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HomeMy WebLinkAboutCC 1989-02-27 Agendas I· I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA FEBRUARY 27, 1989 - 5:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. GN 89-25 The Refunding of Industrial Development Bonds by Tecnol and the Issuance of New Bonds - Resolution No. 89-15 (Agenda Item No. 19) (5 Minutes) 2. GN 89-23 Request for Waiver of Burn Permit Fee (Agenda Item No. 17) (15 Minutes) 3. GN 89-21 Request for Use of Concrete Exterior finish on Residential Houses in the Stonybrooke South Subdivision (Agenda Item No. 15) (15 Minutes) 4. PU 89-09 Award of Wrecker Contract (Agenda Item No. 21) (15 Minutes) I· Page 2 I NUMBER ITEM ACTION TAKEN I I 5. PZ 88-6 Reconsideration of Ordinance No. 1553 (Request of Americity I Federal Corp. for rezoning of Tracts lA2 and lA7, Thomas Sprouse Survey, Abstract 1399, I from AG (Agriculture) to C-l (Commercial), R-8 (Zero-Lot-Line I and R-3 (Single Family) (Located South of Bursey Road, East of I Rufe Snow and West of Western Oaks Addition) (Agenda Item No. I 8) (15 Minutes) 6. GN 89-17 Calling City Council Election - I Resolution No. 89-U- (Agenda Item No. 11) (5 Minutes) I 7. GN 89-18 Public Hearing on Smithfield I Road Assessments (Agenda Item No. 12) (10 Minutes) I 8. PW 89-07 Approve Budget for Calloway Branch Earthen Channel I Improvements (Watauga Road to Chapman Road through Richfield I Park) (Agenda Item No. 23) (5 Minutes) I 9. PW 89-08 Approve Budget for Meadow lakes Drive Drainage Improvements I (Meadow Lakes Drive along TU Electric Right-of-Way to Big I Fossil Creek) (Agenda Item No. 24) (5 Minutes) I I· I I I I I I I I I I I I I I I I I I Page 3 NUMBER ITEM ACTION TAKEN 10. Items on Consent Agenda not on Pre-Council - Items No.9, 10, 16, 18, 20 & 22) (5 Minutes) 11. Possible Work Session (5 Minutes) 12. Other Items (5 Minutes) 13. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 14. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. I· I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA FEBRUARY 27, 1989 For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. NUMBER ITEM ACTION TAKEN 1. Call to Order 2 . Roll Call 3. Invocation 4. Minutes of the Regular Meeting February 13, 1989 5. Presentation of IIGreen Thumb" Award by Project Pride Committee to Hardy Sanders of Bates Container, Inc. 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (9, 10, 16, 18, 19, 20, 22, 23, & 24) I· I I I I I I I I I I I I I I I I I I Page 2 NUMBER ITEM ACTION TAKEN 8. PZ 88-6 Reconsideration of Ordinance No. 1553 (Request of Americity Federal Corp. for rezoning of Tracts lA2 and 1A7, Thomas Sprouse Survey, Abstract 1399, from AG (Agriculture) to C-1 (Commercial), R-8 (Zero-lot-line) and R-3 (Single Family) (Located south of Bursey Road, east of Rufe Snow and west of Western Oaks Addition) (Public Hearing was held on February 13, 1989) * 9. PS 88-39 Request of Tar-Two, Inc. for Replat of Lot 5R, Block 1, Woodland Oaks Addition (Located on Nob Hill Drive, west of Precinct Line Road) *10. PS 89-1 Request of the City of North Richland Hills for Short Form Plat of Lot 1, Block 1, Green Valley Country Estates (Located at 7301 Bursey Road) 11. GN 89-17 Calling City Council Election - Resolution No. 89-1~ 12. GN 89-18 Public Hearing on Smithfield Road Assessments I· Page 4 I NUMBER ITEM ACTION TAKEN I I *20. GN 89-26 Ratification of Authorization Giving Notice of Intention to I Issue 1989 Series Revenue Bonds - Resolution No. 89-14 I 21. PU 89-09 Award of Wrecker Contract - Resolution No. 89-9 I *22. PU 89-10 Approval of Access Easement Dated I January 25, 1989 with St. Louis Southwestern Railway Company and I Payment of $500.00 for Easement - Resolution No. 89-16 I *23. PW 89-07 Approve Budget for Calloway Branch Earthen Channel I Improvements (Watauga Road to Chapman Road through Richfield I Park) *24. PW 89-08 Approve Budget for Meadow lakes I Drive Drainage Improvements (Meadow lakes Drive along TU I Electric Right-of-Way to Big Fossil Creek) I 25. Citizens Presentation I Mr. Clayton Collins 3852 Diamond Loch Drive West I Re: Violation of City Ordinances I 26. Adjournment I I· I I I I I I I I I I I I I I I I I I Page 3 NUMBER ITEM ACTION TAKEN 13. GN 89-19 Determining the Necessity for Improvements on Smithfield Road - Ordinance No. 1595 14. GN 89-20 Closing Hearing and Levying Assessments for Improvements of Smithfield Road - Ordinance No. 1596 15. GN 89-21 Request for Use of Concrete Exterior Finish on Residential Houses in the Stonybrooke South Subdivision *16. GN 89-22 Proposed Salary Ranges for Budget Director and Administrator of Contracts and Maintenance Positions 17. GN 89-23 Request for Waiver of Burn Permit Fee *18. GN 89-24 Setting Date for Run-off Elections - Resolution No. 89-13 *19. GN 89-25 The Refunding of Industrial Development Bonds by Tecnol and the Issuance of New Bonds - Resolution No. 89-15 I Ie I I I I I I I Ie I I I I I I Ie I I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 13, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order February 13, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Virginia Moody Byron Sibbet Linda Spurlock Staff: Dennis Horvath Jeanette Rewis Rex McEntire 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilwoman Senior Assistant City Manager City Secretary Attorney Absent: Frank Metts, Jr. Councilman Rodger N. Line City Manager 3. INVOCATION Councilman Garvin gave the invocation. Mayor Brown recognized Scout Master Tom Taurus of Troop 144. Mr. Taurus stated Troop 144 was chartered by the First United Methodist Church. Mr. Taurus stated the scouts were working on their communication merit. 4. MINUTES OF THE REGULAR MEETING JANUARY 23, 1989 APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the minutes of the January 23, 1989 meeting. Motion carried 5-0; Councilwoman Spurlock abstaining because of absence from the meeting. I Ie I I I I I I I Ie I I I I I I Ie I I February 13, 1989 Page 2 5. MINUTES OF THE SPECIAL MEETING JANUARY 30, 1989 APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the minutes of the January 30, 1989 meeting. Motion carried 4-0; Mayor Pro Tern Davis and Councilman Garvin abstaining because of absence from the meeting. 6. RESOLUTION IN MEMORIAL OF JACK FRISQUE Mayor Pro Tern Davis presented Mrs. Frisque with the following resolution: "WHEREAS, during his life as a resident of North Richland Hills, Jack Frisque gave freely of his time and talents to promote public projects and to improve the life of residents of the City; and WHEREAS, Jack Frisque served with distinction on the Civil Service Commission of the City; and WHEREAS, Jack Frisque departed this life on January 20, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. This City Council does hereby go on record in forceful expression of thanks to Jack Frisque for his many efforts so freely expended by him for the good of the citizens of this City. 2. Upon his death, the City Council expresses its deepest sympathy to the family of Jack Frisque. II 7. SPECIAL PRESENTATION TO RICHARD WARD Mr. Ward was not present, therefore Mayor Brown read the following proclamation: "WHEREAS, the act of risking one's o\'/n safety in order to save another's life is the ultimate act of heroism; and WHEREAS, such an act of heroism was dramatically performed in this City on January 25th, 1989 by Richard Ward when he saved the lives of "two small children who were threatened by an apartment fire; and I Ie I I I I I I I Ie I I I I I II Ie I I February 13, 1989 Page 3 WHEREAS, Mr. Ward performed this act without regard to his own safety and well-being; and WHEREAS, this act of heroism by Mr. Ward deserves special recognition. NOW, THEREFORE, I, Tommy Brown, Mayor of the City of North Richland Hills do hereby proclaim Tuesday, February 14th, 1989 as: "RICHARD WARD DAY" in the City of North Richland Hills and urge all citizens to join in this day of recognition. II 8. REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (14, 15, 16, 17, 18, 19, 20 & 21) APPROVED Mayor Pro Tern Davis moved, seconded by Councilwoman Spurlock, to approve the Consent Agenda. Motion carried 6-0. 10. PZ 88-6 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF AMERICITY FEDERAL CORP. FOR REZONING OF TRACTS lAl AND lA7, THOMAS SPROUSE SURVEY, ABSTRACT 1399, FROM AG (AGRICULTURE) TO C-l (COMMERCIAL), R-8 (ZERO-LOT-LINE) AND R-3 (SINGLE FMAILY) (LOCATED SOUTH OF BURSEY ROAD, EAST OF RUFE SNOW AND WEST OF WESTERN OAKS ADDITION) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Steven Sloan, 750 North St. Paul, representing Americity Federal Corp., appeared before the Council. Mr. Sloan stated that the original request presented to the Planning and Zoning Commission in May of 1988 was denied. Mr. Sloan stated an appeal hearing was granted and held by the Council in June of 1988 and Council referred it back to the Planning and Zoning Commission with instructions that the applicant work with the homeowners to achieve a better plan. Mr. Sloan stated they had worked with the homeowners and a plan that was acceptable to both parties had been worked out. Mr. Sloan stated they went back to the Planning and Zoning Commission in December and the request was denied. Mr. Sloan stated the homeowners had wanted the hquses to be 1,500 square feet but they did not want to place a stipulation on the property. Mr. Sloan stated that two of the Planning and Zoning I Ie I I I I I I I Ie I I I I I I ~ I I February 13, 1989 Page 4 members voiced opposition to the request. Mr. Sloan asked for rebuttal time. Mayor Pro Tem Davis stated that he had an interest in the property to the east and asked the Attorney if there was any reason he should not be able to act and vote on this request. Mr. McEntire replied no. Mr. Jarrett Miller, 6821 Old Mill Road, appeared before the Council. Mr. Miller stated the homeowners and developer had worked out a compromise. Mr. Miller stated they would like to see 1,500 square foot houses, but they did not want that to be a hold up on the property. Mr. Miller stated they were in favor of the request. Mayor Pro Tem Davis stated he felt the pOlnt that was not being addressed was that there were existing vacant lots to the north that were zoned R-3. Mayor Pro Tern Davis stated that the middle tract was being zoned R-8 and the existing homeowners wanted to get the R-8 zoning away from them, but did not want to get it away from the potential homeowners on Sagebrush Court. Mayor Pro Tern Davis stated if there were existing homeowners on the vacant lots they would be here objecting also. Mr. Miller stated that as he understood it all property owners were notified and there was no response. Mayor Pro Tern Davis stated he had very strong feelings against the R-8 zoning being next to the R-3. Councilman Sibbet asked Mr. Miller if it was the consensus of the homeowners to drop the requirement of 1,500 square foot houses. Mr. Miller replied yes. Mr. Gilbert Caldwell, 6813 Old Mill Road, appeared before the Council. Mr. Caldwell stated the developer and homeowners had worked out a compromise. Mr. Caldwell stated the homeowners had requested 1,500 square foot houses because they were under the impression that R-3 was 1,500 square feet minimum houses and they found it was only 1,400 square feet minimum. Mr. Steven Sloan reappeared before the Council. Mr. Sloan stated he notified all the people in the City's official notification area, the same people the city notified. Mr. Sloan stated the landowners in Western Oaks never responded to any of his requests or to the City IS. Mr. Sloan stated he recognized that the City needed to consider all property owners within the City, but he was also a property owner. Councilman Garvin stated he did not particularly care about putting R-8 zoning in that area. Councilman Garvin stated the application had come to I Ie I I I I I I I Ie I I I I I I ~ I I February 13, 1989 Page 5 the Council before and the applicant was directed to go back and work out a compromise with the residents, which he had done. Councilman Garvin stated the applicant had acted in good faith and he thought it would behoove the Council to act in good faith and go along with desires that had been worked out between both parties. Councilman Sibbet stated he was glad to see that the developer and homeowners had worked out an agreement. Mayor Pro Tern Davis stated he did not feel that the R-8 zoning was in the proper location and felt it would be spot zoning. Councilwoman Moody stated that only two residents had appeared in favor of the request and wondered how many were present that were in favor of it. Mr. Sloan stated there was no one else here, but he had met with the entire group and Mr. Miller and Mr. Caldwell were spokesmen for the group. Councilwoman Spurlock stated that in looking at the map, the R-8 would back up to Western Oaks. Councilwoman Spurlock stated the homeowners that were representing the other homeowners were present and since this was a compromise and what the Council had asked for, the Council should approve the request. Councilman Welch stated he wanted to agree with his fellow councilmen; however, he felt the Council owed the Planning and Zoning Commission something; they had denied it, this was their expertise and he felt their recommendation should be followed. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 11. ORDINANCE NO. 1553 APPROVED Councilwoman Moody moved, seconded by Mayor Pro Tern Davis, to deny Ordinance No. 1553. Mayor Pro Tem Davis stated he was prepared to approve the C-l and R-3 zoning. Mayor Pro Tern Davis stated that dissention of adjacent landowners did not always mean that they were disinterested and dissatisfied. Mayor Pro Tem Davis stated the public did put faith and trust in the Planning and Zoning Commission and the City Council and dissention did not negate their rights as a landowner. Mayor Pro Tern Davis stated the applicant did have the right to ask for the best use of the property, which he had done, and the Planning and Zoning Commission had told the Council that it was not best suited for that. Mayor Pro Tern Davis stated he concurred with the R-3 and C-l zoning, but the R-8 did make a major impact on the · adjacent landowners. I Ie I I I I I I I Ie I I I I I I ~ I I February 13, 1989 Page 6 After further discussion, Councilwoman Moody withdrew her motion and Mayor Pro Tem Davis withdrew his second. Mayor Pro Tern Davis moved, seconded by Councilwoman Moody, to approve the C-l, R-3 and upgrade the R-8 to R-3. Motion failed 4-2; Mayor Pro Tem Davis and Councilwoman Moody voting for and Councilwoman Spurlock, Councilmen Sibbet, Garvin and Welch voting against. Mayor Pro Tern Davis moved, seconded by Councilwoman Moody, to approve the C-l and R-3 zoning only. Motion failed 4-2; Mayor Pro Tem Davis and Councilwoman Moody voting for and Councilwoman Spurlock, Councilmen Sibbet, Garvin and Welch voting against. Councilman Sibbet moved, seconded by Councilwoman Spurlock, to approve Ordinance No. 1553. Motion carried 4-3; Councilwoman Spurlock, Councilmen Sibbet and Garvin voting for and Mayor Pro Tem Davis, Councilwoman Moody and Councilman Welch voting against and Mayor Brown voting for to break the tie. Mayor Pro Tem Davis stated this was the worst spot zoning he had ever seen the Council approve. 