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HomeMy WebLinkAboutCC 1992-12-14 Agendas I I I I I I I I I I I I I I I I I I I CI1Y OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA DECEMBER 14, 1992 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. ! NUMBER ! ITEM I ACTION TAKEN I 1. IR 92-153 Laidlaw Recycling Contract (10 Minutes) 2. IR 92-154 Bursey Road Senior Adult Center Parking Lot Project (10 Minutes) 3. GN 92-139 Public Hearing on Sammons Cable Franchise Renewal (Agenda Item No. 13) (5 Minutes) 4. GN 92-140 Iron Horse Golf Course Management Contract (Agenda Item No. 14) (10 Minutes) 5. GN 92-142 Proposed Closing of Colorado Boulevard and Eldorado Drive (Agenda Item No. 16) (10 Minutes) 6. GN 92-143 Consider Authorizing Cost Estimates to Develop a Plan to Purchase Three Lots and Closing Certain Streets in the Pearl Street and Jennings Street Neighborhood (Agenda Item No. 17) (10 Minutes) 7. PU 92-52 Authorize Purchase of A/S 400 E-35 for Police Department (Agenda Item No. 23) (5 Minutes) 8. PW 92-39 Award of Bid on Bedford-Euless Road Paving and Drainage Improvements (Agenda Item No. 25) (10 Minutes) 9. Other Items 10. Work Session I I I I I I I I I I I I I I I I I I !I Page 2 ! NUMBER I ITEM I ACTION TAKEN I 11. *Executive Session (10 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 12. 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 CI1Y OF NORTH RICHLAND HILLS CI1Y COUNCIL AGENDA DECEMBER 14,1992 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. NUMBER ! ITEM I ACTION TAKEN 1. ! Call to Order I 2. ! Invocation I 3. ! Pledge of Allegiance I 4. Minutes of the Regular Meeting November 23, 1992 5. Presentations by Boards & Commissions A. Beautification Commission 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (10, 11, 12, 15, 18, 19,20,21,22, 23, & 24) 8. PZ 92-36 Public Hearing to Consider the Request of Claude Byrd to Rezone Lot 6, Block 23, Clearview Addition, from R-2 Single Family Residential to C-2 Commercial (Located at 7920 Maplewood Avenue) I' I I I I I I I I I I I I I I II I I I Page 2 ! NUMBER ! ITEM I ACTION TAKEN I 9. PZ 92-34 PUBLIC HEARING - APPEAL HEARING - Request of Ronald and Donna Dromgoole to Rezone Tract 16A3, William Cox Survey, Abstract 321 from R-2 Single Family Residential to R- I-S Special Single Family (Located at 7001 Smithfield Road) *10. GN 92-136 Appointment to Teen Court Advisory Board * 11. GN 92-137 Teen Court Coordinator's Contract * 12. GN 92-138 Tree Planting Grant - Resolution No. 92-56 13. GN 92-139 Public Hearing on Sammons Cable Franchise Renewal Proposal 14. GN 92-140 Iron Horse Golf Course Management Contract *15. GN 92-141 Drainage Easement Abandonment - Ordinance No. 1859 16. GN 92-142 Proposed Closing of Colorado Boulevard and Eldorado Drive 17. GN 92-143 Consider Authorizing Cost Estimates to Develop a Plan to Purchase Three Lots and Closing Certain Streets in the Pearl Street and Jennings Street Neighborhood *18. PU 92-46 Hightower Drive Box Culvert Improvements at Calloway Branch; Parcel No.5 Right-of-Way Acquisition *19. PU 92-47 Award Bid for Vehicles I· I I I I I I I I I I I I I I I I I I Page } I NUMBER ! ITEM I ACTION TAKEN I *20. PU 92-48 Award Bid for Automatic Meter Reading Units *21. PU 92-50 Award Bid for Construction of ADA Ramps *22. PU 92-51 Authorize Order to Best Locking Systems *23. PU 92-52 Authorize Purchase of A/S 400 E-35 for Police Department *24. PW 92-38 Award of Bid for Municipal Complex Drainage Channel and Tecnol Boulevard Paving Improvements 25. PW 92-39 Award of Bid on Bedford-Euless Road Paving and Drainage Improvements 26. Citizens Presentation 27. Adjournment .__. City Secretary &)7 tjW6ÆJ'vl- I Ie I I I I I I I Ie I I I I I I I 1ft. I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 92-151 ~~ c:::::::::-: x ~r Date: December 14, 1992 Subject: Self-Insurance Fund For the Year Ending September 30, 1992 The summary of operations report for the year ending September 30, 1992 for the self-insurance fund is attached. Total revenues collected for the year amount to $2, 103,219 including interest income. The expenditures for the year amount to $1,918,680 leaving an actual income of $184,539 before considering claims incurred prior to September 30, 1992, but not paid until October/ November 1992. When these claims are considered, the projected income for the year is $64,539. The following table is a comparison of 1991 and 1992 actual end of year revenues and expenditures. Revenues Actual 1992 Actual 1991 Employee Health Dependent Health Worker Compensation General Liability Interest Income Total $1,174,890 264,903 392,075 182,209 89.142 $2,103,219 $1,151,991 245,057 370,450 171,928 114.636 $2,054,062 Expenditures Employee Health Dependent Health Workers Compensation General Liability Other Total $ 825,942 910,611 157,257 24,870 o $1,918,680 $ 592,654 1,052,512 185,258 28,231 o $1,858,655 Revenues for 1992 have increased by $49,157 or 2\ over the 1991 figures. The overall increase in 1992 revenues was significantly affected by the decrease in the interest income. The revenues for 1992 would have increased $74,651 or 3\ over 1991 figures if interest income had remained constant. However, recent declines in the interest rates caused interest income for 1992 to fall 22\ below that for 1991. This amounts to approximately $25,000 less in interest earnings. Employee heal th expendi tures increased by 39\, but dependent heal th claims, workers compensation claims, and general liability claims decreased proportionally offsetting the employee health expenditures increase. Overall expenditures increased by only 3\. - ISSUED BY THE CITY MANAGER NORTH RICHLAND HilLS, TEXAS I Ie I I I I I I I Ie I I I I I I I Ie I The attached graphs represent revenues and expenditures for each fund through September 30, 1992. The total expendi tures graph shows the dollar amounts of expenditures per fund in comparison with percentage figures of the total. The employee vs. dependent graph shows the breakdown by fund and by employee and dependent expenses. Of each dollar spent for health care in fiscal year 1992, 48\ was paid for employees' claims. In comparison to 1991 expenditures, twelve cents more of each dollar spent on health care this year was used to cover employee claims. Changing over to the PPO plan seems to have helped decrease expendi tures for dependent heal th claims. Assuming this to be true, if we had not changed to the PPO, the City's expenditures for employee related claims would have been even higher. Overall, the PPO appears to be reducing the City's portion of health claims. Respectfully submitted, ~ 7J7~ Lee Maness Finance Director LM/jt Attachment I CITY OF NORTH RICHLAND BILLS INSURANCE FUND SUMMARY OF OPERATIONS 10/01/91 TO 09/30/92 HEALTH INSURANCE I -------------------------------- INTEREST , OF EMPLOYEE DEPENDENT W/C GEN LIAB INCOME TOTAL TOTAL REVENUES -------------- --------------- ------------- ------------- ------------- --------------- I --------------- GENERAL FUND $867,190.00 $201,711.00 $218,275.00 $141,259.00 $63,221.77 $1,491,656.77 71' UTILITY FUND 241,400.00 46,794.65 160,150.00 16,950.00 20,593.69 485,888.34 23' I MGMT SERVICES 66,300.00 16,397.50 13,650.00 24,000.00 5,326.52 125,674.02 6\ -------------- --------------- ------------- ------------- ------------- --------------- I ACTUAL REVENUES 1,174,890.00 264,903.15 392,075.00 182,209.00 89,141.98 2,103,219.13 PROJECTED REVENUES 0.00 0.00 0.00 0.00 0.00 0.00 I -------------- --------------- ------------- ------------- ------------- --------------- TOTAL ACTUAL & PROJECTED REVENUES $1,174,890.00 $264,903.15 $392,075.00 $182,209.00 $89,141.98 $2,103,219.13 ====-========== ===a=====_=____ ==----------- =------------ ==----------- ==------------- I EXPENDITURES --------------- GENERAL FUND $647,540.50 $699,162.80 $136,331.06 $13,351.50 N/A $1,496,385.86 78' .ILITY FUND 141,199.09 135,210.93 12,940.67 11,518.81 N/A 300,869.50 16' I MGMT SERVICES 37,201.94 76,237.64 7,985.48 0.00 N/A 121,425.06 6' -------------- --------------- ------------- ------------- ------------- --------------- ACTUAL EXPENSES 825,941.53 910,611.37 157,257.21 24,870.31 0.00 1,918,680.42 I PROJECTED EXPENSES -------------------- GENERAL FUND 0.00 0.00 0.00 0.00 N/A 0.00 0\ I UTILITY FUND 0.00 0.00 0.00 0.00 N/A 0.00 0' MGMT SERVICES 0.00 0.00 0.00 0.00 N/A 0.00 0\ I -------------- --------------- --------...---- ------------- ------------- --------------- TOTAL PROJECTED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 I PROJECTED CLAIMS INCURRED UNPAID AS OF 9/30/92 - HEALTH I OTHER CLAIMS - W/C 45,000.00 75,000.00 TOTAL ACTUAL & I PROJECTED EXPENSES ~COME/(DEFICIT) $825,941.53 $910,611.37 $157,257.21 $24,870.31 $0.00 $2,038,680.42 ==------------ ==------------- ------------- ==------------ ------------- =-------------- $348,948.47 ($645,708.22) $234,817.79 $157,338.69 $89,141.98 $64,538.71 ==------------ =-------------- ::a____________ =------------ ::a____________ =-------------- I I I I I I I I . I I I I I I I C N Z œ :JCI)œ LLw"- Wa:O O~(f) ZÕa: <Z~ a:~~ :JXW cnW~ Z...IW _~CI) ~~~ m ~ Q Z :::> LL (1.)10 O~ >..: (l.)c:.\I ~ 1-69- ~ (!) ~ Q Z :::>0 u.."- >-~ 1-0 _0 .....JC') -69- \, "'" ..... ", :. ::::J '\ \ '\ "'\ \ .. · · ,,; .. · P tit . CD III Ie ~ I- - a z III L )C III ... is e I \t I I I I I I I . I I I I I I I CIJ w a: C:JC\J Z~m :::JÕ~ LLZa we WQ.(¥) U~a: ZorJ~ «CIJ~ fI:ww :::J:JI- ,^ Z Q. \,1,1 W W Z>C1J -WLL LLa:O -J-ICIJ W<c<c (/J~ ~ .. . G . ca' .-am ~,.: ('I)_ ~CD ·w > :a:: w fØ~ a:: w!: I'- ::)Q ,.. zz ~ ww >A. W)( a:w ..1-1 ~~ 00 ....Þ- I I I I I I I . I I I I I I ~ I CIJ W CCCI- z::Jz ::::>!::W LLCC Zz Ww Wa..a.. t)Xw ZWC <C W I a:OCIJ ::::>~::;- (/)CCw Z::Jw -~ð LL--I ...JJ:a.. W~~ (/) c( W W J: c z =:).- u.-- N >tÕ '-t') -.- ..J. t- =:) c z =:)('1) U.O ..J~ ~O ceO wI) z· W C!J a z .:J &.LCD COt') ON > .. co~ t-- ~ C!J :I \ \ co I- z:: We) c .. z2 We» a... w c \ \ \ ~~ ~~ CDW "10 ..... --- Ww ....... œ~ ·0 10.- Wœ CD. . .. ... WZ ww l)i ~w G.a. 2w we ~..I rs~ 00 ...1- W w >.- 0· ..J~ 0..-- ~. we) . &L ø I í I w w >0 00 ..J.- 0.": ~. w. u. ::) .. I, Ie I I I I I I I -- I I I I I I ~ I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL ~~ ~ ~ ~ No. 92-152 Date: November 30, 1992 Subject: September 1992 Revenue and Expenditure Reports Attached for your review are revenue and expenditure reports for fiscal year end September 30, 1992. In review of the revenue categories, overall collections are 1.68% above the adopted budget. Following are brief comments summarized by the various revenue categories: General Fund - Total Taxes collected are slightly above the adopted budget. As predicted in previous months, sales tax collections are approximately $144,000 above the adopted budget for 1991/92. Fines and Forfeiture collections are almost 30% above the budget. Total collections amount to $581,134 compared to the adopted budget of $447,806. The total collections for Licenses and Permits amount to $846,084 compared to the adopted budget of $811,084, or a 4.24% increase over the adopted budget. Charges for Service collections were 23.47% over the adopted budget. Revenues in this category were budgeted at $684,950 with collections amounting to $845,702 for fiscal year 1991/92. The major sources of increase in this category are Ambulance Fees collected and Garbage Billing; however, it should also be noted that Recreation and Athletic revenues showed substantial increases for fiscal year 1991/92. As reported in previous financial statement transmittal reports, the Interest Income collections were not expected to meet the budget for fiscal year 1991/92. Total interest income collections amounted to $198,877 compared to the adopted budget of $365,450, or a collection ratio of 54.42%. Summary of General Fund QDerations 1991/92 - Revenues Actual projected revenues 1991/92 $14,529,804 14,329,251 Revised revenues 1991/92 Additional revenues over revised budget $ 200,553 Expenditures - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I. ie I I I I I I I -- I I I I I I '- I II Actual projected expenditures 1991/92 Revised expenditures 1991/92 $14,203,522 14,420,062 $ 216,540 $ 417,093 (98,662) $ 318,431 Savings from operations Summary of Operations 1991/92 Less anticipated reserve for encumbrances at 9/30/92 Projected Increase to Fund Balance at September 30, 1992 General Fund expenditures for the year amount to $14,203,522, which is a savings of over $216,000 from the revised budget of $14,420,062. Although a few of the departments'expenditures were over 100% of their budget, the overall General Fund expenditures amounted to 98.50% of the revised budget. Revised budget is used as a comparison at year end because it includes the budget amendments approved by City Council during the year. In the future, closer monitoring and tighter controls will help curtail any potential deficiencies at the departmental budgeting level. Utility Fund Revenues - Total revenues collected for the year amounted to $14,553,151, or 86.84% of the adopted budget. Utility Fund Expenditures - Utility Fund expenditures for the year amount to $14,236,273, or 84.95 % of the adopted expenditure budget. This does not include depreciation expense to be charged as an adjustment during the year end audit. Respectfully submitted, ~ 7ff~ Lee Maness Director of Finance I. ~ 1 1 TAXES _urrent Property Taxes elinquent Property Taxes enaltyand Interest Franchise Taxes Itility Fund Franchise Taxes ales Taxes Mixed Beverages Tax Searches layment in Lieu of Taxes TOTAL TAXES IIINES AND FORFEITURES Municipal Court Fines library Fines arrant & Arrest Fees ~ FINES AND FORFEITURES LICENSES AND PERMITS liscellaneous Permits uilding Permits ~lectrical Permits Plumbing Permits _urb & Drainage Permits e-Inspection Fees icense Renewal Fees Contractor Registration Fees Inimal License Fees nimal Control Impoundment Auto Impoundment Fees ¡OOd Service Permits ood Managers School ire Dept Certification Fees Fire Inspection Fees IIbTAL LICENSES AND PERMITS I Ie I I CITY OF NORTH RICHLAND HILLS GENERAL FUND REVENUE FOR THE YEAR ENDED SEPTEMBER 30, 1992 \-----------------FISCAL YEAR 1991-92-----------------/ ADOPTED REVISED COLLECTED % REVISED BUDGET BUDGET** AS OF 9/92 BUDGET /---------FISCAL YEAR 1990-91--------/ ACTUAL COLLECTED % COLLECTIONS AS OF 9/91 ACTUAL ------------------------------------------- --------- ------------- -------------- --------- $3,880,231 $3,880,231 $3,804,620 98.05% $3,705,105 $3,705,105 100.00% 145,800 185,800 113,965 61.34% 176,499 176,499 100.00% 102,500 102,500 64,491 62.92% 97, 174 97, 174 100.00% 1 , 711 , 284 1 , 711 , 284 1 , 789, 767 104.59% 1,593,955 1,593,955 100.00% 299,445 299,445 242,138 80.86% 241,825 241,825 100.00% 4,358,775 4,358,775 4,503,213 103.31% 4,208,330 4,208,330 100.00% 70,485 70,485 71,232 101.06% 71,626 71,626 100.00% 2,000 2,000 2,078 103.90% 1,054 1 , 054 100.00% 136,700 136,700 147,663 108.02% 128,355 128,355 100.00% ------------------------------------------- --------- ------------- -------------- --------- 10,707,220 10,747,220 1 0 , 73 9 , 166 99.93% 10,223,924 10,223,924 100.00% 343,100 343,100 456,594 133.08% 303,525 303,525 100.00% 43,306 43,306 42,705 98.61% 37,930 37,930 100.00% 61,400 61,400 81 , 835 133.28% 66, 732 66, 732 100.00% ------------------------------------------- --------- ------------- -------------- --------- 447,806 447,806 581, 134 129.77% 408,186 408, 186 100.00% 122,500 122,500 126,732 103.45% 120,246 120,246 100.00% 312,000 312,000 355,837 114.05% 269,674 269,674 100.00% 71,270 71,270 58,683 82.34% 51,204 51,204 100.00% 30,775 30,775 30,514 99. 15 % 26, 165 26, 165 100.00% 37,750 37,750 36,296 96.15% 4 1 , 293 4 1 , 293 100.00% 2,150 2,150 1 ,880 87.44% 1 , 660 1 , 660 100.00% 12,925 12,925 6,892 53.32% 8,469 8,469 100.00% 47,500 47,500 50,647 106.63% 39,315 39,315 100.00% 6,460 6,460 12,834 198.67% 7,825 7,825 100.00% 21,600 21,600 35,590 164 . 7-r1o 18, 122 18,122 100.00% 77,860 77,860 77,860 100.00% 80,715 80,715 100.00% 46,660 46,660 35,580 76.25% 61,761 61,761 100.00% 6,350 6,350 9,250 145.67% 7,915 7,915 100.00% 15,900 15,900 0 0.00% 6,595 6,595 100.00% 0 0 7,490 0.00% 990 990 100.00% ------------------------------------------- --------- ------------- -------------- --------- 811,700 811,700 846,084 104.24% 741 ,949 741 ,949 100.00% I, '- I I I IARGES FOR SERVICE rk Facility Rental Ambulance Fees Irbage Billing ps & Codes ecreation Revenue Athletic Revenue lanning & Zoning Fees le of Accident Reports Vital Statistics IWing tent ion Services n-resident Library Fees Citicable ~ CHARGES FOR SERVICE ~ERGOVERNMENTAL in Fee - General CIP dmin Fee - Utility Fund IIrTAl INTERGOVERNMENTAL ISCELLANEOUS terest Income le of City Property Other Income IIFPropriation of Fund Balance ~TAL MISCELLANEOUS , IIÞTAl GENERAL FUND CITY OF NORTH RICHLAND HILLS GENERAL FUND REVENUE FOR THE YEAR ENDED SEPTEMBER 30, 1992 \--------------FISCAL YEAR 1991-92---------------------//---------FISCAL YEAR 1990-91-----------/ ADOPTED REVISED COLLECTED % REVISED ACTUAL COLLECTED % BUDGET BUDGET** AS OF 9/92 BUDGET COLLECTIONS AS OF 9/91 ACTUAL ------------------------------------------- --------- ------------- -------------- --------- 7,110 7,110 5 , 726 80.54% 5,963 5,963 100.00% 132,260 132,260 198,061 149.75% 84,966 84,966 100.00% 171,600 171,600 252,348 147.06% 212,620 212,620 100.00% 1 , 200 1 , 200 1 , 224 101.96% 1 , 184 1, 184 100.00% 154,100 154,100 186,653 121.12% 186,922 186,922 100.00% 57,600 57,600 70, 164 121.81% 72,716 72,716 100.00% 13,650 13,650 15,022 110.05% 10,093 10,093 100.00% 17,050 17,050 20,361 119.42% 16,688 16,688 100.00% 22,400 22,400 16,340 72.95% 15,442 15,442 100.00% 39,500 39,500 29,514 74.72% 39,967 39,967 100.00% 45,000 45,000 23, 139 51 .42% 70,353 70,353 100.00% 11,480 11,480 14,688 127.94% 13,473 13,473 100.00% 12,000 12,000 12,463 103.86% 14,043 14,043 100.00% ------------------------------------------- --------- ------------- -------------- --------- 684,950 684,950 845,702 123.47% 744,431 744,431 100.00% $210,000 $210,000 $210,000 100.00% $210,000 $210,000 100.00% 1,025,000 1,025,000 1,025,000 100.00% 990,000 990,000 100.00% ------------------------------------------- --------- ------------- -------------- --------- 1,235,000 1,235,000 1,235,000 100.00% 1,200,000 1,200,000 100.00% 365,450 2,000 35,125 o 365,450 2,000 35,125 o 198,877 6, 138 77,703 o 54.42% 306.89% 221.22% 0.00% 331,562 3,400 27,111 o 331,562 3,400 27,111 o 100.00% 100.00% 100.00% 0.00% ------------------------------------------- --------- ------------- --------- -------------- 402,575 402,575 282,718 70.23% 362,073 362,073 100.00% ------------------------------------------- --------- ------------- -------------- --------- $14,289,251 $14,329,251 $14,529,804 101.40% $13,680,562 $13,680,562 100.00% ----------------------------------------------------- ----------------------------------------------------- ------------- -------------- ------------- -------------- --------- --------- III Revised budget for 1991/92 include the budget modifications approved by City Council during the year. -. I I I CITY OF NORTH RICHLAND HILLS GENERAL FUND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1992 /---------------FISCAL YEAR 1991-92-------------------/ /----------FISCAL YEAR 1990-91-----------/ ADOPTED REVISED EXPENDITURES % REVISED TOTAL EXPENDITURES % OF TOTAL I BUDGET BUDGET** AS OF 9/92 BUDGET EXPENDITURES AS OF 9/91 EXPENDITURES ----------------------------------------- ---------- ------------ ------------ --------- DEPARTMENT: IITY COUNCIL S73,540 S78,160 $79,493 101.70% $66,151 $66,151 100.00% CITY MANAGER 298,109 298,109 299,884 100.60% 295,673 295,673 100.00% IITY SECRETARY 221,461 223,089 222,829 99.88% 211,837 211,837 100.00% lEGAL 94,482 94,482 94,687 100.22% 90,705 90,705 100.00% IVIL SERVICE 27,697 27,697 24,912 89.95% 28,970 28,970 100.00% ,INANCE 579,000 577,950 573,813 99.28% 593,914 593,914 100.00% ANAGEMENT INFO SERVICES 351,935 317,893 306,859 96.53% 289,855 289,855 100.00% ~NICIPAL COURT 370,594 384,444 388,395 101.03% 367,230 367,230 100.00% COMMUNITY DEVELOPMENT 506,201 502,544 497,550 99.01% 487,099 487,099 100.00% .RY 706,964 699,255 700,685 100.20% 701,951 701,951 100.00% ENVIRONMENTAL SERVICES 329,710 328,292 332,356 101.24% 306,970 306,970 100.00% IBLlC IJORKS 1,426, 153 1,431,153 1 , 404, 116 98. 11 % 1,368,735 1,368,735 100.00% PARKS & RECREATION 977,370 977,756 1,016,952 104.01% 918,489 918,489 100.00% III CE 4,306,725 4,328,603 4,328,852 100.01% 4,198,642 4,198,642 100.00% fRE 3,045,820 3,041,940 3,081,415 101.30% 3,005,762 3,005,762 100.00% N-DEPARTMENTAL 973,490 1,017,884 850,724 83.58% 1,003,983 1,003,983 100.00% IIrCUMBRANCES (1990/91) 90,811 ----------------------------------------- ---------- ------------ ------------ --------- TOTAL $14,289,251 $14,420,062 $14,203,522 98.50% $13,935,967 $13,935,967 100.00% ----------------------------------------- ---------- ------------ ------------ --------- ----------------------------------------- ---------- ------------ ------------ --------- ~ Revised budget for 1991/92 includes the budget modifications approved by City Council during the year. I -. I I I, I I WATER Water Sales & Adjustment Cost Service Charges Water Taps Developer Fees Pro-Rata Water Water Well Revenue Water Access Fees I I TOTAL WATER CITY OF NORTH RICHLAND HILLS UTILITY FUND REVENUE FOR THE YEAR ENDED SEPTEMBER 30, 1992 \----------FISCAL YEAR 1991/92----------\ \----------FISCAL YEAR 1990/91----------\ ADOPTED COLLECTED % ACTUAL COLLECTED % BUDGET AS OF 9/92 BUDGET COLLECTIONS AS OF 9/91 ACTUAL ------------ ------------ --------- ------------ ------------ --------- $8,730,640 $8,389,076 96.09% $8,069,969 $8,069,969 100.00% 104,250 66,364 63.66% 80, 773 80, 773 100.00% 94,500 65,584 69.40% 66,673 66,673 100.00% 18,400 23,933 130.07% 11,811 11,811 100.00% 0 1 0, 193 0.00% 1 , 953 1 , 953 100.00% 38,100 8,094 21 .24% (20,789) (20,789) 100.00% 0 17,455 0.00% 1 , 340 1 ,340 100.00% ------------ ------------ --------- ------------ ------------ --------- 8,985,890 8,580,698 95.49% 8,211,729 8,211,729 100.00% I SEWER Sewer Sales & Adjustment Cost 5,872,525 5,707,928 97.20% 5 , 475 , 188 5,475, 188 100.00% I Sewer Taps 36, 750 22,475 61 . 