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HomeMy WebLinkAboutCC 1989-04-10 Agendas ';", . . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA APRIL 10, 1989 - 6:00 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 89-21 Request of Collins Investments for Variance to Section 24.2.1 of the Zoning Ordinance (Masonry Requirement) in Stonybrooke South Addition (Agenda Item No. 13) (10 Minutes) 2. GN 89-45 Southwestern Bell's Texas First Program (Agenda Item No. 19) (5 Minutes) 3. PU 89-11 Bids for Maintenance Compound for Iron Horse Golf Course. (Agenda Item No. 20) (5 Minutes) 4. GN 89-42 D.A.R.E. Grant Funding for FY 89-90 - Resolution No. 89-21 (Agenda Item No. 16) (5 Minutes) 5. IR 89-28 Cost of Housing County I Prisoners (5 Minutes) I 6. Landscaping of City Hall Grounds (10 Minutes) I ~ I I I I I I I I I I I I I I I I I .;. Page 2 NUMBER ITEM ACTION TAKEN 7. GN 89-40 Wholesale Water Contract Between the City of North Richland Hills and the City of Fort Worth - Resolution No. 89-23 (Agenda Item No. 14) (5 Minutes) 8. IR 89-27 Rezoning for Open Arms Homes (Women's Haven) (5 Minutes) 9. IR 89-24 Proposed Increases in Court Costs (5 Minutes) 10. IR 89-29 Report on Delinquent Tax Procedures (5 Minutes) 11. Items on Consent Agenda not on Pre-Council - (Item Nos. 12, 15, 17 & 18) (5 Minutes) 12. Possible Work Session (5 Minutes) 13. Other Items (5 Minutes) Reminder - Groundbreaking for New Thoroughfare - IR 89-25 14. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on land Acquisition 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 15. 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 II I I I I .;. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA APRIL 10, 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. Special Presentation to Victor Baxter - Re: Landscape Planning Services 5. Special Presentation to Mathew Mason - Re: Organ and Tissue Donor Awareness Week 6. Minutes of the Regular Meeting March 27, 1989 7. Removal of Item(s) from the Consent ~genda 8. Consent Agenda Item(s) indicated by Asterisk (11, 13, 14, 15, 16, 17 & 19) 9. PZ 89-03 PLANNING & ZONING - PUBLIC HEARING - Request of Hamm and Sandlin to rezone Tract A, 810ck 29, Holiday North Addition, from C-l (Commercial) to C-2 (Commercial) (located at the southwest corner of Davis Boulevard and North Richland Boulevard) 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 10. Ordinance No. 1600 11. PZ 89-07 Request of Americity Corporation for Appeal Hearing for Zoning Application *12. PS 89-05 Request of Burk Collins Investments for Corrected Replat of lots 5 & 6, Block 1, North Hills Village Addition 13. GN 89-21 Request of Collins Investments for Variance to Section 24.2.1 of the Zoning Ordinance (Masonry Requirement) in Stonybrooke South Addition *14. GN 89-40 Wholesale Water Contract Between the City of North Richland Hills and the City of Fort Wortb - Resolution No. 89-23 *15. GN 89-41 Inter-Local Agreement with Haltom City for Golf Course Project *16. GN 89-42 D.A.R.E. Grant Funding for FY 89-90 - Resolution No. 89-21 *17. GN 89-43 Appointment to Water Advisory Committee I I I I I I I I I I I I I I II I I I I .; ,. Page 3 NUMBER ITEM ACTION TAKEN *18. GN 89-44 Approve Inter-Local Agreement Concerning Beach Street Water Main Project Between the City of North Richland Hills and City of Haltom City 19. GN 89-45 Southwestern Bell's Texas First Program *20. PU 89-11 Bids for Maintenance Compound for Iron Horse Golf Course 21. Citizens Presentation 1. Donald Dougherty Re: Regulation of Skateboard Ramps 2. Anthony Krukowski 6618 Jannie Re: School Speed Limit Enforcement 22. Adjournment I, Ie I I I I I I I I_ I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COU·NCIL No. IR 89-26 ^ ~k1 x ~ ~~ Date: Apr; 1 10, 1989 Subject: Regul ations of Skateboard Ramps Attached is a copy of an ordinance adopted by the City of Arlington last year regulating the installation of skateboard ramps. I received a call during the week of March 20th from Mr. Donald Dougherty, a North Richland Hills resident, expressing his desire to present such a proposed regulation to the City Council of North Richland Hills. He advised me about the existence of the Arlington ordinance on this subject. Mr. Dougherty has been scheduled to make his presentation to the City Council under Citizen's Presentations at the Council Meeting of April 10th. This obviously has the potential for becoming a very volatile issue. Th~re are probably about as many skateboarders out there as there are those who object to skateboard ramps. If any additional information is desired, please let me know. Respec~b~itted' If: N. li~ City Manager RNL/gp Attachment - ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I'.~ I . e I I I I I I :1 Ie I I' I I I I I I- I ---- - -- . -.- --~~ ---- ADN/Ju1y 27 & August 3, 1988 ORDINANCE NO. 88-105 AN ORDINANCE AMENDING THE "CONSTRUCTION" CHAPTER OF THE CODE OF THE CITY OF ARLINGTON I TEXAS I 1987 I THROUGH THE AMENDMENT OF ARTICLE I ENTITLED BUILDING CODE, BY THE ADDITION OF SECTION 1 .09 ËÑTÏTLED SKATEBOARD RAMPS, DEFINING SKATEBOARD RAMPS ~ RESTRICTING THE LOCA- TION OF SKATEBOARD RÞ..MPS A~!D SPECIFYIl~G WHEN EXISTING SKATEBOARD RAMPS MUST BE REMOVED OR RELOCATED; PROVIDING FOR A FINE OF UP TO $1,000 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERN- MENTAL IMMUNITY; PROVIDING FOR INJUNC- TIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER FIRST PUBLICATION BE IT ORDAINED BY 'THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: I. That the "Construction" Chapter of the Code of the City of Arlington, Texas, 1987, be and the same is hereby amended - by the amendment of Article I entitled Buildinq Code, through the addition of Section 1.09 entitled Skateboard Ramps, defining skateboard ramps, restricting the location of skateboard ramps and specifying when existing skateboard ramps must be removed or relocated, so that hereafter the same shall be and read as follows: Section 1.09 Skateboard Ramps A. As used in this Section, the phrase "skateboard ramp" shall refer to a structure or piece of work artificially built up or composed of parts joined together in some I !. . Ie I I I I I I I Ie I I I I I I I Ie I definite manner, regardless of the materials used or the manner of construction, which is primarily used for, or designed and intended for primary use as, a ramp for skating or skateboarding activities. ! I ,- I, i. I L I' i i l \ I I B. It shall be unlawful for any person to erect, construct, keep, maintain or use a skateboard ramp that is located: 1. at a distance closer than one hundred fifty feet (150') from any building located on another1s property that is used or intended to be used for habitation, regardless of whether the habitation existed prior to the erection of said skateboard ramp; or 2. at a distance closer than fifty (50) feet from the property line of the lot where said skateboard ramp is located. c. 1. Should a habitation be placed on another's property closer than one hundred fifty feet (150 I) to an existing skateboard ramp, the owner of said skate- board ramp shall remove or relocate, or cause to be removed or r~located, said skateboard r~p within ninety (90) days of the completion of construction of the habitation. 2. Should both a skateboard ramp and a habitation located on another's property both exist closer than one hundred fifty f~et (1501) to each other on the date this ordinance becomes effective, the owner of said skateboard ramp shall remove or relocate, or cause to be removed or relocated, said skateboard ramp within ninety (90) days of the effective date of this ordinance. Failure to remove or relocate, or cause to be removed or relocated, a skateboard ramp as required by this Section shall constitute a misdemeanor. Each day that a skate- board ramp remains in violation of this Section shall constitute a separate offense. 2 . Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be -2- .'- I. Ie I I I I I I I Ie I I I I II I I Ie I . . fined not to exceed One Thousand Dollars and No Cents ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3 . This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington; and .this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict wi th the pro- visions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitu- tional, such holding shall not affect the validi ty of the remaining portions of this Ordinance. 5. All of the regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Councilor any City official or employee charged with the enforcement of this Ordinance, acting for the City of Arling- ton in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. 6 . Any violation of this Ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this Ordinance or in the Code of the City of Arlington. -3- I Ie I I I I I I I Ie I I I I 'I I I Ie I . .. , 7. The caption and penalty clause of this Ordinance shall be published in a newspaper of general circulation in the City of Arlington, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this Ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 8 . This Ordinance shall become e f feeti ve ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the 5th day of July 1988, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed on and approved the 19th day of July 1988, by a vote of 2 7 ayes and nays at a regular meeting of the City Council of the City of Arlington, Texas. ATTEST: Secretary APPROVED AS TO FORM: JAY DOEGEY, City Attorney BY ~~ s: r~4 -4- I I. I I I I I I I Ie I I- I I I I I I- I INFORMAL REPORT TO MAYOR AND CITY COU'NCIL No. IR 89-28 Date: April 5, 1989 Subject: Cost of Housing County Prisoners During consideration of the supplemental funding for detention service on March 27, a request was made for information regarding the financial effect of our hou~ing of prisoners who should be in the County jail. Between January 1, 1989, and March 31, 1989, the North Richland Hills Police Detention Facility housed a total of 180 prisoners on Tarrant County charges initiated by the North Richland Hills Police Department. The following breakdown is provided to show the number of prisoners and subsequent prisoner/days accumulated for the months of January, February, and March, as well as the cumulative effect. January February March Totals County Prisoners: 59 72 49 180 Prisoner/days: 100 272 145 517 Prisoner/days X $35 $3,500. $9,520. $5,075. $18,095. Out-of-pocket expenses: $962. $2,616. $1,395. $4,973. While it is possible for us. to contend that we should be paid the $18,095 that housing County prisoners prevented us from receiving from Fort Worth Police Department or Immigration Naturalization Service we can only point to $4,973.00 in actual out-of-pocket expenses attached to holding these men and women for the County. We find that, contrary to the impression generally held, the City of Fort Worth is not actually billing the County for 'prisoners costs but instead merely withholding the monies due the County under the Jail contract negotiated between these agencies in 1985. We were advised that there is no intent on the part of Fort Worth to actually bill the County. The current direction of the Fort Worth Police Department is that they will continue to withhold funds until they have recouped all their expenditures from holding county prisoners. The City of Arlington has been billing Tarrant County at the rate of $40.11 per prisoner/day since September 1988. They advise, however, that they have received no payments as of 4-3-89. The City of Hurst, Euless and Bedford have not yet billed Tarrant County for prisoners held in their detention facility and the Chiefs of the agencies indicated no inclination to do so in the foreseeable fu ture. If anymore information is desired it will be supplied upon request. Res ectfully submitted, 'vI;í:V1J!!dtr---..j' · L. McGlàsson Chi of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I , . I. I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 89-24 ^ ~ k1 Date: Apr; 1 10, 1989 ~ Subject: Proposed Increases ; n Court Costs Several bills are now pending at the legislature which would raise court costs from $13.50 to $40.00. These costs are collected by our Municipal Court and forwarded to the State. This increase could result in our citizens who are convicted of misdemeanors, such as expired license plates or inspection stickers being required to pay as much as $40 in court costs. The Texas Municipal Court Association has requested that we actively oppose these bills. The attorney for the City has prepared sample letters for the Council to send to our representatives and senators opposing these bills. The Municipal Court Clerk and the . Attorney for the City will be available Monday night to answer any questions. Respectfully submitted, ~r~ Deputy City Manager DH/gp - ISSUED BY THE CITY MANAG ER NORTH RICHLAND HillS, TEXAS I, I I- I I I I I I Ie I I' I I I II I I- I INFORMAL REPORT"TO MAYOR AND CITY COU'NCIL No. IR 89-29 . . ^ ~ ~ Date: April 10, 1989 ~ -:::::::-.. t:J, r Subject: Delinquent Tax Procedures for North Richland Hills The Finance Department listed as one of our 1988/89 goals and objectives as the evaluation of our tax system. It is our understanding that as part of the presentation of the City wide goals and objectives to the Ci ty Council that there was a lack of understanding of the procedures to bill and collect taxes . Specifically the delinquent tax procedures. 