Loading...
HomeMy WebLinkAboutCC 1992-11-23 Agendas I" I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 23, 1992 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION TAKEN I 1. Agenda for Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation and Approval of Financing/Use Agreement (Agenda Item No. 15) (5 Minutes 2. IR 92-147 Bedford-Euless Road from Grapevine Highway to Airport Freeway; Incentive for Early Completion (10 Minutes) 3. GN 92-132 Amendment to Laidlaw's Franchise Agreement - Ordinance No. 1857 (Agenda Item No. 13) (10 Minutes) 4. GN 92-134 Animal Control Ordinance - Ordinance No. 1848 (Agenda Item No. 15) (5 Minutes) 5. PU 92-44 Approval of Bid for Richfield Park Parking Lot (Agenda Item No. 17) (5 Minutes) 6. PU 92-45 Award Bid for Crematorium for Animal Care and Control (Agenda Item No. 18) (5 Minutes) 7. PW 92-37 Award of Bid on Bursey Road Paving and Drainage Improvements (Agenda Item No. 19) (5 Minutes) 8. Other Items I I I I I I I I I I I I I I I I I I I Page 2 I NUMBER I ITEM I ACTION TAKEN I 9. Work Session 10. *Executive Session (15 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 11. Adjournment - 7:00 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 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA NOVEMBER 23, 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 ACTION TAKEN I 1. Call to Order I 2. Invocation I 3. Pledge of Allegiance I 4. Minutes of the Regular Meeting November 9, 1992 5. Presentations by Boards & Commissions a. Beautification Commission Minutes b. Park and Recreation Board Minutes 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (9, 10, 11, 12, 13, 14, 15, 16, 18, 19 & 20) 8. PS 92-22 Public Hearing to Consider the Request of the City of North Richland Hills for a Replat of Lots 1 and 32, Block G, Richland Oaks Addition (Located along the north side of Bedford-Euless Road between Nevada Trail and Eldorado Drive) I I I I I I I I I I I I I I I I I I I Page 2 I NUMBER I ITEM I ACTION TAKEN I *9. PS 92-29 Request of Redbud Capital Inc. for Final Plat of Woodland Terrace (Located on the west side of Precinct Line Road, just south of Nob Hill Drive) * 10. PS 92-30 Request of Pace Membership Warehouse for a Replat of Lots 1R and 2R, Block A, Richland Oaks Addition (Located at 8561 Airport Freeway) * 11. PS 92-34 Request of First American Savings Banc and Richland Hills Church of Christ for a Replat of Lot 17, Block 20, Snow Heights Addition (Located on the south side of Northeast Loop 820, east of Vance Road) * 12. PS 92-35 Request of Rufe Snow/Loop 820 for Final Plat of Lot 9, Block 4, Tapp Addition (Located at the northwest corner of Rufe Snow Drive and Northeast Loop 820) * 13. GN 92-132 Amendment to Laidlaw's Franchise Agreement - Ordinance No. 1857 *14. GN 92-133 Setting Appointment Dates and Terms for All Boards and Commissions - Ordinance No. 1856 * 15. GN 92-134 Animal Control Ordinance - Ordinance No. 1848 *16. GN 92-135 Approval of Financing/Use Agreement 17. PU 92-44 Approval of Bid for Richfield Park Parking Lot I~ I I I I I I I I I I I I I I I I I I , Page 3 I NUMBER I ITEM I ACTION TAKEN I * 18. PU 92-45 Award Bid for Crematorium for Animal Care and Control *19. PW 92-37 Award of Bid on Bursey Road Paving and Drainage Improvements *20. PAY 92-18 Approve Final Pay Estimate No.3 in the Amount of $41,893.73 to Wright Construction Company, Inc. for Boca Raton Drive Storm Drain Improvements 21. Citizens Presentation 1. Mr. Danny Thompson Re: Proposed Changes in Sign Ordinance 2. Ms. Mary Lou Holley 5025 Eldorado Blvd. Re: Status of Eldorado Blvd. 3. Mr. Sid Radaccia P.O. Box 516181 Dallas, TX 76251 Re: Charges for Mowing Areas in North Richland Hills 22. Adjournment POSTED //-/CÎ- 9~ Date 4021 ¡J¡Yl T{me ._ City Secretary L /\} ~C-_-.-__._ /'~ I ,I . I I I I I I I Ie I I I I I I I Ie I NOTICE OF MEETING NOTICE is hereby given that the Board of Directors of the North Richland Hills Park and Recreation Facili ties Development Corporation will meet at 7:00 o'clock P.M. on the 23rd day of November, 1992, at the City Hall, 7301 N. E. Loop 820, North Richland Hills, Texas and during such meeting will consider all matters incident and related to (1) approving contracts for professional services, including financial advisory services and legal services, and (2) the approval of the issuance and sale of "North Richland Hills Park and Recreation Facilities Development Corporation Sales Tax Revenue Bonds, Series 1992", dated November 15, 1992, including the receipt of bids therefor, the adoption of a resolution authorizing the issuance of such bonds and approving and authorizing the execution of a Financing/Use Agreement in relation thereto and the adoption of a resolution approving and authorizing the execution of a Paying Agent/Registrar Agreement in relation to such bonds. AGENDA 1. Approval of minutes of the October 27, 1992 meeting. 2. Approval of Corporate Seal and appoint Assistant Corporation Secretary. 3. Consider and approve advisory contract with First Southwest Co. 4. Accept bid on $7,500,000 North Richland Hills Park and Recreation Facilities Corporation Sales Tax Revenue Bonds, Series 1992. 5. Consider and approve Resolution No. 92-54 authorizing issuance of said $7,500,000 Sales Tax Revenue Bonds. 6. Consider and approve Resolution No. 92-55 approving Paying Agent/Registrar Agreement. 7. Recess for City Council Meeting. 8. Reconvene at 8:00 P.M. or immediately following Council meeting. 9. Take any action needed in connection with issuance of the 1992 Series of Sales Tax Revenue Bonds. ($7,500,000) 10. Adjourn /) .,' ') . ( j-j~-&¿z;t¿ r;~ s~etary of Corporation :/ I I I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 92-147 Date: November 23, 1992 Subject: BEDFORD-EULESS ROAD from Grapevine Highway to Airport Freeway; Incentive for Early Completion The completion of the subject project becomes more critical the closer we get to the actual beginning of construction on the IH 820/SH 26/SH 1 21 Interchange project. Also, we would all like the project to be started after this Christmas season and finished before the 1993 Christmas season. In order to encourage the contractor to finish the project as rapidly as possible, staff and the consulting engineer propose a $300 per day incentive clause in the contract. It would offer $300 for each day the contractor finishes before the calendar day time he bid. There will be allowance for an unusual amount of rain days. The contractor will have to completely finish the project to qualify for the bonus/incentive pay. The incentive pay will be limited to a maximum of $30,000. The contract will also call for liquidated damages in the amount of $300 per day for time spent over the bid time to reach substantial completion. Substantial completion will be defined as the point in time which the contractor has all work on the paved surface including drive approaches complete and open to traffic. Attached is a copy of the section of contract documents covering these items for your review. Staff would appreciate your guidance in the use of this incentive (bonus) pay provision in the contract for the subject project. Respectfully submitted, GWD/smm ISSUED BY THE CITY MANAGER NORTH ~'CHlAND HII,LS, TEXAS ~. t..f~O "I,~- 1 .,7 -.9_ 2..._.: T ~~ .._....;.~.~.,~~~:3 K N..O W L TON - e:..~-I G L I...S 1:'1'.':7'" F LOW E Rv$ P _ a 2 I ,'. ., :',,' ',:,,:,\ I --e I I I I I I I Ie I .-1 -I I I I I ~~Ie I K-E-F NO. 3-340 f ~ ~ ;¡ ,r" Information for Bidders I 3.2.12 CONTRACT TIME. ~IOU.DATED DAMAGE$~ ANO~ONU~: Contract time shall be counted in "Calendar Days·. It is understood and agreed that time is of the essence in this Contractf therefore completion time for this Contract is hereby set to end on November 3. 1993 based on a proposed work order date of January 7, 1993 and a Contract coœpletion time of ~ Calendar Days. .It is further understood and agreed that for each calendar day of delay beyond the completion date of this Contract. (after due allowance for such extension of time as is provided herein and as provided in Items 3.2.13 and 3.2.29). the Contractor shall pay to the Owner as liquidated damages for each day of such delay the sum of S300.00, it being understood between the parties hereto that such sum shall be treated as liquidated damages and not as a penalty, and the Owner may withhold from the Contractor's compensation such sums as liquidated damages. Should the Contractor "fully complete" the project in less than 300 Calendar Days, Contractor shall receive a ~ in the amount of $300.00 times the difference between 300 and the actual number of calendar days to full completion. However, in no case shall the Contractor's Bonus exceed S30.0QQ. Should the Contractor fail to have the project ·substantially complete'· at the end of 300 calendar days, the Contractor shall be assessed liquidated damages in the amount of $300.00 times the difference between the actual number of calendar days to substantial completion and the 300 calendar days. uFull Completion" required to earn any bonus shall mean finishing ill the work of the Contract, including clean-up and all other operations, as opposed to lesser degrees of completion based upon degree of usability. "Substantial Completion" which is the condition at which liquidated damages cease to be assessed for time overrun shall mean that all work w;thtn the areas of the driving surfaces (from curb to curb). shall be fully completed, but incidental work, beyond the curbs not requiring heavy machinery which might damage the curb or pavement, need not be complete provided its condition does not prohibit or restrict the movement of traffic on the completed driving surface of Bedford·Euless Road. ITEM "4.02 EXTENSION OF TIME- and its modification under Ite~ 3.1.04(a) are hereby further modified to provide that extensions of the fixed 300 Calendar Days completion time may be effected only by the OWner's execution of a change order with which the Contractor shall furnish full documentation of the basis for the change. This item is also hereby conditioned that abnormal or extreme rainfall or other precipitation will be considered as cause for extension of the contract time as provided in Item 3.2.13, "Weather DelaysR. Similarly, other weather or climatological extremes (freezing, heat, etc.) shall be considered as cause for extension of contract time only during calendar months when such causes of delay occur in excess of the average number of days based on DFW Airport records. The Contractor shall also furnish daily ·On-site Observation Reports- and/or other information to show that the abnormal or extreme weather conditions did actua11y cause a delay in the work. Delays which may be caused to the Contractor due to work by other utility companies may be considered for extension of time, as covered in Item 3.2.29, ·Utility Delays", only if no other work not directly in conflict with the utility relocation operations can be performed on the Project. The Owner's decision on time extension allowances is final. 3.2.8 NO\W}-,. 7.:-92 I- I --) e I I I I I . I Ie I --,I J I I I I I -- I I TUE --7:,:..;-.5 ~ KNOWLTON-ENC;L.,I SH-F~OWERS ,p . ø:3 1 ~ . ~.~ . ~ ~ .. ..."t' ~ 'f .j ~. ,/ .~ :~ ~ . . I(-E-f NO. 3-340 Information for Bidders I I 3.2.13 WEATHER DELAYS: Extensions of time due to weather delays shall be determined in accordance with the following formula: E · R w P where P ~ Rand E · extra precipitation days P - average precipitation days, R · total precipitation days ~ Average Precipitation Days (P): this is defined as a day of rain, sleet. hail. snow or any combination thereof, and shall be based upon the average precipitation for each month of the year as defined in the Local Climatological Data summaries issued by the National Climatic Data Center in Asheville, North Carolina, and for this contract shall be as follows: MONTH AVERAGE PRECIPITATION J F M A M J J A S 0 N 0 7 7 7 a 9 6 5 5 7 6 6 6 NO. OF DAYS Partial months shall be prorated uniformly for the entire month and the sum of all the months used will be rounded to the nearest whole number. This number shall be P. Total Precipitation Days (R): this is defined as a day of rain, sleet. hail, snow or any combination thereof, if determined by the Owner's Project Representative that the Contractorls construction can not progress substantially due to precipitation and thus be put in the Daily Inspection log Book as a precipitation day. The sum of all the precipitation days shall be R. The total number of extra precipitation days (E) shall be granted to the Contractor as extension of time due to weather delays, and no additional time due to drying time for saturated soil will be allowed. 3.2.14 FIELD OFFICE: The Contractor shall n21 be required to provide a field office for the Owner's Project Representative; however, the Contractor's Superintendent shall be available on the job site at all times when portions of the work are in progress. 3.2.]5 PROJECT SITES. EASEMENTS. PERMITS & LICENSES: All proposed construction is within existing right-af-way limits of Bedford-Euless Road and easements indicated on the Consttuction Plans. The Owner will acquire the regulatory permits related to rights of land use, etc., if required; however, the Contractor shall be responsible for securing other required permits and licenses, if any. The lands involved will be assumed to encompass at least the minimum areas needed to complete the work, but this does not necessarily mean that all trenches or other excavations can be back-sloped without bracing or shoring. Copies of all such deeds, easementst permits, etc., shall be made available to the Contractor and it shall be the responsib;lity of the Contractor to secure same from Owner's Resident Project Representative before entering the premises. 3.2.9 I Ie I I I I I I I Ie I I I I I I Ie I I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 9, 1992 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order November 9, 1992, at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Ray Oujesky Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Staff: Rodger N. Line Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Linda Spurlock Councilwoman 2. INVOCATION Mayor Pro Tem Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING OCTOBER 26, 1992 APPROVED Councilman Wood moved, seconded by Mayor Pro Tem Sibbet, to approve the minutes of the October 26, 1992 City Council meeting. I Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 2 Motion carried 6-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS None. 6. PRESENTATION TO JAN JOHNSON - MAYOR BROWN Mayor Brown presented a proclamation to Jan Johnson recognizing her community service. 7. PRESENTATIONS TO JOSH SIMCOX, JOSH BISHOP AND RICHLAND HIGH SCHOOL ART DEPARTMENT - MAYOR BROWN Mayor Brown, Chief Gertz, Duane Hickman, and Don Andrews presented plaques to Josh Simcox, Josh Bishop, and Richland High School Art Department for submitting the winning logo for the bomb squad vehicle. Mayor Brown recognized Cub Scout Troop No. 455. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Garvin removed Item No. 17 from the Consent Agenda. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11, 13, 14, 15, 16, 18, 19, 24, 25, 26, 27 & 28) APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Sibbet, to approve the Consent Agenda. Motion carried 6-0. I Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 3 10. PZ 92-34 REQUEST OF RONALD AND DONNA DROMGOOLE FOR AN APPEAL HEARING REGARDING THE REZONING OF TRACT 6A3, WILLIAM COX SURVEY, A-321 FROM R-2 SINGLE FAMILY TO R-I-S SPECIAL SINGLE FAMILY (LOCATED AT 7001 SMITHFIELD ROAD) APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to set the date for the appeal hearing for the December 14, 1992 City Council meeting. Motion carried 6-0. *11. GN 92-116 AGREEMENT FOR COLLECTION SERVICES WITH STANFORD FINANCIAL SERVICES, INC.- RESOLUTION NO. 92-47 (TABLED AT THE SEPTEMBER 28TH CITY COUNCIL MEETING) APPROVED 12. GN 92-127 ANNUAL CITY CHRISTMAS TREE LIGHTING (TABLED AT THE OCTOBER 26TH CITY COUNCIL MEETING) APPROVED Councilwoman Johnson moved, seconded by Councilman Wood, to approve GN 92-127 to be funded by Hotel/Motel Tax funds. Motion carried 6-0. *13. GN 92-129 SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT - ORDINANCE NO. 1854 APPROVED *14. GN 92-130 AMENDMENT TO CLARIFY ORDINANCE NO. 1636 WHICH DELETED THE R-5-D DUPLEX DISTRICT FROM THE ZONING ORDINANCE - ORDINANCE NO. 1855 APPROVED I Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 4 *15. GN 92-131 CABLE BOARD RECOMMENDATION ON SAMMONS CABLE FRANCHISE RENEWAL PROPOSAL APPROVED *16. PU 92-39 REQUEST TO APPROVE BID FOR 1992-93 PROPERTY INSURANCE COVERAGE APPROVED 17. PU 92-40 REJECT BIDS FOR THE RENOVATION OF COURT APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Sibbet, to accept the bid of $13,950 of Team Design subject to negotiations worked out with bidder. Motion carried 6-0. *18. PU 92-41 APPROVE PURCHASE OF DECK MOWERS FROM STATE OF TEXAS BID APPROVED *19. PU 92-42 AUTHORIZE PURCHASE OF A/S 400 UPGRADE APPROVED 20. PW 92-31 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON BURSEY ROAD - ORDINANCE NO. 1845 APPROVED Mr. Greg Dickens, Public Works Director, explained the necessity for improvements to Bursey Road. Councilman Garvin moved, seconded by Councilman Wood, to approve Ordinance No. 1845. Motion carried 6-0. 'I Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 5 21. PW 92-32 APPROVING AND ADOPTING ESTIMATES FOR IMPROVEMENTS ON BURSEY ROAD - ORDINANCE NO. 1852 APPROVED Mr. Greg Dickens, Public Works Director, advised the estimated cost for improvements to Bursey Road were $1,996,000. Mr. Dickens advised there were changes on the assessment roll - page 4, Parcel 21a, assessment reduced to $6,358.51 and page 6, Parcel 33, assessment reduced to $6,414.00. Councilman Garvin moved, seconded by Councilwoman Johnson, to approve Ordinance No. 1852. Motion carried 6-0. 22. PW 92-33 PUBLIC HEARING ON BURSEY ROAD ASSESSMENTS Mayor Brown opened the Public Hearing on Bursey Road and called for those wishing to speak to come forward. Mr. Jim Norwood, Appraiser, made a report on the Enhancement Study. Mr. Gene Martin, 7300 Continental Trail advised he felt the assessment should be reduced. Ms. Luci Bell, 7308 Bursey, felt that the people on the street behind them should also be assessed. Ms. Bell felt there was currently a traffic problem on Bursey Road. Mr. Robert Atherton, 7300 Bursey Road, felt the assessment rate was too high. Mr. Kenneth Martin, 7416 Bursey Road, advised he was left off the roll. Mr. Dickens advised his assessment amount was zero. Ms. Herbert Travis, Keller, spoke against the assessment and also advised the Council she had a drainage problem on the property. Ms. Cheryl Lyman, 7328 Tipperary, asked if the street would be open during construction. Staff advised the road would be open at all times and a traffic flow would be maintained. l- Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 6 Mr. Kevin Beatty, 7901 Kandy Lane, asked if the improvements included sidewalks. Staff advised sidewalks were included. Mr. David Wells, 7508 Bursey Road, asked if some kind of road block could be placed by his drive. He advised he had a problem getting in out of his drive. Mr. Wells was advised the Director of Public Works would look into his problem and get back with him. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. 23. PW 92-34 CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS ON BURSEY ROAD - ORDINANCE NO. 1853 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Sibbet, to approve Ordinance No. 1853 subject to no interest paid on the residential assessments as long as the property is used as the owner's homestead, interest will begin with the owner's death or if the property is sold, rezoned, platted or if any building permits are issued. Motion carried 6-0. *24. PW 92-35 APPROVE BUDGET FOR UTILITY CONSTRUCTION CREW APPROVED *25. PW 92-36 APPROVE CITY-DEVELOPER AGREEMENT CONCERNING AMUNDSON DRIVE AND CANNON DRIVE PAVING PARTICIPATION, SPRING OAKS ADDITION APPROVED *26. PAY 92-15 APPROVE FINAL PAY ESTIMATE NO.3 IN THE AMOUNT OF $6,789.50 TO DURABLE SPECIALTIES, INC. FOR RUFE SNOW DRIVE SYNCHRONIZED SIGNAL SYSTEMS APPROVED I' Ie I I I I I I I Ie I I I I I I Ie I I November 9, 1992 Page 7 *27. PAY 92-16 AUTHORIZE PAYMENT TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) FOR ANNUAL SOFIWARE MAINTENANCE APPROVED *28. PAY 92-17 REQUEST FOR FINAL PAYMENT TO TEAM DESIGN FOR RENOVATION AT 4801 ELDORADO APPROVED 29. CITIZENS PRESENTATION Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council. Mr. Stevens had questions pertaining to the improvements of Precinct Line Road. Mr. George Angle, Vice Chairman of the Cable TV Board, advised the Council he would like to give them some correct information on Item No. 15; the information supplied by the staff was incorrect. Mr. Sanford, Assistant City Manager, advised Mr. Angle that the Council had been given the correct information. Ms. Myrtis Byrd, 7312 Hialeah Circle, advised the Council that the City of North Richland Hills has one of the best fire departments in the State and she felt that people needed to be made aware of this. Ms. Byrd asked that the Fire Department, especially the ambulance crew, be given some special kind of recognition. 30. ADJOURNMENT Mayor Pro Tem Sibbet moved, seconded by Councilman Wood, to adjourn the meeting. Motion carried 6-0. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary I ~ I I I I I I I . I I I I I I I {' I CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION BOARD MINUTES MONDAY, OCTOBER 5, 1992 BOARD IN ATTENDANCE Don Tipps, Chairperson Sharon Battles, Vice Chairperson J. Douglass Davis David Allen Bobbie Lambert Denny stout BOARD NOT IN ATTENDANCE: Bob Fenimore Karen Allen ALSO IN ATTENDANCE Jim Browne, Director of Parks & Recreation Jack Giacomarro, Parks Superintendent Monica Sue Walsh, Recreation Manager CALLED TO ORDER Mr. Tipps, Chairman at 6:31 PM. APPROVAL OF THE MINUTES: Mr. Davis made a motion to approve the minutes of the August 31, 1992 meeting. Ms. Battles seconded the motion. Vote was unanimous in favor of the motion. NEW BUSINESS ITEM 3: ELECTION OF 1992/93 BOARD OFFICERS After discussion of the upcoming possible ordinance change to appoint members to Boards and Commissions in June of each year, Mr. Davis made a motion to delay the election of new officers to July 1993 and have officers maintain their positions until that time. Mr. Allen seconded the motion. Further discussion was held. Vote was unanimous in favor of the motion. ITEM 4: YOUTH SPORTS ASSOCIATIONS' REPORTS Mr. Larry Quinn, vice President, Richland Youth Association (RYA), gave the following report: Football registration brought in 450 participants and cheerleader registration has 225 participants. There will be a pep rally on Saturday, October 17, 1992 at 6:30 PM. The shingles that were placed in front of the concession stand are working out quite well. There was some vandalism at the Richfield Park during the weekend of October 3 and 4, 1992. The parks crews are now removing the graffiti and damage. Ms. Harlan, who was on the Metroplex Concessions/Restroom Facilities Tour, forwarded her thanks and appreciates the opportunity to offer input for this project. Mr. Walter Mead, Commissioner, North Richland Girls Softball League (NRGSL), gave the following report: A new board of directors is being put together. Five "select" teams will participate in Fall softball tournaments. staff was requested to submit information to be run on Citicable 36 channel with some footage from last year's ceremony and to submit to have the information ran on the outside information board. A pamphlet containing information on the ceremony will be submitted to the Finance Director's office to be stuffed in the water bill mailings (17,000 pamphlets were printed). Ms. Tucker will have approximately 25 posters made of the ceremony to be strategically placed around the city. staff was also asked about the live Christmas tree in the west parking lot of the Community Center Complex. Mr. Hightshoe informed the Commission that the tree is approximately 16-18 feet tall and cost $249 which the Public Grounds Division has agreed to pay. Electrical service is being sought to be installed for the tree. The Commission requested that Staff prepare a package to submit to Council for funding of the electrical service to the live Christmas tree. Staff is also researching the opportunity to install an electrical receptacle on the poles for other Christmas decorations on Watauga Road. ITEM 5: DISCUSSION OF CHRISTMAS TREE RECYCLING Ms. Scoma stated that Ms. Ward had agreed to chair this project. Ms. Ward requested suggestions. Ms. Scoma suggested the program be limited to one ."drop off day" being Saturday, January 2, 1992 (as opposed to two Saturdays as in the past) from 9AM - 4PM, at the same site on Dick Fisher Drive as last year. The Commission was asked to review their lists of volunteers to call on for assistance. staff was requested to order two-thirds of the afghan pine seedlings from last year's order. The chipper will be available for mulching. Mulch will be made available for the public at a date to be announced later. Consideration was given to accept trees from tree lots at a charge of $1 to the tree lots per tree "dropped-off". ITEM 6: UPDATE ON KEEP TEXAS BEAUTIFUL REVIEW Ms. Sommermeyer gave the following update in Ms. Dunkelberg's absence. Discussion was held on an upcoming seminar in Dallas. ITEM 7: UPDATE ON COMPOSTING SEMINAR Ms. Sommermeyer gave the following update in Ms. Dunkelberg's absence. The seminar has been scheduled for November 21, 1992 from 9:30 AM - 11:00 AM at the Recreation Center. ITEM 8: DISCUSSION OF PRESERVATION OF A TREE ON PRECINCT LINE Ms. Sommermeyer read a letter that the Commission would like sent to commissioner Bob Hampton requesting the preservation of a tree on Precinct Line Road and Lockett Road. Beautification Commission Minutes October 20,1992 Page - 2 I J I I I I I I I II I I I I I I I _I I J Beautification Commission Minutes October 20,1992 Page - 4 I J I I I I I I I . I I I I I I I , I ITEM 11: DISCUSSION OF OTHER ITEMS * Ms. Scoma stated that she had been approached by Ms. Nancy Kirkland concerning North Richland Middle School landscaping of the school grounds. Mr. Hightshoe commented that Staff has been meeting with Ms. Kirkland on landscaping ideas. Discussion was held on whether trees should be transplanted from the tree farm to the schools for landscaping purposes. Mr. Hightshoe stated that the tree farm trees are for plantings on public grounds. The Department will supply each elementary school with one tree for the next Arbor Day Celebration. * Staff is having brochures printed for educational purposes. The Beautification Commission will have an opportunity to review these brochures. * Ms. Tucker stated that she will write a thank you letter to the City Manager's Office for hosting the Annual Boards/Commissions Reception. Staff stated that they would type the letter for the Commission. ADJOURNMENT Ms. Scoma adjourned the meeting at 8:50PM. ATTEST: Alice Scoma Chairperson ITEM 7: STAFF REPORT Mr. Hightshoe gave the following report: A Tree Awareness Program was held at Northridge Elementary School on September 11, 1992. Approximately 107 third graders participated in the tree plantings. ITEM 8: DISCUSSION OF OTHER ITEMS * Ms. Scoma informed the Commission of the 92/93 FY Budget - $3,750.00. * The Commission decided to buy three Afghan pine Trees with the remaining balance from the 91/92 FY Budget. * Mr. Hightshoe will meet with victor Baxter and Jim Browne concerning the Library Parking Lot landscape design. * The Bag-A-Thon date has been set for March 27, 1993. ADJOURNMENT Ms. Scoma made a motion to adjourn at 8:24 PM. Mr. with seconded the motion. ATTEST: tZL Alice Scoma Chairperson ¿~d;(~ Christina Lopez Recording Secretary Beautification Commission Minutes September 15,1992 Page - 2 I , I I I I I I I II I I I I I I "I I I The 9th Annual "5K and 1 Mile Fun Run" for Open Arms Home·was held on October 3, 1992 with 63 runners participating and benefiting Open Arms Home with $750 in proceeds. Women's volleyball leagues will begin its league with nine teams. This is the first year for an all women's volleyball league. Men's volleyball registration begin October 5, 1992. Senior Adult Services: Bursey Road Senior Adult Center - The center members participated in YMCA games and will host a Halloween Dance. (The Center had 9,486 participants in September and an a fiscal year 91/92 total of 28,475.) Dan Echols Senior Adult Center - The center had their first year anniversary dance with great success. An "Arts & Crafts and Bake Sale" has been scheduled at the center on October 15-17, 1992 from 8AM - 2PM. It has been decided by the center council that a dance will be held the last Tuesday of each month. The center had 10,833 participants for the fiscal year end with an overall participation of 27,709. ITEM 18: CITIZEN INPUT AND DISCUSSION OF OTHER ITEMS None. Mr. Browne announced that the Board should be receiving their invitations in the mail to the Annual Boards and Commissions reception to be held on October 15, 1992 at Iron Horse. Also, the Park, Recreation and Open Space Master Plan has won another award from the American Planning Association. Mr. Browne will attend the ceremony for the award on Friday, October 9, 1992 in Austin, Texas along with representatives from Schrickel, Rollins and Associates, Inc. Mr. Bob Fenimore, Board Member, requested from the Board on September, 1991, to be excused from the Board for one year to meet commitments for his job in Arizona. The Chair recommended that Mr. Fenimore be contacted as to the status of this one year leave of absence request from the Board. ADJOURNMENT Mr. Lambert made a motion to adjourn at 8:10 PM. Ms. Battles seconded the motion. Vote was unanimous in favor of the motion. ATTEST: D Chairperson Parks & Recreation Board Minutes October 5, 1992 Page - 6 I J I I I I I I I . I I I I I I I , I ITEM 11: NORTH HILLS MEDICAL CENTER PARK UPDATE staff met with Randy Moresi, Executive Administrator of HCA North Hills Medical Center, and Richard Albin, of Knowlton, English, Flowers, Inc., to discuss the proposed North Hills Medical Center Park. Mr. Moresi will approach the Hospital Corporation once again to discuss the donation of property on the west side of the channel. The corporation has agreed to donate the property along the side of the channel. The Board will be updated further when information becomes available. ITEM 12: PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION On september 28, 1992, the city Council passed a resolution creating the Park and Recreation Facilities Development Corporation. The Board was given a copy of Resolution 92-44, the Articles of Incorporation, and the By-Laws for review. Messers. Tipps and stout were appointed by council to serve on the Board of Directors of the Corporation along with Messers. sibbet, oujesky, and Bracke, Ms. Johnson, and Ms. Spurlock. The Board of Directors will recommend an annual budget and meet as necessary. The Parks and Recreation Board will continue to serve in their current capacity as an advisory board. ITEM 13: YMCA PROPOSAL FOR JOINT DEVELOPMENT OF RECREATION FACILITIES staff was approached by the NE-YMCA officials regarding possible joint development of recreational facilities on the property that is adjacent to Norich Park (approximately 5-6 acres). The NE-YMCA would like to have priority use with their programs on this property. Discussion was held. Ms. Battles made a motion that Staff relate to NE-YMCA officials that this project does not fit into the priorities of the Parks and Recreation Master Plan, but would like to address this proposal at a later date. Mr. Davis seconded the motion. Vote was unanimous in favor of the motion. ITEM 14: 1992 "YEAR OF LEISURE" 25TH ANNIVERSARY OF THE PARKS AND RECREATION BOARD staff proposed that the year of 1995 be recognized as the "Year of Leisure" commemorating the Parks and Recreation Board's 25th silver Anniversary. Special events would be scheduled throughout the year celebrating the 25th anniversary. Several new facilities should be on-line or opening in 1995 to compliment the year-long "leisure celebration". A thorough investigation was made by the City Secretary's office and found that the Parks and Recreation commission was created in 1959 but did not become active until 1970 with the opening of Richfield Park. Mr. Lambert made a motion to propose to accept 1995 as the "silver Anniversary Year of Leisurell for North Richland Hills. Ms. Battles seconded the motion. Discussion was held. Vote was unanimous in favor of the motion. Parks & Recreation Board Minutes October 5, 1992 Page - 4 I J I I I I I I I II I I I I I I I -- I Parks & Recreation Board Minutes October 5, 1992 Page - 2 I J I I I I I I I . I I I I I I I I -- I Mr. Jon Harris, President, North Area Youth Association (NAYA), gave the following report: The fall softball season has begun with 225 participants making 17 teams. The screens were put up to prevent injury from "fly balls" from going towards the football field. ITEM 5: RICHFIELD PARK PARKING LOT UPDATE Mr. Browne presented the two Richfield Park parking lot preliminary drawings to the Board for their review and comment. The Board discussed the various options to the drawings. Ms. Battles made a motion to recommend to Council to accept the drawing of 428 parking spaces and to begin bid procedures for both asphalt and concrete with city crews providing the striping for the parking lot. Mr. Lambert seconded the motion. Further discussion was held. Vote was unanimous in favor of the motion. ITEM 6: CONCESSION/RESTROOM FACILITY TOUR Messrs. stout and Allen commented on the knowledge received while on this tour. Mr. Allen stated that winters Park in Garland was more suitable to the City's needs. Mr. stout stated that a design/logo could be used on this City's facilities throughout the sidewalks with Pavestone.' The building cost for the Winters Park facility was approximately $225,000. The Committee agreed to continue to collect information to form opinions to forward to the Board for recommendations. ITEM 7: "ROOM RENTAL POLICY" COMMITTEE REPORT Ms. Walsh stated that the committee met on Tuesday, September 29, 1992 to evaluate the existing policy and make recommendations as needed. There was discussion on the religious and political policy as well as who will make the decision on which groups will be allowed use of the facility. The City Attorney suggested eliminating Item 15 from the policy and offer "due process" to religious/political groups with a decision from the Community Services Director, or his designee, and any grievance be presented to the City Manager's office within three days from denial of use of city facilities. In the five years of the Recreation Center there have been approximately 2,000 rentals and one complaint. Also discussed was a proposed fee increase "for profit" versus "non- profit" groups from 5% to 25% from the total commission earned at any one rental. The Committee felt that a 10% of commission fee would be more fair. In addition, a change to limit "for profit" groups to meet in the facility two times per month. This will keep city facilities from being used as a "place of business". Non-profit groups will not be limited on their number of rentals. The policy will be brought back to the Board for review and recommendation to Council after the City Attorney's office has completed the change. Discussion was held. I ~ I I I I I I I . I I I I I I I f I ITEM 8: CITY/SCHOOL COOPERATIVE PLANNING COMMITTEE UPDATE The City/School Cooperative Planning Committee met on September 15, 1992 and prepared the "Agreement to Share Facilities and Equipment Between the Birdville ISD and the city of North Richland Hills". This agreement is the direct result of an implementation recommendation from the City's Parks and Recreation Master Plan. The agreement addresses shared use of existing facilities and equipment and serves as a "foundation" for future project planning, development, and cooperative efforts. On September 28, 1992, the City council and Birdville ISD Board of Trustees joined at the Council meeting to adopt the attached agreement and to continue to work together to find ways to more effectively and efficiently serve our common constituencies. This historic accomplishment is a direct result of our Park Master Plan and the efforts of the Parks and Recreation Board and City council. Mr. Browne commended the Board and the members of the Board who have served on the city/School Cooperative Committee. The Department has already begun working with BlSD on new programs. An alternative drawing to the preliminary drawing of the Richland High School Multi-Sports Complex was presented to the Board displaying the possible site of the TU Electric Substation located north of the property. Along with this substation, there is an utility easement that was designated for a parking lot which might not be available for parking due to changes in TU Electric's attitude towards the proposed use. Further discussion was held and no action was taken. ITEM 9: CITY EMPLOYEES FEE POLICY FOR USE OF RECREATION FITNESS CENTER The Board was asked to consider a proposal which would allow City employees usage of the fitness center at resident rates. Currently, residents pay $28 per year and non-residents pay $80 per year. Library services, with City Council approval, implemented a similar policy allowing City employees full use of the Library based on resident status. The city employee use of the fitness center and gymnasium could promote healthier and more fit employees which would benefit the City. Discussion was held. Mr. Lambert made a motion to endorse this concept and recommend that City council approve this proposal. Mr. Davis seconded the motion. Vote was unanimous in favor of the motion. ITEM 10: PARK LAND DONATION STATUS REPORT At the September 28, 1992 city Council meeting, the Council agreed to accept the donation of 6 acres from Gary B. Starnes and 4.1 acres from Walter Wolff for park purposes. (Mr. starnes agreed to pay the tax debt on his property.) steps are being taken to transfer the property to the city. Parks & Recreation Board Minutes October 5, 1992 Page - 3 I \t I I I I I I I . I I I I I I I f I ITEM 15: DEPARTMENT REORGANIZATION INTO THE COMMUNITY SERVICES DEPARTMENT On September 28, 1992 Council approved the department reorganization to form the new Community Services Department. The Board was given a copy of the organizational chart and a list of employee promotions and vacant positions as of October 1, 1992. Discussion was held. ITEM 16: PARKS AND PUBLIC GROUNDS MAINTENANCE DIVISION REPORT Mr. Giacomarro gave the following report: Parks Maintenance Division Richfield Park: Two extra handicap parking signs were installed, a partition was placed in the men's restroom, and a wooden storage building was erected. Northfield Park: A sand volleyball court is being enlarged and a water fountain will be installed near the gazebo area. Fossil Creek Park: The expansion of ballfield #2 is near completion and winter maintenance has begun. Norich Park: Normal maintenance for this time of year. Public Grounds Maintenance Division On september 11, 1992, Mr. Hightshoe and the Public Grounds Division crew assisted 107 third graders plant trees into the North Ridge Elementary Tree Farm. Fall color plants will be planted in municipal landscaped areas. Twelve truck loads of mulch was received from a tree trimming service for stock. Plans are being drawn for the Bedford-Euless Road landscape project. This year's Christmas Tree will be a live 18-20 foot Afghan Pine. The tree will be picked up from a farm in Stephenville, Texas. ITEM 17: RECREATION/ATHLETICS AND SENIOR ADULT SERVICES REPORTS Ms. Walsh gave the following report: Recreation: The 1992 fall classes have begun. The 1992 2nd Annual Halloween "Boo Bash" will be held at North Hills Mallon October 31, 1992 from 6PM - 8PM. The 2nd Annual "Hot Rods, Apple Pie, and Baseball" event will be held at Northfield Park on October 17-18, 1992. Ms. Loftice, Recreation Superintendent, will Chair the NE Leadership beginning December, 1992. The North Texas Recreation Association held a meeting in Duncanville on Creative Playgrounds. Athletics: The fall basketball registration brought in 10 teams for the league. The Annual TAAF Meeting was held in September in Austin. Ms. Walsh was appointed as the State Commissioner for Men's "B" Softball. An NYSCA Clinician Training has been scheduled for October to certify YMCA and Tri-cities officials as clinicians. The Division co- sponsored a "Cerebral Palsy/Health Sound Sand Volleyball Tournament. Parks & Recreation Board Minutes October 5, 1992 Page - 5 I ~ r I I I I I I ~ I I I I I I ~ I I CITY OF NORTH RICHLAND HILLS BEAUTIFICATION COMMISSION september 15, 1992 MEMBERS IN ATTENDANCE Alice Scoma Patsy Tucker Marilyn with Jane Dunkelberg Billie Sommermeyer Deloris Pultz Emily Ward ALSO IN ATTENDANCE Tim Hightshoe, Parks & Recreation Dept. CALLED TO ORDER 7:02 PM by Ms. Scoma APPROVAL OF THE MINUTES Ms. Pultz made a motion to amend the minutes of the August 15, 1992 meeting with the following 9hanges: Delete Patsy Tucker from Members' In Attendance. Ms. Sommermeyer seconded the motion. Vote was unanimous in favor of the motion. ITEM 3: KEEP TEXAS BEAUTIFUL REPORT Ms. Dunkelberg updated the Commission on "Volunteer Environmental Monitoring system" water testing kits, approximately $120 per kit. Training would be available to those using the kits. Ms. Dunkelberg also informed the Commission on the Trinity River Awareness Day, river clean up and trash bash. The Keep Texas Beautiful signs will be ready around the middle of October, the state Highway Department will instruct where to have them placed. ITEM 4: ADOPT-A-SPOT REPORT Ms. with updated the Commission on the Adopt-A-Spot program. All signs are in place, no new inquiries or volunteers. Tecnol would like to have another sign. Mr. Hightshoe will check on prices for the Beautification Commission's logo on decals for the back of Adopt-A- spot signs. ITEM 5: CHRISTMAS TREE LIGHTING PROGRAM UPDATE Discussion was held on changing the date of the Christmas Tree Lighting Program from November 28, 1992 to December 1, 1992. Ms. Scoma made a motion to change the date of the Christmas Tree Lighting Ceremony to December 1, 1992, 7:00 p.m. Ms. Tucker seconded the motion. Vote was unanimous in favor of the motion. ITEM 6: UPDATE ON CITY ENTRY WAY SIGNS Ms. Tucker updated the Commission on the City Entry Way Signs. The Commission viewed pictures of various signs, pylons, posts, monuments and planters. Ms. Tucker will get prices on the monument and pylon styles. I ~ I I I I I I I . I I I I I I I f I CITY OF NORTH RICHLAND HILLS BEAUTIFICATION COMMISSION October 20, 1992 MEMBERS IN ATTENDANCE Alice Scoma Patsy Tucker Billie Sommermeyer Deloris Pultz Emily Ward MEMBERS NOT IN ATTENDANCE: Marilyn with Jane Dunkelberg ALSO IN ATTENDANCE Tim Hightshoe, Parks & Recreation Dept. CALLED TO ORDER 7:05 PM by Ms. Scoma APPROVAL OF THE MINUTES Ms. Sommermeyer made a motion to accept the minutes as submitted. Ms. Pultz seconded the motion. Vote was unanimous in favor of the motion. ITEM 3: DISCUSSION OF ELECTION OF OFFICERS It was brought to the Commission's attention that there is an anticipated policy change by Council on the appointments to boards and commissions. The change will be to make appointments in June instead of September of each year. The Commission was advised that the Parks and Recreation Board voted by acclamation to have the Chairperson and Vice Chairperson of the Board maintain their office until July, after appointments are made by council. The Parks and Recreation Board will then start holding their annual election of officers in July after council appointments are complete. Discussion was held. Mrs. Sommermeyer made a motion to proceed with the same action as the Parks and Recreation Board. Ms. Pultz seconded the motion. Vote was unanimous in favor of the motion. Discussion was also held on amending the By-Laws to reflect the change of election. Ms. Tucker made a motion to make an amendment to the By- Laws, Item 7., to reflect elections of Chairperson and Vice Chairperson to be held on the third Tuesday in July of each year. Ms. Pultz seconded the motion. Vote was unanimous in favor of the motion. ITEM 4: UPDATE ON CHRISTMAS TREE LIGHTING PROGRAM Ms. Scoma gave the following update: The Annual Christmas Tree Lighting Ceremony has been scheduled for Tuesday, December 1, 1992 at 7:00 PM. Ms. Linda Spurlock, City council Member, will be asked to emcee the ceremony. The Richland High School Rebellaire Choir will sing. Ms. Jo Ann Johnson, city council Member, will be asked to sing as well. A brass ensemble from Richland High School will provide the music. Further discussion was held. I -- I I I I I I I II I I I I I I I I- I ITEM 9: UPDATE ON CITY ENTRY WAYS SIGNS staff recommended that three to four designs be created to present to Council and have a landscape architect assist with the continuation of the design. Ms. Tucker was given several suggestions for designs. ITEM 10: STAFF REPORT Mr. Hightshoe gave the following report: 1. Beautification Commission staff Coordinator - staff is submitting an Informal Report to Council requesting to hire a part-time staff member to coordinate the Commission's many programs. Discussion was held. Ms. Pultz made a motion to have staff request a "staff coordinator" for 19.5 hours/week. Ms. Sommermeyer seconded the motion. Vote was unanimous in favor of the motion. 2. Water Bill Donations - On August 24, 1992 Council approved Resolution No. 92-41 specifying that effective April 1, 1993, the voluntary contribution to the "Park & Library Fund" will be designated as 50% to the Library, 30% to the Animal Shelter and 20% for general public improvements. These general public improvements also include landscaping and the establishment of focal points and gateways to the city. 3. Planting of the Christmas Tree - On October 12, 1992, the Public Grounds Division went to Stephenville, Texas and picked up the Christmas Tree. On October 13, 1992, the tree was planted in the west parking lot of the community Center Complex. 4. Miscellaneous Activities and Events - A. 1992 Halloween "Boo Bash" - North Hills Mall, 6PM - 8PM, an safe alternative to trick or treating. B. American Planners Association awarded the North Richland Hills Parks, Recreation, and Open Space Master Plan its second award. C. Other Items of Interest - 1. Costs for the decals for the back of the "Adopt-a-Spot" signs were provided as follows: size: 4-1/2" x 5" 500 decals at $.96 each 1000 decals at $.54 each = $480.00 = $540.00 2. "operation Baby Greenfields" of Illinois - Information was provided about the fundraiser program to aid in planting a variety of trees on public grounds. Beautification commission Minutes October 20,1992 Page - 3 I CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/23/92 Department: -SUbject: Source of Funds: Bonds (GO/Rev.) ~perating Budget _ ....,ther J - í3~bß~ ~epartment Head Signature CITY COUNCIL ACTION ITEM _ . Council Meeting Date: PS 92-22 Public Hearing to consider the Kequesc of the Ci ty ur l'1uL Ll! RiclJ.land IIilltwenda Number: for a Replat of Lots 1 and 32, Block G, Richland Oaks Addition. This property is located along Bedford-Euless Road, between Nevada Trail and Eldorado Drive. The City of North Richland Hills has purchased several lots along the north side of Bedford-Euless Road for purposes of widening the Collector Street to a five lane facility. Two of the lots are being replatted to provide for additional right-of-way dedication with the balance of the two lots remaining with the existing homes. The two homes will be occupied as single family residential units. The extra 30 feet of right-of-way being taken will push the twenty foot side-yard building line back past the foundation on one of the homes by 2.8 feet. The location of the foundation has been shown on the plat to acknowledge the II non-conformity II which will be approved with the approval of the Replat. This procedure will prevent the need for future owners of the home from having to obtain a side yard variance from the Board of Adjustment. The Planning and Zoning Commission considered this Replat at their October 22nd meeting and approved the Replat as presented. RECOMM:ENDATION: It is recommended that the City Council hold the required public hearing and approve the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available ~ g2ì I!. '//f¡. .