12. PZ 88-21 PLANNING & ZONING - PUBLIC HEARING - APPEAL HEARING - REQUEST OF J.B. JOHNSTON FOR REZONING OF LOTS lR AND 2R, BLOCK 6, MEADOW LAKES ADDITION FROM R-l (SINGLE FAMILY) TO O-I-PO (OFFICE PLANNED DEVELOPMENT) (LOCATED ON SOUTHWEST CORNER OF RUFE SNOW AT MEADOW LAKES DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Bob Frank, representing the applicant, appeared before the Council. Mr. Frank stated their request was for Planned Development Professional Office Use. Mr. Frank stated the building was residential in design and compatible with the neighborhood. Mr. Frank stated the additional traffic that would be generated by this use would be minimum. Mr. Frank stated if homes were built on these lots they would become rent houses and he did not believe that would benefit the neighborhood. Mr. Frank stated he felt what they had proposed would benefit the neighborhood. Councilman Sibbet asked about the landscaping area all being in the back and if the dumpster was going to be screened. Mr. Frank stated the dumpster would be screened by a brick wall and t~e landscaping was placed there to meet the requirement for the percentage of I Ie I I I I I I I Ie I I I I I I ~ I I . ~ February 13, 1989 Page 7 landscaping needed. Mr. Frank stated the parking was needed in the front and the landscaping would buffer the residences to the rear. Councilwoman Spurlock stated there were no provisions for landscaping around the building and she saw no plans for the dumpster screening. Councilwoman Spurlock asked how long the brick wall in the back was and if the brick wall on the west extended all of the way to the end. Councilwoman Spurlock asked if the parking space5 was the qualification for this type of building. Mr. Frank stated the brick wall in the back was approximately six feet and the brick wall on the south side adjacent to the housing was six feet to the building line. Mr. Frank stated the parking spaces did comply with the ordinance. Councilman Welch asked Mr. Frank if he would agree to decreasing the size of the building. Councilman Welch stated-the parking and landscaping did not look adequate. Councilman Welch asked how far the wall to the south of the building would be extended and if someone opposed the wall could it be worked out on how far to extend the wall. Mr. Frank stated he was willing to build as high or long a wall as the City·s ordinance would permit. Councilman Welch asked Mr. Frank if he would consider a 4,000 or 5,000 square foot building instead of 8,000 square feet. Mr. Frank stated he could compromise; the houses behind the building including the garages were 3,200 to 3,300 square feet. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. Ms. Dorothy Jones, 4909 Rufe Snow, appeared before the Council. Ms. Jones advised she was against the request. Councilwoman Spurlock asked Ms. Jones if she would prefer the fence go all of the way to the rear to separate the building from them. Ms. Jones replied if the request was approved, yes. Ms. Pat Tucker, 4913 lakeside Circle, appeared before the Council. Ms. Tucker stated they were promised it would be residential. Ms. Tucker stated if an office buildinq was built that would be spot zoning and she would like to see it stay rèsidential. Mr. Dennis Tucker, 4913 lakeside Circle, app~ared before the Council. Mr. Tucker stated he had lived there since 1980 and yOU could look down Rufe Snow Drive and see what would happen if you chañged the zoning. ~Mr. Tucker requested the City leave it residential. I Ie I I I I I I I Ie I I I I I I ~ I I February 13, 1989 Page 8 Ms. Cathy Olman, 6513 Meadow lakes Court, appeared before the Council. Ms. Olman stated the homeowners had presented a legal petition against this rezoning. Ms. Olman stated the main reason they were against the zoning was that it would devalue their property and increase traffic. Mr. George Michero, 6701 Karen, appeared before the Council. Mr. Michero stated he was against the zoning and if you read the minutes of the Planning and Zoning Commission you could see the reason why. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 13. ORDINANCE NO. 1591 DENIED - Councilman Welch moved, seconded by Councilwoman Moody, to deny Ordinance No. 1591. Councilman Garvin stated he felt it was not feasible to build a house there and would rather see a smaller building built. Councilwoman Spurlock stated she agreed with Councilman Garvin. Councilwoman Spurlock stated that if the Council could control what was put there, the looks of it, and place stipulations on the fences and landscaping, the Council would try their best to make it the best acceptable situation under the present circumstances. Councilman Welch stated this request had been before the Planning and Zoning Commission several times and each time it was denied. Councilman Welch stated the Council needed to respect the Planning and Zoning Commission's judgment along with the citizens. Motion carried 5-1; Mayor Pro Tern Davis, Councilwoman Moody, Councilman Garvin, Welch and Sibbet voting for and Councilwoman Spurlock voting against. *14. GN 89-11 SET DATE FOR PUBLIC HEARING ON SMITHFIELD ROAD - ORDINANCE NO. 1594 APPROVED *15. GN 89-12 PROJECT PARTNERS GRANT APPLICATION APPROVED *16. GN 89-13 MANAGEMENT CONTRACT ADDENDUM - RESOLUTION NO. 89-11 APPROVED I Ie I I I I I I I Ie I I I I I I I f I February 13, 1989 Page 9 *17. GN 89-14 APPROVE SPEED LIMIT ON AMUNDSON DRIVE OF 35 MPH - ORDINANCE NO. 1593 APPROVED *18. GN 89-15 AUTHORIZATION OF ADVERTISING SALE OF REVENUE BONDS APPROVED *19. GN 89-16 INTERLOCAL AGREEMENT WITH HALTOM CITY FOR GOLF COURSE PROJECT APPROVED *20. PU 89-07 DESIGNATION OF MID-CITIES DAILY NEWS AS THE OFFICIAL NEWSPAPER - RESOLUTION NO. 89-8 APPROVED 20a. PU 89-08 AWARD OF IRRIGATION CONTRACT ON GOLF COURSE APPROVED Mayor Pro Tem Davis moved, seconded by Councilman Welch, to approve PU 89-08. Motion carried 6-0. *21. . PW 89-06 APPROVAL OF MISCELLANEOUS PAVING AND DRAINAGE IMPROVEMENTS 1988 - CHANGE ORDER NO. 2 APPROVED 22. CITIZENS PRESENTATION A. MR. CLIFF STEVENS - 9201 KIRK LANE RE: BURNING PERMIT Mr. Stevens appeared before the Council. Mr. Stevens stated he was requesting to burn small trash and tree limbs to keep his property cleaned up. Mr. Stevens stated he had contacted the Fire Department and they advised him to contact the Air Control. Mr. Stevens stated the Air Control advised him they did not have a problem with him burning. Mr. Stevens stated he then contacted the Fire Department and was informed it would be $200 for the burn permit. Mr. Stevens asked the Council to waive the permit fee. Councilwoman Moody stated she knew that Mr. Stevens had been burning for years but fees were set for a reason. I Ie I I I I I I I ~ I I I I I I I ~ I February 13, 1989 Page 10 Councilman Garvin asked Mr. Stevens how many acres he had. Mr. Stevens stated his sister had 15 and he had 23 acres. Councilwoman Spurlock stated that since Mr. Stevens had been burning for many years she would like to see him grandfathered claused. Mayor Brown advised Mr. Stevens this request would be placed on the next City Council Agenda. B. MR. CLAYTON COLLINS - 3852 DIAMOND LOCH DRIVE WEST RE: VIOLATION OF CITY ORDINANCES Postponed at Mr. Collins request. Councilman Garvin announced that he wished to reconsider the rezoning case which was the subject matter of Item No. 10 on tonight1s agenda. Councilman Garvin pointed out that he voted with the majority on the motion to pass Ordinance No. 1553. Councilman Garvin made the motion to reconsider the vote at the next regular meeting; motion was seconded by Mayor Pro Tem Davis. Mayor Brown called for a vote. Councilmen Welch, Garvin, Mayor Pro Tem Davis, Councilwomen Moody and Spurlock voting for; Councilman Sibbet voting against. 23. ADJOURNMENT Councilwoman Moody moved, seconded by Mayor Pro Tem Davis, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: City Secretary I I I- I I I I I I Ie I I I I I I I tt I The Northeast TARRANT COUNTY CHAMBER OF COMMERCE INCORPORATED Serving Haltom City, North Richland HiUs, Richland HiUs, and Watauga February 6, 1989 Mrs. Jeannette Rewis, City Secretary CITY OF NORTH RICHLAND HILLS P.O. Box 18609 North Richland Hills, TX 76180 Dear Mrs. Rewis: May we please have five minutes on the agenda of your regular council meeting February 27th? Mrs. Wanda Strong, Chairman of the Chamber's Project Pride Committee, will use the time to present Hardy Sanders of Bates Container, Inc. the Nòrtheast Chamber's "Green Thumb" award for their consistent efforts in keeping their property beautifully kept and landscaped. Thank you very much. Sincerely, a~ 4·~c ðSim Pridemore Manager cc - Wanda Strong, Project Pride Chairman Dan Echols, Vice President - Public Sector Tim McClendon, President 5001 Denton Highway Fort Worth, Texas 76117 (817) 281..9376 I CITY OF NORTH RICHLAND HILLS Legal y 2/27/89 Council Meeting Date: Reconsideration of Ordinance No. 1553 . PZ 88-6 Agenda Number: Ordinance No. 1553 was passed by a 4-3 vote at the last Council Meeting on February 13, 1989. A councilperson on the prevailing side of that vote, at the same meeting on February 13th, made a motion to reconsider the vote at the next regular Council meeting. This motion carried by a 5-1 vote. Since the last meeting and before Thursday noon of last week, the City Secretary received a petition opposing the rezoning from a property owner who owns in excess of 20% of the property within 200 feet of the subject property. Recommendation: Pass a.motion to approve or disapprove Ordinance No. 1553. Source of Funds: Bonds (GO/Rev.) _ Operating Budget . Other Finance Review Acct. Number Sufficient Funds Available (2 fl ~~ Ignat City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 CITY OF NORTH RICHLAND HILLS Economic Development 2/27/89 Council Meeting Date: Department: ~ Request of Tar-Two Inc. for Replat ~l:Ibject: PS 88-39 Agenda Number: of Lot 5R, Block 1, Woodland Oaks Addition This Replat Application is presented for consideration of Lot 5R, Block 1, Woodland Oaks Addition. This property is located on Nob Hill Drive, west of Precinct Line Road. The purpose of this replat is to combine two lots so that a large house may be constructed. All engineering comments have been satisfactorily answered. The Planning and Zoning Commission approved the replat of Lot 5R, Block 1, Woodland Oaks Addition with the stipulation that the builder may construct a 48 inch non-sight barring fence on retaining wall for safety. 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R-I " ^.~ · 1-':2 ~ ~~:ltt-,: " I-I ' ~ _ ,§I / Ll...1 , _ _ 'I I AG I I I ';tel -:-' ...k.,.:; t,5:~/ ~,I"l--Jl" /1 f--~"'f"~l~~¡= R-3 I I - ;....."..~ - ~,.'j.\\-j" 1090 I / I;-) ~ .....;>..?\~ ~v'O .' , , " ~ '.' /" \\~A\ \ I I, ....... .^ \4....A\\ I " __ -2 ~~).), \ ~_.. I '" __ - AG ~ ~ ~ R-3 1452 ,// , - r---¡ ~ I '-1 JI ..--=._>- - I ( ( Ie I MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 9, 1989 - 7:30 P. M. I I CALL TO ORDER The meeting was called to Chairman, John Schwinger, I ROLL CALL PRESENT: Chairman Secretary Members I her . Planning/Dev. & Z Coordinator hn Schwinger David Barfield Don Bowen James Brock David Greene Pat Marin George Tucker Wanda Calvert I ABSENT: Mark Wood Ron Lueck I CONSIDERATION OF OF JANUARY 26, Mr. Barfield made the motion to approve the minutes with one amendment on page 9, name change. This motion was seconded by Ms. Marin and the motion carried 6-0. Ie I Chairman Schwinger stated that item #3, PZ 89-2, had been postponed and will be reset for a later date. I 1. PS 88-39 Request of Tar-Two Inc. for replat of Lot 5R, Block 1, Woodland Oaks Addition. I Since this is a replat in residential zoning, Chairman Schwinger opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. I I There being no one wishing to speak, the Chairman called for those wishing to speak in opposition to this replat to please come forward. I I Ie I There being no one wishing to speak, the Chairman closed the Public Hearing. I Page 2 P & Z Minutes February 9, 1989 ( Ie I I PS 88-39 APPROVED I I I I 2. ..'\ PS 89-1 I PS 89-1 APPROVED Ie I 3. PZ 89-2 I I I I I ADJOURNMENT I Ie I Secretary Planning & Zoning Commission (- Mr. Greene made the motion to approve PS 88-39. Mr. Barfield requested that Mr. Greene amend his motion to include allowing a barrier, a non-sight barring fence not more than 48 inches high to be built on the retaining wall. Mr. Greene amended his motion and Mr. Barfield seconded the amended motion. The motion carried 6-0. Request of the City of North Richlan Hills for Short Form Plat of Lot 1 Block 1, Green Valley Country E Mr. Brock made the motion t PS 89-1 with the stipulate n that when funds are available or e latteral becomes inadequate, at sewer will be installed. Mr. Bowen Request f Leonard Hazel to rezone Tract 4PIB, 4P2, & 4P3, A.G. Walker y, Abstract 1630, and the south of Lot 11, Block 1, Jack M. Estes Subdivision, from their present classification of C-2 Commercial to a proposed classification of 1-2 Industrial. This property is located on both sides of Flory Street, south of Glenview Drive. This request was postponed. The meeting adjourned at 7:35 P.M. Chairman Planning & Zoning Commission I Ie I I I I I I I 'Ie I I I I I I I Ie I .~ ( ( JOHN D. ZIMMERMAN P.E., R.P.S. REGISTERED PUBLIC SURVEYOR 2300 ROOSEVELT DR. UNIT C ARLINeTON. TEXAS 78018 (817) 481-0188 January 30, 1989 City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Attn: Kevin Miller P.E., Assistant Director of Public Works/Utilities Subject: PS 88-39; Replat of Woodland Oaks Addition, Block 1, Lot SR. Dear Kevin; 1;-,_have made the corrections on Items 1 thru 5 as requested. Should you have any questions please contact me. ër:¿et, ~n D. i .. P.E., R.P.S. I Ie I I I I I I I Ie I I I I I I I Ie I ( ( City of J'(ðrth Richland HiUs, Texas January 12, 1989 REF: PWM-OOOI-89 Memo to: Planning & Zoning Ccmnission From: Kevin B. Miller Assistant Director of Public Wbrks/Utilities Subject: PS 88-39; Replat of WOODLAND OÞ~S ADDITION, Block 1, Lot SR We have reviewed the subject dOC'lJI1ents and offer the following cornnents. 1. The bearings shown on the drawing along the north property line does not match those listed in the rætes and bounds description. 2 . The distance along the east property line does not match the distance indicated in the metes and bounds description. 3. Zoning for the subject replat and the contiguous lots should be clearly indicated on the plat. 4 . The existing roadway and rights-of-way should be shown and diIrensioned on the drawing. 5. The title should be revised to indicate the subject dOC'lJI1ent is a replat of Lots 5 & 6 not SR. 4:?á~ / , , /:. ... ... ..,.' , /' ~/7~ _' _ . .- Kevin B. Miller, -- .E. ' KBM/ ds (817) 281'()041"301 N.E. lOOP 8201P.O. BOX 18809/NORTH RICHLAND HillS, TX 78180 I ~ CITY OF NORTH 'RICH LAND HILLS I Economic Development .Department: ~ Request of the City of North Richland Hills Subject: I . 2/27/89 Council Meeting Date: PS 89-1 Agenda Number: for Short Form Plat of Lot 1, Block 1, Green Valley Country Estates I I I I I I I I I I I I I I I I This Short Form Plat Application is presented for consideration of Lot 1, Block 1, Green Valley Country Estates. This property is located at 7301 Bursey Road. The purpose of this plat is to bring the city's Senior Citizen property in compliance with the Subdivision Ordinance. All engineering comments have been satisfactorily answered. The Planning and Zoning Commission approved the Short Form Plat of Lot 1, Block 1, Green Valley Country Estates with the stipulation that when funds are available, connection to the city's sanitary sewer would be made or wh,en the present septic system becomes inoperative. RECOMMENDATION: It is recommended that council act on the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available ~f)/~ ead Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I_ I I I I I' I I ~ I-i I I I I I I I Ie ...... 