'Ib provide a better understanding a brief sumnary of our tax calendar is outlined in the following paragraphs. The City of North Richland Hills tax calendar begins October 1st. The City prepares and mails approxima.tely 19,000 tax stataœnts. Taxes are due and payable upon receipt and becane delinquent February 1st. The Ci ty as a reminder mails a follow-up tax statement in mid-January to property owners who have not yet paid their current taxes. AI though the reminder notice is not required by state law, it has proven to increase collections and cut the cost of collecting delinquent taxes. The delinquent tax accounts incur both penalty and interest starting February 1st. The penalty cœmences at 6% and 1% is added each zoonth until July 1st or a total of 12% penalty. In addition, delinquent accounts also accrue -interest at a rate of 1% each month until a maximum of 6% has been incurred on July 1st. The City has several options once the tax becanes delinquent. A delinquent tax roll for delinquent personal property is imœdiately prepared and given to Wayne Rohne, our delinquent tax attorney. Personal property for our purposes is primarily business furniture, fixtures, ccmputer equipænt, inventories and leasehold inprovements. This property is mobile and may be IIDVed or disposed of easily and is therefore given to our attorney for collection purposes as soon as practicable after February 1st. In the case of real property, since ownership is easy to track and real property cannot be sold until a title search is ccmpleted, the delinquent tax will be exposed as due and payable. Therefore, it is more advantageous to wait until July 1st before giving to our delinquent tax attorney for collection. . Once the delinquent tax roll for real property is prepared and given to the delinquent tax attorney, another penalty of 15% is added to the ëIIOOunt due. This additional penalty defrays collection cost for the tax attorney. The turnover of delinquent accounts on a regular basis to our tax attorney has inproved our collections significantly. The total outstanding delinquent tax cumulative for the last ten years is $329,597 This amount when canpared to the total levy for the same period represents less than 1%. I.. ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS I· I I- I 1 I I I I Ie I I I I I -I I I- I -4 . . Mr. Wayne A. Rohne has represented the City as tax attorney for approximately twenty-five years. His services throughout this period have been IOOre than satisfactory. However we do believe it is time to re-evaluate the effectiveness of his organization and cost to the City. 'Ib this end a Request for Proposal for delinquent tax attorney services has been developed and will shortly be disseminated to him and any other attorney desirous of perfonning this function for the City. Respectfully submitted, ~ /Jl~ ~ ---- Lee Maness Director of Finance I1I1/cs I ~ Ie I '. .~:~ \ WHEREAS. the Mayoll and Ci.:t.y Council. Me e.xtJr.emely gJLate6ul when ~omeone ið willing ŽO give o~ th~ time and .talen:t6 to the be.tteJUnent 0-6 NoJtt.h 1U.c.hland H.i..Rh ¡ and I I I I I I Ie , WHEREAS, the ovvr.al.l appeaJtanc.e o~ a c.ommuni.ty ú, ..ånpoJtta.nt ŽO tho~e tha.t live, woJtk. and. vi..ðli¡ and WHEREAS, bea.u.t.i/,u£. laru:lðc.aping enhanc.u the ovvr.al.l appeaJtanc.e o~ any c.orrrnunity ¡ and I WHEREAS, li ið the duhte o~ the Mayoll and Ci;ty Council. o~ No1Lth lUc.hland H.i..Rh žo ex.p1L.u~ th~ .unc.eJle , appJteciati..on žo Vic;toJt BaúeJt ~oJt žhe many hoUJLð he c.on:tJúbuted. .in hið pJto-6eð~.ional lanclðc.aping du'¿gtt.ð -601L. the Cliy Hall Complex. and žhe F-Úle Sta:ti.on on Watauga Road and ~o1L. hið c.onc.eJln in the ovvr.al.l appe.aJtanc.e o~ OWl Munici.pal BlLi1.cüng~. ,'NOW, THEREFORE. I. Tonrny lVtown, MayoJt 0-6 the Cliy 01,. No1Lth Ric.hland H.i..Rh. do heJleby PJtoc.ltWn T uuday, APJUl 11. 1989 að: " "VICTOR B~ER DAY" I I- II in the CLty o~ NoJtth Uc.hland H.i..Rh and Wlge all c..U.lzett.ð žo ¿Din .in ~ day o~ 1L.ec.ognition. I I ~ ',·\(~HI /1'" /' .:<'" ":;';,.." :; Y' 1 ,., . ""i\:, J I l k .~ r. - ~. ~" . ~. ,r ,.. "~> I /r~< z· " /1' ' / /,..; ,., ~, f I ( ; ;..~, ~~ -! . .... 11'_" ,.' ,,~ .. ...._~ ~ IN WITNESS WHEREOF, I have heJleunto .ð e,t my hand and. c.a.uðed žhe .ðeal. 0-6 the Cily o~ NoJtŽh R'¿c.hland H.i..Rh žo be ~ed. žh..Lð .the 27th day 01,. MaJt..eh. , 1989. I Ie, *~~J Torrrny B1tow , Mayoll I . -- :1 ;~"'- I ~ I, l I '. . '-;, ,\ .,~ -. 1,. " City. of) ~~~~~~',\it~~~i~0;~~\~ ~orth Wclilimd.. Hills I I I I I I, WHEREAS, one 0-6 the mo.ð.t meaning.ft.ul giGU that one human be..ing can bu.tow upon anotheJt ið the. pILeci.oUð g.ii,:t 0-6 .l.q,.ej and. I WHEREAS, the need -6oIL oILganð and. tið.ðuu .6aJr. . .\ .ðWlpa.ð.ð e.ð .the numb ell do n.a;ted. each YeaIl j and. lit . ¡~ ~~Y. .....\ I ,)~. ' \' ,'" " -, .,~ ,~', WHEREAS, oILgan, ilÄ.ðue. 'and. bon.e. btanðplan.tat.i.onð aile. ac.c.ep.ted. theJW.p.ie.ð which aile. P~OJU7led. JUJuUnely at . ;'.ðpec.ialized tJr.anðplant c.enteJLð .ðaving thoUðan.clð 0-6 Uvu " each YeaIlj and. WHEREAS, T aJrJlant County OILgan VonolL PILogJUUn and. the Uon'.ð OILgan and. Eye Bank aile htvolved. .in and. I ' .ðuppo!tt oILgan dorr.atlon pILogJUlmð .in T aJrJlant County, and. aile membeJLð 0-6 and .ðuppoJLt .the eØ-6oJLtð 0-6 .the c.oaLU:1..on on OILgan and. T~.ðue VonolL AwalLenu.ð 0-6 the Valla4/FoJLt WoJLth Me.:tJr.ople.x.j and WHEREAS, .in c.alettC.ÍaJL Yeall 1988 IU.dney ILet.JLieval .inClletL6ed. by 20 peJtc.ent, bone ILet.JLieval .inClleaðed. by 141 peJtc.ent and. oveJLatl ILe6~ 0-6 poten:ti.al.. oILgan and. Uð.ðue dono.lLð weJte up 112 peJtc.ent -ðJLom .the pILev.ioLLð YeaJL. NOW, THEREFORE, 1 , Tommy B1Lown, MayolL the Ci;ty 0-6 NolLth TUc.hland. H.iftð, T ex.að , do helleby pILocLabn the. week 0-6 A(JJLi.l 23Jr.d tMough AplLil 29th, 1989 a.ð: ' "NATIONAL ORGAN AND TISSUE VONOR AWARENESS WEEK" I I Ii I :.....r . ,; ',_....... -l \. I .in the Ci;ty o¡" NoJLth 1U.c.hland. H.iftð and. Ultge aU ci.:th.enð .to join in the week 0-6 ILec.ognition. I 1·/ fí,/t .Ji....< t,Y:I:/ , ¡k' '~ 11 (;;.-;j! /, . :.... I . " 6 ¡. '. ,,;. . ' '.~ I J ~ (~ ' IN WITNESS WHEREOF I have helleunto plac.ed. my hand. and. CllUðed. the .ðeal 0-6 the Ci;ty 0-6 NoJLth TUc.hland H.iftð t:.o be a+µxed tfr.lð the 23Jr.d day ot. AplLil, 1989. I ( . ( \ ~ ~1L ,,;, : \ ..~_~ ~f '.¡~ y 11'\';:; ;1'" , .. ,I . -'I .: ~ ì" , I . -- "1 '1.);. I Ie I I I I I I I Ie I I I I I I I Ie I . . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHlAND HILLS, TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST LOOP 820 - MARCH 27, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order March 27, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Linda Spurlock 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Rodger N. Line City Manager Dennis Horvath Deputy City Manager Patricia Hutson Assistant City Secretary Rex McEntire Attorney Absent: C.A. Sanford Jeanette Rewis Assistant City Manager City Secretary 3. INVOCATION Mayor Pro Tem Davis gave the invocation. Mayor Pro Tern Davis asked for point of privilege. Mayor Pro Tem Davis recognized Ms. Tanya Cobb and Ms. laura Hannon, students from Mrs. Staples' Government Class at Richland High School. 4. MINUTES OF THE SPECIAL MEETING MARCH 6, 1989 APPROVED Mayor Pro Tem Davis moved, seconded by Councilwoman Spurlock, to approve the minutes of the March 6, 1989 meeting. Motion carried 4-0; Councilwoman Moody, Councilmen Garvin and Metts abstaining due to~absence from the meeting. I Ie I I I I I I I Ie I I II I I I I Ie I March 27, 1989 Pag~ 2 5. ' MINUTES OF THE REGULAR MEETING MARCH 13, 1989 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Metts, to approve the minutes of the March 13, 1989 meeting. Motion carried 6-0; Councilwoman Moody abstaining due to absence from the meeting. 6. MINUTES OF THE SPECIAL MEETING MARCH 20, 1989 APPROVED Mayor Pro Tem Davis moved, seconded by Councilwoman Spurlock, to approve the minutes of the March 20, 1989 meeting. Motion carried 6-0; Councilwoman Moody abstaining due to absence from the meeting. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Moody removed Item No. 14 from the Consent Agenda. 8. CONSENT AGENDA ITEM(s) INDICATED BY ASTERISK - (9, 10, 11, 13, & 15) APPROVED Councilwoman Moody moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 7-0. * 9. GN 89-36 DETENTION SERVICE BUDGET ADJUSTMENT APPROVED *10. GN 89-37 CHILDREN'S lIBRARIAN APPROVED *11. GN 89-38 OBSTRUCTION OF SIDEWALKS ORDINANCE NO. 1597 APPROVED 12. GN 89-39 APPOINTMENT OF ALTERNATE TO THE CIVIL SERVICE COMMISSION APPROVED I Ie I I I I I I I Ie I I I I I I I Ie I . . March 27, 1989 Pag~ 3 Councilwoman Moody moved, seconded by Councilman Garvin, to appoint Janet Hankammer to the Civil Service Commission in the Alternate Place 2 position. Motion carried 7-0. *13. PW 89-14 APPROVAL OF MISCELLANEOUS PAVING AND DRAINAGE IMPROVEMENTS 1988 CHANGE ORDER NO. 5 APPROVED 14. PW 89-15 AWARD OF BID ON MACKEY CREEK, PHASE II CHANNEL IMPROVEMENTS APPROVED Mr. John Stinnel, Vice President of Walt Williams Construction, appeared before the Council. Mr. Stinnel stated their recommendation was that Rufe Snow be closed and traffic rerouted down Flory Street. Mr. Stinnel stated that by doing this there would be a $17,000 savings to the City. Councilwoman Spurlock questioned Mr. Stinnel about the bid specifications. Mayor Pro Tem Davis stated he felt it was worth the additional cost to keep one of the City·s major north/south thoroughfares open. Councilman Sibbet stated he felt there would be a safety factor rerouting the traffic to Flory Street. Mr. Stinnel stated the traffic would be. narrowed to two lanes on Flory Street, which he felt would be better than going through a construction site. Mayor Pro Tem Davis moved, seconded by Councilman Metts, to award the bid to Circle IICII Construction Company in the amount of $425,319.60 for a period of 270 calendar days. Motion carried 7-0. *15. PW 89-16 APPROVAL OF FINAL PAY ESTIMATE #10 N THE AMOUNT OF $35,236.88 TO SHARROCK ELECTRIC, INC. MISCELLANEOUS TRAFFIC SIGNALIZATION INSTALLATIONS" APPROVED 16. CITIZENS PRESENTATION None I Ie I I I I I I I ;Ie I I I I I I I Ie I March 27, 1989 Page, 4 17. . ADJOURNMENT Mayor Pro Tem Davis moved, seconded by Councilman Metts, to adjourn the meeting. Motion carried 7-0. Mayor ATTEST: City Secretary I I I I Department: CITY OF NORTH RICHLAND HILLS Economic Development 4/10/89 ~ Council Meeting Date: Request of Hamm & Sandlin to rezone Tract A, PZ 89-3 Agenda Number: ".' . SUbject: Block 29, Holiday North Addition, from C-I to C-2 This rezoning request is presented on property located at the southwest corner of Davis Blvd. and North Richland Blvd. The Planning and Zoning Commission recommended that Zoning Application PZ 89-3 requesting rezoning from C-I Commercial to C-2 Commercial be approved. RECOMMENDATION: The City Council should act on the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Bu et Other. Finance Review Acct. Number Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of R-3 1090 I-I I Ie I I I ( ( ~fINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 9, 1989 - 7:30 P. M. CALL TO ORDER The meeting was called to Chairman, John Schwinger, ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members I I I Membe Ma gement Serve oordinator Jo Schwinger rk Wood David Barfield Don Bowen Ron Lueck James Brock Pat Marin George Tucker Wanda Calvert David Greene I . I 1_- :~ -" CONSIDERATION OF THE MINUTES OF FEBRUARY 9, 1989 Ms. Marin made the motion to approve the minutes as written. This motion was seconded by Mr. Wood and the motion carried 6-0 with Mr. Lueck abstaining since he was not present at the meeting. 1. Request of Walker Real Estate & Investment Inc. for Short Form Plat of Lot 4, Block 2, Henry Addition. I I I I I Ie I 1- -~S 89-2 APPROVED Mr. Bowen made the motion to approve PS 89-2. This motion was seconded by Mr. Barfield and the motion carried 7-0. 