPROVAL OF THE MINUTES : Ms. Mapston made a motion to approve the minutes of the January, 1992 meeting. Ms. with seconded the motion. The vote was unanimous in favor of the motion. ITEM 3: ELECTION OF CHAIRPERSON The floor was opened to accept nominations for the office of Chairperson. Ms. Sommermeyer nominated Ms. Scoma for Chairperson, Ms. Dunkelberg seconded the motion. other nominations were made, but were declined. Vote was unanimous in favor of the motion electing Ms. Scoma to the office of Chairperson through September, 1992. Due to Ms. Scoma having been the Vice Chairperson, the floor was opened to accept nominations for the office of Vice Chairperson. Ms. with nominated Ms. Tucker for Vice-Chairperson, Mr. Baxter seconded the motion. other nominations were made, but were declined. Vote was unanimous in favor of the motion electing Ms. Tucker to the office of Vice Chairperson through September, 1992. ITEM 4: DISCUSSION OF "WASTE IN PLACE" Ms. Sommermeyer discussed the "Waste, a Hidden Resource" in the budget of the Beautification Commission at an approximate cost of $350. Three points were brought to the Commission's attention for consideration. (See the attached report.) 1. It seems feasible to make the same type program that was furnished for the elementary students available to middle and senior high students. 2. North Richland Hills would be working with neighboring communities in this effort. 3. This would be a positive program to include in North Richland Hills' "Keep Texas Beautiful" application. I Ie I I I I I I I tt I I I I I I ~ I I Mr. Baxter made a motion to fund the $350 fee from the "tree mulching" budget for "Waste, a Hidden Resource". Ms. with seconded the motion. Vote was unanimous in favor of the motion. ITEM 5: UPDATE ON "PROJECT PRIDE" Ms. Dunkelberg updated the Commission on the status of the "Project Pride" Committee in reference to the "Bag-a-Thon" to be held at Fossil Creek Park on April 4, 1992. (See the attached report.) ITEM 6: "KEEP TEXAS BEAUTIFUL" UPDATE All applications have been mailed out to the City staff and members of the community. April 15, 1992 is the deadline to return the applications back to the Parks and Recreation Department office. Beautification Commission members are in communication with their respective staff members. ITEM 7: DISCUSSION OF CHRISTMAS TREE LIGHTING CEREMONY PROGRAM Ms. Mapston stated that she is working on the funding areas and will give a progress report at the March meeting. Mr. Baxter stated that he is working on the "master plan" for the program and requested a workshop to formulate the plan. A workshop was scheduled for March 3, 1992 at 7 PM in the Pre-Council Room. ITEM 8: PRESENTATION OF THE "TROPHY TREE" PROGRAM Mr. Baxter distributed an outline for the "Trophy Tree" Program. Discussion on the specifications for the program was held. (See the attached outline/report.) Mr. Baxter will work with Mr. LeBaron in assisting him in placing this in a form of an "draft" ordinance. The Commission endorsed the "Trophy Tree" Program. ITEM 9: STAFF REPORT Mr. Hightshoe stated that an Arbor Day Celebration honoring Bates container for donating the funds to start the Northfield Park Tree Farm will be held on March 6, 1992 at 10 AM and extended an invitation to the Commission to be present. On March 9, 1992 trees will be donated to the NRH elementary schools for an Arbor Day Celebration. The "Small Business Administration" Grant funds were increased for 1992 to $20,000 from $10,000. The Department will, once again, apply for a grant from "SBA". Also, the Department will apply for the "America the Beautiful" Grant to purchase a computer and software. The trees on Harwood Drive have been planted which were funded through the 1991 SBA Grant. The trees have been ordered for the North Ridge Elementary Tree Farm for the America the Beautiful Grant. I Ie I I I I I I I t' I I I I I I ~ I I The Department will join in an nationwide effort for "March for Parks" on May 2, 1992. This event is will be held jointly with the Earth Day Celebration will be called "EarthFest". Funds raised from the walk will benefit the volunteer "creative playground", which is one of the goals set by City Council. Ms. Tucker was asked and has accepted to be on the "EarthFest" Committee. Ms. Sommermeyer made a motion that the Commission endorse "EarthFest", Mr. Baxter seconded the motion. Vote was unanimous in favor of the motion. ITEM 10: DISCUSSION OF OTHER ITEMS NOT ON AGENDA Ms. Scoma asked Ms. with to coordinate a schedule for the Commission's "Adopt-a-Spot" location. Mr. Baxter requested assistance on the "city entrance" signs; staff will provide the locations of the major entry areas. The next meeting was scheduled for March 24, 1992 due to spring break week would be the same as the regular scheduled business meeting. ADJOURNMENT . . Ms. Mapston made a motion to adjourn at 8:28 P.M.. Ms. Dunkelberg seconded the motion. Vote was unanimous in favor of the motion. ATTEST: Alice Scoma Chairperson I' Ie I I I I I I I Ie I I I I I I Ie I I CITY OF NORTH RICHLAND HILLS TEEN COURT BOARD MEETING MARCH 26, 1992 MINUTES Attendance Fritz Scoma Lucas Miller Kirkland Chas. Thorn Chairman Fritz called the meeting to order at 6:00 P.M. Chairman Fritz reviewed with the Board an assault case that was heard by Teen Court at the first March Meeting. Fritz was not certain that the Teen Court was the proper place in which to have cases dealing with violent circumstances adjudicated. Coordinator Kirkland felt that this case, being the first assault case heard at Teen Court, was unusual. Board members Lucas, Scoma and Miller also had concern over violent cases being heard. Miller moved - seconded by Lucas, that no cases involving violence should be referred to Teen Court. The motion carried unanimously. Judge Thorn stated that he felt the Board could properly make this decision and stated that he would review the cases accordingly. The Board reviewed the assaul t case heard in March wi th Ms. Kirkland. It was agreed that the sentence would be probated. Ms. Kirkland stated that there was an assault case already scheduled for the April Docket. It was agreed that this would be the last assault (violence) case that would be heard by the Teen Court. Coordinator Kirkland reviewed with the Board the action taken on Teen Court cases which were returned to the Municipal Court. Coordinator Kirkland gave her monthly activity report. There are 14 cases on the April 6th Docket and 13 cases on the April 20th Docket. The possibility of revising the discipline grid was discussed. The Board asked Kirkland to review this matter and make a recommendation at the April Board Meeting. · l- Ie I I I I I I I f I I I I I I -- I I Page Two Recognition of Teen Court Volunteers was discussed. It was agreed that volunteers should be recognized at the June City Council Meeting and a plaque or other awarded given. Chairman Fritz also requested that Ms. Kirkland devise a "certificate" of some type - to be signed by the Mayor and Judge Thorn - thanking volunteers for their service. consideration of the policy regarding teen participation on the Advisory Board was tabled until the April Board Meeting. Board assignments were: April 6th Teen Court - Spicer April 20th Teen Court - Lucas The next Teen Court Board Meeting was set for April 23, 1992. The meeting was adjourned. ~ Source of Funds: Bonds (GO/Rev.) Operating Budget Ot~ß~ L ~~ LlÙ .f!-/1J /- '., De~rtment Head Signature i II~er CITY COUNCIL ACTION ITEM ~ubject: I CITY OF NORTH RICHLAND HILLS COiì1ffiunity Development Council Meeting Date: 4/13/92 Public Hearing to consider an amendment to the Zoning Ordinance #1080 regardIng Pawn Shops in the C-2 Commercial, I -1 Light Industrial and... I -2 Medium Industrial zoning districts. Agenda Number: PZ 92-05 Ordinance No. 1791 The current regulations pertaining to "pawn shops" permits them as a specific use in the C-2, I -1 and I -2 zoning districts. During the past session of the Texas Legislature, a new statute was passed which prohibits a city from requiring pawn shops to comply with any Specific Use Permit procedures. Furthermore, the law states that a city must allow pawn shops in one or more zoning districts. The current law went into effect September 1, 1991, and has essentially made the specific use permit requirement for pawn shops in the North Richland Hills zoning ordinance null and void. The attached proposed ordinance will amend the Zoning Ordinance and insert "Pawn Shops" as an allowed use in the C-2, 1-1 and 1-2 zoning districts without any specific use permit requirements. The proposed ordinance includes language to delete the Pawn Shop regulations from the list of Specific Uses. Prior to submittal of the proposed ordinance to the Planning and Zoning Commission the staff conducted a field survey of the existing pawn shop locations in the city. There are three pawn shops operating in the city and these are currently in C-2 zoning districts. The proposed ordinance will not have any adverse effect on their facilities. These pawn shops are located as follows: 5205D Davis Blvd. 5750 Davis Blvd. #204 5517 Rufe Snow Drive The Planning and Zoning Commission reviewed the proposed zoning ordinance amendment at their March 12, 1992 meeting and has recommended approval as submitted. Recommendation: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available . Finance Director Page 1 of I I {' I I I I I I . I I I I I I I , I 1 ORDINANCE NO. 1791 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE 1080, THE COMPREHENSIVE ZONING ORDINANCE, REGARDING PAWN SHOPS IN THE C-2, COMMERCIAL, 1-1 LIGHT INDUSTRICAL, AND THE 1-2 MEDIUM INDUSTRIAL ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Planning and Zoning Comaission of the Ci ty of North Richland Hills has forwarded a reco..endation to the City Council for amendment of Ordinance No. 1080, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT , section 14 . 2 PERMITTED USES be hereby amended to add the following: 14.2.57 Pawn Shop 2. THAT, section 14.2A PERMITTED USES BY SPECIFIC USE be hereby amended to delete the following: 14.2A.9 Pawn Shops 3. THAT, section 16.2 PERMITTED USES be hereby amended to add the following: 16.2.71 Pawn Shop 4. THAT, section 16.2A PERMITTED USES BY SPECIFIC USE be hereby amended to delete the following: 16.2A.4 Pawn Shops I I l' I I I I I I II I I I I I I I , I 2 5. THAT, Section 17.2 PERMITTED USES be hereby amended to add the following: 16.2.77 Pawn Shop 6. THAT, Section 17.2A PERMITTED USES BY SPECIFIC USE be hereby amended to delete the following: 17.2A.4 Pawn Shops 7. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of -this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidi ty or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the ci ty Counci 1 wi thout the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 8. SAVINGS CLAUSE. That Ordinance 1080, The Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the North Richland Hills Charter and the laws of the State of Texas. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11 DAY OF MARCH, 1992. SECRETARY I I I' I I I I I I II I I I I I I I , I PASSED AND APPROVED BY THE CITY COUNCIL THIS 1992. DAY OF 3 MAYOR ATTEST: CITY SECRETARY ATTORNEY FOR THE CITY OCAL GOVERNMENT CODE ..JD USE, § 211.002. Adoption of Regulation or Boundary ':8. AND Includes Amendment or Other ,~~ Change . A reference in this subchapter to the adoption of a zoning regulation or a zoning district boundary includes the amendment, repeal, or other change of a regulation or boundary. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. "a I are )l pro- al sub- I. on the ,~olce of P .t\. L ~IJ ) .\ )~IG nd.IUdes Jct lundaries I ·Pa. ,>f ,ing Reg- es. n·1 s. ptions. elnSiOn] pt. 1, I § 211.003. Zoning Regulations Generally (a) The governing body of a municipality may regulate: (1) the height, number of stories, and size of buildings and other structures; (2) the percentage of a lot that may be occu- pied; (3) the size of yards, courts, and other open spaces; (4) population density; and (5) the location and use of buildings, other structures, and land for business, industrial, resi- dential, or other purposes. (b) In the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction. reconstruction, alter- ation, or razing of buildings and other structures. (c) The govern in home-rule municipali- ty ma 0 regulate the bulk of UI 1987, 70th Leg., ch. 149. § 1, eff. Sept. 1, 1987. Zoning Regulations and District Boundaries Applicable to Pawn- shops (a) In this section, "pawnshop" has the meaning assigned by Section 2, Texas Pawnshop Act (Article 5069-51.02, Vernon's Texas Civil Statutes). (b) For the purposes of zoning regulation and determination of zoning district boundaries, the gov- erning body of a municipality shall designate pawn- shops that have been licensed to transact business by the Consumer Credit Commissioner under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil Statutes) as a permitted use in one or more zoning classifications. (c) The governing body of a municipality may not impose a specific use permit requirement or any requirement similar in effect to a specific use per- mit requirement on a pawnshop that has been li- censed to transact business by the Consumer Credit LAND USE & RELATEI Commissioner under the Texas Pawnshop Act (Arti- cle 5069-51.01 et seq., Vernon's Texas Civil Stat- utes). " Acts 1991, 72nd Leg., ch. 687, § 18, eff. Sept. 1, 1991. - Section 22 of the 1991 Act provides: . .. A pawnshop legally operating in a municipality ~ a pe~nutted use or as a nonconfonning use on M~l'Ch ~, 1.989, IS en~tled. to relocate to another site in the same zoning dlStriet or elasaifø:ati~n in which it is located on March 1. 1989, provided the relocation IS completed before the first anniversary ~f the da~ t~at the pawn- shop ceased doing business at the prevIous location. § 211.004. Compliance With Comprehensive Plan (a) Zoning regulations must be adopted in accord- ance with a comprehensive plan and must be de- signed to: - t . (1) lessen· congestion in the streets; (2) secure safety from fire, panic, and other dangers; (3) promote health and the general welfare: (4) provide adequate light and air; (5) prevent the overcrowding of land; (6) avoid undue concentration of population; or i ~. (7) facilitate the adequate provision of trans- portation, water, sewers, schools, parks, and oth- er public requirements. (b) Notwithstanding any provision of a city char- ter or an adopted comprehensive plan to the c~~- trary, a majority of the governing body o~ a munICI- pality may adopt or amend a comprehe~slve plan at any time. The policies of a comprehensIve plan may only be implemented by ordinances .duly adopted by the municipality and shall not constItute. land ~se .or zoning regulations or establish zonIng dIstnct . boundaries. I' 'Acts 1987, 70th Leg., ch. 149. § 1, eff. Sept. 1, 1987. t 'Amended by Acts 1989, 71st Leg., ch. 458, § 1, eff. Aug. 28, 1989. use~ ing~ lane Acu § 2 (, tot: tior pro· tior not ma· an bef anc off lati C tiOI ha\ pro pre un< zor the ow hoc the thi~ ( pal go' thE of · § 211.005. Districts (a) The governing body of a municipality may divide the municipality into districts of ~ number, shape, and size the governing body ~o~slders be.st -. ~for carrying out this subchapter. WIthIn each ~lS- ~ trict, the governing body may regula~ the ere~tIon, > eonstruction reconstruction, alteration, repaIr, or :)!,~~ase of buildings, other structures, or land. ..;H (b) Zoning regulations must be uniform for each . . ~lass or kind of building in a district, but the regula- ~1ions may vary from district to district. The n:gula- tions shall be adopted with reasonable consIdera- '.~ ;tion, among other things, for the character of. each ..:' district and its Peculiar suitability for partIcular ~ 301 scr PUl a~ thE eff of mu lea I I f' I I 14.2A PERMITTED USES BY SPECIFIC USE PERMIT I I I I It 14.28 PD (Planned Development) PERMITTED USES I 14.28. 1 LA Local Retail District Uses 14.28.2 C-1 Commercial District Uses 14.28.30-1 Office District Uses I 14.2B.4R-7-MF Multi-family District Uses 14.3 GENERAL CONDITIONS I 14.3.1 District area requirements: Minimum area: Every parcel of land within this district. or the combined acreage of comiguously I zoned parcels, shall be at least one ( 1 ) acre in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a pubUc street. I I 14.4.2 Reserved I 41 14.2.47 Retail Stores and Shops 14.2.48 Shopping Malls, Strip Centers, Shopping Centers 14.2.49 Single Specialty Shop 14.2.50 Social Service Organizations 14.2.51 Spas. Health Studios, Fitness Centers 14.2.52 Supermarkets, Depanment Stores 14.2.53 Theaters (not drive-in types), Bowling Alleys 14.2.54 Trade Schools 14.2.55 Veterinarian Clinics (with/without kennels) 14.2.56 Wholesale Distributor The following uses are only permitted within the C-2 Commercial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 14.2A.1 Airpon, Hellpon or Landing Field 14.2A.2Amusement Arcades 14.2A.3Auto, Truck, Trailer Rental 14.2A.4Commercial Recreational Activities 14.2A.5Facility for Care of Alcoholic, Narcotic, or Psychiatric Patients 14.2A.6Heavy Machinery Sales 14.2A. 7Lod~J9'ViC Clubs. Fraternal Organizations. Social Clubs ~:e~~~~~ - 14.2A.11 Sales of Alcoholic Beverages 14.2A.12 Used Vehicle Sales (a) (c) Maximum coverage: No more than fifty (50) percent of the lot shall be covered by buildings exclusive of parking structures. 14.3.3 Building line requirements: Every lot within this district shall have a front building line of twenty-five (25) feet. Every lot within this district shall have side building lines of fifteen (15) feet and a rear building line of twenty-five (25) feet when the lot abuts R-1, A-2, R-3, R-4-SD, A-6- T, R-7-MF, R-8, and AG Districts. '4.3.4 Height restrictions: Buildings shall be constructed by using a ratio of one (1) foot measured from property line that abuts a residential district for every one and one half (1 1/2) foot of building height. 14.3.5 Fences: See Section XXIV subsection 24.13 I I I I' I I I I I I II I I I I I I I , I 46 16.2.54 Restaurants 16.2.55 Research Laboratories 16.2.56 Retail Stores and Shops 16.2.57 Sheet Metal Shops 16.2.58 Shopping Malls, Strip Centers, Shopping Centers 16.2.59 Single Specialty Shop 16.2.60 Social Service Organizations 16.2.61 Soft Drink Bottling 16.2.62 Spas, Health Studios, Fitness Centers 16.2.63 Supermarkets, Depanment Stores 16.2.64 Theaters (not drive-in types), Bowling Alleys 16.2.65 Trade Schools 16.2.66 Veterinarian Clinics (with/without kennels) f16.2.67 Warehousing L _16.2.68 Warehousing & Storage of Any Commodity Except Heavy Steel, Large Diameter Pipe, Junk, - Salvage, Explosive or Hazardous Chemicals 16.2.69 Wholesale Distributor 16.2.70 All uses of the C-2 Commercial District 16.2A PERMITTED USES BY SPECIFIC USE PERMIT The following uses are only permitted within the 1-1 Light Industrial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 16.3 GENERAL CONDITIONS 16.3. 1 District area requirements: (a) Minimum area: Every parcel of land within this district. or the combined acreage of contiguously zoned parcels, shall be at least two (2) acres in area. Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a pUblic street. 16.3.2. Reserved (b) 16.3.3 Building line requirements: (a) (b) Every lot within this district shall have a front building line of at least twenty-five (25) feet. When one or more property lines of an industrial lot abut a residential or agricultural district, a twenty-five (25) foot building tine shall be required for each side abutting the residential district. 16.3.4 Height: When a lot abuts a residential or agricultural district, then the buildings shall be constructed by using a ratio of one (1) foot measured from the nearest property line for every one and one half (1 1/2) foot of building height. 16.3.5 Fences: See Section XXIV subsection 24.13 I I (' I 17.2A PERMITTED USES BY SPECIFIC USE PERMIT I I I I 17.3 GENERAL CONDITIONS I II I I I I I I I 17.4 SPECIAL CONDmONS ,,7.4.1 I 49 17.2.73 Warehousing 17.2.74 Welding Shops 17.2.75 Warehousing & Storage of Any Commodity Except Heavy Steel. Large Diameter Pipe. Junk, Salvage, Explosive or Hazardous Chemicals 17.2.76 Wholesale Distributor The following uses are only permitted within the 1-2 Medium Industrial District when a Specific Use Permit has been issued in accordance with Section XX of this ordinance. These uses are subject to the General Conditions of this section and such other sections as are applicable. 17.3. 1 District area requirements: (a) Minimum area: Every parcel of land within this district. or the combined acreage of contiguously zoned parcels, shall be at least two (2) acres in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a pUblic street. 17.3.2. Reserved 17.3.3 Building line requirements: (a) Every lot within this district shall have a front building line of at least twenty-five (25) feet. (b) When one or more propeny lines of an industrial lot abut a residential or agricultural district. a twenty-five (25) foot building line shall be required for each side abutting the residential district or agricultural district. 