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Home My WebLink AboutCC 1991-12-16 Agendas I I I I I I I I I I I I I I I I I J - CI1Y OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA DECEMBER 16, 1991 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. ! NUMBER I ITEM ACTION TAKEN I 1. IR 91-162 City Council Business Appreciation Luncheon/Forum (5 Minutes) 2. IR 91-158 Public Works Management Study (10 Minutes) 3. IR 91-164 Contract for Auditing Services (5 Minutes) 4. GN 91-163 Animal Control Ordinance - Ordinance No. 1774 (Agenda Item No. 11) (5 Minutes) 5. GN 91-165 Lone Star Gas Franchise Agreement - Ordinance No. 1776 (Agenda Item No. 12) (10 Minutes) 6. PU 91-52 Award Annual Contract for Copy and Computer Paper (Agenda Item No. 19) (5 Minutes) 7. PW 91-36 Additional Funding - Industrial Park Boulevard Extension from Browning Drive South to Loop 820 (Agenda Item No. 20) (10 Minutes) 8. PAY 91-24 Authorization to Pay Escrowed Funds to Laidlaw Waste Systems - Resolution No. 91-45 (Agenda Item No. 23) (5 Minutes) 9. Other Items I I I I I I I I I I I I I I I I I I I Page 2 ! NUMBER ! ITEM I ACTION TAKEN I 10. Work Session City Council Rules of Order - Mayor Pro Tern Byron Sibbet 11. *Executive Session (25 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 112. I Adjournment - 7:20 p.m. j I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. I I I I I I I I I I I I I I I I I I I CI1Y OF NORTH RICHLAND HILLS CI1Y COUNCIL AGENDA DECMEBER 16,1991 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. NUMBER I ITEM I ACTION TAKEN I 1. ! Call to Order I 2. ! Invocation I 3. , Pledge of Allegiance I 4. Minutes of the Regular Meeting November 25, 1991 5. Presentations by Boards & Commissions Library Board Minutes 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22 & 23) *8. PS 91-22 Request of Davis Boulevard Baptist Church for Short Form Plat of Lot 1, Block 1, Davis Boulevard Baptist Church Addition (Located at 5201 Davis Boulevard) I I I I I I I I I I I I 'I I I I I I I Page 2 ! NUMBER ! ITEM I ACTION TAKEN I *9. PS 91-24 Request of Rostland Corporation for Replat of Lot 57R and Final Plat of Lots 58 and 59, Block 1, Meadow Lakes Additon (Located on the north side of Meadow Lakes Drive and next to TV Electric Easement) - . *10. PS 91-26 Request of Herman Smith for Replat of Lots lR & 2R, Block A, Richland Oaks Addition (Located on the east side of Oakridge Terrace and north of Airport Freeway) *11. GN 91-163 Animal Control Ordinance - Ordinance No. 1774 (Tabled at the November 25th, 1991 Meeting) 12. GN 91-165 Lone Star Gas Franchise Agreement - Ordinance No. 1776 *13. GN 91-166 Police Mobile Data Terminal Interlocal Agreement - Resolution No. 91-46 *14. PU 91-47 Glenview Drive Sanitary Sewer Project - Easement Acquisition - Parcel No.1 *15. PU 91-48 Glenview Drive Sanitary Sewer Project - Easement Acquisition - Parcel No.3 *16. PU 91-49 Glenview Drive Sanitary Sewer Project - Easement Acquisition - Parcel No.6 *17. PU 91-50 Glenview Drive Sanitary Sewer Project - Easement Acquisition - Parcel No.7 *18. PU 91-51 Award Bid for Vehicles 1'- I I I I I I I I I I I I I I I I I I Page 3 ! NUMBER ! ITEM I ACTION TAKEN I 19. PU 91-52 Award Annual Contract for Copy and Computer Paper *20. PW 91-36 Additional Funding - Industrial Park Boulevard Extension from Browning Drive South to Loop 820 *21. PW 91-37 Approve Budgets for Three Traffic Light Synchronization Projects *22. PA Y 91-23 Ratifying Settlement of Rykhoek Lawsuit and Funding - Resolution No. 91-44 *23. PAY 91-24 Authorization to Pay Escrowed Funds to Laidlaw Waste Systems - Resolution No. 91-45 24. Citizens Presentation Ms. Barbara Stahl Re: Formation of Parks Foundation (IR 91-159) I 25. I Adjournment I I POSTED I~-/d· )/ Date '/'/ i) / /J LJ /)1 ~'-JL¥'::-r------- á. ln~..... Cif}; Secret::1iY ....:._-~'~ :<. '.~' \' . ¿ ""L~·../ .. __.---- r~ ~~....~þ...;........... ..--..-....-.-- I Ie I I I I I I I lit I I I I I I -- I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-160 ~Xl x ~ Date: December 16, 1991 Subject: Arner icans With Disabilities Act The attached memo gives a brief overview of the Americans wi th Disabilities Act. Ron McKinney has studied and researched the act for some time. Ron and I recently attended a seminar sponsored by TML. The purpose of the seminar was to help cities come into compliance. We are familiar with the five titles of the act but have a host of questions. Captain John Lynn and Sergeant Sid Johnson also attended a seminar related to the ADA and law enforcement. The attached diagram shows the organizational process used to facilitate compliance. All job descriptions and employment forms in the City will have to be revised immediately. We are researching the most efficient and cost effective method to accomplish this task. There will be physical alterations necessary to most of our facilities. We cannot possibly achieve compliance by the January 26, 1992 date. We were advised that the Justice Department would probably not press the issue if we were demonstrating a good faith effort. Compliance with this act will require the efforts of each department as well as the volunteers we have mentioned. We will keep you informed and if you have questions regarding ADA, please call. Res pect~u .1Y ..sUbrnit..tedf ') .I }t /j¡; _ ~'~4IL- C!:~. sanfo/d' Assistant City Manager Attachment - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS l- Ie I I I I I I I -- I I I I I I -- I I City of J(ðrth Richland HiUs, Texas Memo To: Rodger N. Line, City Manager CSM: 92-006 From: Ron MCKinney, Personnel Director Date: November 27, 1991 Subject: Americans With Disabilities Act The Americans With Disabilities Act (ADA) was signed into law on July 26, 1990. Initially, state and local governments were required to be in compliance by July 26, 1992. However, the Justice Department which is the enforcing agency for state and local governments issued regulations in July, 1991 which requires us to be in compliance by January 26, 1992. The compliance date for private entities remains July 26, 1992. The ADA sets specific standards which employers must meet to provide persons with disabilities equal opportunity for employment and equal access to public facilities and services. The Act is comprised of the following five titles. I. Employment II. Public Services III. Public Accommodations and Services Operated by Private Entities IV. Telecommunications v. Miscellaneous Public entities are exempt from Title III because the requirements of Title III are included in Titles I and II. During the ADA seminar in Austin, it was suggested that the first thing we should do is conduct a self-evaluation. The Governor's Committee for Disabled Persons will have a self-evaluation manual ready for distribution on December 1. We have requested a copy of the manual. The manual will provide us with a systematic method of evaluating all City operations with respect to the ADA regulations. (817) 581-5500/7301 N.E. lOOP 820/P.O. BOX 820609/NORTH RICHlAND HillS, TX 76182-0609 l- Ie I I I I I I I -- I I I I I I -- I I CSM: 92-006 Page 2 We are proposing the attached organizational diagram which shows the functional processes required to comply with the ADA. The Coordinator will be the focal point for City compliance. The Advisory Committee would include three members from the disabled community and an architect". Organizations such as the Texas Rehabilitation Commission, Texas Commission for the Blind, and Texas Commission for the Deaf could help in the selection of disabled committee members. Each City department will assign one person to conduct their self- evaluation with assistance from the Coordinator, Agencies and Groups, and the Advisory Committee. Once the City-wide evaluation is completed, we should be able to identify the tasks to be performed to be in compliance with the ADA. We can then establish priorities and the estimated costs to complete the tasks. attachment cc: Dennis Horvath, Deputy City Manager C.A. Sanford, Assistant City Manager I- · Ie I I I I I I I -- I I I I I I -- I I STRUCTURE FUNCTIONAL DIAGRAM OF THE CITY ORGANIZATION TO IMPLEMENT AMERICANS WITH DISABILITIES ACT REQUIREMENTS AMERICANS WITH DISABILITIES ACT MANDATES MAYOR/CITYCOUNCIL CITY MANAGER r----- COORDINATOR FOR ADA COMPLIANCE -----, ------ -~---- ADVISORY COMMITTEE t- __ CITY DEPARTMENTS Each with a person assigned to assist in Compliance Program ----J COMPLIANCE WITH LAW Leqend 4 ~ Direction/Authority/Support .- ... Communication, Cooperation, Information Sharing, Technical Assistance l- 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 91-161 Date: December 16, 1991 Subject: SCHOOL FLASHERS The Public Works Department recently learned the 42 radio-controlled school flashers are not set on the correct receiving frequency. The original manufacturer and project contractor have offered to correct this at no cost to the City. The work to remove and replace the crystals will take two to three weeks per batch of flasher controllers they receive. In order to mitigate the effects of the flashers being inoperative, we have decided to only send 5 of the flasher controllers at a time. The sign shop has constructed 5 orange and black temporary signs to be erected just ahead of each inoperative flasher until it is replaced. The 5 signs all read "FLASHER OUT OF ORDER; OBEY SCHOOL ZONE SIGNS AHEAD" . A repair schedule for the 42 flashers is attached. Respectfully submitted, GregorY)N. Director" of '-..-,..../ ISSUED BY THE CITY MANAGER NðRTH ~'CHtAND HilLS, TEXAS Ie City of jXòrth Richland Hills I I I I I I I -- I I I I I I Ie I I I Routing JOB lITO. ....,~¡"rt'.1 / ?/ ~ LT ~~' J.Jl1" '1'/--[ lJ..fB ;~J~ ~~; ~i~ JJJ __~::.I Act j_ :; ~1 ;'.::) -'-. . ''''Y'\''~ 1::. . -~c l"l.4.~"'~J.L~ad__ November 21. 1991 Ref: PWM 91-093 Memo to: Gregory w. Dickens ~irector of Public Works!Util~ties F~OIT~ : Jimmy Cates Public Works Superintendent Subject: SCHOOL FLASHERS All school flasher control 1 ers wi 11 be swi tC!led to the correct frequency. Five (5) at a time will be switched over. The company representati ve of El tec says i t wi 11 take approximatel y two to three weeks to switch the controllers sent to them. We will notify the Police Department. schoo s affected and Sharon Murphy for the ones that will not be ope rat ng. /I/~- ~/~ (817) 281-0041 7301 N.E. LOOP 820 . P.O. BOX 18609 . . NORTH RICHlAND HillS, TEXAS 76180 l- Ie I I I I I I I -- I I I I I I Ie I I SCHOOL FLASHERS LOCATION SCHOOL College Cir @ Deaver College Cir near Watauga Susan Lee @ Deaver Bogart @ Maple Holiday Ln sib Ft.Worth Christian Ft.Worth Christian Ft.Worth Christian Ft.Worth Christian Richland High OUT 11/19 11/19 11/19 11/19 11/19 BACK IN 12/2 12/2 12/2 12/2 12/2 Dick Lews @ Woodview Lola @ Green Meadow Holiday Ln n/b @ Maplewood Rufe Snow sib @ Karen 4909 Vance Richland High Richland High Richland High Richland Middle Snow Heights Elem 12/2 12/2 12/2 12/2 12/2 12/16 12/16 12/16 12/16 12/16 Marilyn @ Harrell 7017 Shauna Vance @ Riviera Rufe Snow nib @ Oliver Rufe Snow sib @ Tabor Snow Heights Elem Snow Heights Elem Snow Heights Elem Richland Middle Mullendore Elem Glenview e/b @ Carma Glenview w/b @ Morgan Cir Rufe Snow 4000 n/b @ Glenview Booth Calloway @ Blackman Booth Calloway @ Mary Francis Mullendore Elem Mullendore Elem Mullendore Elem Christian Temple Christian Temple Smithfield nib @ Chapman Smithfield sib @ Mickey Main St e/b Main St w/b @ Massey Ct Amundson Rd Smithfield Elem Smithfield Elem Smithfield Jr High Smithfield Jr High Smithfield Jr High Rufe Snow nib @ Hightower Rufe Snow sib @ Hightower Hightower e/b @ Crosstimbers Hightower w/b @ GreenRidge Crosstimber @ Ridgetop Foster Village Elem Foster Village Elem Foster Village Elem Foster Village Elem Foster Village Elem Springdale @ GreenRidge Susan Lee Ln s/b Susan Lee Ln n/b @ Janetta Cloyce @ Janetta Lola @ Scott Foster Village Elem Holiday Heights Elem Holiday Heights Elem Holiday Heights Elem Holiday Heights Elern Lola @ Topper Emerald Hills Way @ Newman Emerald Hills Way @ Dublin Ct Newman Dr @ St. Patrick Holiday Ln @ Plumwood Holiday Heights Elem CF Thomas Elem CF Thomas Elem CF Thomas Elern Northridge Elem 12/16 12/16 12/16 12/16 12/16 12/30 12/30 12/30 12/30 12/30 1/13 1/13 1/13 1/13 1/13 1/27 1/27 1/27 1/27 1/27 2/10 2/10 2/10 2/10 2/10 2/24 2/24 2/24 2/24 2/24 12/30 12/30 12/30 12/30 12/30 1/13 1/13 1/13 1/13 1/13 1/27 1/27 1/27 1/27 1/27 2/10 2/10 2/10 2/10 2/10 2/24 2/24 2/24 2/14 2/14 3/9 3/9 3/9 3/9 3/9 I- . laarnes @ Acts Ct Starnes @ Douglas II Spare Receiver Northridge Elem Northridge Jr High Service Center I I I I I I -- I I I I I I Ie I I 3/9 3/9 3/9 3/24 3/24 3/24 I Ie I I I I I I I -- I I I I I I Ie I I MINUTES OF THE REGULAR MEETING OF THE CI1Y COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 25, 1991 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order November 25, 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 Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING NOVEMBER 11, 1991 APPROVED Councilman Wood moved, seconded by Councilman Garvin, to approve the minutes of the November 11, 1991 Council meeting. Motion carried 6-0; Councilman Scoma abstaining due to absence from the meeting. I Ie I I I I I I I -- I I I I I l- Ie I I November 25, 1991 Page 2 5. PRESENTATIONS BY BOARDS & COMMISSIONS No action necessary. 6. SPECIAL PRESENTATION BY MAYOR BROWN Mayor Brown and Councilman Welch presented plaques to the following Animal Care and Control Center volunteers: Dick Seeds, Hoy Holshouser, Rae Prang, Sylva Leclerc, Fay Tucker, Palma Welch. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Scoma removed Items No.9 and 17 from the Consent Agenda. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (10, 11, 12, 14, 15, 16, 19, 20, 21, & 22) Councilman Wood moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 7-0. 9. PS 91-23 REQUEST OF GENE HUGGINS FOR REPLAT OF LOTS lR-A AND lR-B, BLOCK 42C-R, RICHLAND TERRACE ADDITION APPROVED Councilman Scoma moved, seconded by Councilman Welch, to approve PS 91-23 with the stipulation that the metes and bounds description for the ten foot utility easement, 30 foot mobile pipeline easement, and sign easement be added to the plat. Sidewalks will be required after the completion of IH 820. Motion carried 7-0. I Ie I I I I I I I -- I I I I I I Ie I I November 25, 1991 Page 3 *10. GN 91-159 SUSPENDING TRI-COUN1Y ELECTRIC RATE INCREASE APPLICATION _ RESOLUTION NO. 91-42 APPROVED *11. GN 91-161 APPOINTMENT TO TEEN COURT ADVISORY BOARD APPROVED *12. GN 91-162 PROPER1Y TAX REFUND APPROVED 13. GN 91-163 ANIMAL CONTROL ORDINANCE _ ORDINANCE NO. 1774 TABLED Councilman Scoma moved, seconded by Councilman Garvin, to table Ordinance No. 1774 to the December 16, 1991 City Council meeting. Motion carried 7-0. Council viewed a video tape on the operations of the Animal Care and Control Shelter. *14. GN 91-164 AMENDMENT TO ORDINANCE NO. 1047, COIN OPERATED AMUSEMENT MACHINES- ORDINANCE NO. 1775 APPROVED *15. PU 91-45 GLENVIEW DRIVE SANITARY SEWER PROJECT _ EASEMENT ACQUISITION - PARCEL NO.2 APPROVED *16. PU 91-46 AWARD OF BID FOR COMPUTER UPGRADE APPROVED I Ie I I I I I 1 I Ie I I I I I I I Ie I November 25, 1991 Page 4 17. PW 91-34 1992 DRAINAGE IMPROVEMENTS PROGRAM APPROVED Councilman Scoma moved, seconded by Councilwoman Johnson, to approve PW 91-34. Motion carried 7-0. 18. PW 91-35 AWARD BID FOR COMMUNI1Y CENTER PARKING LOT IMPROVEMENTS APPROVED Councilman Scoma moved, seconded by Councilwoman Johnson, to approve PW91-35 Alternate A and the base bid. Motion carried 6-1; Councilwomen Spurlock and Johnson and Councilmen Garvin, Welch, Scoma and Wood voting for and Mayor Pro Tern Sibbet voting against. *19. PAY 91-19 APPROVE RUFE SNOW DRIVE & STARDUST DRIVE SIGNAL COST PARTIAL REIMBURSEMENT APPROVED *20. PAY 91-20 FINAL PAYMENT GLENVIEW FACILI1Y APPROVED *21. PAY 91-21 FINAL PAYMENT EQUIPMENT STORAGE BUILDING APPROVED *22. PAY 91-22 FINAL PAYMENT PARK MAINTENANCE FACILI1Y APPROVED 23. CITIZENS PRESENTATION Mr. Ralph Thrasher, 6704 Starnes, appeared before the Council. Mr. Thrasher presented the Council with copies of excerpts from the law on the Regional I-- Ie I I I I I I I Ie I I I I I I I Ie I November 25, 1991 Page 5 Transportation Authority. Mr. Thrasher advised if this was going to be done he felt it should be kept within the City. SPECIAL PERMIT FOR TRUCK SHOW/SWAP MEET- REQUEST FROM EMBER OAKS HOMEOWNERS RESIDENTS The following appeared in opposition to the issuance of the permit: Mr. Mike McGee, 7900 Whispering Woods (also questioned the widening of Bursey Road) Mr. Jerry Taylor, 7801 Clover Leaf Mr. Paul Fehlman, 7804 Ember Oaks Drive Mr. John Rongitsch, 7901 Whispering Woods Mr. Dan Sullivan, 7829 Clover Leaf Mr. Joe Beakley, 8028 Kandy Lane. Councilman Welch advised he would like to clarify that he did not live in the neighborhood as stated in the local newspaper. Those appearing expressed concern on the noise, access, parking and sanitary facilities. Staff advised there would be no alcoholic beverages allowed. Staff also presented a slide presentation on the area where the show was to be held and restrictions placed on the issuance of the permit. 24. ADJOURNMENT Councilman Wood moved, seconded by Councilman Garvin, to adjourn the meeting. Motion carried 7-0. A ITEST: Tommy Brown - Mayor Jeanette Rewis - City Secretary I NORTH RICHLAND HILLS LIBRARY BOARD MINUTES November 21, 1991 I. I The North Richland Hills Library Board met in the board room of the library on November 21 at 7 p.m. Present were Jan Daniels, Jay Bradshaw, Rosemary Herod, Alisa Wood, Kay Schmidt, Shirley Goolsby, Arlita Hallam, and Brenda Lewis. Absent: Brenda Cody and Polly Brinkley. I Chairman Jay Bradshaw called the meeting to order. Shirley Goolsby moved, Kay Schmidt seconded, and the motion carried to approve the minutes of the September 19 meeting. Library Director Arlita Hallam's report included the following: I Summarized the meeting on November 7 chaired by County Commissioner Dionne Bagsby to discuss long-term planning and community cooperation for libraries. The meeting was well attended by library directors, boards, friends, and lay people. A follow-up meeting was scheduled for January 16. A district library with an elected governing board and a taxing district based on millage was one of the options discussed. Arlita is also serving on a Texas State Library task force on long-range planning (which includes drafting legislation to allow for district libraries in Texas). Reviewed the annual report to the Texas State Library. In 1990/91, the library circulated a total of 337,612 materials--or 7.36 materials per capita (above the state average of 4.12). The collection turnover rate was 4.18; 53,285 reference questions were answered (1.16 questions per capita); and 4,443 new patrons were registered. I I I I Discussed renewals and new memberships to the Texas Library Association for members. Kay Schmidt, alternate lay representative to the North Texas Library System, recently ~ttended a meeting at the Weatherford Public Library. Among the items of interest was that NRHPL is among the top five borrowers in the Interlibrary Loan Program. The next NTLS meeting will be in April in Wichita Falls. I Jan Daniels reported that fund-raising projects and a broader base of membership were the main items of discussion at the Friends of the Library meeting on November 18. Jan was elected president; Clyde Zellers, vice-president for 1991/92. Jan will keep the board advised on the plans for various projects. I As a result of a workshop attended by Arlita Hallam, Betty Russell, and Kay Schmidt on legal issues in library management, Kay led a discussion on the problem of latch-key children, unruly children, and children left in the library at closing time. The consensus was that all library policies need to be reviewed, revised, and/or written with regard to legalities and liabilities. I I February Meeting Review and update Plan of Service for 1992-97. (Copies of the current plan to be sent to members in early January for study.) I March Meeting Review, update, and write library policy. (Copies of cur- rent policy t6 be sent to members in early February for study.) I The December 19 meeting was canceled. At the January 16 meeting, the board will attend Commissioner Bagsby's meeting on library issues to be held in the Tarrant County Commiss- ioners' Courtroom. Jan Daniels moved, I 4IÞBrenda Lewis I Alisa Wood seconded, motion carried to adjourn meeting at 8:20 p.m. Date Approved Board Chairman I Attested by I CITY OF NORTH RICHLAND HILLS _epartment: communi ty Development Council Meeting Date: 12/16/91 Subject: Request of Davis Boulevard Bapt1st cnurcn tor snort ft'orm Plat of Lot 1, Block 1, Davis Boulevard Baptist Church Add. This property is located at 5201 Davis Boulevard. Agenda Number: PS 91-22 Davis Boulevard Baptist Church is the owner of a 3.1 acre tract of land and has submitted a Short Form Plat of the property. A Short Form Plat allows a property owne~ when a structure exists on the property, to avoid the usual lengthy review process required of both a Preliminary and Final platting process. The 3 .1 acre tract has not been previously platted and the church is proposing an expansion to their facility in the near future and the property must be platted to obtain a building permit. 1_ No public water, sewer or street improvements are required as a result of this plat. The engineering comments have been limited to only minor technical comments associated with the plat and these have been addressed by the developer. The Planning and Zoning commission reviewed and approved this plat at their November 14, 1991 meeting. Recommendation: It is recommended that the City Council approve the recommendation of the Planning and Zoning commission. Finance Review Source of Funds: _ Bonds (GO/Rev.) . Operating Budget Other J v./7l 4/ 'íj ~\ ~ (~~ .~ ,4írl~ Dep-'artment Head Signature City Manager CITY COUNCIL ACTION ITEM - Acct. Number Sufficient Funds Available , Finance Director Pa e 1 of I Ie I I I I I I I -- MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 14, 1991 - 7:30 P. M. CALL TO ORDER The meeting was called to Vice Chairman Barfield at David Barfield Don Bowen Ron Lueck Don Collins Paul Miller Barry LeBaron Steve Pence Wanda Calvert ROLL CALL PRESENT: Vice Chairman Secretary Members . Community Dev. Building Official p & Z Coordinator ABSENT: James Brock Pat Marin Wayne Moody CONSI TION OF THE MINUTES CTOBER 10, 1991 Mr. Lueck made the motion to approve the minutes as written. This motion was seconded by Mr. Miller and the motion carried 5-0. I I I I I I Ie 1. PS 91-22 Request of Davis Boulevard Baptist Church for Short Form Plat of Lot 1, Block 1, Davis Boulevard Baptist Church Addition. This property is located at 5201 Davis Boulevard. Vice Chairman Barfield stated that the applicant has met all the criteria the city has requested. PS 91-22 APPROVED Mr. Bowen made the motion to approve PS 91-22. This motion was seconded by Mr. Lueck and the motion carried 5-0. Vice Chairman Barfield stated t Commission would hear · A, PS-91-23, next 2A. PS 91-23 uest of Gene Huggins for Replat of Lots lR-A & lR-B, Block 42C-R, Richland Terrace Addition. This property is located on the north side of Northeast Loop 820 at Cloyce Drive and Short Street. I I Ie I I I I I I I Ie I I I I I I Ie I I ERNEST HEDGCOTH Consulting Engineers, Inc. PLANNING · DESIGN · ENGINEERING November 13, 1991 City of North Richland Hills fJ]nnning & Zoning Commission P.O. Box 820609 North Richlnnd Hills, Texas 76180 Ref: PS 91-22;DAVIS BOULEVARD BAPTIST CHUnCH ADDITION; LOT 1, BLOCK 1 FfNAL PLAT (PWN 91-116) near Sirs; T hAve reviewed the November 6. 1991 letter from the City Public Wndcs Department concerning the final plat for PS 91-22; Davis Blvd. Baptist. Church. The following comments are number to <;or'respond to the November 6, 1991 letter: 1. The Global Positioning System (GPS) Horizontal Control coordinates will be determined and placed on the plat. 2. The plat will be signed and sealed. 3 . The current zoning is shown of the plat under the title. 4. TIle owner will obtain an ingress and egress agreement. 5. The fire hydrant radius covers the existing buildings and t.he proposed new construction. The hydrant on Roberta covers the western portion and a hydrant on the north covers the remaining portion. This will be shown on the layout. 6. The existing street light on Davis Blvd. at the entrance of the property will be shown. 7. The existing water and sewer services will be shown. 8. A detail of the tap into the existing drop inlet wil] be shown on the construction plans for the parking lot and new building. 9. Sidewalks will be provided at the time of the new construction. 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 Ie I I If you have contact me. Approval. Sincerely ~ any questions concerning this final plat please I trust that the above plat will meet with your ') 1 /j~) I Ie I I I I I I I Ie I I I I I I Ie I I - City of j\(örth Richland HiUs, Texas November 6, 1991 Ref: PWM 91-116 MEMO TO: Planning & Zoning Commission FROM: John A. Johnston, P.E. Assistant Director of Public Works SUBJECT: PS 91-22; DAVIS BOULEVARD BAPTIST CHURCH ADDITION; Lot 1, Block 1; Final Plat We have reviewed the subject documents received in our office October 15, 1991, and offer the following comments. 1. The City has recently obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. This plat should therefore include the Texas State Plane Coordinates for at least one property. The coordinates should be determined by a survey tied to the City's GPS. 2. The surveyor should sign and seal the plat prior to the next submittal. 3. The current zoning of the property should be shown clearly on the plat. 4. The proposed layout of the property shows a drive outlet on the property owned by Hamm and Sandlin. The developer should obtain a Public Access Easement from Hamm and Sandlin to allow the use of that driveway. A copy of the easement should be provided with the next plat submittal. 5. The fire hydrant radius of coverage should be shown. The Design Manual for Public Works/Utilities for the City of North Richland Hills should be consulted for the required radius of coverage. 6. The developer should coordinate with TU Electric the layout and design of the street lights which will serve this property. The cost for installation will be paid by the developer directly to TU Electric. The developer should provide the City with an approved street light layout and a photocopy of TU Electric's agreement to install the referenced street lights. (817) 581-5500/7301 N.E. LOOP 820/P.O. BOX 820609/NORTH RICHLAND HILLS, TX 76182-0609 I Ie I I I I I I I Ie I I I I I I Ie I I PWM 91-116 November 6, 1991 Page Two 7. The location of the existing sewer and water service and any proposed services should be shown on the Water and Sewer Layout sheet. 