'f~:- .'. ..," .:..:~ . ,:t:t;:.',,"f ': f :' ~ .;! ,:,,-,.: ,- , . . '.:W . -", .. .... .~ r _ _.~. , . - ~ .... ! " ~~: -..- '. r - - ': .- n . , o+- foe; ~AG ~~~ I.I...J ~::I~ R 2 AG ~~"OJ c- " '. . RI ->0-.>- ¡ ~~.._ \,1 1110 ~~'~.' ¡OJ ~ . ~f! .-m~~- ~ ~ TO JiiI I ~~~:::J R.3 II . c.-t . '. 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I ~ l'""tON....!.-'f"",l. := == T r T '- 1 r r J J J ~ :::~~_~~ _ ,.i ~ 0 ~ ....-. ~ C'~ ....-. !-- ~ - =~ t--f-..... ",-~ '= R - 2 =!--~ ~fID' ~~ ~~......_ ' :! ~.; r-- C' r---1 - - - [n" ~~- f-- Þ--~ i-- _ ¡{I-- ~~lèi-- ~ ~~ -tf¡~~ -=.~ -~ I!\ -10- " f--~ f- ~_+_ =~ ~ ·~l~~~-Ji2~: S-E~ ï" "¡ ..,.. ~ R-2 c-ç: ~ ._~ __ · 1227 ~ AG ~ __IT ~ .!1: -- I' 11 to- ..u. L. ~ R i-- ~ ,......,. ~- '--m MY 11 "- r I I ¡ .~ I r-- AG : .. Nr 1ëÞ,. .-2. ~. I~! «~~ 1"-1. ~ ~":.\ OJP. '$~ Api ~.'*1' I =-........:::::. :::1 ~ ~ -~ 1--0 - ~- ~;:¡¡ :: 2- ~ =~ - ~ R:t ~;~~ ~~rI!::' & - ~ ~~ :::. íiii" Ia.. .- ~ Ii ~ I &.1 ~ ri ~ ~ - ~ h'"f .. r-- I-e t:: ~h ~~ R-2 143. v ~H t-- r--1 f-~~ ~~~ R-2 f- ~ 1437 ~ r2= AG t:!!'t: ~I~ ~~I-- t=~~ L..- ~ U 1415 I Ie I I I I I I I Ie I I I I I I ~ I Ie I Page 2 P & Z Minutes February 9, 1989 ( PS 88-39 APPROVED 2. PS 89-1 PS 89-1 APPROVED 3. PZ 89-2 ADJOURNMENT Secretary Planning & Zoning Commission ( Mr. Greene PS 88-39. requested that Mr. Greene ame 1S motion to include allowing a arrier, a non-sight barring fence not more than 48 inches high to be built on the retaining wall. Mr. Greene amended his motion and Mr. Barfield seconded the amended motion. The motion carried 6-0. Request of the City of North Richland Hills for Short Form Plat of Lot 1, Block 1, Green Valley Country Estates. Mr. Brock made the motion to approve PS 89-1 with the stipulation that when funds are available or the latteral becomes inadequate, that sewer will be installed. This motion was seconded by Mr. Bowen and the motion carried 6-0. Request of Leonard Hazel to rezone Tracts 4PIB, 4P2, & 4P3, A.G. Wal Survey, Abstract 1630, and the uth 1/2 of Lot 11, Block 1, Jac . Estes Subdivision, from their esent classification of C- ommercial to a proposed classifi ion of 1-2 Industrial. s property is located on both si of Flory Street, south of Glen ew Drive. s request was postponed. The meeting adjourned at 7:35 P.M. Chairman Planning & Zoning Commission I Ie I I I I I I I Ie I I I I I I I Ie I ( ( City of Xörth Richland HiUs, Texas February 1, 1989 REF: PWM-0007-89 Memo to: Planning & Zoning Cœmission Fran: Kevin B. Miller, P.E. Assistant Director of Public WOrks/Utilities Subject: PS 89-01; Green Valley Coun~ Estates, Lot 1, Block 1 I have reviewed the subject docmnents and offer the following comnents. 1. Zoning should be shown for all adjacent tracts as well as the one being platted. 2 . All property corners should be identified as "found" or "set" iron rods. 3 . Dinensions should be gi ven for the existing right-of-way. In addi tion, sufficient infontlation should be given to locate the limits of the existing pavement wi thin that right-of-way. 4. This lot is not currently se:rved by City sewer. There is a City main which appears to be accessible and is approximately 300 feet fran the site. Construction plans should therefore be suhnitted for the extension of 'a 6 inch pipe to this si te. ~ L~~£ ' .., ~ /"'// // ' "', /'7~ .',' , 'L- /Kevin B. Miller, .E. ,. KBM/ds cc: Mr. George Tucker, Director of Planning & Development (817) 281.0041"301 N.E. LOOP 820IP.O. BOX 18809/NORTH RICHLAND HILLS, TX 78180 CITY OF NORTH RICHLAND HILLS ubject: Administration 2/27/89 Council Meeting Date: Calling City Council ELection, Resolution No. 89-12 A d N b GN 89-17 gen a urn er: Department: The attached resolution is submitted for the purpose of calling an election to be held on May 6, 1989, for the election of council persons to City Council Places 1, 3, 5, and 7. The resolution also provides for the appointment of election judges. Recommendation: Approve Resolution No. 89-12. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~-«(:tÆ-' A,u";.ð¿ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ~ 1l/~. City Manager , Finance Director Page 1 of 1 I I f- I I I I I I ~ I I I I I I I ~ I ~ RESOLUTION NO. 89-12 BE IT RESOLVED AND ORDERED, by the City Council of North Richland Hills, County of Texas, that said City election be called for the election of four (4) Council persons to Places 1, 3, 5, and 7 for said City as provided by the laws of the State of Texas. Section 1. That said election be held on the 6th day of May, 1989, A.D., between the hours of seven o'clock a.m. and seven o'clock p.m. Section 2. Qualified persons may file as candidates by filing with the Mayor, in the office of the City Secretary, between the hours of eight a.m. and five p.m., Monday through Friday, on or before March 22, 1989. Section 3. Voting shall take place at the following locations for the following voting precincts: Precinct Nos. Polling Locations 3191, 3214, 3324, 3333, 3041, 3364 & 3366 3215, 3140, 3326 & 3289 3209, 3063, 3049, 3177 & 3367 City Hall - 7301 Northeast Loop 820 Fire Station - 6801 Glenview Drive Fire Station - 8300 Starnes Section 4. That the following named persons shall serve as election officials: CalLuper Susan Burk Sherry Arnold Jane Bell Election Judge: Assistant Judge: Assistant Judge: Assistant Judge: Alternate Asst. Judge: and such clerks as may be needed and appointed by the Election Judge. The following persons are appointed as the Absentee Ballot Board: Chief Judge: Member: Member: Jeanette Rewis Section 5. Absentee voting shall commence April 17, 1989, at 8:00 a.m., and shall continue Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. through May 2, 1989. Such absentee voting shall take place in the office of the City Secretary in the City Hall. (The Conference Room and the City Council Chambers shall be considered an extension of the City Secretary·s office for absentee voting.) Section 6. All qualified voters residing within the corporate limits of the City of North Richland Hills, County of Tarrant, State of Texas, shall be entitled to vote at said election. I I f· I I I I I I ~ I I I I I I I ~ I ~ Resolution No. 89-12 Page 2 Section 7. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election on May 6, 1989, and voting machines are hereby adopted as the method of voting at such election. PASSED AND APPROVED by the City Council of the City of North Richland Hills this 27th day of February, 1989. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City .epartment: Subject: CITY OF NORTH RICHLAND HILLS Public Works - 2/27/89 _ Council Meeting Date: Public Hearing on Smithfield Road Assessments GN 89-18 Agenda Number:_ The Mayor will open a Public Hearing and interested property owners will have an opportunity to speak. .. Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ Othe~ -""- é artm n Finance Review . Acct. Number Sufficient Funds Available , ~~ k, R 11/~ City Manager . Finance Director ead Signature CITY COUNCIL ACTION ITEM Paae 1 of 1 ~----- ~ CITY OF . NORTH RICHLAND HILLS Department: ttubject: Public Works Determining the Necessity for Improvements on Smithfield Road - Ordinance No. 1595 " Council Meeting Date: 2/27 /89 Agenda Number: GN 89-19 The attached ordinance determines the necessity for improvements on Smithfield Road. Also attached is Ordinance No. 1338, dated January 27, 1986, which establishes the method of calculation and criteria used in establishing assessment rates. For clarification purposes, the assessment roll attached to Ordinance No. 1595 is divided in two sections: 1) property located on the west side of the street; 2) property located on the east side of the street. The first column indicates the current usage of the property and the abbreviation used are as follows: NF - nonresidential front NS - nonresidential side NR - nonresidential rear RF - residential front RS - residential side RR - residential rear The next three columns indicate the property owners name, property description and the amount of frontage on Smithfield Road. The next column IIASSESS RATE" indicates the rate of assessment, based on the usage indicated on the key in the upper right corner of the assessment roll, for instance Parcel #1 - west ~ide, Mr. John Hum. His assessment rate is $60.08, based 'on the usage of NF. The next column is the credits column. This ~olumn indicates the credit received by the property owner for any existing curb and ~utter. Where large amounts of credit are shown, it would indicate that the prop~rty owner has prepaid the assessment or a covenant is on file. The last column is the front footage times the assessment rate minus the apparent credits. The CIP Committee has recommended that sidewalks be constructed on the east side of Smithfield Road only. Please note on the key in the upper right of the assessment roll that residents on the west side of the street are not assessed for sidewalks "(NO SW.)II and property owners on the east side are assessed at a higher rate to include sidewalks II (W/SWLK)". The staff and City Engineer will be available in Pre-Council to answer any questions. Recommendation: It is recommended that the City Council approve Ordinance No. 1595. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available ..Operating Budget _ _Other t1 . u44~~~!êØl7~ . Department Head Signature ' City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I, I . e I I I I I I I Ie I I I I I I I Ie I t ORDINANCE NO. 1595 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: SMITHFIELD ROAD FROM TURNER DRIVE TO JOHN AUTREY ROAD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREFORE FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR METHODS OF PAYMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATIVE TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer for the City of North Rich1and Hills, Texas, has prepared plans for specifications for the improvement of the hereinafter described portions of street, avenues, and public places in the City of North Richland Hills, Texas, and same having been examined by the City Council of the City of North Rich1and Hills, Texas, and found to be in all matters and things proper; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I . There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, to wit: (See attached charts) I I . Each unit above described shall be and constitute'a separate and independent unit of improvements and the assessments herein provided for shall be made for the improvements in each units according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. III. The hereinabove described plans and specifications are hereby approved and adopted. I Ie I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1595 Page 2 IV. Each of the above described portions of streets, avenues, and public places in the City of North Richland Hills, Texas, shall be improved by raising, grading and filling same and by constructing thereon an asphaltic concrete surface together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the plans and in strict accordance with the plans and specifications therefore. V. Bids having been advertised for as required by the Charter of the City of North Richland Hills, Texas, and the bid having found to be the lowest and best bid for the construction of said improvements, the work of constructing said improvements and contract therefore is hereby awarded for the prices stated in the proposal of said company as recorded and recommended by the City's Engineer, which said report and recommendation is on file with the City, the Mayor and City Secretary, and hereby directed to execute the said contract in the name of the City of North Richland Hills, Texas, and to impress the corporate seal of the City thereon, the said contract embracing, among other things, the prices for the work. VI. To provide for the payment of the indebtedness incurred by the City of North Richland Hills, Texas, by said contract, there is hereby appropriated out of avail"able funds and current revenues of the City, an amount sufficient to pay said indebtedness so incurred. VII. The cost of said improvements as herein defined shall be paid for as follows, to wit: (a) On Smithfield Road from Turner Drive to John Autrey Road in the City of North Richland Hills, Texas, the property abutting on that portion of the street to be improved and the real and true owners thereof shall pay for these improvements at the rate of (see attached schedule a.) linear front foot for all property fronting on said street which in no way exceeds nine-tenths (9/10ths) of the estimated costs of the improvements in addition to curb and gutters. (b) The City of North Richland Hills shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out above in subsection (a). The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof shall constitute a first and prior lien upon such I Ie I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1595 Page 3 properties and a personal liability of the real and true owners thereof, and shall be payable as follows, to wit: When the improvements are completed and accepted by the City on a particular unit, the same assessed against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of such completion and acceptance, and the assessments against the property abutting upon the remaining units shall be and become due and payable in installments after the date of completion and acceptance of such respective unit. The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of eight percent (8%) per annum, payable annually except as to interest on the first installment, which shall be due and payable on the date said installment matures, provided that any owner shall have the right to pay any and all such installments at any time before maturity by paying principal, with interest accrued to the date of payment, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City of North Richland Hills or its assigns, the entire amount of the assessment upon which default is made shall be and become immediately due and payable; but it is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by law in force in the City, nor shall any assessment be made in any case until after notice and hearing as provided by law. Said assessments against the respective löts and parcels of property and owners thereof shall be evidenced by certificates of special assessment which shall be executed in the name of the City of North Richland Hills, provided, however, that the City of North Richland Hills retains the right to authorize payment of the sums assessed against property abutting upon such completed and accepted unit in a period of not more than four (4) years in equal regular installments or not less than TEN AND NO/IOO DOLLARS each, the first of such installments to become due and payable not more than thirty (30) days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of North Richland Hills, a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said owner or owners according to the terms thereof of the sums assessed against such property. VIII. The assessments against the respective lots and parcels of property and the owners thereof may be evidence by certificates of special assessment, which shall be executed in the name of the City by the Mayor of said City, and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several installments, which the assessment is I Ie I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1595 Page 4 payable, which certificates shall be issued to the City of North Richland Hills, shall recite the terms and time of payment, the amount of assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantially that all proceedings with reference to the making of such improvements have been regularly had in compliance with law, and the prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such recitals shall be prima facie evidence of the matters so recited, and no further proof thereof shall be required in court, and the certificates shall provide substantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of the City of North Richland Hills, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District, and City ad valorem taxes. No error or mistake in naming any owner or in describing any property or any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property except by law from the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other additional recitals pertinent thereto. IX. The City Engineer of the City of North Rich1and Hills, Texas, be and he is hereby ordered and directed to file with the City Council estimate of cost of such improvements in each unit. x. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of Article 1220a of Vernon's Texas Civil Statutes and amendments thereto. XI. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth legislature of the State of Texas, now shown as Article 1005b of Vernon's Texas Civil Statutes, and under which law these proceedings are taken and had. XII. I Ie I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1595 Page 5 The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete Ordinance in the appropriate Ordinance Records of this City. XIII. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordered. PASSED AND APPROVED this 27th day of February, 1989. Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I, I . _ I I I, I NF I· NF I I Ie '- SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS . Ci ty of North Richland Hills, Texas Design ~. - ASS E S SHE N T R 0 L L February "7, 1989 Non-Res. USAGE NF NS NR RF RS RR VEST CREDIT TOT. ASS. C/G '~(NO SV.) 7.15 60.08 7~15 33.62 7.15 24.79 5.01 22.65 5.01 13.84 5.01 10.89 'NF UNIT NO. PROPERTY OVNER AND ADDRESS * * * PROPERTY DESCRIPTION K ELL E R - S M· I T H FIE L D ( Vest Side ) 1. John Hum 1563 Terry N.R.H., Texas 76180 " John He Comas Survey Abst. 1040, Tr. 2A4 Vol. 7488, Pg. 2072 2. Joe V. Tirk John He Comas Survey 909 John McCain Abst. 1040, Tr. 2A3 Colleyville, Texas 76034 Vol. 5039, Pg. 83 3. Jenny Coleman 13220 Erwin Van Nuys, Ca. 91401 4. David Melville Rt. 1, Box 392-B Azle, Texas 76020 I NF 5. Villiam R. Beasley 6917 Smithfield Rd. N.R.H., Texas 76180 I RF 6. Marguirete Morrow 7007 Smithfield Rd. I RF N.R.H., Texas 76180 ,- -...1 7. Marguirete Morrow 7007 Smithfield Rd. I N.R.H., Texas 76180 RS 8. Hassan S. AI! I 7833 Noneman N.R.H., Texas 76180 INF 9. Ramiro M. Balero 3208 Denman Ft. Vorth, Texas 76119 INF 10. Texas American Bank P.O. Box 2050 1_ Ft. Vorth, Texas 76113 I Villiam Cox Survey · Abst. 321, Tr. 6A5 Vol. 7976, Pg. 1703 Villiam Cox Survey Abst. 321, Tr. 6Al Vol. 9256, Pg. 2319 Vllliam Cox Survey Abst. 321, Tr. 6A -, Vol. 7733, Pg. 1768 Villiam Cox Survey Abst. 321, Tr. 6A2 Vol. 2817, Pg. 329 ~ Briarwood Estates Tr. A, Block 3 Vol. 6735, Pg. 765 Briarwood Estates Lot 1, Block 1 Vol. 7755, Pg. 941 Briarwood Estates Lot 13, Block 1 Vol. 388-173, Pg. 84 ,Briarwood Estates Lot 12, Block 1 . Vol. 8328, Pg. 441 Residen. FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. R 0 A D 105.37 60.08 104.74 60.08 368.80 60.08 157.50 60.08 57.70 60.08 100.00 22.65 44.10 22.65 115.00 13.84 105.00 60.08 75.42 60.08 * * * $753.40 $5,577.23 $748.89 5,543.89 0.00 22,157.50 '0.00 9.,462.60 0.00 3,466.62 0.00 2,265.00 0.00 998.86 0.00 1,591.60 0.00 6,308.40 0.00 4,531.23 .. PAGE 1 OF 7 I, Ie I I I I I I NF 12. V.H. Sutton P.O. Box 18793 Ft. Vorth, Texas 76118 I NF 13. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II 1202 Lot 30, Block 4 . Euless, Texas 76040 Vol. 388-176, Pg. 50 114It 14. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II 1202 Lot 31, Block 4 I Euless, Texas 76040 yol. 388-176, Pg. 50 NF 15. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II 1202 Lot 32, Block 4 II Euless, Texas 76040 . Vol. 388-176, Pg. 50 I ..- ----- SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas ~ . -. . - -. --.... .. Design ASS E S SHE N T R 0 L L ..' .... UNIT NO. PROPERTY OWER AND ADDRESS -* * * February 7, 1989 PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. K ELL E R .. S HIT H FIE L D ( Vest Side ) * * * RF 11. Delbert V. VestoD 7117 Smithfield Rd. N.R.H., Texas 76180 NF 16. Century Jt. Venture c/o Villiam Pasteur 2275 Vestpark Ct. 1202 Euless, Texas 76040 I NF 17. FDIC-Quail ·Prop. P.O. Box 802090 Dallas, Texas 75380 II RS 18. Michael Losat, Jr. P.O. Box 80042 N.R.H., Texas 76180 II RS 19. Virginia Rankin 7721 Cedar Park Ave. Ft. Vorth, Texas 76180 I Ie I R 0 A D Briarwood Estates Lot 11, Block 1 Vol. 7542, Pg. 441 80.00 22.65 0.00 $1,812.00 0.00 8,723.62 0.00 5,367.55 0.00 4,205.60 0.00 4,205.60 0.00 62,235.67 . 0.00 32,735.79 0.00 1,770.14 0.00 1,741.07 Briarwood Estates Lot 16, Block 2 Vol. 9218, Pg. 1539 145.20 60.08 89.34 60.08 70.00 60.08 70.00 60.08 Villiam Cox Survey Abst. 321, Tr. 5 , Vol. 6699, ·Pg. 448 1035.88 60.08 Villiam D. Barnes Survey Abst. 146, Tr. lAI ·Vol. 8801, Pg. 1661 544.87 60.08 Kingswood Estates Lot 1, Block 3 Vol. 7129, Pg. 1142 127.90 13.84 Kingswood Estates Lot 12, Block 2 Vol. 7460, Pg. 2060 125.80 13.84 v: PAGE 2 OF 7 I I ' _ I I I I I IRS 21. David R. Villiams 7721 Evergreen Ave. N.R.H., Texas 76180 IRS 22. George Vegas 7720 John Autry N.R.H., Texas 76180 I_ I NF 23. Onward, Inc. 13220 Erwin Van Nuys, Ca. 91401 II NF 24. Doyle E. Horrison 106 N. Clark I Comanche, Texas 76442 RF 25. Eddie E. Vel born 7004 Smi thfield._Rd. I N.R.H., Texas 76180 I RF 27. Mark Harper II 7012 Smithfield Rd. N.R.H., Texas 76180 I I_ I b. SMITHFIELD ROAD PAVING AND'DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas Design - - ASS E SSM E N T R 0 L L February 7, 1989 Non-Res. USAGE NF NS NR RF RS RR EAST CREDIT TOT. ASS. C/G (V/SVLK) 7.15 68.88 7.15 42.42 7.15 33.59 5.01 28.81 5.01 20.00 5.01 17.05 UNIT NO. PROPERTY OYNER AND ADDRESS .* * * PROPERTY DESCRIPTION K ELL E R - S HIT H FIE L D ( Vest Side ) RS 20. Elmer Ray Cox, Jr. 7720 Evergreen Ave. N.R.H., Texas 76180 * * * Kingswood Estates Lot 1, Block 2 Vol. 6086, Pg. 268 Kingswood Estates Lot 12, Block 1 Vol. 8099, Pg. 421 Kingswood Estates Lot 1, Block 1 Vol. 8588, Pg. 968 K ELL E R - S HIT H FIE L D ( East Side ) RF 26. Curtis·L. Fletcher 7008 Smithfield Rd. N.R.H., Texas 76180 Eliza Cross Survey Abst. 281, Tr. lAl Vol. 8415, Pg. 567 Smithfield Acres Lot 11, Block 1 Vol. 6545, Pg. 994 Smithfield Acres Lot 10, Block 1 Vol. 6094, Pg. 551 Smi th.field Acres Lot 9, Block 1 Vol. 7598, Pg. 766 Smithfield Acres Lot 8, Block 1 Vol. 8737, Pg. 1602 Residen. FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. R 0 A D * * * 0.00 1,741.07 0.00 1,741.07 0.00 1,741.07 125.80 13.84 125.80 13.84 125.80 13.84 R 0 A D * * * 0.00 13,018.32 0.00 4,408.32 0.00 1,840.96 0.00 1,840.96 189.00 68.88 64.00 68.88 63.90 28.81 63.90 28.81 63.90 28.81 0.00 1,840.96 ~ PAGE 3 OF 7 I, I . e I I I I I RF 29. Kelly R. Beebe .11 7020 Smithfield76R1d. N.R.H., Texas 80 I RF 30. Tom V. Carlson 7024 Smithfield Rd. N.R.H., Texas 76180 t SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS· City of North Richland Hills, Texas ..'C _ Design ASS E SSM E N T February 7, 1989 R 0 L L UNIT NO. PROPERTY OWER AND ADDRESS * * * PROPERTY DESCRIPTION K ELL E R · S HIT H FIE L D ( East .Side ) RF 28. Don E. Cockroft 7016 Smithfield Rd. N.R.H., Texas 76180 Ie 31. The Odore C. Falls 7028 Smithfield Rd. N.R.H., Texas 76180 II RF 32. Susan Dunn 7032 Smithfield Rd. N.R.H., Texas 76180 I I NF 34. I RF 33. Allen G. Vallace 7036 Smithfield Rd. N.R.H., Texas 76180'-- James S. Osborh~_ 14709 Tanglewood Ln. Farmers Branch, Tx 75023 I RF 35. John V. Sims 7100 Smithfield Rd. N.R.H., Texas 76180 I RF 36. Katrina L. Johnson 7104 Smithfield Rd. N.R.H., Texas 76180 I Ie I Smithfield Acres Lot 7, Block 1 Vol. 8765, Pg. 2151 Smithfield Acres Lot 6, Block 1 Vol. 7911, Pg. 1833 Smithfield Acres Lot 5, Block 1 Vol. 7869, Pg. 2132 Smithfield Acres Lot 4, Block 1 Vol. 6780, Pg. 673 Smithfield Acres Lot 3, Block 1 . Vol. 8936, Pg. 2241 Smithfield Acres Lot 2, Block 1 Vol. 7258, Pg. 1999 Smithfield Acres Lot 1, Block 1 Vol. 5751, Pg. 271 Smithfield Acres Lot 8, Block 2 Vol. 9002, Pg. 1775 Smithfield Acres Lot 7, Block 2 Vol. 7248, Pg. 1832 FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. R 0 A D 63.90 28.81 63.90 28.81 63.90 28.81 63.90 28.81 63.90 28.81 63.90 28.81 63.90 68.88 62.62 28.81 62.00 28.81 * * * 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 456.88 3,944.55 313.73 1,490.36 310.62 1,475.60 PAGE 4 OF 7 I, I . e I I I I I I RF 38. Rueben P. Higgs 7112 Smithfield Rd. N.R.H., Texas 76180 I RF 39. Rodolfo Garcia 7116 Smithfield Rd. N.R.H., Texas 76180 t SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS' City of North Richland Hills, Texas ., ~ Design ASS E S SHE N T February 7, 1989 R 0 L L UNIT NO. PROPERTY OVNER AND ADDRESS .* * * PROPERTY DESCRIPTION K ELL E R - S M I T H FIE L D ( East .Side ) RF 37. Vilbur J. Stewart 7108 Smithfield Rd. N.R.H., Texas 76180 Ie 40. Michael Spinks 7120 Smithfield Rd. N.R.H., Texas 76180 I RF 41. Stephen Carter 7124 Smithfield Rd. N.R.H., Texas 761aO I . NF 42. Barney E. Calvert, Jr. 7516 Creekling Dulu th, Ga. 30136 ..-, -,~ I CV 43. Boat Club Estateß, Inc. I 5300 Boat Club Rd. Ft. Vorth, Texas 76135 I CV 44. Boat Club Estates, Inc~ 5300 Boat Club Rd. Ft. Vorth, Texas 76135 I CV 45. Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 I CV 46. Ie I Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 Smithfield Acres Lot 6, Block 2 Vol. 5786, Pg. 378 Smithfield Acres Lot 5, Block 2 Vol. 5082, Pg. 587 Smithfield Acres Lot 4, Block 2 Vol. 6940, Pg. 809 Smithfield Acres Lot 3, Block 2 Vol. 5174, Pg. 865 Smithfield Acres - Lot 2, Block 2 . Vol. 8793, Pg. 1253 Smi thfield Acres' Lot 1, Block 1 Vol. 7042, Pg. 2102 Coventry Place Estates Lot 16Rl, Block 5 Vol. 8979, 'Pg. 1626 Coventry Place Estates Lot ISRI, Block 5 Vol. 8979, Pg. 1626 'Coventry Place Estates Lot 14Rl, Block 5 Vol. 8979, Pg. 1626 Coventry Place Estates Lot 13Rl, Block 5 Vol. 897J, Pg. 1626 '''I': FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. R 0 A D * * * 62.00 28.81 0.00 1,786.22 62.00 28.81 0.00 1,786.22 62.00 28.81 310.62 1,475.60 62.00 28.81 310.62 1,475.60 62.00 28.81 310.62 1,475.60 62.00 68.88 443.30 3,827.26 87.35 60.00 5,241.00 0.00 70.00 60.00 4,200.00 0.00 70.00 60.00 4,200.00 0.00 95.59 60.00' 5,735.40 0.00 PAGE 5 OF 7 I I . e I I I I CV 47. Boat Club Estates, Inc. 5300 Boat Club Rd. I Ft. Vorth, Texas 76135 I CV 49. Boat Club Estates, Inc. I 5300 Boat Club Rd. Ft. Vorth, Texas 76135 l SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas ~ -. Design ASS E SSM E N T R 0 L L UNIT NO. PROPERTY OWNER AND ADDRESS * * * February 7, 1989 PROPERTY . DESCRIPTION K ELL E R · S M I T H FIE L D ( East Side ) CV 48. Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 1_ 50. Charles V. Beane Carl H. Nelson LawrenceoR. Lynd P.O. Box 18953 Ft. Vorth, Texas 76118 I I I NF 52. Villiam Howard Long 7402 Smithfield Rd. N.R.H., Texas 76180 I NF 53. Annie Brewer 2127 Primrose Ft. Vorth, Texas 76111 II NF 54. A.F. Jernigan 7608 Smithfield Rd. I N.R.H., Texas 76180 NS 55. Jimmie V. Vest Rt. 2, Box 192 E II Bellview, Texas 76228 ~ 56. Rocky Turner I~ 7801 Redwood Ct. N.R.H., Texas 76180 NF 51. Goode, Inc. P.O. Box 18793 . N.R.H., Texas 76180 I Villiam V. Barnes Survey Abst. 146, Tr. ID Vol. 4706, Pg . 471 235.98 68.88 Villiam V. Barnes Survey Abs t . 146, Tr. 1 Vol. 4713,· Pg. 190 195.90 68.88 Villiam V. Barnes Survey Abs t . 146, Tr. lC . Vol. 3150, Pg. 247 331.45 68.88 . Coventry Place Estates Lot 12Rl, Block 5 Vol. 8979, Pg. 1626 Coventry Place Estates Lot 15Rl, Block 5 Vol. 8016, Pg. 1822 Coventry Place Estates Lot 17R, Block 2 Vol. 8016, Pg. 1822 Coventry Place Estates Trac t AR Vol. 8101, Pg. 1376 Villiam V. Barnes Survey Abst. 146, Tr. 2 Vol. 6675, Pg. 932 Crestwood Estates Lot 16, Block 9 .Vol. 8458, Pg. 573 Crestwood Estates Lot 1, Block 9 Vol. 8987, Pg. 1492 FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. R 0 A D *. 114.95 60.00·6,897.00 0.00 115.00 60.00 6,900.00 0.00 128.60 60.00 7,716.00 0.00 526.61 67.41 35,498.78 0.00 0.00 16,254.30 0.00 13,493.59 . 0.00 22,830.28 180.00 68.88 0.00 12,398.40 142.95 42.42 0.00 6,063.94 142.37 20.00 0.00 2,847.40 PAGE 6 OF 7 t I, I ' _ I I I I I I I I_ I I I I I I I I" I SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas Design ~ - ASS E S SHE N T R 0 L L February 7, 1989 UNIT NO. PROPERTY OYNER AND ADDRESS PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. .* * * K ELL E R · S HIT H FIE L D R 0 A D * * * G RAN D TOT A L S 6',840.23 46.00 (AVG.) $314,622.54 PAGE 7 OF 7 .0, ~- I... \' Ie I I I I I I' I Ie -I I I I I I I Ie I t ORDINANCE NO. 1338 t©~y WHEREAS, the City of North Richland Hills, recognizing that equity requires that abutting property owners to streets being improved must bear an equitable share of the costs involved in accordance with Texas Law, and subject to the limitation that no property will be assessed for more than the value added to said property, does hereby adopt the following general rules regarding street improvement assessments. They will be applicable to construction, reconstruction, and major maintenance projects where substantial improvement results and abutting property is increased in value. NOW, THEREFORE, Be it ordained by the City Council of the City of North Richland Hills, Texas, that: 1. Resolution No. 79-28 is repealed. 