17.3.4 Height restrictions: When a lot abuts a residential or agricultural district, then the buildings shall be constructed by using a ratio of one (1) foot measured from the nearest propeny line for every one and one half (1 1/2) foot of building height. 17.3.5 Fences: See Section XXIV subsection 24. 13 17.3.6 Parking and loading: Subject to requirements set forth in Section XXII. 17.3.7 Signs: See Section XXX. 17.3.8 Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. In addition to paved parking and drive areas, at least ten (10) percent of the lot shall be maintained in permanent open landscaped area. The landscaped open area shall consist of a "greenbelt" of at least fifteen (15) feet wide along the front and rear propeny lines. and at least ten (10) feet wide along the side property tines. All landscaping shall be propeny maintained throughout the Ufe of any use of the lot. I' I f I I I I I I - I I I I I I I , I 3 in favor of the Master Plan to co forward. Mr. Owen Long, 1615 Precinct ne, Hurst, Texas, came forward t represent The Bank of Comm ce who owns a piece of land on D uglas Lane. Mr. Long stated at several months ago he had come efore the Planning and Zoning mmission to present a prelimina y plan for a new subdivision, t received only approval on a po tion of the tract with approval the remainder postponed unte the Master Thoroughfar Plan could be reviewed and consi red for amendment which would im ct their proposed subdivi ion. Mr. Long was speci cally interested in the ali ment of Douglas Lane and Ho day Lane as shown as a proposed c ange in the Comprehensive Plan. r. Long stated that other developers in the city were concerned that the location of Holiday Lane was critical to the development potential of the area north of starnes Road. Mr. Brock expressed concern that citizens had not really been given as good an opportunity to know about the Master Plan and the public hearing. He stated that since there was no need to rush into the adoption of the Master Plan it would seem appropriate to send notices out with the water bills and advise people to attend the April 9th meeting. Ms. Marin made a motion to table action on the Master Plan until April 9, 1992 and the motion was seconded by Mr. Barfield. The motion carried 6-0. 3. PZ 92-05 Public hearing to consider amendment to the Zoning Ordinance regarding Pawn Shops. I' I f I I I I I I - I I I I I I I ~ I 4 Mr. Bock opened the public hearing and stated that last year the state Legislature changed laws pertaining to zoning of pawn shops which prohibits the requirements that some cities were imposing which required a specific use permit for a pawn shop. Mr. Brock stated that the proposed ordinance amendment was designed to bring our zoning ordinance into compliance with state zoning laws since our regulations allow pawn shops only with as a specific use. Mr. Brock asked anyone interested in speaking in favor of the proposed zoning ordinance amendment to come forward. There being none, Mr. Brock asked if there was anyone interested in speaking against the proposal. There being none, Mr. Brock closed the public hearing. Mr. Barfield made a motion to approve PZ 92-05 as presented. The motion was seconded by Mr. Lueck and the motion carried 6-0. 4. PZ 92-06 Public hearing to consider an amendment to the zoning ordi regarding self storage/mi .- warehouses. Mr. Brock pened the public hearing and ated that the current zoning ulation does not include any guage for self storage/mt -warehouses. Mr. rock asked anyone wishing to eak in favor of the proposed zoning ordinance amendment to come forward. There being none, Mr. Brock asked anyone wishing to speak against the proposal to come forward. There being none, Mr. Brock closed the public hearing. Mr. Collins made a motion to approve PZ 92-06 as presented and the motion was seconded by Mr. Bowen. The motion carried 6-0. ~ ~ Department: "SUbject: I - I CITY OF NORTH RICHLAND HILLS Community Development Council Meeting Date: 4/13/92 Public Hearing to consider an amendment to the Zoning Ordinance #1080 regarding Self Storage/Mini-warehouses in the C-2 Commercial, DC Outdoor Commercial, I -1 Light Industrial and I -2 Medium Industrial zoning districts. Agenda Number: PZ 92-06 Ordinance No. 1792 The city is frequently asked questions by property owners who are interested in constructing mini-warehouse facilities in North Richland Hills about applicable zoning regulations. Upon a review of the Zoning Ordinance, no specific language can be found regarding these types of facilities. This appears to be a relatively common land use found in virtually every city and North Richland Hills is no exception. According to a survey conducted by the staff, there are seven mini-warehouse facilities currently in use in the city. These are located and currently zoned as follows: NAME Minigard Storage Public Storage Southwest Storage Best Little Warehouse American Store & Lock AA Stor- All Mini Storage ADDRESS 6404 Browning Dr. 4900 Davis Blvd. 6451 Hilltop Dr. 6646 Industrial Park 4412 N. E. Loop 820 3802 Rufe -Snow Dr. 6750 Meadowcrest Dr. CURRENT ZONE 1-2 C-2 1-2 1-2 PD C-2 C-2 Attached is a proposed ordinance which will amend the zoning ordinance to establish "Self storage/mini-warehouse" as a permitted use by right in the 1-1 and 1-2 zoning districts. In addition, the attached ordinance would permit a self storage/mini-warehouse in the C-2 and the OC Outdoor Commercial zoning districts only upon approval of a specific use permit. This will allow the City Council and the Planning and Zoning Commission to review these uses in the C-2 and OC zoning districts on a case by case basis to evaluate compatibility with adjacent properties in these two commercial zones. It is felt that in the industrial zoning districts, there should not be any negative concerns for mini-warehouses on adjacent properties and mini-warehousing would be a permitted use by right in the two industrial zoning districts. I I ~ ~ ~ , , , i The Planning and Zoning Commission reviewed the proposed ordinance at their March 12, 1992 meeting and has recommended approval as presented. Recommendation: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Othe~ Depart I Acct. Number Sufficient Funds Available ~ t Head Signature CITY COUNCIL ACTION ITEM lê / ~ . IttJ ~ City Manager . Finance Director 7' Page 1 of I I " I I I I I I . I I I I I I I {t I 1 ORDINANCE NO. 1792 AN ORDINANCE BY THE CITY OF NORTH RICHLAHD HILLS AMENDING ORDINANCE 1080 , THE COMPREHENSIVE ZONING ORDINANCE, REGARDING SELF STORAGE/MINI-WAREIIOUSES IN THE C-2 COMMERCIAL, OC OUTDOOR COMMERCIAL, 1-1 LIGHT INDUSTRIAL, AND I-2 MEDIUM INDUSTRIAL ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the Planning and Zoning CODIIBission of the Ci ty of North Richland Hills has forwarded a reco..endation to the City Council for amendment of Ordinance No. 1080, the Comprehensive Zoning Ordinance, by chanqinq the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT , section 14 . 2A PERMITTED USES BY SPECIFIC USE PERMIT be hereby amended to add the following: 14.2A.13 Self Storage/Mini-warehouse 2. THAT, section 15.2A PERMITTED USES BY SPECIFIC USE PERMMIT be hereby amended to add the following: 15.2A.I0 Self Storage/Mini-warehouse 3. THAT , Section 16.2 PERMITTED USES be hereby amended to add the following: 16.2.72 Self Storage/Mini-warehouse 4. THAT, Section 17.2 PERMITTED USES be hereby amended to add the following: 17.2.77 Self Storage/Mini-warehouse I I " I I I I I I . I I I I I I I f' I 2 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconsti tutionali ty shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. SAVINGS CLAUSE. That Ordinance 1080, The Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the North Richland Hills Charter and the laws of the state of Texas. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12thDAY OF MARCH. 1992. PLAN I G A ZONIN~~ÇOMMISSION / // Ä I /)~::~ ./\:;t~ U. ~Uu:/ y V S~CRETARY PASSED AND APPROVED BY THE CITY COUNCIL THIS 1992. DAY OF MAYOR ATTEST: CITY SECRETARY ATTORNEY FOR THE CITY I ~ , Et:=J I=:Fi ,.--- II III I g 1 t:=:a::::!IIII 1 ìllllllJi i~'{'-.q~ i ~p 1 ~¡tI 1 T1 ,~~ \ l '-,.,L..J..U I S2ttt - ~ ~~ I I I '-i ~ ' ......r Jt) I = ~ 1 I .. 11.§...~II~r :orm ' ..~êtifFT1 I, In Th~ r . i';--~I.'!~t ,I 11 -~ 1 ,/ ~ ~ .... irm~~ I';'~ ~ I ....~= I ~,.~ \ II. 11 T 'T1A. II ~."(! J rmn 1-' ,~ u G r¡~,- .... ~ III( /~ ~ l- I I I I - ........ 0... _ ~"..I.. I ì........ ' I r-.I .. Il! 11-: ~_ . !'- ~_"T I I I ' ,w m~ -~. "-L _ " \. ì 17 ""'" ' i-- I ~ '- IT ~ ,... ~.It _ ~\;'~ ,-t' =1[1 \ T1~ I ... mê.... :r~ - : _"'~" _... 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('-LJ 1 ì""' 'j.- = .... - -- - ~ - : , _~_..... _ '\J.s:....jJJ - I ~u ,A.."l .L LL T\.\..-J."l - \..7iz::...,.. - - - t=_=- - ~~.1= I I I 11 I -t)lllJT I \J =:=¡''<'''' ''" !"'I """",À \ - I r-"-: r9P\ I . "'- ~ r 'C- - - -If'. '·1 - ~Ito. = : :::1:::- L:"\IEE7¿-r=-, ~~:.TS I _~~ .. ~ fì T I ~~ ~-~ = ~ _ -- ¡':"':::J... i: rT 7 '[] I _10 .'C.L_ OWl. ¡¡ ¡¡; - = J ~ ~ '. .. 1 .. ~ ~ '::. .. I!I TI J- T I T\lJl" ~ ~ C-2 1176 C-2 117' :b.. - -L.-~:l '¡ ~.\ ::¡ c-! -S~ ~~w "i ~~.,; ~J ~ ~-,_:¡ a.. t~~ ~ e-I-su· 1214 R-7- M F AG a. ~ ... u .~~ ." ' ~~~ .~'\J - - ~d:AIIOUST .' ,1-'- 2 ;) 141. .' ~, V:- 'r '" : I': # . .... , ;' ~' / u ~ ~ I I' I , I I I I I I . I I I I I I I ~ I 4. 4 Mr. Bock opened the public hear- g and stated that last year th tate Legislature changed laws p taining to zoning of pawn shops ich prohibits the require nts that some cities were im sing which required a speci· use permit for a pawn shop. . Brock stated that the proposed rdinance amendment was desig a to bring our zoning ordinan into compliance with stat oning laws since our re ations allow pawn shops only th as a specific use. Mr. Brock asked anyone interested in speaking in favor of the proposed zoning ordinance amendment to come forward. There being none, Mr. Brock asked if there was anyone interested in speaking against the proposal. There being none, Mr. Brock closed the pUblic hearing. Mr. Barfield made a motion to approve PZ 92-05 as presented. The motion was seconded by Mr. Lueck and the motion carried 6-0. PZ 92-06 Public hearing to consider an amendment to the zoning ordinance regarding self storage/mini- warehouses. Mr. Brock opened the public hearing and stated that the current zoning regulation does not include any language for self storage/mini-warehouses. Mr. Brock asked anyone wishing to speak in favor of the proposed zoning ordinance amendment to come forward. There being none, Mr. Brock asked anyone wishing to speak against the proposal to come forward. There being none, Mr. Brock closed the public hearing. Mr. Collins made a motion to approve PZ 92-06 as presented and the motion was seconded by Mr. Bowen. The motion carried 6-0. CITY· OF NORTH RICHLAND HILLS COinmunity Development 4/13/92 Department: Source of Funds: Bonds (GO/Rev.) Operating Budget Other U ~ ~ :&AU~ ~ f; 1t_ 4 Depart t Head Signature City Manager CITY COUNCIL ACTION ITEM ~ ~ I I I I ~ I Council Meeting Date: ubject: Public Hearing- to consider the request of Mr. Garry Gooden for a Specific Use Permit on Lot 7, Block F, Richland Oaks Addition for Used Vehicles Sales. This property is located at 8208 Grapevine Highway. PZ 92-07 Agenda Number: Ordinance No. 1793 Mr. Garry Gooden is the owner of a lot located at 8208 Grapevine Highway that had previously been used as a service station. The property is currently zoned C-1 Commercial and he is requesting a Specific Use Permit to allow the tenant to sell classic automobiles at the site. A Specific Use Permit is required for the property to be used for "Used Vehicle Sales" . At the March 12, 1992 meeting of the Planning and Zoning Commission, there were no objections raised by anyone within the required 200 feet notification area. There was some discussion regarding maintenance procedures which may be associated with the used vehicles displayed on the lot. The prospective tenants stated that they would only be performing minor maintenance on the vehicles and nothing that would resemble large scale "automobile repair" activities. Since there were some concerns about the maintenance of the vehicles raised by the Planning and Zoning Commission, the owner responded that they would not perform any maintenance on the vehicles. The Planning and Zoning Commission reviewed ·the proposed request at their March 12, 1992 meeting and has recommended approval as presented. Recommendation: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available . Fmance DIrector Page 1 of I' I , I I I I I I II I I I I I I I , I CALL TO ORDER ROLL CALL 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 12, 1992 - 7:30 P.M. The meeting was called to order Chairman, James Brock at 7:30 PRESENT: Chairman vice Chairman Members Official es Brock David Barfield Don Bowen Don Collins Ron Lueck Pat Marin steve Pence Paul Miller Wayne Moody CONSIDERATION OF OF FEBRUARY 27 1. PZ 92-07 Mr. David Barfield made the motion to approve the minutes as written. This motion was seconded by Mr. Don Collins and the motion carried 4-0 with Bowen and Marin abstaining, since they were not present at the February 27th meeting. Public hearing to consider a request of Mr. Garry Gooden for a Specific Use Permit for Used Vehicle Sales at 8208 Grapevine Highway. The public hearing was opened by Mr. Brock who asked that anyone wishing to speak in favor of the proposed request to come forward. Mr. Jim Daulf, 8204 Timberlane, came forward and spoke in favor of the request. Brock asked if any of the cars were to be stored inside. The proponent stated that cars would be displayed outdoors and that minor maintenance of the vehicles prior to sales would be a part of their business. Mr. Brock stated that auto repair is not a permitted use in the C-l zone. Mr. Daulf stated that the previous use was a vehicle inspection station I I , I I I I I I . I I I I I I I , II 2 which performed repairs for the general public. Mr. Daulf stated that they would want to only perform minor maintenance on a vehicle such as installing brakes or performing tune-ups on the vehicles that they intend to sell. Mr. Barfield stated since automobile repair was not a permitted use in the C-l district, that they should re-apply for a C-2 zoning district which does permit auto repairs. Mr. David Larken asked to speak and stated that they were not particularly interested in performing auto repairs, but were primarily interested in selling used cars. If they wanted to perform maintenance, then they could come back at a later date and request a zoning district change, so stated Mr. Larken. Ms. Marin asked if the owner, Mr. Gooden, if he would be involved in the operation of the facility. Mr. Larken stated that he would not be involved other than as the landlord. Mr. Brock asked if there was anyone else wanting to speak regarding this issue. There being none, the public hearing was closed. Ms. Marin asked if anyone had any names of people who may have called in raising concern for the zoning request. Mr. Pence stated that a couple of calls were received, but no one had left there names. Mr. Bowen made the motion to approve PZ 92-07 as presented and this was seconded by Mr. Lueck. The motion carried 6-0. 2. PZ 91-27 Brock opened the public hearing asked anyone wishing to speak I I I , I I" I _) " ., 1·:-··...·" ~.. -",; r " . "'. -::;;-: - '- ~ ". 'ì;i-:l.·;" ,- 4..-..-____ ~..:. . ~" r . ·:·~~~4 -- -..~ I -. .... "~- I I I t' I I I f I I I I I I . I I I I ORDINANCE NO. 1793 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-92-07 the following described property shall be rezoned from C-l to C-I-Special Use Permit for Used Vehicle Sales. BEING a portion of Block F of Richland Oaks, Fourth Filing, an Addition to the City of Smithfield (Now in North Richland Hills), Tarrant County, Texas, according to plat thereof recorded in Volume 388-10, Page 22, of the Plat Reconds of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point in the Northerly line of said Block F and in the southerly R.O.W. line of State Highway No. 121, said point being 250 feet North 52 degrees 09 minutes East from the Northwest corner of said Block F; THENCE South 37 degrees 51 minutes East 280.0 feet to a point in the Southerly line of said Block F; THENCE North 52 degrees 09 minutes East with the Southerly line of said Block F, 118.7 feet to the Southwest corner of a tract of land conveyed to Robert L. Butler by deed recorded in Volume 3510, Page 425, Deed Records of Tarrant County, Texas; THENCE North 34 degrees 16 minutes West with the West line of said Robert L. Butler tract, 280.8 feet to a point in the Southerly R.O.W. line of State Highway No. 121; said point being the Northwest corner of Lot 2 in Block F as recorded in Volume 388-16, Page 263, Deed Records, Tarrant County, Texas; I I I ~ I THENCE South 52 degrees 09 minutes West 136.2 feet to the place of beginning. This property is located at 8208 Grapevine Highway. I' 1 ~ I I I I I I . I II I I I I I , I Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12th DAY OF MARCH, 1992. ~¿ SECRETARY PLANNING AND ZONING COMMISSION ZONING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-92-07 IS HEREBY REZONED THIS DAY OF 1992. MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY CITY OF NORTH RICHLAND HILLS Community Development Department: . 4/13/92 ~ Council Meeting Date: Public Hearin to consider an amendment to the Zoning Ordinance #1080 regarding si e yard requirements for accessory buildings in the R-1, R-1-S, and R-2 zoning districts. PZ 92-08 Agenda Number: Ordinance No. 1794 The current side yard regulations in the R-1, R-1-S, and R-2 zoning districts requires all permanent buildings (including accessory buildings) to be constructed within the building envelope. The side yard regulations in these three districts require a side yard of six feet on one side of the lot and a side yard of ten feet on the other side. The purpose of the ten foot side yard is to provide access to the side or rear portion of the house in order to comply with the side or rear entry garage requirement in these three zoning districts. However, this requirement is a particular problem for builders choosing to construct a "detached garage". Placement of a detached garage ten feet from the side property line reduces the amount of residual space for installing swimming pools or lawn storage buildings. Attached is a proposed ordinance which will amend the zoning ordinance to allow permanent type accessory buildings to be constructed with a six foot side yard. The additional four feet will produce a better arrangement of the home and the detached garage than is currently being produced in the newer subdivisions. It is anticipated that some homeowners will want to build a cover over the walkway between the garage and their home. Therefore, any attachment is limited to 72 inches of width. This will discourage "enclosed" rooms from appearing between the garage and the main structure without prior variance approval from the Board of Adjustment. The Planning and Zoning Commission reviewed this proposed amendment at their March 26, 1992 meeting and has recommended approval. Recommendation: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other -----1- Finance Review Acct. Number Sufficient Funds Available I ~ . Finance Director le~~ I Ci y Manager ~ tment Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I , I I I I I I II I I I I I I I " I 1 ORDINANCE NO. 17 94 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE NUMBER 1080, THE COMPREHENSIVE ZONING ORDINANCE, REGARDING SIDE YARD REQUIREMENTS FOR PERMANENT TYPE ACCESSORY BUILDINGS IN THE R-1 SINGLE FAMILY RESIDENTIAL, R-1-S SINGLE FAMILY RESIDENTIAL, AND R-2 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING A SEVERABiliTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1080, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 5.5.3 be hereby amended to read as follows: 5.5.3 Building line requirements: (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. See Section 24.7.2 D for side yard requirements for permanent type accessory buildings. 2. THAT, Section 4.5.3 be hereby amended to read as follows: 4.5.3 Building line requirements: (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. See Section 24.7.2 D for side yard requirements for permanent type accessory buildings. 3. THAT, Section 7A.S.3 be hereby amended to read as follows: 7A.5.3 Building line requirements: (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. See Section 24.7.2 D for side yard requirements for permanent type accessory buildings. 