2. PZ 89-3 Request of Hamm & Sandlin to rezone Tract A, Block 29, Holiday North Addition, from its present classification of C-l Commercial to a proposed classification of C-2 Commercial. This property is located at the southwest corner of Davis Blvd. and North Richland Blvd. Chairman Schwinger opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. I Page 2 ( P & Z Minutes ~ March 9, 1989 I I I I I I I . I I I ,I I I I Ie I ( Ron McGough came forward to represent Hamm and Sandlin. Mr. Bowen asked if they had any specific plans for the property. Mr. McGough said they have a small user for the southern portion of the property. He said it would be an oil change place and would repair brakes. Mr. McGough said automotive repair goes under C-2 which we did not know when we got this business. Chairman Schwinger called for anyone else wishing to speak in favor of this request to please come forward. There being no one, the Chairman called for those wishing to speak in opposition to please come forward. Linnia Grindly, 5609 Stone Drive, came forward. She said she was not sure if she was against this or not. She said this property is east of her property and she wants to know the difference between C-I and C-2. Mr. Tucker stated you could have 20% outside storage in C-2. Chairman Schwinger read the list of what could be put in C-2. Ms. Grindly asked if they meant they could have storage buildings there. Mr. Bowen said she was thinking about Mini-warehouses. He said you have to have industrial zoning for that. Mr. Bowen said the outside storage would be like a plumber might have some pipe he would need to store outside. Ms. Grindly asked if the building could be more than one story. Chairman Schwinger read the ratio for the height. I Page 3 P & Z Minutes March 9, 1989 . . ~ I I I I I I I . I I I I I I I Ie I PZ 89-3 APPROVED ( ( Mr. McGough said there would have to be a 50 foot set back because of a utility easement. Coral Harter, 5802 Crest wood Circle East, came forward. She asked if there would be an alley at the back where she could have an entrance through the back of her property. Mr. Wood said there is a requirement that they have a screening fence. Ms. Harter asked if the building could be higher than her house. Mr. Wood stated it could be. Mr. McGough said the proposed business would be south of the power line, next to the old Pronto store. Mr. Lueck stated that the plat showed a 30 foot easement instead of 50 feet. Mr. Bowen asked Ms. Grindly and Ms. Harter if they were in opposition to this zoning request. Ms. Harter said she just mainly wanted to know what would be built and if they could have an access to their property. Mr. Barfield asked if Ross Road had been abandoned. Mrs. Calvert said it had. Chairman Schwinger closed the Public Hearing. Mr. Wood made the motion to approve PZ 89-3. This motion was seconded by Mr. Barfield and the motion carried 7-0. I -- I I I I I I I Ie I I I I I I I I- I ( ( . . KNOWL TON-ENGLlSH-FLOWERS, INC;. CONSULTING ENGINEERS / Fort Worth-Dallas February 13, 1989 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: 3-002, CITY OF NORTH RICHLAND HILLS ZONING CASE PZ 89-03 REVIEV LETTER, ZONING FROM C-1 TO C-2 REF. UTILITY SYSTEM GRID SHEET NO. 105 Ve have received the referenced zoning case for our review and find that we could adequately locate this property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commission and the City Council. Ve would like to note, however, that the drawing submitted for this zoning request does not contain the required legal description of the metes and bounds for the proposed tract of land. In addition, we would recommend that a vicinity map be shown on all future zoning request submittals. ~~-<.S~~ SUSAN L. SCHWINGER, G.C.E. SLS/ss Enclosures cc: Mr. Dennis Horvath, Senior Assistant City Manager Mr. C.A. Sanford, Economic Development Director Mr. Greg Dickens, P.E., Director of Public Yorks Mr. George Tucker, Director of Planning Zoning Review PZ 89-03 Page 1 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I 14þ I I I I I I I Ie I I' I I I I I Ie I ORDINANCE NO. 1600 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-89-3 the following described property shall be rezoned from C-l to C-2. BEING Tract A, Block 29, Holiday North Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-130, Page 51, Deed Records, Tarrant County, Texas. This property is located on the west side of Davis Boulevard, south of North Richland Boulevard. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9th DAY OF MARCH, 1989. --5?1ßO ~P.;~/7 /' ~;~- t~~ CHAIRMAW PLANNINGQ.N}j Z6ÑñtG ISSION ~~~~...:7 SECRETARY PLANNING AND ZONING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-89-3 IS HEREBY REZONED THIS DAY OF - MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY ..' I' .. ~ CITY OF NORTH RICHLAND HILLS I ~epartment: SUbject: 1 Economic Development 4/10/89 ~ Council Meeting Date: Request of Americity Corporation for Appeal Hearing PZ 89-7 Agenda Number: for Zoning Application PZ 89-7 1 . On March 23, 1989, the Planning and Zoning Commission heard Zoning Application PZ 89-7, a request of Americity Corporation for rezoning a portion of Tract 1A7, Thomas Sprouse Survey, Abstract 1399, from AG Agriculture to R-3 Single Family. This property is located south of Bursey Road, east of Rufe Snow Drive, and west of the Western Oaks Addition. The Planning and Zoning Commission recommended denial. The applicant is requesting that the City Council consider an appeal of the Planning and Zoning Commission denial. RECOMMENDATION: It is recommended that the City Council authorize the Appeal Hearing of Zoning .4IÞ Application PZ 89-7 and schedule the Public Hearing for May 8, 1989. Source of Funds: Bonds (GO/Rev.) _ Operating Budget ~ .. Other ~"I Finance Review Acct. Number Sufficient Funds Available J,,)~'rt-í.) 121f{/~ City Manager . Finance Director Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I" I I I I I Ie I ( ~ *: LI U TM ( r . AMERICITY FEDERAL CORPORATIONTM March 24, 1989 Ms. Wanda Calvert Ci ty of North Richland Hills" Texas 7301 N.E. Loop 820 : P.o. Box 18609 North Richland Hills" TX 76180 t Re: PZ89-7 Dear Wanda: I wish to appeal the March 23" 1989 decision of the Planning & Zoning Commission concerning the above captioned zoning request. Please schedule my appeal for the City Council meeting to be held on April 24~ 1989. Please confirm my inclusion on the agenda in writing. ISteven R. Sloan Consultant cc: Thomas Keen'l Esq. 4- 750 N. ST. PAUL. SUITE 1500 DALLAS. TEXAS 75201 214/922·0166 - ,,,..,,, .', '-f . I I I I I I ..-;.,. .. CITY OF NORTH RICHLAf\lD HILLS Department: \. '-- 'Subject: Economic Development 4/10/89 ~ Council Meeting Date: Request of Burk Collins Investments for Corrected Replat of Lots 5 & 6, Block 1, North Hills Village Addition PS 89-05 Agenda Number: The Planning and Zoning Commission approved the Replat on 1-12-89 with Council approval on 1-23-89. However, the Title Company has requested BurkCollins Investments to not : show the easements abandoned on replat approved by the City Council on 1-23-89. The Title Company Attorney feels that the Replat with both existing and abandoned easements are confusing. This abnormal request has prompted a corrected Replat for clarification purposes only. Procedure calls for approval of this corrected Replat by the City Council. . Recommendation: The Staff recommends the corrected Replat be approved. ." ~ Finance Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) Operating Budget Other & Departme ·······.··.··'·,···1 ~.. -¿~ Head Signature ' City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 '" ., . I I _epartment: SUbject: I I I I ~ . IJ r. t , CITY OF NORTH RICHLAND HILLS Economic Development 4/10/89 ~ Council Meeting Date: Request of Collins Investments for variance to Section GN 89-21 Agenda Number: 24.2.1 of the Zoning Ordinance (Masonry Requirement) in Stonybrooke South Addition The Planning and Zoning Commission, at the request of the Council, has investigated the . proposed concrete tilt up housing and after two open meetings and Staff investigation find that if certain procedures are followed, the proposed type construction could be permitted. The Planning and Zoning Commission recommends allowing this type of housing with the following stipulations: I I 1. . Allowed only in Planned Development Zoning. 2. House size be a minimum of 1,400 square feet. 3. Building code be amended as follows: a. Each house to be structurally designed in accordance with the soils condition of each specific lot. This fact to be attested by a Registered Professional Engineer. b. Concrete tests, three cylinders for each 25 yards of concrete used for foundation and walls, be made for each house. c. Before the final inspection, a statement from a Registered Professional Engineer will be submitted to the City stating that the structure has been constructed in accordance with plans and specifications. e RECOMMENDATION: The City Council should act on the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Rev.) _ Operating Budget - Other ~~k . Finance Director Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Page 3 P & Z Minutes March 23, 1989 ( ( Ie I I are working with the Chairman Hearing. Public I PS 89-3 APPROVED arfield made the motion to accept the Staff's plan, Scheme B, and send it on to the City Council and suggest the neighbors within 200 feet be notified prior to going to council. I I This motion was seconded by Mr. Wood and the motion carried 7-0. 2. PZ 89-5 Consideration of recommendation to City Council regarding the use of alternate masonry material as stated in Section 24.2.1 of Zoning Ordinance #1080. I I Ie PZ 89-5 APPROVED Chairman Schwinger said he would make the motion on this request: He said the Commission recommends approval for the use of "prestressed, precast concrete tilt wall" in residential construction as a Planned Development District in the R-l, R-2, and R-3 housing category of the City's Zoning Ordinance 81080. Also, to be adopted into the development controls Section #24.2 of 81080 Zoning Ordinance. Fúrther, we request the City Staff to draft, under the supervision of a registered structural engineer, inspection procedures for the on site testing and evaluation of concrete tilt wall constructed houses. He said we direct the Staff to incorporate in the "City Building Codes" for residential construction the maximum quality standards now inforce for the mixt~re of aggregate materials with portland cement. To require rigid safe guards for the on site forming and curing of concrete tilt walls. I I~ I I I I Ie I I I Page 4 P & Z Minutes March 23, 1989 ( Ie I I I I I I I I I 3. PZ 89-6 I I I I 4. PZ 89-7 I Ie I I ( Ms. Marin said she wanted to amend the motion to add: the structures to be built to site specific specifications, require a registered Structural Engineer to approve the site, do soil report; outside to be stucco finish and roof to be concrete tile or roof with similar weight, and exterior surface to be sealed with silicone water proof sealer or synthetic equal to the silicone and applied per manufactured recommendations; sealer to be applied to entire exterior perimeter to a level of not less than 4 feet from the bottom of structure; engineer to inspect during construction and on completion and approve structure prior to occupancy; and homes to be a minimum of 1400 square feet living area. This motion was seconded by Mr. Bowen and the motion carried 7-0. Chairman Schwinger stated the next two requests would be heard together but voted on separately. Request of Americity Corpor rezone portions of Tract Al & lA7, Thomas Sprouse Surve~ bstract 1399, from their present assification of AG Agriculture a proposed classificat of C-l Commercial. This pro ty is located south of Burse oad, east of Rufe Snow Drive an est of Western Oaks Addition. Request of Americity Corporation to rezone a portion of Tract lA7, Thomas Sprouse Survey, Abstract 1399, from its present classification of AG Agriculture to a proposed classification of R-3 Single Family. This property is located south of Bursey Road, east of Rufe Snow Drive and west of Western Oaks Addition. Chairman Schwinger opened the Public Hearing and called for those wishing to speak in favor of these requests to please com~ forward. I Ie ·1 I I I I I I Ie I I· I I I I Ie I I . , .-. . .... .. pz.. 9?