2. The following percentage of actual costs shall generally be assessed: Real Property Actually Used for Single Family (2) Residence, R-l, R-2 or R-3 (4) Curb, Gutter and Sidewalks (3) Storm Drainage & Paving (1) State and Federal Highways (City Share) (To Include Federal Urban System Projects on City Streets) Thoroughfare Streets Collector Streets Residential Streets 60% 60% 70% 80% All Other Property tl~ Curb, Gutter and Sidewalks (3) Storm Drainage & Paving 50% 50% 60% 70% State and Federal Highways (City Share) (To Include Federal Urban System Projects on City Streets) Thoroughfare Streets Collector Streets Residential Streets 100% 100% 100% 100% 80% 80% 90% 90% Note 1 - No assessment for paving will be made where those costs are borne for storm drainage and paving by state and/or federal funds, one half the rates specified shall be assessed if construction is part of a Bond program on residential property (actually used), R-l, R-2 or R-3. I.. ~ Ie I I I I I I I Ie I I I I I I I Ie I Page 2 Note 2 - Property zoned residential but being used primarily for other purposes will be treated as "all other property". Note 3 - Appropriate credit for existing curb, gutter, and sidewalk will be granted depending on the amount of repair and realignment required. Note 4 - Vacant land and/or lots are assessed at "all other property" rate. These properties are considered as investments regardless of the zoning classification or what they are being used for. The percentage figures cited above are general in nature and the council reserves the right to adjust the actual dollar amounts within the limits allowed by Texas Law from project to project in accordance with the relative value added to the assessed property. In the absence of substantial evidence to the contrary, the primary factor in determining the value added to abutting property will þe the cost of the improvements. PASSED AND APPROVED January 27, 1986. ~ MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: é141tt:7h ~) cr1'Y SECRETARY iiTY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS tt'epartment: Subject: Public Works 4 2/27/89 Closlng Hearlng and LevYlng Assessments for Council Meeting Date: Improvements of Smithfield Road - Ordinance No. 1596 A d N b GN 89-20 gen a urn er: This ordinance closes the public hearing and levies the assessments for the cost of improvements on Smithfield Road. Recommendation: Approve Ordinance No. 1596 Source of Funds: Bonds (GO/Rev.) _ Operating Budget wOther Finance Review Acct. Number Sufficient Funds Available ,-/ ¡¡J 121i ;/ ~ t Head Signatu e I City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I I . e I I I I I I I Ie I I I I I I I Ie I t ORDINANCE NO. 1596 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREET: SMITHFIELD ROAD FROM TURNER DRIVE TO JOHN AUTREY ROAD IN THE CITY OF NORTH RICHLAND HIllS, TEXAS; FIXING CHARGES AND LIENS AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of North Rich1and Hills, Texas, has by Ordinance No. 1595, heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, be improved by raising, grading or filling same and by constructing thereon permanent surface in accordance with specifications of the State of Texas on proper· grade and line where same are not already so constructed together with storm drains and other necessary incidentals and appurtenances; all of said improvements are to be constructed as and where shown in strict accordance with the plans and specification therefor, said portion of streets, avenues and public places being as follows, to wit: SMITHFIELD ROAD FROM TURNER DRIVE TO JOHN AUTREY ROAD and, WHEREAS, estimates of the cost of the improvements on each such portion of streets, avenues and public places were prepared and filed and by Ordinance No. 1594, approved and adopted by the City Council of the City, and a time and place was fixed for a hearing and the proper notice of time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefore, to wit, on the 27th day of February, 1989, at 7:30 p.m. a·clock, in the Council Chambers in the City of North Richland Hills, Texas, and at such hearing the following protests and objections were made, to wit: and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I . I Ie I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1596 Page 2 Said hearing, be and the same is hereby, closed and the said protests and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby, overruled. I I . The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said portions of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds further that in each case the abutting property assessed is specially benefited in enhances value to the said property by means of the said improvements in the unit upon which the particular property abuts and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City,· and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. III. There shall be, and is hereby, levied and assessed against the parcels of property hereinbelow mentioned, and against the real and true owners thereof (whether such owner be correctly named herein or not), the sums of money itemized below opposite the description of the respective parcels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as follows: (See attached charts) IV. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, his or hers pro rata of the- total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. v. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of eight percent (8%) per annum, together with reasonable attorney's fees and costs of collector, if incurred are hereby declared to be and are made a lien upon the respective parcels of property against which the same I Ie I I I I I I I Ie I I- I I I I I Ie I \ Ordinance No. 1596 Page 3 are assessed, and a personal liability and charge against the real and true owners of such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State and County, School District and City valorem taxes. The sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to wit: in five (5) equal installments, due respectively on or before thirty days (3), one (1) two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units hall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (8%) per annum, payable annually with each installment except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of any installment or principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of said City of North Richland Hills, or its assigns be and become immediately due and payable, and shall be collectible, together with reasonable attorney's fees and costs of collection incurred. PROVIDED, however, that the City of North Richland Hills retains the right to authorize payment of the sums assessed against property abutting upon such completed and accepted unit over a period of not more than four years in equal regular installments or not less than TEN AND NO/lOa DOLLARS ($10.00) each, the first year installments to become due and payable not more than thirty days (30) after the completion and acceptance by the City of the particular unit, and PROVIDED FURTHER that such method of payment shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of North Rich1and Hills granting a mechanic's lien upon and conveying to the said abutting property in trust to secure the payment of said owner or owners according to the terms. thereof of the sums assessed against such property. VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property by the City of North Richland Hills as near as possible in the manner provided for the sale of property for the. nonpayment of ad valorem taxes, or at the option of the City of North Richland Hills, or its assigns, payment of said sums shall be enforced by suit in any court of competent jurisdiction or as provided in any mechanic's or materialman's contract as foresaid, and said I Ie I I I I I I I Ie I I I I I I I Ie I ~ Ordinance No. 1596 Page 4 City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with proceedings of the City relating to said improvements and assessments therefore, and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where curb and/or gutter or paving presently exists. Notwithstanding the City Council has herein reserved the right to issue credits as hereinabove provided, it shall not be required to issue such credits, and will not do so, if same would result in any inequity and/or unjust discrimination. The principal amount of each of the several assessment certificates to be issued the City of North Richland Hills, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment, hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. IX. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the owners thereof, and the time and terms of payment to aid in the enforcement and collection thereof, assignable certificates in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, shall be issued by the City of North Richland Hills, Texas, upon completion and acceptance by the City of the improvements in each unit of improvement as the work in such units is completed and accepted, which certificates shall be executed by the Mayor in the name of the City and attested by the City Secretary, with the corporate seal of the City of North Richland Hills, or its assigns, and shall declare the said amounts, time and t~rm of payment, rate of interest, and the date of completion and acceptance of the improvements abutting upon such property for which the certificate is issued, and shall contain the name of the owners, if known, description of the property by lot and block number, or front feet thereof, or such other descriptions as may otherwise identify the same; and if said property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or mistake in describing any property, or in giving the name of the owner, shall invalidate or in anyway impair such certificate, or the assessments levied. I I . e I I I I I I I Ie I I I I I I I Ie I t Ordinance No. 1596 Page 5 The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible, with reasonable attorney·s fees and costs of collection, if incurred and shall provide substantially that the amounts evidenced thereby shall be paid to the City Secretary of the City of North Richland Hills, Texas, who shall issue his receipt therefore, which shall be evidence of such payment on any demand for the same, and the City Secretary shall deposit the sums so received in a separate fund, and when any payment shall be made to the City the City Secretary, upon such certificate shall, upon presentation to him of the certificate by the holder thereof, endorse said payment thereon. If such certificate be assigned then the holder thereof shall be entitled to receive from the City Secretary the amount paid upon presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Secretary·s Warrant for making such payment. Such payment by the Secretary shall be receipted for by the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney·s fees if incurred have been paid in full. Said certificate shall further recite substantially that the proceedings with reference to making the improvements have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owners thereof have been performed, and such recitals shall be prima facie evidence of all the matters receipted in such certificates, and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the fifth installment, which coupons may be payable to the City of North Richland Hills, or its assigns may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall further recite that the City of North Rich1and Hills, Texas, shall exercise all of its lawful powers, when requested to do so, to aid in the enforcement and collection thereof, and may contain recitals substantially in accordance with the above and other additional recitals pertinent or appropriate thereto; and it shall not be necessary that the recitals be in the exact form set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises except from the lien of such assessments shall not in anywise invalidate, affect or impair the lien of such assessment upon other premises. X. Full power to make and levy assessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance with the law in force of this City, vested in the City. XI. I Ie I I I I I I I Ie I I 'I I I I I Ie I t Ordinance No. 1596 Page 6 All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in any units are in no way affected by the improvements or assessments in any other unit and in making assessments and in holding said hearing, the amounts assessed for improvements in anyone unit have been in nowise connected with the improvements or the assessments therefore in any other unit. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Act of said session and now shown as Article 1105b of Vernons' Texas Civil Statutes. XIV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of North Richland Hills, Texas, and by filing the complete ordinance in the appropriate Ordinance Records of said City. XV. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this 27th day of February, 1989. Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I I ' e I I I I NF 1. John Hum 1563 Terry I ' N.R.H., Texas 76180 NF 2. Joe V. Tirk John He Comas Survey '-- 909 John McCain Abst. 1040, Tr. 2A3 I Colleyville, Texas 76034 Vol. 5039, Pg. 83 NF 3. Jenny Coleman I 13220 Erwin Van Nuys, Ca. 91401 1.__ __ 4. David Melville Rt. 1, Box 392-B Azle, Texas 76020 SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEME~S City of North Richland Hills, Texas Design USAGE NF NS NR RF RS RR Non-Res. w _ ASS E S SHE N T R 0 L L VEST CREDIT TOT. ASS. C/G (NO S\1.) 7.15 60.08 7~15 33.62 7.15 24.79 5.01 22.65 5.01 13.84 5.01 10.89 I NF I RF I RF I I UNIT . NO. PROPERTY OWER AND ADDRESS * * * Residen. February 7, 1989 PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. K ELL E R · S HIT H FIE L D ( Vest Side ) R 0 A D 5. Villi am R. Beasley 6917 Smithfield Rd. N.R.H., Texas 76180 6. Marguirete Harrow 7007 Smithfield Rd. N.R.H., Texas 76180 ,..-. -...1 7. Marguirete Morrow 7007 Smithfield Rd. N.R.H., Texas 76180 RS 8. Hassan S. Ali 7833 Noneman N.R.H., Texas 76180 I NF INF Ie I 9. Ramiro H. BaIera 3208 Denman Ft. Vorth, Texas 76119 10. Texas American Bank P.O. Box 2050 ft. Worth, Texas 76113 ", John He Comas Survey Abst. 1040, Tr. 2A4 Vol. 7488, Pg. ,2072 105.37 60.08 * * * $753.40 $5,577.23 $748.89 5,543.89 0.00 22,157.50 0.00 9,462.60 0.00 3,466.62 0.00 2,265.00 0.00 998.86 0.00 1,591.60 0.00 6,308.40 0.00 4,531.23 104.74 60.08 Villiam Cox Survey . Abst. 321, Tr. 6A5 Vol. 7976, Pg. 1703 368.80 60.08 Villiam Cox Survey Abst. 321, Tr. 6Al Vol. 9256, Pg. 2319 157.50 60.08 VIlli am Cox Survey Abst. 321, Tr. 6A . Vol. 7733, Pg. 1768 57.70 60.08 Villiam Cox Survey Abst. 321, Tr. 6A2 Vol. 2817, ~g. 329 100.00 22.65 ~ Briarwood Estates Tr. A, Block 3 -Vol. 6735, Pg. 765 44.10 22.65 Briarwood Estates Lot 1, Block 1 Vol. 7755, Pg. 941 115.00 13.84 Briarwood Estates -Lot 13, Block 1 Vol. 388-173, Pg. 84 105.00 60.08 ,Briarwood Estates Lot 12, Block 1 Vol. 8328, Pg. 441 75.42 60.08 .. PAGE 1 OF 7 I I" e I I I I I I NF 12. V.H. Sutton P.O. Box 18793 Ft. Vorth, Texas 76118 I NF 13. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II 1202 Lot 30, Block 4 Euless, Texas 76040 Vol. 388-176, Pg. 50 Ie 14. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II 8202 Lot 31, Block 4 Euless, Texas 76040 V~l. 388-176, Pg. 50 I NF 15. Quadrangle Dev. Co. Century Oaks Addn. 2275 Vestpark Ct. II #202 Lot 32, Block 4 Euless, Texas 76040 . Vol. 388-176, Pg. 50 t SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas ~ Design ASS E S SHE N T February 7, 1989 R 0 L L UNIT NO. PROPERTY OWER AND ADDRESS * * * PROPERTY DESCRIPTION K ELL E R - S HIT H FIE L D ( Vest Side ) RF 11. Delbert V. Veston 7117 Smithfield Rd. N.R.H., Texas 76180 I I NF 16. Century Jt. Venture c/o Villiam Pasteur 2275 Vestpark Ct. 1202 Euless, Texas 76040 I NF IRS IRS 17. FDIC-Quail ·Prop. P.O. Box 802090 Dallas, Texas 75380 18. Michael Losat, Jr. P.O. Box 80042 N.R.H., Texas 76180 19. Virginia Rankin 7721 Cedar Park Ave. Ft. Vorth, Texas 76180 I Ie I Briarwood Estates Lot 11, Block 1 Vol. 7542, Pg. 441 Briarwood Estates Lot 16, Block 2 Vol. 9218, Pg. 1539 Villiam Cox Survey Abst. 321, Tr. 5 \ Vol. 6699, ·Pg. 448 Villiam D. Barnes Survey Abs t. 146" Tr. IAl ·Vol. 8801, Pg. 1661 Kingswood Estates Lot 1, Block 3 Vol. 7129, Pg. 1142 Kingswood Estates Lot 12, Block 2 Vol. 7460, Pg. 2060 ~ FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. R 0 A D 80.00 22.65 145.20 60.08 89.34 60.08 70.00 60.08 70.00 60.08 1035.88 60.08 544.87 60.08 127.90 13.84 125.80 13.84 * * * 0.00 $1,812.00 0.00 8,723.62 0.00 5,367.55 0.00 4,205.60 0.00 4,205.60 0.00 62,235.67 . 