1 I , I I I I I I II I I I I I I I " I 2 4. THAT, Section 24.7.2 be hereby amended to read as follows: 24.7.2 PERMANENT TYPE ACCESSORY BUILDINGS Accessory buildings placed on a permanent type foundation shall be allowed in any residential district or in the AG - Agricultural District and comply with the following requirements: A. HEIGHT - Maximum of fifteen (15 ') feet. B. AREA - The total area of all permanent type accessory buildings shall not occupy more than thirty (30) percent of the Rear Yard Open Space area. c. NUMBER ALLOWED - Two (2) per lot. D. BUILDING LINE REQUIREMENTS - Permanent type accessory buildings shall comply with the minimum building line setback requirements of the Zoning District, except for the following provisions. (1 ) Permanent type accessory buildings shall be allowed on interior lots in the R-1, R-1-S, and R-2 Districts with a minimum side yard building line of six (6') feet, provided that the accessory building be situated thirty (30') feet behind the front building line. (2) Permanent type accessory buildings shall be allowed on corner lots in the R-1, R-1-S, or R-2 District and when situated adjacent to a side street on a corner lot the accessory building shall comply with the minimum side yard requirements of the Zoning District. Permanent type accessory buildings shall be allowed on corner lots in the R-1, R-1-S, or R-2 District with a minimium side yard building line or six (6) feet, provided that it be situated thirty (30') feet behind the front building line and be situated on a side yard having an adjacent lot. (3) Any structural attachment between the permanent type accessory building and the main structure shall not exceed six (6) feet in width or be enclosed in such a manner as to contain a controlled climate environment. E. REAR YARD OPEN SPACE REQUIREMENT - Permanent type accessory buildings shall have no effect on the Rear Yard Open Space requirement of the District. F. MASONRY REQUIREMENT - All permanent accessory buildings containing two hundred (200) square feet, or more, in area shall comply with the masonry requirements of the District. G. EASEMENTS - No permanent accessory building shall be located within or encroach upon any utility or drainage easement. H. USE - An accessory building shall not be used for a business or dwelling purpose. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. I I , I I I I I I II I I I I I I I , I 3 6. SAVINGS CLAUSE. That Ordinance 1080, The Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the North Richland Hills Charter and the laws of the State of Texas. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 2 6 DAY OF MARCH. 1992. .-~t~'.f'~ ~\ \ !-- .' "'-. .~~.-- ~.._',..:~. .-J\ ~ ~~ ~.:~-.~::, ~:-::~·:~_.._7 Vi t e.. CHAIRMAN . --... .- -. - PLA INGAND:fN~~ PASSED AND APPROVED BY THE CITY COUNCIL THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY ATTORNEY FOR THE CITY I' I , I I I I I I II 'I I I I I I I , I Page 5 P&Z Minutes March 26, 1992 ........... -~~ , ...,-/~ - restrictions being placed o~ ~à~ zoning case. Mr. LeBaron~S~ated that many of the restr~~ions are design restrictions ~át should normally be left t~the platting stage. / _rr ded the motion to 2-09 with the minimum require nt of 1550 square feet, and i luding other applicable R-3 zone g requirements. The motion w seconded by Mr. Bowen. The 2. PZ 92-08 Public Hearing to consider an amendment to the Zoning Ordinance #1080 regarding side yard requirements for permanent type accessory buildings in the R-1, R- l-S, and R-2 zoning district. Vice-Chairman Barfield asked Mr. LeBaron to explain this amendment. Mr. LeBaron explained that the present regulations for side yards were 10 feet and 6 feet, designed to accommodate rear entry garages. He stated that he did not anticipate detached garage requests. Mr. LeBaron explained that the 10 foot requirement also applies to a detached garage, but that this requirement pushes the garage into the back yard. He stated a Zoning Board of Adjustment case triggered looking into the modification to R-1, R-1-S, and R-2 zoning district side yard requirements for detached garages to change them to 6 feet from the property line. The proposed ordinance would change the side yard requirements for a permanent detached garage. Mr. LeBaron also stated he felt the need to limit the amount of enclosure on attaching the garage to the house. Vice-Chairman Barfield opened the public hearing and asked those who wished to speak in favor of the amendment to please come forward. David Baxter came forward to s eak I' I , I I I I I I II I I I I I I I r I Page 6 P&Z Minutes March 26, 1992 in favor of the amendment. He stated that the functionability of the garage is limited under present regulations. Vice-Chairman Barfield asked anyone interested in speaking in opposition to the proposed amendment to come forward. There being none, Vice-Chairman Barfield closed the public hearing. Mr. Bowen made the motion to approve PZ 92-08 as presented. Ms. Marin seconded the motion. The motion passed 5-0. 3 . STAFF REPORT Mr. LeBaron reminded the Commission that notification of the public on the Comprehensive Plan is being done via the water bills. He stated that the public hearing was scheduled for April 9, 1992. Mr. LeBaron stated that the Plan is available for inspection in the Community Development department or at the Library. 4 . CITIZEN COMMENTS None. ADJOURNMENT There being no further business the meeting was adjourned. VICE-CHAIRMAN DAVID BARFIELD SECRETARY DON BOWEN CITY OF NORTH RICHLAND HILLS Finance Extending Southwestern Bell Telephone Franchise - Ordinance No. 1790 Council Meeting Date: 4 / 13 /92 Agenda Number: GN 92-38 The City is still in negotiations with Southwestern Bell Telephone Company concerning a new franchise. Ordinance No. 1790 extends the old franchise until September 30, 1992. Recommendation: It is recommended that City Council approve Ordinance No. 1790. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other --£1'7I~.. v ~ C L\~ Acct. Number Sufficient Funds Available 4 /tf¡~~þ?-. !( IfAr/' ~ , City Manager Finance Director Department Head Signature CITY COUNCIL ACTION ITEM Pa e 1 of I ~ I I I I I I I - I I I I I I ~ I I ORDINANCE NO. WHEREAS, the City of North Richland Hills, Texas, extended a franchise to Southwestern Bell Telephone Company by passage of Ordinance No. 615 on the 13th day of October, 1975; and WHEREAS, by ordinance No. 1765, the terms of Ordinance No. 615 were extended until March 1, 1992; and WHEREAS, the City and Southwestern Bell Telephone Company are still negotiating terms for a new franchise and it is in the interest of the City and its inhabitants and in the interest of Southwestern Bell Telephone Company for the terms of the franchise to be extended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The terms of Ordinance No. 615, a franchise with Southwestern Bell Telephone Company, be extended from March 1, 1992 until September 30, 1992, and the provisions therein shall be binding on both parties. PASSED AND APPROVED this day of , 1992. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City I CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date:4/13/92 Subject: Budget Amendment for General, Support Services A d N b· GN 92-39 Park & Library and Promot1onal ,t'un<1 Encumbrance~en a urn er. The Fiscal Year 1990/91 Comprehensive Annual Financial Report presented to Council in February 1992 indicated a portion of the fund balances reserved for encumbrances. The combined encumbrance amount for the funds mentioned above is $180,504. Encumbrances are commitments related to contracts or purchase orders issued prior to September 30, 1991. These commi tments will be recorded as expenditures in the year in which the goods are received or services are performed. Generally accepted accounting procedures recommend the reappropriation of $180,504 to the various line-item budgets for Fiscal Year 1991/92. Recommendation: It is recommended the budgets for the following funds be amended for encumbrances in the amounts listed: Total: $90,811 58,967 26,476 4,250 $180,504 General Fund Support Services Fund Park & Library Fund Promotional Fund Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other -12~--r- --' Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of .. ~ L Department: :e1nance . Subject: Bequest ~ Collect - I ~ CITY OF NORTH RICHLAND HILLS from Watauga to Bill and Drainage Fees Council Meeting Date: 4/13/92 Agenda Number: GN 92-40 The City of Watauga is in the process of initiating a Drainage Utility Fee. Watauga has requested that the billing be part of the Utili ty Billing and Collection system of North Richland Hills. My department met with Watauga's Council and staff committee to review the alternatives to gathering the necessary billing information and maintaining the system once implemented. Watauga has agreed to pay for all necessary modification to our computer software to accommodate the billing process. Their City staff will update all changes to the billing files monthly. This will alleviate most of the additional workload for our billing process. Our increased workload will have an estimated cost of $300 to $400 monthly. The actual time required can be determined after one monthly cycle has been completed. We will have an agreement prepared for your consideration at that time. Watauga has agreed to reimburse the City for that expense. Recommendation: It is recommended that City Council approve the request that we implement the billing for Drainage Fees for Watauga. ~ , I I , I Finance Review , I Source of Funds: Bonds (GO/Rev.) Operating Budget Oth~ ~ 7I/~~ - Department Head Signature CITY COUNCIL ACTION ITEM . Finance Director City Manager Page 1 of I I I I I I III I I I I I I -. I I 7101 WHITLEY ROAD * WATAUGA, TEXAS 76148 * (817) 281-8047 March 24, 1992 Mayor Tommy Brown City Council City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182-0609 Dear Mayor Brown: The City Council of the City of Watauga requests that the City of North Richland Hills collect fees for the City of Watauga should the City of Watauga initiate a drainage utility fee. The City of Watauga's City Manager and City Staff have been in communication with the City Manager and City Staff of North Richland Hills in regards to this matter and have been notified that it is feasible for the City of North Richland Hills to accomplish the billing for the City of Watauga. Therefore, please consider this a formal request for your city to bill Watauga residents for any drainage utility through North Richland Hills water billing system. Thank you very much for your consideration of this matter. Sincerely, ~ L / ,\ ~/ V ':-v'~'\ it J-,' {c..-~~.h I ~/ Virgil> R. Anthony, Sr .~...:. . Mayor VRA/rms I CITY OF NORTH RICHLAND HILLS ~partment: City Secretary ~bject: Appointments to Library Board Council Meeting Date: 4/13/92 Agenda Number: GN 92-41 Place 4 on the Library Board is currently vacant. Ms. Shirley Goolsby who is presently serving as Alternate has been recommended to fill the vacancy. Ms. Mary Shilcutt has been recommended to be appointed as Alternate. Recommendation: It is recommended that City Council approve the appointments. e . Finance Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) I ~perating Budget Ot I I ( Department Head Signature CITY COUNCIL ACTION ITEM f .' ,., A· ///1-/ . C ~1-{7~ City Manager , Finance Director Pa e 1 of CITY OF NORTH RICHLAND HILLS Department: Ci ty Secretary Subject: City Council Meetinqs for May, 1992 Council Meeting Date:4/13/92 Agenda Number:GN 92-42 In compliance with the Election Code, Council needs to call a Special Council meeting for May 4, 1992 to canvass the votes of the May 2, 1992 election. Memorial Day is on May 25, 1992; therefore, Council should cancel the City Council Meeting that falls on this date. Recommendation: It is recommended that City Council call a Special Meeting for May 4 and cancel the meeting of May 25, 1992. ~ ~ ~ , I Source of Funds: Bonds (GO/Rev.) Operating Budget Other_. Finance Review Acct. Number Sufficient Funds Available /JæpU~ ~:.:z./ / (// Department Head Signature CITY COUNCIL ACTION ITEM ~rl~_ City Manager I Finance Director II.. · I I I I I I I I I~ II I ; I! I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 04-13-92 Subject: MDT System Support Agreement Agenda Number: GN 92-43 The Police Mobile Data Terminal (MDT) System was purchased in it's entirety with funds seized and forfeited through our participation in the Drug Enforcement Administration (DEA) Task Force. In order to continue to secure priority service in maintaining this system, a System Support Agreement between North Richland Hills and Motorola is required. Agreement #120291-DGle (attached) covers both fixed-site and mobile components of the initial MDT system. Previously approved contracts between this city and four other municipal ities have added twenty MDT's to the system that are also covered by this agreement. Each of the member cities is paying its proportional share of the maintenance agreement. All monies from this city are being paid directly from the forfeiture account. Recommendation: It is recommended that the attached Motorol a System Support Agreement #120291-DGle be approved by the City Council and that the City Manager be given the authority to sign the attached Agreement and its Addenda. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot her , Finance Director epartment Head Signature City Manager CITY COUNCIL ACTION ITEM C~"'ð 1 _.f. I.' I.Fonl1 9 I I I I I I I I I I 1\1otorola S}'stenl Support Agreenlcnt # 120291-DGle Cit), of Nortll Richland Hills Police Departlnent Date of Preparation: tv1arch 23, 1992 System 10: 227400 Billing Information: Commencement Date: March 1, '992 Term: 5 Years Invoice Frequency: Monthly Annual Rate Adjustment: cpr Customer P.O. #: Bill To: City of North Richland Hills Police Dept. P.O. Box 820609 North Richland Hills, Texas 76182-0609 Attention: Tom Shockley Telephone : (817) 581-5550 Service Contacts: For System Problems call: Motorola Central Dispatch: (800}-323-9950 For Mobile Repairs Call: (81 7) 589-7322 Hours of Service: The System (excluding mobile and portable equipment): 8:00 am to 5:00 pm (local time), Monday through Friday (excluding Motorola-recognized holidays) Terminals: 8:00 am to 5:00 pm (local Lime), Monc1ay through Friday (excluding ~1otorola-rccognized holidays) P'-lgc ] of Sì Equipment Sites Host Site: 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Contact: Tom Shockley Telephone: (8î7) 581-5550 Base Sites: 7301 Bursey Road North Richland Hills, Texas 76180 Contact: Tom Shockley Telephone: (817) 581-5550 Service Locations: The System (excluding mobile and portable equiprnent): Host Site Base Sites Mobile Equipment: Fort Worth Service Ccntcr 2413 Gravel Drive Fort Worth, Texas 76] IS Total Monthly Charge, March 1,1992 through December 31,1992 Total Monthly Charge (as of January 1,1993, without any Addenda) Customer Notice Address: City of North Richland Hills Police Department P.O. Box 820609 North Richland Hills, Texas 76182-0609 Attention: Tom Shockley $1,395.00 $1 ,595.00 Motorola Notice Address: Motorola Customer Service Division 1301 East Algonquin Road, 4th Floor Schaumburg, IL 60196 Attention: Service Planner I I Before signing, please read the terms and conditions of this contract including all attachments. Your signature is an offer to purchase the services described which, if accepted by Motorola, will be a Service Contract. Attachments Attachment 1 - The System Attachment 2 - Spare Equipment Anachment 3 - Sof1ware Support Addenda - Addendum A, S, C, D. E, F and G Motorola Inc. ("Motorola") I City of North Richland Hills Police Department ("Customer") I I I· I (Authorized Representative) (Title) Date (Authorized Representative) Date (Tit Ie) I.' · I. I I I I I I I I. I I I I I I I Ie I 2 . 20f9 l\1otorola System Support Agreement 1 . Agreement and Term 1. 1 The tenns and conditions set forth in tlùs System Support Agreement and its attachments ("Agreement") is an offer by the customer identified ("Customer") to purchase cenain system suppon Service(s) (as defined herein) which will become a contract when signed by an authorized representative of Motorola's Customer Service Division, and the banlång, negotiation or other use of any payment shall not constitute an acceptance by 1\1otorola. 1.2 Motorola agrees to provide Hardware Service (as defined herein) to the Customer. The Customer agrees to pay for this Hardware Service and otherwise perform the obligations set fonh herein. It is agreed that Hardware Service shall be provided only on the terms and conditions contained in this Agreement Motorola shall not be bound by terms and conditions in the Customer's purchase order or elsewhere unless expressly agreed to in writing. 1.3 This Agreement shall begin on the date signed by the Motorola representative and Hardware Service shall begin on the date indicated ("Commencement Date"). The Agreement shall continue for the period indicated ("Term") following the Commencement Date, unless sooner terminated as provided herein. Thereafter, the Agreement shall renew automatically for successive one-year additional tenns unless terminated by either pany in v,'Iiting no less than sixty days prior to the expiration date of the initial or any additional term or unless omerwise terminated as provided herein. Definitions 2.1 "System": the communications system comprised of me items listed on Anachment 1 to this Agreement. 2.2 "Hardware": one or more items of the communications equipment listed on Attachment 1 to this Agreement, other than items of software. 2.3 "Hardware Service": service to the Hardware provided by Motorola pursuant to this Agreement, as described in Section 3 herein. 2.4 "Service": any system suppon service provided by Motorola pursuant to this Agreement. 2.5 "Non-Critical Error": any malfunction of me System which does not materially impair the System functionality established in the System's performance specifications. Forni D~ I' · I. I I I I I 1 I I. I I I I I I I Ie I 3 of 9 2.6 "Critical Error": any malfunction of the System vlhich materially impairs the System functionality established in the System's perfonnance specifications, including but not limited to: (a) elimination of any part of the System's designed redundancy; (b) A loss of the System's capability to communicate with mobile or portable data terminals; or (c) A loss of the System's capability to communicate with the host computer system. 2.7 "Error": any malfunction of the System, whether Critical or Non-Crir:caI. 2.8 "Loss": total, partial or intennittent impainnent. 2.9 "Response Time": the period of time from Motorola's receipt of the Customer's notification of an Error to Motorola's commencement of corrective activity. 2.10 "Unauthorized": without Motorola's priorreview and written approva1. 2.11 "First Line System Maintenance": diagnosis and repair of System Errors a''t the Equipment Sites including removal of the defective circuit board(s) or System unites) and return of the defective circuit board(s) or System unites) to the designated Service Location. Installation of circuit board(s) or System unites) after repair at the Service Location. 2.12 "Remote Diagnostics": assistance in diagnosing System Errors through remote electronic means or telephone technical suppon. 3 . Hard,,'are Service 3. 1 The system support provided by Motorola pursuant to this Agreement shall consist of Motorola's response to the Customer's notification of a Hardware failure or System Error, repair of such Hardware or correction of such Error if caused by Hardware as provided in this section 3 (collectively referred to as "Hardware Service"). All Hardware Service shall be performed by remote electronic means or at the service location(s) indicated ("Service Location"). All Hard\\'are Service shall be performed during the service hours indicated ("Hours of Service"), unless otherwise stated herein. 3.2 Motorola Response to Critical and Non-Critical Errors 3.2.1 Motorola shall respond during the Hours of Service to notification of an Error received during the Hours of Service. Notification received at any other time shall be responded to during the next period of service. 3.2.2 Response Time shall be four hours for a Critical Error and one business day for a Non-Critical Error. Form D~ I- . I. I I I I I I I I. I I I I I I I I· I 40f9 3.2.3 After response, Motorola shall conduct Remote Diagnostics. In the case of a Critical Error only, Motorola shall continue diagnostic activity beyond the Hours of Service until the Critical Error is corrected, or until a preliminary diagnosis is made and an action plan for correction is presented to the Customer. Any such action plan may consist, in whole or in part, of on-site corrective activity by the Custorner. 3.2.4 If Motorola detennines mat me Error is caused by a condition of the software, correction is beyond the scope of this Agreement (unless the panies have agreed to Software service by separate attachment to this Agreement). If requested by the Customer, Motorola may, at its discretion, correct any such Error on a time and material basis. 3.3 Motorola shall repair Hardware which has become defective mrough normal wear and usage only. 3.4 Motorola shall routinely maintain Hardware to me manufacturer's specifications. 3.5 Hardware Service shall include the cost of all pans, labor and shipping to the Customer not otherwise excluded herein. 