16% 20,105 20,105 100.00% Sewer Transportation 14,025 14,443 102.98% 13,210 13,210 100.00% Developer Fees 21 , 185 19,659 92.80% 20,065 20,065 100.00% Pro-Rata Sewer 0 1,536 0.00% 2,342 2,342 100.00% ~ Sewer Access Fees 0 226 0.00% 2,294 2,294 100.00% ------------ ------------ --------- ------------ ------------ ------------ TOTAL SEWER 5,944,485 5,766,268 97.00% 5,533,203 5,533,203 100.00% I I MISCELLANEOUS Miscellaneous Interest Income Sale of City Property Interfund Loans Appropr. of Retained Earnings I TOTAL MISCELLANEOUS I TOTAL UTILITY FUND II I I 26,500 4,158 15.69% 25,880 25,880 100.00% 545,000 201,936 37.05% 484,465 484,465 100.00% 0 91 0.00% 0 0 0.00% 80,000 0 0.00% 21,000 21,000 100.00% 1 , 175,870 0 0.00% 0 0 0.00% ------------ ------------ --------- ------------ ------------ ------------ 1,827,370 206,186 11.28% 531,345 531,345 100.00% ------------ ------------ --------- ------------ ------------ ------------ $16,757,745 $14,553,151 86.84% $14,276,277 $14,276,277 100.00% ------------ ------------ --------- ------------ ------------ ------------ ------------ ------------ --------- ------------ ------------ ------------ I I I I DEPARTMENT: CITY MANAGER I PUBLIC WORKS FINANCE I NON-DEPARTMENTAL I TOTAL UTILITY FUND . I I I I CITY OF NORTH RICHLAND HILLS UTILITY FUND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1992 \----------FISCAL YEAR 1991/92----------\ ADOPTED EXPENDITURES % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990/91----------\ TOTAL EXPENDITURES % EXPENDITURES AS OF 9/91 ACTUAL ------------ ------------ --------- ------------ ------------ --------- $44,794 $43,013 96.02% $44,105 $44,105 100.00% 14,020,290 12,559,519 89.58% 10,630,632 10,630,632 100.00% 1,136,329 1,125,345 99.03% 1,023,714 1,023, 714 100.00% 1,556,332 508,397 32.67% 1,632,242 1,632,242 100.00% ------------ ------------ --------- ------------ ------------ --------- $16,757,745 $14,236,273 84.95% $13,330,694 $13,330,694 100.00% ------------- ------------ --------- ------------ ------------ --------- ------------- ------------ --------- ------------ ------------ --------- I I ~ I I. I I CHARGES TO USER FUNDS FOR: Building Maintenance Vehicle Maintenance I TOTAL CHARGES TO USERS I MISCELLANEOUS Interest Income Sale of City Property Other Income I TOTAL MISCELLANEOUS I TOTAL MANAGEMENT SERVICES FUND . I I I I I I I CITY OF NORTH RICHLAND HILLS MANAGEMENT SERVICES FUND REVENUES FOR THE YEAR MONTHS ENDED SEPTEMBER 30, 1992 \---------FISCAL YEAR 1991-92----------\ ADOPTED COLLECTED % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990-91---------\ ACTUAL COLLECTED % COLLECTIONS AS OF 9/91 ACTUAL ------------ ------------ --------- ------------ ------------ --------- $819,856 $805,972 98.31% $758,023 $758,023 100.00% 1,070,407 1,084,293 101.30% 1,001,556 1,001,556 100.00% ------------ ------------ --------- ------------ ----------- --------- 1,890,263 1,890,265 100.00% 1 , 759,579 1 , 759, 579 100.00% 6,704 (3,458) -51.58% 0 5,080 0.00% 0 131 0.00% ------------ ------------ --------- 6,704 1 , 753 26. 14% ------------ ------------ --------- $1,896,967 $1,892,018 99.74% ------------ ----------- ------------ ----------- --------- --------- 6,660 6,660 100.00% 5,396 5,396 100.00% 1 ,425 1 ,425 100.00% ------------ ------------ ------------ 13,481 13,481 100.00% ------------ ------------ ------------ $1,773,060 $1,773,060 100.00% ------------ ----------- ------------ ------------ ----------- ------------ I. I I DEPARTMENT: I ADMINISTRATION I BUILDING MAINTENANCE VEHICLE MAINTENANCE I NON-DEPARTMENTAL CITY OF NORTH RICHLAND HILLS MANAGEMENT SERVICES FUND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1992 \--------FISCAL YEAR 1991-92----------\ ADOPTED EXPENDITURES % BUDGET AS OF 9/92 BUDGET \--------FISCAL YEAR 1990-91---------\ TOTAL EXPENDITURES % EXPENDITURES AS OF 9/91 ACTUAL ------------ ------------ --------- $199,505 $129,659 699,858 681,087 997,604 843,842 0 0 ------------ ----------- I TOTAL MANAGEMENT SERVICES FUND $1,896,967 $1,654,588 ------------ ----------- ------------ ----------- . I I I I I I ~ I ------------- ------------ --------- 64.99% $78,988 $78,988 100.00% 97.32% 593,232 593,232 100.00% 84.59% 893,979 893,979 100.00% 0.00% 0 0 0.00% --------- ------------ ----------- --------- 87.22% $1 , 566, 199 $1,566, 199 100.00% --------- ------------ ----------- --------- --------- ------------ ----------- --------- I, I 1 Contributions Interest Income Other Grant Proceeds 1 1 TOTAL PARK AND LIBRARY FUND I I . I I I I I I ~ I CITY OF NORTH RICHLAND HILLS PARK AND LIBRARY FUND REVENUE FOR THE YEAR ENDED SEPTEMBER 30, 1992 \----------FISCAL YEAR 1991-92----------\ ADOPTED COLLECTED % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990-91-----------\ ACTUAL COLLECTED % COLLECTIONS AS OF 9/91 ACTUAL ------------ ------------ --------- ------------ ------------ --------- $102,000 $91,352 89.56% $97,573 $97,573 100.00% 0 4,290 0.00% 6,919 6,919 100.00% 0 17,680 0.00% 18,801 18,801 100.00% 0 13,750 0.00% 0 0 0.00% ------------ ------------ --------- ------------ ------------ --------- $102,000 $127,072 124.58% $123,293 $123,293 100.00% ------------ ------------ --------- ------------ ------------ --------- ------------ ------------ --------- ------------ ------------ --------- I. I I DEPARTMENT: I PARKS LIBRARY 1 BEAUTIFICATION TOTAL PARK AND LIBRARY FUND I 1 . I I I I I I I CITY OF NORTH RICHLAND HILLS PARK AND LIBRARY FUND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1992 \----------FISCAL YEAR 1991-92----------\ ADOPTED EXPENDITURES % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990-91-----------\ TOTAL EXPENDITURES % EXPENDITURES AS OF 9/91 ACTUAL ------------ ------------ --------- ------------- ------------ --------- $51,000 $66,063 129.54% $86,533 $86,533 100.00% 51,000 46,713 91 .59% 68, 116 68,116 100.00% 0 0 0.00% 4,533 4,533 100.00% ------------ ------------ --------- ------------ ------------ --------- $102,000 $112,776 110.57% $154,649 $154,649 100.00% ----------- ----------- --------- ----------- ----------- --------- ----------- ----------- --------- ----------- ----------- --------- 1- · I 1 Occupancy Taxes Interest Income Transfer from General Fund Appropriation of Fund Balance I I TOTAL PROMOTIONAL FUND 1 1 . 1 1 I I I I I CITY OF NORTH RICHLAND HILLS PROMOTIONAL FUND REVENUES FOR THE YEAR ENDED SEPTEMBER 30, 1992 \---------FISCAL YEAR 1991-92------------\ ADOPTED COLLECTED % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990-91-----------\ ACTUAL COLLECTED % COLLECTIONS AS OF 9/91 ACTUAL ------------ ------------ --------- ------------ ------------ --------- $125,000 $159,282 127.43% $145,094 $145,094 100.00% 4,992 6,609 132.39% 8,052 8,052 100.00% 0 0 0.00% 35,000 70,000 200.00% 43,396 43,396 100.00% 0 0 0.00% ------------ ------------ --------- ------------ ------------ --------- $173,388 $209,287 120.70% $188,146 $223,146 118.60% ------------ ------------ --------- ------------- ------------ --------- ------------ ------------ --------- ------------- ------------ --------- I CITY OF NORTH RICHLAND HILLS PROMOTIONAL FUND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1992 I DEPARTMENT: I ECONOMIC DEVELOPMENT I TOTAL PROMOTIONAL FUND I I I . I I I I I I '~ I I \---------FISCAL YEAR 1991-92------------\ ADOPTED EXPENDITURES % BUDGET AS OF 9/92 BUDGET \----------FISCAL YEAR 1990-91-----------\ TOTAL EXPENDITURES % EXPENDITURES AS OF 9/91 ACTUAL ------------ ------------ --------- ------------- ------------ --------- $173,388 $167,211 96.44% $170,105 $170,105 100.00% ------------ ------------ --------- ------------ ------------ --------- $173,388 $167,211 96.44% $170,105 $170,105 100.00% ------------- ------------ --------- ------------- ------------ --------- ------------- ------------ --------- ------------- ------------ --------- Ie I I I I I I I -- I I I I I I I I- I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 92-154 ':;j^id ~ ~ ~ ~~ Date: December 14, 1992 Subject: Bursey Road Senior Adult Center Parking Lot Project On January 27, 1992 City Council approved the 18th Year COBG Funds to be used for the addition and improvement of the Bursey Road Senior Adult Center parking lot at 7301 Bursey Road. Preliminary engineering work has been done on the project. The additional land needed for the parking lot is in the City of Keller. The City of Keller has authorized the City of North Richland Hills to begin negotiations toward acquiring the land and to begin condemnation if necessary. Staff has been negotiating for the purchase of the land. Mayor Brown has since suggested an alternative. He has suggested that a new senior adult center be built on land currently being acquired for park development. This, in effect, would mean that the 18th year funds would need to be reallocated. The Parks Master Plan does not call for an additional future senior adult center, but it does recognize a future need for a recreation center in the north region of the City. The prospect therefore exists that at such time as the new recreation center is constructed a senior adult center could be constructed on the same site and possibly even in the same building as a new recreation center. The future construction of the recreation center and senior adult center could be scheduled some time after 1995. Withdrawing or changing the 18th Year COBG Funds will affect the City in the following ways: * According to HUD guidelines, the use of COBG money requires that the project be used for the funded purpose for five years. The Bursey Road senior adult center expansion addition was paid for by 15th year funding in 1989. If use of this facility for senior adults is discontinued the City must reimburse the $50,000 used in the 15th Year Funding. The possibility exists that the money could be used in future CDBG projects or be reallocated to other cities. Consequently, the Bursey Road Senior Adult Center must be used through 1994 to preclude forfeiture of that money. * The City will have to pay the remaining engineering fees for the 18th year project and reimburse the County for engineering fees paid to date ($3,206). * If the City decides to change the project for 18th year money, the County has to get permission from the Mayor's Council. - 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 * The County prefers that CDBG funding be used the year of the award. * The 19th year application deadline is February 15, 1993. Consideration will need to be given regarding projects for those funds. These funds could be used to complete the parking lot with little or no supplemental city funding. The Council is requested to consider interim parking for the Bursey Road Senior Center in conjunction with the construction of improvements to Bursey Road. The construction phase will eliminate a much needed row of existing parking space at the facility. (If the Council recommends construction of a new senior adult center there will be a need for an interim facility, reduced, combined, or discontinued operations until the new one is operational.) In consideration of the above discussion of the CDBG Funds and parking lot scheduling problems, the Council needs to consider the following alternatives. 1. Continue with planned and funded parking lot expansion at the existing Bursey Road Senior Adult Center. 2. Discontinue parking lot project, curtail or discontinue activities at the center during the reconstruction of Bursey Road, due to lack of adequate parking. 3. Continue with parking lot project and begin planning for: A. a new facility to be an integral part of the planned recreation center. B. a new stand alone senior adult facility to be funded and constructed concurrently with a new recreation center. On Monday, December 7, 1992 the Parks and Recreation Board met and discussed this issue. The Board recommended that the CDBG money be used as planned and that the City consider using 19th Year Funds to finish the project. The Parks and Recreation Board also recommended completing the projects prioritized from the park system master plan and presented to the public during the sales tax referendum, first. The Board was supportive of evaluating the potential construction benefits and feasibility of building a new senior adult center to replace Bursey Road Senior Adult Center in conjunction with the new full service recreation center after 1995. I -- I I I I I I I . I I I I I - I I f I The Council is requested to evaluate this issue, the CDBG ramifications of withdrawing the project at this time, and the recommendations of the Parks and Recreation Board and direct staff accordingly with a desired plan of action. Respectfully Submitted, ~ \ ::--..~~ Jim Browne Director Community Services Department I Ie I I I I I I I Ie I I I I I I I Ie I MINUTES OF THE REGULAR MEETING OF THE CI1Y COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 23, 1992 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order November 23, 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 Linda Spurlock Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman 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 2. INVOCATION Mayor Pro Tem Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING NOVEMBER 9, 1992 APPROVED Mayor Pro Tern Sibbet moved, seconded by Councilman Garvin, to approve the minutes of the November 9, 1992 City Council meeting. Motion carried 6-0; Councilwoman Spurlock abstaining due to absence from the meeting. I Ie I I I I I I I Ie I I I I I I I Ie I November 23, 1992 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES B. PARK AND RECREATION BOARD MINUTES No action needed. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Garvin removed Item No. 15, Councilwoman Spurlock removed Item No. 13 and Attorney McEntire removed Item No. 16 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (9, 10, 11, 12, 14, 18, 19 & 20) APPROVED Councilman Wood moved, seconded by Mayor Pro Tern Sibbet, to approve the Consent Agenda. Motion carried 7-0. 8. PS 92-22 PUBLIC HEARING TO CONSIDER THE REQUEST OF THE CI1Y 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 BE1WEEN NEVADA TRAIL AND ELDORADO DRIVE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak to come forward. Staff advised the purpose of the replat was to accommodate the widening of Bedford- Euless Road. There being no one else wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tern Sibbet moved, seconded by Councilwoman Johnson, to approve PS 92-22. I I. I I I I I I I I. I I I I I I I Ie I November 23, 1992 Page 3 Motion carried 7-0. *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) APPROVED *10. PS 92-30 REQUEST OF PACE MEMBERSHIP WAREHOUSE FOR A REPLAT OF LOTS lR AND 2R, BLOCK A, RICHLAND OAKS ADDITION (LOCATED AT 8561 AIRPORT FREEWAY) APPROVED *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) APPROVED *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) APPROVED 13. GN 92-132 AMENDMENT TO LAIDLAW'S FRANCHISE AGREEMENT- ORDINANCE NO. 1857 POSTPONED The following citizens appeared with questions pertaining to Laidlaw's contract: Mr. Cliff Stevens, 9201 Kirk Lane Mr. Jim Wright, 4921 Wedgeview Mr. Harvey Greenwald, 5016 Strummer. Staff explained the changes in the franchise. I Ie I I I I I I I Ie I I I I I I I Ie I November 23, 1992 Page 4 Mr. Jim Ryan, representing Waste Management, appeared before the Council. Mr. Ryan requested that the Council not grant the extension. Mr. Ryan advised his company would like to bid on the franchise when it expired. Mr. Richard Davis, representing Laidlaw, appeared before the Council. Mr. Davis gave the outline and changes contained in the proposed franchise. The changes as proposed in Pre-Council were discussed. Mter further discussion, Councilman Oujesky moved, seconded by Councilwoman Johnson, to postpone ON 92-132. There was discussion on the Council Committee for the Laidlaw Franchise having a meeting. Mter further discussion, Councilwoman Spurlock moved, seconded by Councilman Wood, to amend the motion to include having a work session on the franchise within two weeks and brought back to the Council sometime in January. Mayor Brown called for a vote on the amendment. The amended motion failed 3-4; Councilman Wood, Mayor Pro Tern Sibbet, and Councilwoman Spurlock voting for and Councilmen Welch, Garvin, Oujesky, and Councilwoman Johnson voting against. Mayor Brown called for a vote on the original motion. Original Motion carried 5-2; Mayor Pro Tern Sibbet, Councilmen Wood, Welch, Oujesky and Councilwoman Johnson voting for and Councilman Garvin and Councilwoman Spurlock voting against. *14. GN 92-133 SEITING APPOINTMENT DATES AND TERMS FOR ALL BOARDS AND COMMISSIONS _ ORDINANCE NO. 1856 APPROVED Mayor Brown announced Item No. 16 would be heard at this time. I Ie I I I I I I I Ie I I I I I I I Ie I November 23, 1992 Page 5 16. GN 92-135 APPROVAL OF FINANCING/USE AGREEMENT APPROVED Councilman Garvin moved, seconded by Councilwoman Johnson, to approve Resolution No. 92-57. Motion carried 7-0. 15. GN 92-134 ANIMAL CONTROL ORDINANCE _ ORDINANCE NO. 1848 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1848 with the addition of Article 12. and a grandfather clause for the existing animals that were already permitted in the area. Ms. Wanda Ellerbee, 6541 Cliffside, appeared before the Council. Ms. Ellerbee spoke in favor of the ordinance. Ms. Myrtis Byrd, 7312 Hialeah Circle, appeared before the Council. Ms. Byrd had questions pertaining to the operating hours of the shelter. Councilman Welch a"dvised Ms. Byrd that the Animal Control Officers started work at 6:00 a.m. and the Shelter opened at 9:00 a.m. Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve Ordinance No. 1848. Motion failed 5-2; Councilman Garvin and Councilwoman Spurlock voting for, and Mayor Pro Tern Sibbet, Councilwoman Johnson, Councilmen Welch, Wood and Oujesky voting against. Councilman Oujesky moved, seconded by Councilman Wood, to approve Ordinance No. 1848 with the addition of Article 12 and no grandfather clause. Motion carried 6-1; Mayor Pro Tern Sibbet, Councilwomen Johnson and Spurlock, and Councilmen Welch, Wood and Oujesky voting for and Councilman Garvin voting against. I Ie I I I I I I I Ie I I I I I I I ,. I November 23, 1992 Page 6 17. PU 92-44 APPROVAL OF BID FOR RICHFIELD PARK PARKING LOT APPROVED Mayor Pro Tern Sibbet moved, seconded by Councilman Oujesky, to approve PU 92-44. Motion carried 7-0. *18. PU 92-45 AWARD BID FOR CREMATORIUM FOR ANIMAL CARE AND CONTROL APPROVED *19. PW 92-37 AWARD OF BID ON BURSEY ROAD PAVING AND DRAINAGE IMPROVEMENTS APPROVED *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 APPROVED 21. CITIZENS PRESENTATION 1. MR. DANNY THOMPSON RE: PROPOSED CHANGES IN SIGN ORDINANCE Not present. 2. MS. MARY LOU HOLLEY 5025 ELDORADO BLVD. RE: STATUS OF ELDORADO BLVD. Ms. Holley asked Council to reconsider the closing of Eldorado. Ms. Holley stated that not all of the residents were notified. Staff advised Ms. Holley that the City was in the process of sending letters to all the residents and consideration would be given to what the majority of the residents wanted. I' Ie I I I I I I I Ie I I I I I I I Ie I November 23, 1992 Page 7 3. MR. SID RADACCIA P.O. BOX 516181 DALLAS, TX 76251 RE: CHARGES FOR MOWING AREAS IN NORTH RICHLAND HILLS Mr. Radaccia asked the Council to amend the Weed Ordinance. Mr. Radaccia advised he was under contract to do mowing. Mr. Radaccia advised the City had mowed an area that he normally mowed and his client billed him for the charges. Therefore his client was withholding his money to pay the mowing bill. He asked that the City reconsider the charges. Mr. Jim Ramsey, Bedford, appeared before the Council and spoke on the Laidlaw franchise. Ms. Myrtis Byrd, 7312 Hialeah Circle, appeared before the Council. Ms. Byrd had questions on the recycling process. 22. ADJOURNMENT Mayor Pro Tern Sibbet moved, seconded by Councilwoman Spurlock, to adjourn the meeting. Motion carried 7-0. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary CITY OF NORTH RICHLAND HILLS Department: Community Development Council Meeting Date: 12/14/92 Subject: Public Hearing to consider the request of Ronald and Donna Dromgoo~e to rezone Tract 6A3, William Cox Survey, Abstract 321 from its present zoning classification of R-2 Single Family Residential to R-1-S Special Single Family. This property is located at 7001 Smithfield Road. Agenda Number: PZ 92-34 I Ordinance #1860 Ronald and Donna Dromgoole are the owners of a 6.35 acre tract of land located at 7001 Smithfield Road. Mr.and Mrs.Dromgoole own and live in the house on the tract. They are seeking a zoning change to R-1-S in order to keep horses, cows, and other livestock on the property. The R-1-S zoning district is intended to permit low density residential development in a quasi-rural setting. It is specifically designed for allowing the keeping of livestock in a residential setting. The Planning and Zoning Commission considered this request at their October 22, 1992 meeting and denied the request by a vote of 4-3. However, the Dromgoole's appealed to the Council to consider their request at the November 9th City Council meeting and the Council agreed to consider their zoning request. At the October 22nd Planning and Zoning Commission meeting, a petition was filed by neighbors in the area objecting to the zoning change. According to State zoning statutes, a petition objecting to a zoning change which is signed by property owners within 200 feet of the property being considered and representing 20% of this area will require a 75% (6 votes) majority by the City Council to approve the zoning change. The staff has reviewed the petition and determined that the petition satisfies the State statutes. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider Ordinance #1860. . Finance Review Acct. Number Sufficient Funds Available r /<~~ Departm8Q.~. Head Signature I City Manager CITY COUNCIL ACTION ITEM . Fanance Director Page 1 of I Ie I I I I I I I . I I I I I I I Ie I ORDINANCE NO. 1860 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE NO. 1080 OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF NORTH RICHLAND HILLS, JANUARY 9,1984. AFTER APPROPRIATE NOTICE AND PUBLIC HEARING, THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED, that on Case Number PZ 92-34, the following property shall be rezoned from R-2 Single Family Residential to R-1-S Special Single Family Residential: BEING Tract 6A3,a 6.23 acre tract of land out of the William Cox Survey, Abstract 321, City of North Richland Hills, Tarrant County, Texas. This property is located at 7001 Smithfield Road. DENIED BY THE PLANNING AND ZONING COMMISSION THIS 12 DAY OF NOVEMBER, 1992. Av1 æ ,¿$~ Sécretary, Planning and Zoning Commission ~ n ing an~phing Commission BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NUMBER PZ 92-34 IS HEREBY REZONED R-1-S SPECIAL SINGLE FAMILY RESIDENTIAL THIS 14th DAY OF DECEMBER, 1992. ATTEST: Tommy Brown, Mayor City of North Richland Hills, Texas Jeanette Rewis, City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY Attorney I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 8 22 October 92 eing no one else wishing to speak. Chairman Brock closed the Mr. Bowen stated tha nly question to consider is whether this center should be C-2 Com me . He stated it would be unfair not to rezone it since the surrounding cen e C-2. Mr. Bowen made the motion to approve PZ 92-3 . seconded by Mr. Miller, and the motion carried 7-0. 4. PZ 92-34 Public Hearing to consider the request of Ronald Dromgoole to rezone Tract 6A3, William Cox Survey, Abstract 321 from its present zoning classification of R-2 Single Family Residential to R-1-S Special Single Family. This property is located at 7001 Smithfield Road. Chairman Brock opened the Public Hearing and asked for those wishing to speak in favor of the request to come forward. Mr. Ron Dromgoole. 7001 Smithfield Road, came forward to speak. He stated they bought the property about one year ago and have cleaned it up considerably. He stated they would like to have some livestock on the property. He stated the original property owners had livestock on the land. Chairman Brock stated this property was originally agriculture and was rezoned R-2. Mr. Dromgoole stated they have cleaned up the property. He stated there was some problems with weeds. but they have been taken care of. There being no one else wishing to speak in favor. Chairman Brock called for those wishing to speak in opposition to the request to come forward. Chairman Brock stated they did receive a letter from the Hamptons. He stated they were concerned about roosters and chickens. Chairman Brock asked Mr. Dromgoole if they had any plans to put roosters or chickens on the property. Mr. Dromgoole stated they already have some on the property. Mr. Stephen Floyd, 7805 Briardale Court, came forward to speak. He stated his property backs up to the property under consideration. He stated his concern was that the fences were not suitable for cattle. He asked if the zoning would allow for an unlimited number of cattle. Chairman Brock asked Mr. LeBaron if there was a limit on the number of animals they could have on the lot. Mr. LeBaron stated not in the zoning ordinance, but there might be in the health code. Mr. Pence stated there are animal control ordinances that would deal with that. Chairman Brock asked if it dealt with chickens or roosters. I Ie I I I I I I I -- I I I I I I I Ie II PZ Minutes - Page 9 22 October 92 Mr. Pence stated it would only address the distances the animals must be from other residential property. Mr. LeBaron stated the zoning ordinance states you must have at least one acre. Ms. Dromgoole stated they have many animals, including chickens, pot bellied pigs, and a tiger, and they have permits for all of them. She stated the roosters have been butchers. She stated this zoning is only for cows and horses. She stated she has two calves on the property. Mr. Wilson asked Ms. Dromgoole if she said she has a tiger. Ms. Dromgoole stated yes, and they have a permit from the State. Mr. Bowen stated the zoning ordinance says livestock or fowl, subject to Chapter 4 of the Code of Ordinances. Ms. Susie Gorbett-McGee, 6940 Briardale Drive, came forward to speak. She stated she is representing many of the residents on Briardale Drive, Briardale Court, and Noneman Drive. She presented a petition with 35 signatures. She stated that the Dromgooles have done a wonderful job of cleaning up the property. She stated they have many animals on only 5 acres of land. She stated it is not considered country anymore, it is part of the city. She stated she doesn1 want any more animals on the property. She stated the chickens poke through the fence. She stated the residents don1 need a farm in that area. Chairman Brock asked Ms. Gorbett-McGee if she thinks what is there now is fine, but she does not want anymore. Ms. Garbett-McGee stated yes, that should be enough for anyone in the confines of the city. Chairman Brock asked if there was a total amount of animals someone could have on their property. Mr. LeBaron stated he was not sure, but the zoning ordinance just refers to Chapter 4 of the Code of Ordinances. Ms. Garbett-McGee stated she understands the request to be that they are requesting the zoning in order to have more animals than are already there. Mr. Bowen stated what they have there right now is illegal. He stated what they are asking for is to go to a legal zoning. Ms. Garbett-McGee stated that if the zoning will allow more than what is there, then that needs to not happen. She stated there are too many animals back there for five acres, and it is not fair to the animals. Chairman Brock asked Ms. Dromgoole if they plan to put any more animals on the property. Ms. Dromgoole stated no, and the property is 6.3 acres, not 5 acres. She stated there are four dogs outside and one house dog, not six dogs. I Ie I I I I I I I IIÞ I I I I I I I Ie I PZ Minutes - Page 10 22 October 92 She stated the dogs have kennels. She stated the Bengal tiger is regulated through the State, and the State and City come out every six months to inspect it. She stated the cage that the tiger is in is well above zoo qualifications. She stated the chickens are in the barn and have never been allowed to run loose. Ms. Dromgoole stated the animals on the property are treated very well. Mr. Bowen stated the petition has a standing with the City Council, but he is unsure of what the numbers are. Mr. Husband stated that if 20% of the property owners signatures in the 200-foot notification area are on the petition, then the vote by the City Council to pass the request would go from a simple majority to a 3/4 majority. Ms. Tammy Pucceralla, 7008 Briardale Drive, came forward to speak. She stated her house is directly behind the barn. She stated there have been many problems with insects and rodents since the animals have been there. She stated she was happy with the zoning of that property when they bought their house. She stated her concerns over the odor in the summer. She stated she chose to live in the city, not the country. Mr. Scott Carlson, 7024 Smithfield Road, came forward to speak. He stated he was not in opposition, but he wanted to address the fencing of the animals. He stated they have had a lot of dogs out on the road and in their trash. Chairman Brock stated that dog problems are not really the purpose of this case: everyone has dog problems. Mr. Carlson stated that if they have livestock, he wanted to ensure that the fencing was adequate for them. Ms. Barbara Polk, 716 Koen Lane, Euless, came forward to speak. She stated she is the owner of property at 7004 Briardale. She stated she is a real estate broker. Ms. Polk stated the property has been rental property. She stated she was unaware of the tiger. She stated the property has been vacant for three months. She stated her concern over the tiger. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Chairman Brock stated when considering this case, the tiger issue cannot come into play. It is not part of this request. Mr. Wilson asked what the fencing requirement for R-1-S is versus R-2. Mr. LeBaron stated there are none. Mr. Wilson asked if there were any fencing requirements for keeping animals such as livestock. Mr. LeBaron stated there are none that are regulated through the zoning ordinance. He stated if there were, they would be in the health code. Mr. Bowen asked about Chapter 4 of the hea'lth code. I Ie I I I I I I I . I I I I I I I I- I PZ Minutes - Page 11 22 October 92 Mr. Pence stated that the code says that any undomesticated animal must be kept at least 100 feet away from any residential structure. Mr. Bowen stated that is not an issue in this zoning, but if the zoning were approved, it would become an enforcement issue. Mr. Pence stated that would fall under animal control. Mr. Lueck asked Mr. Dromgoole if he knew there was an outstanding lien on the property. Ms. Dromgoole asked what the lien was for. Mr. LeBaron stated it is an outstanding mowing lien. Ms. Dromgoole stated that was done before they bought the property and she thought that it would be attached to that owner. Mr. LeBaron stated that the lien is attached to the property, and when you assume the property, you assume the lien as well. Ms. Dromgoole stated they bought the property with a barn and a stock tank. She stated they had to buy a large mower to mow it and farm equipment to take care of it. She stated if they go to sell the property, they would have to tell the buyer that they couldn1 keep a horse on it. She stated why would anyone buy almost 7 acres of land just to mow. Chairman Brock stated that most neighbors were not concerned with what was there now, they were concerned with more and more animals. Ms. Dromgoole stated they have no plans to add anything else. She stated the whole issue came up because of animal control and the two cows. She stated the cows will be gone in March. Mr. Baxter asked what the minimum lot size on R-1-S. Mr. LeBaron stated one acre. Mr. Barfield stated that this property was there before any of those houses, and at one time there was about 25-30 sheep on the property. He stated that this property was not zoned to R-2 at the owner's request, and they need to consider that when voting. He stated it was used for agricultural purposes for many years. Mr. Lueck stated that the number of animals or obnoxious odors are under a different rule of law than what is being considered tonight. He stated there is an avenue available for taking care of those issues. Mr. Bowen made the motion to deny PZ 92-34. The motion was seconded by Mr. Wilson, and the motion carried 4-3, with Mr. Bowen, Mr. Wilson, Mr. Baxter, and Mr. Miller voting for denial; and Chairman Brock, Mr. Lueck, and Mr. Barfield voting against denial. Mr. LeBaron stated if the applicant wishes to appeal the decision to the City Council, they should come in and see the City Secretary. I Ie I I I I I I I . I I I I I I I I_ I MEMORANDUM TO: File FROM: J. Clayton Husband Planning and Zoning Coo~ Inator SUBJECT: PZ 92-34, Ronald and Donna Dromgoole 7001 Smithfield Road Tract 6A3, William Cox Survey, A-321 The subject case was heard by the Planning and Zoning Commission on October 22, 1992. A petition in opposition to the requested change was submitted by property owners within the 200-foot notification area. The owners of 18 parcels within the notification area signed the petition in opposition to the request. According to Section 212.006 of the Texas Local Government Code, if the change is protested through a written document signed by the owners of at least 20-percent of the property within the 200-foot notification area, the affirmative vote of at least three-fourths of the City Council is required for the change to take effect. The following table shows the calculations used to determine if the petition triggers the 3/4-vote. Lot/Block Briarwood Estates Block 3, Lot 7 Lot 8 Lot 9 Lot 1 0 Lot 11 Lot 12 Lot 14 Lot 15 Lot 18R Lot 19R Lot 20 Part of Lot 23 Block 5, Lot 9 Lot 22 Lot 23 Lot 24 Block 6, Lot 7 Smithfield Acres Part of Lot 3. Block 1 Total Affected Area Affected Area 9,002 sq. ft. 9,002 9,002 9,002 9,002 9,002 9,002 9,002 8,974.05 10,779.02 14,517 1,588.93 1 ,213 2,354 1,167.9 1 , 169.2 1 ,605 675 117,071.11 sq. ft. Total Area of 200-foot Notification Area: 543,080 square feet Area required to trigger 3/4-majority vote for approval: 543,080 x 0.20 = 108,616 sq. ft. According to the above calculations, the petition submitted in opposition to PZ 92-34 is a valid petition, and an affirmative vote of three-fourths of the City Council will be required in order for the proposed change to take effect. I Ie I I I I I I I -- I I I I I I I Ie I FACT SHEET Case No. PZ 92-34 Hearing Dates: 10/22/92 PZ 11/09/92 CC REQUEST: R-2 to R-1-S APPLICANT: Ronald Dromgoole PROPERTY OWNER: same SIZE AND LOCATION: 6.35 acres out of the William Cox Survey, A-321, located at 7001 Smithfield Road. PROPOSED USE: Single family residential with livestock on the property ALLOWED USE: same SITE CHARACTERISTICS: Generally flat terrain with existing house and other structures on site. Several trees. A small pond is located near the southwest corner of the property. ADJACENT ZONING/LAND USE: North: South: East: West: R-2: existing single family homes (Briarwood Estates) R-2: existing single family homes (Briarwood Estates) R-3: existing single family homes (Smithfield Acres Addition) R-2: existing single family homes (Briarwood Estates) DRAINAGE: According to the Master Drainage Plan for the City, this property does not lie in a flood prone area. THOROUGHFARE PLAN: Access to this property is from Smithfield Road, classified as a C4U thoroughfare (Major Collector, 4-lane, undivided roadway). There should be no significant traffic impact on Smithfield Road if this request is approved. LAND USE MASTER PLAN: The Land Use Plan calls for low density residential uses in this area. This request is in accordance with the Plan. I' Ie I I I I I I I Ie I I I I I I I Ie I ZONING HISTORY This property carried an Agriculture zoning classification until the Zoning Ordinance revisions in 1984, where the property was reclassified as R-2 Single Family Residential. PLATTING HISTORY The property under consideration is presently unplatted. I Ie I u ~~ ~~ I I c: .4- I lù _m~ r..J rJl Co (£ OJ -....j: ~¡ r..... .... A .... c..n ~ r,-~ ~ 4\ \......JO I lD (:) w (\.) CD w w W A ...... ~ (\.J tD :D ~ ~~w I X 0 o - o i r·J o tC " .... m ~ '-.J I æ en ~....J , (\.) 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This property is located at 7920 Maplewood PZ 92-3 Agenda Number: Avenue. Ordinance # 1861 Mr. Claude Byrd is the owner of a small lot in the Clearview Addition located at 7920 Maplewood Avenue. The lot is directly behind the Byrd Automotive facility. Mr. Byrd is seeking a zoning change from R-2 to C- 2 to bring all his property under the same zoning district classification. A Specific Use Permit for a parking lot is still in existence on the property, that permit being granted in 1981. The Specific Use Permit will terminate upon approval of this zoning request. The lot is currently used as a parking area for the automotive business. The lot is vacant except for being fenced and paved to be used as a parking area. No code violations or complaints have been recorded on this property. The Planning and Zoning Commission considered this request at their November 12, 1992 meeting and approved the zoning change request by a 4- 2 vote. There were no neighborhood objections voiced at the Planning and Zoning meeting. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available vt ¡J ffij~ City Ma.nager . Finance Director Page 1 of I Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1861 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE NO. 1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF NORTH RICHLAND HILLS, JANUARY 9,1984. AFTER APPROPRIATE NOTICE AND PUBLIC HEARING, THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED, that on Case Number PZ 92-36, the following property shall be rezoned from R-2 Single Family Residential to C-2 Commercial: BEING Lot 6, Block 23, Clearview Addition, Third Filing, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-25, Page 100, Plat Records of Tarrant County, Texas. This property is located at 7920 Maptewood Avenue. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 12 DAY OF NOVEMBER, 1992. Al ij ~ . 'j/ (,,1. 1 . Såcretary, Planning and Zoning Commission ~------:>.J:x-7 í"-'--\ , 2--;:-......- .~ "::j .~7'~:; Vice-Chairman, Planning and Zoning Commission BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NUMBER PZ 92-36 IS HEREBY REZONED C-2 COMMERCIAL THIS 14th DAY OF DECEMBER, 1992. ATTEST: Tommy Brown, Mayor City of North Richland Hills, Texas Jeanette Rewis, City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY Attorney I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 5 12 November 92 str ts. and that the developer and himself should get with Greg Dickens to w out any conflicts that may come up before this replat goes to City Counci. He stated the other comments were stipulated in the zoning, and they not need to be replicated on the plat. He stated they were there for in ational purposes. Vice-Chairman rfield stated that the access across the front of the property and acce from the frontage road should be resolved before the plat goes to Cou il. to approve PS 92-34 with the stipulation that an agreement is work out with City Staff concerning public access to this property. The motion s seconded by Mr. Bowen, and the motion carried 6-0. 5. PS 92-35 Request of Rufe Snow/Loop 820 for Addition. This property is located at th Drive and NE Loop 820. ¡nal Plat of Lot 9, Block 4. Tapp orthwest corner of Rute Snow Vice-Chairman Barfield stated that this is an 0 arcel that is too small to build anything on. He stated it will probably be sed for signage and landscaping. He stated it is currently unplatted, an is is basically a housekeeping issue. He stated that the engineer1s ha 0 comments on this plat. Mr. Baxter made the motion to approve PS 92-35 as present 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 Lot 6, Block 23, Clearview Addition from its present zoning classification of R-2 Single Family Residential to C-2 Commercial. This property is located at 7920 Maplewood Avenue. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak in favor of the request to come forward at this time. Ms. Myrtis Byrd, 7924 Maplewood Avenue, came forward to speak. She stated she is seeking the zoning change in order to have the zoning consistent with Byrd's Automotive. She stated the property is being used to park cars, and that is all it can really be used for. Ms. Byrd presented pictures taken before and after the improvements to the lot were made. She stated they have lived here since 1951. She stated they stress image at their place of business. She stated she would answer any questions the Commission might have. Mr. Moody asked Ms. Byrd how long they have been at that location. Ms. Byrd stated since 1971. She stated it was zoned commercial when they bought the property. Mr. Bowen asked if there was a sight-barring fence along the back property line. Ms. Byrd stated there is across part of it. Mr. Bowen asked if it were fenced where it bäcks up to the residences. I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 6 12 November 92 Ms. Byrd stated there is a fence. but it is not wood. Mr. Bowen stated that if the property were zoned commercial, a sight- barring fence would be required. Ms. Byrd stated that would be no problem. Mr. Wilson asked if there are any other plans for that property other than the parking lot. Ms. Byrd stated no. She stated the shape of the lot makes it difficult to do anything else. Mr. Wilson asked if the reason she was seeking the change was to make the zoning the same for all her property. Ms. Byrd stated yes. that it should have been done years ago. Vice-Chairman Barfield called for anyone else wishing to speak in favor to come forward. There being none, he called for those.wishing to speak in opposition to come forward. There being none, Vice-Chairman Barfield closed the Public Hearing. Mr. Wilson asked if there was a reason why, in 1982, they made this property C-SU. Vice-Chairman Barfield stated that had to do with a grease rack on the back portion, and they got special permission from the Council to do that. He stated they had a hydraulic lift and a car wash. Mr. Wilson stated if they approve the change, then any use allowed in C- 2 could go on that property. Vice-Chairman Barfield stated there is a lot of Commercial around the property. He stated it will probably never be used for residential, and should be zoned for what it is used for. Mr. Bowen asked Ms. Byrd if she was still using the lift. Ms. Byrd stated yes, but they have a steam cleaner not a car wash. Mr. Moody made the motion to approve PZ 92-36. He stated he understands Mr. Wilson's concerns about other uses being allowed. but that should not be a reason to deny the zoning at this time. Mr. Bowen seconded the motion, and stated that the only successful use for that property would be associated with Byrdls Automotive. Vice-Chairman Barfield stated that there has been considerable tension regarding this property over the last several years. Mr. Wilson stated that with the specific use in place, there is really no problem with the situation as it exists. He stated there are homes next to the property, and someone could come along in the future and put anything that is allowed in C-2 on that property. He stated he would not want to see C-2 next to his house. I Ie I I I I I I I Ie I I I I I I I Ie I PZ Minutes - Page 7 12 November 92 Vice-Chairman Barfield called for a vote on the motion. The motion carried 4-2. with Vice-Chairman Barfield. Mr. Bowen. Mr. Miller, and Mr. Moody voting for; and Mr. Wilson and Mr. Baxter voting against. Mr. Bowen asked if the specific use permit will carry with the property. Mr. LeBaron stated it would go away. STAFF REPORT Mr. LeBaron stated that with the number of items coming up. if the Commission would consider meeting on November 24th. He stat not, the next meeting would not be until December. CITIZEN COMMENTS Susan Vagi, 2962 Volga Court, came forward to speak. She st would possibly be replatting some property and had some que Vice-Chairman Barfield asked if they could hear this without . an agenda. Mr. LeBaron stated they could hear it for informational p could not take any action on it. Vice-Chairman Barfield stated that this individual has everal acres at Crane Road and Martin Drive. He stated Ms. Vogl uld be deeded a portion of the property to build a house on, and the roperty is not properly platted. He stated the question is what do with the widening of Crane Road. Ms. Vagi stated they told they would have to ay for the widening to Crane Road if they replatted. She stated t y wanted to start building while the platting was in process. She as if their paying to widen Crane Road could be waived or if they h (j to sign a covenant for the widening. Vice-Chairman Barfield stated the i rovements on Crane Road for the near future have been done, and t chance of any immediate improvements is pretty slim. He ated it has been policy that the City would require either escrowed f nds or a covenant for the improvements. Ms. Vagi asked if it were sible to get it waived completely. Vice-Chairman Barfield ated probably not. He stated most other people along Crane R d in similar situations have signed covenants. He stated anytime s eone develops property along an unimproved road, it is City pelie to require either escrowed funds or a covenant for the improvement Y could sign a covenant rather than escrow funds. She t to start building now. Mr. LeBaf stated Ms. Vogl and her husband should come down and talk with m and Greg Dickens about what they could be able to do in this situ ion. He stated they could not get a building permit with the prope being platted. Vi -Chairman Barfield stated they could probably get a building permit I Ie I I I I I I I Ie I I I I I I I Ie I FACT SHEET Case No. PZ 92-35 Hearing Dates: 11/12/92 PZ 12/14/92 CC REQUEST: R-2 to C-2 APPLICANT: Claude Byrd PROPERTY OWNER: Same SIZE AND LOCATION: Approximately 0.3 acre lot located at 7920 Maplewood Avenue. PROPOSED USE: Parking area for auto garage operations ALLOWED USE: Automobile and Truck Repair SITE CHARACTERISTICS: Fenced lot with concrete paving. ADJACENT ZONING/LAND USE: North: South: East: West: R-5-D/C-1: existing duplex and strip shopping center C-2: existing automobile and truck repair (Byrd's Automotive) C-2: existing automobile and truck repair (Byrd's Automotive) R-2: existing single family homes (Clearview Addition) DRAINAGE: According to the Master Drainage Plan for the City, this property does not lie in a flood prone area. THOROUGHFARE PLAN: This property has access off of MaplewQod Avenue, classified as a C2U thoroughfare, a Minor Collector, 2-lane, undivided roadway. If this request is approved, minimal traffic impact is expected. LAND USE MASTER PLAN: It is difficult to determine whether the Land Use Plan calls for residential or commercial use on this particular lot, since it sits on the cusp between two proposed land uses. However, in light of the existing commercial nature of the lot, it would be best served as limited commercial use. I Ie I I I I I I I Ie I I I I I I I Ie I ZONING HISTORY: This property has quite an active zoning history. 1967 This property was originally zoned 1 F-9, a single family district very similar to the current R-2 district (9,000 square foot lots). PZ 73-18 Request of O.D.S. Construction company for a specific use permit to store surplus building supplies and materials. Request was approved. PZ 75-20 Request of First National Bank of Hurst to rezone the lot back to 1 F-9. The Bank had acquired the property through a sale, and the original specific use perm it expired. The request was approved. PZ 81-32 Request of Claude Byrd to rezone the lot from 1 F-9 to Commercial. This request was denied by the Planning and Zoning Commission, and, on appeal, denied by the City Council. PZ 81-44 Request of Claude Byrd to rezone the lot from 1 F-9 to Commercial with a Specific Use Permit for a parking lot. Request was approved. PZ 82-24 Request of Claude Byrd to rezone the lot from C-8U to Commercial. After receiving the SUP for the parking lot in 1981, Mr. Byrd installed a hydraulic lift to service and wash cars. The City took action to stop the use, so Mr. Byrd applied for rezoning. The request was denied by both the P&Z Commission and the City Council. 1984 During the overhaul of the zoning ordinance and the map, the property was rezoned to R-2, but the Specific Use Permit remained in effect. The property is currently zoned R-2 with a SUP for a parking lot. PLATTING HISTORY This property was platted as part of the original Clearview Addition in 1961. There have been no subsequent replats. -i j) I þ c f\) - "I 'I '--" I (\) I :D J...; 0 :0 CD "-\ H I > ...,.J \)CJ I J> lO \:1:- I 1> ::c -n , to -::D '-J H I L._______~ ru \\\ \\\ I ;::IJ \ I ¡-------, r.J ';:~I"'\(""' GrBBC H w a I I I ~ I '.J , I (\) w I \ -1 OJ r\J ~ I .,..., I H r'-i ~ I I ~ I IJ I w n i CJ) I :r: I U1  I .,., I w I ~ 0 ro w ~ i) L_______..I 0 0101 I ~ 0 U1 ; 0 '" ~ 0  '....n I ./ ~--------- lO / >\ 0 ~ V f\) IJ '.J 01 \. // '\ / "'- U1 CD Ul ~ r\J / < "\ / / \ ru ~ I a1 ru // w '.J 01 W :IJ / CD / / ';~JC GROVE / ~ f\Y .û /\ c a /(ß CD a / "', ~ ~ to CD '-J // \, CD '" W JJ ~ [\) en 1> [\) 0 -i }> 0 Ul Z w 0 r ~ ~ m ~ À -< ~ w llt ru U1 f\) "'( 'J") -:11 '-.J I" / '- , , ¿/ JOREEN DR. I 'J:) \ [\) a  a \ a \ \ ru [\) Ul [\) en J> ~. ~ W ru 01 "-J ~  f\) Ul CD ~I ~ /' ~ Ul f\.) to  CD / r\J I ~~ :IJ I "- w I ~ ~ 0 ~ :IJ JJ 5100 5000 ~ ~ CD '-.J m À U1 01 :D JJ :IJ -~-9 .....-<::0 ".{'./ ~o- <<,~ 0/7 'cf" C -p c:::::' c:::::::> U-,ô ~ ~ -p -"---/ c5: <,>- ~ ~ V'.¿>- " PLAT OF LOT 6. BLOCK 23, CLEAR VIEW ADDITION, 3RD FILING, TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUll'l'Y, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388-25, PAGE 100, PLAT RECORDS, TARRANT COUNTY, TEXAS I· Ie ;1 II I I I II 'I ile ¡ 'I I N ¡I J 11 I ; ¡ ~ ~ ~ ~ ~ ~ "" ~ fP , £ (~9'¿?" '0 ENCROACHMENTS OTHER THAN SHOWN _A.. LEGEND· .....{\.*.9':..fi.:" ~.... "'..~",' . I RO N P' N ;. ... . '-. *' f e 0 ... · .'. .. · · · · · · · · . · · · · · · ,.. . ., ~ I RON PI PE . . LO '(:. r.1" ANSOM 1 I A 801 S D' ARC 5 T A K E ,. · . :. · . · · · . ,. , . . . . . . . '. .. , J . 953 . ; 0 CONCRETE MON '·t·, . . ..~f J -X-X- FENCE ....";..!....,'..~.¡~ f ¡ . 'I ....... ~~ . ; -II-II-POWERLINE .,C SU~þ :1 '.- . -T-T- ~ êc. EPHON E LI N E 81-1505 II <:::J ~-- ¿::...-- ~ ~ l~<j ",> \ ~. ~ ~ ~~ ~\~ ,,~ J....rr 'J LOYD BRANSOM SURV'EYORS INC. REGISTERED PUBLIC SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH I TEXAS 76111 834-3477 OA TE I 00 HER E 8 Y C f H T I F Y T HAT T HIS M /~ ~ ! S T RUE " CORRECT A"'~EYED ON THE GROUND. ~ ~-~---- ?_ y_ R; .LO": BRANSOM bB"-IT, ' _I~ T ..HF$l R-1-M~~~'~ .. ?FI I D .."e ~'OO:T . ~- 1 5 .1 - . 1" .1'T. .'CHL'" I DO~.JD T h~~l- -- ~ë~ 1-' ~ ' J-' 1cr-1 "~ T JÞ-i&~- 1i~~3fu~~~ ~\ 'J?';:::.~ _ ~~ I åH 11" J:1 Il~J ~ I~ ~ J _ -- .. '~I I 1 J1"'1 I ¡ 1'5,- AG ~ I I ,~~- ~~= 0:..0 ,_ PD r'1! I ;'~'~ ,.,'" - F.P. I .. r--~~- ~ ,I 1111"1 I; 11- 1 Þ I ,~ 'Ÿ "\3 Th' ' ~ ' \ No I I = I ~~ C 1 l-lr ~~ r-l'T'1~T"'" ........-' - ' '" . - I ' H :=~ I I : I 11 ,~ il-ìt Ie I 1-' ",-- 'I, T 1 ~! , C-2 C-t- * l~B II I I..\Y! l... ~iii¡=~ IO~A" -.r:: \ .\V" 1413 5 U L~iJifJJJ! 'I >t' ! 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C-,~ ~17I'" , -- :-.{-" ,:- r.. r r- I' _~ [[~ ' L~ ~~i2iiIC' ~ot-I~" LA()ootW. "L \~ i.Y ~ ~ ~ ,'" \ ~, ... ... " w-I,i; 1st, C ~\ ~ ,'II OoTc"~Iio"~ l '24' t/'t- C-2 1r""T T ~/ L r,P-'" : '~tI ~~ ,-'," HIGH....,. L~ 'C-I ,,? C-2 o.i 06 ~ - - 'C-IS U ,¥o~\ ~~~~ ~ -i ~~·C-:S ~..,,7 ~ \ '~'" SU:'v~;¡~ ~?C:~~2.J.t-~ ~~... 820 ~~. ~~ C-I ~ C 2 l' '^ FE8 21,89 154O,154t,1! 11___- -" 'I t- O LIJ- __ _ \) 'i' t- \ r 1544.154S, - - ~ ~"" ~ I - '-- I> \ " , - 1S56,I55~1' to IT.E7~ ~ ',~~, C-I ' ::; ==[ PO ' 1563.1564,1 ¿£~rwl ~ 6 c ~ ~ l C-I .....·H.. ~',', ,""D ·f' " PO >-§ U \ , _>--- D dsu. ~ \ \ L :: 1275 0 f ~ Iã.I - ~ Ii) - . ,,'V \ C'~.y"'O~ ,,( J JI H >---- r,+ ~ ) r \ F ",t- <).v'" I~ I ~ _Þ- ~...-- l- V C-I \ \ , I~ -, t =:J -I- ~ \ , rrmn'" ~-~ ~ ~ \ \ 11 I ~l ~ - =~ = R-7-~ ~ I /. <9"; " " " ' ~. ~ ID.:::::;::: ~O~;..vù ~I 1> >--... 'Ii.. - ~ ~ 111~ 1_ u,-- \;, ....- ~~ -~ CIL"'''- "1'11 iüI - : 4 I à C ' ,.... I - lï"1ii1n .... LR iiiiiiiiiììiiì "' '<c ~ ·1 ~ It r ¡LUI""U-" SUe l ~ ,_ œn . -::\fF .'V1 I. , ....-po T 1573, 1~76,1 DEe 14,89 155~1600,1 161ð,1619, IE 1626,1637, ~L Y 8,90 1651, 1655, o co 1674,167f APRIL I, 91 1683,168E 1709,172C 4 . ~ % . \ ~ . I , ~ ~epartment: I Subject: I I I I ~ CITY OF NORTH RICHLAND HILLS City Secretary Council Meeting Date: 12/14/92 Agenda Number: GN 92-136 Appointment to Teen Court Advisory Board Place One on the Teen Court Advisory Board is a high school student. This position is currently vacant. Ms. Amber Peck has been recommended to fill this position. Recommendation: It is recommended that Ms. Amber Peck be appointed to Place One on the Teen Court Advisory Board, term to expire June 1, 1993. I I I ~ , , I I I Finance Review Bonds (GO/Rev.) Operating Budget Other. - :¿It( J~ 9 ¿¿~l~~~ Signature I ~ty Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: .Ubject: Admini&tration Council Meeting Date: 1? / 1 4/ q? Teen Court Coordinator's Contract Agenda Number: ~N q? - 1 17 In November of 1991 the City Council approved a contract to fill the position of Teen Court Coordinator. The Teen Court Advisory Board is extremely pleased with the vendor, Ms. Nancy Kirkland.. The attached contract is basically the same as last year. The exception is that the contract will remain in force until either the City or Ms. Kirkland cancels the agreement. It will not be necessary to renew the contract annually. Recommendation: It is recommended that the City Council approve the attached Teen Court Coordinator Contract and authorize the Mayor to execute on behalf of the City. . Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget ---X- ..Other n - lJ~~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ·1 J -/ Ie Ø//~ City Manager . Finance Director Page 1 of I Ie I I I I I I I I- I I I I I I I Ie I STATE OF TEXAS ) ) COUNTY OF TARRANT ) PERSONAL SERVICES CONTRACT WHEREAS, the City of North Richland Hills, Texas (city) wishes to engage the contract services of Nancy Kirkland (vendor) as a part-time "Teen Court Coordinator"; and WHEREAS, the said Vendor and City agree that the services shall be provided as an independent contractor pursuant to the terms of this contract. 1. Vendor agrees to coordinate the overall activities of the Teen Court Program of the City, which includes recruiting, training and supervising youth and adult volunteers as well as overseeing docket scheduling, trials and case disposition. 2. The Council agrees to pay Vendor the sum of $18,000 for these services at the rate of $1,500 per month. Vendor shall submit invoices requesting payment for services, which shall be paid within fifteen days after receipt of invoice. 3 . Vendor agrees to coordinate her services and the activities of the Teen Court Program with the Teen Court Advisory Board, and the Clerk of the Municipal Court. 4 . Vendor shall not drive a City funded or owned vehicle at any time. 5 . Vendor shall not be considered an employee and the City will not withhold income tax or social security taxes. 6. The City is interested in development of a program for the benefit of juveniles and the benefit of the City and its inhabitants and is not concerned with details of how the program is developed. The vendor shall be considered an independent contractor for all purposes. I' Ie I I I I I I I -- I I I I I I I Ie I 7 . Vendor shall file reasonable written reports on activities of the program on a timely basis when requested by the City Manager, Teen Court Board or Court Clerk. 8. Either party may cancel this agreement by giving the other party 90 days written notice. Signed this _2nd___day of December 1992. 1 '-! {tit Vendor \) CITY OF NORTH RICHLAND'HILLS By: Mayor STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the 2nd day of December, 1992 by Nancy S. Kirkland. - - .....,,~·.·.,i'''~;;·'I.,',1 ~ r~ .'...L~\' -(. AA " , ~~ ~...,~t'~Y ~~"1.~, ~ \. ¡ /'i!> ~};:~~ \ Notary in and for the State of Texas :: : ~ þl~ OJ = \~."'~~~'-". ¡ conunission Expires: ~~ ~..:Äb ~ '" .. .... ,~~,~ """, tR 1, \\",~..... . (, 'r..,t.,," ,,\ \ ~. : ,,~. ~ , I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Community Services Department - Council Meeting Date:12-14-92 Subject: Tree Plantinq Grant - Resolution No. 92-56 Agenda Number:GN 92-138 The North Richland Community services Department recently applied for and received a tree planting grant. The grant is administered through the Texas Forest Service and the Texas Urban Forestry Council. The grant total is $2,500.00 and is a matching grant. The approved grant allows the city's portion to be matched by "in-kind" services in lieu of matching dollars. The City's "in-kind" contribution is 261 manhours over a three year period and $500 cash for fertilizer, pesticides, etc. This contribution can be made from existing resources and no additional funds or personnel will be needed to meet the provisions of the grant. Therefore, it will not be necessary to make any special appropriation. The purpose of this grant is to plant trees on land owned or controlled by the state or local government by obtaining services or supplies from small business owners. The North Richland Hills project proposal consists of planting 26 trees on the medians on Industrial Boulevard at the corner of Browning, which is one of the City's four main exits off the highway. The City of North Richland Hills' "in-kind" matching portion will be to provide three year maintenance period of watering, pruning, pest control, and fertilizing the trees. The grant project and application was coordinated and prepared by Tim Hightshoe, Public Grounds Supervisor. The Parks and Recreation Board and Beautification Commission have endorsed this grant project. The attached resolution authorizes Staff to execute the necessary agreements, commit "in- kind" services, and grants permission to plant trees on publicly held land in North Richland Hills. RECOMMENDATION: The City Council is requested to act upon the Parks and Recreation Board and Beautification Commission's endorsement of this project and adopt attached Resolution"No. 92-56. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~t:-~ ,~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available yJ -;eft ~ . -- City Manager . Finance Director Page 1 of I Ie I I I I I I I II I I I I I I I , I RESOLUTION NO. 92-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS AUTHORIZING THE APPROPRIATE REPRESENTATIVE TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "SMALL BUSINESS ADMINISTRATION-CHALLENGE GRANT REQUEST" AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION AND AUTHORIZING THE PLANTING OF TREES ON PUBLIC PROPERTY WITHIN THE JURISDICTION OF THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the Small Business Administration Appropriation Act, Public Law 101-515, was signed into law November 5, 1990; and WHEREAS, section 4 of that legislation amended the Small Business Association by adding section 24 authorizing the administrator to make grants to any state for the purpose of contracting with small businesses to plant trees on land owned or controlled by such state or local government; and WHEREAS, Governor Ann Richards designated the program responsibility to the Texas Forest Service in June of 1991; and WHEREAS,· the City of North Richland Hills is eligible to participate in this program and has successfully submitted a grant application in the amount of $2,500.00, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: section 1: That the City Council hereby authorizes the Director of Community Services to execute all agreements associated with the "Small Business Administration" grant with the Texas Forest Service. section 2: That the City Council commits to providing its share of the project costs through "in-kind" services as described in the grant application. section 3: That the city Council endorses and permits the planting of trees on public property under their jurisdiction in the city' of North Richland Hills. Passed and Approved this , 1992. day of Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary I I.~epartment: . Î Subject: I I .~ CITY OF NORTH RICHLAND HILLS Management Information SYSTA~9 Public Hearing on Sammons Cable Frânchis8 R8n8wâl Proposal Council Meeting Date: 12 /14 /92 Agenda Number: ~N q? - 1 ~ 9 On November 9, 1992, Staff presented to City Council GN 92-131 requesting authorization to conduct the final public hearing on the Cable Franchise Renewal Proposal. The notice of the public hearing on this date has been properly advertised and posted. It is proposed that the public hearing be opened and all interested parties be given an opportunity to speak. The hearing should then be closed, and action! should be taken on the Sammons request for a franchise renewal. The Council is requested to take into account the following fact situation: Federal Law prescribes four areas of 'consideration for approval or denial of a franchise renewal request. They are as follows: A) has the cable operator substantially complied with the material terms of the existing franchise and with applicable law; B) has the quality of the operators' service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, been reasonable in light of community needs; C) does the operator possess the financial, legal, and technical ability to provide the services, facilities and equipment as set forth in the operators' proposal, and I D) is the operators' proposal reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests? Sammons' proposal provides services and equipment valued at $95,000 for BISD. It should be noted that this is for schools throughout the system, not just those in North Richland Hills. Sammons has also agreed to provide equipment for BISD valued at $22,400. In addition, Sammons has agreed to contribute $50,000 to North Richland Hills to be used at Citicable 36 for needed equipment. A copy of Sammons' proposal' and related correspondence' is attached. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~¡' J/At/l Department ead Signatur'é CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available .- I / /, ,-. . Finance Director ~} Ÿ/, // //,,' . ~' C ~ / ./,i~ v I 'f~ /'-"-, City Manager Page 1 of I: Ie I I I I I I I It I I I I I I I f I ~ Page Two It is the Staff's opinion that there is no basis for denying the Sammons Communications, Inc. cable franchise renewal proposal under the only criteria which Federal Law allows us to consider, as listed above. Further, it is our opinion that the proposed franchise is a good one, taking into account the interests of the consumers, the City, BISD and Sammons. Recommendation: It is recommended that the attached proposed franchise, expiring January 28, 2007, be approved. I Ie I I I I I I I Ie I I I I I I I Ie I 12/07/92 11:30 ~ 817 738 7472 SRMMONS FT WORTH 02 SAMMONS CABLE SERVICES P.O. Box 2666 F()k'r WC)RTH. TGXAS 76113 (H 17) 737-473 I December 4, 1992 Dr. Dale Gaskill, superintendent B1rdv111e Independent School District 6125 East.Belknap Fort Worth, Texas 76117 Dear Dr. Gaskill: This letter will contirm our otfer to provide certain video production equipment to the Birdville Independent School District as outlined on the attached list. This letter will further clarity that as part of the franchise proposed for the City of Nort.h Richland Hills, the Biràville Independent School District video proqramming will appear as part of the consumer network tor viewinq by all subsoribers in the interconnected communities. Sammons trust that this explanation is the required information. We are lookinq forward to the publ ic hearinq on December 14, 1992 and would hope the franchise will be renewed for the benetit of our suÞscriDers, BISe, the City of North Richland Hills and Sammons Communications. Sincerely, ~rl1 Tom Soulsby General Ma TS:hpr Attachment cc: Rodger Line, City Manager Geary stills, Vice-Presiäent Heather Kreager, Esquire 12/87/92 11:313 I Ie I I I I I I I Ie I I I I I I I Ie I It.m 2 1 1 2 1 1 2 1 1 1 Z 817 738 7472 SRMMONS FT WORTH 03 TWO CAMERA OPERATION Quantity G.n/~ock color C..era. Production Bwitcher Audio Mixer Tripods Pro L1C)ht Kit Matching transformer (for p.a. system) 5" Color monitors Anvil Ca.. for equipment Audio/Video Cabl.. S-VHS Rac/Player I I . _ I I I I I I I Ie I I I I I I I I_ I Novenlber 3, 1992 Mr. E. O. Jackson, Jr. and Members of the Cable TV Board City of North Richland Hills 900 Summit Avenue Fort Worth, Texas 76102 Dear Mr. Jacksol1: On Friday, October 30, Mr. TOIlI Soulsuy of Sanl111011s Cable Services visited with Ine and stated that he and his company would be pleased to donate the attached list of equipment to the Birdville school district in addilionto all of the other selvices listed in the original agreelnent. I believe Mr. Soulsby estinlated the value of the equiplnent on the list at approximately $20,000. Mr. Soulsby menlioned that with this equipment, the proposed inter-connect, connection to Haltom High School, and other selVices in the original agreement, the Birdville district could reach its goals as stated in our recent meeting with tile Cable TV Board. ' '.' ',,' As I stated at that tinle, the Birdville school district sincerely appreciates the effol1s of all concerned to provide services for our students and conulllmity. It is our intent to provide all inforl11ation requested \vhilc respccling the dccision-ll1aldng responsibilities of tlle Cable TV Board and tile city council. We appreciate the invitation to attend the meeting on October 19. Please call me if we may provide any additional i.nfol111ation for your decisions. Respectfully, Dale Gaskill Superintendent c Rodger Line Tom Soulsby I Ie I I I I I I I Ie I I I I I I I Ie I TWO CAMERA OPERATION Item Quantity 2 1 1 2 1 1 2 1 1 1 Gen/Lock Color Cameras Production switcher Audio Mixer Tripods Pro Light Kit Matching transformer (for p.a. system) 511 Color monitors Anvil Case for equipment AUdio/Video Cables S-VHS Rec/Player I Ie I I I I I I I I- I I I I I I I Ie I AN ORDINANCE GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., A DELAWARE CORPORATION, ITS SUCCESSORS OR ASSIGNS, TO OWN AND OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE. WHEREAS, it is the mutual desire of the City of North Richland Hills and Sammons Communica~:ions, Inc. to adopt a cable television franchise on the terms and conditions set forth herein. NOW, THEREFORE, it is hereby resolved by the city of North Richland Hills that the following Cable Television Franchise Ordinance be and the same is hereby adopted. SEcrrrON 1: may be cited as Ordinance." Short Title. t.11e "Sammons This Ordinance shall be known and Communications, Inc. Franchise SECTION 2: Definitions. For the purpose of this Ordinance che ~ollowing terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the ..:·<:;~nt2xt, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of North Richland Hills in the State of Texas. (b) "Company" is the grantee of rights under this Ordinance awarding a franchise, being Sammons Communications, Inc. (c) II Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Cable Television System" or "System" shall mean a system of antennae, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing audio, video and other forms of electronic or electrical signals located in the city. (e) "Gross Subscriber Revenues" shall mean the gross amount received from the operation of all facets of the Company's business arising from operations within the city. Such gross receipts received from the operations of all facets of the Company's business arising from operations within the City include, but are not limited to, fees received for monthly service, installation, reconnection, relocation, special services, 2-way service, leased access and advertising. --.._--.- - - ,._..-~---- I Ie I I I I I I I I. I I I I I I I Ie I SECTION 3: Qualifications of Grantee and Grant of Author- ity. A public hearing concerning the franchise herein granted to the Company was held on at o'clock at the Public notice of said hearing was given in the on , which notice invited interested parties to participate in said hearing and comment upon the legal, character, financial, technical and other qualifications of the Company to operate a Cable Television System in the city. Said hearing having been held on the date and place stated hereinabove, and said hearing having been fully open to the public, and the City having received at said hearing all comments regarding the qualifications of the Company to receive this franchise, the City hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications, and that therefore the city hereby grants to the Company a non-exclusive franchise, right and privilege to construct, erect, operate, modify and maintain in, upon, along, ~C-0SS, above and over and under the highways, streets, alleys, 51dewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the city, poles, wires, cables, underground condui ts, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a Ca})le Television System for the purpose of distributing television and radio signals and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. SECTION 4: Franchise Term. The Franchise granted the Company herein shall terminate January 28, 2007. The Company shall be entitled to apply for franchise renewal pursuant to the procedures described in the Cable Communications Policy Act of 1984. SECTION 5: Payments to the ci ty. The Company shall, during each quarter of operation under this Franchise, pay to the City a quarterly sum of five (5%) percent of the Gross Subscriber Revenues received by the Company from operations within the City for the prior quarter. In the event a greater amount is permitted by law, the Company shall pay such amount to the city. At the time of payment, the Company shall furnish the City with a report showing the Company's quarterly Gross Subscriber Revenues during the preceding quarter. Each quarterly payment will be made to the City within 30 days after the end of each quarter. Such sum shall be compensation for the rights, privileges and Franchise and in consideration of permission to use public streets and ways within the City and in lieu of street and alley rentals and charges for supervision for use of public streets and ways within the city. 2 .... I Ie I I I I I I I I- I I I I I I I I- I SECTION 6: Records and Reports. The Company shall keep full, true, accurate and current books of account reflecting Gross Subscriber Revenues, which books and records shall be made available for inspection and copying by the City's designee at· all reasonable times subject to the privacy provisions of the Cable Communications Policy Act of 1984. SECTION 7: Rates. Attached hereto and made a part of this franchise as Exhibit A is a schedule of current rates for basic cable television service. Such rates may be increased or decreased by Sammons from time to time. SECTION 8: Complaint Procedures. The Company shall maintain an office near the City open during normal business hours and accessible by a toll free telephone number 365 days a year, 24 hours a day, to receive service complaints. Such complaints shall be responded to within 24 hours excepting delays resulting from Acts of God, strikes or other circumstances beyond the control of the Company. Any service complaints from subscribers shall be investigated and acted upon as soon as possible. The Company shall keep a maintenance service log which will indicate the nature of each service complaint and the time and date thereof. This log shall be made available for periodic inspection by the City. SECTION 9: Liabili tv and Indemnif ication. The Company shall pay, and by its acceptance of this the Franchise the Company expressly agrees that it will pay, all damages and penalties which the ci ty may legally be requ'ired to pay as a resul t of the Company's negligence in the installation, operation or maintenance of the Cable Television System authorized herein. The City shall notify the Company's representative within fifteen (15) days after the presentation of any claim or demand to the City, either by suit or otherwise, made against the City on account of any negligence or contract as aforesaid on the part of the Company. The Company further agrees as follows: (a) Company shall carry Worker's Compensation insurance, with statutory limi ts, and Employer's Liabili ty insurance wi th limits of not less than One Hundred Thousand Dollars ($100,000), which shall cover all operations to' be performed by Company as a result of this Ordinance. . (b) Company shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) per occurrence, and property damage limits of not less than Five Hundred Thousand Dollars ($500,000). (c) Company agrees to furnish city with certificates of insurance of said policies, which shall provide that insurance shall not be cancelled unless ten days' prior written notice shall first be given to city. 3 I Ie. I I I I I I I I~ I I I I I I I Ie I ~ (d) It is expressly agreed and understood that the Company is an independent contractor and in no event shall Company's employees be deemed to be employees of the city. SECTION 10: System Construction. Maintenance and Procedures (a) Upon grant of this Franchise to construct and maintain a communi ty television system in the ci ty, the Company may enter into contracts with Light, Gas and Water divisions of the City, any Public utility companies or any other owner or lessee of any poles located within or without the City to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the System, obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdictions to supply main trunk lines from :he Company's receiving antennae, obtain permission from the Federal Aviation Authority to erect and maintain antennae suitable to the needs of the System and its subscribers and obtain whatever other permits a city, county, state or federal agency may require. In the construction, installation and maintenance of its System, the Company will use steel, cable and electronic devices, all of specialized and advanced design and type. In the operation of its System, the Company will employ personnel with training, skill and experience in electronics and communications. Neither material nor personnel of this sort may be available to the Company for its System in the event of a war or other similar national emergency. (b) The Company's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere wi th the lives of persons, or interfere with any improvements the City may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property, and shall be in compliance with all National Electric Code clearance requirements. (c) Extension of service shall not be required into an area which does not meet the requirements set forth in section 11 of this Franchise. (d) All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adj oin any of the said streets, alleys or other public ways and places. 4 ; .... ~'.. ,- I Ie I I I I I I I I. I I I I I I I I- I (e) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said work was commenced consiàering the nature of the work. (f) In the event that at any time during the period of this Franchise the City shall lawfully elect to alter or change the grade of any street, alley or other public way, the Company upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (g) The Company shall not place poles or other fixtures where the same will interfere with any properly located gas, electric or telephoIle fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be Dlaced at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such manner as not to interfere with the usual traffic on said streets, alleys and public ways. (h) The Company shall, on the request of any person holding a building moving permit, issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of sech temporary removal, raising or lowering of wires shall be paid by the person holding the same, and the Company shall have the authority to require Sl"·-.:h payment in advance. The Company shall be given not less tllan 5 business days' advance notice to arrange for such temporary wire changes. (i) The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company. (j) The Company shall operate, at all ti.mes throughout the life of the Franchise, its cable system with the capability of immediately interrupting signals as may be necessary to provide civil Defense and disaster service information. The ci ty' s head of the civil Defense shall activate the override in the event of civil Defense needs or disaster. The Company shall not be liable for any loss related to the City's use or nonuse of the override. (k) The Company shall provide, throughout the life of the Franchise, one educational access channel for the Birdsville Independent School District ("B1SO"), one channel 5 ~=r...~..c.c. ,. -'1- . ·~'.~"'~"""--.j'=~';'¿'~~~~~~~~""~~..~.....-.r~~..~"~,~..J;...~~.."I~""'t.-~~.~...... rw...-u't. ...~ ......... ~-y......... v~n~..~ ~~-;.A"rr:.~., ........;K'~, ~_ ~~ - I 1'1 I I I I I I I -- I I I I I I ~. I I for the Tarrant County Junior College and one governmental access channel. Sammons will provide a modulator and cable lines connecting the production facilities of the BISD (a single location) to the upstream system. within 90 days after BISD begins LIVE, programming on the system from the BISD production facilities, the Company shall provide service, as described in section 10(e) below, to Haltom High School. (1) The Company shall, without charge for installation, maintenance or service, make a single standard installation and provide basic service to such outlet in each public school and city owned and occupied building within the city. Additional expenses shall be bourne by the institution or the city as the case may be. (m) The Company will cooperate with the City in any request by city for construction of an Institutional Connection Network serving all municipally-owned, or other public buildings in the city. Upon request by City, and at ~he city's expense, Company will construct an Institutional Connection Network approved by City at the actual costs to Company for labor and materials for the construction of the Institutional Connection Network. Once construction is completed, the City shall pay to the Company a monthly maintenance fee at the Company's then prevailing rate. (n) The Company shall notify all Cable System subscribers, in writing, at least thirty (30) days in advance of any change in cable service rates. The Company shall permit disconnection of any residential cable service, at any time, at no cost to the subscriber. (0) The Company will be responsible for maintaining the connection between City Hall and the library and between the library and the insertion point for program distribution to the city. The Company shall make a one time contribution of $50,000 to citicable 36 in lieu of any equipment or equipment maintenance commitments pursuant to this Franchise except for maintenance of the connections specifically stated in this section 10(0). (p) The Company shall maintain the Cable System in an effort to avoid unreasonable or repetitve interruptions in service to subscribers. Unless an interruption is unforeseen and/or urgent, Company will not interrupt service to make tests, repairs, adjustments or installations during the period of maximum subscriber use. (q) The Company shall file with the City within one hundred twenty (120) days of the end of its fiscal year, an audited financial statement of Company and an officer's certified financial statement of the system serving the city. 6 ~P' ~,"'~.I",Wli1.W'---~~ ..,¡ I Ii, I I I I I I I -.' I I I I I I -. I I SECTION 11: Line Extensions. To provide for a reasonable and nondiscriminatory policy governing extensions of cable service within the City, which policy was subject to public review in the public proceeding leading to the award of this Franchise, Company shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions. (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 250 feet of existing trunk cable; and (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 40 homes per mile of such new extension cable plant. (c) In the event the requirements of subsections (a) and (b) are not met, the installation cost per subscriber shall be jetermined as set forth in Exhibit B attached hereto. SECTION 12: Compliance with standards. All facilities and 2quipment of Company shall be constructed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code and such applicable ordinances and regulations set forth by the City and/or any other local, state or federal agencies. SECTION 13: Company Rules and Requlations. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this Franchise, and to assure uninterrupted service to each and all of its customers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of federal and state laws. SECTION 14: Procedures. The Company shall be a party to any proceeding in which its rights, privileges or interests would be affected and shall be fully entitled to due process rights. SECTION 15: Approval of Transfer. The Company shall not sell or transfer its System to another, nor transfer any rights under this Franchise to another without written approval by the city, provided that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the city an instrument duly executed, reciting the fact of such sale, assi~nment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof. 7 I 1'1 I I I I I I I I- I I I I I I ~. I I SECTION 16: Compliance with FCC Rules and Requlaticns. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV System and signal carriage therein. SECTION 17: Publication Costs. The Company shall assume the costs of the publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the appropriate City officials upon the Company's filing of its acceptance of this Franchise and the said publication costs shall be paid at that time by the Company. SECTION 18: Activities Prohibited (a) The Company shall not allow its cable or other operations to interfere with television reception of persons not served by the Company. (b) within the City, the Company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person, nor subject any person to any prejudice or disaèvantage, provided that nothing in this Franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled. SECTION 19: Separability. If any section, subsection, sentence, cla~se, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 20: Ordinances Repealed. All ordinances or parts thereof in conflict with the provisions of' this Ordinance are hereby repealed. 8 I I~ I I I 1 I I 1 I. 1 1 I I I I ~. I I BE IT FURTHER ORDAINED that this Ordinance take effect from the date it shall have been passed by the appropriate authoritative body, and become effective as otherwise provided by law. CITY OF NORTH RICHLAND HILLS ATTEST: By Mayor City Clerk Date: 9 I Itt I I I I I I I . I I I I I I ~. I I A. EXHIBIT A BASIC SERVICE RATES Primary outlet Installation 1. Standard Installation a. Aerial Underground where other utilities are aerial $ 45.00 $ 75.00 b. A standard installation consists of a drop of 150 feet or less from the feeder line to the customer's residence. In the case of an underground installation, a standard installation shall be less than 150 feet and shall not include those installations requiring conduit or cutting of streets, sidewalks or other paved areas. 2 . Non-Standard Installation Company's cost of labor and materials plus 10% B. Expanded Basic Monthlv Service $ 19.95 $ 7.95 c. Basic Monthlv Service 10 I- ' I. I I I I I I I . I I I I I I I ) ,i.~ EXHIBIT Ii Çj LINE EXTENSION FORMULA Sammons will extend its trunk and distribution system to serve new subscribers requesting service after the date hereof at the normal installation charge and monthly rate under the following terms and conditions. (a) Where the new subscriber or subscribers requesting service are all located within 500 feet from the existing trunk cable; and (b) Where the number of homes to be passed by such extension is equal to or greater than 50 homes per mile of such extension. In ~he event that the requirements set forth in (a) and (b) above ":'..L ~::, X10t met, Sammons will extend its cable television system based upon the following cost-sharing formula. 1) Total Cost to Construct Extension* Miles of Extension = Cost Per Mile of Extension 2) Total Cost Per Mile of Extension 50 = Company's Share Per Home 3) Total Cost to Construct Extension Subscribers Requesting Service Cost Per Subscriber 4) Cost Per Subscriber minus Company's Share Per Home Subscriber's = Share * Total Cost to Construct Extension is defined as the actual turn-key cost to construct the entire extension including electronics, pole make-ready charges, labor and the cost of the house drops. Sammons does not assess any additional cost for service drops of 150 feet or less. For drops greater than 150 feet, the subscriber must pay for the additional feet on a cost-pIus-labor basis. ~: I . Department: f'l\ubiect: CITY OF NORTH RICHLAND HILLS Administration Council Meeting Date: 12/14/92 Iron Horse Golf Course Management Contract Agenda Number: GN 92-140 The current management contract for Iron Horse Golf Course is in its third year. On April 1, 1993 the contract will start its fourth year. We have the option to cancel at the end of three years. Earlier this year there was a change in ownership in Recreational Services, Ltd. (RSL). Marty Streiff, founder and president, sold his interest to the Peterson family. This sale was negotiated in court-ordered arbitration. Our course continues to be managed under the guidance of RSL. We have felt for over a year that we could negotiate a new contract that would be more beneficial to the City. We discussed this with Marty Streiff while he was president of RSL and with Mike Lohner, current Vice President of RSL. On October 14th of this year, we received a proposal from RSL that would lower its fees and add other considerations for our benefit. The total of these reductions and considerations would be approximately $200,000 over the next five y"ears. We also received an offer from Marty Streiff and his new company, Proformance Golf. His suggested fees are much lower than those proposed by RSL. ~Iron Horse experienced poor greens conditions this y~ar. Three greens had to ~e resodded. This situation had a negative financial effect. The greens will have to be a number one priority of our management company. We feel this is the only real negative about Iron Horse. Iron Horse continues to be considered the top municipally-owned course in Texas and one of the best in the nation. For this reason we feel ~e should stay with RSL. The reputation and acceptance of Iron Horse causes it to be a desired asset to other golf management companies. In the past few weeks we have received inquiries from three such companies. They were desirQus of being associated with Iron Horse. If we were to follow this route we would need to notify RSL of cancellation of their contract. We would then need to advertise for "Requests for Proposal II . There are three major drainage repairs needed at Iron Horse soon. The RFP process could slow this down. Attached is the proposed management contract from RSL. Recommendation: Staff recommends that City Council approve the proposed contract renewal with RSL. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Butget ., Other Gu . ¿ja,¡k Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available l Rfl L~ City Ma~ager . Finance Director Page 1 of I Ie I I I I I I I -- I I I I I I I Ie I PERSONAL SERVICES MANAGEMENT AGREEMENT For the Management of Golf Course and Club House Operations THIS PERSONAL SERVICES AGREEMENT executed ,19_, is by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "City") and RECREATIONAL SERVICES, LTD., a Texas limited partnership ("RSL"). WIT N E SSE T H: WHEREAS, the City and RSL desire for RSL to manage and operate Iron Horse Golf Course and Clubhouse (which are sometimes hereinafter referred to as the "Facility") on behalf of the City. NOW, THEREFORE, for and in consideration of the covenants and agreements contained herein, the parties hereto agree as follows: 1. Term of Agreement. The term of this Agreement shall begin January 1st, 1993 (The "Start Date"), and it shall end on the fifth anniversary of the start date unless terminated by the City prior to that date. For the purpose of fee and volume calculations, this Agreement will start October 1, 1992. The City shall have the option to terminate this Agreement at any time following the third anniversary of the Start Date, which option may be exercised by giving written notice to RSL not less than ninety (90) days prior to the termination date determined by the City. 2. Services to be Performed by RSL. During the term of this Agreement, RSL shall operate the Facility, handling the collection and disbursement of all money, employing all employees, purchasing and selling food, beverages, merchandise, supplies and services, purchasing insurance coverage, handling disputes with third parties, collecting and paying appropriate taxes, and accounting to the City for its activities. The City hereby grants and delegates to RSL the authority and responsibility necessary to permit RSL to perform its duties under this Agreement, agrees to take such additional steps as are necessary to evidence such delegation and authorization as is reasonably requested by RSL in writing, and authorizes the I Ie I I I I I I I ft I I I I I I I Ie I exclusive use of the Facility by RSL during the term of this Agreement for this purpose. With respect to the operation of the Facility, the parties hereto agree as follows: (a) Major Decisions. RSL shall secure the City's prior approval of all major policy decisions, including but not limited to capital improvements and expenditures, operational budgets, Clubhouse and ground rules. RSL shall, to the best of its ability, operate the Facility in accordance with the major policy decisions agreed upon with the City. The Facility shall be open to the general public. All fees charged to customers at the Facility shall be subject to the approval of the City, provided that the City shall approve fee proposals of RSL which are comparable to those fees charged by competing public golf courses for similar services and facilities. (b) Periodic Operation Review. RSL shall, on an ongoing and continuing basis, as is deemed to be reasonable and necessary, but not less than once a month, review its management work" programs and efforts with the City. The City shall be kept fully informed of all Facility management activities and operations. (c) Promotion of Golf Activities. RSL shall coordinate and direct all of the work done in the area of advertising and public relations to ensure that the Facility will create an appropriate, continuing visual image and presence in print and communications media. (d) Capital Improvements. Capital improvements of $35,000 budgeted in the 92- 93 Iron Horse budget will be funded by RSL (Note: $5,000 for cart paths; $5,000 for restroom floors and $25,000 for gabions. Green covers and Morgan Building already funded. This is to allow timely repairs and replacement. The timing of repairs, etc., to be mutually agreeable and reimbursement to RSL made only out of available cash flow by but not later than June 1, 1993. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 2 I Ie I I I I I I I -- I I I I I I I Ie I (e) Annual Budgets. Each July during the term of this Agreement, RSL shall submit a proposed operating budget to the City for the upcoming Fiscal Year (the period beginning October 1st and ending September 30th is referred to herein as the "Fiscal Year"). Once the proposed operating budget is approved by the City, RSL shall use its best efforts to operate the Facility in accordance with the operating budget. (f) Facility Personnel. RSL shall recruit, interview and hire the basic Facility staff, including all on-site management personnel, i.e., golf pro, assistant golf pros, golf course superintendent, all food and beverage staff, house and grounds maintenance personnel, janitorial staff, etc. Such personnel shall be hired and employed by RSL and shall not be employees of the City. (g) Food" Beverage and Merchandise. The City agrees to permit the sale of beer, wine and liquor by the drink at the Facility. RSL shall comply with all Texas laws relating to the sale of same if RSL chooses to obtain appropriate licenses and sell same at the Facility. In addition, RSL shall purchase and sell such other food, beverage and merchandise at the Facility for such prices as it deems prudent, provided that the items purchased and sold are of a type typically available at comparable public golf facilities. 3. Payment of Excess Cash. On the 15th day of each month during the terms of this Agreement, RSL shall pay to the City one hundred percent (100%) of Excess Cash from the Facility, determined in accordance with the provisions this paragraph, for the period ending on the last day of the preceding month. Excess cash shall equal the Cash Balance less the approved reserve amount of $25,000. (a) Revenues. "Revenues" shall mean all cash receipts of any kind from operation of the Facility, including but not limited to green fees, cart rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals, proceeds form the sale of assets, and interest. Also revenues shall include advances from the City and insurance proceeds. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 3 I Ie I I I I I I I -- I I I I I I I Ie I (b) Expenses. "Expenses" shall mean all cash expenditures and losses of any kind from the operation of the Facility, including but not limited to: (i) Payroll, payroll taxes, employee benefits and unemployment insurance and taxes; (ii) Payments for food, beverage, merchandise and supplies; (iii) Insurance costs; (iv) Payments for advertising and promotion of the Facility; (v) Lease payments and debt service payments for equipment, furniture, fixtures and other capital items, provided that the purchases or lease of the item were approved by the City; (c) Approved Capital Expenditures. "Approved Capital Expenditures" shall mean cash payments for equipment, furniture, fixtures, Facility improvements and other capital items approved by the City. (d) Approved Reserves. "Approved Reserves" shall mean the amount of cash approved by the City to be held by RSL for operation of the Facility. 4. Cash Flow Deficits (a) Advance from RSL. For the periods October 1, 1992 -March 31, 1993 and October 1, 1993 - March 31, 1994, RSL will advance the amount of cash, not to exceed $200,000 inclusive of accrued interest, necessary to cover operating deficits at the course. RSL shall maintain an interest earning account balance which will be reimbursed during the second half of each Fiscal Year. For the purpose of this paragraph, operating deficits shall be determined as if cumulative cash flow from all preceding years were available for use at the golf course, whether the City actually makes it available or not. The interest rate shall be Tex Pool average yield for the period of the advance. (b) Advances from the City. The City shall advance to RSL the amount of cash necessary to meet obligations, when net cash flow is not sufficient, other than 4 (a). City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 4 I Ie I I I I I I I -- I I I I I I I Ie I 5. Fiduciary Relationship. All of the Revenues and Expenses arising in connection with the operation of the Facility shall belong to or be owed by RSL, all employees of the Facility shall be employees of RSL, and all assets and liabilities located at the Facility (other than the Golf Course, the Clubhouse and other start-up items funded by the City in accordance with paragraph 2( d) above) shall be the property or obligation of RSL. However, RSL shall maintain a separate account for the receipt of Revenues and advances from the City and the payment of Expenses and approved capital expenditures, which account shall be designated as the "Facility Account." RSL shall have a fiduciary duty to the City with respect to its operation of the Facility, faithfully accounting to the City and paying all payments due to the City in accordance with this Agreement. RSL shall in no way commingle the Revenues and advances from the City with other money or accounts, and it shall not take any money or property from the Facility Account or the Facility except for Management Fees and expense reimbursements set forth in this Agreement. In addition, no purchase of goods or services shall be made by RSL as an asset or Expense of the Facility from an entity affiliated with RSL unless such purchase is on terms reasonably competitive with terms available from non-affiliated sources. Any breach of the covenants contained herein shall be a breach of the fiduciary obligation of RSL to the City hereunder. 6. Management Fees. In exchange for the servIces to be rendered by RSL hereunder, RSL shall be reimbursed from the Facility Account for all direct and indirect out-of-pocket expenses incurred by it in connection therewith, and RSL shall be paid the Fixed Management Fee. This fee will include all accounting fees. (a) Fixed Management Fee. The Fixed Management Fee for each month of the fiscal year beginning October 1, 1992 shall be $6,500. The fixed management fee for each succeeding fiscal year during the term of this Agreement shall be adjusted in accordance with the Consumer Price Index (C.P.I.) City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 5 I I_ I I I I I I I -- I I I I I I I Ie I (b) Accrual and Payment of Contingent Management Fee. The Contingent Management Fee shall be payable from the Facility Account in the first month following a fiscal year in which the Revenues (other than interest and proceeds from the sale of assets, hereinafter referred to as "Gross Revenues" are not less than $1,100,000. This fee will be subordinated to debt service for the golf course. If for any reason the golf course does not meet debt service, then the contingent management fee will be deferred up to 36 months from October 1, 1992 until funds are available. For purposes of this paragraph, funds shall be considered available when cumulative cash flow is positive. Notwithstanding the foregoing, if this Agreement is terminated for any reason, then all unpaid contingent fee shall be paid to RSL within 10 days, notice of such termination. For the fiscal year in which this Agreement is terminated, the Gross Revenues for the fiscal year shall be reduced based on a reasonable proration. (c) Amount of Contingent Management Fee. The Continent Management Fee, if and when earned hereunder, shall be for the following for the periods stated below: (i) For Fiscal 1992-93: 5% of gross revenues above $1,100,000.00 not to exceed an amount equal to the base management fee. (ii) For Fiscal 1993-94: 6% of gross revenues above $1,100,000.00 not to exceed an amount equal to the base management fee. (iii) For Fiscal 1994-9511 1995-9611 1996-97: 7% of gross revenues above $1,100,000.00 not to exceed an amount equal to the base management fee. For the fiscal year In which this Agreement is terminated, the Contingent Management Fee for the year shall be reduced based on a reasonable proration. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 6 I I_ I I I I I I I I_ I I I I I I I I_ I 7. Accounting. RSL shall maintain books and records relating to the business activities of the Facility in accordance with generally accepted accounting principles, separate from its other books and records. Monthly financial statements shall be prepared. These statements shall include unaudited balance sheets and income statements (the "Financial Statements") prepared as if the operation of the Facility is a business entity separate from RSL and the City. RSL shall deliver a copy of each Financial Statement within a reasonable time after the end of each month. In addition, RSL shall deliver a copy of its audited financial statements for each calendar year beginning with 1988 and continuing until the termination of this Agreement. At any time during the term of this Agreement, the City shall be entitled to inspect the books and records of the Facility, and it may conduct an audit of the Facility and the Financial Statements, provided that any expense incurred by the City in conducting an inspection or audit shall be borne by the City. Accounting fees are included in the fixed management fee. 8. Termination Option. In addition to the termination option described in paragraph 1 above, the City shall have the option of terminating this Agreement in the event of a default by RSL hereunder. (a) Default. The following shall, unless cured in accordance with paragraph B below, constitute a default by RSL (a "Default"): (i) Any breach of the fiduciary obligation of RSL under paragraph 5 of this Agreement; (ii) The filing of a voluntary petItIon for protection under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; (iii) A discontinuance by RSL of its business or abandonment of its activities at the Facility; or (iv) A failure of RSL to perform its duties under this Agreement. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 7 I Ie I I I I I I I -- I I I I I I I Ie I (v) The loss of, or disposal of, control of the corporation by the Peterson family unless the City consents in writing to waive this type of default. (b) Cure. RSL shall have thirty (30) days after written notice from the City specifying the nature of any Default under paragraph (a) above, to cure such Default, provided that if the nature of the Default is such that it cannot be fully cured within thirty (30) days, RSL shall have such additional time as may be reasonably necessary to cure such Default so long as RSL diligently pursues cure of the Default. (c) Exercise of Termination Option. The City may exercise its option hereunder to terminate this Agreement by giving written notice of the Default to RSL. In the event of a Default under paragraphs (a) (i), (ii), (iii) or (v), this Agreement shall terminate immediately upon delivery of written notice from the City to RSL of its election to terminate the Agreement. In the event of a default under paragraph (a) above this Agreement shall terminate upon expiration of the cure period under paragraph (b) following delivery by the City to RSL of its election to terminate the Agreement provided that RSL has not timely cured the Default. 9. Transfer Upon Termination. Upon termination of this Agreement, RSL shall transfer and assign all of the assets to the City which would property be reflected on the Financial Statements of the Facility as provided in Paragraph 7 of this Agreement. The City shall assume all liabilities which would properly be reflected on the Financial Statements and all obligations and contingent liabilities relating to the Facility, other than contingent tort liabilities which result from the intentional wrongdoing of RSL or its agents and other insured tort liabilities. (a) Assets to be Transferred. Said assets shall include, but not be limited to, all of RSL's right, title and interest to any of the following arising out of activities of the Facility, advances from the City, or Revenues of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by the City): City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 8 I Ie I I I I I I I -- I I I I I I I Ie I (i) Cash, including the Facility Account; (ii) Accounts receivable; (iii) Other receivables; (iv) Inventories of merchandise, food, beverages and supplies; (v) All equipment, furniture and fixtures; (vi) Prep aids and deposits; (vii) Contract rights; (viii) Trade names; (ix) Books and records; and (x) Goodwill. (b) Liabilities to be Assumed. Said liabilities shall include but not be limited to all debts and obligations of RSL arising out of the operation of the Facility remaining unpaid or unsatisfied at the time, other than tort liabilities resulting from the intentional wrongdoing of RSL or its agents. (c) Closing. The transfer of assets, payment of the Debt Service on Initial RSL Capital and assumption of liabilities shall occur on or within a reasonable time following the date on which this Agreement is terminated. 10. Indemnity. RSL is not an agent or employee of the City hereunder, and all of its activities relating to the Facility shall be in its capacity as independent contractor to the City. (a) Obligations of the Facility. Provided that the City is not in breach of its obligations hereunder, at the Expense of the Facility RSL shall pay all obligations and defend all disputed claims arising out of or resulting from RSL's activities conducted in connection with or incidental to this Agreement. (b) Indemnification by RSL. RSL agrees to indemnify, hold harmless and defend the City, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 9 I Ie I I I I I I I -- I I I I I I I Ie I arising out of or resulting from RSL's intentional acts or other uninsured tort liabilities. (c) Indemnification by the City. The City agrees to indemnify and hold harmless and defend RSL, its officers, agents and employees, from and against all liabilities for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use, and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from the liabilities and obligations to be assumed by the City in accordance with paragraph 9 of this Agreement. (d) Notice of Claims. RSL and the City will provide each other with prompt and timely notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to appear and defend the claim or action on its behalf. 11. Insurance. As an Expense of the Facility, RSL agrees to obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the State of Texas. RSL shall furnish to the City certificates of insurance or copies of the policies, evidencing the required insurance within thirty (30) days prior to the expiration date of the previous certificate(s). So long as the City is not in breach of this Agreement, RSL agrees to secure and maintain the following types and amounts of insurance, for the term of this Agreement. (a) Type and Amount of Insurance. The type and amount of insurance to be obtained for the Facility is as follows: "TYPE" 1. Worker's Compensation and Employer's Liability or acceptable alternative. "AMOUNT' Statutory City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 10 I Ie I I I I I I I -- I I I I I I I Ie I 2. Comprehensive General (Public) Liability (or its equivalent) - to include (but not limited to) the following: (a) Premises/Operations (b ) Independent Contractors ( c) Personal Injury (d) Products/Completed Operations 3. Fidelity Insurance - covering all employees and officers having access to monies collected. 4. Property Insurance - for physical damage to the property of RSL located at the Facility, including improvements and betterment to the Facility. Bodily injury: $500,000 - per person $1,000,000 - per occurrence and and Property Damage: $250,000 - per occurrence or $1,000,000 Combined Single Limit for bodily injury and property damage. Amount sufficient to protect the loss of the largest dollar amount in the control or possession of an employee at any given time, but not less than $125,000 or such other amount as requested by the City. Coverage for minimum of one hundred percent (100%) of the fair market value of property. 5. Comprehensive Automobile Liability Bodily Injury: (or its equivalent) - to include $500,000 per person coverage for: $1,000,000 per occurrence and Property Damage: $250,000 per occurrence $1,000,000 Combined Single Limit for bodily injury and property damage. (a) Owned/Leased Automobiles (b) Non-owned Automobiles ( c) Hired Cars (b) Additional insurance Requirements: With respect to the above-described insurance, RSL agrees to: (i) Have the City named as an additional insured, or an insured as its interest may appear. (ii) Provide for a Waiver of Subrogation in favor of the City. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 11 I Ie I I I I I I I -- I I I I I I I Ie I (iii) Provide thirty (30) days' written notice of any material change, termination or cancellation. 12. Miscellaneous. (a) Assignment. The rights and obligations under this agreement are not assignable by either party without the written consent of the other party hereto; provided, however, that such consent shall not be unreasonable withheld taking into account only the capability of the proposed assignee to perform the duties of the assignor hereunder. (b) Notices: In the event of delivery of any notice provided for or required under this Agreement, the notice shall be in writing and shall be effective upon delivery if delivered in persons or by messenger, or upon the third business day following deposit in the United States mail, if mailed certified mail, return receipt requested, postage prepaid, to the address of the addressee as follows: If to the City: The City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 If to RSL: Recreational Services, Ltd. 9696 Skillman, Suite 220 Dallas, TX 75243 Attn: Michael D. Lohner, Vice-President Any party may change its address for notification purposes by giving the other parties written notice of such change in the manner provided above. (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. (d) Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, and shall be enforceable in Tarrant County, Texas. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 12 I Ie I I I I I I I -- I I I I I I I Ie I (e) Attorneys' Fees. In the event any party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all attorneys' fees and court costs incurred as a result of such proceedings. (f) Parties Bound. With the exception of the limitation on assignability of this Agreement as provided above, this Agreement shall bind the respective successors and assigns of the parties hereto. (g) Headings. The headings used in this Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement. (h) Legal Construction. In case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, this Agreement has been entered into as of the date first written above. A TIEST: THE CITY: THE CITY OF NORTH RICHLAND HILLS, TEXAS City Secretary By: Its: City of North Richland Hills/Recreational Senices, Ltd. Personal Senices Management Agreement Page 13 I Ie I I I I I I I -- I I I I I I I Ie I RSL: RECREATIONAL SERVICES, LTD. By: RECREATIONAL SERVICES, INC. General Partner By: STATE OF TEXAS > > COUNTY OF TARRANT> BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , of THE CITY OF NORTH RICHLAND HILLS, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the proposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of ,19_ Notary Public in and for the State of Texas My Commission Expires: Print Name of Notary City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 14 I' Ie I I I I I I I -- I I I I I I I Ie I STATE OF TEXAS > > COUNTY OF DALLAS > BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mr. Mike Lohner, Vice-President of RECREATIONAL SERVICES, INC, which is the General Partner of RECREATIONAL SERVICES, LTD., a partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,19_ Notary Public in and for the State of Texas My Commission Expires: Print Name of Notary City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 15 CITY OF NORTH RICHLAND HILLS Department: .ubject: Public Works Council Meeting Date: 12/14/92 nrêin~GA F~~Am~nt Ah;:)nrlonmAnt - Ordinance No. 1859 Agenda Number: GN 92-141 The Texas Department of Transportation is acquiring right-of-way and easements for the final phase of the FM 1938 (Davis Boulevard) widening project. They need to acquire a drainage easement from the owners of Lot 6, Block 2, Northeast Business Park Addition. The property owners will grant the easement if the City will vacate and abandon an existing drainage easement on the opposite side of the creek. This will give the owners continued access to their property. Staff has reviewed the project and vacating and abandoning the easement as requested will not hinder any current or future City drainage projects. Recommendation: Staff recommends approval of Ordinance No. 1859 vacating and abandoning the existing drainage easement. e 1 Source of Funds: I Bonds (GO/Rev.) _ Operatin .Othef¡ Finance Review Acct. Number N/ A Sufficient Funds Available / ~:Æ' n ~/ J J J J ;, /, vut/"- ,t- // /0~t , ~ ¡~ p~t(m1nt Head Signature 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 ORDINANCE NO. 1859 WHEREAS, a certain portion of a drainage easement on Lot 6, Block 2, Northeast Business Park Addition in the City of North Richland Hills, Texas is no longer needed for drainage purposes; and WHEREAS, the City Council finds that the dedication of such portion of drainage easement should be vacated; and WHEREAS, the portion of the dedication of drainage easement on Lot 6, Block 2, Northeast Business Park Addition which is being vacated by this Ordinance has been surveyed by metes and bounds description, and identified as Exhibits "A" and "B", attached hereto and made a part thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1 . That portion of the dedication of drainage easement in the City of North Richland Hills, Tarrant County, Texas, as set out above, be and is hereby vacated. PASSED AND APPROVED this 14th day of December, 1992. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City " I·.·· . / 'I Ie I I I I I I I Ie I I I I I I I Ie I EXHIBIT "A" Being 2,538 square feet of land, more or less, out of a drainage easement in the Northeast Business Park Addition to the City of North Richland Hills, Tarrant County, Texas, according to a map or plat of said addition recorded in Volume 388-95, Page 56 of the Deed Records of Tarrant County, Texas, which 2538 square feet of land, more or less, are more particularly described as follows: BEGINNING at the Southwest corner of said drainage easement, same being in the existing East right-of-way line of F.M. Highway 1938, said point being North 0° 29' 43" East a distance of 25.00 feet from the Southwest corner of Lot 4 of said Northeast Business Park Addition; (1) THENCE North 0° 29' 43" East along said existing East right-af-way line a distance of 8.00 feet to a set right-af-way marker in the Northerly line of the herein-described tract; (2) THENCE North 66° 18' 48" East along said Northerly line a distance of 160.07 feet to a set S/8-inch iron pin in the Southerly line of said existing drainage easement; . (3) THENCE South 46° 52' 43" West along said South line a distance af 37.84 feet to a point of tangency with a curve to the right; (4) THENCE in a Southwesterly direction continuing along said Southerly line and along said curve to the right, same having a radius of 171.97 feet, and a central angle of 43° 37' 00" a distance of 130.91 feet to the POINT OF BEGINNING. 259' ~ i ; I : ¡ : I :'k ! ;~; : ><; ~: '''1' ~: e>¡ ~i ~ :{ I .~ L ----i¡¡IIÞ I Þ ~ ~ :JJ t ~-~ I 0> ~ I <! VJI c::~ :o~ ~t rr,! ~I '" I ~ ¡ i ( I '~I CQ.) ; ¡ ~ ..; '.:;:; ::'.:::::: :.;.:;;. ¡ r" i ·1" ¡' ..... ........¡ ¡ : -: OJ : W: r- ·1" .....J ~ . . "I' L::::::¡ .... .,......... I............ I~ j I · I.... :, ZI ... Y rill ................................. ... ..................-........................ .;. ...... '........ ........................... ......... ............. ............................ .. 1 I.... z..·...... .....;: .~ : .. ..., t j [r, j Q) i· ! ~ Õ :1 r l·....··· "-1 i! , ......::;. _ . ~................~'-' .'~ : ~ ~ : (.. .".. ¡ ".': " ~ æ. : '. ...., ". '. ": '. ~ ~ I I "~'.::.' '. .... .:. . ~ ;. , ../....,.."......\: ~, .....~..... I j ;~·r·"~·:l··"· :z:........:..:...:~..::::::: :....,'.: ........ '.;" '99~ '4Z;" .. ...... .. I ~ ,....................~ 589' JJ'/r~1 , '" I ~.".. ~I ~ ': ~e N89' '/IW I 99.5r I I~ I~ I~ EXHIBIT "B" . . . " ,. $Ion Ruin. ; I ¡ t \ II ~ II ~ I U1 1_ + I, ~I ~:I . t ':'1 .. . I I ~ _I' I Ie I : SS9'4O'52:'W " ----- ---::r.=.__:::::~:.¡;- N ~ :tt. . ;~ ~~.. ~ \JY CU" ¡' ::::v -;,: ¡ .... :: 1 c~,. . q!. LP ~'''''''''l :. ~ ' ;: :'¡:'l"I " . T'!~-:-,...~1"T-~-rr '" ,.,.....,~:,....--9T· ~ L I~ I~ c) \» ~ . I.P f CITY OF . NORTH RICHLAND HILLS ~epartment: Subject: ~ I Administration Proposed Closing of Colorado Boulevard ~nrl Rlrlnr~rln nriv~ Council Meeting Date: 12/14/92 Agenda Number: J:lli 92-142 On October 26, 1992 the City Council voted to close vehicular access to Colorado Boulevard and Eldorado Drive at the north end of these streets near Grapevine Highway. Subsequently, we learned that several residents in the area, primarily on Eldorado Drive, felt that they should have been given specific notice about this proposal prior to the Council's vote. Accordingly, the City Council authorized the staff to poll the residents on Colorado and Eldorado concerning their wishes relating to the access closing issue. Following are the results of that poll. Colorado Boulevard The residents voted overwhelmingly (15 to 2) to close access at the north end as previously determined by the City Council. The vote might have been even higher except for the fact, as you may recall, the letter to the residents stated that we would assume that they do not object to the closing if we did not hear from them by December 4, 1992. Eldorado Drive The results of the poll 'on Eldorado Drive are much less conclusive than Colorado. The poll was intended to learn the wishes of all privately owned single family residences which front on Eldorado and the two residences which ave side yard exposure to Eldorado (fronting on Jerrie Jo Drive). On the following page is a tabulation ~f the expressions of opinion. Source of Funds: Bonds (GO/Rev.) Operating Budget " Other Finance Review Acct. Number Sufficient Funds Available I Department Head Signature CITY COUNCIL ACTION ITEM . \~~;¡;; /~ '- , City Manager . Finance Director Page 1 of l- Ie I I I I I I I Page Two 14 single family residences voted II open II . 13 single family residences voted IIclosell. 1 single family residence voted inconclusively 1 5 single family residences - no vote. 2 1 dentist office voted lIopen. 113 5 single family residences not touching Eldorado voted to IIclosell.4 2 single family residences near Bedford-Euless Road, which were owned by the City during this general time span, were not solicited. The residents of Colorado and Eldorado who were polled regarding this issue were advised that the City Council would consider this matter at the December 14th City Council Meeting. It is hoped that their verbal input at the meeting will be of assistance to the City Council in resolving this issue. ~ecornmendation: .~~t is recommended that the City Council take no action related to Colorado Boulevard, therefore leaving it as a street to be closed at the north end and determine whether or not to close vehicular traffic on Eldorado Drive near Grapevine Highway. I I I I I I -. I I 1 1 spouse voted II open II and 1 spouse voted IIclosell. 2 Letter from City Manager dated November 17, 1992 indicated that no vote would be counted as a vote to close. 3 Dentist office was inadvertently included in mailing, which was intended for single family residences. 4 Ms. Mary Lou Holley, who is strongly opposed to the closing, polled the residents on Jerrie Jo to ascertain their wishes. Of the 13 properties which either face or side on Jerrie Jo (but do not touch Eldorado) 5 residents voted to IIleave open II. ~ CITY OF NORTH RICHLAND HILLS Community Development Council Meeting Date: 12/14/92 Department: aUbject: I Knowlton-Flowers-English consultants to the City should be authorized prepare cost estimates for such a project and report back to the City ~ Council. Once the cost estimates are known, the Council may want to weigh the costs of purchasing the three lots and making the associated . street improvements against the value of such improvements and the I traffic safety benefits derived. T RECOMMENDATION: I It is recommended that the City Council authorize the engineering firm T of Knowltin-English-Flowers to prepare cost estimates for these improvements. Bonds (GO/Rev.) ~ Operating Budget _ _Other p _1 ~~ hK~ /?¡j~~ De,Jartmerit' Head Signature i City Manager CITY COUNCIL ACTION ITEM Consider authorizing cost estlmates to develop a plan to purchase three lots and closing certain streets in the Pearl St. a~d Jennings St. neighborhood. GN 92-14 Agenda Number: On November 17, 1992, a meeting was held with the property owners living on Pearl, Jennings and Jerrie Jo Streets. The purpose of the meeting was to discuss various options for closing certain street intersections along Strummer Drive and Grapevine Highway to reduce cut-through traffic and to improve traffic safety for this neighborhood. Dan Boutwell with the firm Planning Resources Group had previously prepared a letter report which outlined the factors to consider for closing these streets. The letter report explored the advantages and disadvantages of each option. After receiving comments from those attending the neighborhood meeting, a plan was developed which had the support of a majority of those attending the meeting. The plan which represented the neighborhood consensus contains the following considerations: 1. Close the Pearl Street intersection with Grapevine Highway 2. Purchase the three vacant lots adjacent to Grapevine Highway to prevent any undesirable land use from locating on these lots. 3. Construct a connecting street between Pearl Street and the old portion of Strummer Drive. This will leave access to old Strummer for three homes which utilize Strummer for access. to Finance Review Acct. Number Sufficient Funds Available . Finance Director Page 1 of I- I I I I I I I I I I I I I I I I I I /' /' I /' / \ -----------------~ '"------------ Harwood R<*1 - - - - - - - - - - --...... c -=- -:.. -:..-:- =- -= -== = =- -= = -=. -=- ~-: =- :... -_ -:. :. Intersectioru of Local Streets with Hwy 26 Eliminated ,/ / /' ./ / /' ./ , ,/ ./ / / ./' ./ /' /' / / Neighborhood Provided with Two Access Poinu onto Strununer North Richland Hills - Richland Oaks Neighborhood Study J: lPIf{o"L planning resources group:: CITY OF NORTH RICHLAND HILLS Department: _Ubject: Public Works ~ Council Meeting Date: 12/14/92 Hightower Drive Box Culvert Improvements at C':::Jllnw::JY Rr::Jn~h' PRr~~1 No 5 Agenda Number: _PU 92-46 Right-of-Way Acquisition The Hightower Drive box culvert and bridge project was approved by the City Council in November, 1 991. Although this is a major drainage project, consideration has been given to the ultimate width of Hightower Drive, which is projected to be a 48-foot street. Therefore, additional right-af-way is required from five property owners adjacent to the channel improvements. The acquisition of the additional right-of-way will allow the bridge to be built to the ultimate capacity of the channel and street. This will also provide a safe driving transition zone until such time as Hightower Drive is reconstructed. Drainage easements are also needed from four of the five property owners. Staff has negotiated right-ot-way acquisition trom Mrs. Amma Bland on the subject parcel. We have agreed to pay her $3,852.00 for 7,704 square feet, or $.50 per square foot. Recommendation: Staff recommends that Council approve payment of $3,852.00 to Mrs. Amma Bland for Parcel No.5 right-of-way along Hightower Drive. e Finance Review Source of Funds: Bonds (GO/Rev.) a Opera i g Budget .Othe nt Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of ~ . .- ~-.(~~. ~.....- ,~~. \ '.- -~~~, :-1~~ ' -~~ - .~: .... _ ~c _.... " ""&0.' . "OL~O. ..... ,...-- L, _¡.' , , ~ T~ ~~.....-r.,.- ~C'C~~_1:': ~ I' '11~r~~ ~I-'_~~~ .---.- ~ ~ , ~~~ r~~ , ~~-'~.! ~ . T T .- ~":___ "¡ " f~; -.,~: :: ~'.-~.. ~ ~ - ,~"., . 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CD~Z~ w '1: 5 u I / Ie I I I I I I I Ie I I I I I I I 1- I CITY OF NORTH RICHLAND HILLS, TEXAS RIGHT-OF-WAY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That I, Amma Bland, as Seller, for and in consideration of the agreed purchase price of Three Thousand Eight Hundred Fifty- Two and No/lOa Dollars ($3,852.00), and upon all of the terms and conditions hereof, hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas as Buyer, a perpetual right-of-way for the purpose of constructing, improving, widening, maintaining and using a public street with drainage facilities as may be required and the further rights to construct, improve, operate and maintain water, sewer, or other public utilities in, under or upon said right-of- way, as described on the plat attached hereto, which plat is made a part hereof, and/or described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) The agreed purchase price includes full accord, satisfaction and compensation for all demands of the Seller, subject also to the following special conditions, if any: NONE To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. the f Î- !-/ Executed this ~ '- day of December, A.D., 1992. a~~ ¡3X(~ Athma Bland SELLER ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on ~~{ December, 1992 by Amma Bland. day of 1~V'-i tJ- l~ t jA, Notary Public, state of Texas My Commission Expires: Notary's Printed Name: 4-22-9J Mark D. Bradlev I' Ie I ~ ~ -~Q Q .~ ~\Y i ~ropo...d R.o.w. DRIVE. 0 ~ £ ~ ,·s.} ¡"" R. o. w· H 16H-rO'tAIE.R P. o. B- I ~ v ~ £~ ~Q " .. " 'J ~~ ~~ ~~.. ~~ ..... "- CQ, o ~ N EywlE.ðIAndJndcu;~ IJm",ð BIJnd vol. Lf7ïï, P'j" 4-!J~ D. R. r. c. -r. t--: ~ \..: \l\Qé .~ Ò ..-:. 3 t'" ~V\ ~~ " ... "'" ..Q~ ~~ ":t~ ." tt:~ I I I I 'IJ E.. ~c.è It:.: J ''=.50 I PARCEL 6 HIGHTOWER DRIVE PROPOSED RIGHT OF WAY I ALL of that certain tract or parcel of land sitaated 1n the WILLIAM L. a&ANN SURVEY, Abatract No. 1010, Tarrant Count" Texas and ..-bracial a port ion of tlae Tract de.crtbed 1n tbe Deed to Ezra E. Bland and wi fe, A.-a Bland .a recorded in Voluae 4777, Pace 499 of the Deed Records, Tarrant Count" Texas and deacrtbed by ~tes and bo.ads a. follows: Ie Belinnlng at a 1/2 iDCb capped steel rod .ta~ed "Moat Sary. Inc.~ for the Nortbwe.t corner of said Bland tract aDd beiDa in tbe eatatine Southerly RiCht of Wa, 11ne of Bl~litower Drive fro. wblcb a 1/2 lncb ateel rod foaKd In the ~s~ liae of said Bland tract bears South Oe.. degrees Oct .inut.. 00 aecond. Ea.t, 20.00 feet; I I Tlteace Hortls 81 decrees 39 .inutes 47 aecond. Ea.t witla tit. North boundary line of said Bland tract and the .aid eal.tlne Sout~erl, rlcbt of way line, 213.68 feet to a 1/2 lncb capped at..l rod ata~.d "Moa. Sorv. Inc.ft for tbe Northe..t corner 01 said Bland tract: I T~ence So.tb 00 deCre.. 34 .inute. 61 aeconda Eaat with E..t botlndary line' of said Bland tract and p...inC a 1/2 tnch steel rod fo_net at 20.00 feet, In all 21.01 feet to . 1/2 ine' capped .teel rod ata..,.d -"ak SHY. IDC." In tlte propo.ed Northerly ri..t of .a, line of Hlchtower Drive; T~ence North 89 decree. 51 _i.atea 22 .econd. W.at wit. .aid propo.ed Northerl, rlcbt of wa, line 294.90 feet to a 1/2 Inell capped st..l rod .ta~d ·lIoa~ Sa"y. Inc." In the West boandary 11ne of said Bland tract; I I I T'ence North 02 decrees OB .lnat.. 00 a.conda Eaat with .ald W..t boandar7 line 25.31 feet to tbe place of belinainl and containlßI O.17'~ Acre. of land, ~r. or Ie... I Ie I '~ DAVID C. MOAK SlIIIvrnJIIS, ,11Ie. .ell1'EMD fÞUklC-·MMVEYOR p.o. BOX 1034 2..· 2211 HURST, TEXAS·... ØATE !3- 3- I ~~Z ~';!)2.-o'-" I .. .' £:.~ c ~:.:-"Ij. '.. ~.. ;.' ... . .~~ ~~. I ~ - . '. :. - ~.' , ' . ;"J..., ~ . ' J . .; ..~.. '. -, ... . "I _ ... ....', .. . ~':]{~¡,<~,~~:~~~'} h~j, ;:j'-f : ',:,:.~' :~':~~jfP~0;/d~~~1Ær~~ I CITY OF NORTH RICHLAND HILLS I I ~ ~ , 'Source of Funds: Bonds (GO/Rev.) _ Operating Budget . Other -p I ---~ -m~.