-S ~ S£ 1f'tIJw PROFESSIONAL ENGINEER 5301 Sun Valley Drive Fort Worth, Texas 76119 March 15, 1989 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas Attention: Design Review Board Subject: Additional Unique Homes Design Data Gentlemen: Submitted herewith is additional data on the design and construc- tion of Unique Homes of Arlington tilt wall concrete homes. Models - Unique Homes has over twelve models of their single floor affordable homes available for customer selection, and could, if necessary, provide specific designer homes. Models 113l and lOll have been constructed in North Richland Hills at 8406 and 8408 Crystal Lane. Foundation - The foundation design provided for the floor and wall supports surpasses all FHA minimum standards. The foundations are monolithic construction, with 3000 psi ready mix concrete. For soils with P.I. greater than 20, the depth of the supporting beams are in- creased as shown on the standard detail sheets provided with each set of plans. Cross beams are provided under the" major load bearing partitions and at distances limited to the free span capacity of the exterior wall grade bèams. Exterior Walls - The 3i" to 4" concrete wall will weigh approximately 50 Ibs. per square foot, and the capacity of each wall to fully sustain such a load is automatically verified during the tilt- up procedures. Moreover, the concrete walls, when set in place, are leveled and shimmed so as to prevent any cracking because of temperature variation. Although these concrete walls may be somewhat higher in weight than an equivalent brick wall, the concrete walls are not as fragile as brick and are therefore capable'of spanning the distances used in all Unique Homes design. Note: The weight of a brick wall will vary with the type and width of the brick used. However, in general, reinforced concrete weighs approximately 150 Ibs. per cu. ft.; and reinforced brick weighs approximately 120 Ibs. per cu. ft. I ': ' Ie I I I I I I I Ie I I" I I I I I Ie I North Richland Hills -2- Mar. 15, 1989 Interior Walls - Interior Walls are of standard construction. Tile Roof Supports - Structural supports for the lifetime tile roof currently being provided as a feature of the Unique Homes design limits rafter span distance to equal or less than code requirements, and are completely consistent with the superior design aspects of the Unique Homes. Yours very truly, ff~4 ~ Ralph A. Willes, P.E. RAW/rsw c.-ct::~~~"~ _4b E. OF ¡." '" ìf/Ø' þ ~ .o...eoo. ~J- t!\. , ~ r._ a. -. 4A ;i} J1I' '? :... .!~ ..~ fú' '4 ~ ~. *.. ~;. ~:-ri' \. « ~la I·· p~ .*~ i£..~.i......o... '- "--('1e~.~.~~~... .& ~ RAL?H ALViN VJ'LLt:.:S ~ ~.«t. .'~"'.... .......0 Q.,o. .......:. ....-:..1 YA · .~~ ~~')\ ^ 41816 -l~1 " i" ~ G ¿.;,- ~ 'fj;,~.. ...~v d cfJ ~A·O:~G>~-..--·...r:t;~ 00 ~~d ~,' .cf" ;;:"" c_. I ~'Þ ¡ ~ ...~(,;'9~~,ø' ~~~ ~~~ 0......0 ~\i~V ~ ~\ ~!DtJA~ ~~~ ,~,~~~~~ I Ie I I I Page 4 p & Z Minutes March 9, 1989 3. PZ 89-5 I I I I Ie I I· 1 I I I I Ie I ( ( Consideration of recommendation to the City Council 'regarding alternate masonry material for houses as stated in Section 24.2.1 of the Zoning Ordinance #1080. Mr. Tucker stated this is not a Public Hearing, but anyone who wishes to speak may speak. Burk Collins came forward. He said he is asking for a variance from the brick requirement. He said they had taken the request to the City Council, but the City Council wanted input from the Planning and Zoning Commission. Mr. Collins stated this type of house has been being built for 4 years. He said it is probably more sound than a brick house. Mr. Collins stated it is approved by a structural engineer; the insurance is cheaper; and it is approved by FHA. He said this is affordable housing. He said some people cannot afford $100,000 homes. Mr. Collins said this area is unique in that it has Industrial zoning to the west and a railroad to the south and east. He said they enter into the subdivision from Odell Street. He sâid he feels this area is right for this type housing. Mr. Collins said they are presently doing a soil test for the lots. He said he has been building tilt walls for years. Mr. Wood said the Commission's concern is the structural design holding up the walls. Mr. Collins said it would be a hundred- times more support. He said there would be no more weight than you would have with brick walls. I . ' Ie I I I I I I I Ie I I- I I I I Ie I I Page 5 p & Z Minutes March 9, 1989 ( ( Mr. Tucker said in commercial structures, you have steel tieing together, but this would be wood. Mr. Collins said steel would be a lot stronger. Jackey Fluitt came forward. He said the rafters are set on the wall and attached. He said all the houses would have tile roofs. Mr. Barfield said the panels would be running parallel to the joists. Mr. Fluitt said he was not sure if they plan to use trusses. Mr. Brock asked if a tile roof is mandatory. Mr. Fluitt said it was not. He said the tilt walls would be poured on site. Mr. Collins said that in these houses that have been built for 4 years, you won't find a single crack. Mr. Lueck asked if they would have piers. Mr. Fluitt said only if needed. Mr. Collins said he wants to restrict them to tile roofs. He said he felt the Commission would see more and more of this type structure. Mr. Wood asked if they had been engineered. Mr. Fluitt said all the plans have to be stamped by a structural engineer. Mr. Barfield asked if they felt the City Staff is qualified to inspect these homes. Mr. Collins stated they know about tilt walls in Commercial. I Page 6 ( P & Z Minutes 1_ March 9, 1989 I I I I I I I Ie I I I I I I Ie I I ( Mr. Barfield said the wind load on a metal building would be different. He said this is not quite the same as commercial buildings. Mr. Fluitt said the structural engineer would be liable. He said they carry a 10 year HOW guarantee. Mr. Barfield said there are some tilt wall houses built several years ago that are unsightly. He said he feels the Commission needs to study this. He said once you start allowing this, you would have to allow others, also. Mr. Fluitt said he felt you would be seeing more and more of these because of the economics. Mr. Barfield asked if Dantex was like stucco. Mr. Fluitt said it was. Mr. Lueck said he was concerned how they would look in 20 years. Mr. Fluitt said the upkeep would be less. Mr. Collins said you can re-do the finish. Mr. Lueck said the Commission strives to improve the image of the city. He said if it gets presented wrong, it may not help our city. Mr. Collins stated they had already built two of them in this area and they look better than the brick ones. Mr. Tucker said if build correctly, they would probably be alright. He asked if the contractor is checking to make sure of 3,000 PSI in his panel. He said we might have to have more checks. I Page 7 ( P & Z Minutes Ie March 9, 1989 I I I I I I I Ie I I I I I I I Ie I I ( Mr. Collins said he knew all about checking concrete. He said he built the bridge at North Hills Mall and he spent $30,000 on checking concrete. Gary Livingston, 8708 Copper Canyon, came forward. He said he felt this type construction would become an eyesore. He said he did not see why the Commission would allow it. Charles Scoma, 8300 Cardinal Lane, came forward. He said he was not here to speak in opposition to this request, but if this was not properly planned, it could be a detriment to the city. Mr. Scoma said we have type 5 soil in North Richland Hills. He said the subdivision, Forrest Hill, has different soil than we do. Mr. Scoma said in Arizona, you find a lot of houses like this, but here our humidity is 50 to 60%. He said they have tried to build houses with basements, but were unsuccessful. He said sealing a basement to keep it from leaking is a problem here. Mr. Scoma said the Planning and Zoning Commission needs to consider the overall betterment of the community. Hê said they should deal with structure, footings, and joist. He said they should consider not just what is put on paper, but what is best for North Richland Hills. Curing time for painting, knowledge of inspectors, etc. Mr. Scoma said this area may not be hidden forever; the railroad may end up b~ing a commuter line some day. Chairman Schwinger said the Commission needs further study on this matter. He said after the study, we will come back at the next meeting and decide what to do. I Ie I I I I I I I Ie I I I I I I I . e I I City of JX8rth Richland Hills, Texas March 9, 1989 TO: Planning and Zoning Commission FROM: George C. Tucker SUBJECT: Tilt Wall Housing An investigation into tilt wall construction was undertaken by Staff and our findings are as follows: 1. First of this type of housing was constructed in Venus, Texas, 1985 (one home). 2. First subdivision of this type of housing was constructed in Steele Meadows, Fort Worth, Texas in 1987. 3. Second subdivision of this type was constructed in Forrest Hills, Arlington, Texas in 1988. The Planning and Zoning Commission and City council is being requested to plow new ground as there is no past history on which to base a decision. Tilt up systems are less forgiving than wood framing if there is a high level of ground movement. Also the exterior finish (Dan-Tex) coating is more likely to peel if due to poor preparation than wood. Being that this type housing is relatively new, the Commission and Council should review the system as well as the exterior appearance. ~l1 '- (817) 281.Q041n301 N.E. LOOP 820IP.O. BOX 18809/NORTH RICHLAND HillS, TX 71110 I Ie I I I I I I I Ie I I I I I I Ie I I f!lI4/v ,s;{ 1/~ PROFESSIONAL E~GINEER 5301 Sun Valley Drive Fort Worth, TX 76119 March 3, 1989 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas Attention: Design Review Board Gentlemen: Please be advised that the tilt-waIl-construction house which Unique Homes of Arlington is building is a superior, not an inferior, house concept. The house introduces the highly successful commercial building method into the low cost housing market. The exterior walls are more than twice as strong as standard wood or brick construction; and each wall's structural integrity is automatically verified by the tilt-up procedure. These affordable homes combine the precision of modern manufacturing with the benefits of on-site construction. Exterior walls are insulated and reinforced concrete with the traditional readily adjustable plaster board wall interiors. The roofs are standard life-time tile construction. These homes can be financed by conventional, FHA and VA. I am an approved VA, as well as FHA residential building certifier. Very truly yours, , ~:':.:.....:. ~I.":·,-t·:~ "-', ~~..(~ 0,· i·~~'-'~' io.. ' ~~v:~....·:....~~~:~¡~,~ ,¿III' -". (~ · . if. 'l"'. ,,~ , .~ ....~~:, ~ -., _,f'..). Ii}} i! if ..- -~i"¡J' .. fr t:\ ~ * : ;. . ....;\ , ~'t ~j ~.. .I.....,,~.... tI, ....." .'.....,..~... r; ;. RALPH AlŸII~ ~VILLr.~ ~ ~...:.~...~...............~...~ ~, \ - "'.. '- r.. -ö · 41816 , i;:' ;J ..~ .,...~ ,.. /.)., ~ .. <;'-I, f '.,Þ.. · , ~._... ......<.,:. .a.-~-ø 't..., "-. .' V fr fl' ~~' '-' t '\.J_.' C , ',', ',' ..:t to .. .... .- ~ ~ ." .. . .'"'. "". . .~ ..~. ': k_·. ~ "'~'{ ~ t '-,,- \oa. ~'. . ~..... ~ . ¿ tt .. - . .. :.~.:.. \;J .¡,,-- ',. ~ J 0 ¡\J f-\ l.. ;.¿;~ 4r ~~f'" ,...... ~ ~.... tff~d d ~ Ralph A. Willes, P.E. I Ie I I I I I I I Ie I I I I I I I Ie I Home B~ Warranty8 March 7, 1989 Mr. Buddy Clapp B.C.I., Inc. 5301 Sun Valley Drive Fort Worth, Texas 76119 RE: Acceptance of Stucco Finished Home for Warranty Purposes Dear Gentlemen: It has been brought to Home Buyers Warranty attention that the city of North Richland Hills, Texas does not presently allow residential structures with stucco finish utilized as siding. However, there is soon to be enacted an amendment to the city building code that would allow for the construction of such dwellings. Therefore, please be advised that should the city of North Richland Hills, Texas enact such an amendment to it's present ordinance, then Home Buyers Warranty in turn would accept such residential structures into its respective warranty programs Erovided that all other elements affecting construction of such dwellings are in compliance and acceptable to the building codes of North Richland Hills, Texas. Also, please be informed that for warranty purposes Home Buyers Warranty does not regard a stucco finish on any particular dwelling as any part of a load bearing element that would have structural defect potential. The stucco exterior would be regarded as merely masonry siding and would only fall within the confines of the Home Buyers Warranty one year workmanship warrantys. Sincerely, ~~ £.