3.6 With regard to non-Motorola manufactured Hardware only, Motorola may temove such Hardware from mis Agreement if it cannot in Motorola's opinion be properly or economically repaired or maintained because of the unavailability of pans. Motorola shall notify the Customer of its intent to remove such Hardware mirty days in advance and the Total Monmly Charge for the next month shall be adjusted accordingly. The Customer may replace me removed item at its discretion and at its cost and, if so, Motorola may perform Hardware Service on me replacement at a Total Monthly Charge to be agreed upon. If me removed item materially impairs me functionality of the System and me Customer elects not to replace it, this Agreement shall terminate thirty days from Motorola's notification of its intent to remove the item. 4 . Excluded Services 4.1 Services to software (unless me Customer has agreed to me software service option). 4.2 Services to Hardware which has become defective omer man through normal wear and usage, such as, but not limited to: (a) accidents, physical or electronic misuse or abuse, acts of God and fires; (b) Unauthorized attempts by the Customer or mird panies to repair, maintain or modify the System; or (c) causes external to me System, including electrical power failure or anomalies, and inadequate temperature or humidity control. Forn1 04 I- - I. I I 1 I 1 1 1 I. I I I 1 1 I I I· I 50f9 4.3 Replacement, installation, maintenance or repair of items which are consumed in the course of nonnal operation of the System, such as cassettes, batteries, magnetic tapes, type elements and computer supplies. 4.4 Relocating Hardware or other equipment, or adding or removing accessories, attachments or other devices. 4.5 Services to the Hardware or System which are necessary because of Unauthorized relocation, reinstallation, or other activities that have altered the Hardware or System, or because of Unauthorized connection of the Hardware or System to other equipment, machines or devices, or because of Unauthorized alterations to other equipment, machines, or devices to which the Hardware or System is connected. 4.6 Electrical service external to the Hard ware. 4.7 Services to telephone lines or equipment used in conjunction with the System. However, if requested by the Customer, Motorola shall assist the telephone company in analyzing malfunctions in such lines or equipment on a per call basis at Motorola's time and material rate then in effect. 4.8 Services to accessories, attachments or other devices not furnished by Motorola. 4.9 Services to any transmission line, antenna, tower, tower lighting, duplexer, combiner or multicoupler, except as listed on Attachment 1. 10.,. J, Spare Equipment (option) 5.1 If the Customer has agreed to the spare equipment option, Motorola shall dedicate to the Customer the spare fIxed equipment listed on Attachment 2 ("Spare Equipment"), which the Customer may purchase from Motorola after five (5) continuous years of contracted service for the sum of one dollar ($1.00). Motorola shall store the Spare Equipment at local Motorola facilities or at the equipment sites indicated ("Equipment Sites"), at Motorolals discretion. 5.2 The Spare Equipment may be exchanged for failed or defective Hardware, and repaired Hardware may be used as spares. The Spare Equipment is provided for that purpose only, and may not be used by the Customer for any other purpose without prior written consent by Motorola. 5.3 The Customer is responsible for the loss of or damage to Spare Equipment in its possession. Where such loss or damage occurred through no fault of Motorola, or its agents or subcontractors, the Customer shall bear the cost of replacement. 5.4 There shall be no charge to the Customer for Hardware Service to the Spare Equipment. 5.5 If this Agreement is tenninated prior to the expiration of the Tenn, the Customer shall pay to Motorola the monthly charge for the Spare Equipment option times the number of months remaining to the end of the Tenn. This section shall survive tennination of the Agreement. Forn1 04 l- Ie I I I I I I I Ie I I I I I I I Ie I 60f9 6 . Customer Responsibilities 6.1 The Customer shall notify Motorola of a System Error or other need for Service by calling the service telephone numbers indicated ("Service Contacts"). Notice shall be given as soon as possible. 6.2 The Customer shall have available and accessible to Motorola at least one staff person who is fully trained on, and familiar \vith, the System and who is authorized tö act on behalf of the Customer with regard to a Motorola Service response. 6.3 The Customer shall be responsible for all First Line System Maintenance. 6.4 The Customer shall control electrical power, temperature, humidity and other site environmental conditions in accordance with the Hardware manufacturers' specifications. 6.5 The Customer shall coordinate the repair and maintenance of all equipment not covered by this Agreement. 6.6 Access to System 6.6.1 If the System permits remote diagnostic service, the Customer shall provide Motorola specified modems and 24 hour access to a telephone circuit bypassing all internal telecommunications equipment of the Customer. 6.6.2 The Customer shall provide to Motorola, at Motorola's request, all information penaining to the hardware and software elements of any system with which the System is interfacing that is necessary, or that may be necessary, to enable Motorola to perfonn its obligations under this Agreement. This information includes, but is not limited to, source codes, system configurations, plans, diagrams, print-outs, disk copies, documentation and specifications. Motorola agrees to maintain the confidentiality of any such information and shall sign a reasonable confidentiality agreement to that effect, if requested by the Customer. 6.7 The Customer is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission (FCC) or any other Federal, State or Local governmental agency, although Motorola may assist in the preparation of license applications. The Customer is solely responsible for complying with applicable FCC rules and regulations and the applicable rules and regulations of any other Federal, State or Local governmental agency. Neither Motorola nor any of its employees is an agent of the Customer in FCC or other governmental matters. 6.8 The Customer shall bear all costs associated with its obligations under the terms of this Agreement. 6.9 The Customer is responsible for obtaining a Return Material Authorization Number (~#) from the appropriate Motorola Depot prior to returning defective units for repaIr. Form 04 I', I. I I I I I I I I. I I I I I I I Ie I 8 . 9 . 70f9 7 . 6.10 The Customer is responsible for shipping costs from the Equipment Sites to the Service Locations. Limitations of Warranty and Liability 7 .1 Except as specified in this Agreement, M01"'OROLA DISCLAIMS ALL W ARRAl'ITIES, EXPRESS OR IMPl.JED, INCLUDLNG, VfITHOUT I..J.MITA TION, THE IMPLIED WARRANTIES OF MERCfIAN1-'ABILITY AND FI1"'NESS FOR A PARTICULAR PURPOSE. 7.2 Except for personal injury, death or direct physical damage to property, Motorola's total liability whether for breach of contract, negligence, strict liability in tort or otherwise, is limited to the greater of One Hundred Thousand Dollars ($100,000.00) or the price paid to Motorola for one year's service prov':ded under the tenns of this Agreement. IN NO EVENT SHALL MOTOROLA BE LiABLE FOR A1\TY INCIDENTAL, INDlREcr, SPECIAL OR CONSEQUENTIAL DAMAGES, such as, but not limited to, loss of profits or revenue, cost of downtime, cost of capital, loss of use, damage to or loss of use of other property or equipment, cost of substitute products or services, loss of data, failure to realize expected savings, frustration of economic or business expectations, service interruptions to or other claims by third parties, or economic losses of any kind, even if Motorola has been advised of the possibility of such damages. 7.3 Motorola does not assume and shall have no liability under this Agreement for failure to provide or delay in providing services due directly or indirectly to causes beyond the control of Motorola, its agents and subcontractors, including, but not limited to, acts of God, acts of the public enemy, acts of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the Disaict of Columbia, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine resaictions, saikes, freight embargoes, and unusuall)' severe weather conditions. Revision of Total 1\1onthl}' Charge Prior to each anniversary of the Commencement Date, during or after the Tenn, Motorola shall increase the monthly charge indicated ("Total Monthly Charge") by a percentage equal to the percentage increase in the most current consumer price index (all goods) for the country in which the Customer is located. If the applicable consumer price index has not increased, the Total Monthly Charge shall remain unchanged. The new Total Monthly Charge shall become effective on the anniversary date. Payment 9.1 The Customer shall pay to Motorola the current Total Monthly Charge, and any other amounts owed to Motorola, for each month of the Tenn and any additional terms. 9.2 Motorola shall send to the Customer an invoice for the Total Monthly Charge for the next month plus any other charges for services rendered. Customer shall pay the invoice to Motorola on or before ten days from the date of the invoice. Each invoice shall be due and payable whether or not the System is operating. Form D~ I- I. I I I I I I I I. I I I I I I I Ie I 11. 8 0[9 9.3 The Total Monthly Charge for a partial month's Service shall be prorated on the basis of a 30 da)' month. 9.4 If Motorola provides Services at times other that the Hours of Service, or provides services that are otherwise not covered by this Agreement, Motorola shall charge for such services on a per call basis at Motorola's time and material rate then in effe.ct. Charges for such services shall include Motorola's travel rime and expenses. 9.5 The Customer shall reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law , rule or regulation with respect to all services rendered by Motorola, except Federal and State income, profit and fra'1r.hise taxes of Motorola. 10. Termination 10.1 If either pany fails to perform its obligations under this Agreement and such failure continues for a period of thiny days after receipt of written notice by the other party, the other party shall have the right to tenninate this Agreement. 10.2 This Agreement shall automatically tenninate in accordance with the provisions of Section 3.6. 10.3 Nothing contained in this Agreement shall be deemed to create any express or implied obligation on either party to renew or extend this Agreement or to create any right to continue this Agreement on the same tenns and conditions contained herein. lOA If the Customer is a governmental agency, and if funding for the Agreement is not received for any fiscal year, it may terminate this Agreement effective at the end of the last year of funding. General 11.1 All notices which either party is required to serve upon the other under the tenns of this Agreement shall be in writing and shall be served by personal delivery or by certified mail to the address indicated ("Notice Address"). 11.2 Motorola shall have the right to subcontract, in whole or in pan, its obligations under this Agreement. 11.3 This Agreement is binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. Neither pany may assign or transfer this Agreement, in whole or in part, without the express prior written consent of the other party. 11.4 No amendment, modification or addition to this Agreement shall be binding upon either party unless it is in writing and signed by an authorized representative of each party. Form D4 I I. I I I I I I I I. I I I I I I I Ie I 11.5 11.6 11.7 90f9 The parries acknowledge that they have read and understand the terms and conditions of this Agreement and agree to be bound by them, that this Agreement is the complete and exclusive statement of the agreement between the parries on this subject, and that this Agreement supersedes all proposals, oral or written, and all other communications between the parries relating to the subject matter hereof. If any provision of this Agreement is contrary to, prohibited by or held invalid by any lawt rulet order or regulation of an)' government or by the final detennination of any state or federal COUrt, such invalidity shall not affect the enforceability of any other provision not held to be invalid. Failure or delay on the part of either party to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement. * * * Form D4 I I I I I I I I I I I I I I I I I I I 120291·DGlc Motorola System Support Agreement, Attachment 1 - The System Hardware Item Model No. Description , . C99CX Digital Capable MSF5000 2. C99CX452C MSF5000 800MHz, 25W Power Amplifier 3. D2007G GCC480 Base Station Controller 4. TDN8394 GCC 201 Sn- RFI Modem 5. TDN7894A NCP500-1 Base Station, Async 6. AMDT025 9100-11, 800MHz, 25W Mobile Terminal 7. 386-25e Compaq CPU with 200 MB Quantum Hard Drive 8. LU6.2 Rabbit Communications Card 9. DCP88NM Emulex Bisync Card , O. EMIS101 Amdek Monitor , 1 . 550 Comtrol Hostess Card 12. V.32 UDS Diagnostic Modem 13. ML320 Okidata Matrix Printer Qty. 1 24 Item Software Description NCPSOO Async Software Qty. 1 . Model No. TDN7902A Forn1 ~ Serial No. I' I I I I I I I I I I I I I I I I I I 120291-DG 1 c Item 1\'1otorola S)'stem Support Agreement, Attachment 2 - Spare Equipnlent Forn) g Model No. Description Qty. Serial No. I' I. I I I I I I I Ie I I I I I I I Ie I 1 of ~ ATTACHMENT 3 Motorola System Support Agreement Software Service 1. Agreement 1.1 This document is an attachment to the Motorola System Support Agreement ("Agreement"), of which it is a part. If this document is proposed as an addendum to the Agreement, it is an offer by the Customer to purchase Software Service(s) (as defined herein) which will become part of the Agreement when signed by an authorized representative of Motorola's Customer Service Division, and the banking, negotiation or other use of any payment shall not constinne an acCeptance by Motorola. 1.2 Motorola agrees to provide Software Service (as defined herein) to the Customer. The Customer agrees to pay for this Software Service and otherwise perfonn the obligations set forth in the Agreement It is agreed that Software Service shaH be provided only on the terms and conditions contained in this Agreement. Motorola shall not be bound by terms and conditions in the Customer's purchase order or elsewhere unless expressly agreed to in writing. 1.3 Software Service shall begin on the Commencement Date, or other date that may be stated in an addendum to the Agreement. 2 . Definitions 2.1 "Software": one or more items of the application or System operating software listed on Attachment 1 to the Agreement. 2.2 "Software Service": service to the Software provided by Motorola pursuant to this Agreement, as described in Section 3 herein. 2.3 "New Version It: later edition of the Software which has enhanced functionality system performance or compatibility. 2.4 "Revision": change to the Software that corrects a System Error. 3 · Soft\\'are Service 3. 1 The system support provided by Motorola pursuant to this Agreement shall include Motorola's response to the Customer's notification of a System Error and correction of such Error if caused by Software, as provided in this Section 3 (collectively referred to as "Software Service"). All Software Ser\'Ìce shall ~ peIformed by remote electronic means or at the Service Location(s). All Software Service shall be peIfonned during the Hours of Service, unless otherwise stated herein. Revised Sept 4, 1991 Fonn F5 I I. I I I I I I I I. I I I I I I I Ie I 20f2 3.2 Motorola Response to Critical and Non-Critical Errors 3.2.1 Motorola shall respond to Critical and Non-Critical Errors as provided in the Agreement. 3.2.2 After response, Motorola shall correct the Error if it is caused by Software. Motorola may Revise the Soft~'are to correct the Error. 3.3 Motorola shall support the Software to the functionality established in the System's perfoffi1ance specifications or as defmed in a subsequent Revision(s) of the Software. With regard to non-Motorola written Software only, Motorola's support obligation does not extend beyond the availability of support from the Software Ii censor. 3.4 Revisions made to software of the same type as Customer's Software shall be provided to the Customer by media or download on request, if such revisions are not incompatible with the System. Motorola may install and test such revisions at Motorola's time and material rate then in effect. 4 . Excluded Services 4.1 Services to Software when the Hardware is, or would be, excluded from Service as provided in the Agreement. 4.2 Services to New Versions of Software. 4.3 Services to maintain Software compatibility with non-Motorola software, whether or not part of the System, which are necessary because of Unauthorized revisions, upgrades or other changes to non-Motorola software. 4.4 Services to Software which are necessary because of revisions, upgrades or other changes to the software of the host equipment (if not part of the System) or other equipment not part of the System. 4.5 Services to Software which are necessary because the Customer modified, upgraded or otherwise changed the Hardware. 5 · Customer Responsfbilitiès The Customer shall not make Unauthorized revisions, upgrades or other changes to the Software. * * *. Revised Sept 4, 1991 Fonn F5 I l\lotorola S)'stem Support Agreement, AddenduJl1 A City of North Richland Hills Police Department leThe Software listed below is to be added to and fonn a part of the "System" as defined in Motorola System Support Agreement number 120291-DGle. The Spare Equipment listed below is to be added to and form pan I of Attachment 2 - Spare Equipment. All other tenns and conditions of that Agreement numbt:r 120291-DGle remain in full force and effect. This Agreement shall become effective on the date signed by Motorola's authorized representative. I I I I I I I I I I I I I I I I Fornì At)} Commencement Date, Addendum A: April 1, 1992 Spare Equipment Item Model No. Description Qty. Serial No. 1. D2007G GCC480 Base Station Controller 1 2. TDN7894 NCP500 Async System Kit , 3. 386-25e Compaq CPU with 21 OMS Hard Drive , - , 4. LU6.2 Rabbit Communications Card 1 5. DCP88NM Emulex Bisync Card 1 6. WY60 Wyse Terminal , 7. 550 Comtrol Hostess Card , 8. V.32 UDS Diagnostic Modem , 9. ML320 Okidata Matrix Printer 1 Softwa re Item Model No. Description Qty. 1 . LE/SW1 Multi-Agency Message Switch Software , 2. LE/SW2 TCIC/NCIC Interface Software 1 3. LW/SW3 Mobile Data Interlace Software 1 4. LE/SW4 CAD Host Interface Software 1 Total Monthly Charge Addendum A (for the period April 1 , 1992 through December 31, 1992) Total Monthly Charge Addendum A (as of January 1, 1993) $931.11 $1,147.00 Adjusted Total Monthly Charge for Agreement Number 120291-DG Ie for the period April 1 , '992 through December 31, 1992 (includes Addendum A) $2,326.1 1 Adjusted Total Monthly Charge for Agreement Number I20291-DG Ie as of January 1, 1993 (includes Addendum A) $2,742.00 Your signature below is an offer to purchase the services described which, if accepted by Motorola, will become a part of the existinQ Service Contract. City of North Richland Hills Police Department ("Customer") Motorola Inc. ("Motorola") (Authorized Representative) (Authorized Representative) (Title) (Tit Ie) Date Date I- I. I I I I I I I I I I I I I I Ie I 1\1otorola System Support Agreement, Addenduln B City of North Richland Hills Police DelJartlnent The Spare Equipment listed below is to be added to and fonn part of Attachment 2 - Spare Equipnlent. All other terms and conditions of that Agreement number 120291-DGle remain in full force and effect. l"'his Agreement shall become effective, for the options Accepted, on the date signed by I\1otorola's authorized representative. Forn1 A() 1 Commencement Date, Addendum B: January 1, 1993 Spare Equipment Item Model No. Description Dty. Serial No. , . 2. C99CX C99CX452C Digital Capable MSF5000 MSF5000 800MHz 75 Wan Power Amplifier Total r,¡1onthly Charge Addendum B (Includes Basic Monthly Charge and accepted Options) Adjusted Total Monthly Charge for Agreement Number 120291-DGle (includes Addendum B) $ $1 70.00 Your signature below is an offer to purchase the services described which, if accepted by Motorola, will become a part of the existinq Service Contract. City of North Richlar,d Hills Police Department ("Customer") Motorola Inc. ("Motorola") (Authorized Representative) (Authorized Representative) (Title) (Tit Ie) Date Date The anlendnlents below shall be added to and form a part of Agreenlent nunlber 120291-DG] e. All other tenns I and conditions of that Agreement number 120291-DG 1 e remain in full force and eff eCL This Agreement shaJl .ecome effective on the date signed by Motorola's authorized representative. I I I I I I I Ie I I I I I I I Ie I I· Motorola S~'stem SUIJport Agreelnent, ~~ddendull1 C FOIl!) i.) Paragraph 5.5 shall be deleted and replaced ,vith the follo\ving Paragraph 5.5: 5.5 If this Agreement is terminated prior to the expiration of the Term, the Customer shall either pay to Motorola the monthly charge for the Spare Equipment option times the number of months remaining to the end of the Term or return the Spare Equipment to Motorola within thiny (30) days of termination of the Agreement. If the Customer elects to return the Spare Equipment, the Customer shall be responsible for all costs associated with the return. This section shall survive termination of the Agreement. 