~ I City 'M ager . Finance Director Page 1 of I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 6 22 October 92 r. Baxter asked what the width of the easement is at the north end of property. Mr. . chell there is at least thirty feet of easements. one fifteen foot was requir by the utility companies. Mr. Baxte tated the screening requirements sound simitar to the discussions ently concerning Vehicle Storage Facilities. He stated it is possible to ick fairly close to the 60% coverage on this fence as well. Mr. LeBaron stat the ordinance also requires a greenbelt between these properties as ell, in addition to the screening. Mr. Baxter asked what idth of greenbelt is required. Mr. LeBaron stated it varie rom five to ten feet depending on whether it is a rear or side property line. e stated it would depend upon the placement of the buildings on t lot. and the determination would be made at the time of the building rmit application. Mr. Miller asked how tall the fence w Id need to be in the line of sight from the residence to the commercial ldings. Chairman Brock stated that he didn1 think motion was needed to stipulate the height of the fence. He stated t should be left to the Council. He stated they have more informatio than the Commission. Mr. Baxter stated he is concerned about the prec allowing very tall chain link fences. Mr. Barfield made the motion to approve PS 92-23, su 'ect to engineer1s comments. Mr. Barfield stated for the record that consi ration of curb cuts be given to keep headlights from shining into homes ross the street, that an architecturally pleasing facade along Strumm Drive be adhered to. and that an agreeable fencing arrangement be w ad out with Mr. Greenwald. Mr. Lueck seconded the motion, and the motion carried 7-0. 2. PS 92-22 Public Hearing to consider the request of the City of North Richland Hills for a Replat of Lots 1 and 32, Block G, Richland Oaks Addition. This property is located along Bedford Euless Road, between Nevada Trail and Eldorado Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak in favor of the request to come forward. Mr. LeBaron stated these are two lots that were purchased by the City as part of the widening of Bedford Euless Road. He stated this replat is being made essentially for the purpose of dedicating an extra thirty feet of right-of-way. He stated that one of the houses encroaches the building line by 2.8 feet, and that Commission approval will essentially give the variance that the Board of Adjustment would be giving. He stated the Commission would be acknowledging them and recognizing them, and it will avoid any confusion on future loan closings on this property. I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 7 22 October 92 Chairman Brock called for those wishing to speak in opposition to the request to come forward. There being none, he closed the Public Hearing. Mr. Bowen made the motion to approve PS 92-22. The motion was seconded by Mr. Miller, and the motion carried 7-0. 3. PZ 92-33 Public Hearing to consider the request of Springday Properties to r Lot 1, Block 6, Snow Heights North Addition from its present zoni classification of C-1 Commercial to C-2 Commercial. This prop y is located on the east side of Rufe Snow Drive, between Lewis D e and Meadow Crest Drive. Chairman Brock opened the Public Hearing and called for to speak in favor of the request to come forward. Mr. Baron Klofenstein, 7701 Ridgeway Ct, came forwa to speak. He stated he was representing Discount Signs, a tenant i the shopping center. He stated the issue came up when he appli for a Certificate of Occupancy. He stated the shopping center is the y one nearby that is zoned C-1. He stated they are here to make thin proper in the eyes of the City. Chairman Brock asked Mr. Klofenstein exactl~ Mr. Klofenstein stated they are a vinyl sign apply vinyl to different types of material. or chemicals in the business. mpany. He stated they stated there is no fabrication Mr. Wilson asked if they were going t e fabricating 4x8 signs. Mr. Klofenstein stated not in that I north side of Ft. Worth they are I store front location. tion. He stated there is one in the ing at. He stated this is basically a Mr. Wilson asked what type 0 uipment is in the shop. Mr. Klofenstein stated the~ ave some computers that cut vinyl. He stated there is no chemic s involved in the process. Mr. Wilson asked if ev hing is assembled inside the shop. Mr. Ken Cook, Cook stated t stated they work for th them to d ner of Discount Signs, came forward to speak. Mr. do some 4x8 signs, but they only apply vinyl to it. He ved into the shopping center because they do a lot of . He thanked Mr. Pence and Mr. Husband for allowing hat they have been able to do. Mr. WiI n asked Mr. Cook if he had a business at a location near the curre one. Mr oak stated yes, at the Kroger Shopping Center. He stated they ran o of space at that location. He stated they are concentrating on ools, churches, an I II _ I I I I I I I I_ I I I I I I I Ie I City of orth Richland Hills September 25, 1992 Ref: PWM 92-068 MEMO TO: Planning and Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Director of Public Works SUBJECT: PS92-22; RICHLAND OAKS ADDITION; Block G, Lots 1 R & 32R; Replat I have reviewed the subject documents submitted to this office on September 8 and offer the following comments. 1. The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. This plat should therefor include the NAD83 Texas State Plane Coordinates for at least two property corners. The coordinates should be determined by a survey tied to the City's GPS monuments. 2. The bearing and distance for the new right-of-way line needs to be clearly shown. 3. The title block should be revised as shown. 4. The telephone numbers for the Owner (581-5500) should be added to the Plat. 5. The appropriate signatures should be added to the Owner's Acknowledgment and Dedication. In addition the Surveyor's seal and signature should be added to the plat. 6. The street intersections will require Sidewalk and Utility Easements as defined in the Design Manual. The easements should be clearly indicated. 7. Building Setback lines should be added for the lots adjacent to this plat. These lots are currently zoned R-1 which requires 20 foot side building lines. This may cause a building encroachment on lot 1 R. The actual buildings need to be located on a topographical exhibit. 8. Lot 1 R fronts on both Bedford Euless Road and Eldorado Drive. Access is currently from Bedford Euless Road. Since this is a minor Arterial, a request has been made (817) 581-5500 · P.o. BOX 820lOI · NORTH RICHLAND HILLS, TEXAS 71112 I Ie I I I I I I I Ie I I I I I I I Ie I PWM 92-068 Page 2 September 25, 1992 to move the driveway approach to Eldorado Drive. Both locations are noncompliant, however Public Works would prefer the access to come from a residential street. 80th access' should not be allowed simultaneously, either now or in the future. A note to this affect needs to be added to the plat. 9. The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks need to be added to the construction plans. 10. The Master Drainage Plan does not indicate the need for additional drainage improvements. Calculations were performed with the design of Bedford Euless Road. ~~~L /Kevin B. Miller, P.E. ~ Assistant Director of Public Works cc: Greg W. Dickens, P.E., Director of Public Works/Utilities Barry LeBaron, Director of Community Development e CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/23/92 ~ Council Meeting Date: Request of Redbud Capital Inc. for Final plat. of woodland TerIace. Tlli~ lJ.Lopel: ty i~genda Number: located on the west side of Precinct Line Road, just south of Nob Hill Drive. PS 92-29 Redbud Capital has submitted a Final Plat of a 6.427 acre tract of land located on the west side of Precinct Line Road, south of the Woodland Oaks subdivision. This plat is the Woodland Terrace Addition. The preliminary plat of this addition was approved by the Planning and Zoning Commission on August 13, 1992. The property is zoned R-2 Single Family Residential and all lots meet the minimum criteria of this zoning district. This property is adjacent to Precinct Line Road which is proposed for widening by the Texas Department of Transportation. Additional right- of-way has been included with the proposed plat. All water, sewer, street and drainage facilities will be installed at the owner1s expense. During the review of the Final Plat by the Planning and Zoning Commission, the following comments were recommended for consideration: * The developer will be required to escrow sufficient funds to cover the costs associated with the future sidewalk construction. The developer has agreed to escrow these funds with the City (approximately $8.00 per linear foot). * The developer has agreed to slgn a covenant to cover the costs of relocating an existing six inch water line along Precinct Line Road and have the covenant run for seven years on the two lots fronting on Precinct Line Road. The developer has agreed to all engineering comments. This Final Plat was considered at the Planning and Zoning Commission at their November 12th meeting and recommended approval as presented and with the above additional comments. RECO~ENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) e Operating Budget - Othe~~~~ -£fl~ Depa ent Head Signature ' City Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Olfector Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I P Z Minutes - Page 2 12 November 92 p blems with those~ but it would be foolish to continue to add sewer lin that cause problems with the City. Mr. ody stated he agreed completely. He stated that at some point, a chang 's necessary in order to not create new problems. He stated the problem ould have to be worked out between City Staff and Mr. Perkins. r. Moody stated the Commission is not qualified to make a decision on at particular point. Mr. Perkins st ad that the line is in, and that adding another line would not do much g for the City. He stated that an additional line would increase the cost the developer. He requested that this plat be postponed from se ing it to Council until something could be worked out with staff. Vice-Chairman Barfield before Thanksgiving. Mr. LeBaron stated that the mmission might want to schedule a special meeting the Tuesday tj fore Thanksgiving since there are a number of projects in the mill. stated otherwise, the next meeting would not be until the second Th day in December. Mr. Perkins asked if this would go 0 0 Council before the next Commission meeting. Mr. LeBaron stated if the issue is resolv here, it would go straight on to Council. Vice-Chairman Barfield stated they would b lad to table it if Mr. Perkins wanted to bring it back up at the next ommission meeting. Mr. Perkins stated that if they made a recomme problem with City Staff~ then it would not need to Commission. Mr. Perkins stated whatever recommendation made to 'ght is fine, as long as he has time to work out a compromise with the . y Staff on that issue, and as long as the plat did not go to Council earlier an December 14th. Mr. Wilson made the motion to approve PS 92-17 subject to e ineering comments: that the side building line on Lot 32 of Block 2 be ch ged to 20-feet: and that an agreement between City Staff and develope e reached on the sewer line before the plat goes to City Council. Th motion was seconded b Mr. Bowe otion carried 6-0. 2. PS 92-29 Request of Redbud Capital Inc. for a Final Plat of Woodland Terrace. This property is located on the west side of Precinct Line Road, just south of Nab Hill Drive. Mr. Dick Perkins, of Teague, Nail and Perkins, 915 Florence Street, Ft. Worth~ came forward to speak. He stated he was here to answer any questions the Commission might have. I Ie I I I I I I I -- I I I I I I Ie I I PZ Minutes - Page 3 12 November 92 Vice-Chairman Barfield stated there are two items that need to be addressed: the sidewalk along Precinct Line Road, and the water line that would need to be relocated if Precinct Line Road is widened. He stated in the first meeting, they determined that the water line was installed according to the way that Precinct Line Road was designed several years ago. He stated the water line is now in the wrong location. Vice-Chairman Barfield stated rather than move the line now, the developer agreed to either escrow funds or sign a covenant. He stated City Staff has recommended that the covenant apply to all lots, but the developer has requested that the covenant only affect the two corner lots. Mr. Wilson asked if the sidewalk were built now, would it connect to the north or the south. Mr. Perkins stated that the sidewalk would not connect to the one on the north. and the property to the south is currently undeveloped. Vice-Chairman Barfield stated that if the sidewalk were put in now. when Precinct Line Road is widened. the sidewalk would be removed. He stated it would probably be a waste of money at this time. He stated they would be better served if funds were escrowed for the sidewalk. He stated it is his opinion that if the covenant for the water line is tied to all lots, it would be a nightmare every time title changed hands. He stated if it applies to the two end lots, it puts the burden on the developer to clear the covenant when he sell those two lots. Mr. Wilson asked if the covenant is tied to the two end lots, will it make those two lots more expensive and difficult to sell. Mr. Perkins stated that the two end lots probably would not be as expensive as some of the ones at the back of the subdivision. He stated the development costs would probably be spread out over aU the lots. Vice-Chairman Barfield asked Mr. Perkins if he was agreeable to escrow the funds for the sidewalk, and to sign a covenant for the water line on the two end lots. Mr. Perkins stated his preference would be for the covenant to apply to the two end lots, and that the covenant run for 5-7 years due to the improvements on Precinct Line Road. Mr. Perkins made some general comments about how other cities handle sidewalks next to masonry walls. Mr. Bowen made the motion to approve PS 92-29 with the following stipulations: that the water line covenant be against the two end lots and extend for seven years, and that the developer escrow funds for the sidewalk. The motion was seconded by Mr. Moody, and the motion carried 6-0. Vice-Chairman Barfield stated there is a microphone problem at the center podium, and that anyone wishing to speak should use the one over on the right side of the Commission. I Ie I I I I I I I -- I I I I I I Ie I I City of orth Richland Hills October 21, 1992 Ref: PWM 92-074 MEMO TO: Planning and Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Director of Public Works SUBJECT: PS 92-29; WOODLAND TERRACE; Block 1, Lots 1-24; Final Plat and Construction Plans I have reviewed the subject documents submitted to this office on September 28 and offer the following comrnents. 1 . The title block should be revised as shown. 2. The appropriate signatures should be added to the Owner's Acknowledgment and Dedication. In addition the Surveyor's signature needs to be added to the plat. 3. The attached easement dedication needs to be incorporated into the closing paragraph after the Metes and Bounds description. 4. The water line serving this subdivision needs to be connected to the existing water line from the west. The easement adjacent to Lot 1 2 needs to be increased to 20 feet. This will allow the water and sewer lines to share the same easement. 5. This addition is not currently defined by block number. The phrase, "BLOCK 1" needs to be added to the plat. 6. The Zoning Ordinance requires sidewalks adjacent to all public streets. Sidewalks not adjacent to masonry walls may be constructed with the improvement of each individual lot. Precinct Line Road is classified as an Arterial thoroughfare. The current Zoning Ordinance requires a masonry wall along arterial streets. The masonry wall will be required as a part of the construction documents. The sidewalk adjacent to the wall must be constructed as the wall is constructed. 7. The masonry wall may create a sight barrier. This needs to be considered as a part of the construction plans. An appropriate distance from Winslow Court must be maintained to provide safe egress from the subdivision. This will most likely require a greater visibility easement than currently provided. (817) 581-5500 · P.o. BOX 820801 · NORTH RICH LAND HillS, TEXAS 78112 I Ie I I I I I I I Ie I I I I I I Ie I I PWM-92-074 Page 2 October 21, 1992 8. Street Lighting is required by section 1-06 of the Design Manual. Additional street lights required by current ordinances need to be coordinated with Public Works and TU Electric. A street lighting plan must be submitted and approved by the City. A copy of the signed agreement with TU Electric must be received by Public Works prior to the City accepting the construction. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. 9. The Public Works Department requested that the 12 inch water line be relocated during the Preliminary Plat review. The Planning and Zoning Commission previously elected to allow the Developer to sign a covenant for a portion of the cost to relocate the 12 inch water line. Public Works is not opposed to the covenant. Public Works strongly recommends that the covenant encumber illllots in the subdivision. If the money were to be escrowed, the cost would be equitably applied by the Developer to all lots. In addition, the Planning and Zoning Commission recommended that the covenant be limited to 5 years. The City has not previously limited covenants to a specific period of time. It would appear that if a Developer is responsible for improvements, that responsibility should not diminish over time. 10. There are comments regarding the engineering and construction plans which have been recorded on a set of blueline construction plans. The plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines should be returned with the next submittal. ~;Z5~ /Kevin B. Miller, P.E. Assistant Director of Public Works cc: Greg W. Dickens, P.E., Director of Public Works/Utilities Barry LeBaron, Director of Community Development I Ie I I I I I I I Ie I I I I I I Ie I I 214 254-1765 Metro 214 251-1627 J.wÐ TEAGUE NALL AND PERKINS t~~c CON S U L TIN G E N GIN E E R S November 5, 1992 Mr. Barry LeBaron Director of Planning City of North Richland Hills North Richland Hills, TX 76180 RE: PS 92-29; Woodland Terrace Final Plat TNP File No. PET92129 Dear Barry: We have received Kevin Miller's review dated October 21, 1992 of the Final Plat for the above referenced subdivision. Generally, we will comply with the comments in the letter. The plat has been revised to reflect the needed changes and 18 copies accompany this letter to you. The construction plans are in the process of being revised and will be forwarded when they are complete. Our specific response to the comments are as follows: 1. The title block has been revised as requested. 2. The signatures will be added to the plat as required. 3. The easement language has been incorporated into the dedication. 4. The plans will be revised to show connection of the water line to the existing line to the west. 5. "Block 1" has been added to the plat. 6. A masonry wall will be added to the construction plans. We note, however, that Precinct Line Road will be reconstructed relatively soon, and since our sidewalk will not connect to sidewalks either to the north or the south, it is requested that the requirement to construct the sidewalk along Precinct Line Road be waived. ~ 7. A 20 foot by 60 foot sight easement has been added to the plans to allow for construction of the masonry wall in such a way as to provide for greater visibility along Precinct Line Road. Irving 220 W. Irving Blvd., Ste. 2 . Fort Worth Irving, Texas 75060 . I' Ie I I I I I I I Ie I I I I I I Ie I I Mr. Barry LeBaron City of North Rich. ld Hills Woodland Terrace November 5, 1992 Page 2 8. A street lighting plan will be provided. 9. No comment required. Our client is prepared to execute the covenant upon receipt of a standard form from the city. Also, ~ based on Planning and Zoning's recommendation, we would respectfully request that the covenant be limited to five years. 10. The construction plans will be revised to reflect the comments noted on the red-line mark ups from Mr. Miller. Based on the above, we request approval of the plat subject to the noted revisions to the construction plans. We also request a waiver of the requirement to construct the sidewalk on Precinct Line Road. Should you have any questions, please contact this office at your earliest convenience. Sincerely, Teague, NaIl and Perkins, Inc. Richard W. DeOtte RWD/KFS ~~ ~cJ') WALTER ~'~d I ~ ^ ~ _ r -'"T~-" J1""v . ..~r R ~I~~"i ~ ~~"(~ 1~73 \ R'~l ;~~-l ~:'-a' (~ .l ~~ ~ ~ ~m1- 1^!J~r--"'V .\. '-ÆV ~ . L" :J - IF , ~'y , .1 _ I " 0 ,.. ~~ .i ~~..... Nn _~I ~ U'fTL:] tt,. Y ... J;J' I · j!L~ I""" "':...J "..~f.~~:...T' ...._~~ I I r..... !-- _If ----... K ~ ~ I~'~ "\AIt~ nR ~ 1- -'I 'I~U~~ ^' ~ ~ 'I, r I 1"1'''' "'~~ J~\U 1_ r ~"I SOtTH ~;D~æ: ~~ ~=;=' \~/ ìt!¡a'" 1= ~ I I \ II=---~ ~ -J~ -(~~ VAN NESS --' o 4 - ~ ~ J \\ 6 C _r- ..J~ -, -o~ J ~\v ..J ::) ~ u.. I'" "'~Y' x: c:~~~ ~ o~ ~ 1~f\4 \ u~~ .,. ~~___ ~ ~ Lv \/ ~þ,~.. ...' ¡).1-- ~ LOMBARL!1ST. I~ 1 ! II I r VALLEY VIEW I~ ~~. I I LtJ \~ .. 19r > .. r w- I~R QR ~ .- --:-ï <t lIt.V.L.. 11 ~ '" = '~O~ >- tJ.~' <-- ~- -- ..~-2 i~ -~!~J <-- a- = ~' t~ ~ ~ _ ~ .... I I j\. _:. ~ ¡v¡:: ~ 0 A [) . oc:;~ I I I I I I ~- I Ie <t I I! - Ar R-2. A-G C-I 1387 ,,=, ~~~ ~(, o ~~ \ . ~" c; ----- .fj~' R -I o(.~!/-"f- ø~ . --~ ---- ~ R .. 2 ,........- I ~ I~" C; -, ,1" t-~ o(.~" & a.':! ~ tr, ()yo- ::! - ~ ~ ~ --- "- ~ ~., r ~ AG 41!1 --- ,...-.-~ .- -.. . --- I -I 1524 C-2 1639 ---.----. -- ~ ~~ - - I . t .~ ..... - " . ~ .. ~1:d . ,. ---:;~ ~ .-- P512.-24 CITY OF NORTH RICHLAND HILLS Department: _Ubject: Planning and Inspections Council Meeting Date: 11/23/92 Request of Pace Membership Warehouse tor a Replat ot Lots lH. and 2R, :Blue1\. A, Agenda Number: Richland Oaks Addition. This property is located at 8561 Airport Freeway. PS 92-30 Pace Membership Warehouse, Inc. is the owner of a 13.94 acre tract of land located near the intersection of Airport Freeway and Oakridge Terrace. The property consists of two platted lots, one of which is the location of the Pace Membership Warehouse facility. The owner of the property has submitted a request to replat the property to accommodate a better "pad sitell arrangement fronting on Airport Freeway for a restaurant. No additional water, street or drainage improvements will be required as a result of this replat. The Planning and Zoning Commission considered this Replat at their November 12th meeting and approved the Replat as presented. There were no additional comments offered by the Planning and Zoning Commission. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) egf;¡)ng Budget ~_ -O<I~U- --t3G ~_ Depa;;~ t Head Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available w . Finance Director ~ Page 1 of I Ie I I I I I I I -- I I I I I I I Ie I PZ Minutes - Page 4 12 November 92 3. PS 92-30 Request of Herman Smith & Co. and Pace Membership Warehouse for a Replat of Lots 1 Rand 2R, Block A, Richland Oaks Addition. This property is located at 8561 Airport Freeway. Vice-Chairman Barfield stated that there are a few changes in the property lines, and this replat will clean those up. Mr. Terry Mitchell, P.E., with Carter and Burgess, Dallas, came forward to speak. He stated that he is representing Pace at this meeting. He stated that Herman Smith had owned a small strip ot right-at-way that has recently been dedicated to the Highway Department. so the only owner involved in this replat is Pace. Vice-Chairman Barfield asked if that is noted on the plat. Mr. Mitchell stated yes, that Mr. Smith1s sign-off blocks have been removed from the plat. Vice-Chairman Barfield asked Mr. LeBaron if there was anything else on this plat that needed to be addressed. Mr. LeBaron stated no. He stated it is a very clean replat. and the engineer1s have no comments on it. Mr. Moody made the motion to approve PS 92-30. The motion was seconded by Mr. Baxter, and the motion carried 6-0. 4. PS 92-34 Request of First American Savings Bane and Richland Hills Churc Christ for a Replat of Lot 17, Block 20, Snow Heights Addition. IS property is located on the south side of Northeast Loop 820, st of Vance Road. Mr. Dick Blackard, ot Warren E. Hagan Engineering, 0 Grapevine Highway, Hurst, came forward to represent the ow rs. Vice-Chairman Barfield stated there are sever things that need to be noted. He stated a 24-toot access easeme should be added across the front of the property since there will b only one entrance off of the service road. He stated the original sf lations concerning the rezoning of this property should be noted on e plat. He asked Mr. LeBaron if there was anything else concerni this replat. Mr. LeBaron stated no. Vice-Chairman Barfield ked Mr. Blackard if he had any problem with those stipulations. Mr. Blackard sta they were not aware at those, and had shown drive approaches 0 e other two lots on the site plan that was submitted. He asked if brick wall should be noted on the plat. I Ie I I I I I I I -- I I I I I I I Ie I (7 =j CARTER & BURGESS INC. L:JL = ENGINEERS · PLANNERS · SURVEYORS November 5, 1992 City of North Richland Hills P. O. Box 820609 North Richland Hills, Texas 76182 Attn.: Mr. Barry LeBaron RE: PS 92-30 Replat of Richland Oaks Addition Lots lR and 2R, Block A Dear Barry: We have received Kevin Miller's comments dated October 26, 1992 and respond as follows: 1. The "amended" plat was revised to a "replat". The calls were revised and phantom lines removed. 