0.00 32,735.79 0.00 1,770.14 0.00 1,741.07 PAGE 2 OF 7 I I . e I I I I RS 20. Elmer Ray Cox, Jr. I 7720 Evergreen Ave. N.R.H., Texas 76180 IRS 21. David R. Villiams 7721 Evergreen Ave. N.R.H., Texas 76180 IRS 22. George Vegas 7720 John Autry N.R.H., Texas 76180 Ie I NF 23. Onward, Inc. 13220 Erwin Van Nuys, Ca. 91401 I NF 24. Doyle E. Morrison 106 N. Clark I Comanche, Texas 7644~ RF 25. Eddie E. Vel born I 7004 Smi thfield._Rd. N.R.H., Texas 76180 I ! I RF 27. Mark Harper 7012 Smithfield Rd. N.R.H., Texas 76180 I Ie I SMITHFIELD ROAD PAVING AND 'DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas Design .. ASS E S SHE N T R 0 L L February 7, 1989 Non-Res. USAGE NF NS NR RF RS RR EAST CREDIT TOT. ASS. C/G (V/S'lLK) 7·.15 68.88 7.15 42.42 7.15 33.59 5.01 28.81 5.01 20.00 5.01 17.05 UNIT NO. PROPERTY OYNER AND ADDRESS * * * PROPERTY DESCRIPTION K ELL E R · S HIT H FIE L D ( Vest Side ) * * * Kingswood Estates Lot 1, Block 2· Vol. 6086, Pg. 268 Kingswood Estates Lot 12, Block 1 Vol. 8099, Pg. 421 Kingswood Estates Lot 1, Block 1 Vol. 8588, Pg. 968 K ELL E R · S HIT H FIE L D ( East Side ) . . . -. RF 26. Curtis L. Fletcher 7008 Smithfield Rd. N.R.H., Texas 76180 Eliza Cross Survey Abst. 281, Tr. lAl Vol. 8415, Pg. 567 Smithfield Acres· Lot 11, Block 1 Vol. 6545,.. Pg. 994 Smithfield Acres Lot 10, Block 1 Vol. 6094, Pg. 551 Smith.field Acres Lot 9, Block 1 Vol. 7598, Pg. 766 Smithfield Acres Lot 8, Block 1 Vol. 8737, Pg. 1602 Residen. FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. R 0 A D * * * 0.00 1,741.07 0.00 1,741.07 0.00 1,741.07 0.00 13,018.32 0.00 4,408.32 0.00 "1,840.96 0.00 1,840.96 125.80 13.84 125.80 13.84 125.80 13.84 R 0 A D * * * 0.00 1,840.96 ~ 189.00 68.88 64.00 68.88 63.90 28.81 63.90 28.81 63.90 28.81 PAGE 3 OF 7 I I . e I I I I RF 28. I SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS' City of North Richland Hills, Texas , - Design ASS E SSM E N T R 0 L L February 7, 1989 UNIT NO. PROPERTY OYNER AND ADDRESS PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. * * * K ELL E R - S HIT H FIE L D R 0 A D * * * ( East .Side ) Don E. Cockroft 7016 Smithfield Rd. N.R.H., Texas 76180 I RF 29. Kelly R. Beebe 7020 Smithfield Rd. N.R.H., Texas 76180 I RF 30. Tom V. Carlson 7024 Smithfield Rd. N.R.H., Texas 76180 Ie 31. The Odore C. Falls 7028 Smithfield Rd. I N.R.H., Texas 76180 RF 32. Susan Dunn 7032 Smithfield Rd. N.R.H., Texas 76180. I RF 33. I NF 34. I Allen G. Vallace 7036 Smithfield Rd. N.R.H., Texas 76180~: .~ James S. Osborhn.. 14709 Tanglewood Ln. Farmers Branch, Tx 75023 IRF 35. John V. Sims 7100 Smithfield Rd. N.R.H., Texas 76180 IRF 36. Katrina L. Johnson 7104 Smithfield Rd. N.R.H., Texas 76180 I Ie I Smithfield Acres Lot 7, Block 1· Vol. 8765, Pg. 2151 63.90 28.81 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 320.14 1,520.82 456.88 3,944.55 313.73 1,490.36 310.62 1,475.60 Smithfield Acres Lot 6, Block 1 Vol. 7911, Pg. 1833 63.90 28.81 Smithfield Acres Lot 5, Block 1 Vol. 7869, Pg. 2132 63.90 28.81 Smithfield Acres Lot 4, Block 1 Vol. 6780, Pg. 673 63.90 28.81 Smithfield Acres -. Lot 3, Block 1 Vol. 8936, Pg. 2241 63.90 28.81 Smithfield Acres Lot 2, Block 1 Vol. 7258, Pg. 1999 63.90 28.81 Smithfield Acres Lot 1, Block 1 Vol. 5751, Pg. 271 63.90 68.88 Smithfield Acres Lot 8, Block 2 Vol. 9002, Pg. 1775 62.62 28.81 Smithfield Acres Lot 7, Block 2 Vol. 7248, Pg. 1832 62.00 28.81 PAGE 4 OF 7 I Ie' I I I I I t SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas ...... -. Design ASS E SSM E N T February 7, 1989 R 0 L L UNIT NO. PROPERTY OVNER AND ADDRESS * * * K ELL E R - S M I T H FIE L D ( East Side ) RF 37. Vi I bur J. Stewart 7108 Smithfield Rd. N.R.H., Texas 76180 I RF 38. Rueben P. Higgs 7112 Smithfield Rd. N.R.H., Texas 76180 I RF 39. Rodolfo Garcia 7116 Smithfield Rd. N.R.H., Texas 76180 Ie 40. Michael Spinks 7120 Smithfield Rd. I RF 41. N.R.H., Texas 76180 Stephen Carter 7124 Smithfield Rd. I N; 42. N.R.H., Texas 761aO Barney E. Calvert, Jr. I 7516 Creekling Duluth, Ga. 30136 . ,--: -..j CV 43. Boat Club Estate~, Inc. I 5300 Boat Club Rd. Ft. Vorth, Texas 76135 I CV 44. Boat Club Estates, Inc;' 5300 Boat Club Rd. Ft. Vorth, Texas 76135 ICV 45. Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 Itcv 46. Boat Club Estates, Inc. ~ 5300 Boat Club Rd. II~ Ft. Vorth, Texas 76135 PROPERTY DESCRIPTION Smithfield Acres Lot 6, Block 2 Vol. 5786, Pg. 378 Smithfield Acres Lot 5, Block 2 Vol. 5082, Pg. 587 Smithfield Acres Lot 4, Block 2 Vol. 6940, Pg. 809 Smithfield Acres Lot 3, Block 2 Vol. 5174, Pg. 865 Smithfield Acres -. Lot 2, Block 2 . Vol. 8793, Pg. 1253 Smithfield Acres Lot 1, Block 1 Vol. 7042, Pg. 2102 Coventry Place Estates Lot 16Rl, Block 5 Vol. 8979, Pg. 1626 Coventry Place Estates Lot 15Rl, Block 5 Vol. 8979, Pg. 1626 Coventry Place Estates Lot 14Rl, Block 5 Vol. 8979, Pg. 1626 Coventry Place Estates Lot 13Rl, Block 5 Vol. 8979, Pg. 1626 . ~ FRONT ASSESS APPARENT ASSESSHT. FOOTAGE RATE CREDITS LESS CR. R 0 A D 62.00 28.81 62.00 28.81 62.00 28.81 62.00 28.81 62.00 28.81 62.00 68.88 * * * 0.00 1,786.22 0.00 1,786.22 310.62 1,475.60 310.62 1,475.60 310.62 1,475.60 443.30 3,827.26 87.35 60.00 5,241.00 0.00 70.00 60.00 4,200.00 0.00 70.00 60.00 4,200.00 0.00 95.59 60.00 5,735.40 0.00 I PAGE 5 OF 7 I I . e I I I I CV 47. I I SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas .' Design ASS E SSM E N T R 0 L L UNIT NO. PROPERTY OWER AND ADDRESS February 7, 1989 PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. * * * KELLER· S HIT H FIE L D R 0 A D * ( East Side ) Boat Club Estates, Inc. ", Coventry Place Estates 5300 Boat Club Rd. Lot 12Rl, Block 5 Ft. Vorth, Texas 76135 Yol. 8979, Pg. 1626 114.95 60.00 ··6,897.00 0.00 CV 48. Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 lev 49. Boat Club Estates, Inc. 5300 Boat Club Rd. Ft. Vorth, Texas 76135 I_ 50. Charles V. Beane Carl H. Nelson Lawrence··R. Lynd P.O. Box 18953 Ft. Vorth, Texas 76118 I I I NF 52. Villiam Howard Long 7402 Smithfield Rd. N.R.H., Texas 76180 NF 51. Goode, Inc. P.O. Box 18793 " N.R.H., Texas 76180 I NF 53. Annie Brewèr 2127 Primrose Ft. Vorth, Texas 76111.._ I NF 54. A.F. Jernigan 7608 Smithfield Rd. I N.R.H., Texas 76180 NS 55. Jimmie V. Vest Rt. 2, Box 192 E II Bellview, Texas 76228 _ 56. Rocky Turner II~ 7801 Redwood Ct. N.R.H., Texas 76180 I Coventry Place Estates Lot 15Rl, Block 5 Yol. 8016, Pg. 1822 115.00 60.00 6,900.00 Coventry Place Estates Lot 17R, Block 2 Yol. 8016, Pg. 1822 0.00 128.60 60.00 7,716.00 Coventry Place Estates Trac t AR Yol. 8101, Pg. 1376 0.00 526.61 67.41 35,498.78 0.00 Villiam V. Barnes Survey . Abst. 146, Tr. ID Yol. 4706, Pg. 471 235.98 68.88 Villiam V.~Barnes Survey Abst. 146, Tr. 1 Yol. 4713,' Pg. 190 195.90 68.88 Villiam V. Barnes Survey Abst. 146, Tr. lC ,Yol. 3150, Pg. 247 331.45 68.88 Villiam V. Barnes Survey Abst. 146, Tr. 2 Vol. 6675, Pg. 932 180.00 68.88 Crestwood Estates Lot 16, Block 9 ,Yol. 8458, Pg. 573 142.95 42.42 Crestwood Estates Lot 1, Block 9 Vol. 8987, Pg. 1492 142.37 20.00 0.00 16,254.30 0.00 1.;3,493.59 0.00 22,830.28 0.00 12,398.40 0.00 6,063.94 0.00 2,847.40 PAGE 6 OF 7 I I ' e I I I I I I I Ie I I I II ,I I I Ie I SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS City of North Richland Hills, Texas -. Design ASS E S SHE N T R 0 L L February 7, 1989 UNIT NO. PROPERTY OVNER AND ADDRESS PROPERTY DESCRIPTION FRONT ASSESS APPARENT ASSESSMT. FOOTAGE RATE CREDITS LESS CR. * * * K ELL E R · S HIT H FIE L D R 0 A D * * * GRAND TOTALS 6,840.23 46.00 (AVG.) $314,622.54 . . PAGE 7 OF 7 ~ ... .. . \ CITY OF NORTH RICHLAND HILLS Department: _Ubject: Administration '2/27/89 . Council Meeting Date: Request for Use of Concrete txterlor ~lnlsh on Residential Houses in the Stonybrooke South Subdivisi0.Rgenda Number: GN 89-21 Attached is a letter from Jackey Fluitt, Burk Collins Investments, requesting a variance to the Zoning Ordinance. Mr. F1uitt1s letter points out the desirability of a concrete exterior finish and the fact that this particular subdivision is apparently well suited for this type of construction. The staff agrees that it is a more rigid construction, more energy efficient and has a better fire rating than other types of construction.' Paragraph 24.2.1 is quoted in part for your information, 1I...residential dwellings on a residential lot shall have exterior walls consisting of at least 75 percent brick, stone, or if approved by the City Council, other masonry or materials of equal characteristicll. Recommendation: City Council approve/disapprove the use of this product for the Stonybrooke South Subdivision. e Source of Funds: Bonds (GO/Rev.) .. operatin~Udget . Other _ ~~ Department Head Signature Finance Review Acct. Number Sufficient Funds Available f211l~ . City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I BURK COLLINS INVESTMENTS EXCELLENCE IN SHOPPING CENTERS · SUBDIVISIONS · WAREHOUSES February 14, 1989 Mr. Dennis Horvath Asst. City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Sir: We are hereby requesting to be placed on the City Council agenda for February 21, 1989. We are requesting council approval for a new concept of construction in the housing industry. There was a lot of reference made in the pre- council meeting about this exterior finish of this construction being stucco. The finish product does appear to be stucco but the material used for the exterior finish is not stucco. The material is a concrete finish product similar to Dantex which is used extensively with great results in commercial construction. We have results indicating this type of construction which is concrete tilt wall, is a more rigid construction than your typical residential construction thus making the structure more durable and last longer. It is proven to be more energy efficient and has a better fire insurance rating. This type of construction has been approved by H.U.D. as affordable housing in several areas. We believe consideration needs to be given for the location of the subdivision. We are bounded on the south by a railroad, on the west by industrial zoned property and on the north with a buffer of R-2 zoning before you enter Stonybrooke. Currently one entrance to the subdivision is through an industrial park and another is through Odell Street which provides a form of isolation for the addition. We think this area lends itself perfectly for this type of construction. 8251 Bedford-Euless Rd. · Suite 255 · North Richland Hills. Texas 76180· Metro 498-5489 (817) 281-3906 I. Ie I I I I I I I Ie I I I I I I I Ie I Mr. Dennis Horvath, Asst. City Mgr., City of NRH February 15, 1989, Page 2 We would appreciate the consideration of the staff and the City Council on t is issue. Fluitt JF/jk ~ I.epartment: ~ Subject: I - CITY OF NORTH RICHLAND HILLS Administration Proposed Salary Ranges for Budget Director and Administrator of Contracts and Maintenance PO$itions Council Meeting Date: 2/27 /89 Agenda Number: GN 89-22 At the City Council meeting on February 13, 1989, informal approval was given to establish the positions of Budget Director and Administrator of Contracts and Maintenance. Considering the duties and responsibilities of these positions and to maintain internal equity within our compensation plan, we propose the following salary ranges for these two new positions. Position Current Salary Range Budget Director $41,000 $33,043-47,556 Administrator of Contracts/Maintenance $44,000 $34,617-49,820 I I e Recommendation: I ~ I ~ It is recommended that the City Council approve the proposed position titles and ranges for the Budget Director and Administrator of Contracts and Maintenance. Finance Review Source of Funds: Bonds (GO/Rev.) e Operating Budg t ~ Other v I ~ 01-25-01-1010 06-01-03-1010 m...", ~~ . Finance D"ector CITY COUNCIL ACTION ITEM Page 1 of I CITY OF NORTH RICHLAND HILLS I øepartment: I Subject: Administration Request for Waiver of Burn Permit Fee N 2/27/89 - Council Meeting Date: GN 89-23 Agenda Number: Mr. Cliff Stevens, 9201 ,Kirk Lane, appeared before the City Council on Monday, February 13, 1989 and requested that the City Council waive the $200 permit fee for open burning. He has since requested that the permit be open and ongoing so that he can burn at his own discretion. The permit fee was established by the City Council in Ordinance No. 1485 and was based on the cost of services, which was determined to be $213.37. For any outside burning to take place the City requires two inspections by a Fire Department Engine Company. Consideration is given to the location of the burn site and prevailing weather conditions (humidity/winds). On large burns the Engine Company remains at the scene to insure a safe burn. Based on these facts it is not in the best interest of our citizens to allow unsupervised burning within the City limits. Prior to the adoption of the burning permit fee, the cost of Fire Department burning supervision services was supported by taxes. If the City Council wishes to reinstate this policy, it is proposed that it be accomplished by amending Ordinance No. 1485 to delete the Burn Permit Fee so that all 'citizens who wish to do outside burni.ng will be treated equally. Recommendation: It is recommended that the City Council either: e 1) Deny the requested fee waiver; or 2) Adopt the attached ordinance eliminating the burn permit fee requirement. . ~. Finance Review Acct. Number Sufficient Funds Avai lable Source of Funds: Bonds (GO/Rev.) _ Operaf 9 B get - Other e1/{-~ I ' City Manager ITY COUNCIL ACTION ITEM . Fenance Director Page 1 of 1 I Ie I I I I I I I Ie I I II I I I I Ie I ORDINANCE NO. BE IT ORDAINED by the City of North Richland Hills, Texas that Orài~ance No. 1485 (User Fee) f adopted August 24~ 1987 and as heretofore amenàed, by àeleting SECTION 4 Fire Investigatio~ Fee. ?ASSED AND APPROVED this 27th day of February, 1989. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City t CITY OF NORTH RICHLAND HILLS Department: ttubject: Administration Settlng Date for Run-off Elections - Resolution No. 89-13 N 2/27/89 - Council Meeting Date: Agenda Number: GN 89-24 By Resolution No. 88-1 passed on January 11, 1988, the City Council elected to have run-offs on the last Saturday in May. The reasoning was to allow more time for absentee voting, but the fact that the election would always be held on Memorial Day Weekend was not considered. This resolution would set the run-off (if any) for the weekend before Memorial Day Weekend. This must go to the Justice Department for approval, if this resolution is adopted. Recommendation: Approve Resolution No. 89-13 e Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available _ Operating Budget _ WOther _ ~ O~~ gAU~~/ fJA¿~ T Department Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I· Ie I I I I I I I Ie I I I I I I I Ie I RESOLUTION NO. 89-13 WHEREAS, the City Election shall be held on the first Saturday in May of each year; and WHEREAS, Section 2.025 of the Texas Election Code allows the City Council to choose either the next to the last Saturday in Mayor the last Saturday in Mayas the runoff election date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The run-off election in North Richland Hills, Texas, if needed, shall be held on the next to the last Saturday in May, 1989 and the next to last Saturday in May of each year hereafter. PASSED AND APPROVED this 27th day of February, 1989. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY~ Attorney for the City I I I I CITY OF NORTH RICHLAND HILLS Economic Development 2/27/89 Department: Council Meeting Date: Sybject: The Refunding of Industrial Development Bonds by GN 89-25 Agenda Number: Tecnol and the Issuance of New Bonds - Resolution No. 89-15 Tecnol is currently financed by Industrial Development Corporation Revenue Bonds. Present interest rates allow them to re-issue at a more favorable rate. The Industrial Development Committee is meeting Monday, February 27, at 5 PM to take the necessary action for Tecnol to be able to refinance their existing issue. RECOMMENDATION: It is recommened that the City Council adopt the attached resolution to ratify the action of the Industrial Development Corporation. I I Finance Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~fl~ ead Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of 1 ~4r . ;;., , Ie I : I I I I I I -- I I I I I I Ie I I RESOLUTION NO. 89- 15 RESOLUTION APPROVING AN AGREEMENT OF THE NORTH RICHLAND HILLS INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO THE ISSUANCE OF BONDS FOR TECNOL, INC. WHEREAS, North Richland Hills Industrial Development Corporation (the "Corporation") was created under the auspices of the City of North Richland Hills (the "Unit"); and WHEREAS, on December 11, 1985, the City Council of the Unit approved the issuance of $5,250,000 North Richland Hills Industrial Development Corporation Revenue, Bonds, . Series 1985 (Tecnol, Inc. Project) (the "Prior Bonds"); and WHEREAS, on December 23, 1985, the Prior Bonds were delivered by the Corporation to the purchaser thereof; and WHEREAS, the Corporation is authorized by the Development Corporation Act of 1979, as amended, (the . "Act") to issue its revenue refunding bonds on behalf of the Unit for the purpose of refinancing all or part of the costs of a "project", as defined in the Act, and to loan the proceeds thereof to refinance all or part of the costs thereof; and WHEREAS, the Corporation, by resolution (the "Bond Resolution") adopted February 27, 1989, has authorized the issuance and sale of its Variable Rate Demand Revenue Bonds (Tecnol, Inc. proj ect) Series 1989 (the "Bonds"), in the aggregate principal amount of $4,840 1000 and by the Bond Resolution has also authorized a Loan Agreement with Tecnol, Inc. (the "Company") wherein the Corporation agrees to issue and sell the Bonds to provide funds to refinance a certain project of the Company (the "Project") located within the Unit originally financed through the issuance of the Prior Bonds, and certain other agreements of the Corporation in connection therewith ( collectively the Loan Agreement and such other agreements shall be referred to as the "Bond Documents"); and WHEREAS, the Act requires that the governing body of the Unit approve, by written resolution, any agreement to issue bonds approved by the Corporation; and WHEREAS, this City Council has reviewed the proceedings relative to the issuance of the Bonds and, by adoption of this Resolution, intends to approve the Bond Resolution, the issuance of the Bonds, the plan of financing approv~d by the ,.~ f Ie I I I I I I I -- I I I I II I Ie I I Bond Resolution and to make the findings required by the Act to approve the Project; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: Section 1. The Bond Resolution adopted by the Corporation authorizing the execution of the Loan Agreement and an Indenture of Trust by and between the Corporation and Security Pacific National Trust Company, N. A., New York, New York, as Trustee, dated March I, 1989, and authorizing the sale of the Bonds, in substantially the form and substance attached to this Resolution and made a part hereof for all purposes, is hereby specifically approved, and the Bonds may be issued as provided for therein. Section 2. The Loan Agreement, in sUbstantially the form and substance as attached to the Bond Resolution and made a part hereof and thereof for all purposes, is hereby approved, and Bonds in the principal amount of $4,840,000, may be issued pursuant thereto for the purpose of paying the cost of refunding the Prior Bonds issued by the Corporation for the purpose of paying the cost of acquiring and constructing or causing to be acquired and constructed the Project as defined and described therein, which Project was and is in compliance with the Act and the rules promulgated thereunder by the Texas Department of Commerce; and said Project is hereby approved. ------------------~--- Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I· CITY OF NORTH RICHLAND HILLS _ep~rtment: SUbject: Finance u . . 2/27/89 Ratlflcatlon of Autnorlzatlon Glvlng Notice u-r--Councll Meeting Date: Intention to Issue 1989 Series Revenue Bonds - A d N b GN 89-26 Resolutlon No. 89-14 gen a urn er: I I I I I I I I -- I I I ~ ~ ~ ~ I --I Source of Funds: . Bonds (GO/Rev.) _ ope~B. udget _____ ¡Other ~_ I ..... û 4,.'" ~....... ~ I Department Head Signature I CITY COUNCIL ACTION ITEM City Council action at the February 13th, 1989 meeting authorized the advertising of the intent to sale $2,000,000 in new revenue bonds. This action should have been taken in the form of a resolution approving and authorizing the giving of notice of intention to issue revenue bonds. Recommendation: It is recommended that the City Council ratify the action taken on February 13, 1989 by adopting Resolution No. 89-14 authorizing the staff to advertise the intention to sell the proposed bonds. Finance Review ber FU~ble (2 rL~~ . City Manager . Finance Director Page 1 of 1 I' I~ Ie I I I I I I I -- I I I I I I Ie I I RESOLUTION NO. 89-14 A RESOLUTION approving and authorizing the giving of notice of intention to issue revenue bonds. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that revenue bonds should be issued in accordance with the provisions of Articles 1111 et seq. and 2368a, V.A.T.C.S. to finance the costs of making improvements and extensions to the City's combined Waterworks and Sanitary Sewer System; and WHEREAS, prior to the issuance of said revenue bonds, the Council is required to give notice of its intention to issue the same in the manner and time provided by law; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be given of the Council's intention to meet at 7:30 o'clock P.M. on the 13th day of March, 1989, and, during such meeting, consider the passage and adoption of an ordinance authorizing the issuance of revenue bonds in an amount not to exceed $2,000,000 for the purpose of making improvements and extensions to the City's combined Waterworks and Sanitary Sewer System. The notice hereby approved and authorized to be given shall read sUbstantially in the form and content of Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: That such notice shall be (i) published in a newspaper having general ci rculation in the Ci ty of North Richland Hi lIs, Texas, once a week for two consecuti ve weeks and (ii) posted at City Hall, the date of posting at the City Hall and the date of the first publication of such notice to be at least fourteen (14) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the revenue bonds. c:- '1 PASSED AND ADOPTED, this the /l3th day of February, 1989. ATTEST: Mayor, City of North Richland Hills, Texas City Secretary, City of North Richland Hills, Texas (City Seal) S201C I' CITY OF NORTH RICHLAND HILLS I Department: .Ubject: I I I I Management Services - 2/27/89 - Council Meeting Date: Award of Wrecker Contract - Resolution No. 89-9 Agenda Number: PU-89-09 On January 23, 1989, at 10:00 a.m., sealed bids were opened for the Police Department Wrecker Service Contract. The results are outlined below. Police: Parker AA *ABC DFW Wrecker Wrecker Wrecker Wrecker (High Bid) (2nd Low Bid) (Low Bid) (Disqualified) $35.00 $35.00 $30.00 $25.00 7.50 0 0 0 25.00 20.00 20.00 15.00 60.00 40.00 45.00 40.00 15.00 15.00 15.00 7.50 75.00 75.00 60.00 55.00 Base Pull Extra Hookup Dollie Standby Driveshaft 1-1/2 Ton Non-Emergency Vehicles: Base Pull $30.00 $35.00 $30.00 $25.00 Dollie 15.00 20.00 20.00 10~00 e Standby 45.00 40.00 45.00 35.00 Driveshaft NO BID 15.00 15.00 5.'00 1-1/2 Ton 75.00 75.00 60.00 50.00 Number of Wreckers 4 6 10 3 DFW Wrecker Service has been disqualified because they failed to turn in a complete bid. The bid was unsigned, exception document not submitted, Statement of Residency and Non-Collusion Affidavit not submitted. *ABC Wrecker Service was awarded the contract last year. The Police Department found it necessary to notify ABC concerning late response time on two separate occasions. A solution was agreed upon, and since that time, ABC has performed satisfactorily (PD01/89/046 attached). Chief McGlasson and Tommy Powell, Equipment Services Manager, both feel ABC Wrecker Service can continue to provide adequate service to the City. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Bu get e Other ~ apartment Head Signature CITY COUNCIL 'ACTION ITEM Acct. Number 01-00-00-4312 s~s Available ~ ~?{z:; -/ , City Manager . Finance Director I Page 1 of 2 I- I I I I I I I I I I I I I I I I I I Page Two Since ABC Wrecker is located in our City, other zoning and building code issues should be considered as a part of this bid award. The owner of the property on which ABC Wrecker is located, Mr. Leonard Hazel, has withdrawn his zoning application to rezone the property to I-I. Since this property will remain C-2, the following must be accomplished to bring it into compliance with the Zoning Ordinance and Building Code: 1) Only 20% of the overall lot area may be used for outside storage, 2) the exterior of the building must be of 75% masonry construction, 3) the building can not be used as a residence, 4) a screening fence, at least 6' in height, must be installed on all property lines which border MF zoning, 5) property must meet parking, landscaping and dumpster requirements as outlined in the Zoning Ordinance. It is our understanding that the owner intends to demolish the existing building and replace it with a building that meets the code and zoning requirements. However, if the existing building is continued to be used and supplemented to meet the zoning requirements regarding outside storage, masonry exterior, fencing, parking, landscaping and dumpster screening, the following items must be accomplished: 1) the water heater must be properly ventilated, 2) the hot water heater relief valve must run to the outside of the building, 3) electrical wiring must be in conduit, 4) a main breaker servicing the electrical panel must be installed, 5) an approved vent-a-hood must be installed above the cook top, 6) a Certificate of Occupancy must be issued. If the City Council wishes to award the contract to the low bidder (ABC Wrecker), it is proposed that the contract term be 60 days, or until May 1, 1989. If satisfactory progress has been made by May 1, the contract would be extended to encompass the remaining ten months of the contract year. Mr. Leonard Hazel, the owner of the property, has committed to the staff that he intends to begin construction of a new building immediately upon award of the contract. He is also attempting to obtain additional property and will request rezoning to I-I again. Mr. Fornof, of ARC Wrecker, has indicated that he intends to comply with all zoning and building ordinances and if necessary will relocate within the City. In the event ABC Wrecker is not awarded this bid, the requirements above must still be met by the property owner. However, if ABC Wrecker decides to relocate within our City, and is awarded the bid, the City Council should allow adequate time to relocate if they so desire. Recommendation: It is recommended that the City Council award the Police Department Wrecker Service Contract to ABC Wrecker Service for 60 days and approve the attached Resolution No. 89-9 and Wrecker Service Contract to ABC Wrecker Company. 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Z U ~~CJ)~r-t ~ r:: ~ L l- Ie I TO FROM I I I I I I Ie I I I I I I I I" I INTER-OFFICE MEMORANDUM Donna Enos, Purchasing PDM#01/89/046 REF: J. L. McGlasson, Police Chief January 30, 1989 DA TE: SUBJECT: Police Department Wrecker Service In February 1988 the City of North Richland Hills awarded a one-year contract to ABC Wrecker Service as the sole authorized wrecker for Police Department pulls. This service was likewise to perform all the pulls needed by the Equipment Services Division for municipal vehicles. This service has been performed in an overall acceptable manner during the contract period. During the completed eleven (11) months of this contract the Police Communications Division has summoned ABC wrecker 616 times. This is in addition to any calls that this service may have received from vehicle owners or from the rotation-wrecker list. In August 1988 the Police Department found it necessary to formally require ABC Wrecker to address excessive response time by this firm (PDL176 attached). Ms. Kathy Routh responded through her attorney in a timely and appropriate manner. Since that date no significant complaints have issued from the police department regarding this service. A copy of the ABC response is attached for your information. In addition to the P.D. pulls mentioned above ABC Wrecker has performed 90 pulls/service calls for equipment services division. These pulls of city equipment were also performed under the contract. Equipment Services Manager Tommy Powell has advised me that he has experienced no major problems with this service and if the 1989 contract is awarded to ABC Wrecker he would share my feeling that this firm can adequately service this City's needs. I am attaching a copy of the last impoundment report for your examination of fees generated by the Vehicle Impoundment Facility. I .vj,,r-- McGlasson of Police lr I:, te I I I I I I I . I I I I I I ~ I I City of j'Torth 'Ricruand r-lills ($) ~ Jerry L. McGlasson ChIef of Poltce ~tar ()f tl1e MetT()plex" 'Police'Dcpartnlcnt Ms. Kathy Routh, Owner ABC Wrecker Service 4020 Flory North Richland Hills, Texas 76180 PDLII 06/88/176 Ms. Routh, During the last few weeks ABC Wrecker Service response times to "PD PULL" calls has deteriorated to the point that on an average your response is reaching the maximum time allowed by ordinance and contract. Recently on two separate docwnented occasions your company's response time greatly exceeded the allowable time. The first occurred on 08/08/88 at 6100 Glenview Drive, PULL #393. Our records show that your company was notified at 0040 hours and arrived at 0144 hours, a 64 minute response time. The second was on 08/11/88 at 6700 Grapevine Highway, PULL 111405. Our records indicate that your company was notified at 2312 hours and at 0023 hours had still not arrived at the scene, after a second phone call. At this time I placed a third call which resulted in your wrecker arriving at 0045 hours, a 93 minute response time. Both of these specified calls were on clear nights, with clear weather and no other wrecker calls pending with this agency. The wrecker contract signed by you on January 22, 1988 for the period beginning February 1, 1988 and ending January 31, .1989, In paragraph #5 states: ABC Wrecker Service agrees to comply with all of the terms of Ordinance 111490, as passed or amended; and paragraph 116 states: ABC Wrecker Service agrees to respond to all calls within 30 minutes and recognizes that compliance with their r~sponse time is of essence so far as compliance with this contract is concerned. - Ordinance 1/1490, Section XI "Police Department Wrecker Service" 2 - (a) States; The wrecker service must have complied with all the requirements for a rotation wrecker listed as detailed in Sections III, IV, V, VI, and VIII. The specific section being Section V (2) states in part ... In normal, weather or traffic conditions, "reasonable time" shall be construed as thirty (30) minutes maximum. . In the two specific instances outlined above, your company has greatly exceeded the maximum time allowed for response in both the contract and ordinance, . and generally is pushing close to the maximum time on normal calls. This is unacceptable performance by a wrecker contractor for PD pulls with this agency. . -- ~ , ~ (817) 281·004117301 N. E. LOOP 820 I P.O. BOX 18609/ NORTH RICHLAND HILLS. TEXAS 76180 '". ~'~"'. . ~ I-~ Ie I I I I I I I If I I I I I I I Ie I DAN WILLIAMS ATTORNEY AT LAW 5750 RUFE SNOW DR., SUITE 160 NORTH RICHLAND HILLS, TX 76180 (817)656-8842 August 26, 1988 Mr. T.D. Samsill Administrative Asst. Technical Services Division City of North Richland Hills Police Department 7301 N.E. Loop 820 North Richland Hills, TX 76180 HAND DELIVERED: August 26, 198~ Re: ABC Wrecker Service; Response to Letter, PDL# 06/88/176. Dear Mr. Samsill: I have been retained to represent Kathy Routh, D/B/A ABC Wrecker Service. The _ following is in response to the above referenced letter from you regarding ABC Wrecker Service's performance pursuant to the current wrecker service contract with the City of North Richland Hills. I have met with Kathy Routh and discussed your letter at length and will relate her response to your allegations as well as steps she has instituted to avoid further problems and suggesti9ns for improved performance under the contract. Let me begin by asserting on behalf of ABC Wrecker Service that their intent and desire is to not merely to fulfill the , terms of its contract but to provide superior service to city's police department. ABC Wrecker understands the serious nature of its task and is open to taking all steps to maintain a high level of responsiveness to the North Richland Police Department. 1 ;f,~..i",*.~; > ~~btitj~~: I~ - Ie I I I I I I I . I I I I I I I Ie I Regarding the two pulls mentioned in your letter (Pull #393 and Pull #1405), our investigation indicated that our dispatcher was at fault in delaying to forward the two calls to our driver. Our ni~t dispatcher takes the calls from his home and is "on call" striQJUy for this purpose. The call was received at his home where he awoke to receive the call and recorded it and then fell back to sleep without forwarding the call. - Additionally, regarding Pull #1405, our dispatcher had been notified that the pull had been cancelled on the second call, resulting in the unusual delay. We are in agreement that such an error is unacceptable, yet it is understandable. Note further, however, that our night dispatcher is not on full time pay status, because the rate of night calls for service does not yet justify that measure. In order to alleviate the problem that occured, an addition- al telephone bell has been installed at the bedside of the night dispatcher. Further, the phone has been removed to a remote location in his room so that he must get out ,of bed to answer the call and forward the pull information to the wrecker driver. As .. has always been our procedure, the wrecker driver must answer the call from the truck to assure that he has started to the pull site. - Next, addressing the allegations of delay in response time of our wreckers. Our records indicate over 400 pull requests by the North Richland Hills police department in the seven (7) months of the contract. Only on the two occations above has the 2 '..._._~-.-:--~.~-" .... T_ I I I I I I I -- I I I I I I I I_ I :.~.;;.--- .~., ~ ....~,.. ~ .~ .~~-- ..~ .........A .J.. response time exceeded the 30 minute requirement under Ordinance #1490. Although not a perfect record, that effort far '-exceeds substantial performance requirements of the law. We have reviewed our business records of the response times for the last three months and the records indicate a response time average of approximately 15 minutes. Further, our records do not indicate a drop in response times which flatly refutes your allegations that those times have deteriorated. In a further attempt to be responsive to your request for better response times, my client has hired and placed a second driver in North Richland Hills. This should improve our service to the police department even further. Finally, my client has indicated a strong willingness to make any adjustments needed to improve its service to the City of North Richland Hills and is open to your suggestions. As for my client, she would like to propose the following suggestions for your consideration: 1. That the North Richland Hills Police Department furnish ABC Wrecker Service a police radio so that constant and direct .. communications could be maintained between the police and our dispatcher. 2. Institute a procedure to have the wrecker notify the police dispatcher when actually "in route" to the pull site. 3. When arriving at the pull site, have the wrecker driver notify. the police dispatcher promptly to record the arrival time. My client wants to thank you for an opportunity to respond 3 I Ie I I I I I I I -- I I I I I I I I- I . ~ .. ':~ .....~~ to your questions and again wants to communicate her desire to ~~~ work to improve ABC Wrecker Service's performance on béhalf of the police department. Please contact me directly or though Ms. Routh with any further questions as well as your response to our suggestions set out above. Yours very truly',' )~W~ Dan Williams cc: Ms. Kathy Routh A/B/C Wrecker Service 4020 Flory North Richland Hills, TX 76180 Chief McGlasson Captain Kitchen Sgt. Johnson Sgt. Hendrickson Mr. John Whitney % City of North Richland Hills Police Department .. 4 ,/ , . ._.~ . ': ····.v . ;' ~;, ,.!{¡i~·r\~~h: , "¥I'~ ". .~ ·.~···:::'·~i~,~; :i: .:' , · 4~fi:;lbr' . t ,j _"~f '" ~ _..'100. I. '.';. :<:~ "",~. . . ',,- >..~,:11~~~ ~ ...... ~ .... þ~ .- ''''~-'-~>'' I Ie I I I I I I I . I I I I I I I Ie I North Richland Hills Police Department Automobile Impoundment Facility Vehicles Revenues Task Force Auctioned Accepted/Released Wrecker Dollies Wait/Winch storage Tax Permits Auction Ace ReI Vehicles , FeD 57 40 1,664.45 0.00 0.00 1,050.00 75.87 20.00 0.00 16 10 0 Mar 44 39 1,755.00 0.00 0.00 1,200.00 88.10 60.00 0.00 10 10 0 Apr 59 53 2,385.00 0.00 0.00 1,990.00 138.60 55.00 0.00 4 5 0 Kay 48 61 2,115.00 25.00 15.00 2,060.00 1(2.10 55.00 2,665.00 8 0 16 Jun 48 39 1,755.00 50.00 100.00 2,280.00 158.45 10.00 0.00 7 2 0 Jul 51 66 2,310.00 25.00 30.00 3,140.00 219.80 5.00 2,565.00 15 15 15 Aug 72 60 2,655.00 50.00 15.00 2,610.00 182.70 0.00 0.00 5 10 0 Sep 60 65 2,205.00 75.00 15.00 1,700.00 119.00 55.00 2,915.00 10 11 16 Oct 58 56 2,561.25 0.00 30.00 1,390.00 97.30 70.00 0.00 17 12 0 Nov 64 49 2,115.00 25.00 20.00 1,470.00 102.20 0.00 0.00 12 8 0 Dee 55 45 2,025.00 0.00 15.00 1,180.00 86.80 0.00 0.00 4 4 0 Jan 616 573 $23,545.70 $250.00 $240.00 $20,070.00 $1,410.92 $330.00 $8,145.00 108 87 47 Total Revenue Tax December 31, 1988 53,991.62 1,410.92 l- Ie I I I I I I I -- II II I I I I I Ie I RESOLUTION NO. 89-9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the attached contract with ABC Wrecker Service as the act and deed of the City. PASSED AND APPROVED this 27th day of February, 1989. Mayor ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR THE CITY l- Ie I I I I I I I Ie I I I I I I I Ie I STATE OF TEXAS V COUNTY OF TARRANT , CONTRACT KNOW ALL MEN BY THESE PRESENTS, THAT: The undersigned ABC Wrecker Service shall perform wrecker service for the undersigned City of North Richland Hills, Texas by making "City pull s" for a period of 60 days, from March 1, 1989, through May 1, 1989. A "City pull" is defined as any "pull" when the towed vehicle is pulled to the City pound or the "pull" of a City owned vehicle to any designated destination. The charges for such service shall be determined by the prices shown on the attached bid sheet. The charge for pulling City owned vehicles shall be paid to ABC by the 11th day of the month following th~ date of the service rendered. For all other City pulls the City will bill the owner of the vehicle pulled and will remit the charges from the first monies received from said owner. In the event the owner does not claim the vehicle and does not pay the charges the City will remit the charges to ABC from the first monies received from the sale of the vehicle. These payments shall be paid to ABC by the 11th day of the month following the receipt of the funds by the City. Page One I Ie I I I I I I I . I I I I I I I f I ABC Wrecker Service agrees to comply with all of the terms of Ordinance No. 1490, as passed or amended. In this connection ABC Wrecker Service agrees to perform its services in a good and workmanlike manner. The City Council shall be the final judge of whether or not the services were performed in a good and workmanlike manner. ABC Wrecker Service agrees to respond to calls within thirty minutes and recognizes that compliance with their response time is of the essence so far as compliance with this Contract is concerned. ABC Wrecker Service shall be considered an independent contractor for all purposes and in no way shall it be considered to be an agent, servant or employee of the City. No City officer or employee is authorized to require details of service so as to give rise to any indication that ABC is anything other than an independent contractor. In the event that any officer or employee does any act in violation of this paragraph, ABC is charged with the responsibility to call this matter to the attention of the officer or employee and to report such action to either the City Manager or Assistant City Manager immediately. ABC Wrecker Service agrees to hold the City harmless from all claims for personal injury or injury to property arising out of its services under this Contract and agrees to exercise ordinary care in the pulling of all vehicles and performance of all services under this Contract. Page Two I Ie I I I I I I I ~ I I I I I I I f I The initial period of this Contract shall be from March 1, 1989, through May 1, 1989, unless terminated sooner by mutual consent of the parties or terminated for cause by the City Council of the City of North Richland Hills, Texas. If satisfactory progress has been made regarding the building remodeling and site storage requirements, the City Manager may extend the period of this Contract for an additional 10 months. Signed by the City of North Richland Hills, Texas this day of , 1989 as authorized by Resolution of the City Council. CITY OF NORTH RICHLAND HILLS By: Mayor ATTEST: City Secretary Page Three I, CITY OF NORTH RICHLAND HILLS I_Department: Subject: LeQa 1 Council Meeting Date: 2/27 /89 Approval of Access Easement Dated January 25, 1989 with St. Louis Southwestern Railway Com~any Agenda Number: PU 89-10 and Payment of $500.00 for Easement - Resolution No. 89-16 The attached resolution authorizes the Mayor to execute the access easement dated January 25, 1989 which has been signed and approved by the Railroad. It also authorizes the payment of $500.00 as consideration for the easement. Recommendation: It is recommended that City Council approve Resolution No. 89-16. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other IV :7 /... k---~A~~~~) R 1/1 P A' lDepartment Head Signature ' , 6t~iïg~~ CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I. Ie I I I I I I I t' I I I I I I Ie I I RESOLUTION NO. 89-16 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached Access Easement, dated January 25, 1989, from St. Louis Southwestern Railway Company to the City, as the act and deed of the City. 2. The City Manager is authorized to pay said Railway Company the sum of $500 as consideration for said easement. PASSED AND APPROVED this 27th day of February, 1989. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I- I ~epartment: I Subject: I I CITY OF NORTH RICHLAND HILLS Public Works ~ Council Meeting Date: 2/27/89 Agenda Number: PW 89-07 Approve Budget for Calloway Branch Earthen Channel Improvements (Watauga Road to Chaptan Road through Richfield Park) During the past 5-10 years, the Calloway Branch has silted in with fran 2-5 feet of silt in the subject reach of channel. The staff \«>uld like to rerrove the silty material and truck it to the north end of the "Iron Horse" golf course for use as topsoil. The estimated amount of material to be re.noved is approximately equal to the topsoil material which will need to be acquired by the Golf Course Grading Contractor fran an unspecified borrow pit as part of his contract. A cost reduction in the Grading Contractor's bid will be realized if we can proceed with these improvements. We will contract with a dragline operator for his machine & time to re.nove the silt. The City's crews will truck the material to the golf course. The most important reason for the improvements is to reestablish the channel cross-section in order to reduce the flooding potential for the hare owners on the east and west side of the channel. «? Fi.mding Source: Fran 13-90-99-4500 $25,000 _UnSpeCified 86 GO Bonds - Drainage To I , 13-27-87-6150 $25,000 Calloway Branch Channel Improvements (Watauga Road to Chapnan Road) I I Recœmendation : I I , I I I 1 Source of Funds: I Bonds (GO/Rev.) 1_ Operating Budget I- OthetJ I I The staff and ClP Conmittee reconmend approval of the subject budget and the transfer of funds as indicated above. Finance Review ~ Acct. Number See above SUf~unds Available vJ 1/ . Finance Director /; ¡' ent Head Signature CITY COUNCIL ACTION ITEM P::inA 1 (')f 1 __l ~ - ----'1.-. _ -..J I . I . - _ I . - I I -. I~ .' I I -- I 1_ ---- I I I I V!.. I " " ,. · I· . ....... ,.~. =:::J . . L ~ "- \\ CITY OF NORTH RICHLAND HILLS ~epartment: Subject: Public V\brks ~ Council Meeting Date: 2/27/89 Approve Budget for Meadow Lakes Drive Drainage Improvements (Meadow Lakes Drlve Along TU Electric ROW to Big Fossil Creek) Agenda Number: PW 89-08 I I ~ I The proposed 54" & 24" diameter stonn drain as shown on the attached map will provide a controlled path for the drainage leaving Meadow Lakes Drive to get to Big Fossil creek. Due to the improvements benefitting the condition of existing street drainage in Meadow Lakes Drive, staff proposes to fund the $109,000 project out of Unspecified Drainage CIP Funds. Funding Source: Fran 13-90-99-4500 $109,000 Unspecified 87 GO Bonds - Drainage To .'1. 13-26-87-6150 $109,000 1989 Meadow Lakes Drive Drainage Improvements ttœcarmendation: The staff and ClP Conmittee recqnmend approval of the subject budget and the transfer of funds as indicated above. 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