~. Herman E. Yore District Underwriting Manager Dsitrict Four HEV/ra Home Buyers Warranty 624 Matlock Centre CircJe Arlington , Texas 76015 (817) 265-1100 (BOO) 772-5422 Texas Only (800) 232-5842 I Ie I I I I I I I Ie I I I I I I Ie I I SAM LONG, AGENCY Ins urance 314 N. EDt StN" . Suite Two . P.o. Bo.69 . Arliqton. Te... 76010 . (817) 860·...... . Metro 261.6;68 March 6, 1989 Unique Homes 5301 Sun Vally Drive Fort Worth, Texas 76119 Gentlemen: This agency is able to furnish Homeowner insurance policies to the purchasers of Unique Homes for 7% less than the same coverage would cost for a conventional Brick Veneer ~ype construction. Example: 70,000 Unique Home $333.00 annual premium 70,QOO Brick Veneer $358.00 annual premium A savings of $25.00 per year for exactly the same coverages. Sincerely, ~~~t I I. I I I I I I I I· I I I I I I Ie I I / 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 mak1ng 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 I. I I I I I I I I- I I I I I I Ie I 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 ;s issue. Fluitt JF/jk I . ' Ie I I I I I I I fit I I I I I I -. I I ( ( February 27, 1989 Page 5 *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) APPROVED 11. GN 89-17 CALLING CITY COUNCIL ELECTION _ RESOLUTION NO. 89-12 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Resolution No. 89-12 with the following persons s ving as election officials: Election Judge, Cal luper; Assista Judges, Susan Burk, Sherry Arnold and Jane Bell; Alternate Assi nt Judge, Bob Bartley. The following persons appointed as the Absentee allot Board: Chief Judge, Cal Luper; Members, Jeanette Rewis and S an Burk. Motion carried 5-0. Councilman Garvin moved econded by Councilman Metts, to postpone GN 89-18, GN 89-19 and G 9-20. 12. NG ON SMITHFIELD ROAD ASSESSMENTS POSTPONED Motion carried 5- 13. GN 89-19 DETERMINING THE NECESSITY FOR IMPROVEMENTS ON SMITHFIELD ROAD - ORDINANCE NO. 1595 POSTPONED 14. GN 89-20 CLOSING HEARING AND lEVYING ASSESSMENTS FOR IMPROVEMENTS OF SMITHFIELD ROAD _ ORDINANCE NO. 1596 POSTPONED 15. GN 89-21 REQUEST FOR USE OF CONCRETE EXTERIOR FINISH ON RESIDENTIAL HOUSES IN THE STONYBROOKE SOUTH SUBDIVISION ACTION DEFERRED Mr. Burk Collins, 8251 Bedford Euless Road, appeared before the Council. Mr. Collins stated he was here to ask the Council to approve the use of concrete tilt walls on houses in the Stonybrooke Subdivision. Mr. Collins stated he felt this request was not out of line because of where the subdivision was located. Mr. Collins stated this property was bounded on I . . I. I I I I I I I I- I I I I I I Ie I I ( ~ February 27, 1989 Page 6 the west by industrial, on the south by a railroad and on the north by R-2. Mr. Collins stated he had a builder that was ready to build in the subdivision and the subdivision could be completed in a year. Mr. Collins stated these houses were stronger constructed than the normal frame houses. Mr. Collins stated the houses would have tiles roofs and the fire rating was much better than on the normal houses. Councilman Garvin asked Mr. Collins if he had ever built any tilt wall houses of this type. Mr. Collins stated no, but he had built tilt wall warehouses. Councilman Garvin asked what knowledge he had of houses that had been built for a number of years in an area where it reflected durability similar to our climate and soil conditions. Mr. Collins stated the man that designed these houses and had a patent had been building them for a number of years. Mr. Collins stated the designer had quite a few of these type houses in Summerfields and in south Arlington. Councilman Metts asked if the City staff had seen and approved the plans. Mr. Collins stated yes. Councilman Welch asked if this was a variance from the Zoning Ordinance. Mr. Line quoted the following from the Zoning Ordinance: "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 characteristic". Mr. Line stated it was a variance to the extent that Council action would have to be taken. Councilman Sibbet asked what the possibility was of the foundation or walls cracking when settling begins. Mr. Collins stated that in his opinion there would be less cracking on this type of house than other types. Mr. Jack Roseberry, 8912 Martin, appeared before the Council. Mr. Roseberry stated he was assisting Mr. Collins in marketing this subdivision. Mr. Roseberry stated several consultants had been consulted and the top recommendation were the homes with the concrete tilt walls. Mr. Roseberry stated this type of housing was approved by FHA. Mayor Pro Tem Davis stated he would like the Council to have a recommendation from the Planning and Zoning Commission and input from the staff on the technical aspects on this type of structure. Councilman Metts asked Mr. Roseberry how many of these type of houses they plan to construct. Mr. Roseberry stated it would depend on the demand. I I. I I I I I I I ~ I I I I I I ~ I I ( ~ February 27, 1989 Page 7 Ms. Myrtis Byrd, 7312 Hialeah Circle, appeared before the Council. Ms. Byrd asked what the square footage of these houses would be. Mr. Fluitt replied 1,400 to 1,500 square feet. Ms. Byrd stated she had seen these houses and they looked like motels. Ms. Byrd asked Council to deny the request~ Mr. Charles Scoma, 8300 Cardinal Lane, appeared before the Council. Mr. Scoma stated he was not so much against the request but did feel their needed to be additional study. Mr. Scoma stated he felt it was premature to deny or approve the request. Councilman Welch moved to deny GN 89-21. Motion died for lack of a second. Councilman Metts moved to table this request until the next meeting. Motion died for lack of a second. Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to send the request to the Planning and Zoning Commission for their recommendation and for the staff to provide a study on the structure and soil conditions for this type of building. Motion carried 4-1; Mayor Pro Tern Davis, Councilmen Garvin, Sibbet and Metts voting for and Councilman Welch voting against. *16. GN 89-22 PROPOSED SALARY RANGES FOR BUDGET DIRECTOR AND ADMINISTRATOR OF CONTRACTS AND MAINTENANCE POSITIO APPROVED 17. GN 89-23 REQUEST FOR WAIVER OF BU APPROVED Councilman Garvin moved, seconded b uncilman Metts, to require Mr. Stevens to obtain the permit an e fee be waived. Staff to work up guidelines regarding this t of permit. Motion carriAd *18. GN 89-24 SETTING DATE FOR RUN-OFF ELECTIONS _ RESOLUTION NO. 89-13 APPROVED I Ie' I I I I I I I Ie I I" I I I I Ie I I IIIIL -= ~ --.- ~...---. CITY OF NORTH RICHLAND HILLS ~ ' Department: .Ubject: Public Works/Utilities - 4/10/89 - Council Meeting Date: GN 89-40 Agenda Number:_ Wholesale Water Contract Between the Clty of NOrth .td.chland Eills anå tilt: City of Fort Worth - Resolution No. 89-23 The new wholesale water contract was presp.nted to you at your Council workshop on March 20, 1989. As previously communicated, the Tarrant County Mayors' Council recœmends all custaner ci ties approve the subject contract. Dt.le to its length, a copy of the final contract has not been included in your packet, but a copy is available fran the City Secretary's office for your review if desired. Recarmendation: The staff recœmends approval of the new wholesale water contract between the City of North Richland Hills and the City of Fort Worth to be effective from April 1, 1989 through December 31, 2010 and approval of Resolution No. 89-23 which authorizes the Mayor to sign said contract on the Ci ty' s behalf. e Source of Funds: Bonds (GO/Rev.) a Operating Budget ., Othe Finance Review Acct. Number N/A Sufficient Funds Available ¡/( ~/ ~ nt 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. 89-23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHlAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized and directed to sign the attached CONTRACT FOR WATER SERVICES BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE CITY OF NORTH RICHLAND HILLS, TEXAS as the act and deed of this City . PASSED AND APPROVED this 10th day of April, 1989. APPROVED: Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City I ? -'I Ie I I I I I I I Ie I I" I I II I I I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL. . No. IR 89-20 Date: March 20, 1989 Subject: PROPOSED NEW WHOLESALE WATER SERVICE CONTRACT WITH THE CITY OF FORT WORTH Negotiations between the City of Fort Worth and its Wholesale Water Customers concerning a new uniform contract began in June, 1987 imnediately after the adoption of a new Wholesale Wastewater Contract with the City of Fort Worth. The negotiations were coordinated through the Tarrant County Mayors Council. -After 22 m:mths of Iœetings and discussions, a final contract has been agreed upon by the Tarrant County Mayors Council and the City of Fort Worth (see attached letter). A sunmary table canparing aspects of our existing contract and the proposed . new water contract is shown below. SUMMARY TABLE cn.1PARISON OF EXISTING AND PROPOSED WATER CONTRACTS With The City of Fort Worth ISStÆ EXISTING PROPOSED 1. Effective date Ma.rch 19, 1964 April 1, 1989 2. Expiration date" March 19, 1994 December 31, 2010 3. Provisions for None Third Party disputing bill Arbitration, if necessary .... 4. Basis of rate Budgets Actual historical calculations _ cost test year data 5. Years between 5 years 3 years rate study by consultant 6. Years between N/A 1 year FW study update 7. Minimum amount of None 6 Ironths advance notice of rate change 8. Water ·rationing Yes Yes provisions 9. Provisions for No Yes custaner advisory cœmittee ISSUED BY THE CITY MANAGER NORTH RICH LAND HillS, TEXAS I Ie I I I I I I I Ie I I' I I :1 I I Ie I ~'! I ISSUE EXISTING PROPOSED 10. Minimum annual No Current year volume payment rachet plus 3-year average on . demand charges 11. Demand Charges Yes Yes 12. Provisions for No Yes System Access Fees 13. FW "Retail Rate Yes No + 10%" minimum charge You will notice that our existing water contract with Fort Worth was to expire on March 19, 1994. Renegotiation of our contract was only a few years away, so being able to collectively bargain wi th the City of Fort Worth was beneficial. Fort Worth' s incentive was the need to simplify metering and billing operations by negotiating a unifoIm contract to be effective for all wholesale water custaners at the same tine. The new contract rates will be based on historical actual cost data versus the existing contract's rates being based on budgeted figures. This should alleviate any of our concerns about "inflated" budget figures and provide us with rates more near a "cost-of-service" concept. Due to the demand charge philosophy which allows for a end of Fiscal Year settle-up and the new contract's provision concerning minimum monthly payment, a mid-year settle-up will be required. In sane cases, Fort ~1orth will have to credi t the custaner' s account for the ærount Fort Worth will owe, but in our case we will owe Fort Worth approximately $73, 750. All monies paid during the year will apply towards the end-of-year settle-up. 'I. Respectfully ~ubmitted, GWD/ds I \ . . . ~" it Ie I I I I I I I Ie I 1-· I I .1 I I Ie I .' 1¡' .. ',' \ ; ··;'B-;téÕ(;~:;}. [: ~~~\ .< .A Þ ~: :t' . _: ... .. .' þ .: .. . .... ....:..:....... COUNCIL MAYORS' of TARRANT COUNTY March 16, 1989 Dear Mayors: On behalf of the Mayors·'- Council Water Committee, it is our pleasure to inform you that a new Wholesale Water Contract with the City of Fort worth is near comp~etion. As the result of many hours of analysis and negotiation, we believe that the water contract represents a fair agreement between the needs of the customer cities and the needs of Fort Worth. The voting members of the Tarrant County Mayors' Council recommended the adoption of the Wholesale Water Contract to all Fort Worth customer cities on February 6, 1989. Since that time, the customer cities should have received a draft copy of the wholesale water contract for their review. -In addition, a legal opinion has been rendered by Mr. Frank Booth, an Austin attorney noted for his water contract expertise. No major legal problems were announced by Mr. Booth. In the near future, your city will receive a final contract documént from the Ci ty of Fort, Worth for your approval and signature. After reviewing the contract, you are urged to include an appendix that may be unique to your city. Note all contracts will be nearly exact and have a termination date of December 31, 2010. The effective date of the new contract is expected to be as close to April 1, 1989 as possible. Please call any member of the Mayors' Council Water Contract Committee or the Negotiating Sub-Committee if you have any questions. The water contract represents a long and sometimes complicated process. Your patience, .concern, and cooperation will be g~~atly appreciated. Sincel"'ely, ~~ Bill Souder, Mayor - CO-Chairma11 M ¿;14~ Bill Flippo, Mayor CO-Chairma11 Azle Bedford Benbrook Blue Mound Burleson Colleyville Crowley D~lworthington G~rdens Edgecl iff ViII¡¡ge E u less Ever n'¡¡n Forest Hill Gr¡¡ nd Pr¡¡ irie Gr¡¡pevine H¡¡ hom City H¡¡slet \ Hurst Keller K~nned~l~ L~ke~ide 1.3ke Worth M~n~fi..frl N Rirhbnrl Hille P~nf~.n P,.It"'1In A'1IU 0:...........,4 un.... n:..__ ^......... . . I· . ...... ...... ~ 1 _ I I 1 I I 1 I I_ I I~ I I 1 I 1 I_ I !! ~ 1 ; Water Committee Sub-ColU8ittee Bill Souder, CO-Chairman Mayor, City of Hurst 281-.6160 Ron Haynes, Chairman City of Hurst 281-6160 Bill Flippo, CO-Chairman Mayor, City of Saginaw 232.