2. The title block was revised. 3. Signatures and seals will be added prior to the plat being filed. 4. The 25-foot front building line was added. 5. The franchise utility easements along 121 remain, however, as discussed with Kevin, a sanitary sewer and waterline easement will be filed by separate instrument prior to this plat being fùed. 6. The highway department dedication was added. 7. Informational in nature. 8. Informational in nature. 9. The marked changes were made. Enclosed is the filing fee of $241.78, eighteen bluelines and Kevin's markup set of drawings. Please place us on next week's Planning and Zoning Commission agenda. Sincerely, CARTER & BURGESS, INC. ,./__!, ~/ +.! /(,'1 -A- '"--;:r " v l}.-f V -<-<..<...¿ t. Terry W. Mitchell, P.E. Associate EncI. CC: Mr. Mike Todd TWM:kaa 91315203.L02 7950 ELM8ROOk DR.lSTE 250/DALLAS, IX 75247-4951/(214) 638-0145 DALLAS · FORT WORTH · HOUSTON · ARLINGTON · AUSTIN, TEXAS FORT MYERS, FLORIDA I I I I I I - I I I I I I I ~ City of orth Richland Hills October 26, 1992 Ref: PWM 92-076 'MEMO TO: Planning & Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Director of Public Works SUBJECT: PS 92-30; RICHLAND OAKS ADDITION; Lots 1 R & 2R, Block A; Replat I have reviewed the subject documents submitted to this ottice on October 5, 1992, and' offer the tollowing comments. 1 · The' plat needs to be revised as a replat rather than an amended plat. This means that the dedication, calls and phantom lines need to be revised. 2. The title block should be revised as shown. 3. The appropriate signatures should be added to the owner's acknowledgment and dedication. In addition the surveyor's seal and signature should be added to the plat. 4. The 25 foot front building setback lines need to be added to the plat. 5. All utility easements required along the State highway right-at-way need to be . dedicated by separate instrument with the filing information shown on the plat. 6. The Texas Department of Transportation (TDOT) has presented the City with an exhibit which indicates the need for a right-of-way dedication along the southern portion of Lots 1 Rand 2R. The City does not normally require the dedication of right-of-way for TDOT unless we have been presented with the necessary documents prior to a plat submittal. The TDOT is currently obtaining right-at-way tor the upcoming interchange project. Since the process ot right-of-way acquisition has begun and the City has received the required parcel map, it appears that the City should now require the necessary dedication. (117) 111.uoo · P.o. BOX 120lOI · NORTH RlCHLAND HILLS, TEXAS 71112 y I I I I I I I - I I I I I I I , I PWM 92-076 October 26, 1992 Page Two 7. The Zoning Ordinance requires sidewalks adjacent to all public streets. Sidewalks not adjacent to masonry walls may be constructed with the improvement of each individual lot. 8. Due to the minimum driveway and street entrance spacing allowed on arterial streets, only one driveway approach will be allowed along State Highway 1 21. The driveway must be located within the 37 foot access easement. This approach (existing) will require a TDOT permit if revised in the future. 9. There are easements on this plat which are inadequately defined as to the beginning and ending points. There are other drafting revisions which have been noted on the drawing. These changes need to be made and the corrected plat submitted to Public Works for further review. The marked-up blue lines need to be returned with the next submittal. ~~ ß ~~~ r KBM/smm cc: Gregory W. Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services r;-,¡, f ..;; -lïiiiiia W ~ ,Q III ~ ;:: :: ~ -.-J. l~~µ' t: . , I-~ ... iI j I~ '~', .. ~~~: - f ~ ~. · e-~ i (:~~·~t ----- ROI. i r r,14U I r.~1 i ;-----i I ¡ j _____ ~ - T~ .""'....----. I I ~ I -----, I 1. ~r I -,JT ~ 4 - ~--- T- T \ '---- --~ 1 ~ ~ /)/l, ¡, f ~. Lie ~ \~~ ì 1 ~. r--- >--- >---' j ~ " ~.~ >-- - >--- ~/1 ~ :-. €~ >-t--Þ >-- Lo~ lR. y ~~ ~ - I :1',' ... ~Þ-- ~ ~ 2R ª : I--Þ-- ~I-- ¡ .) ~~ -- ~~ ~ B A r---. , -. r ~ _ ~ ~ . I L.OC.K I ~ I ~ 1:- Þ-:=:= :=1--1 '__ / ~ ,~~ ~. " ~' I---- -1irr1 ~ _ Þ=m.J~I~~!~ IRB -.- .. - '~ ~-- --1 ~ --r --~ ~ -- - --~ -, ' · ..4III"I~ll ~ . ¡I ~ t", -... .. - ~... ~ . . \ 1 ¡ 1 , , . r "'-:'( I- ~ ~. ' - ~ I 1..1. )-.. ~ . ! ~ j--' :, /' '. / ... I ~ .. . - ~ -I ~.~1-= ~" '''','t.,: i; ~ ~rJ ~ , ! I _ S\\-, 2' ''-'"'''''' ....,..... t T I ~. ou..,. I \ ----- .---- ---- - ~-=:--- tIOTQIt ,.. M U ~ ..~ II~ : I--Il cc : ..II.~,.1 .. __ ..R I _ I" I 1 Ir--~ =tj '. 11'-.... -Ci I-II r ~. I ~w¡¡ =~..-' ..... 1..f---1-~ · · r--'f~ =~ ~ ... 1I......!nJ -~ -~ ~ ~Ir¡; i :::= =:= 5 III...~ -~ -~ --J H -- -~ ---1 11mL-J =: ¡.,:J I~ ;>-- ..' ~ . IICD- tI~~ ~~~'- ~ : .' e ...~ 1_- ___1___ ps 92-30 .... ~ .... I :c: V)_ 1 I I ~rth 1ticWand I Is CITY OF NORTH RICHLAND HILLS Planning and Inspections 11/23/92 Department: -SUbject: . Council Meeting Date: Request of First American Savings and Rlchland H1J.J.S church of Chri~t Agenda Number: for a Replat of Lot 17, Block 20, Snow Heights Addition. This property is located on the south side of Northeast Loop 820, east of Vance Road. PS 92-34 First American Savings Banc and the Richland Hills Church of Christ are the owners of a 1.546 acres tract of land in the Snow Heights Addition. This tract of land is located between the North Richland Hills Library and the Larry Arnold State Farm Insurance Office on the south side of Loop 820. The proposed Replat will divide the property into three commercial building sites. * No water, sewer, street or drainage facilities are required as a result of this Replat. * Engineering comments are minor in nature dealing with technical notes. The Developer has agreed to all engineering comments. The Planning and Zoning Commission considered this Replat at their November 12th meeting and approved the Replat as presented. There were no additional comments offered by the Planning and Zoning Commission. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) _ Operating Budget ., Other Finance Review Acct. Number Sufficient Funds Available I - R!Jø::~ , . City Manager CITY COUNCIL ACTION ITEM . Finance DIrector Page 1 of I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 4 12 November 92 3. PS 92-30 uest of Herman Smith & Co. and Pace Membership Warehouse for a Re t of Lots 1 Rand 2R, Block A, Richland Oaks Addition. This prope is located at 8561 Airport Freeway. Vice-Chairma arfield stated that there are a few changes in the property lines, a this replat will clean those up. Mr. Terry Mitchell, P. . with Carter and Burgess, Dallas, came forward to speak. He stated that is representing Pace at this meeting. He stated that Herman Smith tì owned a small strip of right-ot-way that has recently been dedicated t e Highway Department, so the only owner involved in this replat is P Vice-Chairman Barfield asked if that is Mr. Mitchell stated yes, that Mr. Smith's sig removed from the plat. Vice-Chairman Barfield asked Mr. LeBaron if there this plat that needed to be addressed. Mr. LeBaron stated no. He stated it is a very clean replat, engineer1s have no comments on it. Mr. Moody made the motion to approve PS 92-30. The motion w seconded by Mr. Baxter, and the motion carried 6-0. 4. PS 92-34 Request of First American Savings Bane and Richland Hills Church of Christ for a Replat of Lot 17, Block 20, Snow Heights Addition. This property is located on the south side of Northeast Loop 820, east of Vance Road. Mr. Dick Blackard, of Warren E. Hagan Engineering, 500 Grapevine Highway, Hurst, came forward to represent the owners. Vice-Chairman Barfield stated there are several things that need to be noted. He stated a 24-foot access easement should be added across the front of the property since there will be only one entrance off of the service road. He stated the original stipulations concerning the rezoning of this property should be noted on the plat. He asked Mr. LeBaron if there was anything else concerning this replat. Mr. LeBaron stated no. Vice-Chairman Barfield asked Mr. Blackard if he had any problem with those stipulations. Mr. Blackard stated they were not aware of those, and had shown drive approaches on the other two lots on the site plan that was submitted. He asked if the brick wall should be noted on the plat. Vice-Chairman Barfield stated that Staff asked that it be noted that the zoning requires a six foot masonry wall. Mr. Blackard stated the site plan they subm~ed covers those issues. I Ie I I I I I I I . I I I I I I I Ie I PZ Minutes - Page 5 12 November 92 Mr. LeBaron stated there are policies regarding access from collector streets. and that the developer and himself should get with Greg Dickens to work out any conflicts that may come up before this replat goes to City Council. He stated the other comments were stipulated in the zoning, and they do not need to be replicated on the plat. He stated they were there for informational purposes. Vice-Chairman Barfield stated that the access across the front of the property and access from the frontage road should be resolved before the plat goes to Council. Mr. Wilson made the motion to approve PS 92-34 with the stipulation that an agreement is worked out with City Staff concerning public access to this property. The motion was seconded by Mr. Bowen, and the motion carried 6-0. 5. PS 92-35 Request of Rute Snow/Loop 820 for a Final Plat of Lot 9, Block 4, T Addition. This property is located at the northwest corner of Rufe ow Drive and NE Loop 820. Vice-Chairman Barfield stated that this is an out-parcel that i 00 small to build anything on. He stated it will probably be used for nage and landscaping. He stated it is currently unplatted, and this' basically a housekeeping issue. He stated that the engineer1s had 0 comments on this plat. Mr. Baxter made the motion to approve PS 92-35 s presented. The motion was seconded by Mr. Moody, and the m Ion carried 6-0. 6. PZ 92-36 Public Hearing to consider the request of CI de Byrd to rezone Lot 6, Block 23, Clearview Addition from its pres t zoning classification of R-2 Single Family Residential to C-2 Comme ial. This property is located at 7920 Maplewood Avenue. Vice-Chairman Barfield opened the ublic Hearing and called for those wishing to speak in favor of the r uest to come forward at this time. Ms. Myrtis Byrd, 7924 Maple Avenue, came forward to speak. She stated she is seeking the za ng change in order to have the zoning consistent with Byrd's Aut otive. She stated the property is being used to park cars, and that is it can really be used for. Ms. Byrd presented pictures taken before ä after the improvements to the lot were made. She stated they hav Ived here since 1951. She stated they stress image at their plac f business. She stated she would answer any questions the Co ission might have. Ms. Byrd how long they have been at that location. Ms. Byrd s ed since 1971. She stated it was zoned commercial when they bou the property. Mr. Bo en asked if there was a sight-barring fence along the back prop y line. Byrd stated there is across part of it. ces. I Ie I I I I I I I -- I I I I I I I I_ I WARREN E. HAGA^ Land Development Consultant November 9, 1992 Gregory W. Dickens, P.E. Director of Public Works P.O. Box 820609 North Richland Hills, Texas 76182 Reference: Site Plan and Replat PS 92-34 We have reviewed your comments of November 5, and attach here with revised plans addressing items three thru seven. Find enclosed your marked-up bluelines as requested in item eight. On Friday November 6, twelve sets of the replat where submitted to your office addressing items one and two. Find enclosed your marked-up bluelines. We have just noticed we failed to provide an easement for the water meters as requested. If after further review you have other adjustments we will make those along with the addition of the easement. Respectfully, ø~ R.d. Blackard OFFICE - 500 GRAPEVINE HWY. · SUITE 375 . HURST. TEXAS MAILING ADDRESS - P.o. BOX 54-845 · HURST. TEXAS 76054 PHONE 817-485-0707 I Ie I I I I I I I -- I I I I I I I Ie I City of orth Richland Hills November 5, 1992 Ref: PWM 92-079 MEMO TO: Planning & Zoning Commission FROM: Gregory W. Dickens, P.E. Director of Public Works SUBJECT: PS 92-34; SNOW HEIGHTS ADDITION; Lots 17R, 18 & 19, Block 20 Replat and Plans We have reviewed the subject documents submitted to this office on October 29, 1992 and offer the following comments. 1 . Relabel the three proposed lots 17R, 18 and 19 from east to west. 2. Provide 7.5 foot wide utility easements around the perimeter of each lot excluding the frontage on Vance Road and Loop 820. 3. Revise elevations noted on the Grading Plan at the drive approaches. Also revise notation of #3 bars @ 18" on center to #4 bars @ 1 2" on center for the driveways on this sheet and in detail. 4. Provide curb ramps on sidewalk at proposed 3-foot flume into Vance Road. The metal plate will not be needed. 5. Note water meters to be installed out ot State right-at-way in water line easement on proposed Lot 19. Provide water line easement to cover this on plat. 6. Sidewalk location in State right-of-way needs to be approved by the Texas Department of Transportation. 7. Street lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights should be shown on the plans to confirm compliance with current ordinances. Any additional street lights which may be required based on current ordinances should be coordinated with Public Works and TU Electric. The cost at installation of any additional street lights will be paid by the developer directly to TU Electric. 8. Return marked-up bluelines with resubmittal. (817) 581·5500 · P.o. BOX 820801 · NORTH AICHLAND HillS, TEXAS 78112 I Ie I I I I I I I Ie I I I I I I I Ie I PWM 92-079 November 5, 1992 Page Two The comments contained herein do not purport to relinquish the design engineer from his responsibility to provide adequate, accurate, and buildable construction plans which will include all appropriate City details. Our eventual approval of the construction plans will not signify acceptance by the City of North Richland Hills for the engineering in the bid documents. cc: Barry LeBaron, Director of Planning & Inspections I Ie ] =J I I I I I -- I I I I I I I Ie -I CHURCH · OF · CHRIST October 19, 1992 City of North Rich]and Hills P. O. Box 820609 North Richland Hills, Texas 76182-0609 Please be advised we are the owners of a portion of Lot 17, Block 20 Snow Heights Addition, an addition to the City of North Richl~nd Hills, Tarrant County, Texas as recorded in Cabinet A, Slide 20ï Plat Records, Tarrant County, rfexas. Further, it is with our permission the enclosed App1icatio!1 for Replat is submitted and it is our intention to join in the signing of said Replat upon the request of First A.merican Savings Bane. Sincerely, RIC~D HILLS CHURCH OF CHRIST I ¡ 1 iL1Â. i Dee Wayne Cullum cc:l260SS.LTR/lH enclosure 6300 N.E. Loop 820 - Fort Worth, Texas 76180 (817) 281-0773 I r:>t! _\ i.' I~I'~- SA I 'U~T. ~ -............ r-..... '; r : . .. II. J1'I' l- e' ' ~ s t=r~ Lj L I ~r ,,. ~< ~H !..~ r ì . \ I - IJC-2 ~C-I ~ ~ .::... --1; i J i --I ŒÎ,~ °H I.~' ~ .. r All Nn~ r AIRES DR,~" _" 1'13601 11137f II HI J r!, fr ¡ 1 r ¡: ¡hit/,/ I rT J - ~...C-I ~~. ì I I ~~RJ I LLJ 7 ~ ..., ---. s . u · == i..{C" Antill. I::Þ _ ~ I~ . .~ ~ I '''~6 !' "" 'ê I~ '-- c-? /4:14:.. ~. > I; i~ '-- ,L' IIor - ..'t R-7-MF ~ -- ~ ~ ~ =~~""ë-40~J tIT 0'1 >---~ ~'--z~ 'Qr. ,o~ -. - I~- II I ~,~' I >--- ~,--VJ ~al.VD , ~ í MCADOW CÑ£S~ gR- ~~~~ ~ -f~~l/:¿ ~ I Ij~ eC-l-sue _0,""--:= ~ g I~~ \ I ,., ~ .1~~ =:=~ CI!' r i~~ ~ \ - I 2 ..a. ~ 0-- 10 ~ = u _ \ I ~' ; -"Gt1__ ~"-~I~-~ ~....' r r - \ .. " - ...? . - / C-2- ~C ~ [..._ ~ ~r 1 o(..\rl' ~ -"I r sU* -ç----- II I f ì r ]~ ~Q GRn'N MilDOV. jl_?-,.-c ~ V : {~ ci'v~ RICHLAND ~ I I I ~ u· ~.-- 0 ^~' ~\ LOLÆ DR I "62~ 4~ ~~ R-7-MF S;~~~L 1 ~ ~ 1~~":J1u ~TAI~~dT~ ~ . ~~C11 [L -- u :~ J~ .. I} ~ i$8:£.' , I '_ T_ 'I s · u ----........... ~ 1 r _ I. * ~ ;; ;1 .~ ;~~ · "7 C~J --.~ AI " - 'V:~ lL I ,...- ì II...R , U 1255 ~ ~ ( ~LEWO'5"IT ~ ,,['N,,{. adlH T r I I r ~Tr MF1 _, r ~JR F I ~' ;-~ ~ O()~ d ~~ I I c· $~ ~ 12.-3f- CITY OF NORTH RICHLAND HILLS Planning and Inspections Council Meeting Date: 11/23/92 Request of Rufe Snow/Loop 820, A PS 92-35 'l'exas General part:nership, tu CUllb.LÙt::.L Agenda Number: Final Plat of Lot 9, Block 4, Tapp Addition. This property is located at the northwest corner of Rufe Snow Drive and Loop 820. Rufe Snow/Loop 820, A Texas General Partnership, has submitted a Final Plat of a small tract of land containing 5,649 square feet located at the northwest corner of Rufe Snow Drive and Loop 820. This land is part of a large commercial development currently underway at this location. This particular tract is a small triangular shaped piece of property located between the Texas Electric transmission line right-of-way and Loop 820. It has no development potential for any structures, but is being platted with the notation "This lot to be used for landscaping and signage purposes only". The developer has agreed to all engineering comments. The Planning and Zoning Commission considered this Final Plat at their November 12th meeting and approved the Final Plat as presented. There were no additional comments offered by the Planning and Zoning Commission. RECO:MMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) ~perating Budget I~t~ ~ßA'=- d i:}~ k <-.u -. y¿j/l L~ ~partment Head Signature f . ~ ~~ager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Avai lable . Finance Director Page 1 of l- Ie I I I I I I I -- I I I I I I I I- I PZ Minutes - Page 5 12 November 92 Vice-Chairman Barfield stated t he access across the front of the property and access from the fronta the plat goes to Council. Mr. Wilson made the motion to approve PS 92-34 he stipulation that an agreement is worked out with City Staff concernl to this property. The motion was seconded by Mr. Bowen, an motion carried 6-0 5. PS 92-35 Request of Rute Snow/Loop 820 for a Final Plat of Lot 9, Block 4. Tapp Addition. This property is located at the northwest corner of Rufe Snow Drive and NE Loop 820. Vice-Chairman Barfield stated that this is an out -parcel that is too small to build anything on. He stated it will probably be used for signage and landscaping. He stated it is currently unplatted, and this is basically a housekeeping issue. He stated that the engineer's had no comments on this plat. Mr. Baxter made the motion to approve PS 92-35 as presented. The motion was seconded by Mr. Moody, and the motion carried 6-0. 6. PZ 92-36 Public Hearing to consider the request of Claude Byrd to rezone t 6, Block 23, Clearview Addition from its present zoning classific n of R-2 Single Family Residential to C-2 Commercial. This propert s located at 7920 Maplewood Avenue. Vice-Chairman Barfield opened the Public Hearing wishing to speak in favor of the request to come Ms. Myrtis Byrd, 7924 Maplewood Avenue, me forward to speak. She stated she is seeking the zoning change· order to have the zoning consistent with Byrd's Automotive. Sh stated the property is being used to park cars, and that is all it can re be used for. Ms. Byrd presented pictures taken before and after th Improvements to the lot were made. She stated they have lived her ince 1951. She stated they stress image at their place of busin s. She stated she would answer any questions the Commissio ight have. Mr. Moody asked Ms. yrd how long they have been at that location. Ms. Byrd stated . ce 1971. She stated it was zoned commercial when they bought th roperty. sked if there was a sight-barring fence along the back e. rd stated there is across part of it. I Ie I I I I I I I -- I I I I I I I Ie I City of orth Richland Hills November 5, 1992 Ref: PWM 92-080 MEMO TO: Planning & Zoning Commission FROM: Gregory W. Dickens, P.E. Director of Public Works SUBJECT: PS 92-35; T APP ADDITION; Lot 9, Block 4 We have reviewed the subject documents submitted to this office on November 2, 1992, and find it meets with our approval. cc: Mr. Barry LeBaron, Director of Planning & Inspection Services (817) 581-5500 · P.O. BOX 820lOI · NORTH RICH LAND HilLS, TEXAS 71182 ~\I I . ' s~ ~où <ðV/ I ~~ vi! ~,~ ", ~ ('J''> .,~ / t. ~þ.~ "1'; 2 ßU"" I 0 - - ~~--;:;:~ H ..- I- ~ ~ ..... ..al- I ~~ t ~I~~~ . ~ ~ '- ctl .... .... -J b 7 M F P-- 1"-. ~ <I I fr\, - .. ~ _ or----- I -J " ~ -- 1....-- ~L! ¡.-:¡ j ~ .- - à f 2" \r c( 1- ~ ~... \ L \.. _. II... .....~ - ~ _ ~ ~I- r")Wj' ~ C , ¡:: ~ ~ ~ L ,~= L ~ - I¿C-2 ~C-I ;:: =::-E- r-l cD ~i~~ ~ · , ~U Noe AIRES ORIVE 'ß60111 1137/ I I III I I I, ; , . ~ , ... ~~C~ I ~~I C-2 .......-. S U . ~ M I' cr· '_ £} · I c-? 12~6R 7 MF r--- ê ,~~ IIor - ~~ - - ~.~ > __ d-,- -; - t:It . ~O =.~__~ SU. ! - II ,., II __ 1097 ~ ~I t.Pr;¡~__~I~:~ 0 ~ r..y.~ ~~n -_. - -LP Lf~ - ... - ;, ,,\\,7 __..J_>-i~-""" I - 5 U. -;- I~ I .v_' I~ Lt.".::> ~~RIVE ~ ~ r_~.~"..ro 1319' II ~ I ...........-;~ šŒ C-2- ~C- 2 ~/~",? .~~ · C-2 SU* I ~" I 1130 ~ ~.S C-2-rt V : ~~ 5~U ~ I ~2 S ~ ~u R-7-MF ~ ~ ~~ ~ ~ ~ f-~ UI ~_~ ~ ~) ~~$eiC I L f LR S U * I J 0 J It ~ cr {I w ; , ~ Q. . I ~ I I·~~ Y ¡ \ u ..,. t'\ r: 1'\.8 . F ~ ~~~ C-2 I , i USE (PO) N~ LDOp 820 ~ P~~z-~ CITY OF NORTH RICHLAND HILLS aDepartment: Administration . Council Meeting Date: 11/23/92 ~ Amendment to Laidlaw's Franchise Agreement - Subject: Ord; n~nce No. 1 857 Agenda Number: GN 92-132 The City Council committee met with Laidlaw's representatives to determine an equitable settlement on the recycling portion of the consolidated franchise agreement. The proposed agreement with Laidlaw contains the following provisions: I I I 1. The current contract would be extended for a period of five years. The current contract expires August I, 1995. The proposed extension would expire August 1, 2000. 2. Reduces the amount received each month by Laidlaw for recycling from $1.75 to $1.50 per residential unit. 3. Laidlaw agrees not to request a rate increase for refuse collection until January 1, 1994 (with the exception of mandatory tax and other fees levied by the State). I 4. Change the temporary commercial roll-off container rate structure as outlined in Exhibit B (commercial containers). Recommendation: It is recommended that the City Council approve Ordinance No. 1857 (attached) that incorporates these changes. It is also recommended that the reduction in the recycling charge be passed on to our customers thereby reducing their monthly recycling fee from $2.00 to $1.75. Finance Review , Source of Funds: Bonds (GO/Rev.) Operating Budget Other~ _____ - 7J1~~ Department Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I Ie I I I I I I I -- I I I I I I -- I I ORDINANCE NO. 1857 WHEREAS, in order to protect the public health and safety of the citizens of the City, the City Council finds that it is necessary to amend the Laidlaw Franchise Agreement. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas that Ordinance No. 1745 hereby be amended as follows: Exhibit A - #2 - Termination of Agreement - From August 1, 1995 to August 1, 2000. Exhibit A - Residential curbside recycling - From $1.75 to $1.50 per residential unit. Exhibit A - Laidlaw agrees not to request a rate increase for refuse collection until January 1, 1994 (with the exception of mandatory tax and other fees levied by the State). Add Exhibit B - Rate Structure Commercial Roll-off Rates. PASSED AND APPROVED by the City Council of the City of North Richland Hills this 23rd day of November, 1992. APPROVED: Tommy Brown - Mayor AITEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City I Ie I I I I I I I -- I I I I I I '- I I EXHIBIT B RATE STRUCTURE COMMERCIAL ROLL-OFF RATES Size Delivery Rental Haul Disposal* Total Deposit 20 YD $60.00 $3/Day $67.00 $70.00 $137.00 $200.00 25 YD 60.00 $3/Day 67.00 87.50 154.50 200.00 30 YD 60.00 $3/Day 67.00 105.00 172.00 200.00 35 YD 60.00 $3/Day 67.00 122.50 189.50 200.00 40 YD 60.00 $3/Day 67.00 140.00 207.00 200.00 * Disposal fees are quoted at current average market rate $3.50 per yd. CITY OF NORTH RICHLAND HILLS Department: eUbject: City Secretary . Council Meeting Date" 11/23/92 Setting Appointment Dates and Terms for All · Boards and Commissions - Ordinance No. 1856 AgendaNumber:GN 92-133 The Council made an informal decision to postpone reappointments to the City's Boards and Commissions until June, 1993. All future appointments will be made in the month of June rather than September. The attached ordinance makes all terms end in June, 1993. Places 1, 3, 5, and 7 should be appointed for two year terms in 1993 and Places 2, 4 and 6 for one year terms. Recommendation: It is recommended that City Council approve Ordinance No. 1856. e Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available .operating Budget _ .. Other ~. 'l Qd~~~) tð ~ T' Department Head Signature f ity Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I. I I I I I I I I. I I I I I I I Ie I ORDINANCE NO. 1856 WHEREAS, the City Council finds that it is in the best interests of the City to have a single source to determine when terms expire on City boards and commissions, and WHEREAS, the Council finds that in order to promote the general welfare of the City, all terms should end on June 1st of each year and all appointments should be made in Mayor June of each year to fill those positions (places) which expire on June 1st of the year in question. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. (Animal Control) The terms of office for all four members of the Animal Control Shelter Advisory Committee will expire June 1, 1993. Appointments will be made as follows: Places 2 and 4 shall be appointed for one year terms ending on June 1, 1994, Beginning in June of 1994, Places 2 and 4 will be appointed to two year terms. Places 1 and 3 will be appointed to two year terms beginning on June 1, 1993. 2. (Beautification Commission) The terms of office for all seven members (and the alternate) of the Beautification Commission will expire on June 1, 1993. Appointments will be made as follows: Places 2, 4, 6, and alternate shall be appointed to a one year term beginning June 1, 1993 and ending June 1, 1994. Beginning in June, 1994, Places 2, 4, 6, and alternate shall be appointed to two year terms. Places 1, 3, 5, and 7 will be appointed to two year terms beginning on June 1, 1993. 3. (Board of Adjustment) The terms of all members of the Board of Adjustment will expire on June 1, 1993. Beginning with June 1, 1993, Places 1, 2, 3, 4, and 5 (as well as the two alternates, Places 6 and 7) will be appointed for two year terms. 4. (Board of Appeals) The terms of office of the Board of Appeals for all members will expire on June 1, 1993. Beginning on June 1, 1993, Places 2, 4, and 6 (alternate) will be appointed for a one year term ending on June 1, 1994. Beginning on June 1, 1994, Places 2, 4, and 6 (alternate) will be appointed to two year terms. Beginning on June 1, 1993, Places 1, 3, 5, and 7 (alternate) will be appointed to two year terms. I Ie I I I I I I I Ie I I I I I I I Ie I 5. (Cable TV Board) The terms of office for all seven members the Cable Television Board will expire on June 1, 1993. At that time, Places 2, 4, and 6 will be appointed to one year terms ending on June 1, 1994. Beginning on June 1, 1994, these Places (2, 4, and 6) will be appointed to two year terms. Beginning in June 1, 1993, Places 1, 3, 5, and 7 shall be appointed to two year terms. 6. (Capital Improvements Advisory Committee and Planning and Zoning commission) The term of office for all members of the Capital Improvements Advisory Committee and the Planning and Zoning commission shall expire on June 1, 1993. (These Boards have the same membership). Beginning on June 1, 1993, Places 2, 4, 6, and alternate shall be appointed to a one year term. On June 1, 1994, and thereafter these Places will be appointed to two year terms. Beginning on June 1, 1993, Places 1, 3, 5, and 7 will be appointed to two year terms. 7. (Civil Service Commission) The membership of the Civil Service Commission as presently constituted is a follows: Place 1 Place 2 Place 3 Place 4 Place 5 1st Alternate 2nd Alternate Sally Hackfield George Peterson Larry Bracke Jeff Newsom Dennis York Jim Keating Arfan Jabri The terms for all Places will expire on June 1, 1993. Beginning on June 1, 1993, Places 1 and 2 and both alternates will be appointed for one year term. Beginning on June 1, 1993 Places 3 and 4 will be appointed for two year terms. Beginning on June 1, 1993, Place 5 will be appointed to a three term. 8. (Industrial Development Committee) The term of office of all seven members of the Industrial Development Committee will expire on June 1, 1993. Beginning on June 1, 1993, all seven members will be appointed to two year terms. 9. (Library Board) The term of office of all members of the Library Board will expire on June 1, 1993. Beginning June 1, 1993, Places 2, 4, 6, and alternate will be appointed to one year terms. Beginning on June 1, 1994, Places 2, 4, 6, and alternate will be appointed to 2 I I. I I I I I I I I_ I I I I I I I I· I two year terms. Beginning on June 1, 1993, Places 1, 3, 5, and 7 will be appointed to two year terms. 10. (Park and Recreation Board) The terms of all members will expire on June 1, 1993. Beginning on June 1, 1993, Places 2, 4, 6 and alternate will be appointed to a one year term. Beginning in June 1, 1994, Places 2, 4, 6, and alternate will be appointed to two year terms. Beginning on June 1, 1993, Places 1, 3, 5, and 7 will be appointed to two year terms. 11. (Teen Court Advisory Board) The terms of office for all Places will expire on June 1, 1993. Place 1 shall be appointed to one year terms. Beginning on June 1, 1993, Places 2, 3, 4, 5, 6 and 7 will be appointed to two year terms. 12. Any ordinance in conflict with any portion of this Ordinance is amended only to the extent of such conflict in which case, this Ordinance shall govern. PASSED AND APPROVED this 23rd day of November, 1992. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the city 3 ~ - ~ I I I I I CITY OF NORTH RICHLAND HILLS Oepartment: Err'T; ronm~n+-~ 1 ~Ar'T; rA~ Council Meeting Date: 11/23/92 At:) iro~ 1 ron+-rn 1 ()rrì; n~nrp - OrlÌ; nnnce No. 1848Agenda Number: GN 92-134 Attached is the new proposed Animal Control Ordinance. The following are changes incorporated in the new ordinance. The Animal Shelter Advisory Board has recommended approval. 1. Addition of the definition of Exotic Livestock which is needed to comply with the Texas Animal Health Commission's rule. (See Article 2 (H) . 2. Deletion of Article 2 (R) (1) (b): The phrase, "Any cat which is off the owner's property" is deleted from the definition of animals considered to be running at large. 3. Addition of Section 10 to Article 3 allowing f6r issuance of citations for failure to pay animal control fees. 4. Incorporation of amendments contained in Ordinances 1585 and 1774 into new ordinance for ease of enforcement. 5. Clarification of registrable dangerous dog in Article II, Section 7. 6. Adds exotic livestock to restricted animals which can be permitted in Article 12, Section 3 as well as adds 100 pound weight limit on miniature pigs. 7. Adds provision to permit requirements for restricted animals, requlrlng owner to attend course of c'are and maintenance of animal to be permitted. Recommendation: It is recommended that the City Council approve Ordinance No. 1848. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available a Operating Budget _ .,~ - ( .~ -1'~ H~ /e~ -/?"^-e I Department7Head Signature City Manager I CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I Ie I I I ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE . ARTICLE ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE I. I I 1 ANIMAL CONTROL ORDINANCE #1848 INDEX l.PREAMBLE--------------------------page 2 2. DEFINITIONS----------------------page 2 3.ANlMAL IMPOUNDMENT----------------page 7 4.KENNELS---------------------------page 12 5.ESTRAY----------------------------page 15 6.LICENSING-------------------------page 19 7.ANIMAL BITES----------------------page 23 8.GENERAL---------------------------page 25 9.ANIMAL CARE-----------------------page 26 lO.BOARD/RIDING STABLES-------------page 28 1l.DANGEROUS DOG--------------------page 31 l2.WILD/EXOTIC/DANGEROUS ANlMALS----page 41 13.PENALTIES/SEVERANCE/REPEALER-----page 44 I Ie I I I I I I I . I I I I I I I. I I 2 ORDINANCE NO. 1848 Be it ordained by the City council of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the ci ty of North Richland Hills. The Ordinance contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect values within the City of North Richland Hills, to enhance the quality of life of persons, pets, and other animals and to protect the general public from damage and injury which may be caused by unregulated animals. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: (A) ANIMAL CONTROL OFFICER: Person designated by the City of North Richland Hills as the primary enforcement officers of ordinances regulating animals and owners of animals and for the enforcement of Sections of the Texas statues pertaining to the care and control of animals. (B) ANIMAL CARE AND CONTROL CENTER: Facility designated and/or operated by the City of North Richland Hills for the purpose of impounding and caring for animals held under authority of this Ordinance. (C) BOARDING/RIDING STABLE: Any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee. (D) DANGEROUS ANIMAL: Any warm blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health. A dangerous animal includes any hybrid animal or any pet wildlife which has I Ie I I I I I I I . I I I I I I I. I I (E) (F) (G) (H) (I) ( J) (K) (L) 3 attacked a human, killed or maimed a dOlllest:ic animal or a permitted restricted animal as referred to in Article ~2 of this ordinance, or which is apprehended or observed unrestrained. However, this definition shall not apply to Dangerous Dogs as addressed in Article ~~ of this Ordinance. DOMESTIC ANIMAL: Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies wi th an approved rabies vaccine, and any animal which has an established rabies quarantine observation period. ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle. EXOTIC SPECIES: Any animal born or whose natural habi tat is outside the continental united states excluding non-venomous reptiles and fish. EXOTIC LIVESTOCK/RATITES: Any species exot:ic Ii ves-tock by the Heal~h commission classified as Texas Animal HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten (10) days or longer. NON-REGISTERABLE DANGEROUS DOG: Any dog which: (1) ·When unprovoked, severely. attacked or inflicted serious injury or death to a person, whether on public or private property; or, (2) Has been deemed non-registerable by the Animal Control Divisiòn and upheld or unchallenged in the court of jurisdiction. OWNER: Any person who has right of property in an animal inc~uding a harborer. PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds, non-poisonous reptiles, and other species of animal which is sold or retained as a household pet but shall not include skunks, ferrets, non-human primates, and any other species of wild, exotic, or carnivorous animal that is susceptible, but not an I Ie I I I I I I I . I I I I I I -. I I (M) (N) (0) 4 animal that may be vaccinated for rabies, and that may be further restricted in this ordinance. POULTRY: All domesticated foul and all games birds which are legally kept in captivity except those c1.assified as exotic l.ivesr.ock/ratite as defined above. PROPER ENCLOSURE: Means a house or a bui lding, or in the case of a fence or structure/pen, the fence or structure/pen must be at least six (6) feet in height. the structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own voli tion. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The Animal Control Division may require a fence higher than six (6) feet or require a secure top and/or a secure bottom to the structure/pen if the need is demonstrated. QUARANTINE BY OWNER: (1) Animal must be inside an enclosed structure, i.e., house or garage and must rem~in there for 10 days. ( 2) If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which is cannot break loose or inside a covered pen or kennel from which it cannot escape. ( 3 ) Animal must be kept away from other animals and people excepting those in the immediate household. (4) Animal may Limi ts of quarantine. not be North from Corporate Hills while city under removed Richland (5) Owner shall notify Animal Control Division immediately if animal becomes sick or displays any behavioral changes. (6) Owner shall not subject the animal to any medical procedure, without first notifying the Animal Control Division, this to include any vaccination. I Ie I I I I I I I . I I I I I I -. I I (P) (Q) (R) (5) (T) 5 RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the Texas Department of Health and administered by a veterinarian licensed by the state of Texas. REGISTERED DANGEROUS DOG: Any dog registered with the City of North Richland Hills in compliance with Chapter 822, Texas Health and Safety Code, Subchapter D, and with the section of this ordinance addressing registered dangerous dogs. RUNNING AT LARGE: (1) Off 'premises: by means of apparatus of control the premises. Any animal which is not restrained a leash, chain, or other physical sufficient strength and length to actions of such animal while off (bt--A"y-ea~-wft~eft-~5-e£~-~fte-e~erLs-~re~r£y? (2) On Premises: (a) Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. (b) An animal intruding upon the property of another person other than the owner's shall be termed "at large. It (0) Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals. SERIOUS INJURY: Is defined as bodily injury caused by an animal which produces severe pain, trauma, loss of blood or tissue I and which requires medical treatment of wounds inflicted by the animal, and s~l inc~ude bodi~y injury resu~ ting fro. vict;im, whet;her human or aniaal , at:te.pting 1:0 escape or preven-t contact wi'th injuring animal ( s) . SEVERE ATTACK: Is defined as one in which the animal I Ie I I I I I I I . I I I I I I I. I I 6 repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack. . (U) Sr:VERE BITE: ..Is def ined as a puncture or laceration made by an animal's teeth which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, wi thout considerations of rabies prevention alone. (V) STRAY ANIMAL: (Including Estray) Any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city of North Richland Hills. (W) THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals. II Such exhibitions shall not include resident or non-resident dog an cat shows which are sponsored and/or sanctioned by Animal Control Division, the American Kennel Club, the united states Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, the International Cat Fanciers Association or any affiliate thereof nor shall it include any primary horse show. . (X) UNPROVOKED: with respect to an attack by an animal shall mean that the animal was not hit, kicked, or struck by a person with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person. (Y) VETERINARIAN: Any practitioner of veterinary medicine licensed by the state of Texas to practice such in Texas. (Z) WILDLIFE: Any animal which occurs naturally in a wild state. This includes any animal which is part wildlife. I Ie I I I I I I I . I I I I I I I. I I SECTION 1. SECTION 2. 7 ARTICLE 3. ANIMAL IMPOUNDMENT IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or law of the state of Texas shall be taken into custody by an animal control officer or other designated official and impounded under the provisions of this ordinance. DISPOSITION OF IMPOUNDED ANIMALS: (A) DOGS AND CATS WITH NO IDENTIFICATION: All dogs and cats impounded by the Animal Control Di vision or brought to the Animal Care and Control Center by a person other than the harborer or owner of that animal shall be held for a minimum Qf ninety-six (96) hours during which time period the owner may present proof of ownership at the Center and after paying all applicable fees, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after ninety-six (96) hours in the Center, that dog/cat shall become the property of the City of North Richland Hills. (B) DOGS AND CATS WITH IDENTIFICATION: All dogs and cats impounded by the Animal Control Division or brought to the Animal Care and Control Center by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner is known shall be held in the Center for a minimum of seven (7) complete days from the time the animal enters the facili ty, during which time the Animal Control Division shall notify the owner, when known, of the impoundment. Unless the owner has notified the Animal Control Division in writing of his/her intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangement has been approved by the Animal Control Supervisor, the animal shall become the property of the city of North Richland Hills on the eighth (8th) day. (C) ANIMALS SURRENDERED BY THE OWNER/HARBORER: All animals surrendered by the owner/harborer to the Animal Control Division shall become the property of the ci ty of North Richland Hills immediately upon completion of the I Ie I I I I I I I . I I I I I I I SECTION 3. SECTION 4. 8 Owner/Harborer Surrender form. (D) ANIMALS OTHER THAN DOGS, CATS OR ESTRAYS IMPOUNDED: All animals other than dogs I cats, estrays or animals holding current restricted animal permi ts in North Richland Hills impounded by the Animal Control Division or brought to the Center by a person other than the owner/harborer shall become the property of the City of North Richland Hills unless such ownership is prohibited by state or federal law. (E) DISPOSITION OF ANIMALS: Final disposition of all unclaimed animals shall rest with the Animal Control Division. The Animal Control Division shall retain sole authority to determine the final disposition of each animal in its custody, once that animal becomes the property of the city of North Richland Hills, and shall not place any animal for adoption that is classified in this Ordinance as prohibi ted. Animals shall be euthanized by an injection of sodium pentobarbital or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas veterinary Medical Association to be administered by a certif ied animal control officer. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. ANIMALS HELD ON COMPLAINT: If a complaint has been filed in Municipal Court for the city of North Richland Hills against the owner of an impounded animal for a violation of this ordinance the animal shall not be released except on the order of the Animal Control Division which may also direct the owner to pay any penalties for violation of this ordinance in addi tion to all impoundment fees. Surrender of an animal by the owner thereof to the Animal Control Division does not relieve or render the owner immune from the decision of the court, nor from the fees and fines which may result from a violation of this ordinance. REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. I Ie I I I I I I I . I I I I I I I. I I SECTION 5. SECTION 6. SECTION 7. . ) 9 ANIMALS AT LARGE: It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any -officer or citizen of the City of North Richland Hills is hereby authorized to take up and deliver to the Animal Care and Control Center any animal mentioned in this Ordinance that may be found "at large" in the corporate limits of the City, subject to the applicable provisions of the law. Failure to notify and/or turn over to the Animal Control Division any such animal within forty-eight hours may subject the person taking up the animal to civil and/or criminal action. The animal control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a ci tation, or both, subject to the applicable ~rovisions of the law. CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building I or secure enclosure and said area of enclosure shall be so constructed that no other dog or cat may gain access to the conf ined animals. Owners who do not comply shall be ordered to remove the animal in heat to a veterinary hospital, or the Animal Care and Control Center. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply wi th the removal order of the Animal Control Division shall be a violation of this ordinance and the dog or cat will then be impounded as prescribed in this ordinance. FEES: The following fees are established beginning with the effective date of this ordinance. (A) Impoundment of Altered Animal First Impoundment $10.00 Second Impoundment $50.00 Third Impoundment $100.00 (B) Impoundment of Un-Altered Animal First Impoundment $25.00 I Ie I I I I I I I . I I I I I I I. I I SECTION 8. 10 Second Impoundment Third Impoundment $50.00 $100.00 $6.00 $10.00 (C) Boarding Fee/Night (D) Quarantine Fee/Night (E) Licensed Animals (first time handled) will be eligible for 50% reduction in fees. When an un-al tered animal has been impounded, a fifteen dollar ($15.00) rebate will be given to the owner if proof that the animal has been altered is presented within thirty (30) days of the initial impoundment. ADOPTION OF ANIMAL: (A) All animals which are adopted from the Animal Care and Control Center shall be surgically altered to prevent reproduction in that animal. The person adopting the animal shall sign an agreement stating that he/she will have said animal surgically al tered and the date by which the surgery must be preformed, if the animal has not been altered before it leaves the Animal Care and Control Center. (B) It shall be the responsibility of the person adopting to provide proof of altering to the Animal Control Division. (C) Failure to comply with this section or failure to comply wi th the terms of either of the above agreements shall give the Animal Control Di vision the right to recover the adopted animal in question and revoke the owner s adoption contract. Such failure shall also constitute a violation of this ordinance. (D) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. (E) A person adopting a dog or cat three months old or older shall have that animal vaccinated for rabies with an approved killed tissue vaccine by a veterinarian licensed within the state of Texas within forty-eight (48) hours of adoption. I Ie I I I I I I I . I I I I I I -. I I SECTION 9. SECTION ~o. 11 SURRENDER OF ANIHALS ( A) Small Anima.1s: For SllJa.1.1 animals such as dogs or ca~s, the fee shall be $25.00 per animal. In the event: a lit;1:er (under 90 days of age) is surrendered the charge shall be 'the same as a single anilllal, with or without: the mother. The saJIle charge sha1.1. appl y to dead animal.s which are picked up by the animal control officer at: 1:he request; of the owner. (B) Large Ani:mals: For large animals such as horses, cows, goats, and pigs, the charge shall be $50.00 per anilllal. . (C) OWners of animals who reside oucside the ci1:y limi 1:s who bring their anillll11s to the shel 'tar, the above charges shall be doubled. PAYMENT OF FEES: It shall be a violation of this Article to fail 1:0 pay a1.l fees due in accordance wi 1:h 'this Ordinance. I Ie I I I I I I I . I I I I I I I. I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 12 ARTICLE 4. KENNELS KENNEL DEFINED: A kennel is defined as an establis11ment designed or used for the boarding, selling or breeding of animals where more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs are to be boarded, sold or bred. A kennel shall not be allowed until a kennel permit has been issued by the Animal Control Division. The Animal Control Division shall determine, after inspection, whether or not such permi t shall be issued. No permit shall be issued for a kennel to operate wi thin one thousand (1000) feet of any residence. No permit shall be issued without ~he written approval of the Building Official advising compliance wi ~h all other applicable ordinances. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. PERMITS: Permits shall be valid for one (1) year from date of issuance. The permit fee shall be one hundred dollars ($100.00). REVOCATION OR SUSPENSION OF PERMIT: Any kennel permitted under this ordinance found to be in violation of any zoning law , health law, or any other applicable law of the City of North Richland Hills or of the State of Texas, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the Animal Control Division. MULTIPLE PET OWNERSHIP: No person shall keep or harbor more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs. Puppies and kittens under three (3) months of age shall not be counted for purposes of this section. Any person, firm, or corporation wishing to keep more than the above mentioned number of animals and who does not possess a kennel permit, may apply for a multiple pet permit at the Animal Care and Control Center. The permit, once issued, shall be defense to the terms of this section. The Multi- Pet permit shall be issued provided the applicant meets all provisions of this section and of this Ordinance. The fee shall be $10.00 and shall be valid for one year from the date of issuance. I Ie I I I I I I I . I I I I I I I. I I 13 Upon inspection of the premises by the Animal Control Division, the permit shall be issued if the following conditions are met: (A) The facility must be adequate for the number and type of animals to be kept. (1) Facilities shall be of sufficient size as to allow animal to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. (2) Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. (3) The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public. (B) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; and (C) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals; and (D) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; and (E) The applicant or holder of the permit has not been issued ci tations for violation of this ordinance on two (2) separate occasions, or animals covered by or to be covered by the permi t have not been impounded on two ( 2 ) separate occasions. (F ) All. animal.s must; be l.icensed and vaccina1:ed and 1IlIlst wear current: tags at all times in accordance with Article 6. The Multi-Pet Permit may be revoked by the Animal I Ie I I I I I I I . I I I I I I -. I I 14 Control Division if upon investigation, it is determined that the permi t holder has failed to adhere to any of the above condi tions listed in this section. Once the permit has been revoked, the person whose permit has been revoked may not reapply for a period of one (1) year from day of revocation I Ie I I I I I I I . I I I I I I -. I I SEC'i'ION 1. SECTION 2. SECTION 3. . 1 15 ARTICLE 5. ESTRAY UNATTENDED ESTRAY: It shall be unlawful for any person, firm or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of North Richland Hills. The person, firm or corporation having ownership or right to immediate control of such estray(s) shall have the burden to keep such estray(s) off the public streets, alleys, and thoroughfares or the prop~rty of another in the city. Any person, firm, or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) or more than two hundred dollars ($200.00). IMPOUNDMENT: It shall be the duty of the Animal Control Division in absence of action by the County Sheriff I s office, to take up any and all estray that may be found in and upon any street, alley, or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estray for safe keeping. Upon impounding an estray, the Animal Control Division shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the Animal Care and Control Center. Each entry shall include the following: (A) The name and address of the person who notified the Animal Control Division of the estray; and (B) The date, time and location of the estray when found; and (C) The location of the estray until disposition; and (D) A description of the animal including it's breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray has been impounded, the Animal Control Division I , I I I I I I I . I I I I I I -. I I SECTION 4. 16 shall make a diligent search of the register of recorded brands in the County for the owner of the estray. If the search does not reveal the owner, the Animal Control Division shall advertise the impoundment of the estray in a newspaper of general circulation in the County at least twice during the next fifteen (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of City Hall. RECOVERY BY OWNER: The owner of an estray may recover possession of the animal at any time before the animal is sold under the terms of this Article if: (A) The owner has provided the Animal Control Division with an "Affidavit of Ownership" of the estray containing at least the following information: (1) The name and address of the owner; and (2) The date the owner discovered that the animal was an estray; and (3) The property from which the animal strayed; and (4) A description of the animal including its breed color, sex, size, all markings of any kind, and any other identifying characteristics. (B) The Animal Control Division has approved affidavit; and (C) The affidavit had been filed in the "Estray Book;" and (D) The owner has paid all estray handling fees to those entitled to receive them; and (E) "Affidavit of the following The owner has executed an Receipt" containing at least information: (1) The name and address of the person receiving the estray; and (2) Date of receipt of estray; and I Ie I I I I I I I . I I I I I I -. I I SECTION 5. SECTION 6. 17 ( 3 ) Method of claim to estray purchaser at sale); and (owner, (4) If purchased at sale, the amount of gross purchase price; and (5) Amount of estray handling fees paid; and (6) The net proceeds of the sale. (F) The Animal Control Division has filed the "Affidavit of Receipt" in the "Estray Book." FEES: For each and every estray taken and impounded there shall be paid to the City of North Richland Hills by the owner thereof or his agents the sum of fifty dollars ($50.00) for the taking and impounding of the estray and the further sum of ten dollars ($10.00) per night, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the Animal Control Division. Such fee being charged for the caring and feeding of such animal(s). The owner shall also pay for any veterinarian or drug fees incurred for the animal(s) while in the custody of the Animal Control Division. SALE OF ESTRAY: If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this Article, ti tIe to the estray rests wi th the ci ty and the Animal Control Division shall then cause the estray to be sold at a public auction. Title to the estray shall be deemed vested in the Animal Control Division for purposes of passing a good ti tIe, free and clear of all claims to the purchaser at the sale. The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: (A) Pay all handling fees to those entitled to receive them; (B) Execute a report of sale of impounded stock; (C) The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the Animal Control Di vision to the Ci ty Treasurer. Such net I Ie I I I I I I I . I I I I I I -. I I SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. 18 proceeds original herein. shall be subject to claim by the owner of the estray as provided (D) . If the bids are too low, the Animal Control Division shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure. RECOVERY BY OWNER OF SALE PROCEEDS: within twelve (12) months after the sale of an estray under the provisions of this Article the original owner of the estray may recover the net proceeds of the sale that were delivered to the City Treasurer if: (A) . The owner has provided the Animal Control Division with an affidavit of ownership; and (B) The Animal Control Division has approved the affidavit; and (C) The approved affidavit has been filed in the Estray Book. After the expiration of twelve (12) months from the sale of an estray as provided by this Article, the sale proceeds shall escheat to the city. USE OF ESTRAY: During the period of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose. DEATH OR ESCAPE OF ESTRAY: If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the Animal Control Division. The report shall be filed in the Estray Book. BREEDING OF ANIMALS: It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. ENCLOSURES: It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one-hundred (100) feet of another resident or occupied building, or any hog within five-hundred (500) feet of another residence or occupied building. I Ie I I I I I I I . I I I I I I -. I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 19 ARTICLE 6. LICENSING VACCINATION: Every owner of a dog or cat three (3) months of age or older shall have such animal vaccinated against rabies. All such dogs or cats shall be re-vaccinated at one (1) year intervals thereafter. Any person establishing residence within the city of North Richland Hills shall comply with this ordinance within the (10) days of establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the City limits a rabies vaccine shall not be administered to the dog or cat until that animal is released from quarantine. CERTIFICATE OF VACCINATION: Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be filed with the owner. Such certificate shall contain the following information: (A) The name, address and telephone number of the owner of the vaccinated dog or cat; and (B) The date of vaccination; and (C) The type of rabies vaccine used; and (D) The year and number of the rabies tag; and (E) The breed, age, color, and sex of the vaccinated dog or cat. RABIES TAG: Concurrent wi th the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. LICENSE REQUIRED: All dogs and cats three ( 3 ) months of age or older which are kept, harbored, or maintained within the corporate limits of the City shall be licensed. Cat and dog licenses shall be provided by the Animal Control Division or their agent upon payment of the required fee for each cat or dog. Before a City License will be issued, the owner of the cat or dog must present a certificate I Ie I I I I I I I . I I I I I I I SECTION 5. SECTION 6. SECTION 7. 20 from a licensed veterinarian showing that said cat or dog has been vaccinated for rabies within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color, and-sex-of the cat or dog to be licensed. Said license shall be valid for one year from date of issuance. FEES: The following yearly license fees shall be in effect with the passage of this Ordinance: (A) Un-altered Animal: (8) Altered Animal: $10.00 $ 4.00 (C) . Altered Animal whose legal owner is sixty-five (65) years of age or older Dogs which are professionally and specifically trained to assist disabled owner Duplicate Replacement Tag Late Animal License Fee No Fee $ 1.00 $20.00 No Fee (D) (E) (F) TAG AND COLLAR: Upon payment of the license fee, where applicable, the City shall issue to the owner a license certificate and metal tag having stamped upon it the year for which it is issued and the number corresponding with the number of the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the Animal Control Division or his agent upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one animal to another, and no refunds shall be made. GUARD DOGS: All dogs which are professionally trained and kept solely for the protection of persons and property, residential, commercial or personal, shall obtain a permit from the Animal Control Division. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES." said area of premises shall be subject to inspection by the Animal Control Division to determine that the animal in question is maintained I '- I I I I I I I . I I I I I I I SECTION 8. 21 and secured at all times in such a manner so as to prevent its coming in contact with the public. The dog shall be issued a tag by the Animal Control Division~ varying in color from the license tag and the fee shall be $10. 00. The Guard Dog permi t shall expire one year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times. Dogs permitted under this Section shall not be required to obtain a city license, but shall be required to comply with all provisions of this Ordinance. REVOCATION OF LICENSE: (A) The Environmental Services Director or his/her agent may revoke any cat or dog license after a hearing for anyone or more of the following reasons: (1) Impoundment of a cat or dog by the City more than two (2) times during a twelve (12) month period; or (2) More than two (2) final convictions of a person for violating this Article when such convictions relate to the cat or dog which is being considered for revocation of its license certificate; or (3) Any combination of (1) and (2) totaling three (3) incidents; or (4) Upon a determination that the animal is a Non-registerable Dangerous Dog, as defined in Article 11. (B) Upon revoking the license of any cat or dog, the Animal Control Division shall notify the owner of the cat or dog of said action in writing. wri tten notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the u.s. Mail. (C) Upon the expiration of ten (10) days after written notification of revocation is deposited in the u.s. Mail, as provided above, no cat or dog which has had its license revoked shall be kept, maintained, or harbored wi thin the ci ty limi ts and each twenty-four I Ie I I I I I I I . I I I I I I I SECTION 9. SECTION 10. 22 (24) hour period shall constitute a separated violation. The Animal Control Division shall have the authority to conduct random or city wide verification programs in a manner calculated to determine compliance wi th the license and rabies vaccination requirements. LATE FEE: For the purpose of this ordinance I a late fee may be assessed under the following conditions: A. Failure to obtain a license for a dog or cat within thirty (30) days of that animal reaching three (3) months of age. B. Failure to renew license wi thin thirty (30) days of expiration of current license. c. Failure to obtain license within thirty (30) days of the animal taking up residence in North Richland Hills. I Ie I I I I I I I . I I I I I I I SECTION 1. SECTION 2. SECTION 3. 23 ARTICLE 7. ANIMAL BITES REPORTING BITES/SCRATCHES: Every physician or other medical practitioner who treats a person or persons for any animal bite/scratch or any person having knowledge of an animal bi tejscratch shall within twelve (12) hours report such treatment to the Animal Control Division giving the name, age, sex and precise location of the bi tten/scratched person or persons and such other information as the officer or agency may require. REPORTING SUSPECTED RABIES: Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the Environmental Services Department stating precisely where such animal may be found. If a known suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. QUARANTINE OF DOGS AND CATS: (A) Any owned dog or cat which has bi tten or scratched a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance wi th state Law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the Animal Care and Control Center, or at a veterinary hospital of the owner's choice. Such confinement shall be at the owner's expense. Stray dogs and cats, or those animals whose owner's cannot be located shall be confined in the Animal Care and Control Center for a period of four (4) days and if unclaimed shall be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog of cat for impoundment, as prescribed in this Article. Home quarantine as defined in Article 2, may be allowed only in those incidents where permitted by state Law and agreed to by the Animal Control Division. Refusal to produce I '- I I I I I I I . I I I I I I -. I I 24 said dog or cat consti tutes a violation of this Section, and each day of such refusal shall consti tute a separate and individual - violation. (B) Any wild, exotic or dangerous animal as defined in Article 2 , and considered "high risk" according to state Law, which has bitten or scratched a person shall be caught and humanely killed and the brain submitted for rabies examination. Those wild animals which are classified as "low risk" animals shall be handled as dictated by state Laws. I Ie I I I I I I I . I I I I I I I SECTION 1. .- . SECTION 2. SECTION 3. SECTION 4. 25 ARTICLE 8. GENERAL CREATING A HEALTH HAZARD: (A) Any person who shall harbor or keep on his/her premises, or in or about a premises under his/her control, an animal and who allows his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (B) . Any person who shall allow his/her animal to eliminate on pUb+ic property or the property of another and does not remove same shall be guilty of a misdemeanor. TAMPERING WITH TRAPS AND EQUIPMENT: No person shall remove, al ter I damage or otherwise tamper with a trap or equipment belonging to/set out by the Animal Control Division. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The Animal Control Division or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or pri vate property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. EXCESSIVE NOISE: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any animal which by loud or unusual vocalization shall cause the peace and quiet of the neighborhood or the occupant of adjacent premises to be disturbed shall be guilty of a misdemeanor, and a separate offense shall be deeded committed upon each day during or on which such violation occurs or continues. I -. I I I I I I I . I I I I I I I. I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. 26 ARTICLE 9. ANIMAL CARE PROVIDE CARE: No owner shall fail to provide an animal in his/her care with sufficient good and wholesome food or water, adequate housing consisting of a three sided structure with a cover or roof, shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. CRUEL TREATMENT: No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. ABANDONMENT: No person shall abandon an animal in his custody. INDUCEMENT: No person shall give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. INJURED ANIMAL: Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. POISONOUS SUBSTANCE/TRAPS: No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or ..person. This section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person, however this shall not preclude use of humane box traps. THEATRICAL EXHIBITS: All Theatrical Exhibi ts as defined herein shall, in addition to other requirements of this Ordinance, comply with the minimum standards of this section . Facilities I Ie I I I I I I I . I I I I I I I. I I "-- .). - 27 shall be subject to inspection by an Animal Control Officer upon his/her request during reasonable hours. -. (A) Animal quarters shall be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural posi tion wi thout touching the sides or top, or any other animal or waste. (B) Each enclosure shall be maintained in comfortable and healthy temperature level as well as adequate ventilation. (C) . No enclosure I performance or exhibi t area shall be located in such a manner as to allow the public to come in contact with the animal. (D) No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as to not cause injury to the animal. (E) No animal shall be caused to fight, wrestle or be physically matched against any other animal or person. (F) No animal shall perform or be displayed in any dangerous situation presenting the danger of physical injury to the animal or person. (G) The Animal Control Division must be notified of all displays or performances, including date, time, and exact location at least forty- eight (48) hours in advance of a display or performance. I Ie I I I I I I I . I I I I I I -. I I SECTION 1. 28 ARTICLE 10. BOARD/RIDING STABLES STANDARDS: All boarding/riding stables as defined herein shall, in addition to other requirements of this ci ty , comply wi th the minimum standards of this section as well as other state Laws that apply. (A) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (B) All equipment· used for riding must properly fit each individual animal. (C) All buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine shall be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably dry. (D) Flies and other insects must be controlled through general sanitation and necessary means. (E) Animals let for riding/teaching purposes must be in good physical condition. (F) Boarding/riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addi tion to the above requirements also adhere to the following standards: (1) Animals exhibiting the following shall be deemed unfit for work: (a) Sores or abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (b) Serious injury or illness I -. I I I I I I I . I I I I I I -. I I SECTION 2. 29 (c) Obvious signs malnutrition, exhaustion. of emaciation, lameness or (2)- Animals requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, pasturing or obtaining medical care. (3) Animals shall be properly shod and the hooves shall be kept trimmed. (4) Animals shall be kept clean particularly in the areas in contact with harness or other tack. (5) Animals shall not be worked more than two (2) hours without being given a total of thirty (30) minutes rest. The maximum working period for anyone animal shall be ten (10) hours out of every twenty- four (24) hours. (6) Animals shall not be worked when the temperature at the workplace reaches or exceeds 95 degrees Fahrenheit. Animals which are on heat stress treatment which has been prescribed by a veterinarian may be worked while under such treatment as long as a veterinarian is on the premises of the workplace. (7) No animal shall be over-ridden or driven to result in overheating or exhaustion. ( 8 ) All tack, to include but not 1imi ted to: harnesses, bridles, saddles, and blankets shall be kept cleaned and in good repair. (9) No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal. QUARANTINE: The Animal Control Division may order a quarantine of the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons: I ~ I I I I I I I . I I I ! II I I ~ I I SECTION 3. 30 (A) Excessive parasitism, diagnosed by a veterinarian which would cause the animal to be unfit to be ridden or driven. (B) General malnutrition veterinarian. diagnosed by as (C) Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. INSPECTION: Facilities shall be subject to inspection by an Animal Control Officer upon his/her request during reasonable hours. I Ie I I I I I I I . I I I I I I I. I I SECTION 3. 32 (b) The location of the event; and (c) The name and address of the owner of the animal in question; and (d) The description of the animal in question. (2) The Animal Control Division shall investigate the complaint and may determine that an animal is non- registerable under this Ordinance and/or state Law. (C)· The dog has been registered as, or finally determined or declared to be a dangerous dog either in North Richland Hills or in another city or county in Texas and has made an unprovoked attack on another person outside the dog's enclosure and causes injury to such person or a person assisting or intervening on behalf of such person; or (D) The owner of a dog determined to be a registerable dangerous dog under this Ordinance, or any previous or other ordinance of this city or any other city or state law, can not or will not comply with the requirements set out in this article for the keeping of a registerable dangerous dog. NOTIFICATION OF DETERMINATION OF A NON-REGISTERABLE DANGEROUS DOG: (A) within five (5) working days of determining an animal non-registerable, the Animal Control Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a non- registerable animal. In the event that certified mail, return receipt requested, cannot be delivered, the Animal Control Division may then give notice by ordinary mail to last known address of owner. For the purposes of this Section, notice may be delivered by the Animal Control Division in person to the owner/harborer of the dog in question, provided that notice is written. (B) If the animal is determined to be non- registerable under this Ordinance, the owner may appeal to the Municipal Court within I Ie I I I I I I I . I I I I I I I SECTION 6. SECTION 7. SECTION 8. 34 DISPOSITION OF NON-REGISTERABLE DANGEROUS DOG: (A) If the Municipal Court upholds the determination by the Animal Control Division, the court shall order the dog to be euthanized in a safe and humane manner at the Animal Care and Control Center. (B) In the event the Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the City for any veterinary medical treatment administered to said dog while in the custody of the Animal Control Division. REG¡STERABLE DANGEROUS DOG: Shall refer to a dog determined dangerous under this Article ð"ð or in compliance with state Law ð"ð or that meets any of the following criteria: (A) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent atti tude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or (B) Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on i ts own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to that person; or (C) Any animal that has killed or seriously injured or caused to be seriously injured a domestic animal or a permitt;ed rest;ric-ted animal. as defined in Art;icle ~2, wi thout provocation while off the owner's property. DETERMINATION OF REGISTERABLE DANGEROUS DOG: A dog is determined to be a registerable dangerous dog if it meets the requirement(s) set out in section 7 of this Article; and (A) The owner of the dog in question knows of such an attack as defined in this Article; or (B) The owner is notified by the Animal Control Division that the dog in question is a I Ie I I I I I ,I I . I I I I I I I. I I SECTION 9. 35 registerable dangerous dog. The Animal Control Division may find and determine a dog to be a registerable dangerous dog if: (1) Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Care and Control Center before a certified animal control officer, setting forth an act described in Section 7 of this Article and set forth as follows: (a) Nature and the date of the act described in Section 7; and (b) The location of the event; and (c) The name and address of the owner of the animal in question; and Cd) The description of the animal in question. (2) The Animal Control Division has been notified by another agency that the dog has been determined to be dangerous under the state Law or applicable ordinance of notfying cít;y. NOTIFICATION OF DECLARATION OF A REGISTERED DANGEROUS DOG: (A) within five working days of determining a dog a registered dangerous dog, if written notification can not be given personally to the owner of the dog the Animal Control Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registerable dangerous dog. In the event that certified mail, return receipt requested, cannot be delivered, the Animal Control Division may then give notice by ordinary mail. (B) If the dog is determined to be registerable under this Ordinance, the notice shall inform the owner of the dog he/she may appeal the determination to Municipal Court no later than ~ft~r~y-f3et ~en (~O) days after the date I Ie I I I I I I I . I I I I I I -. I I SECTION 10. SECTION 11. SECTION 12. 36 the owner is notified of the determination. Failure to appeal the determination of registerable dangerous dog within the ~ft~~~y t38tten (~O) day period shall result in the Animal Control Division's determination becoming final. (C) Failure of the owner to appear at the Determination Hearing shall result in the Animal Control Division's determination as final. STATUS OF DOG ON APPEAL: Pending the outcome of the . appeal, the animal must be conf ined at a licensed veterinarian clinic or at the Animal Care and Control Center, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the Animal Care and Control Center or a veterinary clinic at the time of the determination, the owner must surrender the said dog to the Animal Control Division when ordered to do so by any animal control officer or police officer. If the owner fails to immediately surrender the dog, the Animal Control Division shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the city limits. If the dog cannot be taken into custody by the Animal Control Division, it may be taken into custody under a search warrant for contraband issued by the Municipal Judge or other Magistrate having jurisdiction. DEFENSE TO DETERMINATION OF REGISTERABLE DANGEROUS DOG: section 5 , (A) through (E) of this Article shall serve as a defense to the determination of a dog as a registerable dangerous dog and to the prosecution of the owner of that dog. DISPOSITION OF REGISTERABLE DANGEROUS DOG: (A) If the Municipal Court upholds or has ever upheld under previous or other ordinances of this city or other cities or state law, the determination by the Animal Control Division,the owner shall, no later than ten (10) days after the Determination Hearing comply with the provisions of this Ordinance for the keeping of a registered dangerous dog in North Richland Hills and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and I Ie I I I I I I I . I I I I I I -. I I SECTION 13. 37 medical treatment of said dog are paid. (B) In the event the Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner has paid all veterinary medical cost administered to such dog while in the custody of the Animal Control Division. (C) If the Animal Control Division has information or belief, or has determined that a court of competent jurisdiction has ever made or upheld a determination or declaration that a dog is dangerous, or if the Animal Control Division has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this city or 'other cities or state law, the Animal Control Division shall notify the person owning or keeping such dog in writing that the owner shall no later than ten (10) days after the date of the notice comply with the provisions of this Ordinance for the keeping of a registered dangerous dog in North Richland Hills. REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A REGISTERED DANGEROUS DOG: Owner must register the dog at the Animal Care and Control Center, the annual fee for which is fifty dollars ($50.00). The registration shall not be transferable and shall expire one year from date of issuance. The Animal Care and Control Center shall provide to the owner of the registered dangerous dog a tag which must be placed on the dogs collar and worn at all times. (A) The owner must comply with the following to register the dog: (1) Present proof of liability insurance or financial responsibility in the amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog which causes bodily injury to a person; and (2) Present proof of current rabies vaccination of the registerable dangerous dog; and -I Ie I I I I I I I . I I I I I I -. I I (B) (C) 38 (3 ) Present proof a1 tered so as and that the dog has been to prevent reproduction; (4) Present proof that the owner has attended the Responsible Pet Ownership class provided by the Animal Care and Control Center; and (5) The owner must provide a proper enclosure as defined in Article 2 of this Ordinance and that proper enclosure must be inspected and approved by the Animal Control Division; and (6) The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and (7) Owner shall caused to be placed around the dog's neck a collar indicating the dog is dangerous. This collar may be obtained at the Animal Care and Control Center and must be worn at all times; and (8) Further identification may be required and designated by the order of the Director of Environmental Services. When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not to exceed six (6) feet in length; and Prior to selling or moving the registered dangerous dog ei ther inside or outside the City limits, the owner must notify the Animal Control Division of his/her intentions. In I Ie I I I I I I I . I I I I I I -. I I SECTION 14. SECTION 15: SECTION 16. 39 the event the dog is moved permanently outside the City limits the owner must comply with the state Law in notifying the animal control authority in control of the area into which the dog has been moved. (D) Anyone bringing a dog into the City limits of North Richland Hills that has been declared dangerous by another animal control authority must notify the Animal Control Division of the new address where the dog will be kept and upon presentation of the dog's prior registration tag that has not expired, shall pay a fee of twenty-five dollars ($25.00), and the Animal Control Division shall issue a new tag to be placed on the dogs collar. This owner must also comply with all requirements set out in this ordinance. ATTACK BY REGISTERED DANGEROUS DOG: The owner of a dangerous dog shall notify the Animal Control Division of any attacks the dog makes on people or animals. APPEAL FROM" MUNICIPAL COURT: Any appeal of the decision or order of the Municipal Court of North Richland Hills shall be made wi thin twenty (20) days in the same manner as appeal from civil cases originating in the Justice of the Peace Courts of this state. The Municipal Court shall order the appellant to post a supersedeas bond payable to the City of North Richland Hills in an amount not less than ten thousand dollars ($10,000.00). The form of the bond shall be as prescribed in the laws pertaining to civil appeals originating in the Justice of the Peace Courts in this State. The appellant shall be responsible for the cost of appeal. DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED DANGEROUS DOG: It is a defense to prosecution of Sections 14 that the person is: (A) Veterinarian, peace officer, employee of the City of North Richland Hills in the performance of his/her duties; or (B) An employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or I Ie I I I I I I I . I I I I I I I SECTION 17. 40 (C) A dog trainer or an employee of a guard dog company, while in the performance of his/her duties under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's civil statutes). PENALTIES FOR VIOLATION OF THIS ARTICLE: (A) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person outside the dog's proper enclosure and causes bodily injury to the other person whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. (B) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog's proper enclosure whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. (C) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and that dog attacks a person who gains access to the proper enclosure due to negligence on t;tle part of owner or the owner's agent. (D) In addition to criminal prosecution, a person who commits an offense under this Article is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The City Attorney of North Richland Hills may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city. I Ie I I I I I ·1 I . I I I I I I -. I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. 41 ARTICLE 12. WILD/ EXOTIC / DANGEROUS ANIMALS EXHIBITIONS OF WILD/DANGEROUS ANIMALS PROHIBITED: No person shall keep, or permit to be kept, on his premises any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. This Section shall not be construed so as to apply to a theatrical exhibit or circus, as defined in Section 2 of this Ordinance. PROHIBITED ANIMALS: No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox, coyote, bat, wolf or any hybrid of these animals or any other dangerous animal which is or may be here after lis"ted as a "high risk" animal in the Texas Rabies Control Act. RESTRICTED ANIMALS: No person may possess any individual species ð~ðfor subspecies of any of the following animals without a permit issued through the Animal Care and Control Division: lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, ferrets, binturongs, ee~r~efte~ï-~, miniature pigs not to exceed ~oo pounds in weight, exo-tic livestock and ra1;ites(exo1;ic fowl) ð~ðfor apes. NON-VENOHOUS REPTILES: shal.1- be regist;ered wi1:h "the Animal Care and Control Division and shall meet: a1.1 requirement:s set out: in Sec"tion 5- ( B ) of this Article. PERMIT REQUIREMENTS FOR RESTRICTED ANIMAL OWNERSHIP: Any person who wishes to possess a restricted animal in the City limits must: A. Apply for said permit at the Animal Care and Control Center and provide the following information and documentation: (1) A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment. A new heal th certificate is required each time the permit is renewed. Copy will remain with the Animal Control Division. (2) Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the I Ie I I I I I I I . I I I I I I I 42 particular animal in question. These copies will be retained by the Animal Control Division (3) Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies. (4) Present proof of liability insurance or financial responsibility in the amount of one-hundred thousand dollars ($100,000.00) to cover the damages resulting from an escape and/or attack by the animal to be permitted. ( 5 ) OWner has attended a course approved by the Animal Care and Con-trol Division in the care and maintenance of the animal in question and presents proof of satisfactory completion to the Animal Care and Control Division. B. Before. a permit is issued the Animal Control Division shall inspect the facility where the animal is to be kept, which must meet the following criteria: (1) Each enclosure must provide adequate exercise area and sleeping quarters. (2) Proper temperature control and ventilation for the particular species must be provided in both areas. (3) Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure. (4) Each enclosure must be constructed so as to prevent the animal from escaping. (5) Each enclosure must kept in good repair to prevent both escape and injury to the animal. (6) Each enclosure must have a water container which is secured so as to prevent its being overturned. (7) Each enclosure must be cleaned daily. I Ie I I I I I I I . I I I I I I I . ? SECTION 6. SECTION 7. SECTION: 8. 43 c. Owners keeping permitted restricted animals as pets inside their residence are not required to _ provide for the requirements of (1) through (7) above, except there must be separate sleeping quarters. The animal (s) must remain in the owner I s home or in the prescribed enclosure, if outdoors. If transported to the veterinarian, animal must be kept in an escape-proof cage previously approved by the Animal Control Division. D. Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian. E. Any animal which has bitten or scratched someone must be immediately surrendered to the Animal Control Division for euthanasia and testing by the Texas Department of Health. A live test approved by T.D.H. may be substituted for euthanasia. F. Fee for restricted animal permi t shall be fifty dollars ($50.00) and the permit shall expire one year from date of issuance and shall not be transferable. VIOLATION OF PERMIT REQUIREMENTS: Failure to comply with the permit requirements shall constitute a violation of this Article and each day on non-compliance shall constitute a separate offense. EXEMPT: This Article does not apply to: A. Zoological Park accredi ted by the American Association of Zoological Parks and Aquariums. B. Federally-licensed research institutions. c. Any government agency or its employee who use the animals for an agency related to education, propagation, or behavior program. D. Anyone holding a valid rehabilitation permit from the Texas Parks and wildlife but only for animals which are in rehabilitation and scheduled to be release to the wild. PERMIT REQUIRED: Any person in possession or in con"trol. of a restricted animal. as defined in -this Articl.e at the time of passage of this Ordinance I ~ I I I I I I I . I I I I I I I 44 shall have thirty (30) days from passage to obtain permit required by this Ordinance. From and after said thirty (30) day period said person who fails to obtain a permit shall be in violation of this Ordinance. I Ie I I I I I I I . I I I I I I I SECTION 1. SECTION 2. SECTION 3. ATTEST: 45 ARTICLE 13. PENALTIES/ SEVERANCE/ REPEALER - - PENALTY FOR VIOLATION: Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200.00). Each day of violation shall constitute a separate offense. SEVERANCE CLAUSE: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validi ty of the remaining portions of this ordinance. REPEALER: All ordinances and parts of ordinances in conflict here with are hereby repealed on the effective date of this ordinance, which will be ten (10) days from passage and publication as required by law. Passed and Approved this~day of November. 1992 Tommy Brown, Mayor Jeanette Rewis, city Secretary Approved as to form and legality: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Finance Approval of Financing/Use Agreement . . 11/23/92 Council Meeting Date: Agenda Number: GN 92-135 The attached Financing/Use Agreement provides a means to formalize a financing plan to accomplish the desired Park and Recreation projects as identified by the City Council and Corporate Board. The agreement also ratifies the action taken by the Corporate Board in regards to the sale of the 1992 Sales Tax Revenue Bonds for those intended projects. Mr. Harold McInroe of First Southwest Co. and our bond council, Mr. Ed Esquivel will be present to discuss the agreement and all actions taken by the Corporate Board. Recommendation: It is recommended that the Financing/Use Agreement be approved. (è ~ ~ '"" l V\... ~ " ~ 1:2..~~7 I ~ I I I Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other /) ~,¡f... · Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number ~Uffi~ndS Available . Finance Director I ~ Page 1 of 1- . Ie I I I I I I I -- I I I I I I Ie I I FINANCING/USE AGREEMENT This Financing/Use Agreement (this "Agreement') is made to be effective as of the day of , 1992, by and between the City of North Richland Hills, Texas, a duly incorporated and existing municipal corporation and political subdivision of the state of Texas (the "city") and the North Richland Hills Parks and Recreation Facilities Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the state of Texas, including Vernon's Ann. Civ. st., section 4B of Article 5190.6, (the "Corporation") R B C I TAL 8 WHEREAS, the Corporation on behalf of the City is to finance the costs of land, buildings, equipment, facilities and improvements suitable for use for amateur (including children's) sports, athletic, entertainment and public park purposes and events, including (i) the construction of phase I of an athletic which includes an aquatic and tennis center and (ii) the acquisition of land and its development as soccer and baseball facilities (the "Project"); and WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $7,500,000, and the proceeds of sale are to be used by the City to design and construct the Project; and WHEREAS, the City will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; AGRBBMBIIT 1. Financina of proiect: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue and sale a series of obligations to be known as "North Richland Hills Park and Recreation Facilities Development Corporation Sales Tax Revenue Bonds, Series 1992 ", hereinafter called the "Bonds", and deposit the proceeds of sale of the Bonds to a construction fund or account to be designated by the City, and the City hereby agrees and covenants that all proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 2. Use of Proiect. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 0048218 I I I I I I I II I I I I I I I 3. Collection and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the state of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund". 4. Recoanition of Tax Exem9t Financing. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103(a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this paragraph, the following terms have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, enacted on or before the Issue Date. "Computation Date" has the meaning stated in Treas. Reg. S 1.148-8(b) (1). "Gross Proceeds" has the meaning stated in Treas. Reg. S 1.148-8(d). "Investment" has the meaning stated in Treas. Reg. S 1.148-8(e). "Issue Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Nonpurpose Investment" means any Investment in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purpose of the Bonds. Obligations acquired with proceeds of the Bonds that are to be used to discharge the Refunded Bonds are Nonpurpose Investments. "Rebatable Arbitrage" has the meaning stated in Treas. Reg. S 1.148-2. "Yield of" (i) any Investment shall be computed in accordance with Treas. Reg. Sl.148-2, and 0048218 -2- I -. I I I I I I I II I I I I I I Ie I J (ii) the Bonds has the meaning stated in Treas. Reg. S 1.148-3. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction, or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which, if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. without limiting the generality of the foregoing, unless and until the City shall have received a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exclusion of interest on any Bond from gross income for federal income tax purposes pursuant to Section 103 of the Code, the City shall comply with each of the specific covenants in this paragraph. (c) No Private Use or Private PaYments. The Bonds are being issued to finance the Project and, except as permitted by section 141 of the Code and the regulations and rulings thereunder, the Project shall at all times prior to the last maturity of the Bonds: (i) be exclusively owned, operated and maintained by the City, and the City shall not use or permit the use of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds in any activity carried on by any person or entity other than a state or local government, unless such use is solely as a member of the general public, and (ii) the City shall not directly or indirectly impose or accept any charge or other payment for use of Gross Proceeds of the Bonds or for any property acquired, constructed, or improved indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if (i) property acquired, constructed, or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes, (ii) capacity in or service from such property is committed to such person or entity under a take-or-pay, output, or similar contract 0048218 -3- I -. I I I I I I I -- I I I I I I I or arrangement, or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permi tted by section 148 of the Code and the regulations and rulings thereunder, the City shall not, at any time prior to the final stated Maturity of the Bonds, directly or indirectly invest Gross Proceeds of the Bonds in any Investme~t (or use such Gross Proceeds to replace money so invested), if as a result of such investment the Yield of all Investments allocated to such Gross Proceeds whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federallv Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the regulations and rulings thereunder. (g) Payment of Rebatable Arbitraae. Except to the extent otherwise provided in section 148(f) of the Code and the regulations and rulings thereunder, (i) The City shall account for all Gross Proceeds of the Bonds (including all receipts, expenditures, and investments thereof) on their respective books of account separately and apart from all other funds (and receipts, expenditures, and investments thereof) and shall maintain all records of such accounting with other public records relating to the Project until six years after the final Computation Date. The City may, however, to the extent permitted by section 148(f) of the Code and the regulations thereunder, commingle Gross Proceeds of the Bonds with other money of the City, provided that the ci ty separately accounts for each receipt and expenditure of such Gross Proceeds and the obliqations acquired therewith. (11) Not less frequently than each Computation Date, the City shall either (aa) cause to be calculated by a nationally recognized accounting or financial advisory firm or (bb) calculate and cause its calculations to be verified by a nationally recognized accounting or financial advisory firm, in either case in accordance with rules set forth in section 148(f) of the Code and Treas. Reg. S 1. 148-2 and rulings thereunder, the Rebatable Arbitrage with respect to the Bonds. The City shall maintain such calculations relating to the issuance 0048218 -4- I '- I I I I I I I II I I I I I I Ie I I of the Bonds until six years after the final Computation Date. (iii) As additional consideration for the issuance of the Bonds by the initial purchasers thereof and the loan represented thereby, and in order to induce such purchase by measures designed to result in the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United states the amount described in paragraph (g) (ii) above and the amount described in paragraph (g) (iv) below, at the times, in the installments, to the place, in the manner, and accompanied by such forms or other information as is or may be required by section 148 (f) of the Code and Treas. Reg. SS 1.148-1 through 1.148-9 and rulings thereunder. (iv) The City shall exercise reasonable diligence to assure that no errors are made in the calculations required by paragraph (g) (ii) and, if such error is made, to discover and promptly to correct such error within a reasonable amount of time thereafter, including the amount remitted to the Corporation for payment to the united states of any Correction Amount as described in Treas. Reg. S 1.148-1(c) (2) and any penalty under Treas. Reg. S 1. 148 -1 ( c) (3) (i i) (B) . (v) The City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the united states pursuant to this subparagraph (9) because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Aareement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 7 . CounterDarts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute 0048218 -5- I ~ I I I I I I I II I I I I I I Ie I I the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. s. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 9. AQplicable Law. This Agreement shall in all respects be governed by, and construed in accordance wi th, the substanti ve federal laws of the United states and the laws of the state of Texas. 