9. Payment The following Paragraph 9.6 shall be added to Section 9: 9.6 If the Customer prepays the Agreement, including Addendum A, for the period March 1, 1992 through December 31, 1992, and a Purchase Order for prepayment is postmarked no later than May 1, 1992, the total prepayment amount, after prepayment discount, shall be $22,000.00. This prepayment amount does not include any Addenda other than Addendum Ä. 10. Termination The following Paragraph 10.5 shall be added to Section 10: 10.5 If the Customer is a governmental multi-agency provider of MDT services, and if fùnding for a particular governmental agency user is not received for any fiscal year, this Agreement shall be amended with 60 day prior notice by the Customer to delete the MDT's of that particular governmental agency user. Your signature below signifies agreement with, and acceptance of, the amendments listed which, if accepted by Motorola, will become a part of the Service Contract. City of North Richaland Hills Police Department ("Customer") Motorola Inc. {"Motorola"} (Authorized Representative) (Authorized Representative) (Title) (Tit Ie) (Date) (Date) I· Ie I I I I I I I I I I I I I I I I 1\1otorola S,ystem Support Agreelnent, Addendull1 D City of North Richland Hills Police Department (City of Colleyville) Fonl1 Al The items listed below are to be added to and form a part of the "System" as defined in Motorola System Support Agreement number 120291-DGle. All other terms and conditions of that Agreement number 120291-DGld remain in full force and effect. This Agreement shall become effective on the dale signed by Motorola's authorized representative. Commencement Date, Addendun1 D: March 1, 1992 Hardware Item Model No. Description Oty. Serial No. 1 . AMDT025 9100-11, 800MHz, 25W Mobile Terminal 8 06234 06235 06236 06237 06238 06239 06240 06241 Software Item Model No. Description Qty. Monthly Charge, Addendum D Adjusted Total Monthly Charge for Agreement Number 120291-DG1e (includes Addendum D) $ $256.00 Your signature below is an offer to purchase the services described which, if accepted by Motorola, will become a part of the existinq Service Contract. City of North Richland Hilts Police Department ("Customer") Motorola Customer Service Division("Motorola") (Authorized Representative) (Authorized Representative) (Title) (Tit Ie) Date Date 1\1otorola S)'stell1 SU(Jport Agreement, Addendulll E City of North Richland Hills Police Department I (City of Haltom City) e The items listed below are to be added to and form a part of the "System" as defined in Motorola System I I I I I I I I I I I I I Fornl A I Support Agreement number 120291-DG Ie. All other terms and conditions of that Agreement number l20291-DG I e remain in full force and effect. This Agreement shall become effective on the date signed by Motorola's authorized representative. Commencement Date, Addendum E: February 1, 1992 Hardware Item Model No. Description aty. Serial No. 1 . AMDT025 9100-'1, 800MHz, 25W Mobile Terminal 7 I I Software Item Model No. Description Dty. I I Monthly Charge, Addendum E $224.00 Adjusted Total Monthly Charge for Agreement Number 120291-DG1e (includes Addendum E) $ Your signature below is an offer to purchase the services described which, if accepted by Motorola, will become a part of the eXistinq Service Contract. City of North Richland Hills Police Department ("Customer") Motorola Customer Service Division("Motorola") (Authorized Representative) (Authorized Representative) (Title) (Title) Date Date I J\10torola System Support Agreement, Addendum F I City of North Richland Hills Police Department I (City of Southlake) eThe items listed below are to be added to and form a part of the "System" as defined in Motorola System I Support Agreement number I2029I-DG Ie. All other terms and conditions of that Agreement number 12029I-DGle remain in full force and effect. This Agreement shall become effective on the date signed by I Motorola's authorized representative. Commencement Date, Addendum F: June 15, 1992 I I I I I I I I I I I I I I Fl>! In A I Hardware Item Model No. Description Qty. Seria I No. 1 . AMDT025 9100-' 1, 800MHz, 25W Mobile Terminal 6 Software Iterr: Model No. Description Qty. Monthly Charge, Addendum F $192.00 Adjusted Total Monthly Charge for Agreement Number 120291-DG1e (includes Addendum F) $ Your signature below is an offer to purchase the services described which, if accepted by Motorola, will become a part of the existinQ Service Contract. City of North Richland Hills Police Department ("Customer") Motorola Customer Service Division{"Motorola") (Authorized Representative) (Authorized Representative) (Title) (Title) Date Date I . 1\1otorola S)'stenl Support Agreell1ent, Addendull1 G Forn¡ L> 1 The an1endnlents below shall be added to and foml a part of Agreenlent number 120291-DG 1 e. An other tenllS I and conditions of that Agyeement number 120291-DGle remain in full force and effect. This Agreement shalJ . become effective on the date signed by Motorola's authorized representative. I This Addendum A contains the necessary provisions for Motorola to be responsible for First Line System 1\1aintenance. I I I I I I Paragraph 3.1 is deleted and replaced with the following Paragraph 3.1 : 3.1 The system support provided by Motorola pursuant to this Agreement shall consist of Motorola's response to the Custonler's notification of a Hardware failure or System EITor, repair of such Haràvvare or correction of such Error if caused by Hardware, and routine maintenance of Hardware as provided in this section 3 (collectively referred to as "Hardware Service"). All Hardware Service shall be performed by remote electronic means or at the service location(s) indicated ("Service Location "). A II Hardvvare Service shall be performed during the service hours indicated ("Hours of Service"), unless otherwise stated herein. Paragraph 3.2.3 is deleted and replaced with the following Paragraph 3.2.3: 3.2.3 After response, Motorola shall correct the Error if it is caused by Hard\vare which has becoIlle defective through normal wear and usage. In the case of a Critical Error only, Motorola shall continue correctivè activity beyond the Hours of Service until the Critical Error is corrected, or until a preliminary diagnosis is determined and an action plan for correction is presented to the Customer. Any such action plan may consist, in whole or in part, of corrective activity off-site. The following Paragraph 4.10 is added: 4.10 Services to Hardware which, in Motorola's opinion, is located in an environment that is ~hazardous to the safety or health of Motorola employees, agents or subcontractors. Ie Paragraph 63 is deleted. I I I I I I I Ie I The following Paragraph 6.6.3 is added: 6.6.3 The Customer shall provide to Motorola 24 hour full and free access to the System, and waiver of liability or other restrictions shall not be imposed as a site access requirement. The Custonler shall furnish shelter, heat, light and power at Customer-owned Service Locations, and shall permit MOlOrola to use necessary machines, conlnlunications, facilities, features and other elluipn1enl. Paragraph 6.9 is delted and replaced with the following Paragraph 6.9: 6.9 The Customer shall be responsible for all costs associated with any unusual method of conveyance required to gain access to the Service Location including, but not lin1ited lO, four-wheeJ drive vèhiclt:, helicopter and snownlobile. Your signature below signifies agreement with, and acceptance of, the amendments listed which, if accepted by Motorola, will become a pan of the Service Contract. City of North Richland Hills Police Department ("Customer") Motorola Inc. CtMotorola") (Authorized Representative) (Authorized Representative) (Tit Ie) (Tit Ie) (Date) (Date) CITY OF NORTH RICHLAND HILLS Parks & Recreation Department Council Meeting Date: 04-13-92 R~cycling Proceeds Agenda Number: GN 92-44 The City's "recycling proceeds" have been collecting in escrow for approximately one (1) year. To date $18,952 has been accrued without a designed purpose for expenditure. . Council Member Jo Ann Johnson has come up with an idea for the allocation of these funds which would benefit the community as a whole. The recommendation is to allocate funds on the basis of need and availability for community-wide "special events". Examples of which would include: * The volunteer built "Creative Playground". * "Easter in the Park" - The annual city-wide Easter egg hunt for North Richland Hills families. * "EarthFest" - A spring festival celebrating the environment, "Earth Day", "March for Parks", games, entertainment, car show, crafts, etc.. * Concerts in the Parks. * The "Christmas Tree Lighting" Ceremony and city-wide decorations, banners, etc.. The Finance Department projects that the "recycling proceeds" should generate between $15,000 to $18,000 annually, contingent upon the fluctuations of the recycled materials market. At the April 6, 1992 Parks and Recreation Board meeting the Board unanimously endorsed the suggested use of "recycling proceeds" for community-wide events and special projects. RECOMMENDATION: It is recommended that the current $18,952 and future accruals up to an accumulative total of $20,000 be designated for the City's contribution towards the "Creative Playground" Project; and that future accruals be allocated for other special community-wide events and special projects as needed and approved by the City Council. Finance Review Acct. Number Sufficient Funds Available ¢ '\ f1/~ City Manager - Finance Director Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of I CITY OF J NORTH RICHLAND HILLS I Department: Parks & Recreation De~artment Council Meeting Date: 04-13-92 . Cost Sharing with BISD for Survey and site Plan for ubject: City / School Facilities at Richland High School Agenda Number: GN 92-45 The City Council and BISD Board of Trustees at their joint meeting February 27, 1992, instructed Staff to solicit a proposal for professional design services for the recreational and athletic facilities at the 33.5 acre Richland High School site. The City/School Cooperative Committee has reviewed the attached proposal and is recommending the City and BISD equally share the "first increment" design costs of $24,600. This would include the p~eparation of an aerial photograph, planimetric topographic survey, as well as a site plan for the site improvements and planned facilities. The City's share for this phase of development planning would be $12,300. FUNDING SOURCE: There is currently $4,000 available in the Parks and Recreation budget for professional services. The additional funding may be appropriated from City Council's Reserve for Contingency. That may be accomplished by modification to the existing budgets as identified below: Budqet Revisions From: 01-00-00-3900 Delinquent Property Tax (Increase revenue estimate) $40,000 I eTO 01-99-01-5970 Budget Reserve for Contingency (Increase of appropriation) $40,000 Fundinq Reauired for site Plan From: 01-99-01-5970 To 01-70-01-4800 Budget Reserve for Contingency Parks Administration-Special Studies $ 8,300 $ 8,300 The proposed funding will add additional flexibility for Council's Reserve for Contingency for the balance of the year. This modification to the revenue and expense budget can be accomplished because of an unanticipated collection of delinquent taxes on one large parcel of property. RECOMMENDATION: The Council is requested to approve funding for one-half of the professional design service fees in the amount of $12,300 in the cost sharing with BISD for survey and site plans for recreational and athletic facilities at the 33.5 acre site at Richland High School. Formal contract will be presentd to the Council for ratification within 30 days. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available ~perating Budget ~ther , r---~ ~~----~ ¿ )~b~~ Department Head Signature I City ~ger CITY COUNCIL ACTION ITEM . F mance Director I Page 1 of CITY OF NORTH RICHLAND HILLS Department: Parks & Recreation Department city/School Joint Facility and Equipment ubject: Use Aqreement Council Meeting Date: 04-13-92 Agenda Number: GN 92-46 On January 27, 1992 the city council approved the initial agreement to share facilities for educational and leisure related activities. The attached agenda sheet (GN 92-15) provides an overview of the purpose and benefits of this agreement. The Birdville Independent School District Board of Trustees has also been petitioned by other municipalities in their District to adopt similar agreements. In an effort to economize and simplify implementation of this ag~eement, the School District has modified our model agreement to be generic enough to serve all interested communities. The City/School Cooperative Planning Committee has reviewed the modifications to the agreement which addresses the following changes: - Each city will develop an equitable system of scheduling facilities reciprocally with BlSD. - Expanded equipment sharing agreement. - Definition of liability assumption by facility owner and user. The City/School Cooperative Planning Committee recommended at their April 8, 1992 meeting that the revised agreement be forwarded to the city council and BISD Board of Trustees for final review and adoption. The BISD Board of Trustees will review the proposed agreement at their April 9, 1992 meeting. If there are any additional revisions recommended as a result of that meeting, Staff will fax an updated version to Council as soon as possible. RECOMMENDATION: It is recommended that the City Council review and adopt the revised Aareement to Share Eauipment and Facilities Between the Birdville Independent School District and the city of North Richland Hills. ATTACHMENTS: Revised BISD/NRH Agreement Finance Review Source of Funds: Bonds (GO/Rev.) gf:~~ting C~- ~ ~b'1xr- Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available Rft~ , Fmance Director City Manager Page 1 of I I I I I I I . I I I I I I I' f I AGREEMENT TO SHARE EQUIPMENT AND FACILITIES BETWEEN THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF NORTH RICHLAND HILLS This agreement is between the BIRDVILLE INDEPENDENT SCHOOL OISTRICT (liB ISO ") and the CITY OF NORTH RICHLAND HILLS (" CITY") to provide for the shared use of CITY and BlSO equipment and facilities upon the following terms and conditions. WIT N E SSE T H : WHEREAS, the governing bodies of the CITY and BISO are mutually interested in an adequate program of educational and leisure related activities which can best serve the citizens of CITY most effectively and economically; and WHEREAS, full cooperation between the CITY and BISD is necessary to achieve the best service with the least possible expenditure of public funds. NOW THEREFORE, in consideration of the premises, CITY and BISO do now agree to cooperate in sharing equipment and facilities with each other and to that end agree as follows: 1. BISO will make available to CITY for community leisure activities certain of it's facilities which are suitable for community leisure activities and will loan to CITY equipment which CITY needs in connection with its operations. The facilities and equipment ar to be selected by the city council of CITY, or its designee, and are subject to approval by the BISO board of trustees, or its designee. I I I I I I I . I I I I I I I f I 2. CITY will make available to BISO for school events, activities and/or programs, all parks and recreational facilities of CITY which are suitable for events, activities and/or programs of BISO, and will loan to BISD equipment which BlSO needs in connection with its operation. The facilities and equipment are to be selected by the Brso board of trustees, or its designee, and are subject to approval by the city council of CITY, or its designee. 3. All rules and regulations applicable to any shared facility or equipment will apply to the user. 4. BISD desires to enter into sharing agreements with each city within the district's boundaries and therefore in order to treat each city fairly and equitably, each party hereto agrees to develop a system for scheduling the use of facilities and equipment. The owner of a facility or equipment will have priority in the event of a conflict in programs and/or dates for usage. with respect to facilities and equipment owned by CITY, BISO shall have second priority and other groups or agencies will have third priority. with respect to facilities and equipment owned by BISO, it will develop a system to try to treat each city within the district equitably in the event of conflicts among the cities in their requests to use facilities and equipment. Such cities shall have second priority and other groups or agencies will have third priority. Provided, however, each party hereto agrees that the governing body of the other party may determine that it should continue to contract with third parties for use of its facilities in cases where the third party has regularly (whether annually or more often) contracted for or reserved and used a facility owned by such party. Agreement to Share Equipment and Facilities Page - 2 I ~ I I I I I I I . I I I I I I I f I 5. The user of a shared facility shall furnish and supply all consumable materials and supplies necessary for carrying out its program. 6. Each party agrees to pay for any damage which occurs while a facility is being used by it pursuant to this agreement. 7. The party using a facility pursuant to this agreement will pay the following expenses: (a) The estimated cost of utilities used at the facility. (b) compensation paid to an employee of the owner of a facility required to be present because of the sharing under this agreement. The owner of the facility shall determine whether employee(s) are required. 8. Each party shall disclose to the other party all equipment which it owns that is suitable for sharing with the other party and to make such equipment available for use by the other party at such times as the other party is in need of such equipment and would otherwise have to rent or purchase similar equipment. If any equipment is damaged, broken, lost or not returned in the same condition as when it was borrowed, normal wear and tear excepted, the using party agrees to pay for such damage, repair or replacement promptly. 9. CITY acknowledges that BISD has no liability in connection with its ownership and operation of its facilities and equipment, except for vehicles, and agrees that it will not look to BlSD for any claims which may -arise out of the use by CITY of a BISD facility. CITY agrees to assume and be responsible for any claim, damage, loss, or injury for which CITY may legally be held liable. Agreement to Share Equipment and Facilities Page - 3 I I I I I I I . I I I I I I I , I '. ".,', ··<';¥""{~;.T"'" ~ ";.; !.,:::~::<;.~~;:%: '.';"';,..,\ ......... C". .~.... ..' .. ...:....: '-"'.. ..... .",.....,,< ".~. - .... ~.·:è::'.:t:><~;r:l::< .'. ....,'. :~\'\ .~ , .__, _ ,; .', . '...._ ~"'H ... " . .'';' , " . .- _ .':,":" . ;. _.L ''''._ -,<-";,~:>,,,_, ."'. . . '~''';'' .. . _. ' ~. '.,'. , . .' ,", ..-' ,~,., . . .... 10. This agreement may be canceled by either party at any time if its governing body determines at a properly called meeting that such cancellation is in its best interests. 11. The parties agree to continue to search for new areas of cooperation and to that end shall meet regularly together, along with interested community groups and appropriate CITY and BISD administrative officials. Executed the day of , 1992. CITY OF NORTH RICHLAND HILLS BIRDVILLE INDEPENDENT SCHOOL DISTRICT By: By: TOM PEKURNEY, PRESIDENT TOMMY BROWN, MAYOR ATTEST: ATTEST: JEANETTE REWIS, CITY SECRETARY CHARLES YATES, SECRETARY APPROVED AS TO FORM: city Attorney Attorney for BISD Rex McEntire James B. Morgan Agreement to Share Equipment and Facilities Page - 4 ~ I Department: T .bject: Source of Funds: Bonds (GO/Rev.) . Operating Budget ~ Other CITY OF NORTH RICHLAND HILLS Public Works Approve Purchase of Right-of-Way from RA~nla .tin" TrI.~t ~nrpnr;:¡tinn for the Proposed Agenda Number: Construction of Bursey Road (Parcel Nos. 17, 18, 19,21 ,22,23) Council Meeting Date: 4/13/92 PU 92-09 The staff has negotiated with Resolution Trust Corporation to purchase right-of-way from their property that fronts on Bursey Road. The negotiated price is $29,930.00, equaling $2.50 per square foot for property that is zoned AG and C-1 . In the beginning, a total of 22 parcels of right-of-way needed to be acquired. Including this purchase, 19 of the 22 parcels have been acquired to date. The remaining parcels to acquire are: 1 . Parcel #3 - Still negotiating but should be completed soon. 1 pa rcel 2. Parcel #9 - Has been appraised and offer has been made. (Decision on sidewalk in front of their house to be made.) 1 parcel 3. Lone Star Gas Company - Will be acquired upon agreement about line relocations. 1 Da rcel Total Number of Parcels Remaining 3 Darcels Recommendation: The staff recommends approval of payment for right-of-way on Bursey Road to Resolution Trust Corporation in the amount of $29,930.00. Finance Review .