8. A detail of the storm sewer tap into the existing drop inlet should be shown on the submitted documentation. 9. Sidewalks will be required for this subdivision and should therefore be incorporated into the final plans. The marked-up plans given to the engineer should be returned with the next resubmit tal. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. ~ JAJ/smm cc: Gregory W. Dickens, P.E., Director of Public Works/utilities Barry LeBaron, Director of Community Development I CITY OF NORTH RICHLAND HILLS _epartment: Subject: Community Development Council Meeting Date: 12/16/91 Request of Rostland Corporation :tor Repl.a~ o:t LO~ t>/H ana ,tt'inal Plat of Lots 58 & 59, Block 1, Meadow Lakes Addition. This property is located on the north side of Meadow Lakes Drive next to the TU Electric Easement. Agenda Number: PS 91-24 Rostland Corporation is the owner of a small tract of land located near the western end of Meadow Lakes Drive. One of the three lots was previously platted with a portion of a different section of the Meadow Lakes SUbdivision. The balance of the property was previously unplatted. The developer has submitted a request to plat the property into three lots. No water, sewer or street improvements are required as a resul t of this plat, since all public improvements were installed with prior sections of the Meadow Lakes Addition. The Planning and Zoning Commission reviewed and approved this plat at their meeting on December 10th. Recommendation: e It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Acct. Number _ Bonds (GO/Rev.) Sufficient Funds Available _ Operating Budget Oth~r ~ 'J) - -rsr~ 1Ja.~ \JI ~ . - r- ment Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of · IIi · · I II I I I I -- I I I I I I l- Ie I ~ "'- "--. \ I I I I I --------""""'" \ .. l- !-- 0# '. "" "~" "" .., ~. f;:, -4 " " 'ij:-- I- J I 1 j - ..... ~i ~ f= ~ä .,... ," Si 1-2 tl94 -- ~ t(þ.~ ...... ....... ~ \ 1 C-2 n- ~ r ~_L .. . E 1 ~IH." 1091 - I . R-2 1573 -- ¡{iT I r HI "'. nan. R-7-MF BE: r- ~~.., -- C'" 2 LS.ùf* HOC .. ~ ~ 7 1-2 C-2 1450 I §L~ U6 ¡:: ~~ ~:'~ LL PLANNED OFF I CE USE CPO) L R S'-l ~~I"'~ N()-..342-1~J7~~.,...~_ _ ~ FrEEEE ':.,.; ì lL!:. ø.?~~~.. rtiiTf I ¡g r1 ~.. DJ .... c:~~ - ~...- !\ I ^ III 'PI"r ~ ~ =~~~ !e~ :::B::::~ ~ \J.lL7 £- ~ ~t r:1I:l"] ( .OR' R-2 ~ C /\ T T\--¡ .,UN U -2 :5~~J¡E[ _ ~ ~:t T C 8*"" '== 011 ~ r.... Yft'~ ,.,.., \~~ ~~ =-, - [I >;tg.. I I ¡ I T I I I I II I I .~ /, n T ~ '1m '\ [J I~I ""i/II/ l r T T J 1 1 rTlf 1 ì T\t\tllr 11,/..... TI T ¡ [I ¡...."..... T T T ~- ( ~ I~ ~~ U ]þ± ~' T iJ l~ 1 J-~ i~ = œ~~: T ~ ì V fI ~~ I I'-"'!- ~- R-7"'M _ / ]U~ ,~ f , 'f.~ C-2 C-2 1114 ) j U-PD 1f44 1608 U t608 ~ ~ \ LiT --~f'IT -7 "' ~~/~ ~ C-I =f: I Ie I I CALL TO ORDER I ROLL CALL I I I MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER la, 1991 - 7:30 P. M. The meeting was called to Vice Chairman Barfield at avid Barfield Don Bowen Ron Lueck Don Collins Pat Marin Wayne Moody Barry LeBaron Steve Pence Wanda Calvert PRESENT: Vice Chairman Secretary Members /:;;; ,.....-:: ~/ I -- // I /~_ AI;. "~ember r. Community Dev. Building Official p & Z Coordinator .--' ABSENT: James Brock Paul Miller /" ././-:.: ~/ F THE MINUTES 14, 1991 Mr. Bowen made the motion to approve the minutes as written. This motion was seconded by Mr. Lueck and the motion carried 4-0 with Ms. Marin and Mr. Moody abstaining since they were not present at the meeting. J,:y- .:.......--. -................,...-r ..-....,....~ --~_.~ . "I'!"'- ,-:"!"---:r---T~~...~ ... ~- '-~-~ I 1 . PS 91-24 I I I I Ie I I . Public Hearing for request of Rostland Corporation for Replat of Lot 57R and Final Plat of Lots 58 & 59, Block 1, Meadow Lakes Addition. This property is located on the north side of Meadow Lakes Drive at the TU Electric Easement. Vice Chairman Barfield opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Bob Frank came forward to represent the applicant in his request. Vice Chairman Barfield said they had answered all the engineer's comments. He called for anyone else wishing to speak in favor to please come forward. I Page 2 p & Z Minutes 1_ December 10, 1991 I I I I PS 91-24 APPROVED I 2 . PS 91-26 I I -- I I I I I I ,,- ~ Ie I I / .;/ There being no one, the Vice Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Vice Chairman Barfield closed the Public Hearing. Ms. Marin made the motion to approve PS 91-24. This motion was seconded by Mr. Collins and the motion carried 6-0. Public Hearing for request of Herman Smith for Replat of Lots 1R and 2R, Block A, Richland Oaks Addition. Th· property is located on the east si of Oakridge Terrace and north of Airport Freeway. Vice Chairman Barfield op~ed the Public Hearing and ca~~ for those wishing to speak in,ßávor of this Replat to please 9·~e forward. . ./" Ross Calhoun~h Herman Smith Company came forwap~~~e said Terry Mitchell, enginee ~ith Carter and Burgess, was prese if they had any questions. , 'ce Chairman Barfield said everything c,· had been agreed to except the phone company and electric company were asking for additional easements on the plat. He said they were asking for 10 feet along the west side and 15 feet along the north and east sides. Mr. Calhoun stated they would grant the easements. Vice Chairman Barfield called for anyone else wishing to speak in favor of this replat to please come forward. There being no one, the Vice Chairman called for anyone wishing to speak in opposition to this replat to please come forward. I Ie I I I I I I I Ie I I Attached are 14 folded copies of the amended plat wi th the copy that was provided to us showing your COßInents marked in red. If you should have any questions or need anything further, please do not hesitate to call. II Sincerely, I ~T=)Q. I David w. Myer~ RPLS 4565 II Ie II I David C. Moak Surveyors, Inc. Registered Professional Land Surveyors David C. Moak, R.P.L.S. Consultant Texas · Arizona · Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David W. Myers, R.P.L.S. President December 4, 1991 City of NOrth Richland Hills 7301 N.E. Loop 820 NOrth Richland Hills, Texas 76180 Attn: Kevin M[ller, P.E. Re: PS9l-24¡ Meadow Lakes Addition, Final Plat. (Our job no. 90-40). Dear Kevin, Per your letter addressed to the Planning and Zoning Carmnission, I have reviewed your comments and have amended the plat to reflect such, with exception to the following: Item 5) Due to the lack of time and the plat involving mUlti-owners, we did not have time to get the proper signatures. However, reproducibles have been provided to Bob Frank to acquire these signatures prior to the plat being submitted to Council. d1ÑlTl c: Bob Frank 105-B Bedford Rd. · Bedford, Texas 76022 · Metro (817) 268-2211 . Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping I Ie I I I I I I I Ie I I I I I I Ie I I City of J(ðrth Richland Hills, Texas DATE: November 27, 1991 Ref: PWM 91-125 MEMO TO: Planning and Zoning Commission MEMO FROM: Kevin B. Miller, P.E. Assistant Director of Utilities SUBJECT: PS91-24; MEADOW LAKES ADDITION; Block 1, Lots 57R, 58, 59; Final Plat I have reviewed the subject documents submitted to this office on November 11, 1991 and offer the fOllowing comments. 1. The City has recently obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. This plat should therefor include the Texas State Plane Coordinates for at least one property corner. The coordinates should be determined by a survey tied to the City's GPS. 2. The "Point of Beginning" should be added to the drawing. The area referred to as "...Electric Company Easement" is a "TU Electric right-of-way." The plat shall be revised accordingly. 3. The date for the approval blocks shall be revised to 1991. 4. The telephone numbers for the Owners, should be added to the Plat. 5. The signatures and date precede the approved Preliminary Plat. The Plat shall be revised and the date made current. 6. The attached easement dedication should be incorporated into the closing paragraph. 7. The Subdivision Ordinance requires a 7.5 foot Utility Easement around the perimeter of the property. This was included with the Preliminary Plat and should be added to the Final Plat. 8. The current zoning for the proposed lots should be clearly indicated on the face of the plat. (817) 581-5500/7301 N.E. LOOP 820/P.O. BOX 820609/NORTH RICHLAND HILLS, TX 76182.0609 I Ie I I I I I I I -- I I I I I I Ie I I November 27, 1991 PWM 91-125 Page 2 9. The current Zoning Ordinance requires that sidewalks be constructed throughout the subdivision. 10. There are a few comments regarding the exhibit. These comments are recorded on the attached blueline. The plat has been returned to the Engineer for revision. The marked-up blue line should be returned with the next submittal. ¿/' -ø:Þ~þ/ " -¿~~ ----",,7 ~-/~~ 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 Request of Herman Smith for Replat of Lots lR and 2R, Block A, Richland Oaks Addition. This property is located on the east side of Oakridge Terrace and north of Airport Freeway. I Mr. Herman Smith has submitted a request to replat portions of the II Richland Oaks Addition into a two lot commercial development. The subdivision was previously a residential area. However, changing land use characteristics have caused the area to have excellent commercial qualities. The proposed two lot sUbdivision consists of 15 acres. It is anticipated that the larger lot will be used to attract a major nationally known retailer. The smaller lot will be used as a potential pad site for either a restaurant or a similar business use. The entire tract was rezoned from a residential zoning district to commercial zoning on October 28, 1991. CITY OF NORTH RICHLAND HILLS _epartment: Subject: Community Development ~ Council Meeting Date: Agenda Number: 12/16/91 PS 91-26 The developer has agreed to install new 8" water lines to serve the site. New sewer service will also be installed by the developer along with some off site storm drains. No new street improvements will be required as a part of this replat. The developer has agreed to all engineering comments. The only comments received during the review of this replat came from ther public utility companies who requested wider utility easements than he normal 7. 5 foot required by city regulations. As a resu1 t of. their input, the Planning and Zoning Commission requested the developer to include a ten foot utility easement along the west property line, and fifteen foot utility easements along the north and east property lines. The developer has agreed to these additional easement requirements. However, due to the extremely short time between the reviews by the Planning and Zoning Commission and the Council meetings, the enclosed plat may not reflect the additional easement requirements. The developer has indicated that these will be shown on the plat before it is filed for record. The Planning and Zoning Commission reviewed and approved this plat at their meeting on December 10, 1991 with the additional easement requirements mention previously. Reco--endation: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission subject to the additional 10 and 15 foot easement requirements requested by the Planning and Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available _operating Budget o~ ~ ~ Cv ~ (3~ \.t! 1< t- - ~nt Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of u ì FEB 21,89 1540.1541.1542,'543 1544,'545.154. 15",155~ 1558,'582 1!56I,I5&4,1570, 1571 15'7'3.157"577; 1590 ' DEe 14,. 1553.1600,1802,1808 1815,1819, 1621. 1625 1828.183t 1839,1842 JULY 8,90 1611,1655,1664,1673 74,1675 APRIL 9. 1681.1688.'693,1699 1109,'720 J, c- \ , , \ ",. I Ie I I I I I~ 2 . I I Ie I I I I I I Ie I I Page 2 P & Z Minutes December 10, 1991 PS PS 91-26 r ".' -... ?.....~T'L~ ....~.q.-, ....:::"'!'-...-. ~..~.. c -- . -!"':: -. There being no one, the called for those wishi 0 speak in opposition to th equest to please come forwar ere being no one wishing to speak, Vice Chairman-Barfield closed the Public Hearing. Ms. Marin made the motion to approve PS 91-24. This motion was seconded by Mr. Collins and the motion carried 6-0. ...~-".~ Public Hearing for request of Herman Smith for Replat of Lots 1R and 2R, Block A, Richland Oaks Addition. This property is located on the east side of Oakridge Terrace and north of Airport Freeway. Vice Chairman Barfield opened the Public Hearing and called for those wishing to speak in favor of this Replat to please come forward. Ross Calhoun with Herman Smith Company came forward. He said Terry Mitchell, engineer with Carter and Burgess, was present if they had any questions. Vice Chairman Barfield said everything had been agreed to except the phone company and electric company were asking for additional easements on the plat. He said they were asking for 10 feet along the west side and 15 feet along the north and east sides. Mr. Calhoun stated they would grant the easements. Vice Chairman Barfield called for anyone else wishing to speak in favor of this replat to please come forward. There being no one, the Vice Chairman called for anyone wishing to speak in opposition to this replat to please come forward. I Ie I I I I I I I Ie I I I I I I ~ .... ~. :' I~~- I I Page 3 p & Z Minutes December la, 1991 PS 91-26 APPROVED .--r... ~. ~t;:i; There being no one wishing to speak, Vice Chairman Barfield closed the Public Hearing. Mr. Lueck made the motion to approve PS 91-26 with the stipulation that they grant a 10 foot easement on the west and a 15 foot easement on the north and east. This motion was seconded by Mr. Bowen and the motion carried 6-0. ....... --..,....... - - ....- ,....... ~.- --......'" ---.........-.---. _ .---......,-..... .. ""~~~ ..- ----~~- ....~.I"f"-.. ........... 3. PZ 91-23 ./ // ./ /" .,/ / /' ./ ;/ ,/ /1" " . .'~/ ../~' . ~":r:r.:c=L~ Public Hearing for request of Davis Memorial United Methodist Church to rezone Lot 8, Block 33, Nor'East Addition, from its present ~~ # classification of R-2 Single,;,Y-3mily Residential to U School, CMrch and Institutional District. .".;,·This property is located at 5301 D~yfs Boulevard. ~... Vice Chairman Barrleld opened the ../ Public Hearing,..and called for those wishing to ~p~ak in favor of this request to~lease come forward. ,./ Jean~ LaGrone, 4930-D Cloyce Court, c~me forward. She said she represents ..,.the members of the church in their request. Ms. LaGrone said the property is currently zoned residential and they wish to change it to U for a church. / ,// Vice Chairman Barfield called for anyone else wishing to speak in favor of this request to please come forward. ;/ / There being no one, the Vice Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, Vice Chairman Barfield closed the Public Hearing. "~.a...ar.¡:';'?,",~.-':_~rL·':.1.:--~:1.':...~....·.:-"...!;..;..:~:"'t....::.-::..~____~...:.:-._.:..;~,.'....\....t,.....~....:Iõ~~_·.........~t'.tL-t..-~I._:._--:~~~-' -- ------- -~--_ -. - -~- ~- -- ------._.. ..;..--:__.______ __ _ r--~ I' Ie I I I I I I I -- I I I I I I Ie I I 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. B{=jCARTER & BURGESS,INC. ~ ENGINEERS· PLANNERS· SURVEYORS December 4, 1991 City of North Richland Hills P.O. Box 820609 Richland Hills, Texas 76118 1 .-\ r1 ../.,... ~ Attn: Mr. Greg Dickens, P .E. .:.~.:; £ .- Re: Richland Oaks Addition, Lot 1R and 2R, Block A I I ~: I --~ ',-J Dear Greg: . -..-.------.-- Enclosed are 11 copies of the revised replat and two copies of the revised plans for the subject tract. The following reply is to comments shown in your letter dated November 27, 1991. Plat 1. The plat has been tied to the City's GPS. 2. The designation has been revised and further subdivision has occurred to make the replat for "Lot lR and 2R, Block A". 3. The zoning classification has been added. 4. The lot and block was added. The fuelane dedication was removed. The offsite public access/utility easement was modified to reflect proposed and will be dedicated by separate instrument. The existing right-of-ways were shown "to be abandoned". The FEMA 1oo-year floodplain was added. The building was removed. A minimum of 7.5 foot wide easement was added. We are in the process of obtaining the adjacent easements and will add them to the plat. A 25-foot setback was added along the R-7-MF zoning north of this tract. No building lines were added along the east, south and west as the zoning is either commercial now or will be when replatted in the future. The easement dedication was added. Surveyor and Engineer's informati<?n was added. ì950 ELMBROOK DR./STE 250/DALlAS, TX i5247-4951 /(214) 638-0145 DALLAS· F()RT WORTH· HOUSTON, TEXAS FORT MYERS, FLORIDA I Ie I I I I I I I -- I I I I I I Ie I I Page 2 Mr. Greg Dickens December 4, 1991 15. The executed replats are submitted with this letter. 16. Minor corrections shown on the plat have been done. 17. A cover sheet has been added. Water and Sewer Layout 18. A 1S-foot wide easement for all public utility improvements will be provided as construction plans are fmalized. 19. Gate valves were added as requested. 20. Fire hydrants were added as requested. 21. The separation note was added. 22. A detector check value was added. 23. Street lights will be tied down as plans are fmalized. 24. Sidewalks will be provided along SH 121. 25. Driveway permits will be provided as plans are fmalized. Drainage Area Map and Layout 26. See no. 18. 27. Storm drain vaults have been added. 28. A grade to drain letter will be obtained as plans are fmalized. 29. An off site drainage area map was added. 30. The certificate of responsibility was added. 31. The requirements of FEMA will be met to remove the 100-year floodplain from the property. 32. The minimum fmished floor will be utilized to fmalize the grading plans. 33. The sheets have been sealed. 34. The redlined comments have been addressed. 35. Detail sheets will be provided as plans are fmalized. l- Ie I I I I I I I -- I I I I I I Ie I I Page 3 Mr. Greg Dickens December 4, 1991 36. Enclosed is a copy of H.B. No. 1569 which no longer requires the submittal of a trench safety plan as long as certain other requirements are met. We intend to have the contractor meet the requirements or submit a trench safety plan. Please call me if you have any questions. Sincerely, CARTER & BURGESS, INC. ~ ~~1N11~ Terry W. Mitchell, P.E. Associate Enclosures xc: Mr. Ross Calhoun TWM/lss 91315202.L02 I Ie I I I I I I I Ie I I I I I I Ie I I . .. City of J{8rth Richland HiUs, Texas J~ ~ -- ~f\ November 27, 1991 Ref: PWM 91-126 MEMO TO: P & Z Commission FROM: Gregory W. Dickens, P.E. Director of Public Works/Utility SUBJECT: PS 91-26; RICHLAND OAKS ADDITION; Lot 2R, Block A; Replat and Plans We have reviewed the subject replat and plans received in our office on November 20, 1991 and offer the following comments. Plat - 1. The City has recently obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up- to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. This plat should therefore include the Texas State Plane Coordinates for at least one property corner. The coordinates should be determined by a survey tied to the City's GPS. 2. Change the proposed lot designation to "Lot 2R, Block A" instead of "Lot 3R". 3. Note the zoning of this property being replatted within the proposed lot delineation. Also add zoning for Block 3, University Plaza Addition. 4. Note the lot and block of the proposed lot within the lot's delineation. 5. There is no need to dedicate firelanes on the plat. However, if these firelanes are intended to be used to indicate places of public access, then they should be marked "Public Access Easement". (817) 581-5500/7301 N.E. lOOP 820/P.O. BOX 820609/NORTH RICHlAND HillS, TX 76182-0609 I Ie I I I I I I I -- I I I I I I Ie I I PWM 91-126 November 27, 1991 Page Two 6. The Firelane/Utility Easement shown offsite to the west of the tract should not be shown on the replat unless this easement will be dedicated and filed at the County prior to the replat being approved. 7. Mesa Verde Trail and Texian Trail right-of-ways should be marked "Abandoned by this Replat". 8. Delineate the existing FEMA designated 100 year flood plain boundary on the replat. 9. Do not show outline of building, sidewalk, loading dock, etc. on replat to be filed. 10. The Subdivision Ordinance requires a 7.5 foot Utility Easement around the perimeter of the property. This should be added to the Replat. 11. Show all easements adjacent to Lot 2R on adjacent properties. 12. Building Setback lines should be added for the proposed lots as well as the lots adjacent to the plat. 13. Include the "easement dedication clarification" on the plat in the last paragraph of the "owner's acknowledgement and certification". See attached sheet for wording of clarification. 14. The surveyor's and engineer's address and phone number should be included on the replat. 15. The owner and surveyor should resubmit an executed replat at least one week prior to the Planning & Zoning Commission meeting. 16. Revise all minor corrections noted in red on the replat. 17. A cover sheet in accordance with Section 1-01 of the North Richland Hills Public Works/Utilities Design Manual should be included with resubmittal. Include the standard review signature block on the cover sheet. See attached sheets for standard. Water and Sewer Layout 18. Provide 1S-foot wide executed easement for all public water and sewer lines to be constructed offsite if one does not exist. 19. Add proposed gate valves to layout as marked on plan sheet. Minimum of 2 gate valves required at tee intersection of lines and 3 gate valves at a cross. I Ie I I I I I I I -- I I I I I I Ie I I PWM 91-126 November 27, 1991 Page Three 20. Add fire hydrant as marked close to the northwest corner of the lot noted as "part of Lot 7, 8, and 9" and owned by Marvin Snodgrass. 21. Note on layout that a m1n1mum proposed separation of the proposed 8-inch water and proposed 8-inch sewer lines along the north side of the proposed Pace building will be 10 feet. 22. A detector check installation will be required on the fire protection line. 23. Note by a symbol the location of all street lights within 600 feet of the property along State Highway 121 service road. Provide any street lights required by our criteria through contract with TU Electric. 24. Sidewalks will be required along the property's frontage on State Highway 121. 2S. Provide four original executed Texas Department of Transportation's (TDOT) Driveway Permit for the main entrance to us for our review and approval prior to submittal to the State. Drainage Area Map and Layout 26. Provide 1S-foot wide executed easement for all public drainage facilities to be constructed offsite. 27. A storm drain vault will be required to be installed at all points where a private onsite storm drain becomes a public offsite storm drain. 28. An executed and notarized "grade-to-drain" agreement letter from the downstream property to the west may be required if not included in the offsite drainage easements to be acquired. 29. Need to provide an appropriate offsite drainage area map to reflect size of offsite drainage areas and to show clearly where the offsite drainage flows. We assume it will show no runoff enters this property from offsite except from the Walker Branch floodplain along the west side. 30. Provide the executed engineer's "certificate of responsibility" paragraph on this sheet. See attached sheets for copy or look in the City's Subdivision Ordinance on page 12. 31. A small portion of the northwest corner of the lot is in the FEMA designated 100 year floodplain (but not in the floodway). This property may be developed and a building placed as shown without I' Ie I I I I I I I ~ I I I I I I ~ I I PWM 91-126 November 27, 1991 Page Four providing a detailed hydraulic study. All rules for filling and building retaining wall (if any) in this floodplain must meet the FEMA or City regulations, whichever is more restrictive. See attachments for description of minimum requirements. 32. The minimum finished floor elevation should be 1.5 foot above the adjacent 100 year flood water surface elevation as determined using a fully developed watershed condition. 33. Seal all plan sheets before resubmittal. 34. Revise all corrections noted on marked-up set of plans returned to engineer. 35. Provide all appropriate details on the plans. The North Richland Hills standard details are in the Public Works/Utilities Design Manual and shoul~ be used in their entirety. 36. Trench safety plans and specifications sealed by a registered professional engineer licensed in the State of Texas will be required on all trenching greater than 5 foot deep. The City reserves approval of the storm drain and sewer pipe sizes and alignment until final plans are submitted with grades, profiles, and hydraulic gradients. The plans have been returned to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of his responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. Due to the quantity and magnitude of the comments, Public Works is recommending that this plat and construction plans be revised prior to submitting to the Planning and Zoning Commission. The marked-up blue lines should be returned with the resubmittal. cc: Barry LeBaron Director of Community Development CITY OF NORTH RICHLAND HILLS Department: Environmental Services Animal Control Ordinance - Subject: Ordinance No. 1 7 74 Council Meeting Date: 12/16/91 Agenda Number: GN 91-163 Attached is the revised edition of proposed Ordinance No. 1774, which the City Council considered on 11/25/91. The Animal Shelter Advisory Board reviewed the ordinance at their December 10, 1991 meeting. In addition to the revisions introduced at the 11/25/91 council meeting, the following changes were recommended by the Board and have been incorporated into the ordinance: A. Definition of "Circus" has been deleted as unnecessary. B. Section has been expanded on Disposition of Animals for clarification purposes. c. Violation amount has been changed to maximum of $200.00 to conform with state statutes. D. Three additional categories have been added to the animal license Section on fees: 1. Exempt "Assistance Dogs" from license fee. 2. Added late fee of $20.00. 