~4640 Greg Dickens, Member City of N. Richland Hills 281-0041 Nick P9well, Mayor 'Ci ty of - Keller 431-1517 . ' Barry Lebaron, Member ~City of Richland Hills 595-6600 Art .Wright, Mayor Town of Edgecliff Village 293-4313 Pat Moffatt, Member City of Saginaw 232-4640 Walt Eller, Mayor city of Crowley 297-2201 Bob Salinas, Member City of White Settlement 246-4971 ~om ~olland, Mayor· , city of,River Oaks 626-5421 Mike Groomer, Member City of Haltom City 834-7341 Don Walker, Mayor City of Forest Hill 293-3~95 Charles Harris, Member City of Burleson 295-1113 Bill Vincent, Mayor City of Richland Hills 595-6600 ";'-'-. ~--..;:" C· <.; . ....~<;.c,# ''''', "'".?-'" "'I'J"O·.' I- I I I I I ~I ~I ~I l,1 ~I ~I ···.·.:·.·.'..·..·..·.·.···1.·.........., .",.~~<~ (~~, wi ·.·.·.:.1.,1· ._\:¡, ~I I \ . ~I ··-..,···'..···..·.·..··.·'1..·,:··........ ~t~ ~ch ~i.c CITY OF NORTH RICHLAND HILLS Administration Department: Inter-Local Agreement wltn Haltom Llty Subject: for Golf Course Project C ·1 M · D 4/10/89 ouncl eetlng ate: Agenda Number: CìN 89-41 On September 13, 1989 the City Council approved a proposed Inter-local Agreement with Haltom City providing the terms and condjtions for operation of that portion of Iron Horse Golf Course that is being constructed within the city limits of Haltom City (GN 89-16). The proposed agreement has been rewritten to include a provision regarding green fees as requested by the Haltom City City Council and is resubmitted herewith for your consideration. The City Council Ad Hoc Golf Course Construction Committee has reviewed the attached revised agreement and recommend its approval. Recommendation: It is recommended that the City Council approve the attached revised Inter-Local Agreement and authorize the Mayor to execute it on behalf of the City of North Richland Hills. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM ~ -'" K' f1 / ~ , City Manager , Finance Director Page 1 of 1 I· 1 STATE OF TEXAS 4IÞCOUNTY OF TARRANT 1 I I I Richland Hills; and WHEREAS, a portion of the golf course will be within the city limits of I the City of Haltom City, Texas; and I consolidated under one source of municipal management. I § INTER-LOCAL AGREEMENT § WHEREAS, the City of North Richland Hills, Texas is building a municipally owned daily fee golf course (IRON HORSE AT NORTH RICHLAND HILLS) generally along the contour of the bed of Big Fossil Creek; WHEREAS, the course will be built, owned and operated by the City of North WHEREAS, the undersigned agree that municipal powers and responsibilities in connection with the building and operation of the golf course need to be NOW, THEREFORE in order to define municipal powers and responsibilities in l4IÞconnection with the building and operation of a golf course on the tract of land which is described in Exhibit "A", attached hereto and made a part hereof, the cities 1 agree as follows: I- municipal fun€tions as they relate to the tract. of land shown in Exhibit "A" I I I I I there is a differential fee structure established. 14IÞ I The City of North Richland Hills, Texas shall be responsible for all including, but not limited to, police protection, fire protection, streets, road and drainage, public health and welfare, waste disposal, engineering, administrative functions and other governmental matters, discretionary or otherwise, involving the operation of the golf course and the use of land involved. FURTHERMORE, it is agreed by the two cities that because of location of the golf course and the fee ownership of the land involved, Haltom City residents shall receive the same green fee rate as North Richland Hills· residents in the event INTER-lOCAL AGREEMENT - Page 1 I- . . II The City of North Richland Hills agrees to indemnify and hold the City of 4IÞHaltom City harmless from any and all claims and demands made by any person, firm or I I the tract in question. I I course. Should the course be sold or should the course be leased without city I I I Ie I I ATTEST: I Jeanette Rewis, City Secretary I I I ATTEST: corporation in connection with the operation of the golf course on the subject tract as well as any claim or demand arising from its exercise of municipal authori~ over This agreement shall be in full force and effect so long as the golf course in question is operated by the City of North Richland Hills as a municipal control of expenditures and fee structure, then the City of Haltom City shall have the right to renegotiate this agreement. A copy of the current agreement between Recreational Services, Inc. and the City of North Richland Hills has been reviewed by the parties hereto and the parties agree that such agreement does now constitute a lease without City controls which would give rise to renegotiation of this agreement. SIGNED this day of , 1989 CITY OF NORTH RICHLAND HILLS, TEXAS By: Tommy Brown, Mayor CITY OF HALTOM CITY, TEXAS By: Jack O. Lewis, Mayor _II linda Tidwell, City Secretary lie I INTER-LOCAL AGREEMENT - Page 2 "'- -" '" 0 -". ~,- _ - 1'-'- "-, -, 1""<,-"_ : -, I I I I I CITY OF NORTH RICHLAND HILLS Department: Police Counc.iI Meeting Date: 4-10-89 Agenda Number: GN 89-42 SUbject: D.A.R.E. Grant Funding for FY 89-90 Resolution 89-21 I I I I I I I ,I 'I ',I, !/I ~I vl- 11., '~_:~: - The attached Resolution would authorize the City of North Richland Hills to participate in the submission of a Grant Application to the Criminal Justice Division of the Governor's Office for Funding of a Multi-agency Drug Abuse Education Program with the Cities of Haltom City, Watauga and Richland Hills. This Grant Application, if approved would fund all officer related expenses except basic D.A.R.E. training for a backup officer. The Multi-agency program will permit the participating Cities to teach the program in all Birdvi1le I.S.D. elementary schools during the next year. Recommendation: It is reconnnended that the City Manager be authorized to execute the attached agreement for the Multi-agency Grant Application for first year funding of "Proj ect D.A.R.E." Finance Review ~ Source of Funds: Bonds (GO/Rev.) op~ra ing Budget Ot r '",'/?-J -/,/ ~- ( Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ¿ fí1/~- City Manager , Finance Director Pane 1 of I Ie I I I I I I I Ie I I I I I I Ie I I . . RESOLUTION NO. 89-21 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING OF A MULTI-AGENCY DRUG ABUSE EDUCATION PROGRAM CONSISTING OF NORTH RICHLAND HILLS, HALTOM CITY, WATAUGA, AND RICHLAND HILLS, TEXAS. WHEREAS, in order for the North Richland Hills Police Department to participate in acquiring funding for the multi-agency D.A.R.E. project it is necessary to present an application to the Criminal Justice Division of the Governor's Office; and WHEREAS, the 1989-1990 grant application for this drug abuse resistance program is in the total amount of $136,929.00 commencing September 1, 1989 with City funding commencing October 1, 1989; and WHEREAS, the Criminal Justice Division of the Governor's office will provide $133,989.00 for the first year; and WHEREAS, the Ci ty of North Richland Hills will be required to fund $735.00 for the first year. BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: The City Manager or his designee is hereby authorized to execute on behalf of the City of North Richland Hills necessary documents to the Criminal Justice Óivision of the Governor's Office" for funding for the first year the North Richland Hills Police Department to establish "Project D.A.R.E.", a program to provide elementary school students the necessary skills to recognize and resist the many pressures that influence the use of alcohol and drugs, said funding being proposed as follows: Criminal Justice Division $133,989.00 $ 735.00 City of North Richland Hills The other three member cities of this consortium will each provide $735 X 3 = $2,205.00 $ 2,205.00 $136,929.00 TOTAL I· . Ie I I I I I I I -- I I I I I I Ie I I ATTEST: PASSED AND APPROVED this _____ day of March 1989. Mayor City Secretary APPROVED AS TO FORM AND LEGALITY: ATTORNEY \ I ~'" CITY OF NORTH RICHLAND HILLS " . I Administration _Department: Subject: Appointment to the Water Advisory Committee C 'I M ' D 4/10/89 ounc.1 eetlng ate: GN 89-43 Agenda Number: I I I I I I I tl ~I ;I.'.·.·.·I '.,'"' ~~I f{1 ~ßI ~~I ~;I ¡il ,.·.·.···.·.·..;.·.1·.... ~¿ At the March 27, 1989 Pre-Council Meeting Councilman Byron Sibbet volunteered to be the City's elected representative to the subject committee. Recommendation: It is recommended that the City Council confirm the appointment of Byron Sibbet to the Water Advisory Committee. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Othen --=- ~ (A4/)<J4<t~ 1I4t¿ JØ-' iC 't!'d-~ Department Head Signature I City Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ,Finance Director Pace 1 of 1 .,..f.· / '~"c""i~""'''' '"'''f'\''/'!\-'''''''''''.: I ';'. CITY OF NORTH RICHLAND HILLS ".' . I Department: &Ubject: I Public WOrks/Utilities - 4/10/89 - Council Meeting Date: GN 89-44 Agenda Number: Approve Interlocal Agre~-Ilt Concerning Beacll SL:reeL ¡iale:r Main Project Detween the Ci ty of North Richland Hills and City of Haltom City - Resolution No. 89-25 The interlocal agreerœnt for the subject project outlines and clarifies our new responsibilities with installing and maintaining an 18" water main in Stanley-Keller ~d and a 16" water main in Cedarcrest Street. Based on the mutual approval of the subject agreement, the City of Haltan City grants the City of North Richland Hills the right to forever maintain and operate the water main wi thin their street right-of-way. Approval of this interlocal agreeIœnt will allow the staff to proceed with advertising for bids on the BEAm STREET WATER MAIN PRQJECT. The City of Hal tan Ci ty received bids on March 28, 1989 for the reconstruction of Stanley-Keller Road and plan to begin street construction wi thin the next 'bJo months. Recœmendation: The staff recœmends the City Council approve the interlocal agreeIœnt with the City of Hal tan City concerning the installation, operation, and maintenance of the water lines associated with the BEACH STREET WATER MAIN PROJECT and. authorize the Mayor to sign said agreement on the Ci ty' s behalf. f I 1......;....·.2·1 ;, I Source of Funds: Bonds (GO/Rev.) Operating Budget Othe Finance Review Acct. Number N/A Sufficient Funds Available ~ fC ~~\ City Manager . Finance Director ' nt Head Signature CITY COUNCIL ACTION ITEM 1 Page 1 of I I_ I I I I I I I I_ I I I I I I I I_ I ';'. STATE OF TEXAS X CX>UNTY OF TARRANT X INTERIœAL AGREEMENr WHEREAS, the City of lbrth Richland Hi¡ls, Texas has a need to construct and maintain a water transmission line fran the Ci ty of Fort Worth to the City of North Richland Hills which transmission line will :run under certain public streets in the City of Haltan City. NOW, THEREFORE, in consideration of the mutual covenants made herein the City of North Richland Hills, Texas and the City of Haltan Ci ty, Texas agree as follows: 1. The City of Hal tan City will allow the City of North Richland Hills to install water transmission lines as follows: a. An 18" line in Stanley-Keller Road along a pipeline easement purchased by North Richland Hills from Lone Star Gas Company fran Lot 56, Block 12, West Browning Heights Addition to a IX>int near Haltom Road where the City of North Richland Hills has an existing 18" line in Stanley-Keller Road between Haltan Road and Denton Highway. It is the intention of the parties that the actual physical location of the water line will be along a line mutually agreed upon by the Public Works Directors _" of each ci ty . b. A water transmission main approxinately 16" in diameter in the right-of-way of Cedarcrest Street from Denton Highway to the Diærond Oaks Country Club to match up with a North Richland Hills water main crossing fran west to east across the golf course. c. A water transmission main approximately 10" in diameter in the right-of-way of State Highway 377 fran Cedarcrest south to North Hills Addition along a line mutually agreed uIX>n by the Directors of Public Works of each city. d. Across and under any other streets or public rights-of-way necessary to connect the North Richland Hills water system to the Ci ty of Fort Worth at its Beach Street connection. I Ie I I I I I I I Ie I I I I I I I Ie I . . e. No street in Hal tan City. may be clo$ed for the water main construction unless prior' consent of their Director of Public Works is acquired. f · The Director of Public Works for Hal tan City may require the water wain installations across Diamond Oaks South Drive be installed by boring in order to maintain continuous traffic flow. g · All street rights-of-way disturbed by the water main installation will be restored to an equal or better condition than what existed prior to construction. 