-G.L . Finance Director ant Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I. I I I I I I I -- I I I I I I ~e I I ~IGIiT ~F 'r'1AY I:EED ~qITHOUT ~'lARRANTIES Date: April 1 , 1992 Seller: Resolucion Trust Corporation as Receiver for First American Federal Savings Bank, Santa Fe, New Mexico Seller's Mailing Address: 1515 Arapahoe Street Tower 3, Suite 800 Denver, CO 80202 Buyer: City of North Richland Hills, a municipal corporation of Tarrant County, Texas Buyer's Mailing Address: 7301 N.W. Loop 820 North Richland H2.l2.s.. ~=:: '"7~:180 Consideration: Twenty-Nine Thousand Nine Hundred Thirty Dollars ($29,930.00) and other good and valuable consideration. Interest to be conveyed: A perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of-way, as described on the plat attached hereto, and which plat is ma.de a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) ~eservations from and Exceptions to Conveyance: record. All !Ylatters of Grantor, for the Consideration and subj ect to the Reservations from and Exceptions to conveyance, conveys to grantee the above ~eferenced interest wit~out express or im91ied warranty; and all ¡(:i l' :: .::l:: ::. =- 2 S ~-: :: a c - . ::.~ r'l :: --'" .:: =- .3 e :J Y ,-= c rom 0 n _ a:'Ñ all c. .=. .:-: e ., va 1.- raIl t. l e S l Il Section 5.023 of the Texas Property Code (or its successor) are excluded. RESOLUTION TRUST CORPORATION AS RECEIVER FOR First American Federal Savings, Santa Fe, New Mex~c/ . BY: :¡L /f(~ lTS Ti LIt::: ArnøJé){ J,j F1\-u Page 1 of 2 I I. I I I I I I I -- I !I I I I I I I- I STATE OF COLORADO SSe CITY AND COUNTY OF DENVER This instrument was acknowledged before me on che day of flpLJL I 1992, by c:; fYJAJ2.IAJA-llo as -:þg...pt I HERD. of Resolution Trust Corporation as Receivér for First American Federal Savings Bank, Santa Fe, New Mexico. I (SEAL) ../ Notary Publi My Commission Expires Aug. 3. 1993 My commissicn expir~s: Page 2 of 2 I I. I I I I I I I -- I I I I I I I I· I GRANTING OF RIGHT OF ENTRY THIS AGREEMENT is entered this ~ day of April 1992 between the CITY OF NORTH RICHLAND HILLS I a municipal corporation of Tarrant County, Texas, hereafter referred to as "CITY," and RESOLUTION TRUST CORPORATION AS RECEIVER FOR FIRST AMERICAN FEDERAL SAVINGS BANK, SANTA FE, NEW MEXICO, hereafter referred to as "OWNER." WHEREAS, the CITY needs a right of entry in and upon the property described in Exhibit "A" attached hereto and by reference incorporated herein for the development thereof or access thereto for a public purpose, to wit: A perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or llpon said right-of- way, as described on the plat attached hereto, and which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) and WHEREAS, OWNER is willing to permit the CITY to enter upon, cake possession of and occupy OWNER's land and appurtenances for said public, to wit: A perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public Page 1 of 3 I I. I I I I I I I -- I I I I I I I Ie I street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public 11tilities in, under or upon said right-af-way, as described on the plat attached hereto, and which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) NOW, THEREFORE, it is agreed as follows: 1. OWNER hereby authorizes the CITY to immediately enter and take possession and occupy the land described in Exhibit "A." 2. CITY agrees that it will cause an appraisal to be made to establish the fair market value of said property and present the OWNER with such appraisal report together with an offer to purchase. 3. OWNER agrees that if the offer to purchase is accepted, that OWNER shall convey the property by special warranty deed. 4. The closing for such purchase will be at a title company selected by the CITY with the CITY to pay for closing costs and title insurance, as required by OWNER. 5. If the OWNER rejects the CITY's offer to purchase, the CITY agrees to promptly file a condemnation suit and the OWNER will have the right to contest the amount determined by such appraisal to be the fair market value. Further, CITY will tender into court an amount of money equal to such appraised value, which money may Page 2 of 3 I I. I I I I I I I -- I I I I I I I Ie I be withdrawn by OWNER in accordance with Utah statutes concerning condemnation suits, without prejudice to a trial determination of fair market value. The right of entry, possession and occupancy of OWNER's land by CITY shall continue pending the court's determination of the price to be paid OWNER. 6. If a survey to establish a more complete legal description of the land is required by CITY, OWNER agrees to permit the CITY access to the OWNER's land necessary for the proper determination of such legal description. 7. The CITY agrees to indemnify and hold OWNER harmless from and against any loss, liability, claim, damage or cause of action, including attorney's fees, that arises from any act or omission by the City or its employees, agents, or contractors related to the right of entry parcel referred to herein. In addition, CITY represents that its employees are properly enrolled iTI a worker's compensation insurance program. 8. This right of entry shall terminate by December 31, 1992 or upon the sale, or condemnation of the property. IN WITNESS WHEREOF, the parties subscribe their names. RESOLUTION TRUST CORPORATION AS RECEIVER FOR FIRST AMERICAN FEDERAL SAVINGS BANK, SANTA FE, NEW MEXICO BY: ~ I1(µ4/41MJ ftTrlJ~ ~ mer ITS '¥i LIt:: . Page 3 of 3 I I. I I I I I I I . I I I I I I I I· I ATTEST: ATTEST: Approved as to Form By CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant County, Texas BY: Page 4 of 3 I Ie I I I I I I I . I I I I I I I Ie I EXHIBIT l\. LEGAL DESCRIPTION Page 3 of 2 PAo~ '1 -- I BURSEY ROAD ---- -- - --------.--.-- ~,.O?E.P CÞJf[.n'~ r:; nH~ ëeHT. e,~., \..0-\0. (p ") ,... J .~ CD CD AMERICITY CORP. Z Q.. VOL. 9159. PG.1887 -<0 ~ 0 Œc) D.R.T.C.T. Q. ~~ OIL -8= u >Ch~ ~ . to- to . <0 --u ~~ ucn . ~ ex . . ~ Lû.JG: so . ~ji 4>0 SPRONCE SURVEY THOMAS w . ABSTRCT 1399 ~ ~ ' ~E. \ .1·40' ~? w PAHCfI, 1.7 3 DESCH r p'r r ON ~".I .- -- - ...- -- - ----- L~.S ALL th,it. Cf\rtdin tract or parcel of I.~'nd ~:itu¡.t.'(1in tht~ 'rhaMs ~pronc~ Survey, ~~tract 1399, Tarrant County, Texas and being a portion of. that same tract described to Omni Real Estat~ rnves~~nt Corporation as recorded in Vo 1ume 8224 , Page 21!J 64 , Deed Records, Ta r ran t COWlty, 'l'e!Cas and " 1so he i rig more part:icu1arly described by metes and bounds as fo11ows: R"~CINNIt«; lit ttv? Northl"!ti~t ('·,)rn.~r. of sðirl trdct, s.1id point ~1inq on t:t~ ~;outh right-of-woy lin~ of ßursey Road C~ variable width right-of-wnY)i 'niF.Nl ~~: SC)\lth 99 liegrCt.,!s 98 ml nutl!S 'J8 SP.t"Onds W<mt wi th the ":.sst bot.nJary line of said tract, 11.92 feet to the Northwest corner of Lot 6, Block 1, wastern Oaks Add it Ion to the c l ty of North Richland Iff 1ln as r'l(:orctf~ j n Vol\1M JRB- ]96, Page 39, Plat Records, Tarrant County, TexaRi 1lfEOC"; North Rt) de<.Jrœ~"i 53 minutus lR spcond!; Wnst, 241.CJ2 (eet to t~~ f~st boundllry line of thdt same trdct: desccibt-d to Morgan O. llawlt los as recorded in Va I tunE' 34 '12, Page' 224, 0et"Cf Records, 'I'arrant County, TeXlIS; Tlf ~)IK:E NOlmt wi th sa i d P.as t hound. \ ry 11 n~ , I) . 5 1 fLoe t tC) t hp. 3d i d Sou t h ri ght -0 f- way line; 'nU»;E North 8'} degreE' 45 minutns 1!J7 9Cl."Onds East wi th sa id South r ight-of -way line, 241."5 feet to the place of bec.Jinning and containing ".9568 acre, more or less. J ...,-" :j¡.~-; . .- _ _.~ ..:.4.:.;;-..:........fr7,'C...:. ~ ----" ..----.. -. -:':'~,.~. . !~~ PAItC..Q.. \6 . . ; 1 \ I.j ...~;;':" Ie BURSEY ROAD I PCOfOOfD C.ENr£2UNf. ~ ----- ..-........, .---.-...-...- --- ------ _. - '.........--.~ - ~ ~ ~o.&. 1 EJU~T R:.Q.\J. 'Zz~.~!> ~ Útl?". st.O.LJ. --- 1 ä~ ~~ J ~~ö ~ tí I tr ·D ::t .~~ tiõ - .j 9 ~fi tr (S) 1 AMERICITY CORP. ~~ YOlo 91~9. PG.1887. ", D.R.T.C.T. .~ w: E ~ g ~jl I:' SeA'-£. \". 40' tJ' j~cf IÙ ~ SPRONCE SURVEY ABSTRACT 1399 ï~~~ ~ ; THOMAS .. I.: ð .0 g J~ \ ...... 1 ~ ',: I:' ~ I I " I ~ I. I PAHC,.::t... 1 8 r.)Jo~SCR I po r J 00 --.-...- .---~ _.. --- ALL that certa i n tr aCI' or pa rea L 0 f 1 and ~J i tua too in the Th(1mas SproOCC! SUrvey, Abetraèt 1399, Tar rilnt: County, Texas anrl beil'kJ a por tion of that 8aIIII! t:ract·cieecr I bed to Morgan S · Hawkins as recorded in VOltllla 3472, Pac.)e 224, Deed ReccKd., "Tarrant County, TQx&s and aIRe) beinq .oore particularly desCribEXI by ~:;:~ bowds as to] lows: BfXìINNING at the Nor theast <-"Orner of sa i() tract, sa i d po i nt bd n<J on the South right-of-way line of Bursey Rood (a variabJe width riCJht-of-way); THElCE SOlJ'nf with thn E.1st bouniolry line uf 5aid tract, 9.51 f€'t,t to a Plint; TH~ North 89 <k'gree3 5] minutes JR sl"!(.'Onds West, 228.88 feet to the E.lst boundary line of that same tract dt."8I:r ibed to r.ooe Star Gas Company as recorded in VollIIIIt 5958, Paye 963, Deed Records, TiI rr <lOt County, Texas; '11IЫ:E t«JR'l'H with tht.~ said East bOundary line of the Lone Star Gas Canpany tract, 9.82 feet to the Northoa!1t corner of :;aid r..one Star Gas ClJßt)any tract; Thence . North 89 ,degrees ')9 minutes 21 S(!'C:ooc)s F..,st wi th the North hounolary line of said IIa"'dns tract alld ~..¡1id SOllth right-of -wuy line, 2211.88 fe..'1" to the place of beginnil')(J and contairti~1 9.r.J4H7 acrl~, more or Ipss. DAVID C. MOAK SU"VErORS, INC. RE81STERED PUBLIC SURVEYOR PO lOX 1034 2".2211 HURST, TE)(AS , t· 30-ð9 . . ;:.;' ....ðCØ~54Ø~..Ið.;t '....-. . ~:.3.~~\:~'..:t.~.~ ..~;<:-:7-*~~-· I I I I I I I I I I I I I I I I f I p~\e BURSEY ROAD P«.DP05W GttJTŒ\.\ "-1(. .--..-.------- ----_.--- ð.ß4. E~\~~ ~.O.LJ. Ú1&Jf ~.O.W. J :1:- t-ð> ~<Ó ~. "'ft:.H LOÑE. S,~ GÂ? VOL,.r:,g~" P~.~ DIl. '\ - C",.. E'ßM 1'. . ¡At AMERICITY CORP. VOL. 91~9, PG. 1687, D.R.T.C.T. ~CAl£. \.. & 4D' AMERICITY CORP. VOL. 91~9, PG.1887, D.R.T.C.T. THOMAS SPRONCE SURVEY, A-1399 P^RCI':1, 1 q [)I~SCR [["r ION ------- - -. _._- ALL that cerbtlin tract or pare(!l oC land si tuatcd in the Thanas Spronce Survey, Abstract 1399, Tarrant County, Texas and heing a portion of that sane trnct descr:ihod to Mt)r9an o. HawkinG as reeorci.xt in Volume 14.,2, Pag.~ 224, Deed Records, Tar.rant: County, 1\~xa5 ðllli a 1.50 being roore f)Ðrt icuJ ar ty desc;r ilJExi by rrotes and bounds a~ (0 II ows : Ba:aNNl~ at th~~ N()rth~st ('''orncr of sa id tr.~C't, said p}int win'] on the South riqht-of-way I ilK;'" of Hursey Roaò (<<3 v<triahle width right-or-way); 'n·n·:NCE North UI) dcQI"P0;' t;9 'njnute!; 21 sP\~ond5 r~~)t with tht' North I)()undùry tine of said trï=lct: dud wi th th(\ said Sout-h ritjht--of-way Line, 30."'''' [e'~t to the North~l c.:"ornpr or t hat ~..;ame t.rilct dÛ~Jcr ibtx] to Lon'! ~;t1.u· GIS Ct:rn{)dny .19 re<..~rd(~ in Vnltaro 591'")8, Paq~ 963, r>.'('(I H'~ord~, '('arrant Count.y, T(")(a~); 'I'U:~E ~)(>U'I'U wi th t- hf' We!; t bounria ry 1 i ne of :;a i d Lon- ~ S t,.. r Ga~; Ct mpnny t. r act, 8 . 91 r ee t to i1 po in t ; "i~)CE . North ·09 d~ree3 5' minutes 18 sec0nds West, 3".09 f~t to thf' We:;t boundary line of sðieJ Unwkins t.ract; 'I'HDCE OORTH wi t:h the sa ic) We~ t bounòa ry 1 i ne , R .84 fec.~t to the p 1 <tce 0 f tJeqinninq and cnnt¡,inin<j Ø.9Ø()} acrt:.?, 1OO(1~ or les:J. D-Q.\"ts DAVID C. MOAK SURVEYORS, INC. REIISTERED 'UILIC SURVEYOR p.o. BOX 1034 218- 2211 HURST. TEXAS DAta \ \ · ~. e,~ No·ð{r7t9· '9 TYPI 3 I I I I I I I I I I I I I I I I I I I rÞ-2.C.L~ 'Z ¡ BURSEY ROAD ~ CaJrf.E.l.'Nt a.____ _ _______..-.-.-___~__ __ ____.~____._.. (~,.r,{ f.o. Lù. ~. , EM rorA~,( Ef"*1f. J ,... CD CD ~~ ~~ O' :¿CÍ) ~~ ~cO P'- . AMERICITY CORP. VOL. 91~9, PG. 1887. D.R.T.C.T. 0... G:\!) 00.. u ~~t-: --u um . - t- o:: . . ~-'O: ;~c ,... CD CD n.,. O:\!) OQ. U >-cnt- ...0 .' --u u. · - t- o: . . W-'G: ~o . 4(>0 t3CA1.£ l":: 40' -r ~.~ 0 MAS SPRONCE SURVEY A-/399 VAHCEL 21 ) C:';CH 1 PT J ON -..... . .. .....-....--~ M,f. t-l1at certain ttOflct or parcel of 1 and situatt~d in the Thane's ~pronca Survey, AlJst:r.lct: 139'.), 'l'¡.arr,u1l" County, 'rt'XðS clod l~i nr} <1 port ion of that ~aræ trt1l~t describ'C~ t.n cm.i He.tl &,qtdf.e [nvestment Corporation as recorded in VolLm~ 82241, P.1'JO 7.0G4, [).~t(1 Ih~rôs, TarrAnt County, "ex~5 and ,1lSt) beinq mort.3 parti~larl y de~;c'r ihcd by IOOt.CS ilnd Uounds liS follows: B~l~INNIN:~ at a point on tht· North boundary line 1)( 5aid tr.act. dnd on the :'outh righl-of -way 1. ine of Bursey Road ( a var iable width r iqht-of-way ), sa id point heing South ß9 d(.~~rr~ps 4ft min\Jtl~5 -CJH second~ F:t1St at 431.Ø6 fl~et [rom th~ most Northerly North'A'pst COU)t'r of [jüid trih":t; Tf-IEOCJe; South 39 df~J[ceS 57 minutes ØB s(--?(~onds ~~.ist wi t.h the North bourtddry 1 in~ of s~i(l traet and tt1P ~;a i(] Snuth riqht ·o[-way 1 in~ of ßursey r~oad, 3R0.29 f~t to a point; 'niEtCE SOOnl, ~j. ~4 r et~t to a pni nt ; THEtCf; North Sf) deqret~~ 113 mi nute5 13 ~'ec.~()IK1S Wt'st, 3nø. 29 Ceet to n poi nt; "t~g NOln'JI, R.4/. re.~t to Lhe plè.1cc~ of l)(.~inninq and containing Ø.L1754 eJCre, loore or lOGs. DAVID C. MOAK SURVEYORS, INC. REGISTERED PUBLIC SURVEYOR p.o. BOX 1034 268-2211 HUR S T, TEXAS 1\·~·89 N°~-549·1 , DATE TYPE 3 I ¡' I I I I I I I .., I , f I I I I I ;a. I I I I TYPE 3 ~ ~T'tE.l'~(' r~~ '-I. BURSEY ROAD - - -------- --... .... ..~- ----... -........--,--.-- - f:o.&. ~ ~ ~ 00- 40' QtS' [. ~ ~~ " ",tt;>1\, ~ -N æo ~~. '6"W_ 'I'c(¡ . ,'- "J' '~fr)CAIl'( r..~)M" o OtJ.. tP ~ w > 0::: a ~ o z (J) W lJ... ::> 0:: J AMERICITY CORP. VOL. 91~9. PG. 1887, D.R,T.C,T, ~~ ~~ ~CÒ ,... . . " ~ Q.- Œc) OIL U >-.... ... 10 · --u UCft · - ... a:: ... Wë:~ 4>a ~ ,". 40' THOMAS SPRONCE SURVEY A-1399 Pl\RCfJ, 22 DESCR I p'r I ON ---...----. -~~ ALf..· that certain tract or par<..~l of land si tl1ated in the Thanan Spronce Survey, Abstra~t 1399, Tarrant County, T~xa~ ar~ being a portion of that san~ tract described to Qmi R~al Fßtrttp rnve~~t:nwllnt Corporation ð!t recorded in Vo1L1ne R224, Paq(~ 2CJ64, )p~] Rf?I(~ordf;, Tlir.rllnt County, TÛX~5 llnd al~o ooing roore particu l.lIej y df..!scr i bed hy mctp6 a~1 bOl1nñ~J tU; fo L I O~I: RfX;INNlf«; it t t.h<.' mo~t Nort hf~r 1 y Nor Ul.....~Rt cornpr of sa id trr1et, s.dd point bninq on th~~ SOtlth rifJht-of"w¡ty line of BUr!lcy I~(\(}l] (rl v.lri,lble width lit.1ht-of- wny) ; "fP3:E South 89 dl~1ref~s 48 rl1i nutes 0n H"('onds l~~;l wi th the North boundary line of said tract é1nd wi th th(~ said South r iqht-or-way 1 ine, 4ØS.84 feet to a point; TfIEtCE SOOTH, '3.46 feet to a point; THENC! North B~ dE..1tJreas S3 minutes 18 s~:-:'on(js West, 414. 91 fef~t to the Northwest boundary line of said trðct, ~aíd p)int being on the Ea~terly right- of-way line or Rufe Snow Drive (a variable width right-of-way); THDCE North 4S (legr~t-Js \~4 minutps 11 seconds Edst wi th said Nortll'~stprly boundary line, 12.82 fet:!t to the Pl.JC·f~ of lJE..'qinninq and containing Ø.9H26 ðere, IOOre or less. DAVID C. MOAK SURVEYORS,INe. RICUSTERED ~U.LIC SURV EVO,. p.o. BOX to 34 268 . 2211 HURST, TE)(AS '1·30-89 No. ß(ø.M9. 12 DAT[ ) .' .... . ~; ",' I, f A[.(.tl z.!J I BURSEY ROAD I ~ C6NfE&l\"¡t. I E~~nNliI ~.o. w. ~'~T'~ CZ:.Q.W. .J. I 1 ~ tð·'5~· \eI W 17.1Z ~~6'Tf.MPD~ ~MT: . ~ d:s I ~ CD CD Q... Q:CJ OA. U )oo~.... t- It) . --u - Uat· - .... a: . .' W...JG:: ~~Q' j :! ~ w I ~ 18&46 AMERIC'TY CORP. VOl.. 91&9. PG. 1887, -Ð.R.T.C.T. AMERICITY CORP. VOL. 91~9, PG. 1887, D.R.Y.C.T, I I THOMAS SPRONCE SURVEY Ä-1399 PAHCEL 23 OESCR I perl ON --~~- --..- I ALL that certain tract or parcel of land situated in th~ Thomas Spronce Survey, Abstract 1~99, Tarrant County, Texas and being a portion of that same tract. described to· Watau9a R.S & B. Joint Venture as recorded in Volæae 8363, Page 2241, DeE..'C1 Records, Tarrant County, Texas and being mort! particularly describe.] by metes and bounds as follows: I I BroINNI~ at the Northwest corner of said tract, said point being on the SOuth boW1d8ry 11M of Bursey Road (8 variable width riqht-of-way) and being South 89 degrees 48 minutes 08 seconds East <at 4ØS.84 feet (rau the &:1sterly right-ol- way line of Rufe Snow Drive (,I variable width ri(Jht-of-way); I TlIEr«:g South 89 d(~rees 4R minutes A8 seconds East wi th the North boundary 1 ine of said tract and said South riqht-of-way Li(1(:~, 27.22 feet to the Northeast corner of sale" tract.; I "U':tC¡.~ scxn'H with th(! East botJndary line of said tract, 8.42 feet to a point; 11iEX:f~ North 89 dQ(Jr~es S3 minutes 18 seconds West, 27.22 feet to the West boundary line of said tract; I 11i~E NORTH with the said West boundary line," 8.46 feet to the place o( l~inning and containi~J B.ØØSJ acre, more or lass. I DAVID C. MOAK SURVEYORS, ¡Nt:. REGISTERED PUBLIC SURV EYOR P.O. BOX 1034 268 - 2211 HURST, TEXAS DATE \ \-W·89 No·tr.·&49" 'Z~ I TYPE 3 . , E' I r CITY OF NORTH RICHLAND HILLS Department: abject: Public ~orks .. ~ Council Meeting Date: 4/13/92 Resolutl0n Authorlzlng the Purchase of Rea~ Property for Bedford-Euless Road Agenda Number: PU 92-10 ProJect. One Tract to be Purchased at or Near Appraised Value - Resolution No. 92-16 Resolution No. 92-16 authorizes the City Manager to purchase the following house and lot needed for the Bedford-Euless Road Project. 4801 Eldorado $68,000 Recommendation: It is recommended that the City Council approve Resolution No. 92-16. . Finance Review Source of Funds: Bonds (GO/Rev.) aPperating Budget "the t Head Signature CITY COUNCIL ACTION ITEM . Finance Director City Manager Page 1 of I " I. I I I I I I I Ie I I I I I I I Ie I RESOLUTION NO. 92-16 WHEREAS, the property listed below is needed to complete a project widening Bedford-Euless Road; and WHEREAS, the City has had the property appraised by a qualified real estate appraiser; and WHEREAS, the owner of the below described property has agreed to sell the property for near the amount of said appraisal; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager is authorized to go forward with the purchase of the following described tract for near the appraised value of the tract. Lot 1, Block G, Richland Oaks Addition to the City of North Richland Hills, Tarrant County, Texas (4801 Eldorado)............$68,OOO. 2 . The City Manager is authorized to execute any and all necessary documents to give full force and effect to the purchase of this property by the city. PASSED AND APPROVED this the 13th day of April, 1992. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS e'epartment: Finance/Purchasing ~ Council Meeting Date: 4/13/92 Subject: Award Contract for Mobile Video System Agenda Number: PU 92-11 I At a recent meeting Council discussed purchasing a Mobile Video System for the Police Department. Request for Proposals were solicited for a sixteen (16) unit system and the results are outlined as follows: VENDOR AMOUNT CrimTec $88,000 CMI/DocuCam II 71,920 Kustom Signals 71,000 The three systems were tested by field officers in the months of January and February. The majority of the officers preferred the Kustom Signal unit. An additional $4,000 is requested for the purchase of video tapes and alkaline batteries that are required to run the 16 unit mobile video system. FUNDING SOURCE: The proposed funding of the Mobile Video System can be funded from the utility Unspecified funds. The proposed funding account and budget is identified as follows: 02-92-11-6000 Mobile Video System $75,000 Recommendation: It is requested Council award the contract for a Mobile Video System to Kustom Signal, Inc. in the total amount of $75,000 and approve the appropriation described above to provide the funding. Finance Review Source of Funds: Bonds (GO/Rev.) ope~Udget _____ ~h~r '. tIJ1ú~~ ~_. Department Head Signature CITY COUNCIL ACTION ITEM ß~- . Finance Director Page 1 of , CITY OF NORTH RICHLAND HILLS Department: .bject: Public Works Award of Contract for Davis Boulevard @ WRtRlIgR RORn - TAmporary Traffic Signalization Agenda Number: PW 92-08 Council Meeting Date: 4/13/92 The City staff has coordinated with the Texas Department of Transportation (TDOT) over the last three months concerning participation in the subject signal installation. The TDOT is now willing to furnish all materials for the temporary installation of signals at the subject intersection, if the City will pay for the installation costs plus steel pole foundations and loop sealant. There has not been sufficient time to advertise and solicit sealed bids for the proposed project. The project is requested under the emergency provisions of purchasing to protect the general safety of our citizens. Construction plans were drawn and furnished by TDOT. Staff has shown these plans to two reliable contractors and solicited the following bid proposals for the subject installation. Bidder Amount Arjang Electric Systems, Inc. Sharrock Electric, Inc. $14,760.00 $16,940.00 Both contractors listed have successfully completed traffic signalization projects for the City within the last 5 years. Fundina Source: The funding may be accomplished wtih an appropriation of 1991/92 Drawdown funds. The proposed funding is identified as follows: Davis/Watauga Rd. Signal 13-43-92-6000 $14,760 Recommendation: Staff recommends Council award the contract to Arjang Electric Systems, Inc. in the amount of $14,760.00 and approve the transfer of funds as indicated above. Finance Review Acct. Number Spp Ahovp Sufficient Funds Available - ~~ ~47~ . Finance Director nt Head Signature CITY COUNCIL ACTION ITEM City Manager Page 1 of I I. I I I I I I I Ie I I I I I I I Ie I Arjang Electric S~stems, Inc. 000 1____1______________________________________,_____,______1__________, 1 , . I t : : PROJECT : : ITEM : ITEM : ITEM : : : INTERSECTION OF 1938/WATAGUA RD. :UNIT :QUANT :SUB-TOTAL : '____1______________________________________,_____,______,__________1 f I f I I I :a :EIGHT PHASE CONTROLLER CAB W/FOUND : 1 :EA : 1700.00: :b : INSTALL DETEC AMPLIFIER : 4 :EA : 0.00 : Ie : INSTALL ONE WAY 3-SEC SIGNAL HEAD : 3 :EA : 300.00: :d : INSTALL TWO WAY 3-SEC SIGNAL HEAD : 2 :EA : 300.00: :e : INSTALL SPAN WIRE HANGER BRACKET : 5 :EA : 0.00 : :f : INSTALL GALVENIZED 3/8" STEEL SPAN WIR: 700 :LF : 700.00: :g :STEEL POLE 30' W/FOUNDATION : 2 :EA : 2900.00: :h :SERVICE SET UP : 1:~ I 350.00: :i I INSTALL 2" CONDUIT : 20 :LF 80.00 : : j : INSTALL 3" CONDUIT : 20 :LF 80.00 : :k : INSTALL NO.6 AWG POWER WIRE : 100 :LF 100.00 : :1 : INSTALL NO. 14 AWG THHN LOOP WIRE :3000 :LF 6600.00 I :m : INSTALL 2/C ~10 LUMINARE WIRE I 200 :LF 100.00 : In : INSTALL 2/C ~14 AWG SHIELDED : 500 :LF 500.00 : :0 : INSTALL 4/C ~12 AWG SIGNAL CABLE : 500 :LF 500.00 : 'p :LUMINARE W/PHOTO ELECTRIC EYE : 1 :EA 100.00 : :q :LUMINARE W/PHOTO ELECTRIC EYE : 1 :EA 0.00 : :r : INSTALL ANCHOR BOLT : 8 :EA 0.00 : :s : INSTALL PULL BOX : 2 :EA 400.00 : :t : INSTALL TRAFFIC SIGN SR10-5L : 1 :EA 50.00 : :u : INSTALL SIGN BRACKET-SPAN MOUNT : 1 :EA 0.00 : :v : INSTALL AUTOMATIC DEAD END : 4 :EA 0.00 : :w : INSTALL SPIRAL WRAP ~6 ALUMINUM : 250 :LF 0.00 : : x : INSTALL THIMBLE EYE 3/4" : 4: EA O. 00 : :y :MISC EMP & PVC HARDWARE : 1 :LS 0.00 : I I , I , , I I I :----:--------------------------------------:-----:------:----------: 14760.00 THE PERFORMANCE OF THIS PROJECT WILL BE IN STRICT ACCORDING WITH GENERAL NOTES S PROVIDED BY THE CITY OF NORTH RICHLAND HILLS. BY 9200 SOVEREIGN ROW · DALLAS, TEXAS 75247 . (214) 951-0401 I Ie I I I I I I I Ie I I I I I I I Ie I ~8~£ 0;:, ~ - >< I..W . ~ü. ~ >. . ::r:, ~~ v,/ y . --. /1 , ¡ TEXAS DEPARTMENT OF TRANSPORTATION J' , --' .