3. Added duplicate replacement tag fee of $1.00. E. Dangerous Dog Section has been changed to allow owner to be exempt from board fees if Municipal Court determines the dog in question is not dangerous or non-registerable. F. Removed clause allowing for non-registerable dangerous dog to be held at veterinary clinic during appeal process. G. Added insurance requirement for owners of permitted restricted animals. H. Increase Kennel Permit from $50.00 to $100.00 It should be noted that when this ordinance is approved a copy of same will be forwarded to the City of Watauga so that they may consider these changes in license fees for their citizens in accordance with the Interlocal Agreement. Recommendation: It is recommended that the City Council approve Ordinance 1774. Finance Review Acct. Number Sufficient Funds Available iUV ¡ert~ . Finance Director Department Head Signat CITY COUNCIL ACTION ITEM City Manager Page 1 of ,I Ie I I I ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE -- ARTICLE I ARTICLE ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE I ARTICLE Ie I I 1 ANIMAL CONTROL ORDINANCE #1774 INDEX I.PREAMBLE--------------------------page 2 2. DEFINITIONS----------------------page 2 3.ANIMAL IMPOUNDMENT----------------page 7 4.KENNELS---------------------------page 11 5.ESTRAY----------------------------page 13 6.LICENSING-------------------------page 17 7.ANIMAL BITES----------------------page 21 8.GENERAL---------------------------page 23 9.ANIMAL CARE-----------------------page 24 1D.BOARD/RIDING STABLES-------------page 26 lI.DANGEROUS DOG--------------------page 29 12.WILD/EXOTIC/DANGEROUS ANlMALS----page 39 13.PENALTIES/SEVERANCE/REPEALER-----page 42 11 Ie I I I I I I I t' I I I I I I Ie I I 2 ORDINANCE NO. 1774 Be it ordained by the City Council of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The animal control regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the ci ty of North Richland Hills. The Ordinance contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect values within the City of North Richland Hills, to enhance the quality of life of persons, pets, and other animals and to protect the general public from damage and injury which may be caused by unregulated animals. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: (A) ANIMAL CONTROL OFFICER: Person designated by the City of North Richland Hills as the primary enforcement officers of ordinances regulating animals and owners of animals and for the enforcement of Sections of the Texas statues pertaining to the care and control of animals. (B) ANIMAL CARE AND CONTROL CENTER: Facility designated and/or operated by the City of North Richland Hills for the purpose of impounding and caring for animals held under authority of this Ordinance. (C) BOARDING/RIDING STABLE: Any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee. ( D) DANGEROUS ANIMAL: Any warm blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the Texas Department of Health. A dangerous animal includes any hybrid animal or any pet wildlife which has ,I Ie I I I I I I I t' I I I I I I Ie I I 3 attacked a human or which is apprehended or observed unrestrained. (E) DOMESTIC ANIMAL: Any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies wi th an approved rabies vaccine, and any animal which has an established rabies quarantine observation period. (F) ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle. (G ) EXOTIC SPECIES: Any animal born or whose natural habi tat is outside the continental United states excluding non-venomous reptiles and fish. (H) HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten (10) days or longer. (I) NON-REGISTERABLE DANGEROUS DOG: Any dog which: (1) When unprovoked, severly attacked or inflicted serious injury or death to a person, whether on public or private property; or, (2) Has been deemed non-registerable by the Animal Control Division and upheld or unchallenged in the court of jurisdiction. (J) OWNER: Any person who has right of property in an animal. (K) PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds, non-poisonous reptiles, and other species of animal which is sold or retained as a household pet but shall not include skunks, ferrets, non-human primates, and any other species of wild, exotic, or carnivorous animal that is susceptible, but not an animal that may be vaccinated for rabies, and that may be further restricted in this ordinance. (L) POULTRY: All domesticated foul and all games birds which are legally kept in captivity. (M) PROPER ENCLOSURE: Means a house or a bui lding, or in the case of a fence or structure/pen, the fence or ,I Ie I I I I I I I t' I I I I I I Ie I I (0) (P) 4 structure/pen must be at least six (6) feet in height. the structure/pen must also have minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The Animal Control Division may require a fence higher than six (6) feet or require a secure top and/or a secure bottom to the structure/pen if the need is demonstrated. (N) QUARANTINE BY OWNER: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for 10 days. (2) If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which is cannot break loose or inside a covered pen or kennel from which it cannot escape. (3) Animal must be kept away from other animals and people excepting those in the immediate household. (4 ) Animal may Limi ts of quarantine. not be North removed Richland from Corporate Hills while City under (5) Owner shall notify Animal Control Division immediately if animal becomes sick or displays any behavioral changes. (6) Owner shall not subject the animal to any medical procedure, without first notifying the Animal Control Division, this to include any vaccination. RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the Texas Department of Health and administered by a veterinarian licensed by the state of Texas. REGISTERED DANGEROUS DOG: Any dog registered with the City of North Richland Hills in compliance with ,I Ie I I I I I I I -- I I I I I I Ie I I 5 Chapter 822, Texas Health and Safety Code, Subchapter D, and with the section of this ordinance addressing registered dangerous dogs. (Q) RUNNING AT LARGE: (1) Off premises: (a) Any animal which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off premises. (b) Any cat which is off the owner's property. (2) On Premises: (a) Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. (b) An animal intruding upon the property of another person other than the owner's shall be termed "at large." (c) Any animal within a vehicle in a manner that would prevent that animal's escape or contact with other persons or animals shall not be deemed "at large." (R) SERIOUS INJURY: Is defined as bodiy injury resulting from severe attack or severe bite from an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal. (S) SEVERE ATTACK: Is defined as one in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack. (T) SEVERE BITE: Is defined as a puncture or laceration made by an animal's teeth which breaks the skin, resulting in a degree of trauma which would cause most prudent and reasonable people to seek medical care for treatment to the wound, without considerations of rabies prevention alone. ,I ie I I I I I I I -- I I I ,I I I Ie I I 6 (U) STRAY ANIMAL: (Including Estray) Any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the City of North Richland Hills. (V) THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals. II Such exhibitions shall not include resident or non-resident dog an cat shows which are sponsored and/or sanctioned by Animal Control Division, the American Kennel Club, the United states Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, the International Cat Fanciers Association or any affiliate thereof nor shall it include any primary horse show. (w) UNPROVOKED: with respect to an attack by an animal shall mean that the animal was not hit, kicked, or struck by a person with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person. (X) VETERINARIAN: Any practitioner of veterinary medicine licensed by the state of Texas to practice such in Texas. (Y) WILDLIFE: Any animal which occurs naturally in a wild state. This includes any animal which is part wildlife. ,I Ie I I I I I I I -- I I I I I I I Ie I SECTION 1. SECTION 2. 7 ARTICLE 3. ANIMAL IMPOUNDMENT IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or law of the State of Texas shall be taken into custody by an animal control off icer or other designated off icial and impounded under the provisions of this ordinance. DISPOSITION OF IMPOUNDED ANIMALS: (A) DOGS AND CATS WITH NO IDENTIFICATION: All dogs and cats impounded by the Animal Control Di vision or brought to the Animal Care and Control Center by a person other than the harborer or owner of that animal shall be held for a minimum of ninety-six (96) hours during which time period the owner may present proof of ownership at the Center and after paying all applicable fees, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after ninety-six (96) hours in the Center, that dog/cat shall become the property of the City of North Richland Hills. (B) DOGS AND CATS WITH IDENTIFICATION: All dogs and cats impounded by the Animal Control Di vision or brought to the Animal Care and Control Center by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner is known shall be held in the Center for a minimum of seven (7) complete days from the time the animal enters the facility, during which time the Animal Control Division shall noti fy the owner, when known, of the impoundment. Unless the owner has notified the Animal Control Division in wri ting of his/her intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangment has been approved by the Animal Control Supervisor, the animal shall become the property of the City of North Richland Hills on the eighth (8th) day. ( C ) ANIMALS SURRENDERED BY THE OWNER/HARBORER: All animals surrendered by the owner/harborer to the Animal Control Division shall become the property of the ci ty of North Richland Hills immediately upon completion of the .1 Ie I I I I I I I -- I I I I I I Ie I I SECTION 3. SECTION 4. 8 Owner/Harborer Surrender form. ( D) ANIMALS OTHER THAN DOGS, CATS OR ESTRAYS IMPOUNDED: All animals other than dogs, cats, estrays or animals holding current restricted animal permi ts in North Richland Hills impounded by the Animal Control Division or brought to the Center by a person other than the owner/harborer shall become the property of the City of North Richland Hills unless such ownership is prohibited by state or federal law. (E) DISPOSITION OF ANIMALS: Final disposition of all unclaimed animals shall rest wi th the Animal Control Division. The Animal Control Division shall retain sole authority to determine the final disposition of each animal in its custody, once that animal becomes the property of the City of North Richland Hills, and shall not place any animal for adoption that is classified in this Ordinance as prohibited. Animals shall be euthanized by an injection of sodium pentabarbitol or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered by a certified animal control officer. All animals listed as endangered or protected shall be transferred to the porper authority at the earliest possible date. ANIMALS HELD ON COMPLAINT: If a complaint has been filed in Municipal Court for the City of North Richland Hills against the owner of an impounded animal for a violation of this ordinance the animal shall not be released except on the order of the Animal Control Division which may also direct the owner to pay any penalties for violation of this ordinance in addi tion to all impoundment fees. Surrender of an animal by the owner thereof to the Animal Control Division does not relieve or render the owner immune from the decision of the court, nor from the fees and fines which may result from a violation of this ordinance. REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. ,I Ie I I I I I I I -- I I I I I I Ie I I SECTION 5. SECTION 6. SECTION 7. 9 ANIMALS AT LARGE: It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any officer or citizen of the City of North Richland Hills is hereby authorized to take up and deliver to the Animal Care and Control Center any animal mentioned in this Ordinance that may be found "at large" in the corporate limits of the City, subject to the applicable provisions of the law. Failure to notify and/or turn over to the Animal Control Division any such animal wi thin forty-eight hours may subject the person taking up the animal to civil and/or criminal action. The animal control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner the animal control officer, his/her agent, or peace officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a ci tation, or both, subject to the applicable provisions of the law. CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure and said area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animals. Owners who do not comply shall be ordered to remove the animal in heat to a veterinary hospital, or the Animal Care and Control Center. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply with the removal order of the Animal Control Division shall be a violation of this ordinance and the dog or cat will then be impounded as prescribed in this ordinance. FEES: The following fees are established beginning with the effective date of this ordinance. (A) Impoundment of Altered Animal First Impoundment $10.00 Second Impoundment $50.00 Third Impoundment $100.00 (B) Impoundment of Un-Altered Animal First Impoundment $25.00 I I I I I I I I I I I I I 'I I I I I I SECTION 8. 10 Second Impoundment Third Impoundment $50.00 $100.00 $6.00 $10.00 (C) Boarding Fee/Night (D) Quarantine Fee/Night (E) Licensed Animals (first time handled) will be eligible for 50% reduction in fees. When an un-al tered animal has been impounded, a fifteen dollar ($15.00) rebate will be given to the owner if proof that the animal has been altered is presented within thirty (30) days of the initial impoundment. ADOPTION OF ANIMAL: (A) All animals which are adopted from the Animal Care and Control Center shall be surgically altered to prevent reproduction in that animal. The person adopting the animal shall sign an agreement stating that he/she will have said animal surgically al tered and the date by which the surgery must be preformed, if the animal has not been altered before it leaves the Animal Care and Control Center. (B) It shall be the responsibility of the person adopting to provide proof of altering to the Animal Control Division. (C) Failure to comply with this section or failure to comply wi th the terms of ei ther of the above agreements shall give the Animal Control Division the right to recover the adopted animal in question and revoke the owner's adoption contract. Such failure shall also constitute a violation of this ordinance. (D) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. (E) A person adopting a dog or cat three months old or older shall have that animal vaccinated for rabies with an approved killed tissue vaccine by a veterinarian licensed within the state of Texas within forty-eight (48) hours of adoption. ,I Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 11 ARTICLE 4. KENNELS KENNEL DEFINED: A kennel is defined as an establishment designed or used for the boarding, selling or breeding of animals where more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs are to be boarded, sold or bred. A kennel shall not be allowed until a kennel permit has been issued by the Animal Control Di vision. The Animal Control Division shall determine, after inspection, whether or not such permi t shall be issued. No permit shall be issued for a kennel to operate wi thin one thousand (1000) feet of any residence. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. PERMITS: Permits shall be valid for one (1) year from date of issuance. The permit fee shall be one hundred dollars ($100.00). REVOCATION OR SUSPENSION OF PERMIT: Any kennel permitted under this ordinance found to be in violation of any zoning law, heal th law, or any other applicable law of the City of North Richland Hills or of the state of Texas, or that is maintained in such a manner as to be detrimental to the heal th, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permi t suspended or revoked wi thout prior notice by the Animal Control Division. MULTIPLE PET OWNERSHIP: No person shall keep or harbor more than three (3) dogs and two (2) cats or three ( 3 ) cats and two ( 2 ) dogs. Puppies and kittens under three (3) months of age shall not be counted for purposes of this section. Any person, firm, or corporation wishing to keep more than the above mentioned number of animals and who does not possess a kennel permit, may apply for a multiple pet permit at the Animal Care and Control Center. The permit, once issued, shall be defense to the terms of this Section. The Multi- Pet permit shall be issued provided the applicant meets all provisions of this Section and of this Ordinance. The fee shall be $10.00 and shall be valid for one year from the date of issuance. Upon inspection of the premises by the Animal Control Division, the permit shall be issued if the following conditions are met: ,I Ie I I I I I I I -- I I I I I I Ie I I 12 (A) The facility must be adequate for the number and type of animals to be kept. (1) Facilities shall be of sufficient size as to allow animal to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. (2) Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. (3 ) The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public. (B) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; and (C) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals; and (D) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; and (E) The applicant or holder of the permit has not been issued ci tations for violation of this ordinance on two (2) separate occasions, or animals covered by or to be covered by the permi t have not been impounded on two ( 2 ) separate occasions. The Multi-Pet Permit may be revoked by the Animal Control Division if upon investigation, it is determined that the permit holder has failed to adhere to any of the above conditions listed in this Section. Once the permit has been revoked, the person whose permit has been revoked may not reapply for a period of one (1) year from day of revocation .1 Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. 13 ARTICLE 5. ESTRAY UNATTENDED ESTRAY: It shall be unlawful for any person, firm or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of North Richland Hills. The person, firm or corporation having ownership or right to immediate control of such estray(s) shall have the burden to keep such estray ( s ) off the public streets, alleys, and thoroughfares or the property of another in the City. Any person, firm, or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) or more than two hundred dollars ($200.00). IMPOUNDMENT: It shall be the duty of the Animal Control Division in absence of action by the County Sheriff's office, to take up any and all estray that may be found in and upon any street, alley, or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estray for safe keeping. Upon impounding an estray, the Animal Control Division shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the Animal Care and Control Center. Each entry shall include the following: (A) The name and address of the person who notified the Animal Control Division of the estray; and (B) The date, time and location of the estray when found; and (C) The location of the estray until disposition; and (D) A description of the animal including it I S breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray has been impounded, the Animal Control Di vision shall make a diligent search of the register of recorded brands in the County for the owner of the ,I Ie I I I I I I I -- I I I I I I Ie I I SECTION 4. 14 estray. If the search does not reveal the owner, the Animal Control Division shall advertise the impoundment of the estray in a newspaper of general circulation in the County at least twice during the next fifteen (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of City Hall. RECOVERY BY OWNER: The owner of an estray may recover possession of the animal at any time before the animal is sold under the terms of this Article if: (A) The owner has provided the Animal Control Division with an "Affidavit of Ownership" of the estray containing at least the following information: (1) The name and address of the owner; and (2) The date the owner discovered that the animal was an estray; and (3) The property from which the animal strayed; and (4) A description of the animal including its breed color, sex, size, all markings of any kind, and any other identifying characteristics. (B) The Animal Control Division has approved affidavit; and (C) The affidavit had been filed in the "Estray Book;" and (D) The owner has paid all estray handling fees to those entitled to receive them; and (E) The owner has executed an "Affidavit of Receipt" containing at least the following information: (1) The name and address of the person receiving the estray; and (2) Date of receipt of estray; and ( 3 ) Method of claim to estray ( owner, purchaser at sale); and ,I Ie I I I I I I I -- I I I I I I Ie I I SECTION 5. SECTION 6. 15 (4) If purchased at sale, the amount of gross purchase price; and (5) Amount of estray handling fees paid; and (6) The net proceeds of the sale. (F) The Animal Control Division has filed the "Affidavit of Receipt" in the "Estray Book." FEES: For each and every estray taken and impounded there shall be paid to the City of North Richland Hills by the owner thereof or his agents the sum of fifty dollars ($50.00) for the taking and impounding of the estray and the further sum of ten dollars ($10.00) per night, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the Animal Control Division. Such fee being charged for the caring and feeding of such animal(s). The owner shall also pay for any veterinarian or drug fees incurred for the animal(s) while in the custody of the Animal Control Division. SALE OF ESTRAY: If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this Article, ti tIe to the estray rests wi th the Ci ty and the Animal Control Division shall then cause the estray to be sold at a public auction. Title to the estray shall be deemed vested in the Animal Control Division for purposes of passing a good ti tIe, free and clear of all claims to the purchaser at the sale. The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: (A) Pay all handling fees to those entitled to receive them; (B) Execute a report of sale of impounded stock; (C) The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the Animal Control Di vision to the ci ty Treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein. ,I Ie I I I I I I I -- I I I I I I Ie I I SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11. 16 (D) If the bids are too low, the Animal Control Division shall have the right to refuse all bids and arrange for another pUblic auction or sealed bidding procedure. RECOVERY BY OWNER OF SALE PROCEEDS: Within twelve (12) months after the sale of an estray under the provisions of this Article the original owner of the estray may recover the net proceeds of the sale that were delivered to the City Treasurer if: (A) The owner has provided the Animal Control Division with an affidavit of ownership; and (B) The Animal Control Division has approved the affidavit; and (C) The approved affidavit has been filed in the Estray Book. After the expiration of twelve (12) months from the sale of an estray as provided by this Article, the sale proceeds shall escheat to the City. USE OF ESTRAY: During the period of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose. DEATH OR ESCAPE OF ESTRAY: If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the Animal Control Division. The report shall be filed in the Estray Book. BREEDING OF ANIMALS: It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. ENCLOSURES: It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one-hundred (100) feet of another resident or occupied building, or any hog within five-hundred (500) feet of another residence or occupied building. .1 Ie I I I I I I I t' I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 17 ARTICLE 6. LICENSING VACCINATION: Every owner of a dog or cat three (3) months of age or older shall have such animal vaccinated against rabies. All such dogs or cats shall be re-vaccinated at one (1) year intervals thereafter. Any person establishing residence within the City of North Richland Hills shall comply with this ordinance within the (10) days of establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the City limits a rabies vaccine shall not be administered to the dog or cat until that animal is released from quarantine. CERTIFICATE OF VACCINATION: Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be filed with the owner. Such certificate shall contain the following information: (A) The name, address and telephone number of the owner of the vaccinated dog or cat; and (B) The date of vaccination; and (C) The type of rabies vaccine used; and (D) The year and number of the rabies tag; and (E) The breed, age, color, and sex of the vaccinated dog or cat. RABIES TAG: Concurrent wi th the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. LICENSE REQUIRED: All dogs and cats three (3) months of age or older which are kept, harbored, or maintained within the corporate limits of the City shall be licensed. Cat and dog licenses shall be provided by the Animal Control Division or their agent upon payment of the required fee for each cat or dog. Before a City License will be issued, the owner of the cat or dog must present a certificate ·1 Ie I I I I I I I -- I I I I I I Ie I I SECTION 5. SECTION 6. SECTION 7. 18 from a licensed veterinarian showing that said cat or dog has been vaccinated for rabies within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color, and sex of the cat or dog to be licensed. Said license shall be valid for one year from date of issuance. FEES: The following yearly license fees shall be in effect with the passage of this Ordinance: (A) Un-altered Animal: $10.00 $ 4.00 (B) Altered Animal: (C) Altered Animal whose legal owner is sixty-five (65) years of age or older Dogs which are professionally and specifically trained to assist disabled owner Duplicate Replacement Tag Late Animal License Fee No Fee $ 1.00 $20.00 (D) No Fee . (E) (F) TAG AND COLLAR: Upon payment of the license fee, where applicable, the Ci ty shall issue to the owner a license certificate and metal tag having stamped upon i t the year for which it is issued and the number corresponding with the number of the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the Animal Control Division or his agent upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one animal to another, and no refunds shall be made. GUARD DOGS: All dogs which are professionally trained and kept solely for the protection of persons and property, residential, commercial or personal, shall obtain a permi t from the Animal Control Division. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES." Said area of premises shall be subject to inspection by the Animal Control Division to determine that the animal in question is maintained .1 Ie I I I I I I I -- ·1 I I I I I Ie I I SECTION 8. 19 and secured at all times in such a manner so as to prevent its coming in contact with the public. The dog shall be issued a tag by the Animal Control Division, varying in color from the license tag and the fee shall be $10.00. The Guard Dog permit shall expire one year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times. Dogs permitted under this Section shall not be required to obtain a city license, but shall be required to comply with all provisions of this Ordinance. REVOCATION OF LICENSE: (A) The Environmental Services Director or his/her agent may revoke any cat or dog license after a hearing for anyone or more of the following reasons: (1) Impoundment of a cat or dog by the City more than two (2) times during a twelve (12) month period; or (2) More than two (2) final convictions of a person for violating this Article when such convictions relate to the cat or dog which is being considered for revocation of its license certificate; or (3) Any combination of (1) and (2) totaling three (3) incidents; or (4) Upon a determination that the animal is a Non-registerable Dangerous Dog, as defined in Article 11. (B) Upon revoking the license of any cat or dog, the Animal Control Division shall notify the owner of the cat or dog of said action in wri ting. Wri tten notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the cat or dog's owner is deposited in the U.S. Mail. ( C) Upon the expiration of ten ( 10 ) days after written notification of revocation is deposited in the u.S. Mail, as provided above, no cat or dog which has had its license revoked shall be kept, maintained, or harbored within the City limits and each twenty-four .1 Ie 1 I 1 I I I 1 -- I I I I I I Ie I I SECTION 9. SECTION 10. 20 (24) hour period shall constitute a separated violation. The Animal Control Division shall have the authority to conduct random or city wide verification programs in a manner calculated to determine compliance with the license and rabies vaccination requirements. LATE FEE: For the purpose of this ordinance, a late fee may be assessed under the following conditions: A. Failure to obtain a license for a dog or cat within thirty (30) days of that animal reaching three (3) months of age. B. Failure to renew license within thirty (30) days of expiration of current license. C. Failure to obtain license within thirty (30) days of the animal taking up residence in North Richland Hills. .1 Ie I I I I I I I Ie I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. 21 ARTICLE 7. ANIMAL BITES REPORTING BITES/SCRATCHES: Every physician or other medical practitioner who treats a person or persons for any animal bite/scratch or any person having knowledge of an animal bi te/scratch shall within twelve (12) hours report such treatment to the Animal Control Division giving the name, age, sex and precise location of the bi tten/scratched person or persons and such other information as the officer or agency may require. REPORTING SUSPECTED RABIES: Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the Environmental Services Department stating precisely where such animal may be found. If a known suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. QUARANTINE OF DOGS AND CATS: (A) Any owned dog or cat which has bi tten or scratched a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance wi th State Law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the Animal Care and Control Center, or at a veterinary hospital of the owner's choice. Such confinement shall be at the owner's expense. Stray dogs and cats, or those animals whose owner's cannot be located shall be confined in the Animal Care and Control Center for a period of four (4) days and if unclaimed shall be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog of cat for impoundment, as prescribed in this Article. Home quarantine as defined in Article 2, may be allowed only in those incidents where .1 Ie I I I I I I I -- I I I I I I Ie I I 22 permitted by state Law and agreed to by the Animal Control Division. Refusal to produce said dog or cat consti tutes a violation of this Section, and each day of such refusal shall consti tute a separate and indi vidual violation. (B) Any wild, exotic or dangerous animal as def ined in Article 2 , and considered "high risk" according to State Law, which has bitten or scratched a person shall be caught and humanely killed and the brain submi tted for rabies examination. Those wild animals which are classified as "low risk" animals shall be handled as dictated by state Laws. .1 Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 23 ARTICLE 8. GENERAL CREATING A HEALTH HAZARD: (A) Any person who shall harbor or keep on his/her premises, or in or about a premises under his/her control, an animal and who allows his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (B) Any person who shall allow his/her animal to eliminate on public property or the property of another and does not remove same shall be guilty of a misdemeanor. TAMPERING WITH TRAPS AND EQUIPMENT: No person shall remove, al ter , damage or otherwise tamper with a trap or equipment belonging to/set out by the Animal Control Division. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The Animal Control Division or authorized representative, is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. EXCESSIVE NOISE: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any animal which by loud or unusual vocalization shall cause the peace and quiet of the neighborhood or the occupant of adjacent premises to be disturbed shall be guilty of a misdemeanor, and a separate offense shall be deeded committed upon each day during or on which such violation occurs or continues. .1 Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. 24 ARTICLE 9. ANIMAL CARE PROVIDE CARE: No owner shall fail to provide an animal in his/her care wi th sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. CRUEL TREATMENT: No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. ABANDONMENT: No person shall abandon an animal in his custody. INDUCEMENT: No person shall give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. INJURED ANIMAL: Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. POISONOUS SUBSTANCE/TRAPS: No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This Section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person. THEATRICAL EXHIBITS: All Theatrical Exhibits as defined herein shall, in addition to other requirements of this Ordinance, comply wi th the minimum standards of this Section . Facilities shall be subject to inspection by an Animal Control Officer upon his/her request during reasonable JI ~ I I I I I I I ~ I I I I I I Ie I I 25 hours. (A) Animal quarters shall be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural position without touching the sides or top, or any other animal or waste. (B) Each enclosure shall be maintained in comfortable and healthy temperature level as well as adequate ventilation. (C) No enclosure, performance or exhibit area shall be located in such a manner as to allow the public to come in contact with the animal. (D) No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as to not cause injury to the animal. (E) No animal shall be caused to fight, wrestle or be physically matched against any other animal or person. (F) No animal shall perform or be displayed in any dangerous situation presenting the danger of physical injury to the animal or person. (G) The Animal Control Division must be notified of all displays or performances, including date, time, and exact location at least forty- eight (48) hours in advance of a display or performance. I Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. 26 ARTICLE 10. BOARD/RIDING STABLES STANDARDS: All boarding/riding stables as defined herein shall, in addition to other requirements of this ci ty, comply wi th the minimum standards of this Section as well as other State Laws that apply. (A) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (B) All equipment used for riding must properly fit each individual animal. (C) All buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine shall be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably dry. (D) Flies and other insects must be controlled through general sanitation and necessary means. (E) Animals let for riding/teaching purposes must be in good physical condition. (F) Boarding/riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addi tion to the above requirements also adhere to the following standards: (1) Animals exhibiting the following shall be deemed unfit for work: (a) Sores or abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (b) Serious injury or illness I Ie I I I I I I I -- I I I I I I Ie I I SECTION 2. 27 (c) Obvious signs malnutrition, exhaustion. of emaciation, lameness or (2) Animals requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, pasturing or obtaining medical care. (3) Animals shall be properly shod and the hooves shall be kept trimmed. (4) Animals shall be kept clean particularly in the areas in contact with harness or other tack. (5) Animals shall not be worked more than two (2) hours without being given a total of thirty (30) minutes rest. The maximum working period for anyone animal shall be ten (10) hours out of every twenty- four (24) hours. (6) Animals shall not be worked when the temperature at the workplace reaches or exceeds 95 degrees Fahrenheit. Animals which are on heat stress treatment which has been prescribed by a veterinarian may be worked while under such treatment as long as a veterinarian is on the premises of the workplace. (7) No animal shall be over-ridden or driven to result in overheating or exhaustion. ( 8 ) All tack, to include but not limi ted to: harnesses, bridles, saddles, and blankets shall be kept cleaned and in good repair. ( 9 ) No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal. QUARANTINE: The Animal Control Division may order a quarantine of the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons: I ~ I I I I I I I ~ I I I I I I Ie I I SECTION 3. 28 (A) Excessive parasitism, diagnosed by a veterinarian which would cause the animal to be unfit to be ridden or driven. (B) General malnutrition veterinarian. diagnosed as by (C) Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. INSPECTION: Facilities shall be subject to inspection by an Animal Control Officer upon his/her request during reasonable hours. I Ie I I I I I I I -- I I I I I I Ie I I SECTION 1. SECTION 2. 29 ARTICLE 11. DANGEROUS DOGS NON-REGISTERABLE DANGEROUS DOGS: No person shall own or harbor a non-registerable dangerous dog within the City of North Richland Hills. Such an animal may be impounded as a public nuisance. If impoundment of said non-registerable dangerous dog is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a non-registerable dangerous dog from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours notice, that if that animal is not surrendered to the Animal Control Division for impoundment within said twenty-four (24) hour period, then the animal will be destroyed wherever it is found. After this notice, the non-registerable dangerous dog may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this Article may be verbal or in writing. A written notice left at the entrance to the premises where the non-registerable dangerous dog is harbored will be considered valid notice under this Article. DETERMINATION OF NON-REGISTERABLE DANGEROUS DOG: A dog is determined to be a non-registerable dangerous dog if: (A) A dog is automatically determined to be non- registerable if it commits acts as defined in Article 2-I(1) of this Ordinance; or (B) The Animal Control Division may find and determine a dog to be non-registerable if: (1) Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Care and Control Center before a certified Animal Control Officer, setting forth an act described in Article 2-I(1) and set forth as follows: (a) Nature and the date of the act described in Article 2 (I)(l); and I Ie I I I I I I I r- I I I I I I Ie I I SECTION 3. 30 (b) The location of the event; and (c) The name and address of the owner of the animal in question; and (d) The description of the animal in question. (2) The Animal Control Division shall investigate the complaint and may determine that an animal is non- registerable under this Ordinance and/or state Law. (C) The dog has been registered as, or finally determined or declared to be a dangerous dog either in North Richland Hills or in another city or county in Texas and has made an unprovoked attack on another person outside the dog's enclosure and causes injury to such person or a person assisting or intervening on behalf of such person; or (D) The owner of a dog determined to be a registerable dangerous dog under this Ordinance, or any previous or other ordinance of this city or any other city or state law, can not or will not comply with the requirements set out in this article for the keeping of a registerable dangerous dog. NOTIFICATION OF DETERMINATION OF A NON-REGISTERABLE DANGEROUS DOG: (A) Within five (5) working days of determining an animal non-registerable, the Animal Control Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a non- registerable animal. In the event that certified mail, return receipt requested, cannot be delivered, the Animal Control Division may then give notice by ordinary mail to last known address of owner. For the purposes of this Section, notice may be deli vered by the Animal Control Division in person to the owner/harborer of the dog in question, provided that notice is written. (B) If the animal is determined to be non- registerable under this Ordinance, the owner may appeal to the Municipal Court within I Ie I I I I I I I -- I I I I I I Ie I I SECTION 4. SECTION 5. 31 thirty (30) days of notification. Failure to appeal the determination of non-registerable dangerous dog shall result in the Animal Control Division's determination as final. STATUS OF DOG PENDING APPEAL: Pending the outcome of the appeal to Municipal Court, the animal must be confined at the Animal Care and Control Center, the cost of which shall be borne by the owner. If the dog in question is not in the possession of the Animal Care and Control Center at the time of the declaration, the owner must surrender said dog to the Animal Control Division when ordered to do so by any animal control officer or police officer. If the owner fails to immediately surrender the dog the Animal Control Division shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Control Division, it may be taken into custody under a search warrant for contraband issued by the Municipal Judge or other Magistrate having jurisdiction. DEFENSE TO DETERMINATION OF NON-REGISTERABLE DANGEROUS DOG: It is a defense to the determination of a dog as a non-registerable dangerous dog and to the prosecution of the owner of that dog: (A) If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or (B) If the person was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been reported to have teased, tormented, abused or assaulted the animal; or (C) If the person was committing or attempting to commit a crime; or (D) If the dog was protecting or defending a person while in that person's control, from an unjustified attack or assault; or (E) If the dog was injured and responding to pain. I Ie I I I I I I I Ie I I I I I I Ie I I SECTION 6. SECTION 7. SECTION 8. 32 DISPOSITION OF NON-REGISTERABLE DANGEROUS DOG: (A) If the Municipal Court upholds the determination by the Animal Control Division, the court shall order the dog to be euthanized in a safe and humane manner at the Animal Care and Control Center. (B) In the event the Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the City for any veterniary medical treatment administered to said dog while in the custody of the Animal Control Division. REGISTERABLE DANGEROUS DOG: Shall refer to a dog determined dangerous under this Article and in compliance with State Law and that meets any of the following criteria: (A) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or (B) Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to that person; or (C) Any animal that has killed or seriously injured a domestic animal without provocation while off the owner's property. DETERMINATION OF REGISTERABLE DANGEROUS DOG: A dog is determined to be a registerable dangerous dog if it meets the requirement(s) set out in Section 7 of this Article; and (A) The owner of the dog in question knows of such an attack as defined in this Article; or (B) The owner is notified by the Animal Control Division that the dog in question is a registerable dangerous dog. The Animal Control Division may find and determine a dog I Ie I I I I I I I Ie I I I I I I Ie I I SECTION 9. 33 to be a registerable dangerous dog if: (1) Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Care and Control Center before a certified animal control officer, setting forth an act described in Section 7 of this Article and set forth as follows: (a) Nature and the date of the act described in Section 7; and (b) The location of the event; and (c) The name and address of the owner of the animal in question; and (d) The description of the animal in question. (2) The Animal Control Division has been notified by another agency that the dog has been determined to be dangerous under the State Law. NOTIFICATION OF DECLARATION OF A REGISTERED DANGEROUS DOG: (A) within five working days of determining a dog a registered dangerous dog, if written notification can not be given personally to the owner of the dog the Animal Control Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registerable dangerous dog. In the event that certified mail, return receipt requested, cannot be delivered, the Animal Control Division may then give notice by ordinary mail. (B) If the dog is determined to be registerable under this ordinance, the notice shall inform the owner of the dog he/she may appeal the determination to Municipal Court no later than thirty (30) days after the date the owner is notified of the determination. Failure to appeal the determination of registerable dangerous dog within the thirty (30) day I Ie I I I I I I I Ie I I I I I I Ie I I SECTION 10. SECTION 11. SECTION 12. 34 period shall resul t in the Animal Control Division's determination as final. (C) Failure of the owner to appear at the Determination Hearing shall result in the Animal Control Division's determination as final. STATUS OF DOG ON APPEAL: Pending the outcome of the appeal, the animal must be confined at a licensed veterinarian clinic or at the Animal Care and Control Center, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the Animal Care and Control Center or a veterinary clinic at the time of the determination, the owner must surrender the said dog to the Animal Control Division when ordered to do so by any animal control officer or police officer. If the owner fails to immediately surrender the dog, the Animal Control Division shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Control Division, it may be taken into custody under a search warrant for contraband issued by the Municipal Judge or other Magistrate having jurisdiction. DEFENSE TO DETERMINATION OF REGISTERABLE DANGEROUS DOG: Section 5, (A) through (E) of this Article shall serve as a defense to the determination of a dog as a registerable dangerous dog and to the prosecution of the owner of that dog. DISPOSITION OF REGISTERABLE DANGEROUS DOG: (A) If the Municipal Court upholds or has ever upheld under previous or other ordinances of this city or other cities or state law, the determination by the Animal Control Division,the owner shall, no later than ten (10) days after the Determination Hearing comply with the provisions of this Ordinance for the keeping of a registered dangerous dog in North Richland Hills and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and medical treatment of said dog are paid. (B) In the event the Municipal Court reverses that determination, the dog in question shall be I Ie I I I I I I I -- I I I I I I Ie I I SECTION 13. 35 returned to or released to its owner provided the owner has paid all veterinary medical cost administered to such dog while in the custody of the Animal Control Division. (C) If the Animal Control Division has information or belief, or has determined that a court of competent jurisdiction has ever made or upheld a determination or declaration that a dog is dangerous, or if the Animal Control Division has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this city or other cities or state law, the Animal Control Division shall notify the person owning or keeping such dog in writing that the owner shall no later than ten (10) days after the date of the notice comply with the provisions of this Ordinance for the keeping of a registered dangerous dog in North Richland Hills. REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A REGISTERED DANGEROUS DOG: Owner must register the dog at the Animal Care and Control Center, the annual fee for which is fifty dollars ($50.00). The registration shall not be transferable and shall expire one year from date of issuance. The Animal Care and Control Center shall provide to the owner of the registered dangerous dog a tag which must be placed on the dogs collar and worn at all times. (A) The owner must comply with the following to register the dog: (1) Present proof of liability insurance or financial responsibility in the amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog which causes bodily injury to a person; and (2) Present proof of current rabies vaccination of the registerable dangerous dog; and (3) Present proof al tered so as and that the dog has been to prevent reproduction; I Ie I I I I I I I -- I I I I I I Ie I I 36 (4) Present proof that the owner has attended the Responsible Pet Ownership class provided by the Animal Care and Control Center; and (5) The owner must provide a proper enclosure as defined in Article 2 of this Ordinance and that proper enclosure must be inspected and approved by the Animal Control Division; and (6) The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and (7) Owner shall caused to be placed around the dog's neck a collar indicating the dog is dangerous. This collar may be obtained at the Animal Care and Control Center and must be worn at all times; and (8) Further identification may be required and designated by the order of the Director of Environmental Services. (B ) When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not to exceed six (6) feet in length; and (C) Prior to selling or moving the registered dangerous dog ei ther inside or outside the City limits, the owner must notify the Animal Control Division of his/her intentions. In the event the dog is moved permanently outside the City limits the owner must comply with the State Law in notifying the animal control authority in control of the area into which I Ie I I I I I I I -- I I I I I I II... 'I I SECTION 14. SECTION 15: SECTION 16. 37 the dog has been moved. (D) Anyone bringing a dog into the City limits of North Richland Hills that has been declared dangerous by another animal control authority must notify the Animal Control Division of the new address where the dog will be kept and upon presentation of the dog's prior registration tag that has not expired, shall pay a fee of twenty-five dollars ($25.00), and the Animal Control Division shall issue a new tag to be placed on the dogs collar. This owner must also comply with all requirements set out in this ordinance. ATTACK BY REGISTERED DANGEROUS DOG: The owner of a dangerous dog shall notify the Animal Control Division of any attacks the dog makes on people or animals. APPEAL FROM MUNICIPAL COURT: Any appeal of the decision or order of the Municipal Court of North Richland Hills shall be made within twenty (20) days in the same manner as appeal from civil cases originating in the Justice of the Peace Courts of this State. The Municipal Court shall order the appellant to post a supersedeas bond payable to the City of North Richland Hills in an amount not less than ten thousand dollars ($10,000.00). The form of the bond shall be as prescribed in the laws pertaining to civil appeals originating in the Justice of the Peace Courts in this State. The appellant shall be responsible for the cost of appeal. DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED DANGEROUS DOG: It is a defense to prosecution of Sections 14 that the person is: (A) Veterinarian, peace officer, employee of the City of North Richland Hills in the performance of his/her duties; or (B) An employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or (C) A dog trainer or an employee of a guard dog company, while in the performance of his/her duties, under the Private Investigators and I Ie I I I I I I I -- I I I I I I I., I I SECTION 17. 38 Private Security Agencies Act (Article 4413(29bb), Vernon's civil Statutes). PENALTIES FOR VIOLATION OF THIS ARTICLE: (A) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person outside the dog's proper enclosure and causes bodily injury to the other person whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. (B) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog's proper enclosure whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. (C) It shall be a violation of this Ordinance if the person is the owner of a registered dangerous dog and that dog attacks a person who gains access to the proper enclosure due to negligence on the part of owner or the owner's agent. (D) In addition to criminal prosecution, a person who commits an offense under this Article is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The City Attorney of North Richland Hills may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city. J" · -.' I I I I I I I -- I I I I I I I SECTION 1. SECTION 2. SECTION 3. SECTION 4. 39 ARTICLE 12. WILD/ EXOTIC / DANGEROUS ANIMALS EXHIBITIONS OF WILD/DANGEROUS ANIMALS PROHIBITED: No person shall keep, or permit to be kept, on his premises any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed so as to apply to a theatrical exhibit or circus, as defined in section 2 of this Ordinance. PROHIBITED ANIMALS: No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox, coyote, bats, wolves or any hybrid of these animals or any other dangerous animal which may be added in the future to the list as a "high risk" animal in the Texas Rabies Control Act. RESTRICTED ANIMALS: No person may possess any individual species and/or subspecies of the following animals: lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, hyenas, bears, lesser pandas, ferrets, binturongs, ostriches, emu, miniature pig and/or apes without a permit issued through the Animal Control Division. PERMIT REQUIREMENTS FOR RESTRICTED ANIMAL OWNERSHIP: Any person who wishes to possess a restricted animal in the City limits must: A. Apply for said permit at the Animal Care and Control Center and provide the following information and documentation: (1) A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment. A new heal th certificate is required each time the permit is renewed. Copy will remain with the Animal Control Division. (2) Copies of applicable state or federal permits or licenses as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the Animal Control Division (3) Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian J.. Ie I I I I I I I tft I I I I I I -. I I C. D. 40 in case of emergencies. (4) Present proof of liability insurance or finanical responsibility in the amount of one-hundred thousand dollars ($100,000.00) to cover the damages resulting from an escape and/or attack by the animal to be permitted. B. Before a permit is issued the Animal Control Division shall inspect the facility where the animal is to be kept, which must meet the following criteria: (1) Each enclosure must provide adequate exercise area and sleeping quarters. (2) Proper temperature control and ventilation for the particular species must be provided in both areas. ( 3 ) Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure. (4) Each enclosure must be constructed so as to prevent the animal from escaping. (5) Each enclosure must kept in good repair to prevent both escape and injury to the animal. ( 6 ) Each enclosure must have a water container which is secured so as to prevent its being overturned. (7) Each enclosure must be cleaned daily. Owners keeping permitted restricted animals as pets inside their residence are not required to provide for the requirements of (1) through (7) above, except there must be separate sleeping quarters. The animal (s ) must remain in the owner I s home or in the prescribed enclosure, if outdoors. If transported to the veterinarian, animal must be kept in an escape-proof cage previously approved by the Animal Control Division. Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian. J, I -- I I I I I I I ,- I I I I I I I SECTION 5. SECTION 6. 41 E. Any animal which has bitten or scratched someone must be immediately surrendered to the Animal Control Division for euthanasia and testing by the Texas Department of Health. A live test approved by T.D.H. may be substituted for euthanasia. F. Fee for restricted animal permit shall be fifty dollars ($50.00) and the permit shall expire one year from date of issuance and shall not be transferable. VIOLATION OF PERMIT REQUIREMENTS: Failure to comply with the permit requirements shall constitute a violation of this Article and each day on non-compliance shall constitute a separate offense. EXEMPT: This Article does not apply to: A. Zoological Park accredited by the American Association of Zoological Parks and Aquariums. B. Federally-licensed research institutions. C. Any government agency or its employee who use the animals for an agency related to education, propagation, or behavior program. D. Anyone holding a valid rehabilitation permit from the Texas Parks and wildlife but only for animals which are in rehabilitation and scheduled to be release to the wild. J.. ~ -. I I I I I I I " I I I I I I I SECTION 1. SECTION 2. SECTION 3. ATTEST: 42 ARTICLE 13. PENALTIES/ SEVERANCE/ REPEALER PENALTY FOR VIOLATION: Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200. 00) . Each day of violation shall constitute a separate offense. SEVERANCE CLAUSE: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validi ty of the remaining portions of this ordinance. REPEALER: All ordinances and parts of ordinances in conflict here with are hereby repealed on the effective date of this ordinance, which will be ten (10) days from passage and publication as required by law. Passed and Approved this _ day of ,-. Tommy Brown, Mayor Jeanette Rewis, City Secretary Approved as to form and legality: Rex McEntire, Attorney I II CITY OF NORTH RICHLAND HILLS Department: Finance and Public Works Lone Star Gas Franchise Agreement - Subject: Ordinance No. 1776 Council Meeting Date: 12/16/91 Agenda Number: GN 91-165 I I I I I I The City of North Richland Hills' current franchise agreement with Lone Star Gas is due to expire in April 1992. Several months ago, representatives of Lone Star Gas requested an extension of the franchise agreement. Several meetings have been conducted by the staff and Lone Star officials. The attached proposed ordinance, which has been reviewed by both parties' legal counsel, is presented for your consideration. The basic terms and conditions of the proposed franchise are the same as the current one, with two primary exceptions. One change in the new ordinance is aimed at strengthening notification and preauthorization procedures for extension of mains and excavation of right-of-ways for emergency repair. Additionally, some ambiguities in the definition of the revenue period used in calculating franchise fees and payment dates to the City have been eliminated. There will be no change in the amount of payments to the City as a result of this revision. The term of the new agreement is twenty-five years. Recommendation: It is recommended that Ordinance No. 1776 be approved. I I I I Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other £:) r ~~ 6_ ~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient ~ Available b:7- Jee ~ J City Manager . Finance Director Page 1 of I I f I I I I I I . I I I I I I I f I ORDINANCE NO. 1776 AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; AND PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL PREVIOUS GAS FRANCHISE ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the City of North Richland Hills, Texas, hereinafter called IICityll, hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION, hereinafter called IICompany", its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public places, public thoroughfares, and grounds of City for the purpose of laying, maintaining, constructing, operating, and replacing therein and thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said City and to sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, and said consent being granted for a term of twenty-five (25) years from and after the date of the final passage and approval of this ordinance. SECTION 2: Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to approximate original condition all thoroughfares and other surfaces which it may disturb. Before the Company shall be authorized or required to extend, repair or relay its existing gas mains or street service lines, there shall be filed with the Director of Public Works a written statement of notification showing the nature and character of the extensions proposed to be made; provided however, Company may make emergency repairs and replacements without prior filing with the Director of Public Works but shall file a written statement promptly thereafter. Company at its own cost and expense, and at the City·s request, and for the City·s benefit, shall lower, relocate or relay existing gas mains or street service lines where necessary due to the lowering of street grades by the City, closing of street, or work in or under the City·s streets by the City; but Company shall have no such obligation therefore where the request by the City is made for the purpose of enabling any other person, firm, corporation or governmental authority to use the streets, alleys, highways and public places of the City, or to use the land theretofore used for streets, alleys or highway purposes. The location of all mains, pipes, laterals, and other appurtenant equipment within the public streets, public easements and public rights-of-ways shall be bilaterally approved by the Public Works Department and Lone Star Gas Company. 1 I I f I I I I I I . I I I I I I I f I When the Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and the relocation is the result of construction or improvement to the Federal-Aid System (or any successor thereto), and the Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government, the County Government, or the State of Texas, as permitted by law pursuant to any reimbursement program, and City requests reimbursement for costs and expenses incurred as a result of such construction or improvement, Company costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to City prior to such application. City shall make a reasonable effort to provide sufficient notice to the Company to allow the submittal of appropriate cost information to the City. SECTION 3: When Company shall make or cause to be made excavations or shall place obstructions in any street, alley, or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by Company; and in the event of injury to any person or damage to any property by reason of Company's construction, operation, or maintenance of gas distribution plant or system of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith. SECTION 4: In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules and regulations for service rendered in the conduct of its business including a charge of services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefore. Company shall have the right to contract with each customer with referenced to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the streets or alleys to and throughout the customer's premises. Company shall own, operate and maintain all service lines, which are defined as the supply lines extending from the Company's main to the customer's meter where as is measured by Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with the customer's house piping. SECTION 5: Company shall not be required to extend mains on any street more than one hundred feet (lOa') for anyone customer of gas; provided that no extension of mains is required if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. SECTION 6: Company shall be entitled to require from each and every customer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company's Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Tex. Rev. Civ. Stat. Ann. art. 1440a (Vernon SUppa 1991) as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the customer making the deposit. 2 I I f I I I I I I . I I I I I I I f I SECTION 7: The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. Provided, however, City shall not grant more favorable conditions, including franchise fee, to any other gas utility franchisee than are herein granted to Company. SECTION 8: Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 31st day of July, 1992, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 31st day of July, 2016, a sum of money which shall be equivalent to four percent (4%) of the gross receipts received by Company from the sale of gas to its customers within the corporate limits of said City, including but not limited to residential, commercial, industrial, governmental, and municipal users, during the preceding twelve month period of June 1 to May 31, which annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, and public ways of said City. The initial payment shall be for gas sold during the period June 1, 1991 through May 31, 1992, and shall be for the rights and privileges herein provided shall be for the period June 1, 1991 through May 31, 1992, and each succeeding payment shall be for the period June 1 through May 31 of the respective year in which the payment is made. And it is also expressly agreed that the aforesaid annual payment shall be in lieu of any and all other and additional occupation taxes, easement, and franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), in lieu of municipal license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is authorized to levy and impose upon real and personal property as well as drainage utility fees and standard charges for connection to water and sewer systems where applicable. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much money paid as may be necessary to satisfy Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas to its customers within the corporate limits of City, Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 8, it will file with the City Secretary a sworn report showing the gross receipts received from the sale of gas to its customers within said corporate limits for the preceding twelve months (June 1 to May 31) City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. 3 I I f I I I I I I . I I I I I I I f I SECTION 9: Company shall hold the City harmless from all expense or liability for any act of negligence of the Company hereunder or for any act of trespass, nuisance, or taking or damaging of property by the Company. SECTION 10: The City reserves to itself the right and power at all times to exercise, in the interest of the public, the authority vested to a municipal regulatory authority pursuant to the Gas utility Regulatory Act, Tex. Rev. Civ. stat. Ann. art 1446e. SECTION 11: When this franchise ordinance shall have become effective, all previous ordinances of said City granting franchises for gas distribution purposes which were held by Company shall be automatically canceled and annulled, and shall be of no further force and effect. SECTION 12: Company shall file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. PASSED AND APPROVED at the regular meeting of the City Council on this the day of , A.D. 19 City of North Richland Hills, Texas Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City 4 I I I I I I I . I I I I I I I f I STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS I, , City 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 any ordinance passed and approved by the City Council on the day of , 1991 as it appears of record in the Minutes in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the , A.D., 19 day of City Secretary City of North Richland Hills 5 I I I I I I I . I I I I I I I f I EXTRACT FROM THE MINUTES OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS The City Council of the City of North Richland Hills, Tarrant County, Texas, convened in session on the day of , 19 at M., with the following persons present: Mayor: Council Members: Absent: A quorum being present, came on to be read and considered Ordinance No. granting to Lone Star Gas Company, a Division of ENSERCH CORPORATION, a Texas corporation, a franchise to furnish and supply natural gas to the general public in the City of North Richland Hills, Texas, for the transporting, delivery, sale and distribution of gas in, out of, and through said municipality for all purposes. On motion made by and seconded by which carried unanimously, the City Council voted the passage of the Ordinance and to record same at length in these minutes. 6 I- I I I I I I . I I I I I I I f I STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS I, , City Secretary of the City of North Richland Hills, Texas, do hereby certify that the above and foregoing is a true and correct copy of the proceedings of the City Council of the City of North Richland Hills, Texas, at a session, held on the day of , 19 , in connection with the passage and adoption of Ordinance No. granting a franchise to Lone star Gas Company and that the same is of record in Book page , of the Minutes of the City Council. WITNESS MY HAND AND SEAL OF SAID CITY, this the , A.D. 19 day of City Secretary City of North Richland Hills, Texas 7 Ir-' I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: GN 91-166 Agenda Number: 12-16-91 Subject: Police Mobile Data Terminal Interlocal Agreement - Resolution No. #91-46 The Southlake Police Department has approached our Police Department and requested that they be allowed to join our Mobile Data Terminal (MDT) System as contractual users. The North Richland Hills Police Department was granted the licensing for the frequencies utilized in our MDT System by agreeing that the use of those frequencies would be shared among sister agencies in our immediate area. The proposed system initially included an agreement to support up to seven cities with North Richland Hills being the sole owner and operator of the base site equipment. Southlake's request is the fourth of the participants that we anticipate joining the system. This Agreement has been reviewed and passed by the City Attorney. Southlake will purchase their Mobile Data Terminals directly from Motorola/M.D.I. rather than utilizing North Richland Hills Purchasing department. Recommendation: It is recommended that the attached Interlocal Agreement be approved by the City Council and that the City Manager be given the authority to sign the attached Agreement -Resolution No. 91-35. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Oth Acct. Number Sufficient Funds Available . 'Î D rt t H d S· t ;êl!ll'YZ::Ma~nage-r~! epa men ea Igna ure ~ CITY COUNCIL ACTION ITEM t Finance Director Page 1 of I· Ie I I I I I I I Ie I I I I I I Ie I I STATE OF TEXAS ) ) COUNTY OF TARRANT ) AGREEMENT This Agreement, made and entered into by and between the City of Southlake, a municipal corporation, located in Tarrant County, Texas, hereinafter called "South lake," and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, herei nafter call ed "North Ri ch 1 and Hi 11 s, " evidences the following: WHEREAS, North Richland Hills, and Southlake desire to enter into an Agreement at the request of Southlake for the lease of a portion of North Richland Hills Mobile Data Terminal System hereinafter called the "System;" and WHEREAS, The Interlocal Cooperation Act, Article 4413 (32c) Vernon's Annotated Civil Statutes, provides authorization for any local government to contract with one or more 1 oca 1 governments to perform governmental funct ions and servi ces under the term of the Act; and WHEREAS, North Richland Hills has data communications system resources available to perform the functions described herein; and WHEREAS, Southlake has current revenues available and allocated for this agreement; and WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows; The responsibility of each government entity is outlined below: I . Southlake Southlake hereby agrees: 1. To pay the City of North Richland Hills the yearly sum of $600.00 per act i ve mobile data termi na 1 for System site management and maintenance; and an additional $513.00 per active mobile data terminal for prorated unit fees in exchange for the privilege of ut i 1 i zing a port i on of the System. Further, South 1 ake shall pay the City of North Richland Hills a yearly sum of $312.00 per active mobile data terminal to acquire "Premium Maintenance" and shall escrow within their City's fund accounts an additional $450.00 per mobile data termi na 1 for purchases of mobi 1 e data terminals as required by the "Premium Maintenance" agreement with Motorola Mobile Data Division. Such escrowed money shall be payable to the City of North Richland Hills when ten (10) mobile data terminals are added to the system by any agency or collection of agencies for aforementioned purchase. Active mobile data termi na 1 s are termi na 1 s that have been confi gured into the switch for access to the System. I· Ie I I I I I I I Ie I I I I I I Ie I I 2. To purchase mobile data terminals and radio equipment compatible with the System. The North Richland Hills Police Department shall confirm System compatibility prior to the purchase of any equipment. 3. To ensure System efficiency by providing timely repairs to any of its own equipment. Southlake understands that any unit which is found to be operating incorrectly, and which adversely affects operation of the System, is subject to removal. Prior to unit removal, Southlake will be notified of the problem by the North Richland Hills Police Data Processing Director. 4. That the purchase of individual mobile data terminal software upgrades or enhancements will be Southlake's responsibility. This includes any "new software II not in equipment at time of purchase and not provided by maintenance agreements with the vendor. NORTH RICHLAND HILLS North Richland Hills hereby agrees: 1. To provide a workable System to which Southlake will have access. 2. To provide System evaluations, proposals, and recommendations covering system operations and enhancements for Southlake's consideration. This will include both site and user equipment. 3. To make the Data Processing Division of the North Richland Hills Police Department available to the agency upon reasonable notice for assistance in its endeavor to improve and enhance its data communication ability. This shall include, but is not limited to, assistance in evaluating existing operations, assistance in procurement of necessary equipment, training on the System and mobile data terminal unit's operation and initial programming setup of mobile data units. 4. To provide monthly traffic analysis and system operational review. 5. To provide a detailed report on new System enhancement availability, and any proposed major System upgrades. 6. That a "Users Group" comprised of one representative from each user entity and the Data Processing Director from the North Richland Hills Police Department will be established to hold meetings for the System, and to make recommendations and requests concerning the System. These meetings will be held semiannually or more frequently as determined by the members of the "Users Group II . I I . North Ri ch1 and Hi 11 s authori zes South1 ake to use the frequenci es of 868.87500 MHz and 823.87500 MHz for transmission and reception of data on the System. These channels are licensed by the Federal Communications Commission to the City of North Richland Hills for a multi-agency mobile data terminal operation. It is acknowl edged by Southl ake that thi s agreement enabl es it to take advantage of a modern, reliable communications system. North Richland Hills shall assign I· Ie I I I I I I I Ie I I I I I I Ie I I the highest priority to maintaining the System operation and reducing down time to the lowest possible level. III. It is understood by both part i es that the intent of thi s agreement is for air-time usage of the System by Southlake, and in no way should it be construed that anyone other than North Ri ch 1 and Hi 11 s has control or has any claim of being part owner of the System. IV. North Richland Hills make no representations and warranties regarding the normal operation of the System other than outlined below: In the event of a fixed-site System failure for a consecutive period of seven (7) or more calendar days, North Rich1and Hills will reduce the annual sum due by the following amount. Fixed-site System Management will be reduced at a rate of one dollar and sixty-five cents ($1.6S) per day per Mobile Data Terminal for Fixed-site System failures exceeding the above referenced time period. Such fee reduct i ons shall on 1 y be -granted in circumstances where the cause of "any fa i 1 ure" i s due to the fau 1 t of the vendor, the vendor I s base site software or hardware, acts of God, or some other cause directly attributable to North Richland Hills. Any reduct ions in payments shall be retroact i ve to the fi rst day of failure after the seventh consecutive day. This reduction should not be construed to include any cause of MDT or Fixed-site System failure caused by Southlake. V. Each City does hereby waive all claims against and agrees to release every other City, its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers and emp 1 oyees. It is the express intent i on of the part i es hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VI. The initial term of this Agreement shall be five (S) years, and then shall be perpetual, automatically being renewed every year unless either party decides to terminate, or both parties mutually agree to change or modify the conditions of this Agreement. Any change in the approved yearly fee, including increase of anticipated expenses, cost of equipment, software development, or system I· Ie I I I I I I I Ie I I I I I I Ie I I , . enhancements shall be fully documented. Southlake will be advised by February 1 of each year of proposed fee increases in order to provi de for adequate considerations in their budget development process. Southlake's portion of any System enhancement cost will be prorated based on the number of mobile data termi na 1 sin operat i on at the time of the fee increase . Fee increases wi 11 not take effect unt i 1 October 1st of any year whi ch gi ves the parties eight months from the February 1 notice requirements in order to plan for the increase. Additional units may be added at any time and a prorated charge will be figured for each additional unit. If either party decides to terminate this Agreement, after the initial term, written notice must be received by the other party not later than 90 days before the renewal date. The fee herein set out shall be payable on or before October 31st of each year, except for the first year, which shall be prorated and payable within 30 days of Southlake's accessing the System. CITY OF NORTH RICHLAND HILLS CITY OF SOUTHLAKE City Manager Mayor ATTEST: ATTEST: Chief of Police City Secretary Chief of Police This agreement was executed on the _____ day of , 1991 CITY OF NORTH RICHLAND HILLS Department: Public Works/utilities _Council Meeting Date:12/16/91 Glenview Drive Sanitary Sewer ProJect - Easement Acquisition - Parcel No. 1 AgendaNumber:~u 91-47 On April 8, 1991, City Council approved the subject project. This action is required to purchase one of the seven easements needed from properties fronting Glenview Drive; six are residential properties and one is I commercial. The staff has acquired a temporary construction easement and a permanent sanitary sewer easement from the residential property of Vernon and Helen Ekrut for the subject project. Compensation for the easement is $1,000.00. All property owners, except for Beulah Conn (Parcel 4 - double lot), are being offered $1,000.00 for the permanent easement no matter how wide the property's frontage. Recommendation: The staff recommends Council approve payment for the permanent sanitary sewer easement along Glenview Drive to Vernon and Helen Ekrut in the amount of $1,000.00. Source of Funds: Bonds (GO/Rev.) e Operating Budget Oth ---X- Finance Review Acct. Number 02-91-04-6000 SUfficient!un~~a1~le -fJ¡¡ ~¿If¡¡¡:;¿;~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I -- I I I I I I Ie I I CITY OF NORTH RICHLAND HILLS, TEXAS SANITARY SEWER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That we, Vernon Ekrut and wife, Helen Ekrut, as Sellers, for and in consideration of the agreed purchase price of One Thousand and NO/lOa Dollars ($1,000.00), and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public sanitary sewer facilities including underground conduits, said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) In addition to the above described perpetual easement, Seller also hereby grants to City a temporary right of access to, and use of, lands of Seller immediately adjacent to the perpetual easement as necessary for construction of proposed facilities by normal operations. 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: 1. Seller's property, which is zoned R-2, has a 25-foot front set-back line. The herein described 10-foot sanitary sewer easement is outside of the 25-foot set- back line. 2. Seller has a 24-inch pecan tree within the area of the herein described easement. Should said tree die within two years of construction due to root damage sustained during installation of the sanitary sewer main, the City of North Richland Hills will compensate Seller in the amount of $1,700.00. To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed this the 1t" QA. U/M. ~ , A.D., -t~~~~ Vernon Ekrut ~~~. ~~ Helen Ekrut SELLERS 19 day of .... ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 STATE OF TEXAS COUNTY OF TARRANT This instrument w?s acknowledg~d before.me by Vernon Ekrut and wife, Helen Ekrut on this the 4 r-h day of fJ....R ~ V.J...\-. , A. D. 1991. l1~~~. ~~¥) MARK D. BRADLIY MY COMMISSIOH EXPtAEa AprIl 22, 1_ Nota:~! s~e ~~ ---*"'. .- Commission Expires: L./ - 7-2- ~q5 Notary's Printed Name: M ~ v-b i). 6 Yf'..cIl-l') I Ie I KEF NO. 3-430, PARCEL NO.1 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "At! I PERMANENT SANITARY SEWER EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across Lot 6 Block 1 of Richland Heights Addition an addition to the city of North Richland Hills as recorded in Volume 388-9 Page 105 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said Lot 6 being the property of Vernon Ekrut and wife Helen Ekrut (Ekrut tract) by deed recorded in Volume 6870, Page 1183 of the Deed Records of Tarrant County, Texas (D.R. T. C. T.), said strip being herein described as a 10 foot wide Perma- nent Sanitary Sewer Easement as shown on the attached Exhibit "c" and being more particularly described by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Ekrut tract and the existing east right-of-way line of Ashmore Drive said point of beginning being South, 159.32 feet from a 60 "D" nail found in place at the northwest corner of said Ekrut tract; I THENCE, South 89 degrees 57 minutes 43 seconds East, 91.14 feet to a point in the east property line of said Ekrut tract and the west property line of a tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) as recorded in Volume 2789 Page 520, of the D.R.T.C.T.; I THENCE, South 00 degrees 09 minutes 30 seconds West, along the east property line of the said Ekrut tract and the west property line of said Foster tract, 10.00 feet to a point; lit THENCE, North 89 degrees 57 minutes 43 seconds West 91.11 feet to a point in the west property line of the said Ekrut tract and the east right-of-way line of the afore- said Ashmore Drive; I THENCE, North, along the east right-of-way line of Ashmore Drive, and the west property line of said Ekrut tract, 10.00 feet to the POINT OF BEGINNING. I The Permanent Sanitary Sewer Easement herein described contains 0.0209 acres (911 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Dunn I I By: ~~;(ß~ Eddie L. Dunn I Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1991 Ie I I I- Ie I KEF NO. 3-430, PARCEL NO.1 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "B" I TEMPORARY CONSTRUCTION EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across Lot 6 Block 1 of Richland Heights Addition an addition to the city of North Richland Hills as recorded in Volume 388-9 Page 105 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said Lot 6 being the property of Vernon Ekrut and wife Helen Ekrut (Ekrut tract) by deed recorded in Volume 6870, Page 1183 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a 20 foot wide Tempo- rary Construction Easement as shown on the attached Exhibit "C" and being more partic- ularly described by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Ekrut tract and the existing east right-of-way line of Ashmore Drive said point of beginning being South, 159.32 feet from a 60 "D" nail found in place at the northwest corner of said Ekrut tract; I THENCE, North, with the west property line of said Ekrut tract and the existing east right- of-way line of Ashmore Drive, 20.0 feet; I THENCE, South 89 degrees 57 minutes 43 seconds East, 91.19 feet to a point in the east property line of said Ekrut tract and the west property line of a tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) as recorded in Volume 2789 Page 520, of the D.R.T.C.T.; -- THENCE, South 00 degrees 09 minutes 30 seconds West, along the east property line of the said Ekrut tract and the west property line of said Foster tract, 20.00 feet; THENCE, North 89 degrees 57 minutes 43 seconds West 91.14 feet to the POINT OF BEGINNING. I The Temporary Construction Easement herein described contains 0.0418 acres (1,823 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. I Company Name: Spooner and Dunn By: ¿¿¿ i /éJ~ Eddie L. Dunn ' I I Registered Professional Land Surveyor, Texas No. 4580 I Date of Survey July 1991 Ie I I l- ie I I I I I I I -- I I I I I I Ie I I SUBDIVISION : RICHLAND HEIGHTS ADDITION LOCATION: TARRANT COUNTY, TEXAS EASEMENT ACQUISI1l0N : 1EMPORARY: 0.0418 AC. PERMANENT: .0209 AC. 'NHOLE PROPERTY ACREAGE : 0.3786 AC. KEF NO.3-430, PARCEL NO. 1 GLENVlEW DRIVE REUEF SEWER EXHIBIT "C· CITY OF NORTH RICHLAND HILLS P.G.B. BOX 820609 NORTH RJCHLAND HILLS IX. 76118 DRAWING OF EXHIBITS "A" & "8" ..;..{.~ /r") , \J C(j S.89·S7' 43"E. 91.58 VERNON EKRUT & WIFE HELEN EKRUT VOL. 6870 PG. 1183 D.R. T.C. T. W. W. WALLACE A-16G6 --- s: o 0:: LOT 6, BLOCK 1 RICHLAND HEIGHTS ADDITION VOL 388-9 PG. 105, P.R. T.C. T. ~ ,:j ~ 0 a:: 00 w a.. 0 a::: a.. Ji '0 00 f"') m f"') 0 0'> 0 li') 0 u) . N o~ ~O) CX)lt) w ~ 0 3: a:: N OW It) z~ c> <:0 a.. ~ a::::u- . w«~C? ¡- 0 f'. r-: (/) W N a::: 0> . u.. W ..J a .~ 0 ü > U g: ....... 0:= Q BRICK HOUSE 7901 x o -j 8 ~ 0:= o ::a ::c rn -< ~~ 36" PEC~O ii 55 55 PLANTrn EXHIBIT "B" ~) I:r: OPROPOSED 20 FOOT WIDE TEMPORARY ¡Iu f- æ æ ! \ CONSTRUCTION EASEMENT :!ID ~ Þ< ~ \J. 0.0418 ACRES <1,823 SQ. FT.) il Z ~~ ~ S.89·57' 43"E. 91.19' II Cþp o Zo I' PROPOSED 10 FOOT W1DE PERMANENT ~ 8 . < 0 I SANITARY SEWER EASEMENT 24- PECAN 0 1 ::I: P-. N 0,0209 ACRES (911 SQ, FT,) 0 N · i ~ _~9·57'43"W.~.1L__~2 I \ ~ 1 0 \ .;:: RO,W, WEST 91.08' CURB INLET BC G LENVIEW DRIVE REVISED 9- 23-91 ~ SPOONER &. DUNN REGISTERED PROFESSIONAL LAND SURVEYORS t;j ~ ~ ~ <: u en o :E a. < 0:: C) JOB NO.: 7-91-138 DATE: 8-13-91 COGO FILE: 7 g, 138 ACAD FILE: 138-1 DRAWN BY: E.L.D. COMPU"ÆD BY: S.G.S. CHECKED BY: E.l.:). (81 ì) 282-õ981 "0 N ,- . ~ .C:- . ~ ~. /\.)~/~ o -1 ' , :'1 0 ' ¡ ==~- CITY OF NORTH RICHLAND HILLS _epartment: Subject: Public Works/utilities Glenview Drive Sanitary Sewer Project - Easement Acquisition - Parcel No. 3 Council Meeting Date:12/16/91 PU 91-48 Agenda Number: On April 8, 1991, City Council approved the subject project. This action is required to purchase one of the seven easements needed from properties fronting Glenview Drive; six are residential properties and one is commercial. The staff has acquired a temporary construction easement and a permanent sanitary sewer easement from the residential property of Guy and Sammie Morse for the subject project. Compensation for the easement is $1,000.00. All property owners, except for Beulah Conn (Parcel 4 - double lot), are being offered $1,000.00 for the permanent easement no matter how wide the property's frontage. Recommendation: The staff recommends Council approve payment for the permanent sanitary sewer easement along Glenview Drive to Guy and Sammie Morse in the amount of $1,000.00. Source of Funds: Bonds (GO/Rev.) _operating Budget Oth Finance Review Acct. Number 02-91-04-6000 Sufficient ~ ds Available ~ . Finance Director I CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I SANITARY SEWER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT . ~,.. . That we, Guy Morse and wife, Sammie R. Morse, as Sellers, for and in consideration of the agreed purchase price of One Thousand and nO/lOa Dollars ($1,000.00), and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public sanitary sewer facilities including underground conduits, said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) In addition to the above described perpetual easement, Seller also hereby grants to City a temporary right of access to, and use of, lands of Seller 1mmediately adjacent to the perpetual easement as necessary for construction of proposed facilities by normal operations. 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: To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. Executed ~ OmCL\L SEAL "'1' day of t\. It. tJ~IM~L ~OTARY PUBUC-STATEOFNEW~. .~ o 7- ~ - -« ;}-- ~ïi?tf0a e I l ~tt Guy Morse / - L'-'-~~~"'-~"-\'\/ ì,L._'. Sammie R. Morse 4.. '----- 11 'tr1/-è1t~'L , A.D., 1991. ~~ SELLERS ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 STATE OF TEXAS " . COUNTY OF TARRANT This inst~ent was ac~owledged p~pre me by Guy Morse and wife, Sammie Morse on this the ~1c'" day of M L~ ~ , A.D. 1991. l-vdJv,-k ~ ~~ Notary Public, State of Texas -.~-----_. I·:~;¡-~t\ MARK D. BRADLEY j :"".~.'. MYCOMMISSIONEXPtRE8 :, :..,.:~:~~~:l AptU 22, 1. Commissroïï- Expires·. J...{-22-Q, Notary's Printed Name: (v7 llv-r Ù~ ~ rð.& r~ I Ie I KEF NO. 3-430, PARCEL NO.3 CITY OF NORTH RICHLAND IDLLS GLENVIEW DR. RELIEF SEWER EXHIBIT If A" I PERMANENT SANIT AR Y SEWER EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of . land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract of land conveyed to Guy W. Morse and wife Sammie R. Morse (Morse tract) by deed as recorded in Volume 6688, Page 458 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a 10 foot wide Permanent Sanitary Sewer Easement as shown on the attached Exhibit "C" and being more particularly de- scribed by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Morse tract and the east property line of a tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) by deed as recorded in Volume 2789 Page 520, of the D.R.T.C.T., said point of beginning being South, 135.23 feet from an inside ELL corner of said Morse tract; I THENCE, South 89 degrees 57 minutes 43 seconds East, 117.3 feet to a point in the east property line of said Morse tract and the west property line of a tract of land conveyed to Thomas H. Conn <Conn tract) as recorded in Volume 7271 Page 1261, of the D.R.T.C.T.; I -- THENCE, South, along the east property line of the said Morse tract and the west proper- ty line of said Conn tract, 10.00 feet; THENCE, North 89 degrees 57 minutes 43 seconds West 117.3 feet to a point in the west property line of the said Morse tract and the east property line of the aforesaid Foster tract; THENCE, North, along the west property line of said Morse tract and the east property line of said Foster tract, 10.00 feet to the POINT OF BEGINNING. I The Permanent Sanitary Sewer Easement herein described contains 0.0269 acres (1,173 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. I Company Name: Spooner and Dunn I By:~~Æ~ Eddie L. Dunn I Registered Professional Land Surveyor, Texas No. 4580 I Date of Survey July 1991 Ie I I I Ie I KEF NO. 3-430, PARCEL NO.3 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "Bit I TEMPORARY CONSTRUCTION EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of "land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract of land conveyed to Guy W. Morse and wife Sammie R. Morse (Morse tract) by deed as recorded in Volume 6688, Page 458 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a 20 foot wide Temporary construction Easement as shown on the attached Exhibit "C" and being more particularly described by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Morse tract and the east property line of a tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) by deed as recorded in Volume 2789 Page 520, of the D.R.T.C.T., said point of beginning being South, 135.23 feet from an inside ELL corner of said Morse tract; I THENCE, North, with the west property line of said Morse tract and the east property line of said Foster tract, 20.0 feet; I -- THENCE, South 89 degrees 57 minutes 43 seconds East, 117.3 feet to a point in the east property line of said Morse tract and the west property line of a tract of land conveyed to Thomas H. Conn (Conn tract) as recorded in Volume 7271 Page 1261, of the D.R.T.C.T.; THENCE, South, along the east property line of the said Morse tract and the west proper- ty line of said Conn tract, 20.00 feet; THENCE, North 89 degrees 57 minutes 43 seconds West 117.3 feet to the POINT OF BEGINNING. I The Temporary Construction Easement herein described contains 0.0538 acres (2,346 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Dunn I I Date of Survey July 1991 I By: f;¿L" ;( ~ Eddie L. Dunn I Registered Professional Land Surveyor, Texas No. 4580 Ie I I I· Ie I I I I I I I -- I I I I I I Ie I I & SUR'ÆY: W. W. WALLACE, A-1606 LOCATION·. TARRANT COUNTY, TEXAS EASEMENT ACQUISlllON : TEMPORARY: 0.0538 AC. PERMANENT: 0.0269 AC. 'MiOlE PROPERTY ACREAGE : 0.544 AC. DRAWlNG OF EXHIBITS "A" & "8" KEF NO.3-430, PARCEL NO. 3 GLENVlEW DRIVE RELIEF SE\VER EXHIBIT ·c· CITY OF NORTH RICHLAND HILLS P.O. BOX 820609 NORTI-f RICHLAND HILLS TX. 76182 W. W. WALLACE SURVEY A-1606 GUY W. MORSE AND WIFE SAMMIE R. MORSE '¡OL. 6688 PG. 458, D.R. T. C. T. EXHIBIT "8" PROPOSED 20 FOOT W1DE TEMPORARY CONSTRUCTION EASEMENT 0.0538 ACRES (2,.346 SQ. FT.) œ: w t- (f) o lL. « (:) ~.-: wU -l.-: ~~ ;:0 a ON Ztl) « 0::0 wc.. t-(j) ~OJ u...~ u..J .0 ü> ;.,., N Lri ~ r") a:: w Q. o ~ a.. I CONC. DRIVE 5.89·57' 43"E. ~ cið "< \JJ E-4 æ ~ ~ ~ o ~ -- ~ BRICK HOUSE 7909 n Lt) m tl) ~ ~ CX)- :J >- t- O::: W Q. o ~ Q. , O· TREE o 15· TREE 117.3' OJ -- - - - -- - - - - - - -- - - - - - - - 10· TRQ> ~ SPOONER &: DUNN REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 7-91-138 DATE: 8-15-91 COGO FILE: 7 91 138 f. ACAD F1L£: 138-3 DRAWN BY: E.l.D. COMPUTED BY: S.G.S. · CHECKED BY: E.l.D. (817) 282-6981 117.3' ~ - -;;:c. DRJ'Æ I _11..7 ·L 117.3' REVISED 9- 23-91 t;j ~ u z o 0° N DRIVE a ~ u ~ ci ci ~ <0 N ~ ci a. ~ :::> o en r:: N f".. ~ o > z z o ü :i (/) < ~ o ::I: t- I I EXHIBIT "A" PROPOSED 1 0 FOOT WIDE PERMANENT G LENVIEW SANITARY SEYlER EASEMENT 0.0269 ACRES (1,173 SQ. FT.) ~ ~ < o (I) o :E a. < £t: (!) o ----r' .~-. ,(. ~ 20' I CITY OF NORTH RICHLAND HILLS I.epartment: Subject: Public Works utilities _ Council Meeting Date:12/16/91 Glenview Drive San1tary Sewer proJec Easement Acquisition - Parcel No. 6 Agenda Number: ~u 91-49 On April 8, 1991, City council approved the subject project. This action is required to purchase one of the seven easements needed from properties fronting Glenview Drive; six are residential properties and one is commercial. The staff has acquired a temporary construction easement and a permanent sanitary sewer easement from the residential property of Earl and Oleta Region for the subject project. Compensation for the easement is $1,000.00. All property owners, except for Beulah Conn (Parcel 4 - double lot), are being offered $1,000.00 for the permanent easement no matter how wide the property's frontage. Recommendation: The staff recommends Council approve payment for the permanent sanitary sewer easement along Glenview Drive to Earl and Oleta Region in the amount of $1,000.00. Source of Funds: Bonds (GO/Rev.) e Operating Budget Othe Finance Review Acct. Number 02-91-04-6000 unds Available . Finance Director --X-. CITY COUNCIL ACTION ITEM Page 1 of I Ie I SAN¡TARY SEWER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT I That we, Earl D. Reaion and wife. Oleta L. Reaion, as Sellers, for and in consideration of the agreed purchase price of One Thousand and no/100 Dollars ($1.000.00), and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public sanitary sewer facilities including underground conduits, said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: I (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) I In addition to the above described perpetual easement, Seller also hereby grants to City a temporary right of access to, and use of, lands of Seller immediately adjacent to the perpetual easement as necessary for construction of proposed facilities by normal operations. 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 1. Seller has a 10" pecan tree and a 28" hackberry tree adjacent to the herein described easement. Should either tree die within two years of construction due to root damage sustained during installation of the sanitary sewer main, the City of North Richland Hills will compensate Seller $1,700.00 for the hackberry tree and $1,000.00 for the pecan tree. I I To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. 1'A( Executed this the day of ì)-f~ ~ ~~C Earl D. Region , A.D., 1991. Ie ~ I SELLERS I ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 STATE OF TEXAS COUNTY OF TARRANT I This instrument wAS¿#cknowledged b(!,!~;e m~Q¥ Earl D. Reaion and wife. Oleta L. Reaiol) on this the .1 çk. day of b ~ 4"f... ~ '~A.~ :91. Notary Public, State of ~ I Commission Expires: Notary's Printed Name: 4-22-93 Mark D. Bradlev I I "~~""" ~...~..... (;(~.~~) ~ .....,,'Þ...... ....~...... MARK D. BRADLEY MY COMMISSION EXPIRES Aprtl 22, 1183 I , ~ I Ie I I I I_ I KEF NO. 3-430. PARCEL NO.6 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "A" I PERMANENT SANITARY SEWER EASEMENT W. \V. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract of land conveyed to Earl D. Region and wife, OIeta L. Region <Region tract) by deed as recorded in Volume 7668 Page 412 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a Permanent Sanitary Sewer Easement of variable width as shown on the attached Exhibit "C" and being more particularly de- scribed by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Region tract and the east property line of a tract of land conveyed to Jack A. Hybarger and wife, Peggy S. Hybarger by deed as recorded in Volume 4162 Page 323 of the D.R.T.C.T., said point of beginning being South, 164.64 feet from the northwest corner of said Region tract, said point of begin- ning being also on a curve to the left whose center bears North 04 degrees 59 minutes 04 seconds East, 297.54 feet; I THENCE, easterly along said curve to the left through a central angle of 13 degrees 01 minutes 18 seconds and an arc length of 67.62 feet to a point at the end of said curve and the beginning of a curve to the right whose center bears South 08 degrees 02 minutes 14 seconds East, 307.54 feet; I THENCE, easterly along said curve to the right through a central angle of 02 degrees 24 minutes 30 seconds, and an arc length of 12.93 feet to a point in the east property line of said Region tract and the west property line of a tract of land conveyed to Pierre G. Craig and wife, Dolores Craig (Craig tract) by deed as recorded in Volume 5405 Page 722 of the D.R.T.C.T.; 1_ I THENCE, South, along the east property line of the said Region tract and the west property line of said Craig tract, 7.73 feet to a point in the north right-of-way line of GIenview Drive as recorded in Volume 10333 Page 1983 of the D.R. T. C. T.; I THENCE, South 84 degrees 52 minutes 56 West, along the north right-of-way line of Glenview Drive, 70.75 feet to a point at the beginning of a curve to the right whose center bears North 02 degrees 59 minutes 22 seconds East, 307.54 feet; I THENCE, westerly along said curve to the right through a central angle of 01 degrees 49 minutes 44 seconds, and an arc length of 9.81 feet to a point in the west proper- ty line of said Region tract and the east property line of the aforesaid Hybarger tract; I THENCE, North, along the west property line of said Region tract and the east property line of said Hybarger tract, 10.04 feet to the POINT OF BEGINNING. I The Permanent Sanitary Sewer Easement herein described contains 0.0147 acres (642 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBI.lC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Dunn I Ie By:éM¡ :{ 4~ Eddie L. Dunn I Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1991 Revised 11-15-91 I- . Ie I KEF NO. 3-430, PARCEL NO.6 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "B" I TEMPORARY CONSTRUCTION EASEl\lENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract or'land conveyed to Earl D. Region and wife, Oleta L. Region (Region tract) by deed as recorded in Volume 7668 Page 412 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a 20 foot wide Temporary Construction Easement as shown on the attached Exhibit "C" and being more particularly described by metes and bounds as follows: I I BEGINNING at a point in the west property line of said Region tract and the east property line of a tract of land conveyed to Jack A. Hybarger and wife, Peggy S. Hybarger (Hybarg- er tract) by deed as recorded in Volume 4162 Page 323 of the D.R.T.C.T., said point of beginning being South, 164.64 feet from the northwest corner of said Region tract; I THENCE, North, with the west property line of said Region tract and the east property line of said Hybarger tract, 20.08 feet to a point, said point being on a curve to the left whose center bears North 5 degrees 20 minutes 41 seconds East, 277.54 feet; I THENCE, easterly along said curve to the left through a central angle of 13 degrees 22 minutes 55 seconds and an arc length of 64.82 feet to a point at the end of said curve and the beginning of a curve to the right whose center bears South 08 degrees 02 minutes 14 seconds East, 327.54 feet; Ie THENCE, easterly along said curve to the right through a central angle of 02 degrees 45 minutes 11 seconds, and an arc length of 15.74 feet to a point in the east property line of said Region tract and the west property line of a tract of land conveyed to Pierre G. Craig and wife, Dolores Craig (Craig tract) by deed as recorded in Volume 5405 Page 722 of the D.R.T.C.T.; I THENCE, South, along the east property line of the said Region tract and the west property line of said Craig tract, 20.09 feet to a point on a curve to the left whose center bears South 04 degrees 37 minutes 44 seconds East, 307.54 feet; I THENCE, westerly along said curve to the left through a central angle of 02 degrees 24 minutes 30 seconds, and an arc length of 12.93 feet to a point at the end of said curve and the beginning of a curve to the right whose center bears North 08 degrees 02 minutes 14 seconds West, 297.54 feet; I I THENCE, westerly along said curve to the right through a central angle of 13 degrees 01 minutes 18 seconds, and an arc length of 67.62 feet to the POINT OF BEGIN- NING. The Temporary Construction Easement herein described contains 0.037 acres (1,611 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE aROUND AND THAT SAME IS TRUE AND CORRECT. I Company Name: Spooner and Dunn I Ie By:Uijr~ Eddie L. Dunn I Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1991 I' Ie I I I I I I I Ie I I I I I I Ie I I SURVEY: 'N. W. WALLAC~ A-1606 LOCATION·. TARRANT COUNTY, TEXAS EASEMENT ACQUISl110N : IDAPORARY: 0.037 AC. PERMANENT: 0.0147 AC. WHOLE PROPERTY ACREAGE : 0.3365 AC. KEF NO. 3-430, PARCEL NO. 6 GLENVlEW DRIVE REUEF SE'NER EXHIBIT "C· ORA WlNG OF EXHIBITS "A" & "8" CIlY OF NORTH RICHLAND HILLS P.O.B. BOX 820609 NORTIi RICHLAND HILLS TX. 76182 f : CONC. j I I DRIVE I , I I I PROPOSED 20 FOOT WIDE ;;; W.05~20'41.E·1 I TEMPORARY CONSTRUCll0N ~ ~ RADIAL UNE EASEMENT <0 ~ !0_0JS9·04-E.! 10.037 ACRES (1.611 SQ. FT.) Z RADIAL UNE I ~ I / I; N.OZ·S9'22-E. "-" ~ tC--RADIAL UNE ",,- , I \ ~ , \ · c· I L 1 I - 64.82 - - - R == 277.54' ..-::. =- - -: - ! ~ - - -, - - - - -:; = 13'22'55 t\~ r i ~ 'i I ~\-;i ¡ T ~ i I I! ~\ ~ . \ !I l z,a:: -A \ I I ~~ :..,., - 1- _ _ r C-;;-67.62 r--: R = 297.54' 6. = ,3·01', a- ~ I ~ C = CUR'Æ II I ' 70.75 ~ R = 327.54' , \ S.84·S2'56"W. ~ L = 15.74' I 80.58 I 6= 2·45',,- \- STATE RIGHT-OF-WAY \ VOL. 10333, PG. 1983 ~ EXHIBIT "A" // GLENVIE;-~~~ < PROPOSED VARIABLE WlDTI-i PERMANENT SANITARY rn SEWER EASEMENT t: 0.0147 ACRES (642 SQ. FT.) ~ ~ ~ e::: w ü a::: <{ CD >- I en >- C) '-' W Cl.. ti~ 3~ r- o· Z~ <0 c::: rr}- WN C>r") a:: «. CD~ )-a.. IN .<.0 <~ ~ ~. ().-J <{a ...,> \ W. W. \\ WALLA,CE SURVEY A-1606 EARL D. REGION AND WIFE, OLETA L. REGION VOL. ï668 PG. 412, D.R.T.C.T. èo ~ N ex) ~ ~ ;: :J::: t o ::k:: a.. BRICK HOUSE ì929 ~ <.0 ~ <.0 EXHIBIT "8" ~ o ~ REVISED l' -, 5-91 \ \ \ :i '-' ~ a:: ü en w a::: o -l o or-: ..0 ~¡....: ~a; CO Z .. «~ c."f' ~. a:::'"' uCl. .Lf') '-'0 v W1() a:: ffi-.J _0 a.> 0 J- "'lit LaJ ~ ~ ~ < (.) en (.) :E ~ 0: 0 0 1" = 20' B = CURVE R = 307.54' L = 9.81' ~= 1·49'44· SPOONER &: DUNN REGISTERED PROFESSIONAL LAND SURVEYORS 5";:-þ" '-7' ,;- ~U-<- /\ _ /) '--~(../ ,-. . I r- => o U') A = CUR'Æ R = 307.54' L = 12.9J· ð = 2"24'30· JOB NO.: 7-91-138 DATE: 8-16-91 COGO FfLE: 7 91 138 ACAD FlLE: 138-6 DRAWN BY: E.L.D. COMPUTED BY: S.G.S. CHECKED BY: E.L.D. (817) 282-6981 CITY OF NORTH RICHLAND HILLS _epartment: Subject: Public Works/utilities . _Council Meeting Date:12/16/91 Glenview Drive Sanitary Sewer ProJect - 1 50 PU 9 - Easement Acquisition - Parcel No. 7 Agenda Number:_ On April 8, 1991, City Council approved the subject project. This action is required to purchase one of the seven easements needed from properties fronting Glenview Drive; six are residential properties and one is commercial. ~ The staff has acquired a temporary construction easement and a permanent sanitary sewer easement from the commercial property of pierre and Dolores Craig for the subject project. Compensation for the easement is $1,000.00. All property owners, except for Beulah Conn (Parcel 4 - double lot), are being offered $1,000.00 for the permanent easement no matter how wide the property's frontage. All seven easements have been acquired with approval of Parcel No.7. The project is being advertised and bids will be taken on December 20, 1991. Recommendation: The staff recommends Council approve payment for the permanent sanitary sewer easement along Glenview Drive to pierre and Dolores Craig in the amount of $1,000.00. Finance Review I nt Head Signature CITY COUNCIL ACTION ITEM 02-91-0·4-6000 s Available . Fmance Director Page 1 of I CITY OF NORTH RICHLAND HILLS, TEXAS Ie I SANITARY SEWER EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT I That we, Pierre G. Craie and wife. Dolores Craie, as Sellers, for and in consideration of the agreed purchase price of One Thousand and No/lOO Dollars ($1.000.00), and upon all of the terms and conditions hereof hereby grant, sell and convey to the City of North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual easement for the purpose of constructing, using and maintaining public sanitary sewer facilities including underground conduits, said perpetual easement being shown and described on the plat attached hereto, which plat is made a part hereof, and/or further described as follows: (SEE ATTACHED PLAT AND LEGAL DESCRIPTION) I In addition to the above described perpetual easement, Seller also hereby grant. to City a temporary right of acces. to, and use of, lands of Seller immediately adjacent to the perpetual easement as necessary tor construction of proposed facilities by normal operations. I 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 To have and hold the same perpetually to the City of North Richland Hills and its successors and assigns forever. 'J l¡pk- Executed this the day of December, A.D., 1991. C-=~ Pie~re G. Cra1.g J1? JÁ.'r r .v Dolores Craig SELLERS ~ I t, '-~~.~ 1"" " ) '.j I Ie ADDRESS OF GRANTEE: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 STATE OF TEXAS COUNTY OF DALLAS I This in8trum~~tt~as acknowledged before me by Pierre G. Craie and wife. Dolores ~ on this the "'t -.::" day of December, A. D W. C 1-4. &..- ~ Notary Publ1.c, State of Texa~ I Commi8sion Expires: Notary's Printed Name: 4-22-93 Mark D. Bradlev I ~..:~:~. .{~f~ . ...,jý ~..M.;~· . IlARK D. BllADuY "Y COMMISSION EXPrRu Apt1. 2Z, 1_ I 0' __,~. ',or.".. "'1{'"" I I Ie I I I Ie I . ~ . I I I I I I -- I I I I I I Ie I I KEF NO. 3-430, PARCEL NO.7 CITY OF NORTH RICHLAND lllLLS GLENVIEW DR. RELIEF SEWER EXHIBIT "A" PERl\fANENT SA NIT AR Y SEWER EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract of land conveyed to Pierre G. Craig and wife, Dolores Craig (Craig tract) by deed as recorded in Volume 5405 Page 722 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as Permanent Sanitary Sewer Easement of variable width as shown on the attached Exhibit "C" and being more particularly de- scribed by metes and bounds as follows: BEGINNING at a point in the west property line of said Craig tract and the east property line of a tract of land conveyed to Earl D. Region and wife, Oleta L. Region (Region tract) by deed as recorded in Volume 7668 Page 412 of the D.R.T.C.T., said point of beginning being South, 234.25 feet from the northwest corner of said Craig tract, said point of beginning being also on a curve to the right whose center bears South 05 degrees 37 minutes 44 seconds East, 307.54 feet; THENCE, easterly along said curve to the right through a central angle of 05 degrees 40 minutes 01 seconds and an arc length of 30.42 feet to a point at the end of said curve; THENCE, South 89 degrees 57 minutes 43 seconds East, 35.32 feet to a point in the north right-of-way line of Glenview Drive; THENCE, South 81 degrees 17 minutes 05 seconds West, along the north right-of-way line of Glenview Drive, 23.25 feet: THENCE, South 82 degrees 15 minutes 47 seconds West, continuing along the north right-of-way line of Glenview Drive, 48.85 feet; THENCE, South 84 degrees 52 minutes 56 seconds West continuing along the north right-of-way line of Glenview Drive 0.60 feet to a point in the west property line of said Craig tract and the east property line of the aforesaid Region tract; THENCE, North, along the west property line of said Craig tract and the east property line of said Region tract, 7.73 feet to the POINT OF BEGINNING. The Permanent Sanitary Sewer Easement herein described contains 0.0068 acres (296 square feet) of land, more or less. . TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Dunn By: Ûk ~~ Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1991 Revised "11-15-91 I' Ie I KEF NO. 3-430, PARCEL NO.7 CITY OF NORTH RICHLAND HILLS GLENVIEW DR. RELIEF SEWER EXHIBIT "Boo TEMPORARY CONSTRUCTION EASEMENT W. W. WALLACE SURVEY, ABSTRACT NO. 1606 TARRANT COUNTY, TEXAS I I SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the '-tV. W. Wallace Survey, Abstract No. 1606, said strip also being across a tract of land conveyed to Pierre G. Craig and wife, Dolores Craig (Craig tract) by deed as record- ed in Volume 5405 Page 722 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a Temporary Construction Easement of variable width as shown on the attached Exhibit "C" and being more particularly described by metes and bounds as follows: I BEGINNING at a point in the west property line of said Craig tract And the east property line of a tract of land conveyed to Earl D. Region and wife, Oleta L. Region (Region tract) by deed as recorded in Volume 7668 Page 412 of the D.R.T.C.T., said point of beginning being South, 234.25 feet from the northwest corner of said Craig tract; I THENCE, North, with the west property line of said Craig tract and the east property line of said Region tract, 20.09 feet to a point said point being on a curve to the right whose center bears South 5 degrees 17 minutes 03 seconds East, 327.54 feet; I THENCE, easterly along said curve to the right through a central angle of 05 degrees 19 minutes 20 seconds and an arc length of 30.42 feet to a point at the end of said curve; I -- THENCE, South 89 degrees 57 minutes 43 seconds East, 122.53 feet to a point in the east property line of said Craig tract and the west property line of Lot 1, Block 1, of Towne Oaks Addition an addition to the City of North Richland Hills as recorded in Vol.ume 388-152 Page 93 of the P.R.T.C.T., said point being South 01 degrees 30 minutes 01 seconds East, 147.86 feet from the north west property corner of said Lot 1, and an inside "L" corner of said Craig tract; I THENCE, South 01 degrees 30 minutes 01 seconds East, along the east property line of the said Craig tract and the west property line of said Lot 1, 6.54 feet to a point in the north right-of-way line of Glenview Drive said point being on a curve to the left whose center bears South 8 degrees 56 minutes 05 seconds East, 1,919.86 feet; I THENCE, westerly along said curve and along the north right-of-way line of Glenview Drive through an a central angle of 0 degrees 01 minutes 38 seconds and an arc length of 0.91 feet to a point at the end of said curve; I THENCE, South 81 degrees 17 minutes 05 seconds West, along the north right-oi-way line of Glenview Drive, 87.51 feet; THENCE, North 89 degrees 57 minutes 43 seconds West, 35.32 feet to a point at the begin- ning of a curve to the left whose center bears South 00 degrees 02 minutes 17 seconds West, 307.54 feet; I THENCE, westerly along said curve to the left through a central angle of 05 degrees 40 minutes 01 seconds, and an arc length of 30.42 feet to the POINT OF BEGINNING. I The Temporary Construction Easement herein described contains 0.0568 acres (2,474 square feet) of land, more or less. I TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBIJC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Ie I Company Name: Spooner and Dunn By: ~~ j .{}~ Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 I Date of Survey July 1991 Revised 11-15-91 I' Ie I I I I I I I -- I I I I I I Ie I I- SURVEY: ','/. W. WALLAC~ A-î606 LOCATION', ~;'RRANT COUNTY, TEXAS EASEMENT ACQUISIll0N: TEMPORARY: 0.0568 Þ\C. PERMANENT: 0.0068 AC. 'NHOLE PROPERTY ACREAGE : í .112 AC. DRAV/1NG OF EXHIBITS "A" & "6" ~ w U lJ... t- ;E CL t ;; o 0 Z N <{ yo- zz~ 00 . -50 ~wQ.. ~a:=(XJ . ~ ~ 0«4' ~~ . a:::w~ <{-IO wo> ~ ~ :;: N - -- ~ Ìl1 r- ~ ~ ~ ~ n ('oJ - - í'.-' Z KEF NO. 3-430, PARCEL NO. 7 GLENV1EW DRI'Æ REUEF SE\VER EXHIBIT "C· CITY OF NORTI-i RICHL~ND HILLS P.D.B. BOX 820609 ~JORìH RICHLA.ND HILLS TX. 76182 \v. \v. 'vVALL?~CE SURVEY A-1606 z o ;= 3 ~....= (/)~ ~t- «. o~ a.. ~r') ~O) o· 1-'-' a.. PIERRE G. CRAIG AND WIFE DOLORES CRAIG VOLUME 5405 P,~GE 722 D.R.T.C.T. DONUT PALACE i ¡STORY W I BRICK BLOG :I 15 I,' \ ~ : 0 --~ã----~1Ü~Ÿ-------!---~M~7~~~---~5~- ~ ASPHALT PAVEMENT 5\' A1 o 5.89·57' 4-3"E. 87. ~Å '< 7'OS"W." . ~ ",~" - --L- --.J.5.32' - R\GH1-0f- S.8'¡ RADIAL ~EARING ï.73' I \ ~ S.OS·56'OS-E. "'0" ! ¡ A - aJR'Æ I R - 307.54· L - 30.4-2· ' EXHIBIT "A" A - 5'40'01' I~ PROPOSED VARIABLE 'MDTH B - CURVE ~I~ PERMANENT SANITARY ~ : g~~~- ~I~ SEVÆR EASEMENT Â" 5'9-20· N .-J 0.0068 ACRES (296 SQ. FT.) c - s..84'"52·SS-W. O.S- Ç> « D - 5.82'5- 47·W. ~.8.5- ~ ~ E .. CUR'Æ VJ a::: R _ 1,919.86- L - 0.9'· Â - 0'01-38· b co .... SPOONER & DUNN UJ ~ REGISTERED PROFESSIONAL ~ LAND SUR'ÆYORS ~ JOB NO.: 7-91-138 < (J DATE: 8-16-91 (I) 0 COGO FJL£: 7 91 1 38 3: a.. ACAD flL£: 1.38- 7 c( 0:: DRAWN BY: E.L.D. C) 0 COMPUìED BY: E.LD. 1" - 30' CHECKED BY: E.LD. (817) "282-6981 ÇQ ~ "< rn ~ æ ~ ~ c:d o p,; GLENNvtEW FOODMAR T ONE SiQRY BRIO< BLDG 8015 .r .. r" --- I '<oJ \ ' , i \ 1\ \ RADIAL BEARING ¢)\ .05'37' 44"E_---"-\ \ \ \ . RADIAL BEARa JG ~ S.05·' 7'03"E. --- \ G LENVIEW -- ~ ~~ ~~ a.. 10 EXHJ81T t9a" i PROPOSED VARIABlE 'MDTI-i <0 : TEMPORARY CONSTRUCTION co i EASEMENT ~ ! 0.0568 ACRES (2.474 SQ. FT.) ..q- N ~U') ()~ 01 -100 (DOC) r') I-..J 00 ..J> DRIVE CITY OF NORTH RICHLAND HILLS Finance/Purchasinq Council Meeting Date: 12 / 16/91 Agenda Number: PU 91-51 Award Bid for Vehicles In the 1991/92 budget Council appropriated money for the replacement of four pickups and five police cars. Formal bids were solicited and the results are outlined below. Pickup Police Pkg. Sedan Classic Chevrolet $13,225 $13,317 Jerry's Chevrolet 13,238 12,999 Hudiburg Chevrolet 13,142 13,099 An extended warranty was also offered for an additional $620 each on the pickups and $775 each on the police cars. Staff feels the purchase of the extended warranty for each vehicle would be beneficial and reduce annual maintenance costs, i.e. transmission replacement for police cars. Recommendation: It is recommended Council approve the purchase of four 1992 pickups from Hudiburg Chevrolet in the amount of. $52,816 and five 1992 po~ice package sedans from Jerry's Chevrolet in the amount of $68,870. These totals include the extended warranty for each vehicle. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number 06-99-01-6999 Sufficient Funds Available --X....- . Finance Director dTl - Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I I I ~ I ~ CITY OF NORTH RICHLAND HILLS Department: Finance/Purchasing 12/16/91 - Council Meeting Date: Subject: Award Annual Contract for Copy and Computer Paper Agenda Number: PU 91-52 Formal bids have been solicited for an annual contract for copy and computer paper. As part of the bid, vendors were also requested to submit cost for a contract to supply recycled paper. The results are outlined below. Option I Option II Vendor Plain Paper Recycled Paper Butler Paper $26,388 $30,148 Xerox Corp. 25,331 27,475 Metroplex Graphics 25,078 No Bid Precept 22,729 No Bid Metro Data 21,360 25,710 The quantities for the above quotes are 500 cases of 8 1/2 xlI, 50 cases of 8 1/2 x 14, and 500 cases of 14 7/8 x 11 green bar computer paper. staff requests guidance from Council on which option they feel best suits the interest of the city. Recommendation: It is recommended Council consider bids and· award contract to the lower bidder for whichever option that it perfers. Finance Review -x- Acct. Number Various Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~-- ~~ Department Head Signature CITY COUNCIL ACTION ITEM - ,F tnance 01 rector Page 1 of 1 II CITY OF NORTH RICHLAND HILLS Department: Public Works Additional Funding - Industrial Park Subject: Boulevard Extension from Browning Drive South to Loop 820 ~ Council Meeting Date: 1 2/16/91 Agenda Number: LW 91-36 This project is underway and should be completed by late summer of 1992. We have been coordinating the project with Knowlton English Flowers, Tarrant County, and E-Systems Employee Trust. Our agreement with E-Systems called for them to furnish the right-of-way plus 50% of road improvements up to $250,000. We required the $250,000 agreement rather than $163,000 which was then estimated to be 50% of the total cost, because there were so many unknowns at the time. The project will still be within the limits of their agreed maximum. As we met with E-Systems, the County and Staff, it became evident that I storm drains and a higher road bed would be advantageous. Our final cost estimate for the City is $79,875 more than the original $163,000 approved by the City Council on August 26,1991 (PW 91-27). There are three primary reasons for the estimated additional cost: (1) the I elevation of the road bed which increased the cost of dirt work; (2) the addition of storm drains rather than ; open ditches; and (3) low estimates by the County on the price of material and rental of equipment. The ! addition of storm drains will add approximately $70,000 and the County's underestimate is approximately $39,800. The total drainage cost for this project is $1 23,000 total. Since a good portion of the increased cost is for drainage, we suggest the increased funding be from Unscecified Drainaae Funds Held in Reserve. These were established by approval of PW 91-34 on November 25, 19·91. Estimates made over four years ago indicated a cost in excess of $750,000 plus right-of-way fpr a 48 foot roadway, assuming that construction would be handled by the usual contract method. You will have accomplished this at a cost to the City of one-third of the original estimate as well as increasing the width to 60 feet. Fundina Source: As indicated above the additional costs can be attributable storm drainage improvements. Funds for the drainage improvement may be appropriated as indicated below. .From: 04-91-00-4820 Appropriation from Dra.inage Utility Fee 1 3-91-08-6000 Drainage Improvements-Industrial Park Blvd. $79,875 To: $79,875 ~ ~ ~ Source of Funds: _ Bonds (GO/Rev.) . Operatin Budget I Other I Recommendation: It is recommended that the City Council approve $ 79,875 in additional funding for Industrial Park Boulevard I from the 1992 Drainage Improvement Program. Finance Review . Finance Director t Head Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS _epartment: Subject: Public Works Approve Budgets for Three TrafflC Light synchronization Projects Council Meeting Date: 12/16/91 PW 91-37 Agenda Number: e The Texas Department of Transportation (TDOT) recently approved the three proposed projects for funding. Based on the program procedures, the TDOT will pay 75% of the project costs. The City will front the overall project costs and fund 25% of the project. The attached cover sheet PW 91-28 explains the subject program and the three individual projects which we submitted and approved. The budgets as submitted in the applications and approved are as shown below. Proposed state Participation Proposed City Participation Total Proposed proiect Fundinq 1. SH 26 @ Bedford-Euless Road and Loop 820 $21,043.99 $ 6,174.40 $27,218.39 2. FM 1938 (Davis Blvd.) from Maplewood Ave. to College Circle 3. SH 26 from Edison to Rufe Snow 22,311.05 6,721.35 29,032.40 25,086.36 9.175.50 34.261.86 $68,441.40 $22,071.25 $90,512.65 Fundinq: Funds may be appropriated as follows: From: Drawdown Schedule for General CIP Projects (IR 90-10) 1991/92 13-23-91-6150 1992 Signal Syn. Project $22,071.25 $22,071.25 To: Recommendation: The staff recommends Council approve the three subject budgets and the transfer of funds as indicated above. . Finance DIrector CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I Ie I I I I I I Ie I I > .. -.- j '-.. >J __...~ ,:1.0 1;).. .~G' ,~'- O~,>I L,¿j. ' -JJ~." )( :t. : \' . I)' \\. , ~ '-. '-" <I ,.' '. .....- . :~ i ::: (:~ ~ -;~-;-::--:-- ,. r, 1 . .~.. .\.~..,..... . ,; I ( ~ - :. --./ ~-~.. :-. iiU}'---7-" ¡¡ IS ¡ \IQV )'1991 IU~I Sffj:>II-/Ç-'-7I1.]3 Xl]: r I2~ ~ IlNo.i'1( L~ (.. '-.I I...:~ .,..-..-., -'........._. ,.. ... . .;.... ~..,... f .....:.._ .L TEXAS DEPARTMENT OF TRANSPORTATION Post Office Box 6868 Fort Worth, Texas 76115 L.(;tion Fit£ RotUI'n .Ù:3ad -- - -rt-.:S zr November 1, 1991 Mr. John Johnston City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 Dear John: We are pleased to announce that the three applications you submitted under the Traffic Light Synchronization Program has been accepted as projects. We will forward your contracts to you within the next few weeks. Work can begin on these projects on January 17, 1992. Remember, charges incurred prior to this date will not be reimbursed or considered match. If you have any questions, please contact Ms. Jackie White at (817)370-6618. Sincerely, Z/Ji1:V Wallace E,( Ewell, P. E. Supervising Traffic Engineer jjnw An Equal Opportunity Employer I I I . Ie I 1 I I I 1 I -- I> 1 1 I I I I I I ! N I ("8 8 <0 I)-~ ~~ (20,466) ~ ...J Q en 5 < o 17.900 (24,000) BEDf"ORD-EULESS RD. ~. 8<0 F"'t() ~~ LEGEND: XXX '990 ADT COUNT (XX) '989 ADT COUNT ATTACHMENT 8- 2 TLS SJGNAL IDENTIFICATION MAP STATE HWY. 28 NORTH SYSTEM NORTH RlcHLAND HILLS, TEXAS [ L, J Barton- A.chlnan U Associate.. Inc. I Ie I I I I I I I -- I> I I I I I I I I ¡pI I "0 ~~ '«' ~ ~ <0 t, °1 'iJ6 ,,~ ~ò ,~ ~ ~ -1(0 ~ <J' ~;. ~ó ,'t ~ ~~ 00 t) ðf ~ ~ ~ °ð ð~ ATTACHMENT B-2 XX,XXX-ADT (1990) TLS SIGNAL IDENTIFICA TION MAP DAVIS BLVD. (FM 1938) SYSTEM NORTH RICHLAND HILLS, TEXAS p..!'!.] Barton-Aschman U Associa.es, Inc. I' Ie I I I I I I I -- I ) I I I I I Ie I I ! N I ~~ Q¡, <:>~ ~ < >- ~ z < ~ CD ci 0: L&J U Z ~ GLENVlEW DR. a: c ~ o z V) W LI.. ~ a:: o o ~ . co o o It) . 10 ATTACHMENT B-2 XX,XXX-ADT (1990) TLS SIGNAL IDENTIFICA TION MAP STATE HWY. 26 SOUTH SYSTEM NORTH RICHl-AND HILLS, TEXAS (i.!. J Barton-Aschman U Associatea, Inc. I Ie Jartment: P'.1blic Works TrafÏic Light Synchronization II Program - I ,ubject: Resolution No. 91-30 I I I I I I Ie I I I I . I I . ¡ I Source of Funds: ¡ _BondS (GO/Rev.) . Operating Budget .. Oth · CITY OF NORTH RICHLAND HILLS Council Meeting Date: 8/26/91 Agenda Number: PW 91-28 ~he Traffic Light Synchronization II (TLS) program is one of several Department programs approved by the Governor's Office as part of the "Oil Overcharge Restitutionary Act," which creates an oil overcharge account in the State Treasury for use in funding competitive grant programs. This program will provide to cities across the state the sum of $5 million. This money will be used to optimize traffic signal timing plans and the replacement and/or installation of equipment necessary for the implementation of signal systems. Typically, this equipment will include controllers, cabinets, loop detectors, interconnect cable and microcomputer equipment for intersection monitoring. These funds will assist traffic engineers in reducing unnecessary vehicle stops and delays through more efficient traffic signal timing. Project are expected to result in significant fuel savings and a reduction in vehicle emissions. Up to 75% of the project costs are eligible for reimbursement. If a project is funded, the local government (cities) must provide a minimum 25% of the total direct cost of the project in matching funds and/or in-kind services. The staff is currently working on three grant applications. The first application is to synchronize the existing five (5) signals on FM 1938 (Davis Boulevard) from Maplewood Avenue to College Circle Drive. The second application is to synchronize the existing four (4) signals on state Highway 26 (Grapevine Highway) from Edison Drive to Rufe Snow Drive. The last application is to synchronize the three (3) signals on state Highway 26 at Loop 820 and Bedford-Euless Road. The staff will bring proposed budgets to Council in the near future if the grants are approved by the state. The budgets as proposed in the grant applications are as noted below. Proposed state Participation Proposed City Participation Total Proposed Project Funding 1. FM 1938 (Maplewood to College Cir.) $22,311.05 $6,721.35 $29,032.40 2. SH 26 (Edison to Rufe Snow) 25,086.36 9,175.50 34,261.86 SH 26 @ Loop 820 and Bedford Euless Road 21,043.99 DATE; iJ:? (/ /c¡¡ DEPARTME'NT~~~ Recommendation: r2:Ø A)¡êJy/Yl/J FROM: I!t h~.,4/c... It is recommend d tþe councii~~prove Heso~~1on . th· b ,-~ßi£Lr' s~gn on e~r a I. . . COUNCIL ACTION: nlã)1c~,Qe~œ.wD ~Of\1~IrE~J~S: Acct. N mber ~uttlcle t Funds Available 3. 27,218.39 $90,512.65 6,174.40 $22,071.25 . 91-30 and authorize the Mayor to --'-'-.. ... ...--.. ~ --, // j¿ 1J;1 ,; /~ City Manager . Ftnance DIrector tment Head Signature CITY COUNCIL ACTION ITEM I Ie I I I I I I I -- I I I I I I I I_ I ~.~ ~ESOLUTION NO. 91-30 WHEREAS, the city of North Richland Hills, Texas recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and, WHEREAS, the traffic management projects proposed by the City of North Richland Hills, Texas will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and, WHEREAS, funds have been established and are available through the state Department of Highways and Public Transportation for grants to local governments for traffic management projects; NOW, THEREFORE, be it resolved that the City Council authorizes the submission of applications to the State Department of Highways and Public Transportation for Traffic Light Synchronization II grants and, if the applications are selected for funding, the Mayor of the city of North Richland Hills, Texas is hereby authorized and empowered to execute in the name of the city of North Richland Hills, Texas all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this resolution. PASSED AND APPROVED this the £2lh day of August, 1991. APPROVED: ATTEST: .""', ) Re I Ie I I I I I I I -- I I I I I I Ie I I . ..-___..~___. o. .____.._ ___ TEXAS DEPARTMENT OF TRANSPORTATION Post Office Box 6868 Fort Worth, Texas 76115 :-\ ....; November 15, 1991 j u Mr. John Johnston City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 Dear John: Attached are two copies of the traffic light synchronization contract number 582TLF6062 for your BedfordjEuless Road signal project. --- Please sign both copies and return them to us at your earliest convenience. If you have any questions, please contact Ms. Jackie White at (817)370-6618. jjnw Attachment An Equal Opportunity Employer I Ie I I I I I I I -- I I I I I I Ie I I Contract Number S8~TLF6062 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and thro.ugh tþe Texas ~e~artme~t of Transportation, hereinafter called the State and the Clty at North Rlcliland Hllls , acting by and through its duly authorized officers, hereinafter called the Local Government. \\7ITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentation of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56»); and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval by contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1,1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re-time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. p~ UP 1 of 7 I Ie I I I I I I I Ie I I I I I I I I- I A G R E E MEN '1' Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate 12 months from that date, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 20,413.79 . This amount constitutes not more than 750/0 of the total project cost of $ 2 7 , 218 · 39 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. ArticJe 3. Project I)escription Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re-timing of traffic signals within its jurisdiction, generally located on Bedford/Euless The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: . A ubefore" field evaluation . An nafter" field evaluation Failure to àeliver the products as specified in the application may result in termination of this agreement as provided hereinafter. In addition to the above products, quarterly progress reports that summarize project activities are required. ArticJe 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 20f7 I Ie II I I I I I I -- I I I I I I Ie I I Article 4. Compensation (cont.) The State will exercise good faith effort to make payments within thirt:y days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under this contract, and if the request isjustified by the Local Government and the State determines that the request is beneficia] to the State and the Loca) Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Exective-Director of the Texas Department of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Artic]e 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Page 3 of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 9. Reporting The Local Government shall promptly advise tIle State in writing of events which have a significant impact upon the contract, including: · Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. · Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article] 1. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Article] 2. Termination · For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. . For Cause: Nonperformance The State may terminate this contract at any time before the date of completion ifit determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date oftermi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. Page 4 of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 12. Termination (cont.) · For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determination, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. · Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. · Excepted Conditions Except with respect to defaults of subcontractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Governmen t. Article 13. Compliance with Laws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article] 5. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), "Uniform Administrative Requirements for Grants and Cooperative Agreements to StaLe and Local Governmen t5. tt PaQ"e 5 of 7 I 'Ie I I I I I I I -- I I I I I I Ie I I ArticJe ] 6. I}rocurement Standards The Loca] Gove!"nment shall maintain and follow procure~ent standards v~hich meet or exceed the requirements of 49 CFR 18, t'Uniform Administrative Requirements for Grants and Cooper~tive Agreements to State and Local Governments." Article 17. DebarmenUSuspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the Slate, to furnish a copy of the certi fi ca ti on. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an additional insured ul1àer its terms. When so directed, the Local Government shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Artic]e 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Executive Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned hereabove. Failure on the part of the L~cal Government to adhere to this policy may result in terminatiop of this contract. Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Loca} Government, its . agents or employees. The Local Government also agrees to save harmless the State . fróm any and all expenses, including attorney fees, all court costs and awards for dam- ages, incurr~d by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Page 60f7 I Ie I I I I I I I -- I I I I I I Ie I I Article 21. Signatory Warranty The undersigned signator;y for the Local Government here b)' represents and warrants that he is an official of the organization for which he has executed this contract and that he has full an'd complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: THE STATE OF TEXAS The City of N. Richland Hills Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, establishing as policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Under authority of resolution or ordi- nance number By Title By Date Traffic Operations Engineer Date ATTEST: Date For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): City of N. Richland Hills J.R. Stone P"b 1 ; ~ T..1r",..'kc:: npr~rrmpn t" P.O. Box 6868 P Q Bo}" 8?()f.t()Q Ft. Worth. Texas 76115-0863 N. Richland Hills, Texas 76182 (817) 292-6510 Page 7 0£7 I Ie I I I I I I I -- I I I I I I Ie I I .. -~..._- -~.....~._._--...~-..._..,. -- -........- , ; " -~. T___ .. .. ~....... .....~. .._. . _ ! 9 'ø r""...... ..~""""_.___.".-,-,,._ ~-~....._..~.._- ..... ~.. ......-r...-.... ~. _.. _..___.......... ".. TEXAS DEPARTMENT OF TRANSPORTATION Post Office Box 6868 Fort Worth, Texas 76115 November 15, 1991 Mr. John Johnston City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 Dear John: Attached are two copies of the traffic light synchronization contract number 582TLF6063 for your Davis Boulevard signal project. Please sign both copies and return them to us at your earliest convenience. If you have any questions, please contact Ms. Jackie White at (817)370-6618. Sincerely, Wallace E. Ewell, P.E. Supervisi g Traffic Engineer /jnw Attachment An Equal Opportunity Employer I Ie I il I I I I I -- I I I I I I Ie I I C3ntract Number 582TLF6063 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas Department of Transportation, hereinafter called the State and the City of North Richland Hills , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentation of a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56»; and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval by contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1,1990, or as amended; and, WHEREAS, the Local Government submitted a grant application to the State describ- ing a plan to re-time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described therein was selected for financial assistance; and, WHEREAS, it is the desire of the Local Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Page lof7 I Ie I I I I I I I -- I I I I I I Ie I I A G R E E MEN l' Article 1. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate 12 months from that date, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 21 f 765.55 . This amount constitutes not more than 750/0 of the total project cost of $ 29 ,032 .40 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re-timing of traffic signals within itsjurisdiction, generally located on Davis The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additional activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: . A "before" field evaluation . An (tafter" field evaluation Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. In addition to the above products, quarterly progress reports that summarize project activities are required. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 2of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 4. Compensation (cont.) The State will exercise good faith effort to make payments within thirty days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request addi tional funds for addi tional tasks to be performed under this contract, and if the request isjustified by the Local Government and the State determines that the request is beneficia] to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Local Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Exective-Director of the Texas Department of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Article 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Page 3 of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 9. Reporting The Local Government shall promptly advise the State in writing of events which have a significant impact upon the contract, including: · Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. · Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article 10. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 11. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this con tract. Article 12. Termination . For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time of termination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. . For Cause: Nonperformance The State may terminate this contract at any time before the date of completion ifit determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date oftermi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. Page 4of7 I Ie I I I I I I I -- I I I I I I I Ie I Article 12. Termination (cont.) · For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determination, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. · Ownership of Documents Upon termination of this contract, whether for cause or for convenience, all finished or unfinished docume~ts, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become I the property of the State. · Excepted Conditions Except wi th respect to defa ul ts of su bean tractors, the Local Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Local Government to progress in the performance of the work) ifsuch failure arises out of causes beyond the control and without the default or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Governmen t. Article 13. Compliance with Laws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Property Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), nUniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. " Page 50f7 I Ie I I I I I I I Ie I I I I I I I I" I Article 16. Procurement Standards The Local Government shall maintain and follow procurement standards which meet or exceed the requirements of 49 CFR 18, uUniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. Debarment/Suspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the State, to furnish a copy of the certification. Article 18. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an addi tional insured under its terms. When so directed, the Local Governmen t shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Executive Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for dam- ages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Local Government or the State. Page 6of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE TillS AGREEMENT. LOCAL GOVERNMENT: THE STATE OF TEXAS The City of N. Richland Hills Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, establishing as policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Under authority of resolution or ordi- nance number By Title By Date Traffic Operations Engineer Date A TrEST: Date For the purpose of this agreement, the following addresses shall be used to niail all required notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): City of North Richland Hills J.R. Stone Public Works Department P.o. Box 6868 P.O. Box 820609 Ft. Worth, Texas 76115-0868 N. Richland Hills, Texas 76182 (817)292-6510 Page 7of7 I Ie I I I I I I I lit I I I I I I Ie I I 8.~ ',~ 0' .~;~~. \~~', ~..~, '. ~fY ... :t ~'.' "". ~ \0"'" .. w.';.'- '. , : ft..;" TEXAS DEPARTMENT OF TRANSPORTATION Post Office Box 6868 Fort Worth, Texas 76115 JUl ----' November 15, 1991 Mr. John Johnston City of North Richland Hills Post Office Box 820609 North Richland Hills, Texas 76182 Dear John: Attached are two copies of the traffic light synchronization contract number 582TLF6061 for your SH 26 signal pro;ect. Please initial and date the dollar amount changes as noted on the cover page of Exhibit 1, sign both copies and return them to us at your earliest convenience. If you have any questions, please contact Ms. Jackie White at (817)370-6618. . Ewell, P.E. ing Traffic Engineer /jnw Attachment An Equal Opportunity Employer I Ie I I I I I I I -- I I I I I I Ie I I Contract Number 582TL~6061 TRAFFIC LIGHT SYNCHRONIZATION GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and throug-þ the Te.xas,Department qfTransportation, hereinafter cal1ed the State and the Clot)' of North Rïchland Hl.lls , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH WHEREAS, Article 4413(56), Texas Civil Statutes, declares that the Office of the Governor may designate State agencies to supervise, manage or administer the imple- mentatio11 oi a grant program financed under the Oil Overcharge Restitutionary Act (Art. 4413(56); and, WHEREAS, pursuant to Article 4413(56), the Texas Department of Transportation submitted a proposed grant program, hereinafter called Traffic Light Synchronization, or TLS, designed to increase energy efficiency in the movement of traffic, and the Office of the Governor did approve the proposed program, and signified its approval bj~ contract executed between the Texas Department of Transportation and the Office of the Governor dated September 1,1990, or as amended; and, WHEREAS, the Loca] Government submitted a grant application to the State describ- ing a plan to re-time a set of traffic signals in accordance with the State's instructions, and the grant application was approved by the State and the project described thereirl was selected for financial assistance; and, WHEREAS, it is the desire of the Loca] Government to enter into this grant agreement for financial assistance for the project described in the grant application in order to increase energy efficiency in the movement of traffic. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do mutually agree as follows. Page 10f7 I Ie I I I I I I I -- I I I I I I Ie I I AGREEMEN'I' Artic]e ]. Contract Period This contract becomes effective on the date on which the final signature is added, the final signature being that of the party whose signing makes the contract fully exe- cuted by all parties hereto. The contract shall terminate 12 months from that date, unless terminated or modified as hereinafter provided. Article 2. Contract Amount The maximum amount payable to the Local Government under this contract shall not exceed $ 25.. 696.39 . This amount constitutes not more than 750/0 of the total project cost of $ 34 , 261 . 86 The amount may be increased only if the State approves a request for additional funding submitted by the Local Government, if additional funds are available. Any such increase must be authorized in a written amendment to this contract. Article 3. Project Description Depending upon the availability of funds, the Local Government shall commence and complete a project providing for the re-timing of traffic signals within its jurisdiction, general1y located on SH 26 The project is fully described in the grant application, attached hereto and labeled Exhibit 1. The Local Government shall not perform any activity under this contract except as described in said Exhibit 1. Additiona} activity under this contract must be authorized in a written amendment signed by the parties hereto in which the modi- fications or additions to the project are fully described. The Local Government agrees to deliver the following products to the State in accord- ance with the application: . A 'tbefore" field evaluation . An "after" field evaluation Failure to deliver the products as specified in the application may result in termination of this agreement as provided hereinafter. In addition to the above products, quarterly progress reports that summarize project activities are required. Article 4. Compensation All payments made hereunder will be made in accordance with the category totals of the Approved Project Budget included in Exhibit 1. To be eligible for reimbursement unàer this contract, a cost must be incurred within the contract period specified in Article 1 above and be authorized in the Approved Project Budget included in Exhibit 1. Payment of costs incurred under this contract is further governed by the cost principles outlined in 48 CFR 1-31, (Federal Acquisition Regulations). The Local Government agrees to submit monthly requests for reimbursement, using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the State's District Office, at the address specified on the signature page of this agreement. Page 20f7 I Ie I I I I I I I Ie I I I I I I I Ie I Articìe 4. Compensation (cont.) The State will exercise good faith effort to make payments within thirt)' days of receipt of properly prepared and documented requests for reimbursement. All payments, however, are contingent upon the availability of appropriated funds. Article 5. Contract Amendments The Local Government may request additional funds for additional tasks to be performed under this contract, and if the request isjustified by the Local Government and the State determines that the request is beneficia] to the State and the Local Government and to the purpose of the grant, a written amendment is to be executed to authorize additional tasks and additional funds, if additional funds are available. The amendment shall be agreed upon by the State and Loca] Government. Any such amendment shall be made before the termination of the contract as specified in Article 1. The Local Government can undertake at its own expense any activities associated with the approved project, but those additional activities will not be eligible for reimbursement by the State. Article 6. Inspection of Work The State shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or eval uation is made on the premises of the Local Government or subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. AI] inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 7. Disputes and Remedies The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. Disputes concerning performance or payment shall be submitted to the State for settlement with the Exective-Director of the Texas DeparUnent of Transportation acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ArticIe 8. Records The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the State for the purpose of making audits, examinations, excerpts, and transcriptions. Page 3 of7 I Ie I I I I I I I -- I I I I I I Ie I I Article 9. Reporting Tile Local Government shall promptly advise tt~e State in writing of events which have a significant impact upon the contract, including: · Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules or objectives, or pre- clude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. · Favorable developments or events that enable meeting time schedules and objec- tives sooner than anticipated or producing more work units than originally projected. Article ]0. Audit This contract shall be subject to audit for a three-year period from the date of the final financial report. Article 1]. Subcontracts Any subcontract for professional service rendered by individuals or organizations not a part of the Loca] Government's organization shall not be executed without prior authorization by the State. Subcontracts shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this con tract. Article 12. Termination · For Cause: Insufficient Funding The State may terminate this contract at any time before the date of completion when- ever it is determined that sufficient funds are not available to reimburse its share of the cost of the project. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination, specifying the date of termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period up through the time ofterinination. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. . For Cause: Nonperformance The State may terminate this contract at any time before the date of completion ifit determines that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government at least seven days prior to the effective date of termination and specify the effective date oftermi- nation and the reason for termination. The State shall compensate the Local Government for those eligible costs incurred during the contract period which are directly attributable to the completed portion of the project covered by this contract, provided that the work has been completed in a manner satisfactory to the State. The Local Government shall not incur new obliga- tions for the terminated portion after the effective date of termination. Page 4 of7 I Ie I I I I I I I -- I I I I I I Ie I I Artic]e 12. 1~ermination (cont.) · For Convenience If either party to this contract determines that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the determining party shall give notice to the other party of such determination, including the effective date and the portion to be terminated. The State may terminate this contract for reasons of its own, not subject to the approval of the Local Government. · Ownershi p of Documen ts Upon termination of this contract, whether for cause or for convenience, all finished or unfinished documents, data, studies, surveys, reports, maps, drawing, models, photo- graphs, etc. prepared by the Local Government shall at the option of the State become the property of the State. · Excepted Conditions Except with respect to defaults of subcontractors, the Loca] Government shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the -Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the àefault or negligence of the Local Government. Such causes may include but are not limited to acts of nature or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Local Government. Article ]3. Compliance with Laws The Local Government shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or admin- istrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations and licensing laws and regulations. When required, the Local Government shall furnish the State with satisfactory proof of its compliance therewith. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this contract. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without the written consent of the other. Article 15. Propert}' Management The Local Government shall use its own property management system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement, provided that the procedures are not in conflict with the State's property management procedures or property manage- ment standards outlined in 49 CFR 18 (Section 18.32), nUniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governmen ts." Page 5 of7 I Ie I I I I I I I -- I I I I I I Ie I I Article) 6. I~rocurement Standards The Local Government sÌ1á.ll maintain alld follow procurenlent star!dards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Article 17. DebarmenUSuspension The Local Government is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Local Government shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by tlle State, to furnish a copy of the certification. Article] 8. Insurance When directed by the State, the Local Government shall require its subcontractors to secure insurance in the maximum statutory limits for tort liability, naming the State as an addi tional insured unàer its terms. When so directed, the Local Governmen t shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period specified in Article 1. Article 19. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Executive Director. Any person doing business with or who reasonably speaking may de business with the State under this contract may not make any offer of benefits, gifts or favors to Depart- ment employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Article 20. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for dam- ages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. Further, the Local Government agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Loca1 Government or the State. Page 60f7 I Ie I 'I I I I I I -- I I I I I I Ie I I Article 21. Signatory Warranty The undersigned signatory for the Local Government hereby represents and warrants that he is an official of the organization for which he has executed this contract and that he has full and complete authority to enter into the contract on behalf of the Local Government. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. LOCAL GOVERNMENT: THE STATE OF TEXAS The City of N Ri rn 1 r1nn Hi 11 ~ Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, establishing as policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Under authority of resolution or ordi- nance number By Title By Date Traffic Operations Engineer Date ATIEST: Date For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): City of N. Richland Hills J.R. Stone Public Works Department P.O. Box 6868 P.o. Box 820609 Ft. Worth, Texas 76115-0868 N. Richland Hills, Texas 76182 (817) 292-6510 Page 7of7 I' CITY OF NORTH RICHLAND HILLS Department: Legal Department Ratifying Settlement of Rykhoek Lawsuit Subject: and Funding - Resolution No. 91-44 Council Meeting Date: 12/16/91 AgendaNumber:PAY 91-23 I I I I I Resolution No. 91-44 ratifies the action of the City Council Executive Session on November 25, 1991 where authority for settlement and funding was given. Recommendation: It is recommended that City Council approve Resolution No. 91-44. Source of Funds: Bonds (GO/Rev.) Operating Budge Other Finance Review Acct. Number Sufficient Funds Available <-Z( j/ ~ f .. rj·~/v~ , Finance Director Department Head Signature CITY COUNCIL ACTION ITEM City Manager 1 of 1- · lei I I I I I I I ft I I I I I I -- I I RESOLUTION NO. 91-44 WHEREAS, on November 25, 1991 the City Council authorized the settlement of a civil suit styled IIRykhoek vs. City of North Richlandll¡ and WHEREAS, the City Council authorized the payment of an amount not in excess of $30,000.00 to be withdrawn from the Utilities Retained Earnings Fund to fund such settlement¡ and WHEREAS, total cost of settlement, court costs and expenses amounted to $29,668.00 which has been withdrawn from said utilities Retained Earnings Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1 . The settlement of the said case of Rykhoek vs. City of North Richland Hills" is ratified. 2 . The withdrawal of the sum of $29,668.00 from the utilities Retained Earning Fund for the purpose of funding the settlement, costs and expenses is ratified. PASSED AND APPROVED this the 16th day of December, 1991. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I CITY OF NORTH RICHLAND HILLS Department: Leqal Council Meeting Date: 12/16/91 Authorization to Pay Escrowed Funds to Subject: Laidlaw Waste Systems - Resolution No. 91-45 Agenda Number: PAY 91-24 When the Council passed Resolution No. 91-39 on October 15, 1991, it required $0.23 per customer per month to be escrowed with the City. At this time we contemplated a possible ruling by the Attorney General that the State tax computation would not be $0.35 per customer. It appears that no such ruling will be forthcoming. In the meantime we are holding $0.23 per customer per month that Laidlaw owes the State. Resolution No. 91-45 directs the escrowed funds and future taxes be remitted to Laidlaw for payment to the State. Laidlaw is required to sign a Hold- Harmless Agreement prior to payment. Recommendation: It -is recommended that City Council approve Resolution No. 91-45. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM 72 I~ '(1 - -~~ , ..... City Manager , Finance Director Page 1 of I Ie I I I I I I I t' I I I I I I Ie I I RESOLUTION NO. 91-45 WHEREAS, by Resolution No. 91-39 the City was required to hold in escrow $0.23 per customer per month of the $0.35 State tax collected from solid waste customers; and WHEREAS, such sum was ordered withheld to protect the City in the event that the Attorney General of the State of Texas rules that the tax would be less than $0.35; and WHEREAS, it now appearing that no such ruling is forthcoming from the Attorney General. IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The order to hold in escrow $0.23 of the State tax each month from each solid waste customer is hereby repealed. 2. The Finance Director is ordered to pay over to Laidlaw Waste Systems (Sunbelt), Inc., the City franchise holder, the sums collected from the $0.23 per month escrow order contained in Resolution No. 91-39, and to pay over to said franchise holder the entire State tax collected in the future, so that the franchise holder can remit these taxes to the State of Texas. 3. The Director of Finance is directed to procure a Hold-Harmless Agreement in connection with the above payments from the franchise holder prior to making the initial payment . PASSED AND APPROVED this 16th day of December, 1991. APPROVED: Tommy Brown - Mayor A TIEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City I- ~ Ie I I 1 I I I I ~ I I I I 1 I Ie I 1 HOLD HARMLESS AGREEMENT TO: CITY OF NORTH RICHLAND HILLS The undersigned Laidlaw Waste Systems (Sunbelt), Inc. hereby holds the City of North Richland Hills harmless from payments of State taxes for solid waste disposal. This agreement is given in connection with Resolution No. 91-45 passed on December 16, 1991. The undersigned agrees to receive the tax funds referred to in such Resolution and pay all sums due for taxes to the State of Texas. In the event that a change occurs as to the interpretation of the amount due for State taxes and the amount is less than $0.35 per customer per month, the undersigned agrees to allow the City to rebate overcharges to customers and deduct the amount rebated from its future revenues. Signed this day of December, 1991. lAIDlAW WASTE SYSTEMS (SUNBELl), INC. By: Title I Ie I I I I I I I -- I I I I II I II Ie I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-159 Date: December 16, 1991 Subject: Formation of Parks Foundation The attached letter from Ms. Barbara Stahl is forwarded for your information. Ms. Stahl has requested to appear before the City Council under Citizens Presentation at the December 16th meeting. espectfully submitted, Dennis ~ Deputy City Manager DH:ph Attachment ISSUED BY THE CITY MANAGER NORTH RICHLAND HilLS, TEXAS I' ie I I I I I !I I P I I I I I I Ie I I Barbara Stahl 7804 Miracle Lane North Richland Hills, Texas 76180 817.281.3657 Dennis Horvath Deputy City Manager City of North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 3 December 1991 Mr Horvath: Recently I spoke with you about forming a parks foundation for North Richland Hills. This would be an organization dedicated to the acquisition and development of lands for park use. Through fund-raising, as well as conscious-raising activities, the foundation would work in partnership with the City to ensure adequate open space for the citizens of North Richland Hills. As members of this organization, we are willing to volunteer our time and energy. However, we cannot do it alone. We have requested the necessary paperwork from the IRS and the Secretary of State to organize a non-profit foundation. Unfortunately, it can be a lengthy and complicated procedure and we may need the City's help with these forms and applications. We hope the City understands the potential advantages of an organization such as this to our community and citizens and will be willing to support us. As a new foundation, our first priority will be fund-raising activities in order to secure the property on Starnes Road. As you know, that property is out of litigation and on the market. We have been in touch with the seller and have established an asking price. We are anxious to begin working immediately toward this nature park, the first in our area. We look forward to the next City Council meeting where a formal request for the City's help in forming a parks foundation will be presented. Thank you for your time. 6/r-¡~[Jv~,51f¡(¿~ Barbara Stahl cJ~ ~~ Jennifer Ward ce: Roger Line Jim Browne