2. The City of Haltan City expects to pennanently improve that portion of Stanley-Keller Road under which the 18" line (la above) will be installed. As to this line, the City of North Richland Hills will install the water main with appropriate embedment, backfill and 12" of crushed stone flexible base material. The City of Hal tan City will accept responsibility for construction of the remainder of the street above the water line. The Ci ty of North Richland Hills will pay to the Ci ty of Hal tan City for pavement repair the smn of $5.50 per square yard times the length of the 18" water main times the width of the trench. Once the water line is constructed and the pennanent improvements are catlpleted by the City of Haltan City, the Ci ty of North Richland Hills will accomplish any subsequent patching or repair of the street occasioned by the water main breaking or leaking. All such repairs will be accatlplished in accordance wi th the then current Haltan City pavement repair criteria. All testing costs associated with these repairs will be paid for by the City of North Richland Hills. All costs incurred by Haltom City in making repairs to the street or any facility in the street due to a North Richland Hills water main break or leak will be reimbursed ·to the City of Haltan City by the Ci ty of North Richland Hills. 3 · In connection with the other water mains contemplated by this contract, the Ci ty of North Richland Hills will repair the streets which ·are disturbed by the installation of the mains in accordance wi th the then current Hal tan CityIpavement repair criteria and will be responsible for all rna':'ntenaI1ce of stree-c surfaces åirectly over its n:alr1S ::or a period of two years from date of installation. After such two year period, the Ci ty of North Richland Hills I Ie I I I I I I I Ie I I- I I I II I Ie I -;¡¡ Will repair the streets where damage is occasioned by breaking or leaking of thè North Richland ~ills water mains · The provisions as outlined in Section 2, paragraph 2 above are to be the same for all of the water mains covered by this agreement.. 4 . The City of North Richland Hills will be responsible for providing both ci ties with all necessary drawings and plats showing the final location of the water mains along the actual route agreed upon by the Public Works Directors of each city. This agreement is binding and in full force until such tÌlœ the City of North Richland Hills ceases to use said water lines for transmission of potable water. WITNESS OUR HANDS this day of , 1989. CITY OF NORm RICHIJ\ND HILLS, TEXAS BY: Mayor ATTEST: City Secretary CITY OF HAL'J:1G1 CITY, TEXAS BY: Mayor A'ITEST: City Secretary I ' I~ I I I I 1 1 I· Ie 1 I: I 1 1 I I Ie I :. : RESOLUl'ION NO. 89-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORI'H RICHLAND HILLs, TEXAS, that: " '!he Mayor be, and is hereby, authorized to execute the attached agreerœnt with the City of Haltan City, Texas as the act and deed of this Ci ty . PASSED AND APProVED this _ day of ,1989. l:PPR)~lE1J : Mayor ATI'EST: City Secretary APProVED AS 'ID FORM AND LEX;ALITY: Attorney for the City RESOLUl'ION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAL'IDM CITY, TEXAS, that: The Mayor be, and is hereby, authorized to execute the attached agreerœnt with the City of North Richland Hills, Texas as the act and deed of the Ci ty . PASSED AND APProVED tfis _ day of APProVED : ,1989. J.-- Mayor ATl'EST: City Secretary APPROVED AS 'ID FORM AND LEX;ALITY: Attorney for the City . .. I· I I I I I I I I CITY OF .;~ NORTH RICHLAND HILLS Department: Finance 4/10/89 Counc.iI Meeting Date: GN 89-45 Agenda Number: Subject: Southwestern Bell IS Texas First Program At the March 27, 1989 meeting the City Council considered the Texas First Program as proposed by Southwestern Bell Telephone. Action on this item was deferred pending receipt of answers to Council's questions. The attachments include the original packet from the last Council Meeting, Mr. Gary Terryls responses to the questions raised by the Council and a draft of the resolution to support the program if the City Council so desires. Recommendation: The City Council should determine if they wish to support the Texas First Program as presented by Southwestern Bell Telephone. If City Council chooses to support the program it can be done by approval of Resolution No. 89-24. I I I I ~···I ~¡I ~I ~il i..::...:..:.......:..·...'....·...........:....................I '»'-~.. R' Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other L? ~ 777 d-1l.e'<S'é ~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available N/A ~rth . - City Manager , Finance Director Paae 1 of 1 I I Ie I I I I I I Ie I I I I I I I Ie I . . RESOLUTION 89-24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORrH RICHLAND HILLS, TEXAS IN SUPPORr OF THE TEXAS FIRST PROGRAM PROPOSED BY SOUTHWESTERN BELL TELEPHONE COMPANY. WHEREAS, Southwestern Bell Telephone Company is interested in making considerable improvements to its telecarmunications equipnent and facilities in the State of Texas; and WHEREAS, Southwestern Bell Telephone Canpany is seeking regulatory relief fran the Texas legislature; and WHEREAS, the proposed improvements in equipnent and new facilities should provide the citizens of the City of North Richland Hills with an enhanced telecornmmications system which will meet the needs of the carmunity beyond the year 2000. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORrH RICHLAND HILLS, TEXAS THAT , this City Council hereby conveys its support to Southwestern Bell Telephone Canpany in its efforts associated with the Texas First Program _:and encourages the Texas legislature to favorably consider Sate fOntl of regulatory relief. AND IT IS SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORrH RICHLAND HILLS, TEXAS. AOOPTED BY THE CITY COUNCIL, MENrING IN REGULAR SESSION THIS APRIL 10, 1989. Tamny Brown - Mayor ATI'EST: Jeanette Rewis - City Secretary -I- ~ . II I I I I I I I , I I I I I~ I I I I INFORMAL REPORT TO'MAYOR AND CITY COUNCIL No. IR 89-19 Date: March 27, 1989 SUbject: Southwestern Be 11 "Texas Fi rst" . I· For several years this City has been involved in a consortium of cities in connection with the league of Municipalities Utility Regulation. The program (Texas First) presented by Southwestern Bell is not perceived by our Utility Regulation Attorneys as being in the best interest of the ratepayers in these cities. I am attaching hereto the most recent correspondence I have received from Don Butler's office. Mr. Butler's firm represents all of the TMl member cities who are involved in the rate case before the Public Utility Commission. Respectfully submitted, "" Rex McEntire Attorney RM/ph Attachment - ., ISSU ED BY TH E CITY MANAG ER NORTH RICHLAND HILLS, TEXAS ,'. ~ f 1 : :,' i. ' ¡t! I~ \. I I- I I I I I I Ie I I' I I I I I I- I .~. ... 'ë. POINTS REGARDING "TEXAS FIRST" 1. "Texas First" is an effort on the part of Southwestern Bell to avoid a ra te decrease. The Company was unsuccessful in its legal efforts to thwart the Public Utili ty Commission inquiry into the reasonableness of Southwestern Bell's rates. Apparently, the Company believes that a massive lobbying and PR effort will accomplish that which its legal arguments could not. 2. The PUC Staff estimates that Southwestern Bell is presently overcollecting at least $90 million per annum. Most other observers think--that a thorough scrutiny of Southwestern Bell's rates will indicate a much larger overcollection. 3. At best, Southwestern Bell's proposal must be considered simply its offer to settle a contested case. Like any other settlement offer, it should not be accepted without a complete evaluation to ensure that the result will be fair and reasonable. Thus far, no information has been provided which would permit a proper evaluation, making it premature to accept Southwestern Bell's settlement offer. 4. Southwestern Bell's rates were last set assuming that the Company would pay income taxes at the rate of 46% rather than at the currently authorized 34%. Additionally, capital costs have decreased significantly since the last case. While most other jurisdictions have responded to the tax rate decrease, Texas ratepayers have yet to benefit. 5. W~ile the ~C is tardy in its response to the income tax rate cHange, it should be supported now that it has initiated such inquiry. We are in no position to complain about high rates set by the PUC if we are a party to undermining or failing to support their efforts to reduce rates. 6. "Texas First" offers a rate reduction only to Southwestern Bell's customers on two-party lines and long distance com- panies such as AT&T, Mcr and Sprint. Therè is no requirement that such reduction to long distance companies will be passed ... en. to ultimate rat~?~yers. By ccnt~ast, the PUC is expected' to take favorable action on a l2~7% -decrease to business and residential local exchange telephone customers of General Telephone. Obviously, Southwestern Bell wishes to avoid the same result. 1. Certain aspects of the "Texas First" plan have merit. However, those aspects reflect what Southwestern Bell should be doing to meet its obligation to provide service as a - 1 - I.- , I. I I I I I I I Ie I I I I I I I I· I .... .. ..¡=.... public utili ty. Doing what is supposed to be done anyway should not be used by Southwestern Bell as a means of avoiding having its rates set according to proper principles of public utility raternaking. 8. As a part of the inquiry ini tiated by the Public Utili ty Commission, those beneficial aspects of "Texas First," can be urged but wi thout prejudice to setting proper rates. This would ensure a rate reduction if one is warranted and that local economies would see the intended benefit of the reduc- tion in the federal income tax rate from 46% to 34%. 9. The addi tional capi tal investments proposed by Sou thwestern Bell in its "Texas First" plan are not gifts to the public. Southwestern Bell has the obligation as a public utility enjoying a monopoly position to make prudent investments necessary to provide first class telephone service to this state. Further, its rates include a reasonable return on such investments. Most other businesses in today' s economy would be delighted to make such investments if they had the same assurance of a return as Southwestern Bell. 10. Southwestern Bell cites the reasonableness of its local exchange rates in Texas as an argument in support of "Texas First" and against any further reduction. Such rates do not include federal subscriber line charges, the hoped for state access charges which the Company is seeking to obtain through another proceeding at the PUC, touchtone or other services which most customers utilize. Further, if such local exchange rates are reasonable, it is not so much the doing of Southwestern Bell as it is the efforts of other parties at the Public Utility Commission because Southwestern Bell fought mightily against the local exchange rates now in effect. 11. "Texas First" contemplate"s near non-regulation of Southwestern Bell's rates in Texas. By law, regulation of a monopoly's prices is intended to act as a substitute for the competi tion which exists in free enterpr ise endeavors. The Company would be able to enjoy a 16%, after tax, return on its equity investment. Any earnings over such amount would be split with the customers. Thus, if the Company were to make 24% on its equity investment, 4% would be returned to customers leaving Southwestern Bell with a 20% return which dB fa r-:in..leKC.e:.S g: éD..Ë:æ r-:easona:bl82 ±ey.e:lô. 'f or:. Elf1y:::m bl i c:"u t i:: :: .,. 'or similarly situated business. ~ - - 12. Future rate setting for Southwestern Bell would be a win-win situation for the Company, but not its ratepayers. While, as pointed out above, the Company would split any excess earnings with customers, it would not share the losses equally. The Company I s proposal provides that if earnings fall below the stipulated range, it would have the right to - 2 - I· I I- I I I I I I Ie I I· I I I I I I- I ~.. . .. " file a rate case to recover the full amount of such deficiency from its customers. 13. Contrary to the Company's contentions, the regulatory process does not preclude it from recovering earnings on new invest- ments. Indeed, the regulatory process provides public utili ties wi th an assurance which businesses in the competitive arena do not enjoy. By law, the Company's rates include a reasonable return on any prudent investment which it makes. 