-.. \ P. O. Box 6868 Fort Worth, Texas 76115 (817) 370-6623 January 21, 1991 Subject: Temporary Signal Plans Mr. Gregory W. Dickens, P.E. Director of Public Works/Utilities City of North Richland Hills P. O. Box 18609 North Richland Hills, Texas 76180 Dear Mr. Dickens: We are transmitting original plans tracing's and general notes for the proposed temporary traffic signal at the intersections of PM 1938 with Watauga Road and PM 1938 with Rumfield Road/Starnes Road. If you have any questions please contact Mr. Jerry Gibbs at 370-6623. Sincerely, ~\ Abukar, P.E. Supervising Traffic Engineer EB/sme Attachment cc: John A. JOhnston, P.E. Glenn E. Elliott, P.E. Virgil Weed An Equal Opportunity Employer I' Ie I I I I I I I Ie I I I I I I I Ie I GENERAL NOTES THE SIGNAL INSTALLATIONS WILL CONSIST OF THE FOLLOWING PRINCIPAL ITEMS: I. INTERSECTION OF F.M. 1938 & WATAUGA RD. A. The Tx DOT shall furnish all materials and equipment with the exception of concrete and reinforcing steel for the pole & controller foundations and loop sealant for the vehicle loop detectors. 1. Materials to be furnished by Tx DOT as follows: a. Eight Phase Controller & Cabinet 1 EA. (Ground Mount) with Auxiliary Equipment b. Detector Amplifiers 4 EA. c. One-Way, Three-Section Signal Head (12") 3 EA. d. Two-Way, Three-Section Head (12") Poly T.V. 2 EA. e. Span Wire Signal Hanger Brackets (vert. Mount) 5 EA. f. Galvanized Steel Span Wire(3/8") 700 FT. g. 30 Ft. Steel strain Pole with Luminaire Arm 2 EA. h. Service Set-up on strain Pole (Breaker Box) 1 EA. i. 2" Conduit 20 L.F. j. 3" Conduit 20 L.F. k. No. 6 AWG-Power Wire (2 Black-l White) 1. No. 14 AWG-(THHN)-Loop Wire m. 2/C #10 Luminaire Cable n. 2/C #14 Shielded Cable o. 4/C ·#12 AWG Signal Cable p. Luminaire With Photo Electric Eye 100 L.F. 3000 L.F. 200 L.F. 500 L.F. 500 L.F. 1 EA. I" . Ie I I I I I I I Ie I I I I I I I Ie I q. Luminaire With Photo Eye 1 EA. r. Anchor Bolts (1 3/4") 8 EA. s. Pull Boxes 2 EA. t. Traffic Sign (SR10-SL) 1 EA. u. Sign Bracket-Span Mount 1 EA. v. Automatic Dead Ends 4 EA. w. Spiral Wrap (#6 Alum.) attach 250 FT. Signal Cable to Messenger Cable x. Thimble-Eye Thru Bolts (3/4") 4 EA. y. Misc. EMP & PVC Fittings, As required Clamps and Hardware B. The City of N. Richland Hills shall provide all construction labor cost essential for a complete signal installation as shown in the plans. I Ie I I I I I I I Ie I I I I I I I Ie I II. INTERSECTION OF F.M. 1938 & RUMFIELD RO./STARNES RD. B. The city shall furnish all necessary materials and equipment with the exception of 30 foot Steel strain Poles. 1. Materials to be furnished by Tx DOT as follows: a. 30 foot Steel Strain Pole 2 EA. b. Anchor Bolts (1-3/4") 2. Materials to be furnished by the City as fOllows. a. Eight Phase Controller & Cabinet (Ground Mount) with Auxiliary Equipment b. Detector Amplifiers c. Two-Way, Three-Section Signal Head d. Span wire Signal Hanger Brackets .t (Vert. Mount) It ~ e. Galvanized Steel Span Wire (3/8") f. Service Set-up on Strain Pole (Breaker Box) g. Concrete h. Steel i. 2" Conduit j. 3" Conduit k. No. 6 AWG-Power Wire (2 Black-l White) 1. No. 14 AWG (THHN)-Loop Wire m. 2/C #14 Shielded Cable n. 4/C #12 AWG Signal Cable o. Pull Boxes -, .,4 ~.",,-_ 8 EA. 1 EA. 6 EA. 5 EA. 5 EA. 700 FT. 1 EA. 6.5 CY. 801 LBS. 20 LF. 20 LF. 100 LF. 200 LF. 500 LF. 500 LF. 2 EA. I'" · Ie I I I I I I I I. I I I I I I I Ie I p. Traffic Sign (SR10-SL) q. Sign Bracket-Span Mount 2 EA. 2 EA. 4 EA. 250 FT. 4 EA. As required r. Automatic Dead Ends s. Spiral Wrap (#6 Alum.) attach Signal Cable to Messenger Cable t. Eye-Bolts (3/4") u. Misc. EMT & PVC Fittings, Clamps and Hardware B. The City is·responsible for construction (labor) cost essential for the complete Signal Installation. 1. All equipment and materials furnished by the City, for this installation will be returned to the City after the proposed permanent signal has been installe4. III. NOTES FOR No's I & II ABOVE AS FOLLOWS: A. Contractor ~hall notify Tx. DOT approximately 48 hours in advance for picking up the necessary materials and equipment at the District Signal Shop in Fort Worth. B. The Tx DOT shall be notified when Construction begins. c. Phases of Signal Operation 1. The signal installations shall be wired to operate in accordance with phase diagrams in these plans. 2. A Tx DOT signal technician shall be present when signal is placed in operation. a. Time intervals shall be adjusted and set by a Tx DOT technician. 3. Each new signal installation shall flash for approximately three (3) days prior to being placed in the actuated mode. a. All signal heads for the through traffic on FM 1938 shall flash yellow. Signal heads for the turns on FM 1938 and all signal heads for both minor streets shall flash red. (~) The red and yellow lens on signal heads for left turns on FM 1938 shall be louvered. b. All sign~l heads shall be covered with burlap or other approved material from the time of installation until the signal is placed in operation. D. TRAFFIC CONTROL - SIGNS & BARRICADES 1. The contractor shall arrange the installation of loop. detectors or other work in the roadway so as to close only one lane at a time. Construction operations should be conducted to provide minimal interference to traffic. I Ie I I I I I I I Ie I I I I I I I Ie I \ ' 2. The traffic control plan (TCP) for this project shall be as detailed on STANDARD SHEET 1-82-8011 BTS. All Construction Signs shall be mounted on Fixed Supports (4" X 4" Wood Posts) when possible. E. Concrete for Steel Strain Foundations shall be CLASS nAil. F. All necessary pavement markings shall be installed by state Forces. G. The Contractor, at his own expense, shall purchase, maintain and keep in force such insurance as will protect him from claims which may arise out of or result from the Contractors operations under the contract. . H. The Contractor agrees that he will identify and save the Texas Department of Transportation and the the City of North Richland Hills harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, suppliers and furnishers of machinery and parts thereof, equipment power tools, and all supplies, including commissary, incurred in the furtherance of of the performance of this contract. Source of Funds: Bonds (GO/Rev.) ~perati 9 Budget .Other . CITY OF NORTH RICHLAND HILLS Department: .ubject: Public Works/utilities ~Council Meeting Date: 4/13/92 starnes Road Elevated Tank Rehabilitation Agenda Number: PW 92-09 Bids were received on the subject utility eIP Fund project on February 28, 1992 and the two bidders are shown below. Bidder Calendar Days Bid Time Amount Proposal liCIt A & J Industrial Coating A-Way Tank Services $297,800 $434,580 130 120 proposal "F" A & J Industrial Coating A-Way Tank Services $346,800 $616,080 130 120 The two proposals shown reflect the only two ways the City can award the contract and meet all Federal and State regulations dealing with lead contamination. Proposal "c" reflects using a "peel-away" chemical stripping system to remove and contain the lead in with the old paint. Proposal "F" reflects using a "pentek" ultra-high performance vacuum power tool system. The "peel-away" system appears to be the preferred method by the contractor and staff. The system is a gel application which spreads on and after being left on for several hours takes off the paint and primer when removed. Fundinq Source: The original budget for this project is $155,000 (Construction $140,000 and Engineering $15,000) as approved on August 27, 1990 with PW 90-40. Due to the new Federal lead regulations now in affect, additional funds will need to be appropriated from the utility Retained Earnings, as shown below. starnes Elevated storage Tank 02-09-01-6000 utility Retained Earnings 02-00-00-0599 Budqet Additional Appropriation Total Budqet $155,000 $ -0- $155,000 -0- $155,000 172.800 $172,800 172.800 $327,800 Totals Finance Review Acct. Number See Above Sufficient ~s Available ~ ~~~~ w;-~~ Head Signature I C' Manager CITY COUNCIL ACTION ITEM REV . Finance Director Page 1 of ? I I I I I I I I I I I I I I I I I I I The total proposed budget of $327,800 would be divided into $297,800 for construction and $30,000 for engineering. The 3-Year utility Fund CIP Program would need to be revised to accomodate this expense. Recommendation: The staff recommends Council award the bid to A&J Industrial Coating in the amount of $297,800 for a period of 130 calendar days. CITY OF NORTH RICHLAND HILLS I I. I I I I I I I I. I I I I I I I I· I !f~Œ © ~ D\W L~-: I!((I ~.A^D - A 1992 ;. iÜ'~ ì~m 4 : I KNOWL TON-ENGLISH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas March 4, 1992 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-567, CITY OF NORTH RICHlAND HillS STARNES TANK REHABiliTATION AND REPAINTING BID TABULATION AND RECOMMENDATION OF AWARD Bids were received for the referenced project on February 28, 1992. Bids were received from two (2) contractors as presented on the attached tabulation. Bidding was originally scheduled on February 14, but the opening was pushed back two weeks to give Contractors more time to evaluate the specifications because of the extreme complexity of this project. As you may know, new tough Federal requirements for lead, (and other hazardous materials), testing, containment, removal, and disposal have caused tank repainting costs to greatly increase, and have also increased the complexity of projects like this one. In an effort to keep the project costs as low as possible, we have included procedures in the specifications which are designed to reduce lead concentrations below Federal hazard levels before removal from the site. Disposal costs are then reduced considerably. Additive alternates were included in the bid specifications which will be needed only if testing reveals higher lead levels than anticipated, or if lead concentrations cannot be reduced below Federal hazard levels by on-site treatment methods as covered in the specs. Various paint removal methods were also included in the alternates, as instructed by the Public Works Department, for comparison. Additionally, as instructed by Public Works, we included language in the proposal which would maximize the Contractor's responsibility for compliance with Federal Hazardous Waste requirements and minimize the City's potential liabilities. Both bidders signed the agreement included in the proposal which makes the Contractor fully responsible for removal, containment, and proper disposal of all hazardous waste material from the tank site. We would note that the legality of our wording is still in question, and it remains to be seen if the Courts would support the City's position in this matter, and if the Contractor can be forced to assume all future liability for the hazardous waste. Because of the complexity of this project, which includes compliance with all the new 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I Ie I I I I I I I I. I I I I I I I Ie I Page 2, Starnes Tank Rehabilitation and Repainting Tabulation of Bids and Recommendation of Contract A ward Federal hazardous waste guidelines, and concern about potential liabilities, we are not surprised that only two (2) contractors submitted bids for this project. The following is a II simplified II summary of the pay items included in the project proposal for your information: BASE BID: 1 . Test tank interior surface to determine if existing paint contains lead. 2. Test soil at tank site before and after project to determine lead levels. 3. Remove existing interior paint by sandblasting, if lead levels are non-existent or low, and repaint. 4. Sandblast exterior surface to remove rust, etc., after existing paint has been stripped off, and repaint. 5. Spot repair deep pits by welding. 6. Spot repair shallow pits by epoxy patching. 7. Test and sterilize tank. 8. Paint City Name on tank. 9. Repair misc. tank components including ladders, security platform, steel brackets and plates for electrical and pipe mountings; provide steel safety cages on tank column and shell ladders, etc. 10. Install steel overflow pipe and accessories, etc. 11 . Construct plant yard piping improvements. 12. Construct concrete overflow and drain vault. 1 3. Construct site improvements such as retaining walls, etc. 14. Construct concrete entrance drive and parking area. 1 5. Install site electrical, lighting controls, etc. 16. Install cathodic protection system. ADDITIVE ALTERNATE A: Remove by power tool stripping interior paint which contains lead, including testing. ADDITIVE ALTERNATE B: Remove by chemical stripping exterior paint which contains lead, including testing. ADDITIVE ALTERNATE C: Remove by vacuum power tool system exterior paint which contains lead, including testing. ADDITIVE ALTERNATE D: Treat chemically stripped hazardous waste as required to reduce I I. I I I I I I I Ie I I I I I I I Ie I Page 3, Starnes Tank Rehabilitation and Repainting Tabulation of Bids and Recommendation of Contract A ward lead concentrations to non-hazardous levels. ADDITIVE ALTERNATE E: Treat power tool stripped hazardous waste as required to reduce lead concentrations to non-hazardous levels. ADDITIVE ALTERNATE F: Haul off non-hazardous waste to appropriate disposal site. ADDITIVE ALTERNATE G: Haul off hazardous waste to EPA-approved site. DISCUSSION OF PROPOSALS: PROPOSAL A: This is the basebid, which includes pay items 1 through 16 listed above. This is what the tank would cost for rehabilitation and repainting if the existing paint materials contained lead and other toxic metals below Federal Hazard levels. The total construction cost of the Rufe Snow Tank rehabilitation and repainting, which is comparable to the Starnes Tank project, was $125,700. The low base bid for the Starnes Tank by A & J Industrial Coatings, (the same contractor as the Rufe Snow tank), is $141,800. The other contractor, A-Way Tank Services, bid $329,080 for the basebid. Preliminary pre-bid testing ordered by the Public Works Department on a small portion of the exterior surface were not completely conclusive, but indications are that lead levels are probably higher than Federal minimum levels, therefore, the contract should not be awarded on the basebid alone. No testing of the interior surface was conducted since the tank still contains water. Also, no soil tests were conducted to determine the existing lead levels in the ground. The following alternate proposals which include the basebid and combinations of additive alternates A through G must be considered: PROPOSAL B: This proposal includes the Basebid (Proposal A) plus additive alternates A, B and F. This includes removal of the existing interior paint by power tool stripping and the exterior paint by chemical stripper, (PEEL-A WAY), and if lead levels fall below the Federal Hazardous Waste Minimum, (5 ppm). This waste is considered "Class II" and can be disposed at a normal landfill. The low bid for this proposal was $293,800 and the second bid was $416,080. Since preliminary testing indicates that the exterior surface does contain lead above 5 ppm, (parts per million), then this alternative should not be awarded. We would again note that the existing interior surface has not yet been tested since the tank has not yet been drained. PROPOSAL C: This proposal includes the Basebid (Proposal A) plus additive alternates A, B, D, and F. Like Proposal B, above, this includes removal of interior and exterior paint by power tool and chemical stripping, but the lead levels are determined to be above the minimum 5 ppm. This alternative provides for On-Site Treatment of Removed Lead Residue which could lower the concentration to a level below 5 ppm. The material is then considered "Class II" and can be disposed at a normal landfill. On site treatment involves I I. I I I I I I I -- I I I I I I I Ie I Page 4, Starnes Tank Rehabilitation and Repainting Tabulation of Bids and Recommendation of Contract A ward adding lime or concrete "encapsulation" the lead paint residue as required to lower concentrations to Class II levels. The chemically stripped paint using the PEEL-A WAY material, binds the lead in its chemical residue in such a way as to lower the concentration below 5 ppm in most cases. The low bid for this proposal was $297,800 and the other bid was $434,580. This is a viable option if the Contractor can demonstrate that removal of the existing paint with the chemical stripper system will not create a nuisance to adjacent homes and vehicular traffic near the tank site, and if the lead residue can be properly contained and treated on-site. PROPOSAL D: This proposal includes the Basebid (Proposal A) plus additive alternates A, B, and G. Like Proposals B and C above, removal of the lead-containing existing paint is by power tool and chemical stripping. If Lead levels are determined to be above the hazardous waste minimum of 5 ppm then proper removal, containment, and disposal methods must be used as approved by the EP A, and the residue material must be disposed at a Certified Hazardous Waste Landfill Site. The low bid for this proposal was $293,800 and the second bid was $509,080. The low bid amount of $293,800 is $4,000 below the low amount bid of $297,800 for proposal C, which requires on-site treatment of the lead residue. We would note that if the lead residue is not treated on-site, (which costs $4,000 more), then the lead-containing paint residue spoil material must be stored on the tank site until a permit has been obtained by the Contractor for disposal at a Certified Hazardous Waste Landfill site. We understand that there is a backlog of permit requests and it could take 4 to 6 months to get this permit. Meanwhile, the hazardous lead residue sits at the Starnes Tank site during this waiting period. Federal law states that hazardous waste material cannot remain on a site for more than 90 to 180 days from the initial date of removal without a special permit. We further understand that the penalty TO THE CITY can be as high as $10,000 per day without a permit. Therefore, we do not recommend this alternate if permits cannot be readily obtained after starting this project. It is better to spend the extra $4,000 for on-site treatment than run the risk of a $10,000 per day penalty if the hazardous waste material sits at the Starnes Tank site longer than the maximum time allowed waiting for a Hazardous Waste Disposal Site permit. PROPOSAL E: This proposal includes the Basebid (Proposal A) plus additive alternates A, C, and F. This is the same as Proposal B, except a special ultra-high performance vacuum system removal method, (PENTEK), is used on the exterior surface. The system uses a controlled seal drum fill method to fill, seal, remove and replace the waste drum under controlled vacuum conditions. This provides for better control of waste and dust, and minimizes the possibility of releasing airborne contamination during drum changing operations. The low bid amount for this proposal is $343,800 and the second bid is $581,080. The $343,800 amount is $50,000 more than the PEEL-A WAY chemical stripper method provided in proposal B. We understand that the PENTEK method may provide for better nuisance control than the