10. CaDtions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year f'irst above written. NORTH RICBLAHD BILLS PARK AND RECREATION PACILITIBS DBVBLOPMEHT CORPORATION ATTEST: President Secretary (Corporation Seal) CITY OF NORTH RICBLAHD BILLS, TEXAS ATTEST: Mayor City Secretary (City Seal) 0048218 -6- I I. I I I I I I I I. I I I ,I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 92-149 ^ ~ l1 Date: ~ Y Subject: November 20, 1992 Approval Of Bid For Richfield Park Parking Lot The attached transmittal letter from Knowlton-English-Flowers, Inc. summarizes the Bids received on November 19, 1992 for the Richfield Park parking lot. The low asphalt paving bidder was J. L. Bertrom Construction in the amount of $283,669.33. The low concrete paving bidder was Austin Bridge and Road Company, Inc. in the amount of $339,442.10. staff concurs with the attached Knowlton-English-Flowers recommendation that the contract be awarded to the low concrete paving bidder, Austin Bridge and Road Company, Inc., in light of the superior performance, longevity and low maintenance costs of concrete pavement. Funds are available from the Parks and Recreation Sales Tax "Pay As You Go" projects budget. The original budget estimate for the Richfield Park parking lot project was $200,000. This figure was estimated without the benefit of a professional engineering analysis due to the short time frame between the sales tax election and the annual budget retreat. That budget estimate was also based on a lessor number of parking spaces and did not include median removal and sidewalk improvements. The total funding available this year for "Pay As You Go" projects is $1,107,043. Due to the importance and high priority of this project it is recommended that the budget be increased from $200,000 to $350,000 for this item. A revised "Pay As You Go" budget for 1992-93 will be presented for council review in the very near future to reflect this change and other staff recommendations. All bids were based on an established completion date of March 15, 1993. PROJECT DESCRIPTION PROJECT ACCOUNT NUMBER BUDGET AMOUNT Richfield Parking Lot 09-92-12-6000 $350,000.00 Respectfully Submitted, ~c-s~ Jim Browne Director Community Services Department ATTACHMENT: Knowlton-English-Flower, Inc. Bid Tabulations .. 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 KNOWL TON-ENGLISH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas Novelnber 19, 1992 Honorable Mayor and City Council 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-244, CITY OF NORTH RICHLAND HILLS RICHFIELD PARK, PARI(ING LOT IMPROVEMENTS TABULA TION OF BIDS Bids were received on Novelnber 19, 1992, for the referenced project, and proposals were submitted from eleven (11) general contractors. A detailed tabulation is attached for your information. The proposal includes several additive alternates. The summary table below includes the base bid plus all additive alternates. The order of bidders is based on the concrete amount. ! I . . -., - . . , . '.. ..,. -. . .<,. I .....'.., '.. ..,..,". I . . . . , . . .. .... . .,'. . . H'............ .... , BIDDER:·, ASPHAL T' :·:'!CQNCRETE ::. N ö{r):->Y , ... ". .'..... 1 . Austin Bridge & Road $301 ,848.75 $339,442.10 2. Brown & Root, Inc. 291,768.24 342,659.14 3. JRJ Paving 288,494.84 361,573.01 4. J.L. Bertram Canst. 283,669.33 369,651.45 5. Dyer Materials Inc. 356,483.85 373,562.50 6. Walt Williams, Inc. NO BID 394,711.57 7. V.A. Construction 360,949.47 398,251.83 8. AII- T ex Paving, Inc. 366, 120. 1 0 426,943.60 9. APAC-TEXAS, Inc. 316,409.75 434,797.97 10. M.A. Vinson Const. 353,129.14 438, 768.02 11 . Jeske Construction NO BID 439,814.09 The low bidder for the Asphalt. Street Proposal is J.L. Bertram in the total amount of $283,669.33, and the low bidder for the Concœte Street Proposal is Austin Bridge and Road Construction Co. in the alnount of $339,442.10. 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389 I I. I I I I I I I I. I I I I I I I I- I Page 2 November 19, 1992 Richfield Parl(ing Lot Bid Tabulations and Recommendation of Contract A ward Both contractors have completed other public works projects in the City of North Richland Hills and we have no objections to either company. We understand that both bids are within the budgeted amount available for this project. Because of the good prices associated with the concrete paving proposal, we would reconlmend contract award to the low concrete alternate bidder, Austin Bridge & Road Company. The superior performance, life expectancy, and low maintenance costs of the concrete pavement make this alternate the better choice. The total amount bid includes additive alternates for curb and guttered islands, pavement markings, and extra width sidewalks. The following is a breakdown summary of the basebids and additive alternates for the two low bidders: :-:-.AUSTINBRIDGE. J.L. BERTRAM ·····.(CONCRETE) (ASPHAL T) Pavement Basebid $322,936.80 $265,231.44 Islands 293.20 351.47 Pavement Markings 7,327.00 7,374.02 Extra Width Sidewalk 8,885.10 10,712.40 TOTAL AMOUNT BID $339,442.10 $283,669.33 An additional alternate was included in the proposal for "Electro-Chemical" Soil Stabilization in lieu of the traditional lime stabilization process. The bids were generally higher with the Electro-Chemical stabilization process than the lime subgrade stabilization, therefore, we are not recommending use of the Electro-Chemical process in this project. Based on the bids received, if asphalt paving is desired, then we would recommend contract award to J.L. Bertram, Inc., in the amount of $283,669.33, or if concret.e paving is desired, then we would recommend award to Austin Bridge 311d Road Company, Inc. in the amount of $339,442.10. All bids were based on an established completion date of l\farch 15, 1993. We will be available at the November 23, 1992, Council meeting to answer any questions you l11ay have concerning this project. w~· RICHARD W. ALBIN, P.E. -'" I CITY OF NORTH RICHLAND HILLS In order to comply with state laws regarding advertising for bids, the earliest opportunity for the bid opening'was Thursday, November 19, 1992, at 11:00 AM. Therefore, the bid opening occurred after the deadline for council action items for this meeting. However, the tabulated bids and staff recommendation will be forwarded to the Council for review prior to the scheduled November 23, 1992 Council Meeting. I This project is to be funded from Park & Recreation Sales Tax Revenues as a I "pay as you go" item. The scheduled start date for construction, pending . Council approval, is December 7, 1992. Richfield Park parking lot will be ~ closed to public vehicular traffic from December 7, 1992 to March 15, 1993 during the construction of the parking lot. The Community Services Department will notify the youth associations and submit news releases and public service announcements to the media concerning the closure. The recreational areas of the park will remain open to the public. epartment: Community Services Department · Council Meeting Date: 11-23-92 Subject: Approval of Bid for Richfield Park Parking Lot Agenda Number: PU 92-44 On October 12, 1992, the City Council authorized Knowlton, English, Flowers, Inc. to prepare specifications and bid documents for the Richfield Park parking lot renovation and improvements. UNDING SOURCE: Funds have been budgeted for this project in the Park & Recreation Fàcility Development Fund (09-92-12~6000). RECOMMENDATION: The Council is requested to review the bid tabulation and staff recommendation, upon receipt, and award the contract and appropriate funding. Source of Funds: ~a Bonds (GO/Rev.) - Operating Budget Other I -1<=-12:~---- I Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM /2 t1 ~ City Manager . Finance Director IL Department: Finance/Purchasing .. Subject: Award Bid for Crematorium for I An1mal Care ana Control At the September 28, 1992 meeting (PU 92-28) Council authorized Staff to proceed with developing specifications and soliciting formal bids for the purchase of a Crematorium for Animal Care and Control. Bids were opened on November 3, 1992. The results are outlined as follows: I CITY OF NORTH RICHLAND HILLS C ·IM . D 11/23/92 ouncl eetlng ate: Agenda Number: _ PU 92-45 VENDOR AMOUNT Crawford Equipment and Engineering $44,975 Industrial Equipment and Engineering 39,615 National Incinerator, Inc. 6,800 National Incinerator did not meet the specifications that were developed for this project. Attached is a letter from Crawford Equipment & Engineering stating their objection to awarding the bid to Industrial Equipment & Engineering because of technicalities in the manner in which their bid was completed. These technicalities are considered minor and irrelevant. It is Staff's opinion that Industrial Equipment and Engineering meets the City's specifications and should be awarded the bid. The Attorney for the City concurs with this conclusion. Recommendation: It is recommended City Council award the bid to Industrial Equipment and Engineering in the amount of $39,615 for the crematorium for Animal Care and Control. Finance Review Source of Funds: Acct. Number n F l;A PIT A T. Bonds (GO/Rev.) SUffic~n~ Available Operating Budget ~ ~, "/~~ . ~'::;me:~ea;;;gnature I ~ IlM M;~~ CITY COUNCIL ACTION ITEM A C:COTTNT . Finance Director Page 1 of 2 I- '- I I I I I I I -- I I I I I I Ie I I EQUIPMENT & ENGINEERING CO. P. O. BOX 593243·436 W. LANDSTREET ROAD. ORLANDO, FLA. 32859 . (407) 851-0993 ..JIM CRAWFORD PRESIDENT November 11, 1992 City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 Attn.: Mr. Dennis Horvath, Assistant City Mgr. Re.: Cremation System for Animal Care and Control Bid # 92-275 Dear Mr. Horvath: In reference to the bid in question I am writing you pursuant recent telephone conversations I have had with Pam Burney and Donnas Enos. In follow-up to our bid and upon being informed of the various offerings I learned that our bid was the "high bid" on the project. While it was easy to discount the lowest bid at $6800.00 as obviously not complying with the specifications, I was somewhat alarmed at the difference in pricing between our offering and that of Industrial Equipment and Engineering, particularly in light of the fact that they had no listed deviations or exceptions. Upon further inquiry regarding the Industrial bid it was discovered that, although they listed no "EXCEPTIONS" as required in Section III, there were indeed deviations from the specifications, specifically with regards to dimensions. Although I have not been afforded the opportunity to review the bid packages for other possible discrepancies, I questioned specifically the dimensions of the Industrial offering as I was aware that the limitations of the specification required special consideration on our part in order to comply. The deviation in question is, according to the submitted specification data, the Industrial unit did not meet the requirements of Section III, 3: "The casing shall not exceed 59" wide, 144" long and 96" high." The dimensional requirements of paragraph 3. of the specification in conjunction with the minimum chamber dimensions set forth in paragraph 9., resulted in additional design and construction costs in order to comply and were reflected in our pricing. I realize now, from my conversation yesterday with Donna Enos, that the size difference may not be a significant factor relative to the unit fitting into the area. However, this fact was not made evident in the bid documents. Section III Paragraph 3, states explicitly "The casing shall not exceed 59" wide, 144" long and 96" high.", and because the requirements are possible to meet, we saw no reason to take exception to the spec. I would ask that consideration be given of the fact that our bid was influenced by the requirements of the specifications and our efforts to meet those requirements withQut exception, since the nature of the requirement suggested that space was a critical factor relative to the equipment fitting into the facility. If it is detennined that the premium for meeting the specifications is not justifiable, then I would request that, in all fairness, it so be stated and "BFO's" (best & final offers)be requested and accepted on your part relative to these conditions. .. CITY OF NORTH RICHLAND HILLS Department: . ~Ubject: Public Works Award of Bid on Bursey Road Paving and Dr;:lin;:lQA ImrrOVAment~ ~ Council Meeting Date: 11/23/92 Agenda Number: Pvl 92-37 Bids were received on this project on November 13, 1992 and the low bidders for both alternates are shown below. Alternate No. 1 - 8" Thick Asohalt Pavina Bidder Amount Calendar Davs Bid Time APAC-TEXAS, Inc. J.L. Bertram Const. Austin Bridge & Road $1 ,617,228.64 1,637,317.87 1,691,854.87 310 360 380 Alternate No.2 - 7" Thick Concrete Paving Bidder Amount Calendar Davs Bid Time J.L. Bertram Const. Austin Bridge & Road APAC-TEXAS, Inc. $1 ,678,176.24 1 ,828,826.15 1,937,941.72 360 340 310 Fundina Source: The initial funding and the revised budget is indicated below: Budaet Revised Budaet Additional Fundina Reauired Engineering: General CIP Utility CIP Total Engineering $ 144,000 26,000 $ 170,000 $ 144,000 26,000 $ 1 70,000 -0- -0- -0- Construction: General CIP Utility CI P Total Funding $1,605,216 260,323 $2,035,539 $1 ,674,482 260,323 $2,104,805 $69,266 o $69,266 The additional funding may be appropriated from 1992/93 Drawdown Fund. Recommendation: The staff recommends award of this project to J.L. Bertram Construction in the amount of $1 ,678,176.24 for a period of 360 calendar days. Concrete paving is recommended due to the minor difference in cost compared to the longer life expectancy. , ent Head Signature Finance Review Acct. Number 13-15-89-6000 SUff~:~S ~I: ~ - ~/1V~ I City Manager . Fmance Director CITY COUNCIL ACTION ITEM Page 1 of I' Ie I I I I I I I Ie I I I I I I Ie I I KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas November 17, 1992 Honorable Mayor and City Council 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-341, CITY OF NORTH RICHLAND HILLS BURSEY ROAD PAVING AND DRAINAGE IMPROVEMENTS TABULA TION OF BIDS Bids were received on November 13, 1992, for the referenced project, and proposals were submitted from six (6) general contractors. A detailed tabulation is attached for your information. The following is a summary of the bids: !NO.! BIDDER I ASPHALT I DAYS I CONCRETE. I DAYS I 1 . APAC-TEXAS, Inc. $1,617,228.64 310 $1,937,941.72 310 2. J. L. Bertram Const. 1,637,317.87 360 1,678, 176.24 360 3. Austin Bridge & Road 1,691,854.87 380 1,828,826.15 340 4. Sunmount Corporation 1,823,811.85 280 NO BID N/A 5. Brown & Root, Inc. 1,856,689.31 270 1,985,537.79 300 6. Architectural Util. 2,039,601.15 300 2,239,311.90 285 The low bidder for the Asphalt Street Alternate is APAC-TEXAS in the total amount of $1,617,228.64, and the low bidder for the Concrete Street Alternate is J.L. Bertram Constnlction Co. in the amount of $1,678,176.24. Both contractors have completed other public works projects in the City of North Richland Hills and we have no objections to either company. Both bids are very close to the budgeted amount for this project. Because of the extremely competitive bid of the concrete street alternate, we would recommend contract award to the low concrete alternate bidder, J.L. Bertram. The superior performance, life expectancy, and low maintenance costs of the concrete pavement make this alternate the better choice. The total amount bid includes storm drainage, water and sanitary sewer improvements in addition to the pavement work. The following is a breakdown summary of these items for the two low bidders: 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 Ie I I I I I I Ie I I Page 2 No vember 17, 1992 Bursey Road Bid Tabulations and Recommendation of Contract A ward !i ITEM< . ! APAC I.. J.L.BERTRAM I BUDGET I Asphalt Pavement $984,374.44 $1 ,022, 118.93 $992,555 Concrete Pavement 1,305,087.52 1,062,977.30 Bursey Drainage 227,928.70 231,268.16 223,038 Rufe Snow Drainage 199,371.50 190,236.38 199,623 Water Improvements 176, 110.00 169,039.80 235,183 Sewer Improvements 29,444.00 24,654.60 25, 140 TOTAL ASPHALT ALT. 1 $1,617,228.64 $1,637,317.87 $1,675,539 TOTAL CONCRETE ALT. 2 1,937,941.72 1,678,176.24 The Cities of Watauga and Keller have agreed to participate in the cost of the Rufe Snow intersection and the off-site Rufe Snow Storm drain since these improvements benefit these cities as well as North Richland Hills. The estimated cost to reconstruct the intersection with asphalt based on APAC's bid would be $28,374.80, and J.L. Bertram's concrete intersection cost would be $37,540.32. As tabulated above, the off-site storm drainage cost would be $199,371.50, based on APAC's bid, and $190,236.38, if J.L. Bertram is awarded the contract. The cost of the intersection improvements would be split based on 1/2 to Keller and 1/4 each to North Richland Hills and Watauga. The storm drain costs would be split equally three ways. The following is a summary of the cost split based on contract quantities and unit prices bid: APAC BID (ASPHALT INTERSECTION AT RUFE SNOW) NRH WATAUGA KELLER TOTAL Paving $7,093.70 $7,093.70 $14,187.40 $28,374.80 Drainage 66,457.17 66,457.17 66,457.16 199,371.50 Total $73,550.87 $73,550.87 $80,644.56 $227,746.30 J.L. BERTRAM BID (CONCRETE INTERSECTION AT RUFE SNOW) NRH WATAUGA KELLER TOTAL Paving $9,385.08 $9,385.08 $1 8,770.16 $37,540.32 Drainage 63,412.13 63,412.13 63,412.12 190,236.38 Total $72,797.21 $72,797.12 $82,182.28 $227,776.70 I Ie ~ I I I I I I Ie I I I I I I Ie I I Page 3 November 17, 1992 Bursey Road Bid Tabulations and Recommendation of Contract A ward Based on the bids received, if asphalt paving is desired, then we would recommend contract award to APAC-TEXAS, Inc., in the amount of $1,617,228.64, for a period of 310 Calendar Days, or if concrete paving is desired, then we would recommend award to J.L. Bertram Construction & Engineering, Inc. in the amount of $1,678,176.24 for a period of 360 Calendar Days. We will be available at the November 23, 1992, Council meeting to answer any questions you may have concerning this project. ~~~ RICHARD W. ALBIN, P.E. RW A/ra/Enclosures/Bids.341 xc: Mr. Rodger N. Line, City manager Mr. Dennis Horvath, Deputy City Manager Mr. C.A. Sanford, Assistant City Manager Mr. Gregory W. Dickens, P.E., Director of Public Works Mr. Lee Maness, Director of Finance Mr. Mark Bradley, R.O.W. Agent Mr. Larry Jones, Ken Matheson, Bill Rutledge, City Inspectors CITY OF NORTH RICHLAND HILLS Public Works Council Meeting Date: 11/23/92 Approve Final Pay Estimate No. 3 in the amount of $41 893.73 to Wright Construction Company, Inc. for Agenda Number: PAY 92-18 Boca Raton Drive Storm Drain Improvements The subject project was awarded by Council on July 13, 1992 (PW 92-20) for $144,081.15 to Wright Construction Company, Inc. Final payment to the contractor will make his total earnings on the project $143,366.25. This is $714.90 under the contract amount. The project is now totally complete with all final adjustments having been made. The contractor worked hard to accommodate the property owners and the City on this difficult project. I Fundina Source: Sufficient funds are available for the final payment of $41 ,893.73 and may be disbursed from the account identified below. Recommendation: The staff recommends Council approve final payment to Wright Construction Company, Inc. in the amount of $41,893.73. Finance Review ent Heaâ Signature CITY COUNCIL ACTION ITEM . )nance Director Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I 214 254-1765 Metro 214 251-1627 .~Ð TEAGUE NALL AND PERKINS m.~c CON S U L TIN G E N GIN E E R S November 18, 1992 Mr. Greg Dickens, P.E. Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: Boca Raton Drive Storm Drainage Improvements Contractor's Estimate No. Three (3) & Final Dear Greg: We are in receipt of Contractor's Est imate No. Three (3) and Final for the subject project for our review. We have visited the site, have attended the final inspection with City staff, and we concur with the quantities reported in this final estimate as also verified by the City's Inspector, Ken Matheson. Also, all work provided comp leted on November 16, estimate period includes miscellaneous City-added replacement, the upstream grate inlet. on the original "punch list" was 1992. Work completed during this fence replacement, hydro-mulching, clean-up items, asphalt pavement end headwall improvements, and the Therefore, we are prepared to recommend payment of this final estimate in the amount of $ 41,893.73. Payment should be made directly to Wright Construction Company, Inc., 601 W. Wall Street, Grapevine, Texas 76051. Should you have any questions concerning this estimate, or the project, please do not hesitate to call. Very truly yours, TEAGUE NALL AND PERKINS, INC. JRP/kfs Q~ ichard Perkins, P.E. Enclosure cc: Wright Construction Co., Inc. Irving 220 W. Irving Blvd., Ste. 2 . Irving, Texas 75060 . Fort Worth I- Ie I I I I I I I Ie I I I I I I Ie I I Client: NORTH RICHLAND HILLS Periodical Estimate No. 3 & FINAL Name of Project: -----------~ WRIGHT ----~._---_._~- ------- C( ):\,STR L"CTI();\' --------- C () \1 P ..\ \: Y ------.-------. - .------- PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Period 10-1-92 to 10-27-92 BOCA RATON STROM DRAINAGE IMPROVEMENTS Job No.: 92029 Item No. Description of Item Unit of Unit Prior Current Current Value Total Value of Work Completed Measure Price Total Quantity To Date WATER ********************************************************************************************************** 1. 2. RMV 12 -CORR METAL PIPE RF CONC POND SPLWY 18-RR FLUME RELATED ITEMS 1. RMV CONC HEADWALL 2. RMV 7'H STOCKADE FENCE 3. RF CONC FLUME W/VARY HT 4. SPEC RF CONC HEADWALL 5. 71-X47-CGM PIPE ARCH 6. 7'WOOD STKAD FENCE wlc 7. RMV-RPL WROUGHT IRON GATE LINE 'A' RELATED ITEMS 1. RMV-STKPILE FLAGSTONE 2. 3. RMV-REL-RPL 5-ELM TREE 2'X2' GRATE INLET 4. RMV PVC-RPL WIDI PIPE 5. 6. 7. LOWER WLINE STA 2 +81 4 'X3 'RFC BOX CULVERT 11'6- X 7'6- SD VAULT 8. ASPHALT PVMT REPLACEMENT 9. 10. 42- CLASS III RCP TYPE B CC HWALL-42-RCP 11. RMV CONC DRIVEWAY 12. 5 II RF CONC DRIVEWAY LS LS 1000.00 7550.00 0.00 0.00 1000.00 7550.00 1 LS 900.00 0.00 900.00 LF 5.00 132 0.00 132 660.00 LF 75.00 176 0.00 176 13200.00 LS 5500.00 0.00 5500.00 LF 149.00 12 0.00 12 1788.00 LF 24.00 0 416 9984.00 416 9984.00 LS 500.00 0.00 500.00 LS 1200.00 0.00 120ù.Oû LS 550.00 0.00 550.00 EA 2300.00 0 2300.00 2300.00 LS 900.00 2 0.00 2 1800.00 LS 4500.00 0 0.00 0 0.00 LF 107.00 315 0.00 315 33705.00 EA 7500.00 0.00 7500.00 LF 45.00 0 32 1440.00 32 1440.00 LF 87.00 219 0.00 219 19053.00 EA 2800.00 0.00 2800.00 SF 0.75 3460 0.00 3460 2595.00 SF 3.75 3319 0.00 3319 12446.25 lJtility & Excavation Contractors où1 W. \Vall . Grapevine, TX 76051 . Metro (817) 481-2594 I- Ie I Item No. Description of Item Unit of Unit Prior Current Current Value Total Value of Work Completed Measure Price Total Quantity To Date .....................................................................................................****. I 13. 6'CHN LK FENCE-STL SLV LF 29.00 0 55 1595.00 55 1595.00 14. GRADE-HYDROM UP HDWALL LS 6000.00 0 6000.00 6000.00 15. 4- FLEX BASE DETOUR RDWY CY 44.00 0 0.00 0 0.00 16. RMV-REL STKADE FENCE-2 LS 4500.00 0 0.00 0 0.00 17. RMV-REL STL RAIL FENCE-GATE LS 1300.00 0 0.00 0 0.00 OTHER 1. 6 ' STOCKADE FENCE (NO CURB) LF 15.00 0 80 1200.00 80 1200.00 2. R.'\MP ADDED TO F:!'_ TJl-!E EA- 500.00 0 GOO.OO 600.UO 3. 8' GATE ADDED TO FENCE EA 250.00 0 250.00 250.00 4. CONNECT 4- DRAIN TO 42- RCP EA 250.00 0 250.00 250.00 5. GRADE TO DRAIN DWNSTRM HDWL LS 1900.00 0 1900.00 1900.00 6. MOWING THE WRIGLEY PROPERTY LS 600.00 0 600.00 600.00 7. CONC RIPRAP @ STA. 0+41.80 LS 4000.00 0 4000.00 4000.00 8. CONSTRUCT ROAD @ SPILLWAY LS 500.00 0 500.00 500.00 I I I I I Ie CURRENT TOTAL =-------==-- =====------====== Total Value of Original Contract Performed $30,619.00 $143,366.25 I Extra Work Performed Shown Hereon or Attached $0.00 $0.00 I Total Value of Work to Date $30,619.00 $143,366.25 Less: Amount Retained $0.00 $0.00 I Materials on Hand-Shown Hereon or Attached $0.00 $0.00 Net Amount Earned on Contract $30,61.9.0U $143,366.25 I Less: Amount of Previous Payment $101,472.52 ,..'~........-.,."¡~ Recommended For Payment ',EAGUE ¡\~AtL i\tíO PERKiNS, INC. f'on"'ni.'·~n{J ¡:ng~"e-er '. I~ ., i I,) U ~' f.ì '-I By: ~ 'J)~JL~~/J ~~ \ \ ( . ! ,( ,~c¡<- $41,893.73 I BALANCE DUE THIS ESTIMATE 4q~ I I ',,' .. I ( 11- I (, - 9 '- pCAMcl. I, s -t f'~/;'''ecO Û Þ1 f-k~ i) 4 T c; //-1 (,.q ;; ) NET DUE 11-11-92 I \\;7 ri ght C011struction Co.. Inc. '-,1)1 \V. \Vail+ C;rapevlne. ¡X 76051 . \{etro ~817) 481-2594