~- T Department Head Signature I CITY COUNCIL ACTION ITEM ~ Council Meeting Date: 12/14/92 PU 92-47 Agenda Number: The approved 1992/93 budget included funds for the replacement of ten cars and five utility/Finance meter reading and service vehicles. Because of the implementation of Management Policy CMA-Q008 regarding the use of city vehicles, three cars will not be purchased. In addition, City council has authorized the purchase of one van for Environmental Services. The vehicles requested for Finance/utility are manufactured by Grumman Corporation and must be obtained thru a Chevrolet distributor. Grumman units are primarily used by the united States Postal Service for local delivery of mail. These vehicles are designed for heavy duty service. The City is currently using smaller pickups for the meter reading and service function. However, these units will not hold up to the constant starting and stopping required to perform these functions. Although five Grumman vehicles were budgeted, we propose that three units be purchased at this time. The City is currently experimenting with the Badger Telemetric Reading System. If we decide to go forward with the installation of this system two of the Grumman units will not be required. We request authority to add the additional two units at a later date if we do not go forward with the Badger Telemetric System. Sealed bids were solicited for these vehicles and the results are listed below. Eleven bid packages were mailed and only two bids submitted. Hudiburg Chevrolet Classic Chevrolet 7 ea. 1993 Caprice (for Police use) $96,579 $95,410 1 ea. 1993 Astro Van 14,812 14,742 3 ea. Grumman Vehicles (utility/Finance) 44.229 NIB TOTAL $111,321 $154,451 Finance Review O~-OR-O'-hhOO Acct. Number 06-99-01-6999 Sufficient Funds Available x . Fmance Director City Manager Page 1 of 2 I I I I I I I I I Hudiburg Chevrolet is low bidder on the Astro Van but chose not to bid the Grumman vehicles. Staff feels the total bid should be awarded to Classic Chevrolet to consolidate warranty work of these vehicles. Recommendation: It is recommended Council award the bid to Classic Chevrolet in the amount of $154,451 for the vehicles described above. I I I I I I I I I CITY OF NORTH RICHLAND HILLS I CITY OF NORTH RICHLAND HILLS Department: Finance/Purchasing ___ Council Meeting Dat~:2/14/92 S bo t Award Bid for Automatic Meter Reading Units A d N b PU 92-48 U Jec : gen a um er: ~ I I ~ I The approved budget for 1992/93 provided money for the purchase of two automatic meter reading units. These units have the capability of receiving information by manually keying information on the keypad or telemetrically. City Council, at the July 13, 1992 meeting (PU 92-22), awarded the bid for three automatic meter reading units to Badger Meter, Inc. Badger Meter has offered to extend the original bid price of $6,000 each for the purchase of two additional units. Recommendation: It is recommended Council authorize the purchase of two automatic meter reading units from Badger Meter, Inc, in the amount of $12,000. I I I ~ Source of Funds: -. Bonds (GO/Rev.) Operating Budget Other I ~ 7llea-. y I Department Head Signature I --x- Finance Review Acct. Number 02-99-01-6999 Sufficient Funds Available -" . Finance Director CITY COUNCIL ACTION ITEM Page 1 of I I I I ~ CITY OF NORTH RICHLAND HILLS Department: Finance/Purchasing ~ Council Meeting Dat€?/14/92 Award Bid for Construction of ADA Ramps PU 92 50 SUbject: Agenda Number: - Formal bids were solicited for the construction of various concrete ramps and sidewalks to comply with the requirements of the Americans with Disabilities Act. The results are outlined as follows: Sutton & Associates $36,530 ABC Construction 27,250 Pavement Construction 19,997 Team Design 18,425 Fundinq Source: Funds for this project are in the approved 1992/93 budget in the following accounts: 13-98-02-6000 $14,188 02-98-02-6000 4,237 Recommendation: It is recommended Council award the bid for the construction of sidewalks and ramps to Team Design in the amount of $18,425. Finance Review 13-98-02-6000 Acct. Number 02-98-02-6000 Sufficient Funds Available ~ 5 ~/V? ~. _ r , Ie ... ~ e1 C~';?~ Department Head Signature City Manager CITY COUNCIL ACTION ITEM Source of Funds: Bonds (GO/Rev.) Operating Budget Othe~ _ ~~ /11~r- -x- . Fmance Director Page 1 of CITY OF NORTH RICHLAND HILLS Finance/Purchasing . 12/14/92 - Council Meeting Date: Authorize Order to Best Locking Systems PU 92-51 Agenda Number: The 1992/93 budget included funds for improvements needed to comply with the Americans with Disabilities Act. Currently, most City buildings are equipped with locks and handles by "Best Locking System" that do not comply with ADA. staff requests Council authorization to purchase from Best Locking Systems new lever type door locks that will comply. The cost is $6,289, which includes labor for the installation of the additional handles and locks. Obtaining sealed, competitive bids was not possible because this is a sole source of supply Fundina Source: Funds for this project are in the approved 1992/93 budget in the following accounts: 13-98-02-6000 $4,842 02-98-02-6000 1,447 Recommendation: It is recommended City Council authorize the proposed purchase from Best Locking System in the amount of $6,289 for locks and lever handles needed to comply with ADA. Finance Review Source of Funds: Bonds (GO/Rev.) ~perating Budget -X-. ~~ t1l~~ _ _ Department Head Signature CITY COUNCIL ACTION ITEM 13 98 02 6000 Acct. Number 02-9A-02-6000 SUffiCientz.A vai I able - 7/l, '.: - ¡(11(~ City Mal1ager . Finance Director Page 1 of CITY OF NOR·TH RICHLAND HILLS Finance/Purchasing 12/14/92 Council Meeting Date: Authorize Purchase of A/S 400 E-35 tor pOi1ce uepartment Agenda Number: PU 92-52 The comprehensive operating budget for 1992/93 includes funding of long term capital needs for North Richland Hills. One of the projects included is the replacement of the system 36 computer with an AS 400 E-35 computer system for the Police Department. This system will supply the additional memory and speed required by the Police Department. The sole source of the A/S 400 E-35 is the IBM Corporation; therefore we cannot obtain sealed, competitive bid. However, the purchase is to be made under the State of Texas contract, which qualifies us for substantial discounts. The amount budgeted is $150,000. Recommendation: It is recommended Council authorize the purchase of the AS 400 E-35 computer from IBM in the amount of $147,511. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Othe~ . --~ 7/Z.~ Acct. Number SUffiCienz Available '/1l - ~ iK-:l: rZ - ,~ City Manager . Finance Director .. .. Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of I, CITY OF NORTH RICHLAND HILLS I Department: eUbject: Public Works Council Meeting Date: 12/14/92 Award of Bid for Municipal Complex Drainage ChQnn~1 ~nrl Tø~nnl RnlllAv;::¡rrl P;:¡ving Improvements Agenda Number: PW 92-38 Bids were received on the subject project an December 4, 1992 and the low bidders for both alternates are as shown below. Alternate No. 1 - Concrete Pavina on Teenol Boulevard Bidder Amount Calendar Davs Bid Time Humphrey & Morton Camino Construction Thomco Construction $ 460,851.12 491 ,51 5.57 529,033.57 160 210 195 Alternate No.2 - Aschalt Pavina on Teenol Blvd. Bidder Amount Calendar Davs Bid Time Humphrey & Morton Camino Construction Thomco Construction $ 449,295.52 485,966.37 505,259.32 160 210 195 The portion of Tecnal Boulevard that is north of the railroad is concrete paving. Staff would prefer to install concrete paving on the extension of the street due to the increased service life versus the e additional cost of $11 ,556.60. Fundinq Source: The initial funding and the revised budget are indicated below. Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ Ot r , ~ Additional Budqet Revised Budqet Fundinq Reauired Engineering: General CIP $ -0- $ 45,000.00 $45,000 Utility CIP -0- 9 ,000.00 9 ,000 Total Engineering $ -0- $ 54,000.00 $54,000 Construction of Channel & Concrete Paving Improvements: General CIP $ 120,500 Utility CIP 120,500 R.R. Crossing & Signals 232.000 Total Channel & Paving $ 473,000 $ 281,972.21 143,500.00 200.000.00 $ 625,472.21 $161,472 23,000 ( 32,000) $152,472 Finance Review Acet. Number SUffj4nd~~ -:7 \il /2 f/J /~:~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 2 I I I I I I I I I I I I I I I I I I I Construction of Water Line Extension: Utility CI P $ -0- $ 35 ,378.91 $ 35 ,379 Total Water Line $ -0- $ 35,378.91 $ 35,379 Additional Funding: General CIP $ $ $197,472 Utility CI P 44,379 Total Funding $ 473,000 $ 714,851.12 $241 ,851 As indicated above, the funding requirements for the rubberized R/R crossing and signals are not items included in this contract. Dart/Southern Pacific will be paid directly for these items. The additional funding for channel improvement and utility lines can be funded as follows: 1 . 2. 3. 4. Reapproation of Sprint Cable relocation funds Drawdown Funds Drainage Utility Fees Utility CIP- Appropriation of Retained Earnings - 1991 /92 $ 95,000 52,472 50,000 44,379 Total $241 ,851 The total budget as indicated above is approximately $ 71 5,000 for this project. The City has participation agreements with two of the adjoining property owners for a total of approximately $100,000. These reimbursements when received will be returned to the City's General CIP Orawdown funds. Recommendation: The staff recommends award of this project to Humprey & Morton Construction Company, Inc. in the amount of $460,851.12 for a period of 1 60 calendar days and the transfer of funds as indicated above. CITY OF NORTH RICHLAND HILLS I Ie I I I I I I I -- I I I I I I I Ie I KNOWL TON- ENGLISH-FLOWERS, CONSULTING ENGINEERS / Fort Worth-Dallas December 7, 1992 Honorable Mayor and City Council 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Re: 3-335, CITY OF NORTH RICHLAND HILLS C-33 CHANNEL AND TECNOL BL VD. PA VING IMPROVEMENTS TABULA TION OF BIDS Bids were received on December 4, 1992, for the referenced project, and proposals were submitted from nine (9) general contractors. A detailed bid tabulation is available for your information. The following is a summary of the bids: I>NO. ! BIDDER ! CONCRETE I DAYS I ASPHALT I DAYS I 1 . Humphrey & Morton $460,851 .12 160 $449,294.52 160 2. Camino Construction 491,515.57 210 485,966.37 210 3. Thomeo Construction 529,033.57 195 505,259.32 195 4. M.A. Vinson 569,777.13 210 560,141.13 210 5. Orvall Hall 564,652.48 150 561,055.98 150 6. Jeske Construction 574,837.75 200 570,551.75 200 7. J-N Construction 605,722.90 225 594,266.20 200 8. Rebeon 619,370.05 240 617,986.05 240 9. Linder-Stahl 696,508.05 360 690,754.05 360 This project includes extension of the Tecnol Blvd. roadway pavement to the railroad tracks on each side from the end of the existing dead-end streets. The railway crossing pad and signalization work is not included in this contract. This project also includes construction of concrete channel improvements adjacent to the railroad right-of-way from the west side of the Municipal Complex site to Tecnol Blvd.; concrete box culvert under Tecnol Blvd.; and earthen channel construction continuing along the railroad right-of-way eastward from Tecnol Blvd. to the Calloway Branch channel. The low bidder is Humphrey & Morton Construction Co., Inc., for the Tecnol Concrete Street Extension Alternate, including channel work, in the total amount of $460,851.12, and the low amount bid for the Tecnol Asphalt Street Extension Alternate and channel is 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I Ie I I I I I I I -- I I I I I I I Ie I Page 2 December 7, 1992 Bedford-Euless Road Bid Tabulations and Recommendation of Contract A ward $449,294.52. The low bidder has completed several public works projects in the City of North Richland Hills and we have no objections to this company. The total amount bid includes paving work, open channel construction, box culvert, storm drainage, and water line extension under the railroad. The following is a breakdown summary of these items for the three low bidders: . . HUTPÞrè:y.&: Morgan>· ... ...... .... :::ç~·rfain(:F. .. /.·://.:If1:ol11c().:.;..>:.o:: .. >Cb·,išituctiol1 ····::·C6hstfÙctiårì:: Tecnol Concrete Pavement $137,075.59 125,518.99 288,396.62 35,378.91 $129,055.17 $154,686.97 123,505.80 130,912.72 339,887.57 345,048.96 22,573.00 29,297.64 $491,515.57 $529,033.57 485,966.37 505,259.32 Tecnol Asphalt Pavement Drainage Construction Water Line TOTAL CONCRETE ALT. 1 TOTAL ASPHALT ALT. 2 $460,851. 12 449,294.52 Based on the bids received, we recommend contract award to Humphrey & Morgan Construction Company, Inc., P.O. Box 8047, Fort Worth, Texas 76124, in the total amount of $460,851.12, if the concrete pavement alternate is selected, or in the total amount of $449,294.52, if the asphalt street pavement alternate is preferred, for a total completion time of 160 calendar days. We will be available at the December 14, 1992, Council meeting to answer any questions you may have concerning this project. . RICHARD W. ALBIN, P. E. RW A/ralEnclosures/sids.335 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 Source of Funds: Bonds (GO/Rev.) Operating Budget eOthe I I I I I I I Ie I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works Award of Bid on Bedford-Euless Road Paving and nr;:¡in;:¡op I m rrn\IPmpnt~ Agenda Number: PW 92-39 Council Meeting Date: 12/14/92 ubject: Bids were received on this project on December 4, 1992 and the low bidders for both alternates are shown below. Bidder Alternate No. 1 - 8" Thick Aschalt Paving Amount Calendar Davs Bid Time APAC-TEXAS, Inc. JRJ Paving Inc. J.L. Bertram Const. $ 977,481 .37 1,045,967.64 1 ,058,064.05 300 300 300 Bidder Alternate No.2 - 8" Thicl< Concrete Pavina Amount Calendar Davs Bid Time JRJ Paving Inc. Brown & Root APAC-TEXAS, Inc. $1 ,1 55,343.47 1,286,117.69 1 ,305,1 1 6.25 300 300 300 Concrete paving is not recommended due to the major difference in cost and extended inconvenience to commercial property owners along the south side. Fundinq Source: The initial funding and the revised budget is indicated below: Additional Budaet Revised Budaet Fundina Reauired Engineering: General CIP $ 92,400 $ 92,400 -0- Utility CIP 25 ,000 25,000 -0- Total Engineering $ 11 7,400 $ 1 1 7 ,400 -0- Construction: General CIP $1 ,522,486 $1 ,522,486 $ -0- Utility CIP 484,000 514,549 30,549 Total Construction $2,006,486 $2,037,035 $30,549 Total Funding $2,123,886 $2.154,435 $30,549 The additional funding may be appropriated from Utility Fund Retained Earnings for fiscal year 1 99 1 /9 2 . Recommendation: The staff recommends award of this project to APAC-TEXAS, Inc. in the amount of $977,481.37 for a period of 300 calendar days and transfer of funds as indicated above. Finance Review Acct. Number SUffiCiezs Available ~ - ~..~ 1SI: - /C r¡ :;(~ Ignat 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 ~~~'~... ~." <r~ \. '~~ "...~ \...- _;:.-~ .~....... (" .~. , ,.~ \~~\\^~~~ . ". KNOWL TON-ENGLlSH-FLOWERS, INC. \\\)~\ 00:' 'Ó\~~l. CONSUL TINC ENGINEERS / Fort Worth-Dallas \ \) December 7, 1992 Honorable Mayor and City Council 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-340, CITY OF NORTH RICHLAND HILLS BEDFORD-EULESS ROAD PA VING AND DRAINA GE IMPROVEMENTS TABULA TION OF BIDS Bids were received on December 4, 1992, for the referenced project, and proposals were submitted from five (5) general contractors. A detailed bid tabulation is available for your information. The following is a summary of the bids: !No·1 BIDDER I ASPHALT I DAYS I CONCRETE.. I DAYS I 1 . APAC-TEXAS, Inc. $977,481.37 300 $1 ,305, 116.25 300 2. J.R.J. Paving, Inc. 1,045,967.64 300 1, 155,343.47 300 3. J . L. Be rtra m , In c . 1,058,064.05 300 1,312,472.61 300 4. Austin Bridge & Road 1 , 178,455.75 300 NO BID N/A 5. Brown & Root, Inc. 1,185,271.11 300 1,286, 11 7.69 300 The low bidder for the Asphalt Street Alternate is AP AC- TEXAS in the total amount of $977,481.37, and the low bidder for the Concrete Street Alternate is J.R.J. Paving, Inc., in the amount of $1,155,343.47. AP AC- TEXAS, Inc. has completed several public works projects in the City of North Richland Hills and we have no objections to this company. J .R.J. Paving, Inc., did the Dan Echols Senior Center parking lot, and have completed other projects in the Metroplex area, (see attached list of references). The low asphalt total bid is under the engineer's estimate of $1,006,206, but the low concrete bid exceeds the currently available funding. The low asphalt bid for the paving work totals $535,340.27. The engineer's estimate is $555,206. The low bid for the concrete paving work totals $659,181.75, which is $123,841.48 over the low asphalt bid (about 23% over). We would note that both asphalt and concrete pavement design sections are 8-inch thick. The concrete pavement has superior load carrying capacity, longevity, and requires less maintenance than the asphalt design, however, construction of the asphalt street will probably 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 December 7, 1992 Bedford-Euless Road Bid Tabulations and Recommendation of Contract A ward interfere with local traffic less that the concrete construction would. This is because traffic can be allowed to drive on the asphalt pavement more quickly than the concrete. Traffic flow in and out of the restaurants and other businesses on the south side of Bedford-Euless will not be interrupted as long with asphalt as it would be with concrete. The total amount bid includes storm drainage, water and sanitary sewer improvements in addition to the pavement work. The contract also includes construction of the street closing turn-arounds, but it does not include the proposed linear park landscaping_ irrigation_ or brick wall. The following is a breakdown summary of these items for the two low bidders: I ITEM I APAC I J.R.J. .PAVING I BUDGET I Asphalt Pavement $535,340.27 $549,805.92 $555,206 Concrete Pavement 862,975.15 659,181.75 Drainage 167,594.00 191,627.85 207,000 Water Improvements 181,594.50 211 ,883.35 1 4 1, 000 Sewer Improvements 92,952.60 92,650.52 1 03,000 TOTAL ASPHALT ALT. 1 $977,481.37 $1,045,967.64 $1 ,006,206 TOTAL CONCRETE ALT. 2 1 ,305,116.25 1, 155,343.47 Based on the bids received, if asphalt paving is desired, then we would recommend contract award to APAC- TEXAS, Inc., in the amount of $977,481.37, for a period of 300 Calendar Days, or if concrete paving is desired, then you may wish to consider award to J.R.J. Paving, Inc., in the amount of $1,155,343.47 for a period of 300 Calendar Days. We would note that a maximum bonus provision is provided in this contract in the amount of $30_000 for early completion. Therefore_ the total budget for the asphalt award should be set at $977_481.37 plus $30.000.00. or a total of $1.007_481.37. if the project is completed in 200 days_ (100 days under the 300-day contract time with a $300/day bonus incentive). We will be available at the December 14, 1992, Council meeting to answer any questions you may have concerning this project. ~w. RICHARD W. ALBIN, P.E. RW A/ra/Enclosures/Bids.34o I Ie I I I I I I I Ie I I I I I I I Ie I Page 3 December 7, 1992 Bedford-Euless Road Bid Tabulations and Recommendation of Contract A ward 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 I ~ I'" 889-2971 I I I I I I Ie I I I I I I I e I I -JR-J ...&"II F'A VINCi. INC. PROJECT REFERENCES REAVES ~~E RECONSTRUCTION CITY Of' HURST YEAR COMFLETED: 1991 CONTRACT AMOUNT: $136.866 CONTACT: DON DAY (817) 338-9129 JIM SPARKS, ACTING CITY ENCINEER JOHNNIE REAGAN. INSPECTOR (817) 281-6160 1505 PRECINCT LINE ROAD HURST, TEXAS 76054 MACARTH~~ BOULEVARD CITY OF IRVING YEAR COMPLETED: 1991 CONTRACT k~OUNT: $647.290 CONTACT: DAVE MULLINS. ENGl~EER (2L4) 721-2611 BOBBY FENNELL. CHIEF INSPECTOR (214) 721-2219 JAMES DICKENS. INSPECTOR (214) 721-2219 SOUTHWOOD ADDITION - NEW COSSTR~CTION CITY OF BEDFOaD YEAR COMPLETED: 1991 CONTRACT AMOUNT: 5107,550 CONTACT: CITY OF BEDFORD RICKARD HILLS. I~SPECTOR (214) 952-2136 OWNER - ACORN DEVELOPMENT LEE SCHMIDT (214) 987..9167 DAN ECHOLS SENIOR ADULT CENTER CITY OF NORTH alCHLAND HILLS YEAR COMPLETED: 199t CONTRACT AMOUNT: $53.943 CONTACT: KEN MATHESON (817) 581..5679 DON DAY (817) 338-9129 PO Bo.5~ , , 332 M.ttue St.. 5u~t. 100 Dan.,. T'X 15229 ASPHALT PAVING. CONCRETE PAVING · SEAL COATING & REPAIR .'- l' I" -- II) 868-2911 -JR-J PA VINCi. INC. PO eoÅ5~ , 133' MaH'"a 5'. au". '00 Oallsl, nc 7~229 PROJECT REFERENCES 1 I 1 I I I Ie I I I I I I I Ie I DALLAS COUNTY COMMUNITY COLLEGE YEAR COMPLETED: 1990-1991 CONTRACT ~~O~T: $808.000 CONTAct: REID MORGAN (214) 324-7764 4343 N. HIGHWAY 67 MESQUITE. TX 7)150 FEDERAL CORRECTION INSTITUTE YEAR COMPLETED: 1990-1991 CONTRACT AMOUNT: $456,000 CONTACT: RUBEN FO~~ (214) 287-2911 2113 N. HICHWAY 175 SEAGOVILLE. IX 75159 LINCOLN PROPERTY COMPANY BUDCET RENT-A-CAR YEAR COMPLETED: 1990-1991 CONTRACT AMOUNT: $324.500 CONTACT: STEVE ROBERTS (214) 404-7747 3300 50YINGTON DRIVE CARROLLTON. TX 75006 JEFFERSON PROPERTIES YEAR COMPLETED: 1990-1991 CONTRACT ~~OUNT: $S80.000 CONTACT: STAN WALDROP (214) 5S6~3714 5215 NORTH O'CONNOR BOULEVARD IRVING. TX 75039 ROWLAND STREET RECONSTRUCTION CITY OF WHITE SETTLEMENT YEAR COMPLETED: 1991 CONTRACT AMOUNT: $85.948 CONTACT: DON DAY (817) 338-9129 PAUL BOUNDS. DIRECTOR PUBLIC WORKS HARK WHITE. INSPECTOR (817) 246..4971 214 MEADOW PARK DRIVE WHITE SETTLEMENT, TX 76108 ASPHALT PAVING . CONCRETE PAVING · SEAL COATING 8& REPAIR I' r--"'-: -- 2'...297' I I I I I I I I_ I I I I I I I I_ I -- ----..--....-. -------. JRtJ r--Ðll..--" ",~una;, -4 U 17W"""--LL J1 .I. - PA VINß. INC. PROJECT REFERESCES DALLAS NATIONAL CUARD 13 CRAIG GENERAL CONTRACTORS YEAR COMPLETED: 1992 CONTRACT ~~OUNT: $204.313 CONTACT: GREGG BRADSHAW (817) 640-6655 P.o. BOX 5444 ARLNGTOH. TX 76011 NORTHEAST COMMUNITY HOSPITAL BATTEN & SHAW, INC. YEAR COMPLETED: 1992 CONTACT: JIMMï BATTEN (615) 822-2373 P . 0 . BOX 1 52 3 HENDER50NVILLE, TN CONTRACT AMOUNT: $196.000 CITY OF FARMERS BRANCH WM. DODSON PARKWAY YEAR COMPLETED: 1992 CONTRACT AMOUNTI $385.000 CONTACT: STEVE WELCH - CHIEF INSPECTOR (214) 919..2~87 ARLINCTON MUNICIPAL AIRPORT ACCESS ROADWAY IMPROVEMENTS YEAR COMPLETED: 1992 CONTRACT AMOm¡T: $ 3 10 . 200 CONTACT: BOB POITER - HANAGEl (817) 265-3311 CHARLES WILLIS & ASSOC. ENGINEERS MIKE MOORE (817)261-1863 .M -v~&-. .. - ---- 7 ..... v 1- _ PO BOI 5~3-t , 13J2 M.a(hI, St . Su·tt '00 Oana. TX 7S,.,g ASPHALT PAVING' CONCRETE PAVING · SEAL COATING & REPAIR