PEEL-A WAY. If not properly "shrouded" or otherwise I Ie I I I I I I I . I I I I I I I Ie I Page 5, Starnes Tank Rehabilitation and Repainting Tabulation of Bids and Recommendation of Contract Award contained, on a windy day, the PEEL-A WAY material could possibly blow onto a nearby car or home and strip off the paint upon contact with the metal or wood surface. This could create serious liability problems for both the Contractor and the City. If the Contractor can provide assurance that he can control the PEEL-A WAY residue, then the City can save $50,000 over the safer PENTEK method. Like proposal B, this proposal requires that the on-site lead residue be below hazardous waste levels for disposal to a regular landfill site. PROPOSAL F: This proposal includes the Basebid (Proposal A) plus additive alternates A, C, E, and F. This is like proposal E, using the PENTEK vacuum method for exterior paint removal, but if lead levels are determined to be greater than 5 ppm, then on-site treatment (additive alternate E) is required before removal of the residue to a regular landfill site (additive alternate F). The total amount bid by the low bidder for this option is $346,800 and the second bidder's total is $616,080. The low bid amount of $346,800 is $3,000 above the $343,800 amount for proposal E, which is the additional amount bid to treat the lead residue on-site before disposal to a regular landfill. PROPOSAL G: This proposal includes the Basebid (Proposal A) plus additive alternates A, C and G. This is like proposal F, using the PENTEK method for exterior paint removal, but the high-lead containing residue is transported to a Certified Hazardous Waste Landfill Site without prior on-site treatment. The low bid amount is $343,800 and the second bid totals $674,080. The $343,800 amount is the same amount as Proposal E, therefore, it would cost the City no more for this option if the existing paint contains low or high lead levels. AWARD RECOMMENDATION: The most expensive alternate is Proposal F, in the amount of $346,800, which uses methods of paint removal, containment, on-site treatment, and disposal that minimizes nuisance and potential liability for the Contractor and City. Proposals E and G are the same as Proposal F but with no on-site treatment of lead residue, which costs $3,000 more. If the lead residue is not treated on site, and it takes more than 90 or 180 days to get a permit for disposal at a Certified Hazard<?us Landfill Site, then the City may be fined up to $10,000 per day for each day over the maximum time allowed that the lead waste sits on City property. If Council prefers the PENTEK exterior paint removal system, then we would recommend Proposal F, which includes on-site lead treatment and reduction of concentrations to a Class II waste. Proposal C, which uses a chemical stripper, PEEL-A WAY, to remove the exterior paint, totals $297,800, and is $49,000 less than Proposal F, which uses the PENTEK exterior paint removal system. The risk of PEEL-A WAY being blown onto nearby vehicles and adjacent homes could possibly create a severe nuisance and high liability for the Contractor and the I Ie I I I I I I I . I I I I I I I Ie I Page 6, Starnes Tank Rehabilitation and Repainting Tabulation of Bids and Recommendation of Contract A ward City. We would request that the City Attorney advise if he feels the extra potential liability risk is worth the $49,000 savings. The least expensive alternative is the Basebid, or Proposal A, in the amount of $141,800. This option can only be considered if further testing reveals that lead levels contained within both the existing exterior and interior paint surfaces are non-existent or below the Hazardous Waste Level of 5 ppm. The removal method provided in this option is wet abrasive blasting, which can also cause a severe nuisance to surrounding homeowners if not properly contained. The Contractor must demonstrate full compliance with all current applicable containment and nuisance abatement laws and guidelines before we could recommend award on this basis, along with conclusive test results showing low lead levels in the existing paint. Depending upon the combination of alternates selected by Council, we would recommend award of this contract to A & J INDUSTRIAL COATING, 1708 Cherbourg Drive, #1211, Fort Worth, Texas 76120 for a period of 130 Calendar Days. We will be available at the next Council meeting to answer any questions you may have concerning this project. ..~ RICHARD W. ALBIN, P.E. RW A/ralbids.567 cc': Mr. Rodger N. Line, City Manager Mr. Dennis Horvath, Deputy City Manager Mr. Kevin Miller, P.E., Assistant Director of Utilities Mr. Lee Maness, Director of Finance Mr. Larry Jones, Bill Rutledge, City Inspectors Source of Funds: Bonds (GO/Rev.) .perating Budget the e CITY OF NORTH RICHLAND HILLS Department: .bject: Public Works ~ Council Meeting Date: 4/13/92 I nl;:¡ nriVA P;:¡ving ~nrt Dr~in~gA ImprOVAments Agenda Number: PW 92-10 The design of "Calloway Branch, Phase II-B Channel Improvements" is currently near completion. The project will improve Calloway Branch Channel from Maplewood Avenue upstream to a point just north of Lola Drive. With the proposed bridge and associated street storm drains being proposed east and west of the channel, it would seem the appropriate time to reconstruct Lola Drive from Holiday Lane east to Scott Drive. The 1985 Bond Election approved $205,700 for street and drainage improvements from Green Meadow Drive east to Scott Drive. With the combination of these two projects into one bid package, it is staff's opinion that the City will have adequate funds to pay for the additional street reconstruction between Holiday Lane and Green Meadow Drive. Fundina Source: Bonds issued to date for the subject project are $40,892. Bonds remaining to be sold are $164,808. The funding may be accomplished by committing 1992/93 Drawdown funds. Those funds may be repaid by a future bond sale. Recommendation: The CIP Committee and staff recommend Council commit $164,808 in 1992/93 Drawdown funds to the subject project. Finance Review Acct. Number Sufficient Funds Available -~~ IÝ¿V~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: .bject: Public Works .. Council Meeting Date: 4/13/92 Award of Contract for Davis Boulevard (FM 1938f@ Starnes/Rumfield Road - TemDorarv Traffic Sianalization Agenda Number: PW 92-11 The City staff has coordinated with the Texas Department of Transportation (TDOT) over the last three months concerning participation in the subject signal installation. The TDOT is willing to furnish only the steel strain poles and anchor bolts. The City will have to furnish the remaining materials, equipment, and labor to complete the temporary signal installation at the subject location. There has not been sufficient time to advertise and solicit sealed bids for the proposed project. The project is requested under the emergency provisions of purchasing to protect the general safety of our citizens. Construction plans were drawn and furnished by TDOT. Staff has shown these plans to two reliable contractors and solicited the following bid proposals for the subject installation. Bidder Amount Arjang Electric Systems, Inc. Sharrock Electric, Inc. $18,977.00 $28,529.00 Both the contractors listed have successfully completed traffic signalization projects for the City within the last 5 years. The City has recently salvaged some traffic equipment from the Rufe Snow Synchronization_ project which can be installed here. An additional budget of $4,000 will be necessary for staff to purchase other miscellaneous materials not. in the City's inventory for the subject installation which the contractor has bid to install. Fundina Source: The funding may be accomplished with an appropriation of 1991/92 Drawdown funds. The proposed funding is identified as follows: Davis/Starnes Rumfield Signals 13-42-92-6000 $22,977 Recommendation: The staff recommends Council award the contract to Arjang Electric System, Inc. in the amount of $18,977.00, approve an additional materials budget of $4,000 and approve the transfer of funds as indicated above. Finance Review _ Finance Director Page 1 of I I. I I I I I I I Ie I I I I I I I Ie I ~ Arjang Electric Svstems, Inc. 000 PROJECT INTERSECTION OF F.M. 1938/RUMFIELD RD./STARNES RD 3--11- í;¿ : ITEM: ITEM :QUANT:UNIT ITEM: :NO. : DESCRIPTION :: SUB-TOTAL: :----:--------------------------------------:-----:------ ----------: :a : INSTALL ONLY CITY FUR. 30'STEEL POLE :EA : 2 2000.00: :b :ANCHOR BOLTS (1 3/4") EA : 8 0.00 : :a :INST. ONLY CITY FURN. CaNT. CAB.W/FOND EA : 1 1750.00: :b :DETECTOR AMPLIFIERS EA : 6 0.00 : :c :TWO WAY, THREE SEC. SIGNAL HAED EA: 5 750.00: :d :SPAN WIRE SIGNAL HNGER EA J 5 500.00: :e :SPAN WIRE (3/811) LF 700, 910.00: :f :SERVICE SET-UP ONSTRAIN POLE EA 1: 350.00: :g : CONCRETE CY. 6.5: 130.00: :h : STEEL LBS 801: 801.00: :i : ,2" PVC CONDUIT IN TRENCH LF 20: 90.00: :j : ,3" PVC CONDUIT IN TRENCH ,LF 20: 100.00: :k :NO. 6 THHN POWER WIRE :LF 100: 130.00: :1 :NO. 14 THHN LOOP WIRE :LF 4000: 9000.00 :m :2/C: #14 SHIELDED :LF 850: 1020.00 : n : 4/C: ~14 SHIELDED : LF 50: 700.00 :0 : INSTALL ONLY CITY FUR. PULL BOX :EA: 2: 400.00 :p :INST. ONLY CITY FUR.TRAF. SIGN (SR10-5:EA : 2: 100.00 :q :SIGN BRACKET- SPAN MOUNT :EA : 2: 120.00 :r :DEAD ENDS :EA : 4: 60.00 1 :5 :SPIRAL WRAP #6 ALUM :LF : 250: 50.00: :t :EYE BOLTS (3/4) :EA : 4: 16.00: :u :MISC EMT & PVC, CLAMPS AND HARDWARE :LS : 1: 0.00 : I I' I I , " I :----:--------------------------------------:-----:------:----------: : : : : : 18977.00 : :----:--------------------------------------:-----:------:----------: - -. ~--._, .~- - - Î\\ me ~,r-" ;' -r~:: ;: - . I ' ; . Del [~:. U' I -.'. -- '. :;. " --" l~~ '-.' .- ~. -'1;; ;" iI j t ~~ MAR ¿ 5 !992 ¡@ 9200 SOVEREIGN ROW · DALLAS, TEXAS 75247 · (214) 951-0401 I I. I I I I I I I I_ I I I I I I I I· I 8\t. o~ ~ .:,.. ';< L,¡".' ~. ~I~, .> - ~ - ~~ ' ~ .. ", / ../ ~ (é~ rs G (~\: \ rs l,...., \ 2. \-1 \ --. _ I f\ '2, r .::;,./ \.--J _.. - \: \ \ ~ - \ \ v \ ." ~Co:¿ \ \ \ I , .~ ~ ~ .:- . , oJ o,J \\ \\ \L-- . La \.J \ .-.- - \_-------- TEXAS DEPARTMENT OF TRANSPORTATION P. O. Box 6868 Fort Worth, Texas 76115 (817) 370-6623 January 21, 1991 Subject: Temporary Signal Plans Mr. Gregory W. Dickens, P.E. Director of Public Works/Utilities City of North Richland Hills P. O. Box 18609 North Richland Hills, Texas 76180 Dear Mr. Dickens: We are transmitting original plans tracing's and general notes for the proposed temporary traffic signal at the intersections of FM 1938 with Watauga Road and FM 1938 with Rumfield Road/Starnes Road. If you have any questions please contact Mr. Jerry Gibbs at 370-6623. Sincerely, ¡~,L\ ~LL ~d A. Abukar, P.E. Supervising Traffic Engineer EB/sme Attachment Cc: John A. JOhnston, P.E. Glenn E. Elliott, P.E. Virgil Weed An Equal Opportunity Employer I"" - I. I I I I I I I I. I I I I I I I Ie I GENERAL NOTES THE SIGNAL INSTALLATIONS WILL CONSIST OF THE FOLLOWING PRINCIPAL ITEMS: I. INTERSECTION OF F.M. 1938 & WATAUGA RD. A. The Tx DOT shall furnish all materials and equipment with the exception of concrete and reinforcing steel for the pole & controller foundations and loop sealant for the vehicle loop detectors. 1. Materials to be furnished by Tx DOT as follows: a. Eight Phase Controller & Cabinet 1 EA. (Ground Mount) with Auxiliary Equipment b. Detector Amplifiers 4 EA. c. One-Way, Three-Section Signal Head (12") 3 EA. d. Two-Way, Three-Section Head (12") Poly T.V. 2 EA. e. Span Wire Signal Hanger Brackets (vert. Mount) 5 EA. f. Galvanized steel Span Wire(3/8") 700 FT. g. 30 Ft. Steel strain Pole with Luminaire Arm 2 EA. h. Service Set-up on strain Pole (Breaker Box) 1 EA. i. 2" Conduit 20 L.F. j. 3" Conduit 20 L.F. k. No. 6 AWG-Power Wire (2 Black-1 White) 1. No. 14 AWG-(THHN)-Loop Wire m. 2/C #10 Luminaire Cable 100 L.F. 3000 L.F. 200 L.F. n. 2/C #14 Shielded Cable 500 L.F. o. 4/C #12 AWG Signal Cable p. Luminaire With Photo Electric Eye 500 L.F. 1 EA. -. . I I. I I I I I I I Ie I I I I I I I Ie I q. Luminaire With Photo Eye 1 EA. r. Anchor Bolts (1 3/4") 8 EA. s. Pull Boxes 2 EA. t. Traffic Sign (SRIO-SL) 1 EA. u. Sign Bracket-Span Mount 1 EA. v. Automatic Dead Ends 4 EA. w. Spiral Wrap (#6 Alum.) attach 250 FT. Signal Cable to Messenger Cable x. Thimble-Eye Thru Bolts (3/4") 4 EA. y. Misc. EMP & PVC Fittings, As required Clamps and Hardware B. The City of N. Richland Hills shall provide all construction labor cost essential for a complete signal installation as shown in the plans. I Ie I I I I I I I I. I I I I I I I Ie I II. INTERSECTION OF F.M. 1938 & RUMFIELD RD./STARNES RD. B. The city shall furnish all necessary materials and equipment with the exception of 30 foot Steel strain Poles. 1. Materials to be furnished by Tx DOT as follows: a. 30 foot Steel Strain Pole 2 EA. b. Anchor Bolts (1-3/4") 2. Materials to be furnished by the City as follows. a. Eight Phase Controller & Cabinet (Ground Mount) with Auxiliary Equipment b. Detector Amplifiers c. Two-Way, Three-Section Signal Head d. Span wire Signal Hanger Brackets .1 <yert. Mount)" ~ e. Galvanized Steel Span Wire (3/8") f. Service Set-up on strain Pole (Breaker Box) g. Concrete h. Steel i. 2" Conduit j. 3" Conduit k. No. 6 AWG-Power Wire (2 Black-l White) 1. No. 14 AWG (THHN)-Loop Wire m. 2/C #14 Shielded Cable n. 4/C #12 AWG Signal Cable o. Pull Boxes 8 EA. 1 EA. 6 EA. 5 EA. 5 EA. 700 FT. 1 EA. 6.5 CY. 801 LBS. 20 LF. 2 0 LF. 100 LF. 200 LF. 500 LF. 500 LF. 2 EA. 1'- , Ie I I I I I I I I. I I I I I I I Ie I p. Traffic Sign (SR10-SL) q. Sign Bracket-Span Mount 2 EA. 2 EA. 4 EA. 250 FT. 4 EA. As required r. Automatic Dead Ends s. Spiral Wrap (#6 Alum.) attach Signal Cable to Messenger Cable t. Eye-Bolts (3/4") u. Misc. EMT & PVC Fittings, Clamps and Hardware B. The city is-responsible for construction (labor) cost essential for the complete Signal Installation. 1. All equipment and materials furnished by the City, for this installation will be returned to the City after the proposed permanent signal has been installed. III. NOTES FOR No's'I & II ABOVE AS FOLLOWS: A. Contractor ~hall notify Tx. DOT approximately 48 hours in advance for picking up the necessary materials and equipment at the District Signal Shop in Fort Worth. B. The Tx DOT shall be notified when Construction begins. c. Phases of Signal Operation 1. The signal installations shall be wired to operate in accordance with phase diagrams in these plans. 2. A Tx DOT signal technician shall be present when signal is placed in operation. a. Time intervals shall be adjusted and set by a Tx DOT technician. 3. Each new signal installation shall flash for approximately three (3) days prior to being placed in the actuated mode. a. All signal heads for the through traffic on FM 1938 shall flash yellow. Signal heads for the turns on FM 1938 and all signal heads for both minor streets shall flash red. <+.> The red and yellow lens on signal heads for left turns on FM 1938 shall be louvered. b. All sign~l heads shall be covered with burlap or other approved material from the time of installation until the signal is placed in operation. D. TRAFFIC CONTROL - SIGNS & BARRICADES 1. The contractor shall arrange the installation of loop,detectors or other work in the roadway so as to close only one lane at a time. Construction operations should be conducted to provide minimal interference to traffic. I: Ie I I I I I I I I. I I I I I I I Ie I \-"' 2. The traffic control plan (TCP) for this project shall be as detailed on STANDARD SHEET 1-82-8011 BTS. All Construction Signs shall be mounted on Fixed Supports (4" X 4" Wood Posts) when possible. E. Concrete for Steel Strain Foundations shall be CLASS "A" . F. All necessary pavement markings shall be installed by state Forces. G. The Contractor, at his own expense, shall purchase, maintain and keep in force such insurance as will protect him from claims which may arise out of or result from the Contractors operations under the contract. . H. The Contractor agrees that he will identify and save the Texas Department of Transportation and the the City of North Richland Hills harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, suppliers and furnishers of machinery and parts thereof, equipment power tools, and all sUpplies, including commissary, incurred in the furtherance of of the performance of this contract. CITY OF NORTH RICHLAND HILLS Department: .Ubject: Public Works ~ Council Meeting Date( 4/13/92 Approve Change Order No. 2R - Miscellaneous 1 991 ~trAAt RA~nn~trlJ~tinn ProjAct Agenda Number: --R...W 92-12 . ~ The proposed Change Order No. 2R is for removing and replacing the existing sanitary sewer services on Tourist Drive from Willowcrest north to the Haltom City limits and Bogart Drive from Holiday Lane east to College Circle. The existing sewer pipe has been found to be made of "orangeberg". This type of p!pe is made from a paper material and deteriorates over time. The question with "orangeber9" pipe is not will it fail, but rather when will it fail. The staff's concern is that if we do not replace these 60 services before we reconstruct the above mentioned streets that the property owners will be back tearing out the new pavement in the near future replacing these services one at a time and patching the street as they go. The staff will make sure the property owners whose services will be replaced are notified. We will furnish them the name and phone number of the contractor so they can replace their orangeberg service lines from the right-of-way to the house at the same time if they want to. Any replacement of service line on their property will be paid by them to the contractor. The cost for Change Order No. 2R is $61 ,996.00 with a 25 calendar day increase in bid time. With approval of the change order, the new total contract price for the subject project will be $1,832,019.45. Funding Source: Sufficient funds are available in Utility Retained Earnings and would require a transfer as indicated below. This would also require the 3- Year Utility Fund CI P Program be revised to accommodate this additional expense. From: Utility Retained Earnings 02-00-00-0599 $61,996.00 To: Miscellaneous 1 991 Street Reconstruction Utility Adjustments 02-86-18-6000 $61 ,996.00 - Recommendation: The staff recommends the Council approve Change Order No. 2R in the amount of $61 ,996.00, the transfer of funds as indicated above, and the revision to the 3-year Utility Fund CIP Program. Finance Review . Finance Director rtment Head Signature CITY COUNCIL ACTION ITEM ~ City Manager Page 1 of I Ie I I I I I I I I. I I I I I I I Ie I G~eG- KNOWLTON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS I Fort Worth- Dallas April 8, 1992 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-362, CITY OF NORm RlCHLAND HHLS, MISCELLANEOUS STREET RECONSTRUcnON PROJECTS CHANGE ORDER NO. 2R Attached is Change Order No. 2R to the referenced project which has been executed by the Contractor, AP AC- Texas, Inc. After approval of this Change Order, please return a fully executed copy of the change order forIns to our office for our files. Should you have any questions concerning this change order, please do not hesitate to call. ~ /~ <---...... TEN/lId Enclosure (Change Order No. 2R) xc: Mr. Dennis Horvath, Deputy City Manager Mr. Bill Rutledge, City Inspector Mr. Michael D. Manning, APAC-Texas, Inc., P.O. Box 1807 Fort Worth, Texas 76101 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 l- Ie I I I I I I I Ie I I I I I I I Ie I K-E-F NO. 3-362 CHANGE ORDER NO. 2R TO THE CONTRACT WHICH WAS DATED OCTOBER 21, 1991 Between THE CITY OF NORTH RICHLAND HILLS , (OWNER) , (CONTRACTOR) And APAC-Texas For MISCELLANEOUS STREET RECONSTRUCTION PROJECTS: 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: Remove existing sanitary sewer services in Tourist Drive and Bogart Drive from the right-of-way line to the existing 6" sanitary sewer main, or as directed by the Owner's Resident Project Representative. At each service location, install a 6" x 4" teejwye, 4" diameter (SDR 35) PVC sewer pipe, and replace a four foot section of the existing 6" sanitary sewer main with 6" diameter (SDR 35) PVC sanitary sewer pipe as directed by the Owner's Resident Project Representative. Transfer all proposed sanitary sewer services to the existing sanitary sewer services at the right-of-way line or at location directed by the Owner's Resident Project Representative. Add the following quantities to existing Contract items: ITEM UNIT ~ DESCRIPTION UNIT PRICE QUANT. TOTAL IS Sanitary Sewer Service Transfer, Complete in Place EACH 220.00 60 13,200.00 2S 6"x4" TeejWye, Compl. in Place EACH 220.00 60 13.200.00 3S 4" Dia. (SDR 35) PVC, I nc 1 . ExcjEmbdjBkfl, Compl. in Place L. F . 22.00 1,318 28.996.00 4S 6" Dia. (SDR 35) PVC, I nc 1 . ExcjEmbdjBkfl, Compl. in Place L.F. 27.50 240 6.600.00 TOTAL CHANGE ORDER COST $ 61.996.00 EXISTING CONTRACT AMOUNT . $1,770,023.45 REVISED CONTRACT AMOUNT $',H1?,O,Q 4'1 Contract completion time shall be increased by ~ days because of this change. OWNER'S ACCEPTANCE OF PROPOSED CHANGE By: ENGINEER'S RECOMMENDATION OF ACCEPTANCE By: ¿/ ?k~ Date: 4-8-92- Date: CONTRACTOR'S OFFER OF CHANGE: APAC - Texas, Inc. By: í~¡¡¿~ D, 7{1 C'~ Branch Manager -, Lf-l-)2- Date: