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HomeMy WebLinkAboutCC 1991-06-24 Agendas ,I i - fJ I 'il I I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 24, 1991 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. 'I. NUMBER ! ITEM I ACTION TAKEN Request for Reconsideration of Lone Star Gas Rate Increase Request - Councilwoman Johnson (Agenda Item No. 11) (5 Minutes) 2. Report on CERT Meeting - Councilman Wood (5 Minutes) 3. GN 91-88 Resolution Supporting Joint Elections - Resolution No. 91-24 (Agenda Item No. 15) (5 Minutes) 4. GN 91-89 Amendment to Ordinance No. 1554 - Beautification Commission - Ordinance No. 1746 (Agenda Item No. 16) (5 Minutes) 5. IR 91-72 Mini-Bus Transportation Program for NE Tarrant County (5 Minutes) 6. GN 91-86 Adopting a Franchise with Laidlaw Waste Systems (Sunbelt), Inc. - Ordinance No. 1745 (Agenda Item No. 13) (10 Minutes) 7. IR 91-73 Bedford-Euless Road Expansion (15 Minutes 8. IR 91-70 Vehicle Tracking System (5 Minutes) 9. PW 91-18 Public Hearing on Levying a Schedule of Charges for the Drainage Utility System - Ordinance No. 1741 (Agenda Item No. 21) (5 Minutes) ! 10. NUMBER I ITEM l ACTION TAKEN I IR 91-71 Basketball Goals and other Obstructions or Hazards in the Street Right-of-Way - Ordinance No. 1743 (5 Minutes) 11. Other Items 12. Work Session (5 Minutes) 13. *Executive Session (10 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 14. Adjournment - 7:20 p.m. I II *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 Page 2 --- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 24, 1991 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. II i NUMBER ¡ Call to Order ITEM I ACTION TAKEN ] 1. 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting June 10, 1991 5. Presentations by Boards & Commissions None 6. Special Presentation of "Landscape of the Month" Award for the Month of June, 1991 7. Special Presentation of "Yard of the Month" Awards for the Month of June, 1991 8. Removal of Item(s) from the Consent Agenda 9. Consent Agenda Item(s) indicated by Asterisk (10, 14, 15, 16, 17, 19, 20, 22, 23, 24, 25, 26 & 27) I I I I I I I I I I Ie I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-75 Date: June 24, 1991 DRAINAGE UTILITY SYSTEM Subject: The recent legislature passed amendments to the original law relating to municipal drainage utility systems. One of the amendments included in Senate Bill No. 1409 states that cities cannot charge a fee to any property which falls into one of the following categories: 1. Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality for maintenance; and 2. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality having jurisdiction to declare the drainage of the municipality to be a public utility. This amendment will have an effect on our proposed drainage utility revenue as previously estimated at $68,450 per month for a $2.00 per ERU per month rate. The monthly revenue with the vacant and undeveloped properties being exempted will be approximately $46,320 for a $2.00 per ERU per month rate. The estimated yearly revenue will therefore drop from $821,400 to $555,840. ens, P.E. lic Works/Utilities ISSUED BY THE CITY MANAGER NOATH RICHLAND HillS, TEXAS I I ,I I I I I I I I \;1 f Page 2 ! NUMBER ! ITEM I ACTION TAKEN I *10. PS 91-06 Request of Northridge II Joint Venture for Replat of Lot lR and Lots 27R through 48R, Block 4, Northridge Addition (Located at the Northeast Corner of Harwood Road and Bob Drive) 11. Request for Reconsideration of Lone Star Companýs Rate Increase Request _ Councilwoman Johnson 12. GN 91-81 Lone Star Gas Rate Increase Request _ Ordinance No. 1742 13. GN 91-86 Adopting a Franchise with Laidlaw Waste Systems (Sunbelt), Inc. - Ordinance No. 1745 *14. G.N 91-87 Construction of Equipment Storage Building *15. GN 91-88 Resolution Supporting Joint Elections _ Resolution No. 91-24 *16. GN 91-89 Amendment to Ordinance No. 1554 - Beautification Commission - Ordinance No. 1746 I *17. GN 91-90 Appointments to the Charter Revision Commission (1991) - Resolution No. 91-23 18. GN 91-91 Renaming of the Glenview Center - Resolution No. 91-25 Page 3 I I I I I I I I I I , NUMBER ! ITEM ACTION TAKEN I *19. PU91-18 Approve Purchase of Right -of- Way from Harvey and Reda Harris for the Proposed Construction of Bursey Road (Parcel #8) *20. PU 91-19 Purchase of Tractor and Mowing Unit for Parks Department 21. PW 91-18 Public Hearing on Levying a Schedule of Charges for the Drainage Utility System _ Ordinance No. 1741 *22. PW 91-19 Award of Bid for Valley Park Estates Sewer Improvements *23. PW 91-20 Approve Contract for Enhancement Study for Bursey Road Street and Drainage Improvements Project *24. PW 91-21 Award of Bid for Crane Road Sewer Improvements * 25. PAY 91-06 Approve Payment for Air Conditioning to American Air and Heat *26. PAY 91-07 Approve Final Pay Estimate No.2 in the Amount of $3,417.82 to Axon, Inc. for Watauga Road Irrigation Improvements *27. PAY 91-08 Approve Final Pay Estimate No. 12 in the Amount of $0.00 to Circle "C" Construction Company for Mackey Creek Improvements, Phase II -- ~ ....... 'T -- 28. Citizens Presentation (tJ 8/-9/ Date //.. ~.... ~ - ~.L/ If./j/{ j 29. Adjournment Time r ¡... I c- oT By(:;? ~. ......-,.,.........~...,... I I I I I I I I I City of JXòrth Richland Hills June 18, 1991 PUBLIC NOTICE The City Council of the City of North Richland Hills will be attending an AMCC Conference June 20th through June 23rd at the Hope Arena Convention Center, Galveston, Texas. POSTED LiJ-/ð?' q / Date ç: -3 0 {/./lIL ..... . .. . . - - - ~ ...~ ~ . . Tune: City SecrEtar':: B,>O~~- (817) 281-0041 · 7301 N.E. lOOP 820 · P.O. BOX 18609 · NORTH RICHlAND HillS, TEXAS 76180 I Ie I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-75 June 24, 1991 Date: DRAINAGE UTILITY SYSTEM Subject: The recent legislature passed amendments to the original law relating to municipal drainage utility systems. One of the amendments included in Senate Bill No. 1409 states that cities cannot charge a fee to any property which falls into one of the following categories: 1. Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the municipality for maintenance; and 2. A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality having jurisdiction to declare the drainage of the municipality to be a public utility. This amendment will have an effect on our proposed drainage utility revenue as previously estimated at $68,450 per month for a $2.00 per ERU per month rate. The monthly revenue with the vacant and undeveloped properties being exempted will be approximately $46,320 for a $2.00 per ERU per month rate. The estimated yearly revenue will therefore drop from $821,400 to $555,840. ens, P.E. lic Works/Utilities ISSUED BY THE CITY MANAGER NOATH RICHLAND HILLS, TEXAS I, I_ I I I I I I I I_ I I I I I I I I_ I Job 3-241 File: NRH10D TABLE II Date: June 1991 NOR T H R I C H LAN D H ILL S ESTIMATED DRAINAGE UTILITY REVENUE ................. ........................................... ...... ...... ..... ...... .......................... ................ ................................................... ...... .......... ...... ..... ..... .... ................... .... ....... Average Acreage of single Family Lot Average CA of single Family Lot Billing Rate for ERU USE R1 R2 R3 R-4-SD R-5-D R-6-T R-8 USE COEF. R1 0.51 R2 0.54 R3 0.55 R-4-SD 0.59 R-5-D 0.59 R-6-T 0.63 R-7-MF 0.66 R-8 0.62 C 0.80 0 0.78 I 0.81 U 0.62 SU 0.57 Undeveloped 0.25 (S.F.) (Ac.) ACRES 1,111 2,430 1,257 53 174 48 287 11 788 34 262 522 112 4,575 1·..1·.,664· = 0.2889 Ac. = 0.1558 = $2.00 / Mo. RES. LOTS ; PER ACRE 2.88 4.05 4.77 9.96 9.96 12.45 8.30 TOTAL TOTAL LOTS CA BUlL T ON 2,560 7,877 4,800 422 1 ,386 478 189.42 73 630.40 26.52 212.22 323.64 63.84 1143.75 EST. REV/MO. $5,837 $13,548 $ 7, 1 04 $321 $1 ,053 $306 $1 ,945 $70 $8,093 $341 $2,725 $4, 155 $820 $0 . .>~.4ßr3.l8. · All Properties billed based on Runoff Coefficient. · See Appendix for derivation and application · Runoff Coefficients From Drainage Utility Study. of Drainage Unit Factor. · Variable billing rate for Single Family Residences. · Average Acreage of Single Family Lot is calculated on attached TABLE I which includes Right-of Way. · Average Area of Lot was excerpted from DRAINAGE IMPACT STUDY review of zoning requirements. · Assumption: 80X of all Residential Platted Lots in City are Built On. 15, 125 0.35 1 0,750 0.25 9, 125 0.21 4,375 0.10 4,375 0.10 3,500 0.08 5,250 0.12 RATE / Acre /Lot $·2..28 $01.72 ·$1.:48 $0.76 $0.76 $0~64 $8.47 $0.96 $1-0.27 $lO·~02 $10.40 . $7~96: $7~:32:- $O~OO TOT ALS ~ I I' I I I I I I ~ I I I I I I I I- I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-69 Date: June 24, 1991 Subject: Neighborhood Crime Watch Signs On Monday, June 3, 1991 Mr. Charles Cole, 6125 Riviera Drive addressed the City Council regarding numerous concerns. Among the concerns expressed was Mr. Cole's dissatisfaction with the Police Department's policy regarding Neighborhood Crime Watch signs. Mr. Cole has recently formed a crime watch in his neighborhood. The Community Services Division of the Police Department has a long-standing policy of providing two (2) neighborhood crime watch signs to each newly formed crime watch area. The group, should they wish to do so, can purchase additional signs at the cost to the city of the sign and pole. Mr. Cole does not concur with this policy and has suggested that a formula of one sign per ten homes be substituted. This is, however, not economically feasible within the budgetary structure of the police department. Each crime watch sign costs the police department $20.00 and each pole adds $10.00. The installation cost is absorbed by the Public Works department. In Foster Village, the largest crime watch, we have 400 homes, followed closely by College Hills with 365 and Glenn Ann with 350. The change in our policy would increase the City's cost from $60.00 per area to $1,200 in Foster Village, $1,100 in College Hills and $1,060 in Glenn Ann. No funds are available in either the 1990-91 budget nor the proposed 1991-92 budget to institute the change proposed by Mr. Charles Cole. The Police Department is comfortable with the current policy finding it to be fi sca 11 y sound and fa i r to all concerned. The number of cri me watch signs needed in any neighborhood is best determined by the participants in that area with the city furnishing two "free" signs and the citizens purchasing as many (or as few) signs as they may find appropriate for their particular group. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS - I I. I I I I I I I ~ I I I I I I -- I I INFòRMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-72 Jr¡ -=:::: M :::::::- ~~ V Date: June 24, 1991 Subject: Mini-Bus Transportation Program for NE Tarrant County The North East Transportation Service (NETS) is operated by the Northeast branch of the YMCA to provide transportation services to seniors, handicapped and low income citizens living in northeast Tarrant County. Several cities, including North Richland Hills, have provided funds to support these services. The transportation program has been operating for three months and is already at two thirds of capacity. The YMCA is very interested in obtaining Federal funding to purchase new vehicles and to cover a major portion of the operating costs. Federal grant funds are available from the Urban Mass Transportation Administration (UMTA). These grants are only available to local units of government or to special purpose units of government and not to non- profit organizations. On May 13th, 1991 the City Council received a request from NETS Chairman Jim Pridemore & Craig Schaefer of the YMCA that the City of North Richland Hills serve as the funding agency for this program. As an al ternati ve, it was proposed that the Fort Worth Transportation Authority serve in this capacity (IR 91-55, dated May 9th, 1991). The staff was directed to explore this alternative and submit a follow up report. Our further analysis indicates that designating the "T" to provide this service is the most feasible and desirable option. All interested parties seem to agree. The YMCA has requested the Fort Worth Transportation Authority to apply for and administer these Federal funds on behalf of the YMCA. The YMCA will provide the ridership service and be responsible for obtaining the local matching share from the participating cities in northeast Tarrant County. For your information, I have attached a copy of a memo from Mr. John Bartosiewicz, General Manager of the "T" which further describes the program and the financial arrangement. No action is required, however, the City of North Richland Hills will need to budget for its share of the local funding at 35¢ per capita. The current year budgeted amount is $11,250. . Respectfully submitted, ~~¿/r~ Barry LeBaron BL/~ Attachment _ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS "T"..... .... ~._ ~~.~ .~- .__ . _ ":. .~ ~._. I I. I I I I I I I ~ I I I I I I Ie I I YMCA of Metropolitan Fort Worth Urban Servi~es YMCA. 5341 Davis Blvd., Stc. A · Fort Worth. TcUl 76180 · (817) 428-6387 - -- PROJECT PROPOSAL NORTHEAST TRANSPORTATION SERVICE URBAN SERVICES YMCA PROJECTED UTILIZATION OF UMTA SECTION 9 FUNDS May 28, 1991 The Northeast Transportation Service (NETS) is operated by the Urban Service YMCA, a branch of the YMCA of Metropolitan Ft. Worth. Services are provided within Northeast Tarrant County for elderly, handicapped and low income residents of participating cities. Cities currently participating in the program include Keller, Watauga, N. Richland Hil18, Richland Hills, Haltom City, Bedford and Colleyville. NETS operates two demand response vehicles Monday through Friday between 7 AM and 7 PM.· The service began March 5~'1991. Ridership has grown rapidly, .and expansion of the number of vehicle. being operated will be necessary in the near future. If UMTA Section 9 funding becomes available to the NETS program, four vehicles will be operated in the' next fiscal year. This level of service would provide approximately 20,000 trips per year. Urban Services YMCA has accepted the responsibility for acquiring the funding for the NETS program. The following funds shoul~ be available to serve a8 a match for the program: Municipal participation at the level 35¢ per resident from all cities except Eulesa Uni ted Wa·y Contributions . ~ - .---.- . --- $ 86,359 25,000 5,000 Total ~ ~ $116,359 $20,000 will be used for 80/20 match for vehicle purchase. $96,359 will be available for SO/50 operating expenses match. Fares are anticipated to be $15,000. The tot~l operating budget with Section~, matching funds and· rider fares will be approximat.ly~7,OOO. - ---- to United Way H..PI H.. - --- I ':"A ... - :2 7' - e a I. I I I I '~I ~I I .t' ,I I I I I I Ie I I TUE 9 : 1 :2 THE T P.02 Craig I Follow1nq is the part ot the memo that summarizes the FWTA/YMCA aqreement. Alter doinq it I was surprised at its brevity, but I can't think of anythinq to add. Please feel free to critique. I will be leavinq town atter business hours Wednesday. It you need more from me to meet Sarry·. deadline you'll have to qet me before then. Thanks John B. PROVISION or SERVICE The YMCA will continue to be the service provider for NETS. It will enter into a contractual relationship with the cities to acquire the thirty-five cents per capita donations necessary to fund the oparation. The YMCA will utilize these funds, other donations and the NETS United Way allocation to serve as the local match to Acquire Urban Mass Transportation Administration (UMTA) capital and operatinq assistance. The federal funds will be used to purohase three mini vans and one fifteen passenqer van to provide the service. The vehioles will be accessible and operate on Compressed Natural Gal (CNG.) In addition, the UMTA fund. also will be ~s.d to help 8ubsidize the operation. Since the YMCA can not directly accept the federal funds, it will contract with the Fort Worth Transportation Authority (FWTA) for prevision ot grant servicQs. In the spirit ot regional cooperation, FWTA has agreed to provide these qrant services pro bono. FWTA will negotiate a regional allocation of UMTA Section 9 funds for NETS. It will apply for and directly receive funds in an amount not to exceed $176,000. As the YMCA makes available the looa 1 share ot the federal funds (which 1s twenty percent tor capital purchases and fifty percent of the subsidy fQr operatinq purposes) FWTA will release the UMTA funås. Capital funds will be paid directly to vendors and operatinq funds will be reimbursed to the YMCA based on· proper billings. Vehicles purchased for the service will be one hundred percent dedicated to NETS but because of federal regulations the title will be retained by FWTA. Should the service provider ohangQ, the operatin9 agreement between FWTA and the YMCA will require vehicles purchasèd for NETS be transferred to the NETS cities approved provider. Should the NETS program terminate service, the c~ties and FWTA will negotiate disposal of the vehicles so that UMTA requirements are met and the cities can recover their prorata share~ot the local m~~ch. I~ Ie I I I I I I I -- I I I I I I Ie I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-73 Date: June 24, 1991 Subject: Bedford-Euless Road Expansion On November 20, 1990 the Council decided to reconstruct Bedford- Euless Road as a 48 ft. four lane roadway. The Council felt there was not adequate funding for widening to five lanes. At our last meeting, IR 91-64 (attached) presented three estimates for a four fane reconstruction. Council decided, after discussion, to consider constructing a five lane road. The staff presents two options for your consideration. ALT. NO. ALTERNATE DESCRIPTION ESTIMATED CONST. ESTIMATED ENGIN. ESTIMATED R.O.W. TOTAL COST COST COST COST 1 . 61' Pavement Widening all on South Side $534,000 $53,400 $610,800 $1,198,200 2. 61' Pavement Widening on North Side - Taking $534,000 $53,400 $953,000 $1,540,400 15 Homes & 1 Vacant Lot These costs do not take into consideration the possibility of an assessment of south side property owners to see if their values will be enhanced by the widening. This option can be further pursued concurrently with the additional funding proposal described below. Both of these options provide sidewalks and utilities behind the curb. Option #1 - would take parking from all the businesses which would not enhance their property. There would be more business interruption in addition to the loss of parking. Option #2 - in taking the vacant lot and 15 homes we would provide a larger buffer with the remaining homes. This would allow more room for beautification. The commercial property on the south would not be impacted by this taking. A possibility for financing the additional cost would be the issuance of certificates of obligations. Annual payments on a 20 year, million dollar issue, would be approximately $94,000. A portion of right-of-way acquisition can be charged to utilities. This portion of the debt could fund the first four years of payment. There would be no impact on the General Fund Budget for the next four years. 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 Ie I Page Two We feel the Council should consider Option #2. This would provide utilities behind the curb, sidewalks, and help preserve the integrity of the residential neighborhood. There would also be a positive impact on the commercial property. R~~~~~~mitted' I!!. Sanford Assistant City Manager CAS/gp Attachment - I· Ie I I I I I I I 1ft I I I I I I Ie I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-64 Date: June 10, 1991 Subject:BEDFORD-EULESS ROAD from S.H. 26 to Airport Freeway; Right-of-Way Acquisition Council members decided in a work session held on November 20, 1990 to reconstruct Bedford-Euless Road as a 48-foot 4-lane roadway. Attached are revised cost estimates for the reconstruction of the subject 4-lane street. The revised cost estimates include the additional expense of approximately $98,400 for storm drain improvements needed in Bedford-Euless Road to mitigate flooding problems near Maple Drive. Also the three alternatives outline the fact that if we do not acquire 9.5 feet of parkway behind the back-of-curb then the replacement of the existing water lines in Bedford- Euless Road will have to be placed under the pavement. This could cause the City crews repairing a leak to have to dig up new pavement relatively soon after its placement. Alternate *1 is for no ROW acquisition, no sidewalks, and utilities relocated under the pavement. Alternate *2 requires the minimal amount of parkway to be acquired. Sidewalk would not be installed and water lines could not be relocated behind the curb. With the ROW acquisitions in Alternate *2, we would be able to establish the ROW at least 5 feet behind the curb at locations where it now exist at the curb line or in the street. Two properties would require ROW acquisition. The final alternative, #3, would be to acquire at least 9.5 feet of parkway behind the curb in all locations. This would allow relocation of water lines behind the curb and installation of a sidewalk on both sides. Comparison of costs for alternatives is as follows: Estimated Estimated Estimated Estimated Property Estimated Alternate Construction Cost Engineering Costs ROW Costs Damage Total Costs 1 $509,400 $50,940 -0- -0- $560,340 2 $509,400 $50,940 $ 16,100 -0- $576,440 3 $552,400 $55,240 $115,120 $30,000 $752,760 The current budget approved for this CIP project is $534,886. Sufficient funds can be made available for Alternate #1 and Alternate #2. If Council prefers to proceed with Alternate #3, funding may be available but will require further research. Staff would bring to Council an outline of the funding source in a proposed budget for the subject project. This budget would be presented to Council in a future Council meeting agenda packet. staff requests Council's guidance on which alternative to proceed with. Respectfully submitted, NO~TH RICHLAND HILLS, TEXAS ISSUED BY THE CITY MANAGER I " I I I I I I I II I I I I I I I , I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-70 Date: June 24, 1991 Subject: Vehicle Tracking System The North Richland Hills Police Department has acquired a stolen vehicle locator servi ce known as "TElETRAC II . Consumers purchase the TElETRAC device from car dealers and pay a monthly fee to assure that a stolen vehicle can be located. An accuracy of within 100 feet is projected by the firm. In the event the vehicle on which a vehicle locator system (VlS) is installed is stolen the central monitoring station at TElETRAC is notified instantaneously. The closest police department is notified and, if they have the tracking system, are able to see the location on a GEO- i nformat i on system map. The GEO-Data base i s updated annua 11 y to show all new streets. TElETRAC will furnish this map and load it on the police department's computer at no cost for the software. In order for our communicators to have the ability to track stolen vehicles we were, however, required to have a 100Mb hard drive 386 process personal computer dedicated to the system. This has been acquired through TELETRAC. If we as an agency wished to track certain vehicles in our own fl eet, we had to purchase spec i a 1 software for the system as we 11 as location units for each vehicle. We have elected to install TElETRAC on five police units. We now can determine the location of these units anywhere in the metroplex with a certainty of 100 feet of accuracy. This system can be activated either by the telecommunicator or by the operator of the vehicle or by TELETRAC should the vehicle be stolen. This system should become operational on or about September 1, 1991. The telemarketing of the devices will appear in late July or early August. We are the second department in the metrop 1 ex to i nsta 11 the system. We, however, anticipate that all police departments will acquire the stolen vehicle part of the system as finances permit, it is unknowable how many will acquire the ability to track their own vehicles. No publ i c funds have been invested in the North Ri ch 1 and Hill s system. The $8,054.00 for the computer, software, sensor units and their installation cost was absorbed entirely by our seized narcotic funds. ~1fr.(JJk -- . . Mc~ h· f of Police 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 {I I 'JHFOftMAL REPORT TO MA VOR AN D CITY COUNCIL No. IR 91-71 Public Works Date: Subject: Basketball Goals and other Obstructions or Hazards in the street Right-of-Way - Ordinance No. 1743 The Public Works Department and Community Development Department have received several complaints concerning basketball goals within the street right-of-way. staff has handled these complaints by appealing to the property owner's sense of public safety and concern for possible liability should someone be hurt using the goal. Until recently, this has worked and the property owner would remove the goal. Based on our current ordinances, we do not have the clear direct authority to have the resident remove the basketball goal. The attached ordinance was composed by the Attorney for the City at the request of the Public Works and Community Development Departments. The staff believes this ordinance will give us the needed clear authority to request removal of any item within the street right-of-way which may pose a traffic hazard or create an attractive nuisance along the city's streets. The staff has also provided a list of existing basketball goals which will be effected by the passage of this ordinance. staff has not contacted the owners of these goals because we have not received any complaints. However, the staff recommends all existing basketball goals be removed should Council elect to pass this ordinance. staff requests Council's guidance on this matter. Respectfully submitted, e s, P.E. ic Works/Utilities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I CITY, OF ~ORTH RICHLAND HILLS, TEXAS I~st of Existing Basketball Goals in Street ROW ~ne 18, 1991 I I ----------------------------- 7940 6909 6737 I 7708 7709 8402 I - 5917 6913 3812 I 4020 3809 6424 7704 I 7713 6884 4808 I 8025 6512 7808 Ie 7948 4412 5808 7023 I 7308 7808 6204 I 6516 7633 7301 7800 I 7812 6856 7316 I 7709 6509 5409 I 6801 7413 8400 6816 I 7128 8958 7528 I 7449 5521 5801 Ie 7254 7205 I Address Arlie Lane Aston Drive Bartay Drive Briar Cliff Court Briarridge Court Brookview Drive Cynthia Court Daniel Court Diamond Loch E Diamond Loch E Diamond Loch W Diamond Lock N Evergreen Ave. Frankie B Street Greenleaf Dr. Grove Street Hunter Lane Jerry Court Johnson Court Kandy Lane Keeter Drive Kilarney Court Lincoln Drive Moody Court Odell Street Onyx Dr. N. Paula Court Perkins Drive Post Oak Drive Red Oak Lane Redwood Court Richfield Drive Rockdale Court Rolling Ridge Court Scarborough Place Scott Drive Shady Dale Drive Shady Hollow Lane Springbrooke Court Still Meadows Cir. N Sweetbriar Court Tamiami Court Teakwood Court Timberhill Drive Topper Corut Ulster Drive Windcrest Court Windcrest Court E I Ie I I I I- I I I Ie I I I I I I I Ie I ORDINANCE NO. 1743 WHEREAS, the erection and/or maintenance of fences, poles, basketball goals, skate board ramps and other structures in the City right-of-way constitute a danger to the public; and WHEREAS, the erection and/or maintenance of fences, poles, basketball goals, skate board ramps and other structures in the City right-of-way constitute obstructions which interfere with access to the public right-of-way and public utilities placed therein; and WHEREAS, the erection and/or maintenance of a pole, basketball goal or skate board ramp in the public right-of-way in close proximity to the traveled portion of the street constitute attractive nuisances for children which cause a danger to children who congregate or play in or near the traveled portion of the public streets. NOW, THEREFORE, in order to protect the health and safety of the citizens of the city and to give unimpeded access to public utilities, the City Council of the City of North Richland Hills, Texas does hereby ordain: 1. That it shall hereafter be unlawful for any person, firm or corporation to erect or maintain a fence, pole, basketball goal, skate board ramp or other structure within the public right-of- way. 2 . The erection and/or maintenance of a pole, basketball goal or skate board ramp in a public right of way adjacent to the traveled portion of a public street or within ten feet of a traveled portion of a public street is hereby declared to be a public nuisance and shall hereafter be unlawful. 3. Any person, firm or corporation which violates any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. Each day of violation shall be a separate offense. 4 . In addition to the criminal penalty set forth in Section 3, the person, firm or corporation which is in violation of this ordinance may be given notice by the Director of Public Works of the City to remove such fence, pole, basketball goal, skate board ramp or other structure and the said Director of Public Works l- Ie I I I I I I I Ie I I I I I I I Ie I shall be, and is hereby, empowered to remove such fence, pole, basketball goal, skate board ramp or other structure if it is not removed by the violator within 10 days of such notice. PASSED AND APPROVED this day of , 1991. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City I Ie I I I I I I I . I I I I I I I .Mayor Pro Tern Sibbet moved, seconded by Councilwoman Spurlock, to approve the minutes of the I May 13, 1991 City Council Meeting, I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 10, 1991 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 10, 1991, at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Charles Scoma Linda Spurlock Mayor Mayor Pro Tern 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 Councilman Garvin gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING MAY 13, 1991 APPROVED I Ie I Motion carried 7-0. I I I I I I June 10, 1991 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS PARKS AND RECREATION BOARD MINUTES No action necessary. 6. SPECIAL PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD FOR THE MONTH OF MAY, 1991 Mayor Brown and Ms. Janice Davis, Beautification Commission Chairman, presented the "Landscape of the Month" award to First American Savings, 8555 Airport Freeway. 7. SPECIAL PRESENTATION OF "YARD OF THE MONTH" 2AWARDS FOR THE MONTH OF MAY, 1991 ~ayor Brown and Ms. Janice Davis, Beautification Commission Chairman, presented the "Yard of the Month" awards for the month of May, 1991 to: I I I I I Councilman Scoma removed Items No. 20 and 26 from the Consent Agenda. I I .Councilman Garvin moved, seconded by Councilman Scoma, to approve the Consent Agenda. I Motion carried 7-0, Mr. and Mrs. Stanley Blackmon, 6604 Harmonson Road Mr. and Mrs. Doug Streater, 7321 Spurgeon Court Mr. and Mrs. Dan Weed, 7524 Sean Mr. and Mrs. John Radvansky, 7917 Ember Oaks Mr. and Mrs. Donald Denney, 4209 Cummings Mr. and Mrs. Tom Schmidt, 7921 Lynda Lane Ms. Sandra Weston, 8955 Boca Raton Court Mr. and Mrs. Chuck Kilway, 6613 Quail Ridge 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (18,23,24,27,28,29 &30) APPROVED I I Ie I I I I Councilman Wood was excused from the Council table due to a conflict of interest. I Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. I Mr. Ernest Hedgecoth, representing the owners, spoke in favor, I Mr. Patrick Smith, 5340 Colorado Court, asked how the drainage would be handled, ~r. Smith was advised the developer was working with the City on the drainage. There being no one else wishing to speak Mayor Brown closed the Public Hearing. I I I Councilman Scoma moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1737, Motion carried 6-0. I Councilman Wood returned to the Council table, I I I .ayor Brown opened the Public Hearing and called for anyone wishing to speak to please come I forward, I June 10, 1991 Page 3 10. PZ 91-07 - PLANNING & ZONING - PUBLIC HEARING REQUEST OF NORTHRIDGE II JOINT VENTURE TO REZONE LOT 1R AND LOTS 27 THROUGH 110, BLOCK 4, NORTHRIDGE ADDITION, FROM R-6-T-PD TOWNHOUSE PLANNED DEVELOPMENT TO R-3 SINGLE FAMILY RESIDENTIAL (LOCATED AT THE NORTHEAST CORNER OF HARWOOD ROAD AND BOB DRIVE) Mayor Brown called for anyone wishing to speak in opposition to come forward. 11. ORDINANCE NO. 1737 APPROVED 12. PZ 91-08 - PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE NO. 1080 REGARDING PARKING DIMENSIONS ORDINANCE NO. 1738 APPROVED I Ie I I I I Motion carried 7-0, I I I June 10, 1991 Page 4 Council was advised this revision was a housekeeping item clarifying the method of calculating parking spaces. There being no one wishing to speak Mayor Brown closed the Public Hearing. Mayor Pro Tern Sibbet moved, seconded by Councilman Welch, to approve Ordinance No. 1738. 13. PZ 91-10 - PLANNING & ZONING - PUBLIC HEARING REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REZONE 37 LOTS IN DIAMOND LOCH ADDITION FROM R-5-D DUPLEX TO R-l SINGLE FAMILY RESIDENTIAL Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. ~r. Barry LeBaron, Community Development Director, gave a summary of the reason for the ~roposal. There was discussion on the resident that wished to retain the duplex zoning. I II I I I I Mayor Brown called for anyone wishing to speak in opposition to please come forward, There being no one else wishing to speak Mayor Brown closed the Public Hearing. 14. ORDINANCE NO. 1739 APPROVED Councilman Scoma moved, seconded by Mayor Pro Tern Sibbet, to approve Ordinance No. 1739 excluding Lots 9 and 12, Block 7, Diamond Loch Addition, Motion carried 7-0. 15. PZ 91-11 - REQUEST FOR APPEAL HEARING ON TRACT 7, JOHN'S ADDITION - BANK OF NORTH TEXAS I Councilman Wood moved, seconded by Councilman Garvin, to set the Appeal Hearing for July 8, f199I. Motion carried 7-0. I I Ie I I I I I Mr. Oscar Trevino, 7805 Amy, spoke in favor of the zoning. I I Mayor Brown called for anyone wishing to speak in opposition to come forward, June 10, 1991 Page 5 16. PZ 91-12 - PLANNING & ZONING - PUBLIC HEARING REQUEST OF OSCAR TREVINO, JR. WITH J.L. STEELE, INC. TO REZONE LOTS 1 & 2, BLOCK 2, MEACHAM ADDITION, FROM R-2 SINGLE FAMILY RESIDENTIAL TO C-2 COMMERCIAL (LOCATED ON THE WEST SIDE OF SMITHFIELD ROAD BE1WEEN GUY STREET AND ARTHUR DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. There were questions from the Council pertaining to the height of the storage and placement of the fence. There was discussion regarding egress and ingress. I The following spoke in opposition to this request: e Ms. Virginia Johnson, 6413 Smithfield Road Mr. Jim Johnson, 6413 Smithfield Road Mr. King Bell, 7829 Arthur Drive. I I There being no one else wishing to speak Mayor Brown closed the Public Hearing, 17. I ORDINANCE NO. 1740 APPROVED I I Motion carried 7-0. I I Ie I Councilman Scoma moved, seconded by Councilman Garvin, to approve Ordinance No. 1740 with the stipulation of a six foot screening fence on all sides except the east side and entrance only from Smithfield Road. *18. PS 91-05 - REQUEST OF KEITH & JO ELLEN ANDERSON FOR FINAL PLAT OF LOT 1, BLOCK 1, KLA ADDITION (LOCATED ON THE EAST SIDE OF CRANE ROAD SOUTH OF AMUNDSON ROAD) APPROVED I Ie I I I I I I Motion carried 7-0. I Ie I Mr. Jack Knowles, representing B.I.S,D., spoke in favor of the request. I There was considerable discussion on additional right-of-way for Green Valley Drive. Mr. Jerome Taylor, 7801 Clover Leaf, requested that sidewalks be installed. I I I Mayor Brown called a recess. I I Councilman Wood moved, seconded by Councilman Garvin, to approve PS 91-08 subject to the Engineer's comments, dedication of additional five feet of right-of-way and portion of Green Valley eDrive in front of school to be built by B.I.S.D. I Motion carried 7-0, June 10, 1991 Page 6 19. PS 91-07 - REQUEST OF TECNOL, INC. FOR REPLAT OF LOTS 5R & 6R, BLOCK 1, N.R.H. INDUSTRIAL PARK ADDITION (LOCATED ON INDUSTRIAL PARK BOULEVARD EAST OF RUFE SNOW DRIVE) APPROVED Mr. Max Reeve, representing Tecnol, asked for a variance from the street light and sidewalk requirements. Councilman Scoma moved, seconded by Mayor Pro Tern Sibbet, to approve PS 91-07 subject to Tecnol signing a covenant on the installation of the sidewalks, and the sidewalks to be installed at the time the City determines it to be necessary and staff to bring it back to Council for approval. 20. PS 91-08 - REQUEST OF BIRDVILLE I.S.D. FOR FINAL PLAT OF LOT 1, BLOCK 1, GREEN VALLEY ADDITION (LOCATED AT THE NORTHEAST CORNER OF JOHN AUTREY ROAD AND KELLER- SMITHFIELD ROAD) APPROVED Mr. Taylor was advised that sidewalks would be installed on the school's portion and when the other undeveloped property was platted sidewalks would be required, RECESS BACK TO ORDER Mayor Brown called the meeting back to order with the same members present as recorded, I - I Ie I I I I I I I June 10, 1991 Page 7 Staff was asked to look into the possibility of placing black top sidewalks along the unplatted property, 21. REQUEST FOR RECONSIDERATION OF "NO PARKING" ZONE ON WULIGER WAY _ COUNCILMAN WELCH Councilman Garvin moved, seconded by Councilman Scoma, to reconsider the "No Parking" zone on Wuliger Way. Motion carried 5-2; Mayor Pro Tern Sibbet, Councilwoman Johnson, Councilmen Garvin and Scoma voting for and Councilwoman Spurlock and Councilman Welch voting against. 22. GN 91-65 - APPROVE "NO PARKING" ZONE ON WULIGER WAY ORDINANCE NO. 1729 APPROVED Councilman Garvin moved, seconded by Councilman Scoma, to approve Ordinance No. 1729 with the "No Parking" signs to be placed on the north side and on the cuI de sac, sign to be placed in the cuI de lesac to indicate clockwise turn on west end and on north side sign to be placed "Trucks Park This Side". Mr. Rainbolt, representing H & M Foods, spoke in opposition to the placement of the no parking signs. 25. GN 91-81 - LONE STAR GAS RATE INCREASE REQUEST ORDINANCE NO. 1742 DENIED I Councilman Scoma moved, seconded by Mayor Pro Tern Sibbet, to deny Ordinance No. 1742. Ie Motion to deny carried 6-1; Mayor Pro Tern Sibbet, Councilwomen Johnson and Spurlock, Councilmen Welch, Garvin and Scoma voting for denial and Councilman Wood voting against. I I I I I I Motion carried 7-0. *23. GN 91-79 - CONTRACT WITH AITORNEY FOR THE CITY APPROVED *24. GN 91-80 - APPOINTMENT TO THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITI'EE APPROVED I I Ie I I I Councilman Scoma moved, seconded by Mayor Pro Tern Sibbet, to approve GN 91-82, I I I I Ie I I I I Ms. Sharron Stout, 7213 Harwick, appeared before the Council. I I Ms. Stout was advised City Staff would check into the matter, I Mr. Charles Cole, 6125 Riviera, appeared before the Council. June 10, 1991 Page 8 26. GN 91-82 - NAME FOR NEW STREET FROM HOLIDAY LANE TO TECNOL APPROVED Motion carried 7-0. *27. GN 91-83 - PROPOSED WRITE-OFF DELINQUENT PERSONAL PROPERTY TAX ACCOUNTS APPROVED *28. GN 91-84 - RICHFIELD PARK LIGHTING PROJECT APPROVED *29. GN 91-85 - PROPOSED USE OF CDBG FUNDS FOR HUMAN SERVICES APPROVED *30. PU 91-17 - APPROVE PURCHASE OF RIGHT-OF-WAY FOR CRANE ROAD SANITARY SEWER IMPROVEMENTS APPROVED 31. CITIZENS PRESENTATION Ms. Stout advised the Council of a problem she had with a neighbor putting tree limbs next to her fence. _Mr. Cole spoke on the level of the lake in Meadow Lakes and vandalism in the area. Mr. Cole also I spoke on the need for more crime watch signs and a problem with hand bills being placed on doors, I I Ie I June 10, 1991 Page 9 Mr. Rick Vaughn, representing Lone Star Gas Company, appeared before the Council. I Mr. Vaughn spoke on the request for a rate increase, I Mr. Jerry Taylor, 7801 Clover Leaf, appeared before the Council. I Mr. Taylor spoke on a problem in his neighborhood concerning teenagers and adults crossing the street barrier at Bursey and Emerald Drive. Mr. Taylor felt this would increase vandalism in the area, I Mr. Marlin Miller, 5901 Susan Lee Lane, appeared before the Council. I Mr. Miller felt the City should publish what the $2.00 charge for the Drainage Utility System was going to be used for. Mr. Miller felt it was a hidden tax. I Mr. Miller was advised there would be a public hearing on this matter July 8th, -- I 32. ADJOURNMENT I Motion carried 7-0, Councilwoman Spurlock moved, seconded by Councilman Garvin, to adjourn the meeting, I I A TIEST: Tommy Brown - Mayor I I Jeanette Rewis - City Secretary I f I CITY OF NORTH RICHLAND HILLS ~epartment: SUbject: Community Development Council Meeting Date: 6/24/91 Request of Northridge II Joint Venture for Replat of Lot 1R and Lots 27R through 48R, Block 4 Northridge Addition Agenda Number~S 91-06 Northridge II Joint Venture has submitted a replat of a 6.5 acre undeveloped tract located at the northeast corner of the intersection of Harwood Drive and Bob Drive. The property is currently platted into 84 lots. At the June 10th meeting, the City Council approved a request to rezone this property to R-3 Single Family Residential. Previously the property had been zoned R-6-T PD (Townhouse - Planned Development). The owners are requesting approval to replat the property into 23 single family lots which are to be developed as a subdivision under the R-3 zoning regulations. During the review of this replat, citizens adjacent to the tract located on Colorado Blvd. were concerned about potential drainage problems arising from the new sUbdivision. Attempts by the developer to obtain a drainage easement from two of the property owners on Colorado Blvd. were unsuccessful. Therefore, the storm drainage system was redesigned to prevent drainage flow to Colorado Blvd. The new plan satisfies the criteria of the SUbdivision Ordinance and the Design Manual for Public Works. Drainage improvements consisting of a flume and drop inlet on Bob Drive will be installed. 4IÞ All other engineering comments have been addressed by the developer and the replat is ready for consideration by the Council. This plat was reviewed and approved by the Planning and Zoning Commission at its April 11th meeting. Recommendation: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission, subject to engineering comments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) _ Sufficient Funds Available 4IÞ gf::~ting Budget - . e~ (])~ ~:J3fiÅA-- Ie. 1t1~ {Dèpartment Head Signature I City Manager CITY COUNCIL ACTION ITEM I Finance Director Page 1 of , I I-I I I<4OS I ~ . ,- ........ I ~-r-. '~H~ R-7-MF , r- .- it- ; t" ..---- ,#.l '" c- L.JI~ c__ _r- :r. _ J _ø... - """ _ I I -- - 14( I f L ¡ · I ~ .,' r ~ ¡.t>' -bA--, _ "'. - ~ 7 / / Ll J l j ¡ j I, b. I ;"'\":' '" R· 3 ... f R - 7 - ÞA F I IT, ~ I ..¡,:::,~~.... : I \~ . .,Þ ~~ m~;"'~ T 1-.0.1(" ..... . ".........,~...". ,'\ \,\ '... " ~ '0.. e. ì , \/ _ . [ :.. I .L!L.IJ I Ie· I ."'"' -1,'D 1 n",~? -~-u r'" t J ~tTJ~ : ~:?-- -= ';-1-MF \~~:~C-I C-I'~> _ Pi ' ' ~I wtt: , .. - - - \ \ 51 ~ I . - r_ 2. . T C- 2 ~ 311;:4 C:I it _ - I: 7¡.;"'v ,~I l ~ .5 U --- .. 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" .. f~Ç I ~' c....... , .~ T. 1 ..~ - .... C-f I " .' s:tjJ ~tI~'¡ I .c1Qlf1__ \ 241 I Ic 1 It] ~ .. i 1 · ¡¡. G x.. ' "'C ....~. L':~. , C -1- 'C -1 :1 "- j ...::~::I.r~ ,," · . ~ . I (\fT'... SUo ~C· C-I S U ~'\t, , \ I~ SU· Ie. 2 5 \ I I~' .... .........~u ~.... 1 = C-2 ~ \1 ,.....,. C-2 11~ ,. \ - I " , - "" \ '~~~" c-, PD ::\ ':,1 ItGt . '..& ., R- MF I-I 1 ! F I 1t....,.~ - ~~. j ¡ ;- C-IS " f FE'.8 21.89 115.0,1544,1&42.1649 t558.JS5 1: 1558.15&2 - 1&6!.t5&4.151O.t!71 - ;~"'« I~/ teTS. 1576.1577. ego D£C 1r4,_ 1553,*>O,I602,J608 I, ~_~~I5~~.I.~.I!~ ~:¡ .. ..... ... ,., '."'0 t.ft ì',' ¡I - I Ie I MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 11, 1991 - 7:30 P. M. I CALL TO ORDER The meeting was called to order Chairman Mark Wood at 7:30 P.M. I ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members M Wood ames Brock David Barfield Don Bowen Ron Lueck Don Collins Pat Marin Paul Miller Barry LeBaron Steve Pence Wanda Calvert I . Member ire Community Dev. Building Official P & Z Coordinator I I I CONSIDERATION OF THE OF MARCH 14, 1991 Mr. Lueck said that on Page 16, 5th paragraph, the word "most" should be changed to "must". Ie Ms. Marin made the motion to approve the minutes with the change. This motion was seconded by Mr. Lueck and the motion carried 7-0 with Chairman Wood abstaining since he was not present at the meeting. I I Chairman Wood said, since he has a conflict of interest in the first two cases, he would turn the meeting over to Vice Chairman Brock. He said, also, that Alternate Member Miller would vote in his place. I I I Vice Chairman Brock said that since these two cases are for the same property, they would be heard together, but voted on separately. I I Ie I 1 . PZ 91-07 Public Hearing for request of Northridge II Joint Venture to rezone Lot lR and Lots 27 thru 110, Block 4, Northridge Addition, from their present classification of R-6-T-PD Townhouse Planned Development to R-3 Single Family Residential. This property is located at the northeast corner of Harwood Road and Bob Drive. I Page 2 P & Z Minutes Ie April 11, 1991 I 2. PS 91-06 I I I I I I ~ I I I I I I PZ 91-07 APPROVED I Ie I Public Hearing for Replat of Lot lR and Lots 27R thru 48R, Block 4, Northridge Addition. This property is located at the northeast corner of Harwood Road and Bob Drive. Vice Chairman Brock opened the Public Hearing and called for those wishing to speak in favor of these two cases to please come forward. Ernest Hedgcoth, Consulting Engineer, came forward to represent the developers for this project. He said they are request a zone change from R-6-T Townhomes to R-3 Single Family and feel this is a much better use of the land. Mr. Hedgcoth said the property is surrounded by residential on the east and north and there is an apartment complex on the west side of Bob. He said there are 86 platted lots now, but they wish to change it to 23 lots. He said, from the stand point of traffic, safety and maintenance, this would be better for the city and would serve as a buffer. Mr. Hedgcoth said it would enhance the neighborhood and add to the tax roll. Vice Chairman Brock called for anyone else wishing to speak in favor of these two requests to please come forward. There being no one, the Vice Chairman called for those wishing to speak in opposition to please come forward. There being no one wishing to speak, Vice Chairman Brock closed the Public Hearing. Mr. Bowen moved, seconded by Mr. Barfield, to approve PZ 91-07. This motion carried 7-0. Vice Chairman Brock said Mr. Barfield said he had a question about the plat. I Page 3 P & Z Minutes Ie April 11, 1991 I I I I I I I ~ I I I I I I I Ie I Mr. Barfield said there may incur a drainage problem to the north of Texas Street in trying to get an easement through the residential area. He asked could they possibly put inlets where both of their easements are at the north end of Texas Street and at the west end of San Jacinto to put the positive overflow to Bob Street. Mr. Hedgcoth said they would look into that, but the natural drainage would be to go through to Colorado Court. He said if they cannot do that, they will look at this alternative. He said there are two inlets on Bob, but they are not large enough for the 100 year storm. Mr. Hedgcoth said they had previously intended to go that way, but the city prefers us go to Colorado Court. Vice Chairman Brock said they agreed to all the engineer's comments, but that one and number three regarding the side yard set-backs on three lots. Mr. Hedgcoth said the builders had requested this; they say their house plans would fit better. He said they considered moving the lot lines over in the cuI de sacs, but that would have made the front of the lots smaller so you would have to set the front building line back further to get the required lot width. Mr. Hedgcoth said they can restrict the three lots so they will not face Texas Street and they would have rear entry garages. Mr. Barfield said P & Z is currently studying an ordinance to require masonry fences along collector streets and he asked if they would consider this. I Page 4 p & Z Minutes Ie April 11, 1991 I I I I I I I ~ I I I I I I I Ie I Mr. Hedgcoth said they are planning on putting some kind of a masonry entry fence. He said right now, there is a masonry fence on the east side of this property for that subdivision and they will probably extend that one. Mr. Hedgcoth said they had not planned on anything but an entry fence, but they would consider one along Harwood Road. Mr. Bowen asked the people in the audience if they had any questions they wished to ask. Patrick Smith, 5340 Colorado Court, came forward. He wanted to know what type of houses are going to be built there and the square footage. Mr. Hedgcoth said the square footage will meet the R-3 requirement which is 1600 square feet, but they plan to build 1600 to 1800 square foot homes. Vice Chairman Brock said, looking at the lots, R-3 has 7500 square foot lots and the present zoning has very small lots. Mr. Hedgcoth said these lots are well over the R-3 requirement. Mr. Wood said the minimum lot size for R-3, which is the zoning on Colorado, Colorado Court, and Lynda, is 7500 square feet, but these average 10,200 square feet. He said several are 13,000, 14,000, and 15,000 square feet on the cuI de sacs and they will be very comfortable with what is there. Mr. Lueck said it would be much better than the current R-6 zoning. Mr. Bowen said the R-6 has 3500 to 4,000 square foot lots. Ruth Heidel came forward. She wanted to know more about the drainage. I ~ I I I I I I I ~ I I I I I I I Ie I Page 5 P & Z Minutes April 11, 1991 PS 91-06 APPROVED 3. Mr. Hedgcoth said they will collect the water in a pipe underground and take it to Lynda to an existing storm sewer. Ms. Heidel asked about the drainage on Bob. Mr. Hedgcoth said that would be an alternative plan for the overflow for the 100 year flood. Vice Chairman Brock said that either way they go should releave most of the problem. Mr. Barfield asked Mr. LeBaron if they could address the issue of a masonry fence for this project. Mr. LeBaron said we do not have an ordinance on that at this time. Mr. Wood said there will be no problem in putting in a masonry fence on Harwood all the way to Bob. Mr. Barfield made the motion to approve PS 91-06 with the stipulation that lots 41, 42, and 48 have rear entry garages, side building lines changed from 20 feet to 15 feet on lots 41, 42, and 48, and that a masonry sight barring and sound dampening fence be required along Harwood Road and designed by a structural engineer. This motion was seconded by Mr. Lueck and the motion carried 7-0. Chairman Wood returned to t othe on the lscussion. Discussion regarding masonry screening wall requirements for new subdivisions. · I Ie I I I I I I I Ie I I I I I I I Ie I ERNEST HEDGCOTH Consulting Engineers, Inc. PLANNING · DESIGN · ENGINEERING Apr i 1 3, 1991 City of North Richland Hills Planning and Zoning Commission 7301 N.E. Loop 820 North Richland Hills, Tx 76180 Re: PS 91-06, Northridge Addition Block 4, Lots 1R-1, 27R-48R, Replat and Preliminary Construction Plans We offer the following reply to Kevin Miller's comments in his memo dated March 28, 1991: 1. The Surveyor's seal and signature will be included on the plat. 2. The requested sidewalk and utility easements will be indicated on the plat. 3. We request a variance for Lots 41-R, 42-R, and 48-R for a 15' sidelot setback along Texas Drive instead of the required 20' setback. The lots will be restricted to rear entry garages and all houses will front on the cul-de-sac. 4. Additional right-af-way for Harwood Road will be dedicated if required to meet the 34' north of the existing centerline requirement. 5. Sidewalks will be shown on the street plans and constructed with the improvement of each individual lot. 6. street lights will be installed where requested on the marked plan and will be shown on the street plans. 7. The drainage areas and calculations will be revised as requested. 8. The Engineer's Certification will be added to the drainage study. 9. We have contacted and are currently working on an agreement with the owners to the north to acquire a drainage easement along their mutual property line. There is currently a fence along the property line and limited space on either side of the line that may restrict the use of an overland concrete flume. 10. The signature block provided will be used. 5701-C Midway Road Fort Worth, Texas 76117 817-831-7711 I Ie I I I I I I I Ie I I I I I I I Ie I Page 2 NRH P&Z April 3 11. The sanitary sewer could be relocated as requested, however as mentioned in item no. 9, space is limited at the property line that accesses Colorado Court, and may cause conflicts between the sanitary sewer line and storm drain line. 12. The appropriate details for services will be -included in the construction plans. 13. All mentioned revisions shall be made and final construction plans submitted to the City prior to plat submission to the Council for final approval May 13, 1991. Replats normally show the existing lots, however the existing plat }las 81 lots and if shown on this plat would make it difficult to read. A copy of the existing plat has been attached to the replat. Sincerely, h#Ld7:d~# Ernest Hedgcoti, P.E. 9188b.ltr I I City of JXörth Richland Hills e I I I I I I I Ie I I I I I I I Ie I March 28, 1991 Ref: PWM 91-022 MEMO TO: Planning and Zoning Commission FROM: Kevin B. Miller, P.E. Assistant Director of utilities SUBJECT: PS 91-06; NORTHRIDGE ADDITION; Block 4, Lots 1R-1, 27R-48R; Replat and Preliminary Construction Plans I have reviewed the subject documents and offer the following comments. 1. The Surveyor's Seal and Signature should be included on the plat. 2. There are two street intersections which will require Sidewalk and Utility Easements as defined in the Design Manual. The easements should be clearly indicated on the plat. 3. The building setback along the west side of Texas Drive is only 15 feet. This does not meet the 20 foot requirement specified in the Zoning Ordinance. 4. Harwood Road is designated as an M4U on the Master Thoroughfare Plan. This designation requires a 68 foot ultimate right-of-way. It appears that the right-of-way does not currently meet the 68 foot requirement. If that is the case, additional right-of-way dedication may be required. The ultimate right-of-way requirement is a total of 34 feet north of the existing centerline. 5. Due to the recently passed Zoning Ordinance, this subdivision will be required to construct sidewalks adjacent to all streets. The sidewalks should therefore be added to the construction plans. The sidewalks should be constructed with the improvement of each individual lot. It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. 6. street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights should be shown on the plans to confirm compliance with current ordinances. Additional street lights will be required based on current ordinances. The street lights which will be required within the subdivision have been marked on the attached plan. The cost for installation of the additional street lights will be paid by the developer directly to TU Electric. (817) 281-0041 7301 N.E. LOOP 820 . P.o. BOX 18609 . NORTH RICHlAND HillS, TEXAS 76180 . I Ie I I I I I I I Ie I I I I I I I Ie I 7. The Preliminary Drainage study does not appear to incorporate all of the area which will be collected if the lots are constructed to City Standards. The calculations should be revised as noted. 8. An Engineer's Certification should be added to the Preliminary Drainage study sheet. A sample Certification is included in the Subdivision Ordinance. 9. All drainage easements dedicated between lots need to include an overland concrete flume. This will provide overland relief and discourage property owners from cross-fencing the easement as well as protecting the area from erosion. It appears that the dedication of an offsite Drainage and utility Easement will be required to the North. 10. The attached signature block should be used rather than the signature line provided. 11. The sanitary sewer proposed to drain to Bob street, should be relocated to connect to the existing stubout in Colorado Court. 12. The appropriate details for services should be included in the construction plans. Note that the details included in the Design Manual do not contain logos other than the City's. It is therefore recommended that the details be used in their entirety. 13. Final Construction Plans should be included with the next submittal. The Plans should include all of the design considerations defined in the Design Manual. %~~~~ 'Kevin B. Miller, P.E. Assistant Director of utilities cc: Greg W. Dickens, P.E., Director of Public Works/utilities Barry LeBaron, Director of Community Development , , I II I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Administration Lone Star Gas Rate Increase Request - Subject: Ordinance No. 1742 Council Meeting Date: 6/10 /91 Agenda Number: GN 91-81 On February 25, 1991, the City Council suspended a rate increase request from Lone Star Gas Company for 90 days from the proposed March 14th effective date. The 90 day suspension period will expire June 14th. The Attorney for the City will give a verbal recommendation on recommended Council action at the June 10th Council meeting. --Recommendation: It is recommended that the City Council take action on the Attorney's recommendation regarding Ordinance No. 1742. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available /} e/f1 ~ ~ Department Head Signature , City ~ager CITY COUNCIL ACTION ITEM - . Finance Director I Ie I I I I I I I Ie I I I I I I I Ie I Lone Star Gas Company FORT WORTH DIViSION OF DISTRIBUTION 908-12 Monroe Street · Fort Worth, Texas 76102 June 12,1991 The Honorable Mayor Tommy Brown and City Council Members City of North Richland Hills, Texas Re: Lone Star Gas Company Rate Request Honorable Mayor Brown and City Council: On February 6, 1991, Lone Star Gas Company filed a request for authority to increase its residential and commercial rates in North Richland Hills and 17 other cities comprising its Fort Worth Distribution System. The City of North Richland Hills elected to suspend Lone Star's request for the maximum allowable time in order to study the filing and coordinate its evaluation efforts with the other 17 cities, including the City of Fort Worth. Subsequently, the City of Fort Worth hired a consulting firm, McMorries and Associates, to evaluate the propriety and justification for Lone Star's request. McMorries' findings supported an alternate amount of revenue and rate structure than proposed by Lone Star Gas. The attached Comparison of Rates Information shows the amount of revenue increase attributable to the North Richland Hills segment of this distribution system for both Lone Star proposed and consultant recommended amounts ($150,031 and $77,863, respectively). The last time Lone Star Gas received an increase in its general service rates for its customers in North Richland Hills was in November, 1985. Since then, the increased cost of doing business has created the need for additional revenues as supported by the Consultant's study and report. Lone Star's original request of a 3.58% increase, and the Consultant's 1.86% recommended increase in annual revenues were but a fraction of the annual rate of inflation all businesses have experienced over the last six years in this City. Even the public sector in North Richland Hills has surely dealt with the economic pressures of rising costs of providing public services during this period of time. Few businesses or governmental entities with highly regulated prices could have operated as efficiently as Lone Star Gas did during this period. I Ie I I I I I I I Ie I I I I I I I Ie I One of the biggest concerns in this rate filing is how the new rate would impact Lone Star's customers, particularly those on fixed incomes. Under the Consultant's recommended rate, a typical residential customer in North Richland Hills that uses 15 Mcf of gas in an extremely cold winter month would realize a $(.24) decrease in his/her monthly bill from present rates. A commercial customer using 25 Mcf of gas would experience a $5.58 or 4% increase per month based on present rates. Please note that the Consultant's recommended rate structure has either already been adopted or is scheduled to be adopted in about 95% of the subj ect cities to date, including the City of Fort '~orth and North Richland Hills' neighboring cities. As regular City Council meetings occur within the next couple of weeks, it is anticipated that action will be taken by the remaining towns to insure that their citizens do not have to pay more for natural gas service than the other cities within the same distribution system. This principle of uniform rate setting throughout a multi-town distribution system is well-established by the Texas Railroad Commission (the appellate body for natural gas distribution regulatory proceedings in Texas). Based on recent action taken by the City of North Richland Hills with regard to this rate filing, there are several other issues that the City may wish to reconsider in establishing just and reasonable natural gas rates for Lone Star's customers in North Richland Hills. First, in good faith the other cities within this distribution system have made a consolidated effort to coordinate their evaluations of this filing and arrive at what they believe to be fair for both customers and this Company. In fairness to the other cities within the Fort Worth Distribution System, it would not be proper to allow one of the other cities within that system to remain on a lower rate from the others. Second, the appropriate means for insuring a uniformity of rates in this multi-town distribution system would be through time-consuming and potentially very costly regulatory proceedings before the Railroad Commission. Based on experience and comments made on public record by the Consultant in another recent rate case, the cost of a distribution appeal before the Railroad Commission could run upwards to $30,000, all of which would be charged back to the customers of that particular town. For a town the size of North Richland Hills with 5,937 gas customers, this would equate to about $5.05 per customer. This expense would be surcharged until fully recovered. In the case of the Fort Worth Distribution System, this would amount to what some might consider to be a frivalous and unnecessary expense to Lone Star's customers due to Railroad Commission precedent, and to a rate consultant who has based his recommendations on historical Railroad Commission ratemaking methods. Lone Star Gas clearly understands the City's need to carefully weigh all of the issues pertaining to this rate request, and fully appreciates the complex task the City has in ascertaining what is best for all of its citizens, both private and corporate. Perhaps this additional information will help illuminate some of the issues that were not discussed in the last City Council meeting in regards to this case. I Ie I I I I I I I Ie I I I I I I I Ie I Let me assure you that our Company stands ready to assist the City Council and the City Staff in any way to help facilitate the decision-making process, and to arrive at a timely and proper conclusion on this rate request. Lone Star Gas remains strongly committed to providing the highest quality of service expected by both our customers and our regulators. Sincerely, ~ 8- j~ Rudy B. Flores East Zone Manager RBF:cp attachment I Ie I I Une No. 1 I ~ 4 I - : I I 'I Ie I I I I I I I Ie I lONE STAR GAS COMPANY NORTH RICH LAND HillS, TEXAS COMPARISON OF RATE INFORMATION TEST YEAR ENDED 6-30-90 Revenue Increase (Decrease) Residential Commercial Subtotal Service Charges Total Revenue Increase Lone Star McMorries Proposed Proposed $157,711 $53,676 (18,616) 13,251 $139,095 $66,927 10,936 10,936 $150,031 $77 ,863 3.58% 1.86% 7 % Revenue Increase 8 Rate Information 9 Residential: 10 Customer Charge 11 All Consumption @ 12 Off-Peak Sales Discount 1) 13 Commercial: 14 Customer Charge 15 First 20 MCF @ 16 Next 30 MCF @ 17 Over 50 MCF @ 18 City Gate Rate 19 Volume Factor 20 Tax Factor $8.0000 $5.3020 Per MCF $0.2500 $7.0000 $5.2020 Per MCF $0.2500 $14.0000 $12.0000 $5.3112 Per MCF $5.4478 Per MCF $5.0112 Per MCF $5.1478 Per MCF $4.8612 Per MCF $4.9978 Per MCF $4.0200 Per MCF $4.0200 Per MCF 1.0312 1.0312 1.06226 1.06226 1) An off-peak sales discount of $ .25 per MCF will apply to residential customer's volume purchased in excess of 8 MCF for each of the billing months May through October. I I LONE STAR GAS COMPANY RESCOMP _ NORTH RICHLAND HILLS, TEXAS I RESIDENTIAL BILL COMPARISON * MONTHLY BILL AT BILL AT AMOONT LINE CONSUMPTION PRESENT MCMORRIES' OF NO MCF RATE PROPOSED RATE INCREASE I ------------- ------------- ------------- ------------- 1 0 S6.00 S7.00 S1.00 2 1 10.93 12.20 1.27 3 2 15.87 17.40 1.53 I 4 3 20.80 22.61 1.81 5 4 25.74 27.81 2.07 6 5 30.67 33.01 2.34 7 6 35.61 38.21 2.60 8 I - 9 10 7 42.99 43.41 0.42 11 8 48.28 48.62 0.34 12 9 53.56 53.82 0.26 I 13 10 58.85 59.02 0.17 14 15 85.27 85.03 (0.24) 15 20 111.69 111.04 (0.65) 16 25 138.12 137.05 (1.07) 17 50 270.23 267.10 (3.13) I 18 75 402.35 397. 15 (5.20) 19 100 534.46 527.20 (7.26) 20 21 *BILL COMPARISON USES SUMMER RATE FOR 0 - 6 MCF AND I 22 WINTER RATE FOR 7 - 100 MCF. 23 24 GCA IS BASED ON THE GUD-3543 BASE CITY GATE RATE Of 25 $4.0200 PER MCf. 26 1_* PRESENT RATE WINTER SlII4ER ------------- ------------- ------------- CUSTCltER CHARGE 6.0000,' 6.0000 30 ALL CONSUMPTION a 5.2846 PER MCF 4.9346 PER MCF I 31 GCA PER MCF 0.0000 0.0000 32 BASE CITY GATE RATE 4.0200 4.0200 33 VOLUME FACTOR 1.0294 1 .0294 34 TAX FACTOR 1.06213 1.06213 35 STREET & ALLEY RENTAL REIMBURSEMENT 0.000000 0.00000 I 36 37 MCMORRIES' PROPOSED RATE YEAR-RClJND 38 ---------------------------- ------------- 39 CUSTOMER CHARGE 7.0000 I 40 ALL CONSUMPT I ON a 5~~20 PER MCf 41 GCA PER MCf 0.0000 42 BASE CITY GATE RATE 4.0200 43 VOLUME FACTOR 1.0312 44 TAX FACTOR 1.06226' I I I I Ie I --' .., . "..'-...-.-,' ..!~ ~ -. ~ ~-~':-: · ~~:::8~, ..' . . - , . -.~::;.~~_:-. :;~.:~'.- ._"~'..:,::. ., I I" e I LINE I NO. I I I I I 1 2 3 4 5 6 7 - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 leg 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 . 52 I I I I I I I Ie I LONE STAR GAS COMPANY NORTH RICHLAND HILLS, TEXAS COMMERCIAL BILL COMPARISON* MONTHLY CONSUMPT ION MCF ----------- o 2 4 6 8 10 15 20 25 30 40 50 60 70 80 90 100 200 300 400 500 600 700 722 800 900 1000 :J; Ii -'1IIY\ I F If ::C. BILL AT PRESENT RATE --------..... s 9.00 . 18.87 28.74 38.61 51.28 61.85 88.27 114.69 141.12 167.54 220.38 273.23 326.08 378.92 431.77 484.61 537.46 1,065.92 1,594.38 2,122.84 2,651.30 3,179.76 3,708.22 3,824.48 4,236.68 4,765.14 5,293.60 BILL AT MCMDRRIES' PROPOSED RATE .------------ s 12.00 22.90 33.79 44.69 55.58 66.48 93.72 120.96 146.70 172.44 223.92 275 .39 325.37 375.35 425.32 475.30 525.28 1,025.06 1,524.84 2,024.62 2,524.40 3,024.18 3,523.96 3,633.91 4,023.74 4,523.52 5,023.30 * BILL COMPARISON USES SUMMER RATE FOR 0 - 6 MCF AND UINTER RATE FOR 8 - 1000 MCF. GCA IS BASED ON THE BASE CITY GATE RATE OF PRESENT RATE ---.---------..-.--- QJSTOMER CHARGE ALL CONSlIIPTION a BASE CITY GATE RATE GCA PER MCF V·FACTOR T-FACTOR S & A RENTAL REIMBURSEMENT MCMORRIES' PROPOSED RATE -------------------------------.-- QJSTOMER CHARGE FIRST 20 MCF a NEXT 30 MCF a ALL OVER 50 MCF a BASE CITY GATE RATE GCA PER MCF V-FACTOR T-FACTOR WINTER -----------.- 9.0000 5.281.6 PER MCF 4.0200 0.0000 1.0294 1.06213 0.0000 COMCCIIP NaJNT OF INCREASE -----..-..... - oj S 3.00 ~ ~ /þ 4.03 1 ~ ð/o 5.05 J~olo 6.08 'L¡ D¡" 4.30 2 °10 - 4.63 ? 010 5.45 ,,) (0 6.27 ': °10 5.58 41)1. 4.90 3 bIb 3.54 ::l °rð 2.16 ; fit. CO.71) (3:57) (6.45) (9.31) (12. 18) (40.86) (69.54) (98.~) . (126.90) . (155.58) (184.26) (190.57) (212.94) (241.62) (270.3~) 14.0200 PER MCF. SUMMER ----------.-. 9.0000 4.9346 PER MCF 4.0200 0.0000 1.0294 1.06213 0.0000 YEAR-ROOND .. -- - -- --- -. --" - - - .-. , ---------.... . - - -. ----- - . 12.0000 5.4478 PER MCF '-. 5.1478 PER MCF . 4.9978 PER MCF . 4.0200 0.0000 1.0312 -- 1.06226 .-- - :;:~~~~~.: I Ie I I I I I I I ~ I I I I 'I I I f I ORDINANCE NO. 1742 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; APPROVING THE ELIMINATION OF THE COMMERCIAL CONTRACT PUBLIC SCHOOL RATE; PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE, PROVIDING FOR A SCHEDULE OF SERVICE CHARGES, AND PROVIDING FOR A MAIN LINE EXTENSION RATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Subject to the following provisos effective with gas bills rendered on and after thirty (30) days from the final date of passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of North Richland Hills, Texas, by Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. This ordinance also approves the elimination of the Commercial Contract Public · School Rate and the placement of those customers receiving said rate on the commercial rate set forth in Item A in the attachment hereto. Proviso No. (1): If this ordinance is finally passed and approved before the effective date stated in the Statement of Intent the new rates shall be effective with gas bills rendered on and after thirty (30) days from the final date of passage of this ordinance for the good cause of reducing regula- tory lag. Proviso No. (2): If this ordinance is finally passed and approved after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at anytime after jurisdiction attaches, and its authority pursuant to State law to establish rates for any period of suspension. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intracompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the North Richland Hills Distribution System, according to Item B, in the Attachment hereto which is incorporated herein. The rates in Item A shall also be adjusted according to Item C in the attachment hereto which is the Weather Normalization Adjustment. SECTION 3. Company shall also receive tax adjustments according to Item D, in the Attachment hereto which is incorporated herein. I Ie I I I I I I I ~ I I I I I I I If I SECTION 4. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its busi- ness and to carry out its reasonable rules and regulations in effect. The charges set forth in Items E, F and G, in the Attachment hereto which is incor- porated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 5. In addition to the aforesaid rates, Company is authorized to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by one- half of the adjusted annual sales volume to residential and commercial custom- ers. The Company will provide monthly status reports to account for the collection. SECTION 6. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company·s Rules and Regulations currently on file in the Company.s office. SECTION 7. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas - law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on this the day of A.D. 19 ATTEST: Secretary Mayor City of North Richland Hills, Texas I Ie I I I I I I I Ie I I I I I I I Ie I STATE OF TEXAS § § COUNTY OF TARRANT § I, , Secretary of the City of North Richland Hills, Tarrant County, Texas hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of the City of North Richland Hills at a session held on the day of , 19 as it appears of record in the Minutes of said Council in Book , Page WITNESS MY HAND AND SEAL OF SAID CITY, THIS THE A. D. 19 day of Secretary City of North Richland Hills, Texas I Ie I I I I I I I Ie I I I I I I I Ie I ATTACHMENT TO ORDINANCE NO. CITY OF NORTH RICHLAND HILLS, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES ITEM A. Rates ITEM B. The following rates are the maximum applicable to residential and com- mercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge All Consumption @ $ 7.0000 5.2020 Per Mcf If the service period is less than 28 days in a month the customer charge is $0.2500 times the number of days service. Commercial: Customer Charge First 20 Mcf Next 30 Mcf Over 50 Mct @ @ @ $12.0000 5.4478 Per Mcf 5.1478 Per Mct 4.9978 Per Mct If the service period is less than 28 days in a month the customer charge is $0.4286 times the number of days service. Bills are due and payable when rendered and must be paid within fifteen days from the monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf will apply to residen- tial customers volume purchased in excess of 8 Mcf for each of the billing months May through October. Gas Cost Adjustment Each monthly bill at the above rate shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.0312 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as liRe "). (c) The base city gate rate of $4.0200 per Mcf. I Ie I I I I I I I -- I I I I I I I Ie I (2) Correction of the estimated adjustment determined by Item B (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "C") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1.06226 to include street and alley rental and state occupation tax due to increasing or decreasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item B (1), Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2)] X Item B (3) GCA = [(1.0312) (Re - $4.0200) + C] X 1.06226 ITEM C. Weather Normalization Adjustment: Effective with bills rendered during the October 1991 through April 1992 billing months, and annually thereafter for the October through April billing months, the above residential and commercial consumption rates for gas service will be subject to a weather normalization adjustment each billing cycle to reflect the impact of variations in the actual heating degree days during the period included in the bill- ing cycle from the normal level of heating degree days during the period included in the billing cycle. The weather normalization adjustment will be implemented on a per Mcf basis and will be applica- ble to the volume consumed by each customer during the period included in the billing cycle. It will be determined separately for residential and commercial customers based on heating degree data recorded by the D/FW weather station. The adjustment to be made for each billing cycle will be calculated according to the following formula: NDD - ADD WNA = ADD x M Where: WNA NDD = ADD = M = Weather normalization adjustment Normal heating degree days during the period covered by the billing cycle Actual heating degree days during the period covered by the billing cycle Weighted average margin per Mcf included in the commod- ity portion of the rates effective during the October through April billing months I Ie I I I I I I I Ie I I I I I I I Ie I The weather normalization adjustment will be calculated to the nearest $.0001 per Mcf. ITEM D. Tax Adjustment: The tax adjustment shall be an amount equivalent to the proportionate part of any new tax, or increased tax, or any other governmental impo- sition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1990, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. ITEM E. Rate Case Expense: ITEM F. If rate case expense is incurred in this current case, it is the inten- tion of Lone Star Gas Company to recover the current and any unre- covered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf would be calculated by dividing the rate case expense to be recovered by one- half of the adjusted annual sales volume to residential and commercial customers. When a surcharge is applicable, monthly status reports will be provided to account for the collections. Schedule of Service Charges (1) Reconnect Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge 8 a.m. to 5 p.m. Monday through Friday 5 p.m. to 8 a.m. Monday through Friday Saturdays, Sundays and Holidays $25.00 $40.00 $40.00 as a reconnect charge for each reconnection or reinauguration of gas service, where service has been discontinued at the same prem- ises for any reason, with the following exceptions. (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Returned Check Charge A returned check handling charge of $1.50 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment withheld, invalid signature or improper preparation. I' Ie I I I I I 1 I tI I I I 1 I I I Ie I (3) Collection Charge A charge of $7.00 shall be made for each instance when it is necessary for a company employee to go to a customer's residence or place of business in order to collect amounts owed the Company for gas service previously rendered. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip on the same amount owed. ITEM G. Main Line Extension Rate The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2.94. The Company shall file the calculation of such charge with the city as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. CITY OF NORTH RICHLAND HILLS Administration Council Meeting Date: 6 /2 4 /91 Adopting a Franchise with Laidlaw Waste Systems (Sunbelt), Inc. - Ordinance No. 1745 Agenda Number: GN 91-86 ~ Exhibit II All to Ordinance No. 1745 is a Consolidation Agreement (Franchise) which has been worked out over several months of negotiations. It grants Laidlaw an exclusive franchise for waste and recycling collection in the City. Recommendation: It is recommended that City Council approve Ordinance No. 1745. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available .~.~ Head Signature CITY COUNCIL ACTION ITEM , Finance Director Page 1 of I I. I I I I I I I . I I I I I I I Ie I ORDINANCE NO. 1745 WHEREAS, in order to protect the public health and safety of the citizen of the City, the City Council finds that it is necessary to consolidate its agreements with Laidlaw Waste Systems (SUNBELT), Inc.; and WHEREAS, the City Council finds that it is necessary to adopt the terms of Exhibit "A" in order to protect the health and safety of the citizens of the City, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The City Council does hereby adopt the above findings, 2. Exhibit "A", attached hereto and made a part hereof be and is hereby approved as an exclusive franchise (agreement) with Laidlaw Waste Systems (SUNBELT), Inc, 3. The Mayor is hereby authorized and directed to execute Exhibit "A" as the act and deed of the City. PASSED AND APPROVED this 24th day of June, 199I. APPROVED: Tommy Brown - Mayor A TIEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City I Ie I I I I I I I . I I I I I I I Ie I EXHIBIT "A" CONSOLIDATION AGREEMENT THIS CONSOLIDATION AGREEMENT (the "Agreement") is made and entered into this 10th day of June, 1991, by and between the CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and LAIDLAW WASTE SYSTEMS (SUNBELT) INC., a Delaware corporation authorized to do business in the State of Texas (hereinafter referred to as II CONTRACTOR II ) . WHEREAS, on or about June 10, 1985 the CITY granted a Franchise to GSX Corporation of Texas (therein designated as the "Company") for the collection of garbage, trash, debris and refuse within the corporate limits of the CITY for a term of ten (10) years ending August 1, 1995; WHEREAS, on or about December 17, 1990 the CITY entered into a Recycling Contract with CONTRACTOR for the collection and disposal of residential recyclable materials for a term ending June 30, 1995: WHEREAS, CONTRACTOR is the successor to GSX Corporation of Texas under the Franchise dated June 10, 1985; and WHEREAS, the CITY and CONTRACTOR desire to consolidate both the Franchise and recycling contract into one agreement and to modify same to reflect the current intentions and obligations of the parties. NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and agreed by the parties hereto as follows: 1. Grant. CITY hereby grants to CONTRACTOR a contract and exclusive Franchise to engage in the business of collecting and disposing of all residential and commercial Recyclable Materials, Acceptable Waste and Special Waste as defined herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Agreement subject to the requirements of Ordinance No. 1235 known as the Garbage Disposal Ordinance of North Richland Hills. 2. Term. The term of this Agreement shall terminate on August 1, 1995, as previously provided in the Franchise and Recycling Contract. The term may be renewed for successive terms of five (5) years each, by mutual agreement of the parties hereto. I Ie I I I I I I I -- I I I I I I I Ie I 3 . Definitions: Wherever used herein, the hereinafter listed terms shall have the following meanings: A. Brush: Tree and shrub trimmings which are not easily placed in disposable containers. B. Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, dead trees, and other bulky heavy material. c. Garbage: Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable or emitting noxious odors. D. Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs (less than 3' in length) and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. E. Trash: All household refuse other than garbage, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds, heavy accumulations of newspapers and magazines, Recyclable Waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. F. Acceptable Waste: Any and all waste that is solid waste, including brush, debris, garbage, yard waste and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for disposal in a Landfill, except for "Unacceptable Wastell, as defined herein. G. Unacceptable Waste: Any and all waste that is either: (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated thereunder; or ( 2 ) "Hazardous Waste"; or (3) IISpecial Wastell, as defined herein; or -2- I Ie I I I I I I I . I I I I I I I I" I (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or (5) liquid waste, as defined herein, and septic tank pumpings and grease and grit trap wastes; or (6) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (7) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of CONTRACTOR; or (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR in its sole discretion. H. Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste, which is: (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and (3) dead animals and/or slaughterhouse waste; or (4) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Agreement means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or (6) waste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker; or (9) friable and/or nonfriable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or -3- I Ie I I I I I I I . I I I I I I I f I (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (14) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Agreement, requires special or additional management that differs from the requirements applicable on the Effective Date of this Agreement; or (15) any waste that requires other than normal handling, storage, management and/or disposal. I . Recyclable Materials: Newspapers: Newspapers only. No magazines, mail, paper bags or other paper. Glass Bottles and Jars: No mirrors, windows, ceramics, etc. Cans: Cans only - beverage, food, beer, soft drinks composed of tin, steel, and aluminum. No scrap metal. Plastic: H.D.P.E. and P.E.T. bottles. Bottles in this category would include three-liter soft drinks, milk, juice, water, shampoo, alcohol, and anti-freeze. Other: Items that are identified as recyclable by the CITY, CONTRACTOR or as the result of changes in any local, state or federal laws, ordinances or regulation. -4- I Ie I I I I I I I Ie I I I I I I I f I J. Multiple-Family Residential Complex: A structure in which three or more families reside and claim as their permanent address. K. Disposable Containers: Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable or containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. L. Recycling Containers: CONTRACTOR shall provide for each residential customer a twenty (20) gallon container, for which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge a $5.00 replacement cost for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not be responsible for any containers damaged or destroyed by CONTRACTOR. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size to hold all of the customer's Recyclable Materials. M. Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weights, when loaded, less than (50) pounds. N. Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. O. Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. 4 . Duties and Obliaations of Residential Customers. Every owner, agent, lessee, tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations: A. Each residential customer shall provide and use containers (disposable or permanent) sufficient in -5- I Ie I I I I I I I . I I I I I I I f I H. I . number to hold the Acceptable Waste accumulating on the premises. Only the recycling containers furnished by CONTRACTOR shall be used for Recyclable Materials. Additionally, multiple-family residential complexes may employ CONTRACTOR'S commercial containers for Acceptable Waste. B. Each residential customer shall place all Acceptable Waste and Recyclable Materials (including brush, if the size of the brush allows) in either disposable containers, permanent containers or recyclable containers. c. Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. D. Each residential customer shall place brush or trash which cannot be placed in disposable containers or permanent containers into lengths not to exceed four (4) feet, tie same in bundles, and stack such brush or trash at curbside (as is hereinafter provided). Such brush or trash shall in no event exceed two (2) cubic yards when stacked. E. Each residential customer shall place all vines and thorny bushes in disposable containers. F. No residential customer shall place for collection, or permit to be placed for collection, any permanent container, disposable container, recyclable container, item, or bundle of brush or trash exceeding fifty (50) pounds in weight. G. No residential customer shall place for collection, or permit to be placed for collection, any Special Waste. Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the street bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. -6- I Ie I I I I I I I Ie I I I I I I I {' I 6 . J. All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. 5 . Duties and Obliaations of Commercial, Industrial and Institutional Customers. Every owner, agent, employee or person otherwise in charge of any commercial, institutional or industrial premises within the CITY (" commercial customer") shall have the following duties and obligations: A. Each commercial customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. B. Each commercial customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such ~ premises to be placed in commercial containers. Commercial customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such commercial customer's address for collection at the same time and in the same manner as is provided for residential refuse collection (Section 4). The location of the commercial customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces which result from the container being placed in such location. c. Each commercial customer shall keep all commercial containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals. D. Each commercial customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial customer shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. CONTRACTOR's Duties and Obliaations. It shall be the duty and obligation of CONTRACTOR to perform the following services: A. CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to -7- I Ie I I I I I I I . I I I I I I I f I adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Agreement for collecting and disposing of Hazardous Waste, Special Waste or debris. B. CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. C. CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste or Recyclable Materials as necessary to fulfill the requirements of this Agreement. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste or Recyclable Materials from all residential and commercial customers. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. D. CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers provided by CONTRACTOR shall be (i) equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. -8- I I Ie I I I I I I Ie I I I I I I I Ie I E. CONTRACTOR agrees to make (weekly) two (2) collections for Acceptable Waste and One (1) collection for Recyclable Materials. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and no collections will be made on Sundays or holidays. The recycling collection will be in addition to the regular twice weekly collection of acceptable waste. F. CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 9:00 a.m. to 5:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (14-F) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. G. CONTRACTOR assumes all risk of loss or injury to property or persons arising from any of its operations under this Agreement, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit liability of CONTRACTOR. CONTRACTOR agrees to carry the following types of insurance: (1) Worker's Compensation insurance covering all employees engaged in any operations covered by this Agreement as required by the State of Texas; (2) Automobile Liability - $1,000,000 Single Limit, bodily injury and property damage combined; and (3) General Liability - $1,000,000 Single Limit, bodily injury and property damage combined. CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. -9- I I Ie I I I I I I Ie I I I I I I I Ie I H. On a semi-annual bases CONTRACTOR shall provide two- week curbside cleanup service. The exact dates for such service shall be designated by the mutual agreement of CITY'S City Manager and CONTRACTOR. The purpose of such service is to provide a means for residential customers to dispose of accumulated household and yard trash (in accordance with CITY'S existing ordinances) which is not normally removed during CONTRACTOR'S regular weekly service. For residential customers to avail themselves of the semi- annual cleanup service they must telephone CONTRACTOR during the designated cleanup weeks, or the week preceding such cleanup weeks, to request such service and to advise CONTRACTOR of the nature of the waste to be removed. The volume of debris or refuse to be removed during the cleanup weeks shall be limited to a maximum of two hundred (200) cubic feet (four feet x five feet x ten feet) per household and shall be of such a nature that it can be lifted and loaded by two men. Concurrently with one of the semi-annual cleanup periods, CONTRACTOR shall provide a mechanical II chipper II service for the removal of tree limbs of a maximum diameter of five inches and a minimum diameter of one inch. Said tree limbs will be removed from the curbside without the necessity of being bundled or cut into four (4) foot lengths. CONTRACTOR shall provide free pickup for CITY facilities. Additionally, the CONTRACTOR shall provide free landfill disposal to CITY OF NORTH RICHLAND HILLS residential customers during a weekend period (Saturday and Sunday) four times each year during the term of this Agreement, upon presentation by such customers of their water bill and drivers license. The exact dates of such free disposal shall be designated by the mutual agreement of CITY'S City Manager and CONTRACTOR. CITY shall have free dumping privileges during the term of this Agreement. The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual agreement between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. I . Employees of CONTRACTOR shall not be required to expose themselves to the dangers of vicious animals in order -10- I I Ie I I I I I I Ie I I I I I I I Ie I to perform the services described herein. In any case where there are animals at large, the CONTRACTOR shall immediately notify the CITY in writing of this or any condition of its inability to perform the services described herein. 7 . Charaes. A. Residential Acceptable Waste: CITY and CONTRACTOR agree that the initial MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on Exhibit nAil. The Charges will be adjusted as provided in Section 7(E) herein. B. Commercial Acceptable Waste: CITY and CONTRACTOR agree that the initial COMMERCIAL MONTHLY CUSTOMER SERVICE CHARGES shall be as provided in Exhibit nAil, which is attached hereto and incorporated herein by reference. SERVICE CHARGES will be adjusted as provided in Section 7 (C) herein. C. Residential Recycling: CITY and CONTRACTOR agree that the initial curbside residential recycling monthly customer service shall be as provided in Exhibit "A". D. Commercial Recycling: CITY and CONTRACTOR agree that the commercial recycling rates shall be established by CONTRACTOR and approved by CITY. E. Revisions: CONTRACTOR shall attempt to maintain the rates herein during the term of this Agreement. Provided, however, that it CONTRACTOR incurs increases in its costs of operation which are beyond its control and have an adverse effect on CONTRACTOR'S ability to maintain a reasonable return for its service, then the CITY and CONTRACTOR agree that a rate adjustment will be negotiated if requested by CONTRACTOR. It is further agreed by the parties hereto that all charges for services provided herein may be adjusted at any time for any federal, state or local authority compliance. F. Customer Billing: CITY agrees to bill all residential and commercial customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. G. Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: -11- I I I" I I I I I I Ie I I I I I I I Ie I (1) Residential Recycling Charges: The service charge for residential recycling shall be two dollars ($2.00) per month to each residential customer receiving garbage service. The CITY agrees to pay CONTRACTOR one dollar and seventy-five cents ($1.75) of this charge for the additional recycling service. The sales tax is included in the $2.00 additional service charge. The CITY shall retain ten cents ($.10) as a billing administrative fee and franchise fee. CONTRACTOR shall return to the CITY, no later than the 15th day of the following month, 100% of all funds obtained for the sale of Recyclable Materials collected by the CONTRACTOR in the CITY. Such payment to the CITY shall be accompanied by a detailed statement indicating the weights and values of the Recyclable Materials collected and sold and an accounting of any material not sold. The CONTRACTOR shall also report to the CITY the quantities of Recyclable Materials marketed with quarterly and annual reports. (2) Commercial Recycling Charges: The service charge for commercial recycling shall be agreed to by the CONTRACTOR and CITY and this Agreement shall be amended to reflect that Agreement. (3) Residential and Commercial Acceptable Waste Charges: For the Franchise granted herein, CONTRACTOR agrees to pay to the CITY an amount equal to 2% of the gross receipts (excluding all appropriate sale and other taxes) from the collection of Acceptable Waste within the corporate limits of the CITY. CITY shall remit to CONTRACTOR its check in the amount of 88% of all amounts billed for residential and commercial Acceptable Waste collected. The 12% not remitted shall become the property of the CITY (10% for billing and collection and 2% for the Franchise charge). Any billing that the CITY may do for the Acceptable Waste collection service outside the CITY limits of NORTH RICHLAND HILLS, the CONTRACTOR agrees to allow the CITY to retain 10% of the collection. 8 . Spillage. CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess -12- I I Ie I I I I !I I ~ I I I I I I I ~ I Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extra charge in time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container with a larger capacity and CONTRACTOR shall be compensated for such additional services. 9 . Non-Collection. Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume or weight of Acceptable Waste or Recyclable Materials to be removed from the premises, or places improper bundles or volumes of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the brush or containers out for collection). CONTRACTOR's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then by collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. -13- I I Ie I I I I I I ~ I I I I I I I f I 10. 11. Revocation. In the event of an alleged breach by CONTRACTOR of any of the terms, covenants, or conditions herein contained, CITY shall notify CONTRACTOR of such alleged breach and if same is not cured within five (5) days from such notice, CITY may, upon a determination (at a hearing as described herein) that a breach has occurred, cancel and revoke this Agreement. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR at the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for revocation or cancellation of the Agreement. The hearing shall be conducted in public by the CITY'S City Council and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the City Council shall determine that a breach of the terms, covenants or conditions of the agreement, as set forth in the notice, has occurred, they may revoke and cancel this Agreement and the same shall be null and void. This franchise may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. Investiaations and Public Hearings. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. 12. Records and Reports. CITY shall have access at all reasonable hours to all CONTRACTOR's records, customer service cards, and all papers relating to the operation of the services set forth herein. The following records and reports shall be filed monthly by the fifteenth (15th) day with the Director of Finance. Adequate report on Recyclable collections will be submitted and shall include the number, percentage households participating, tonnage of (by category) of recyclables and dollars generated for items sold. A. Reports of the results of all complaints and investigations received and completed by CONTRACTOR. -14- I Ie I I I I I I I . I I I I I I I f I 13. B. A listing of all commercial accounts served. This list shall include customer's name, address, frequency of pick-up, size of container or type of service and charges for same. Interruption in Service. In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reason for more than forty- eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety. If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laws, statutes, regulations or ordinances or other similar of different contingency beyond the reasonable control of the CONTRACTOR, then the CITY shall have the right to terminate the rights and privileges granted in this franchise. 14. Miscellaneous. A. This Agreement and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of CONTRACTOR without the consent of CITY, but may be assigned to any other third party only with the prior written consent of the CITY'S City Council. B. CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Agreement and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR. Any provision contained herein to the contrary notwithstanding, CONTRACTOR shall not be required under this Agreement to collect and remove debris or other trash resulting from construction, major remodeling, general cleanup of property, or resulting from a sizeable amount of trash and debris being cleared in preparation for construction. Provided, however, upon the request of any residential or commercial customer, CONTRACTOR shall collect and remove such trash and debris and shall receive for such services a fee or charge mutually acceptable to CONTRACTOR and the requesting customer. -15- . Ie I I I I I I I . I I I I I I I t I C. CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste. D. CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Agreement including all duties and obligations required of residential and commercial customers. E. CITY agrees to pass and enforce an ordinance or ordinances making it unlawful for commercial customers to empty waste containers or trash receptacles or conveyor transport waste or Recyclable Materials generated within the CITY limits on the streets, alleys and public thoroughfares of the CITY except those persons acting pursuant to this Agreement. F. CITY and CONTRACTOR agree that the following days shall be recognized as holidays, and services will not be required on those days. New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Holidays falling on Saturday will be observed on the preceding Friday unless Saturday is a scheduled collection day. Holidays falling on Sunday will be observed on the following Monday. When a collection day is missed due to the holiday schedule, CONTRACTOR will collect all Acceptable Waste or Recyclable Materials on the next scheduled service date. No adjustment or reduction in monthly customer service charges will be made as a result of the non-collection on holidays. G. This Agreement may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. H. CITY and CONTRACTOR agree that if any term or provision of this Agreement is submitted to a court for judicial interpretation that such court shall not apply the -16- I Ie I I I I I I I ~ I I I I I I I f I presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. I. If any provision or portion of this Agreement is for any reason unenforceable, inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Agreement shall not affect the validity, applicability or enforceability of the other provisions or portions of this Agreement. LAIDLAW WASTE SYSTEMS (SUNBELT) INC. By: Charles E. Leonard, Senior Vice President CITY OF NORTH RICHLAND HILLS By: ATTEST: City Secretary -17- I Ie I I I I I I I Ie I I I I I I I t I EXHIBIT "A" PROPOSED GARBAGE RATES (Includes Senate Bill ~Jo. 1519 "Solid Waste Disposal Feell) Residential: Curb- Backdoor- $4.65 $8.02 Residential Curbside Recycling - $2.00 Commercial/Industrial: WEEKLY FREQUENCY OF PIŒ UPS CONTAINER Extra SIZE (CY) 1 2 3 4 5 6 Pick-ups 2 31.09 49.81 65.79 83.14 101.86 120.60 8.44 3 43.88 69.92 98.69 123.34 149.37 179.51 12.67 4 59.42 94.13 132.96 166.28 202.36 239.80 16.88 6 68.55 117.84 145.17 204.09 257.52 293.09 25.33 8 90.01 158.04 213.71 269.38 312.68 368.35 33.77 Cat1œrcial Cans: (4) 30 gallon cans, twice weekly - $11.45 Containers with Casters Containers with IDcks - $ 5.72 - $ 2.29 , I' Ie EXHIBIT "A" (continued) I roLL OFF CONrAINERS: I $68.69 Delivery Fee I Container Monthly Load Size Charge Charge 20 $107.14 $88.55 I 25 $107.14 $ 89.05 I 30 $131.88 $107.40 35 $131.88 $116.14 I 40 $156.61 $127.64 CCMPACIDR NEGarIABLE $190.31 I 1. I.· 3. I 4. I I I I I I Ie I Yearly Rate Review versus every 2 years. City bill ccmœrcial/industrial aCCOmlts and collect 6% to 10% billing fee over next 2-4 years. Laidlaw would agree to publish and pay for a 1/ 4 page advertise.nent in Fort Worth Star Telegram 4 tiIœs a year, notifying residents 2 weeks in advance of free landfill and cleanup days. Laidlaw will provide a IrCnthly report on cubic yards of garbage deposited at the landfill fran NRH. '!he report will include a breakdown of how much is fran residential custaœrs, ccmœrcial custaœrs, Ci ty facili ties, and landfill days. 5. City will have the right to audit Laidlaw's records upon giving wri tten notice. I CITY OF NORTH RICHLAND HILLS Department: Manaqement Services ~eSUbject: I I I I . Fundina: 1 From: I utility Retained Earnings (02-00-00-5999) I To: Utility C.l.P. (02-91-09-6000) $35,000 Council Meeting Date: 6-24-91 Agenda Number: GN 9 1- 8 7 Construction of Equipment Storage Building As directed by City Council, staff has completed a preliminary study and estimate to construct a equipment storage building at the Vehicle Main- tenance compound. The original soil tests are adequate and utility service is currently being extended to the back of the City's property. The estimated cost for constructing a 40' X 80' equipment storage building is $32, 500 including $2500 for engineering and specifications which will be required for competitive bidding. $35,000 Recommendation: Staff recommends City Council approve funding for engineering/specifications, the solicitation of competitive bids and the transfer of funds as indicated above. I . Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number See Abo~7e Sufficient Funds Available ----X- ~' , ;t/f¡l ~ ead Signature ~ City anager CITY COUNCIL ACTION ITEM I Finance Director Pa e 1 of I' · I I I I I CITY OF NORTH RICHLAND HILLS Department: Administration Resolution Supporting Joint Subject: Elections - Resolution No. 91-24 Council Meeting Date: 6/24/91 Agenda Number: GN 91-88 The proposal to hold joint elections was presented to CERT at their last meeting. The committee wholeheartedly supported the proposal. This resolution expresses the Council's support on holding joint elections with B.I.S.D. and the cities within the school district boundaries. The resolution also appoints the City Secretary as coordinator for North Richland Hills to work with B.I.S.D. and the other cities that will be involved. Recommendation: It is recommended that City Council approve Resolution No. 91-24. -- I I I I ~ i~ I I ~ - I I I Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Þ? 1f;J/~ t Head Signature I City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of I' j Ie I I I I I I I -- I I I I I I Ie I I RESOLUTION NO. 91-24 WHEREAS, the City Council of the City of North Richland Hills, Texas finds that a joint or common election to elect City officials and officials of the Birdville Independent School District would be beneficial to the School District and to the various cities within the boundaries of the Birdville Independent School District for the following reasons: a. A joint election would promote a larger voter turn-out than elections held separately; b. The total cost of holding the elections would be less; c. It would be a distinct advantage to each voter to be able to cast his or her vote in one polling place rather than being forced to travel to separate polling places in order to participate in both elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. This Council does hereby go on record in support of holding joint City-School Board elections. 2. This Council pledges its support to coordinate and work out plans for such joint elections with the Birdville Independent School District and each of the municipalities lying within the School District boundaries. 3. The City Secretary, as Chief Election Officer of the City, is hereby appointed as the coordinator for this City and such officer is directed to cooperate with the officials of Birdville Independent School District and other municipalities within the District in order to establish a plan by which joint elections may be held. I' Ie I I I I I I I -- I I I I I I I Ie I Resolution No. 91-24 Page 2 PASSED AND APPROVED this 24th day of June, 1991. APPROVED: Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City I· I CITY OF NORTH RICHLAND HILLS Department: Administration/Parks & Recreation .. Council Meeting Date: 06/24/91 ~Ubject: Amendment to Ordinance No. 1554 - Beautif ication Agenda Number: GN 91-89 Commission - Ordinance No. 1746 ~ I Ordinance No. 1554, adopted by City Council in August of 1988, established a Beautification Commission. The Ordinance defined the Commission's role and powers to include making "recommendations to the City Council for specific projects and programs designed to improve the appearance of the city." Councilwoman Spurlock and Beautification Chairperson Janice Davis met with Staff to discuss possibly amending Ordinance No. 1554 to more specifically define the evolving role of the Commission. Section 5. of Ordinance No. 1554 would be amended as follows: The purpose of the Commission is to promote the beautification of the city. To this end the Commission shall be empowered to make recommendations to the City Council for promoting civic involvement in beautification of the City through programs and activities that: - increase community awareness of beautification and environmental issues. - provide opportunities for community education relating to beautification and environmental issues. - include special community wide events relating to beautification and environmental issues. - review and make recommendations on ordinances or policies relative to beautification or the environment. - include award nominations and grant applications. This.definition of the purpose of the Commission more closely aligns with the many successful functions of the committee to date. Examples of programs and activities that have been implemented and would align with these guidelines include: * Adopt.-a-spot * Yard'of the Month * Arbor Day * Christmas Tree Mulching * Keep Texas Beautiful * Remembrance Trees * Landscape of the Month * Christmas Tree Lighting Ceremony * Green Thumb Seminars * Bag-a-Thon Finance Review Source of Funds: Bonds (GO/Rev.) A,Operating Budget - Other r-::::-- \~ ~ ,Qu.r~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available - ¡r Kf/I~ , Finance Director I City Manager Pa e 1 of I· ¡ l~itY Staff, in particular Parks and Recreation, will continue to provide I ~dministrative and technical support for Beautification Commission programs. The Parks and Recreation Department will also be responsible for all design, review, implementation and maintenance of landscape projects with in-house staff or contracted landscape professionals. CITY OF NORTH RICHLAND HILLS The goal of this amendment to Ordinance No. 1554 is to clearly define Commission and Staff responsibilities and effectively maximize a teamwork approach to meeting our common goals. -RECOMMENDATION: It is i'ecommended that City Council approve Ordinance No. 1746. e I I I I I" CITY COUNCIL ACTION ITEM I· Ie I I I I- I I I Ie I I I I I I I ~ I ORDINANCE NO. 1746 BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that Ordinance No. 1554, "Establishing a Beautification Commission", adopted August 8, 1988, and as heretofore amended, be and the same is hereby amended at Section V to read as follows: The purpose of the Commission is to promote the beautification of the City. To this end the Commission shall be empowered to make recommendations to the City Council for promoting civic involvement in beautification of the City through programs and activities that: _ increase community awareness of beautification and environmental issues. _ provide opportunities for community education relating to beautification and environmental issues. - include special community wide events. _ involve functioning as an advocate for ordinances or policies relative to beautification or the environment. - include award nominations and grant applications. PASSED AND APPROVED this 24th day of June, 1991. APPROVED: Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City I I I I I I I I I I I I -I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 6/24/91 Appointments to the Charter Revision Commission (1991) - Resolution No. 91-23 Agenda Number: GN 91-90 Subject: At the Pre-Council Meeting June 10, 1991, Mayor Brown asked that each Council member make an appointment to the Charter Revision Commission. State law requires at least fifteen members. The attached resolution contains the proposed appointees. Recommendation: _ It is recommended that City Council approve Resolution No. 91-23. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget a~~~ ß~l¡µ ~ ,{¿ If;f/~' (¡' - Department Head Signature City Manager v 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 NOTE TO COUNCIL The names of the proposed appointees has not been made public. The appointments will be discussed in Executive Session. I' Ie I I I I I I I Ie I I I I I I I Ie I RESOLUTION NO. 91-23 WHEREAS, the Council finds that it is necessary to review the City Charter for possible changes, additions and corrections; and WHEREAS, the Council finds that a Charter Revision Commission should be appointed to study the Charter and made recommendations to the Council and the citizens regarding any changes, additions or corrections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1 . A charter Revision Commission (1991) be and is hereby established. 2 . The following persons are appointed as members of such commission: Richard Davis, Chairman Bob Marks Denny Stout H.O. Lochridge Charles Brinkley Dell Herod Steve Dunkelberg Bill Feniken Jane Ridley Marilyn Ellis Russell Rice Vicky Craven Lee Pitts Sally Hackfeld Dennis Horvath I Ie I I I I I il I Ie I I I I I I I Ie I Resolution No. 91-23 Page Two 3 . The Commission is directed to hold such meetings and conduct such investigations as it deems proper in making recommendations for City Charter changes. It is further ordered to report its findings and recommendations to the City Council at the earliest practical date. PASSED AND APPROVED this the 24th day of June, 1991. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: .Ubject: Anmini~trñt;on Renaming of Glenview Center - Resolution No. 91-25 Council Meeting Date: 6/24 /91 Agenda Number: GN 91-91 The proposal to rename the Glenview Center to Dan Echols Senior Adult Center was presented to Council by Councilman Garvin and Mayor Pro Tern Sibbet on June 10, 1991. Resolution No. 91-25 changes the name of the Glenview Center as directed by Council. The resolution will be given to the Council prior to the June 24th -meeting. Recommendation: It is recommended that City Council approve Resolution No. 91-25. e Source of Funds: Bonds (GO/Rev.) Operating Budget Other a Finance Review Acct. Number Sufficient Funds Available I K~ Head Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of I I I I I I I I I I I I I I I I I I I RESOLUTION NO. 91-25 WHEREAS, the City Council finds that the memory of Dan Echols should be preserved and fostered out of respect for the service he has rendered in behalf of the citizens of this city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas that: 1. The City Hall Annex located at 6801 Glenview Drive be, and is hereby, named "Dan Echols City Hall Annex." PASSED AND APPROVED this 24th day of June, 1991. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I.epartment: I Subject: I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6/24/91 Public Works Approve Purchase of Right-af-Way from Harvey and Reda Harris for the Proposed Construction of Bursey Road (Parcel 18) Agenda Number: PU 91-18 The staff has negotiated with Harvey and Reda Harris to purchase right-of-way from their land that fronts on Bursey Road. The negotiated price is $937.20 equaling $0.60 a square foot for property that is zoned AG. Recommendation: The staff recommends approval of payment for right-af-way on Bursey Road to Harvey and Reda Harris in the amount of $937.20. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Acct. Number 13--15-89-6000 SUfflCi~dS Avallab:~ .-/ t~~ nt Head Signature 'City Manager CITY COUNCIL ACTION ITEM I Finance Director .s!L. p 1 of 1 I' CITY OF NORTH RICHLAND HILLS, TEXAS RIGHT-OF-WAY Ie I STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT I That we, Harvev L. Harris and wife, Reda Harris, and Banc Plus Mortqaqe Bank Corp., as Sellers, for and in consideration of the agreed purchase price of Nine Hundred Thirty- seven and 20/100 Dollars ($937.20), 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: I I (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: I I To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the ~~d day of Mav , A. D., 1991. I Ie .A" -ð I I Banè Plus Mortgage Corp. by Rachael Cuellar, Vice Pres. I ADDRESS OF GRANTEE: city of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 This instrument was acknowledged before Harvey L. Harris and wife, Reda Harris. May NO=~li~ !::~ ~s , 1991 by STATE OF TEXAS I COUNTY OF TARRANT I I My Commission ~ ~ IlARK D. 8MDLØ MY CO.._ION ...... "II. ,. Notary's Printed Name: 4-22-93 Mark Bradley I STATE OF TEXAS COUNTY OF BEXAR I t' This instrument was acknowledged before me on the Rachael Cuellar, Vice President of Banc Plus Mortqaqe behalf of said corporation. IltÁ ::rü..,e.. day of~, 1991 by Corp., a Texas Corporation, on Clt {[;J;-M t, ÌJ¿Æ:}k1. / Notary Public, State of Texas ~ I My Conmission r;;;::"~ ,~uZ , ; ~~ u;~~~;s~ ~.~~' c'",t,'-~:' ~ \ Notary1s Printed Name: ~~ I- JOHN CONDRA SUR., A-310 J Ie I I ~g ~j5 bl. U1~ ¿r .J ~& ~ . ~~ J.. j~ HARVEY L. HARRIS VOL. 8103. PG. 58. C.R.T.C.T. . I ù1 :(t -ç å~ . 7,,9 ~ 2O.\IJ. \-iÞo.le ~ I"~~' '"3 ~tO ~ -rJ UJ > a: c >- UJ ...J ..J « > w I )o.J es:\- 04,: ~.. 8 ~ S' ~ BURSEY ROAD I I I PARCEL 8 DESCRIPTI~ Ie I AU.. that certain tract 01: parcel of laoo situated' in the John Condra SUrvey, Abstract 318, Tarrant COUnty, Texas and being.a portion of that saa..·tract described to Harold L. Patterson, Sr. as recorded in VolUme 6216, Page 662, Deed Records, Tarrant COW1ty, Texas and also being more par.ticularly described by metes and bounds as follows: I BmINNING at the. Southeast corner of said tract, said point being the intersection of the North right-of-way line of Bursey Road (a variable width right-of-way) arv3 the west right-of~y line of Valley DriVê (a variable width right-of-way) ; I 'ImX:E North 89 degrees 84 minutes 33 seconds West with the SOuth boUl'dary" line of said tract and said North right-of-way line, 219.91 feet to the Southwest corner of said tract; I 'ftIDICE North øø degrees 1" minutes 13 seconds East with the West boundary line of said tract, 6.3' feet to a point; I THDICE South 89 degrees 29 minutes 43 seconds East, 219.99 feet to the East boundary line of said tract and the said West right-of-way line; I 'nIDCE SOuth øø degrees 12 minutes 48 seconds West with. said East boUl'dary line and said West right-of-way line, 7.91 feet to the place of beginning and containing Ø.Ø358 acre, more or less. I DAVID C. MOAK SU"VEYD"S, INC. REelSTOED PUILIC SURVEYOR P.o..lOX 1034· 2..-22U HURIT~ TEXU· I {' DATE \ \- . eü~- & TVPE '-3 . :...-. ~ ..; . ~"'.r .'~ . ..... l ¡ , ,.... _ -/::';:-'f.. ;';"; . ... ¡ "-" . .t~7:.{~ ~ . " .~ - .~ . ::t.·~ ~ ~::..~. " . " ¡ I Department: Finance ~ Council Meeting Date: Ittbject: Purchase of Tractor and Mowing Unit for Parks Department Agenda Number: I I I I I I Ie I I I I I I I Source of Funds: Bonds (GO/Rev.) ~r:~~ting BUdgea j;- u . Departm~ Signature CITY COUNCIL ACTION ITEM I CITY OF NORTH RICHLAND HILLS 6/24/91 PU 91-19 On May 13, 1991, City Council approved the purchase of additional mowing equipment for the Iron Horse Golf Coµrse. It was the consensus of City council that the existing tractor and mowing unit be transferred to the Parks Department. The contract to purchase the additional mowing equipment from Goldthwaites assumed a trade in value of $11,500. The final negotiated value of the trade-in tractor and mower was set at $10,350 should the city desire to retain the equipment. RECOMMENDATION: It is recommended that the tractor and mowing unit be retained by Parks Department and city council approve the purchase from Goldthwai tes . The recommended funding source is the Budget Reserve for contingency in the amount of $10,350. Finance Review Acct. Number 01-99-01-5970 Sufficient Funds Available . Finance DIrector Page 1 of CITY OF NORTH RICHLAND HILLS ~epartment: Subject: Public Works ~ Council Meeting Date: 6/24/91 Public Hearing on Levying a Schedule of CharÇ1es for the Drainaae Utility System - Agenda Number: PW 91-18 Ordinance No. 1741 ~ Legal notice by advertisement in a local paper on May 23rd, May 30th and June 6th has been accomplished in accordance with State law. The charges shown in the subject ordinance are based on a $2.00 charge per Equivalent Residential Unit (ERU). This translates into an R1 zoned platted lot with a home being charged $2.28 per month and an R2 zoned platted lot with a home being charged $1.72 per month. The remaining schedule of proposed charges are shown on page 2 of the subject ordinance. A summary of the drainage utility fees currently being charged by some local cities is shown below: City Charge Bedford $2.50 per ERU Keller $2.00 per ERU Euless $1.50 per ERU A Public Hearing should now be conducted to receive public input on the proposed charges to levy for the Drainage Utility System. The Mayor should open the Public Hearing, receive input from citizens and then close the Public Hearing. The Council can then consider Ordinance No. 1741 levying drainage utility fees. Recommendation: It is recommended the City Council conduct the Public Hearing and take action on Ordinance No. 1741. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number N/ A Sufficient Funds Available N/A ~ 11l/~ Head Signature I City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I Ie I I I I I I I ~ I I I I I I I f I ORDINANCE NO. 1741 AN ORDINANCE LEVYING A SCHEDULE OF DRAINAGE CHARGES FOR THE NORTH RICHLAND HILLS MUNICIPAL DRAINAGE UTILITY SYSTEM AGAINST ALL REAL PROPERTY WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTIONS 402.041, ET. SEQ., SUBCHAPTER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas to protect the health and safety from loss of life and property caused by surface water overflows and surface water stagnation, has heretofore, pursuant to legislative authority established a Municipal Drainage Utility System within the municipal boundaries of the City of North Richland Hills, Texas, and desires, also pursuant to legislative authority, to provide rules for the use and operation of such system and prescribe and establish fees, together with the assessment, levy and collection thereof, to finance and fund such Municipal Drainage utility System; and WHEREAS, the City Council of the City of North Richland Hills, Texas finds that the basis for the drainage charges set forth herein is directly related to drainage; and WHEREAS, the City Council of the City of North Richland Hills, Texas, finds that the classification of benefitted properties set forth herein is nondiscriminatory, equitable and reasonable; and WHEREAS, the City Council of the City of North Richland Hills, Texas, in setting the schedule of charges for drainage services set forth hereinbelow, has based its calculations upon an inventory of the lots and tracts within the municipal boundaries of the City of North Richland Hills, Texas; and WHEREAS, in setting such schedule of charges for drainage service, the City Council of the City of North Richland Hills, Texas, has considered the uses made of the benefitted properties, using official zoning maps of the City of North Richland Hills, Texas, for that purpose, and has also considered the size and topography of the parcels of benefitted property in assessing the drainage charges set forth hereinbelow; and WHEREAS, the City Council of the City of North Richland Hills, Texas, finds that the schedule of charges set forth hereinbelow, and the rates upon which such schedule of charges was calculated, are equitable for similar services in all areas of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills, Texas, has held a public hearing on the charges levied and imposed herein, after publishing notice of such public hearing, all in the manner prescribed by Subchapter C of Chapter 402 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; I. The following schedule of drainage charges is hereby levied against all real property lying within the City of North Richland Hills, Texas, subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code: I Ie I I I I I I I -- I I I I I I I Ie I Ordinance No. 1741 Page 2 A. Basic Drainage Charge. The rates set forth herein are calculated on basis of a drainage charge of $2.00 per ERU (Equivalent Residential Unit) which is equal to $12.84 per impervious acre of land. Runoff coefficients and corresponding rates per acre for various land uses may be modified by the City Council from time to time by a modification of said Basic Drainage Charge. B. Single-Family Residential (R1, R2, R3, R-4-SD, R-5-D, R-6-T & R-8). The City Council finds that the single-family residential lots within the City of North Richland Hills, Texas will be charged at a rate per platted lot based on their zoning when a building exists on the platted lot. The charge per lot is to be based on the Basic Drainage Charge. Zoning Runoff Coefficient Rate per Lot Rl 0.51 $2.28 R2 0.54 $1.72 R3 0.55 $1.48 R-4-SD 0.59 $0.76 R-5-D 0.59 $0. 76 R-6-T 0.63 $0.64 R-8 0.62 $0.96 c. All other lots, tracts and parcels of land within the City of North Richland Hills, Texas, shall be charged on the basis of the acreage contained in said lot, tract or parcel of land, and the use made of such property, in accordance with the following schedule of drainage charges which are hereby levied against all such remaining lots, tracts and parcels of land within City of North Richland Hills, Texas: Land Use Runoff Coefficient Rate per Acre Vacant Land Agricultural School, Church, & Institutional Multifamily Offices Commercial Industrial 0.25 0.25 $ 3.21 $ 3.21 $ 7.96 $ 8.47 $10.02 $10.27 $10.40 0.62 0.66 0.78 0.80 0.81 II. The City Council of City of North Richland Hills, Texas, may change, adjust, and readjust the rates and charges established herein for drainage services from time to time by ordinance. III. By the passage of Ordinance No. 1727 and the passage of this Ordinance the City makes no representation that all of the City drainage problems will be immediately solved and the City Council is given full discretion in establishing time and quantitative priorities in expending funds as they become available to meet I Ie I I I I I I I Ie I I I I I I I f I Ordinance No. 1741 Page 3 the drainage needs of the City on a reasonable basis. Nor shall the passage of Ordinance No. 1727 and this Ordinance be construed to relieve private land owners, developers and others from providing drainage improvements pursuant to the Subdivision Rules and Regulations of the City as well as any other ordinance of the City and the laws of this state which relate to drainage or drainage improvements. IV. The City Council of the City of North Richland Hills, Texas, may, by subsequent ordinance, adopt rules for the operation and conduct of the North Richland Hills Municipal Drainage utility System, including exemptions, if any, from the drainage charges levied therein, consistent with its authority and State law. V. Severability Clause. That is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall be in full force and effect from and after its passage; provided, however, that the Municipal Drainage utility System charges levied hereby shall take effect on October 1, 1991. PASSED AND APPROVED this day of , 1991. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City , ~ CITY OF NORTH RICHLAND HILLS Public Worksíutilities Award of Bid for Valley Park Estates Sewer Improvements ~ Council Meeting Date: 6/24/91 Agenda Number: PW 91-19 Bids were received on the subject project on June 14, 1991 and the low bidders are shown below. Bidder Amount Calendar Day Bid Time Hall-Albert Construction Wright Construction Architectural utilities $114,136.38 $124,895.50 $130,195.55 60 120 90 The budget for this project was approved by Council on January 28, 1991, PW 91-04, at $108,000 for construction. The project is to be funded approximately 50% by assessments. Funding Source: The additional funding may be appropriated from utility Retained Earnings as indicated below. Budget (Acct. #02-08-01-6000) Adjustments to Budget (Acct. #02-00-00-0599) Revised Budget (Acct. #02-08-01-6000) Engineering Construction $ 19,000 $108,000 $127,000 -0- $7,000 $7,000 $ 19,000 $115,000 $134,000 Total Recormnendation: The staff recommends award of the subject project to Hall-Albert Construction in the amount of $114,136.38 for a period of 60 calendar days and the transfer of funds as indicated above. Source of Funds: Bonds (GO/Rev.) Opera i g Budget Othe Finance Review Acct. Number Spp Ahnvp Sufficient nds Available . Finance Director nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I KNOWLTON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas June 18, 1991 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-428, CITY OF NORTH RICHLAND HILLS VALLEYVIEW ESTS. SANITARY SEWER IMPROV. BID TABULATION Bids were received on June 14, 1991, for the referenced project which includes construction of 6-inch sanitary sewer lines, 1637-feet in the Valleyview Estates Addition and 401-feet along the southern section of Crane Road. The base bid and alternate bid total amounts for the three lowest bidders are shown below. The base bid includes open cuts across driveways and the alternate bid includes the cost to the contractor to bore or tunnel under the driveway in lieu of open cut. For all ten (10) contractors' unit prices and total amounts bid, please refer to the enclosed detailed tabulation. Low Bidder Next Low Bidder Third Low Bidder Ex is t . <Hall-Albert> <Wright > <Architectural> City's <Construction> <Construction> <Utilities> Budget Base Bid $ 114,136.38 $ 124,895.50 $ 130,195.55 $ 108,000.00 Alt. Bid $ 118,628.88 $ 129,620.50 $ 136,195.55 $ 0.00 Calendar Days 60 120 90 We would recommend the award of the contract using the Base Bid of open cuts; however, we would suggest that the owner reserve the right to bore any driveway crossings that the Owner's Project Representative sees fit at the unit price bid in the sanitary sewer alternate for boring and pressure grouting. In the absence of any negative reports concerning the low bidder, Hall-Albert Construction, 201 N.E. 29th St., Fort Worth, Texas, 76106, 817/624-9391, we would recommend award to that company in the amount of $114,136.38 for a period of 60 Calendar Days. 1901 CENTRAL DR., SUITE 550 . BEDFORD. TEXAS 76021 · 817/283-6211 · METRO/267-3367 I Ie I I I I I I I Ie I I I I I I I Ie I June 18, 1991 VALLEYVIEY ESTS. SANITARY SEYER IMPROV. 2 Page Ye will be present at the June 24, 1991, Council meeting to answer any questions you may have concerning this project. ~.-...J'¿. S~ SUSAN L. SCHYINGER, P.E. SLS/ss/F3428BIDS.RUNI Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Kevin Miller, P.E., Assistant Director of Utilities Mr. Lee Maness, Director of Finance CITY OF NORTH RICHLAND HILLS ~epartment: Subject: Public Works ~ Council Meeting Date:6/24/91 Approve Contract for Enhancement study for Rnr5ey Road street and Drainage Improvements Proiect Agenda Number: PW 91-20 The staff has negotiated an agreement with James K. Norwood, Inc. (Jim Norwood, MAl, Apppraiser) to conduct an Enhancement study regarding the above referenced project. The Bursey Road project from Rufe Snow Drive to Kandy Lane will affect 61 properties. Mr. Norwood's fee is $9,000.00 and he has agreed to have the report completed within 60 days of written authorization to proceed. This will allow the city to have an assessment hearing as early as August 26, 1991 if right-of-way acquisition is near completion by that date. Recommendation: Staff recommends the city Council approve the attached contract for appraisal services with James K. Norwood, Inc. and authorize the Mayor to sign in their behalf. e Source of Funds: Bonds (GO/Rev.) _ Operating Budget ., Othe ~ Finance Review Acct. Number 13-1S-RQ-nOOO ds Available . Fmance Director ment Head Signature CITY COUNCIL ACTION ITEM City Manager Page 1 of I Ie I I I I I I I Ie I I I I I I I Ie I 11 JAMES K. NORWOOD, INC. Real Estate Appraisers May 30, 1991 ASSOCIA rES: BRYAN A. CARRELL JULIE A. RUSSELL W. PAUL YOUNG JAMES K. NORWOOD, MAl, ARA Mr. Mark Bradley City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 RE: Proposal for Appraisal Services, Bursey Road Enhancement study Dear Mr. Bradley: As requested by you, I am herein submitting a proposal for appraisal services to prepare an Enhancement study of the Bursey Road curb, gutter and storm drainage improvements between Rufe Snow Drive and the Fair Oaks subdivision. This study will encompass an estimated 61 parcels over a one and one-fourth mile stretch of Bursey Road. The type of report will be consistent with the study I made for the City on the Davis Boulevard curb, gutter and storm drainage improvements. My fee for completion of this Enhancement Study will not exceed $9,000 and the report will be delivered not later than 60 days after your notice to proceed. In the event that court testimony is required, my fee for pretrial conferences and court appearance will be at the rate of $90 per hour. Thank you for considering me for this appraisal assignment. Sincerely, K. Norwood Tex State certi ied General Real Estate Appraiser JKN : mn TAX ID # 75-1462857 7001 GRAPEVINE HWY., SUITE 332 · FORT WORTH, TEXAS 76180 PHONE (817) 284-2222 · METRO (817) 589-0431 · FAX (817) 284-4290 CITY OF NORTH RICHLAND HILLS Department: .Ubject: Public Works/utilities Award of Bid for Crane Road Sewer Improvements ~ Council Meeting Date: 6/24/91 Agenda Number: PW 91-21 Bids were received on the subject project on June 14, 1991 and the low bidders are shown below. Bidder Amount Calendar Day Bid Time Wright Construction Hall-Albert Construction Venus Construction $106,198.50 $107,423.00 $122,456.50 90 60 120 The preliminary budget for this project was approved by Council on January 28, 1991, PW 91-05, at $71,000 for construction. The consulting engineer's estimate used for the assessment purposes was $87,200. The major pavement replacement which would only partially be due to this construction was not included in the consulting engineer's estimate. staff and the consultant had agreed that the asphalt overlay to be accomplished under this contract would not be appropriate to assess for. The engineer's estimate including major pavement repair was $109,200. The project is to be funded approximately 50% by assessments. Therefore, approximately $43,600 will be collected from assessments after the project is completed. Funding Source: 4IÞ The additional funding may be appropriated from Utility Retained Earnings as indicated below. Budget Adjustments to Budget Revised Budget (Acct. #02-91-02-6000) (Acct. #02-00-00-0599) (Acct. #02-91-02-6000) Engineering $ 14,000 -0- $ 14,000 * ROW -0- $ 1,400 $ 1,400 Construction $ 71,000 $35,600 $106,600 Total $ 85,000 $36,900 $122,000 *Right-of-way purchase approved 6/10/91, 'PU 91-17. Only right-of-way purchase necessary for this project. Recommendation: The staff recommends award of the subject project to Wright Construction in the amount of $106,198.50 for a period of 90 calendar days and the transfer of funds as indicated above. Finance Review Above x . Fenance Director nt Head Signatur CITY COUNCIL ACTION ITEM Page 1 of 1 . I, Ie I I I I I I I Ie I I I I I I I Ie I KNOWl TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas June 18, 1991 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-429, CITY OF NORTH RICHLAND HILLS CRANE RD. SEYER IMPROVEMENTS BID TABULATION Bids were received on June 14, 1991, for the referenced project which includes the construction of 1498-linear feet of 6-inch sanitary sewer line along Crane Road. The base bid total amounts for the three lowest bidders are shown below. Please refer to the enclosed detailed tabulation for all of the ten (10) contractors' unit prices and total amounts bid. Low Bidder Next Low Bidder Third Low Bidder Exist. <Vright> <Hall-Albert> <Venus> City's <Construction> <Construction> <Construction> Budget Base Bid $ 106,198.50 $ 107,423.00 $ 122,456.50 $ 71,000.00 Calendar Days 90 60 120 In the absence of any negative reports concerning the low bidder, Wright Construction Co., Inc., 601 Y. Yall St., Grapevine Texas, 76051, 817/481-2594, we would recommend award to that company in the amount of $106,198.50 for a period of 90 Calendar Days. Ve will be present at the June 24, 1991, Council meeting to answer any questions you may have concerning this project. ~"..J ..L. ..sè.£..~~ SUSAN L. SCHVINGER, P.E. SLS/ss/F3429BIDS.RUNI/Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Kevin Miller, P.E., Assistant Director of Utilities Mr. Lee Maness, Director of Finance 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 · 817/283-6211 · METRO/267-3367 ~ CITY OF NORTH RICHLAND HILLS Source of Funds: Bonds (GO/Rev.) a Operating Budget ., Other ¿ 7ll ~~oÁ" <d {~,b Department Head Signature CITY COUNCIL ACTION ITEM I I Management Services Council Meeting Date: 6/24/91 Agenda Number: PAY 91-06 Approve Payment for Air Conditioning to American Air and Heat At the April 8, 1991 Council meeting, council awarded a contract to American Air and Heat for the rep,lacement and installation of four air conditioning units at the Library. The amount appropriated was $43,250. These units have been installed and are working properly. During installation a field decision was made by Tommy Powell, Superintendent of Building Services, to have outside electric economizers installed on the two 25 ton units. Economizers are a motorized damper control system which cuts off the compressors and opens louvers to draw cooler air from the outside. This process occurs automatically when the outside temperature is the same or lower than the temperature is on the inside. There is an operational cost savings because with the installation of the economizers the compressors will be turned off when not needed. The change order for the electric economizers is $2, 000. The additional funding of this change order may be funded from Building Maintenance heating and air conditioning repair. Recommendation: It is recommended Council approve the payment of $45,250 for four air conditioning units and the electric economizers to American Air and Heat. Funding Source: 13-91-02-6000 - $43,250 06-01-02-6900 - 2,000 Finance Review ---x- eIP"" . Finance DIrector 1 Page 1 of I' I leDepartment: I Subject: ~ ~ I I e . .e I I CITY OF NORTH RICHLAND HILLS Public Works/utilities Approve Final Pay Estimate No. 2 in the amount of $3.417.82 to Axon. Inc. for Watauga Road Irrigation Improvements Council Meeting Date: 6/24/91 Agenda Number: PAY 91-07 This CIP project was awarded by Council on January 28, 1991 for $37,299.25 to Axon, Inc. Total payment to the Contractor will make his total earnings on the project $34,178.18. The Contractor substantially completed this project on April 1, 1991. completion date was April 26, 1991. The contract Recommendation: The staff recommends approval of final payment to Axon, Inc. in the amount of $3,417.82. Finance Review Source of Funds: . , Bonds (GO/Rev.) Operatin Budget Other Acct. Number 13-01-85-6000 SUffi~e~ ~ - r<qÆ~ Head Signature City· -anage~· CITY COUNCIL ACTION ITEM .\ . Fenance Director GO Page 1 of 1 I' Ie I I I I- I I I Ie I I I I I I Ie I I KNOWL TON-E NGLlSH-FLOWERS, I NC, CONSULTING ENGINEERS I Fort Worth- Dallas June 18, 1991 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-336(IR), CITY OF NORTH RICHLAND HILLS, IRRIGATION IMPROVEMENTS FOR YATAUGA ROAD MEDIAN CONTRACTOR'S PARTIAL PAY ESTIMATE NO. 2 & FINAL Enclosed is one copy of Contractor's Partial Pay Estimate No. 2 & Final, dated June 14, 1991, made payable to AXON, Inc., in the amount of $3,417.82, for materials furnished and work performed on the referenced project as of May 26, 1991. This project includes sprinkler system installation along the Yatauga Road median from Rufe Snow to Smithfield Road. Landscaping work is under separate contract. The quantities and conditions of the project have been verified on-site by your representative, Mr. Larry D. Jones, as indicated by his signature on the estimate, and we have checked the item extensions and additions. The original contract amount was $37,299.25, based on estimated quantities and contract unit prices. Contractor earnings total $34,178.18, which is $3,121.07 under the contract amount. The savings is due primarily to a miscellaneous plumbing allowance which was not needed. The project was substantially complete on April 1, 1991, which is 25 days under the scheduled completion date of April 26, 1991. Therefore, no liquidated damages were incurred, nor should any be assessed. The two year period of maintenance begins on this date and therefore will terminate on June 18, 1993. The maintenance obligation includes repair of all irrigation system malfunctions including water pipe leaks, sprinkler head breaks, control valve malfunctions, check valve malfunctions and failure of other equipment furnished and installed by the Contractor. In the absence of any negative reports relative to testing or operation of the system, and after an affidavit has been obtained from the contractor certifying that all bills have been paid, we recommend that this final payment, in amount of $3,417.82, be made to AXON, Inc., 1768 Empire Central, Dallas, Texas 75235. 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . rv1ETRo/267-3367 I Ie I I I I- I I I Ie I I I I I I Ie I I June 18, 1991 YATAUGA ROAD IRRIGATION FINAL Page 2 Ye will be present at the June 24, 1991, Council meeting to answer any questions you may have concerning this project. w,~ RICHARD Y. ALBIN, P.E. RYA/bvg/f3336irI19 Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Jim Browne, Director of Parks and Recreation Hr. Kevin Miller, P.E., Assistant Director of Utilities Hr. Larry Jones, City Inspector AXON, Inc. ~ I Department: rSUbiect: ~ I CITY OF NORTH RICHLAND HILLS Public Works Approve Final Pay Estimate No. 12 in the ~m01]nt of $0 00 to Circle "e" Construction Company for Mackey Creek Improvements, Phase II Council Meeting Date: 6j24/91 Agenda Number: PAY 91-08 This CIP project was awarded by the Council on March 27, 1989 for $425,319.60 to Circle "c" Construction Company. Total payment to the Contractor will make his total earnings on the project $420,809.17. The Contractor substantially completed this project on February 21, 1990. The contract completion date was February 2, 1990. We have reviewed the Contractor's time spent beyond his original bid time and recommend an extension of time to cover these days be approved due to above average wet weather (see attached engineer's recommendation letter) . Reason for the final payment being zero amount is detailed in the attached engineer's letter. Delay in bringing this project to Council for a final was caused by the Contractor not completing some minor items which did not affect the functioning of the channel or Rufe Snow bridge. Recommendation: The staff recommends approval of final payment to Circle "c" Construction Company in the amount of $0.00. Finance Review Source of Funds: Bonds (GO/Rev.) Opera i 9 Budget Othe . Fenance Director nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I· Ie I I I I I I I Ie I I I I I I I i' I KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas June 17, 1991 rn © rn D WI [§; IT)', Id ¡ ¡ »4 I 8 1991 111 ¡ ¡ 110 Mr. Greg Dickens, P.E. Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-353, CITY OF NORTH RICHLAND HILLS, MACKEY CREEK IMPROVEMENTS -- PHASE II HARMONSON ROAD TO FLORY STREET CONTRACTOR'S PARTIAL PAY ESTIMATE NO. 12 & FINAL Enclosed is a detail summary of the final quantities and previous payments to the contractor, Circle "c" Construction, dated June 4, 1991, for the referenced project. After application of recommended deductions and credits, as outlined below, no additional payments to the contractor are required. The original contract amount was $425,319.60, based on original estimated quantities and contract unit prices. Final contractor earnings and previous payments, after deductions and credits, total $420,809.17, which is $4,510.43 under the contract amount. This project includes concrete channel liner on the Mackey Creek channel from Harmonson Road to north of Rufe Snow Drive, along with a new box culvert on Rufe Snow and paving improvements in the vicinity of the new box culvert and the new fire station. Underground water, sewer, and storm drain utility adjustments were also included in this project. The quantities and conditions of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate, and we have checked the item extensions and additions. The as-built quantities of some pay items exceed our original computed quantities. Ye have taken field measurements with our Survey Crew to help verify the actual as-built quantities. Other as-built quantities are less than the original estimated quantities. The following is an explanation for the primary quantity deviations: 1. Paving: The original plan was to provide asphalt pavement only in the immediate vicinity of the proposed new box culvert on Rufe Snow. Construction of the new Fire Station adjacent to the box culvert along with utility adjustments and heavy construction activity required additional pavement north and south of the box culvert to make a smooth transition from the old pavement to the new. Extra pavement 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I ~ I I I I- I I I . I I I I I I I f I June 17, 1991 MACKEY CREEK CONTRACTOR'S ESTIM. Page 2 replacement construction costs totaled $9,057.90. 2. Concrete: A portion of the total concrete channel liner quantity was inadvertantly omitted from the original bid documents, but should have been included. Ye discovered the discrepancy and noted it in our letter dated December 5, 1989, Contractor's Partial Pay Request No.7. The net amount of the additional concrete which was constructed as shown on the plans totals $9,048.35. 3. Yater Adjustment: An additional length of water line was constructed to serve the new Fire Station. The cost of the additional water line totals $320.00. Proposed inserting valves were replaced by regular gate valves for a savings of $3,000. The net water savings was $2,680. 4. Sewer Adjustment: The original plans included preserving and concrete encasing an existing sanitary sewer line which crosses the channel. After uncovering the pipe during construction of the channel, it was discovered that the line was in disrepair and could not be salvaged. A new line was constructed to replace the existing sewer crossing for the additional cost of $2,640.00 based on unit prices in the contract for 110 extra feet of 12-inch diameter pipe. Also, an additional sanitary sewer manhole was constructed as directed by the Public Yorks Department. 5. Landscaping: The contract provided an allowance for hydromulching and tree replacement if required. These items were eliminated from the contract for a savings of $4,894.95. 6. Concrete Quality: The results of concrete core tests at some locations along the channel revealed thickenss and reinforcing steel placement conditions not in full compliance with project specifications. A price credit from the contractor was proposed by the Public Yorks Department, rather than removal and replacement of the concrete, since the channel liner is acceptable for its intended use, although the concrete is of measurably diminished quality. The contractor has agreed to a credit of $18,555.73, which has been previously withheld from final payment to the contractor as retainage since the last payment to the contractor in April, 1990. The following is a summary of these adjustments: Ie I I I I- I I I -- I I I I I I I f' I June 17, 1991 MACKEY CREEK CONTRACTOR'S ESTIM. Page 3 ITEM DEBIT CREDIT BALANCE Original Contract Amount $ 425,319.60 Extra Paving $ 9,057.90 434,377.50 Extra Concrete 9,048.35 443,425.85 Vater Line Adjustments $ 2,680.00 440,745.85 Extra Sanitary Sewer 3,514.00 444,259.85 Reduced Landscaping 4,894.95 439,364.90 Concrete Quality Credit 18,555.73 420,809.17 Totals $21,620.25 $26,130.68 $ (4,510.43) The Scheduled Completion Date for this project was February 2, 1990, and the project was Substantially Complete on February 21, 1990, which is 19 days over the contract time of 270 calendar days. Attached is a tabulation of the weather-related delays during the constuction period based on a compilation of local weather bureau data. The total number of wet days from the work order date of May 8, 1989, to the substantial completion date of February 21, 1990, was 32 calendar days. Thése 32 days account for the extra 19 days required, therefore, no liquidated damages were incurred, nor should they be assessed. The two (2) year term of maintenance begins on this date, and therefore, will terminate on June 17, 1993. The maintenance obligation includes repair of all water line leaks and malfunctions of all valves, fire hydrants, and other equipment furnished and installed under this contract along with storm sewer and sanitary sewer line breaks or stoppage. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures resulting from storm drain, water line, or sewer line backfill settlement or other subgrade failure, along with failure of all concrete flatwork and other concrete structures such as storm drain vaults and inlets. Ve will be present at the June 24, 1991; Council Meeting to answer any questions you may have concerning this project. ~~.~ RICHARD V. ALBIN, P.E. RWA/bvg/f3353final Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Greg Dickens, P.E., Director of Public Vorks Mr. Lee Maness, Director of Finance Circle "C" Construction