14. In its PR material, Southwestern Bell cites its fear that California will make greater telecommunications advances than Texas. Yet, California regulation has ordered over $900 million in rate reductions for Pacific Bell since 1984. See attached Wall street Journal Article. 15. "Texas First" opens the door for piecemeal ratemaking. The Company would be allowed to seek rate increases for rates other than "basic local exchange rates" of up to 2i% of its gross revenues outside the context of a major rate case. Ordinary ratepayers cannot effectively participate in a multitude of fragmented rate proceedings. Does this ~rove a better opportuni ty to impose some form of local measured service on an "optional" basis? ....... ........ ..... ,.. - -- ~ ~ ~~... ~.:::.:.. .::.. ..-.J .--.. .......... 2.: --_._-- .;... ~ -::. ~ ~ v ~ . c... ~~. _ -= __ _ ...... ......... - .- -- '. - 3 - I: 1 I- I I I I I I Ie I I' I I " 41'1:,,~+-~ ., . '. ~04'U..,. u: l'ti? " ,the JJàilY News _~:' .~.~_.:: .. ...1 h 't,' , ; .~. ' . ~. ". E.tabll~h.d 1848 Donna Truesdell . EDITOR ' . ' Mike Flllner -: CIACULA TION MANAGER .. ..... .::~_.. ... " '. t, ......:..;... .' ~..'... ..... . . MI~h~al Hodge~··, ',:::, " : SALES MANAGER : Editorial . .. ," . . ~ Southwestern Bell, rio't· . sucl1 a smooth '()pê'rator . . Southwestern Bell ';relephone, . through' its new "Texas First" . plan, is hoping its ,customers·, make a bad connection. The phone company.is promote , ing the plan as a gesture of go~ will, a pa~t with the public to freeze phone rates for five years and invest revenues that exceed its state-mandated 12-percent cap on profits into developing a state- of-the-art phone system. Like' most tllings that sound too good to be true, it is. Although ludicrously hyped as an econom- . ic development tool that will draw new busin~sses to Texas b.e- cause of the high-quality of' phone service, the program real- ly ,was designed to keep South- western Bell from having to repay millions of dollars in cus- tomer overcharges. . ¡ "Texas First", is, phone-corn- panyese for "Fairness Last. It It's nothing more_than an attempt by Southwestern Bell to hoodwink the public. . The 1986 Tax Reform Act low- " ered corporate taxes from 46 per- , cent to 34 percent, and under - state guidelines that regulate util.ity company profit margins, ~Southwestern Bell's rates should ,.have fallen· accordingly. The , state Public Utilities Commission has not reviewed the rates since'. . th.e law took effect, and thç phone . company didn't bother to come forward. " . I e The PUC estimates the South- western Bell IS bringing in $90 . million in excess reven ues ann u· ,ally. Lone Star Gas Co., which also took advantage of the windfall :created by the 1986 tax refor'ms, is believed to .have made $25 mil· . lion more .annually than it should. . Rather than repay the custom- ers it's been overcharging. South- , western ~ell proposed "Texas 'First," a sham to disguise the company's bilking as benevolence. ' Fortunately for local resi- dents. the Arlington City Council has agreed to join in the PUC com- plaint against Southwestern Bell. The .phone company has until May 23 to justify its rates to the commission. If it cannot, local phone rates could be cut. The council also has joined with 13 other cities in a complaint to the Texas Railroad 'Commission " against Lone Star Gas. Southwestern Bell's failure to adjust its rates is disturbing. but predictable: However, the phone company's attempt to shroud its ß.listake in a spiffy. public rela· tions campaign to make it appear conscientious is deplorable. . . . The technique,-w,8s under.· handed, designed to catch ,the " public unaware. B,ut a snappy ji~- gle can't cloak, the under.lying . . corporate. attitude ~ "Money First, Texans Last. .. I: . I I- I I I I I I Ie I I· I I I I I I- I ".. "'. .. e. HOUSTON POST Friday, February 10, 1989 ~Wake Up, regulators 'TEXAS REGULATORY AGENCIES have been nonchalantly letting our state's utilities reap an unearned tax windfall at ratepayers' expense for a year and a haJf. Shame on them. . In brief, federal tax changes effective since mid-1987 aJJow the utilities to conect from customers far more than the utilities actually pay in inc'Qme tax. The amoùnt to date has not been tabulated, but it runs to hundreds of millions of dollars, and authorities on the topic say it can't be gotten back. It should, however, be stopped. ' The current halfhearted protestations and round-robin finger-- pointing at the 'Public Utility Commissidn and the Railroad Commis- sion do not wa·sh. One PUC member said he learned of the situation from a Houston Post column only last December. That isn't so. It was brought up at a hastily adjourned PUC meeting in October; The Post published a story in July 1987, point- · ing ~':1t. the inequity; and the Office of Public Utility Counsel tried withoutavail to get the PUC to rectify·the situation 13 months ago. (Adding insult to injury, PUC members actually accused the OPUC of foot-dragging.) What blather - and things are no better at the Railroad Commission, where the response is, in effect, we've always done it this .way. . 'The PUC, at leåst, haS agreed to address the issue next month.. But that's a very belated start, undertaken only at the behest of a Senate committee. And the Railroad Commission is still dallying. Forty-four òther states have made theirutiJities ..end -this.. ripoff. .. Texas' reguJatcrs, though, seem to have forgotten their duty to get the ratepayerS' a fair shake. It's high tjme they remembered. The state is watching - and still waiting. · ~ I' ) I I- I I I I I I Ie I I· I I I I I I- I '. eo ',.. .. Houston Chronicle Tuesday,Jan.24,1989 . Ruling sets stage. for test : . - r .. .. , of Southwestern Bell's rates Br ROBERT CULLICK last until 1990. A major Issue will be Houston Chronicle Austin Bureau whether Missouri-based Bell is earn- ~.:. -. log too much profit at the expense of ...- - · Texas customers or whether, as Bell !-CAUSTIN - Southwestern Bell's contends, it has not violated its state- C9~tention that the Public Utility set cap on profit by benefiting from a Còmmission staff bad no right to reduction in the federal income order an investigation of Bel1'5 rates taxes it must pay. ~~..1'donday at the hand of a PUC PUC Administrative Law Judge å~trative law judge. . Mark Smith rebuffed Bell's chal- :,.nè:åction, if upheld under appeal Jenge to the authori~y. ~f the PUC to. :the . full, three-member· utility general counsel to mltJate a rate ~1ssion, sets the stage for a test case. . òf Bell's rates that will begin in Smith said he assumed the general ~est May 23 and is expected to counsel had the full authority of the - I proceedings but said she received no second from the other two commis- sioners to prompt staff action. AD appeal would force the three to vote. Bell apparently had hoped to bead off a staff-initiated rate case by presenting an alternative plan to the gel1era 1 ~ouns.e!. ~H'~ T¿:r~s F¡r:t proposal would cut some rates, freeze others and invest millions to . upgrade its Texas facilities to an all- digital network. The plan would give Bell a flexible profit cap and allow the company to keep 50 percent of profits over 13 percent return on i~ Invested capital. It now can earn a 12 percent return. U Bell gets its way, basic residen- tial service rates will be frozen for five years. The PUC investigators believe. their findings could lead to lower rates for services. . -Be11' 3ttO~~y J~~, ~~e La";'!7r~rc-~ asked Smith to U.111t the scope of the rate case at the outset. Usually a , utility cømpany tries to make a case for a rate increase; in this case, it is trying to defend its rates against unknown arguments. "What iÌI the world"1s this case? commission and If Bell thought dif- ferently, the company should appeal bis decision to the commission. Bill Free, Bell vice president of regulatory affairs, later. said Bell would study Smith's order carefully before deciding whether tó appeaL He said if there was rio further "clarification" in the order, it was likely that· Bell would appeaL At least one commissioner hås spoken in favor of a staff rate case against Bell. Commissioner Jo Campbell asked several times last year why the staff bad Dot initiated How do we get our arms around this' case?" Lawrence asked. "I want to be sure 1 know how many elephants rm trying to wash with this proceed- ing, and it looks like the answer is all· of them." . .. Don E1Jt1er, 3n attorn~:' ~!io r~~r~' sents small cities in tile Bell service area, said that if thè case threatens to bke too long to complete, he'll ask the commission to lower phone rates on a temporary basis. Usually it is the utility companies who ask for temJ>C?r~~ rates. . .lashlng SW Bell's rates· I Utility counters with plan to freeze prices I By Anne Marie Kilday . · Aud...,...,., Tb. DtIIu WotIIIq HI!" ~:saJiCl westerÍl Bell vice presiden t ~ AUSTIN _ In the wale. of aD un. 8m Free said the proposed eco-. d d I b nomic development plan was a ~ I prece ente move to 8 as "win-win" situation for the com- Southwestern Bell Telephone Co.', pany and the economy of Texas. He revenuel by It lea.t S~ mUllon In· said the proposal was not a result of Dually, the phone company Wednes- the allegations that Bell has over- I'. day proposed I fiv.)'ear Ireeze on charged its customers. . local telephone bills. . Only hours after the starr of the To promote economic develop. ltat, Public Utility Commission' ment in Texas, Free said, Southwestern Bell would: I : lought to cut Bell'. fates, officiall of . Invest 5327.5 million in techno- the telephone company announced I . plan to stimulate development of logical improvements in its net· th T bIt work during the next five years. .~ . ~__. _..!xa~. economy 1. reez_ ~I . Forgo an anticipated 5320 mil- I 'fates on basic locllaerv1ce and in· lion in revenues during the next i vesting millions of dollar1 to 1m· fIve years by lowering some ¡ prove .its network.'. . charges including access ch.arges to I · A December Inalyats of' . long-distance carriers. Southwestern Bell's earnings by the . Expand optional local. calling PUC Itaff indicated that the tel. areas in the state's major metropoU- ing," Free said. liThe commission phone company 11 overchargtnl tan ateas. receives financial data from us that ~ ëUltomera by at least S90 mtlUon In- . Phase out four-party service in indicates that we are not over-eam- ~uallY, said PUC executive director rural areas of Texas. lng. And in fact, since this commis- Coyle Kelly. . . Be guar,nteed a rate of return sion was first established... we on its investment in Texas ranging have never over-earned.U "Based on our preliminary anal· ysis, a $90 million ti¡ure is pretty from 11 percent to 13 percent. The Free said officials of the tele- company currently is allowed a 12 phone company have been discuss- conservative. It could be much . percent rate of return under rates . ing the proposed economic develop- Plel.. .ee DEEP CUT OD PII' 4A. set by the PUC. ment plan with the PUC staff for I" Free said that Southwestern Bell, several months. - by úpgrading its network, would The filing of the staff petition help the state become more attrac- drew immediate support from Pub- . tive to new businesses that are con- lic Utility Counsel C. Kingsberry sidering relocating in Texas and to Ottmers, the state-paid lawyer who businesses that need state-Of-the-art represents residential ratepayers in telecommunications. proceedings at the PUC. "If the economy in this state gets "I am a little curious that simul- better, and we think this program taneous with the filing of the PUC will help do it, we end up with more inquiry, Southwestern Bell chose to customers, more revenues; we're propose a price freeze," Ms. Ottmers , better off," Free said. said. "I haven't had a chance to re- D:i., ë..Thè; :PIlC ;-~aff ~~ont~nded in it.s..iJ.. LIt; dvie1MJthe~comþany's proposal. How- petition thð! Soutll'weS1er:1 ~ell is- .-.--, ever, I ~m ~ lilt¡~ suspicious of r::Sir earning lIa revenue surplus to the proposaL ... I don't think it bodes detriment of its ratepayers" be- well for Texas. It ., cause of changes in federal and Ms. Ottmers said that Southwest· state laws and major changes in the ern Bell's overcharges IImay be telecommunications industry. .much higher" than the $90 million Under the 1986 federal Tax Re- estimated by the PUC staff. form Act, Southwestern Bell and Geoffrey Gay, an Austin attorney other telephone and electric utili- who previously served as public ~ ties saw their federal tax rate drop utility counsel, also welcomed the from 46 percent to, 34 percent_ Con- PUC investig~tion of Southwestern sumer attorneys have contended Bell's rates. Before leaving the COD- '~that consumers have been" over- sumer co~nsel's job last year, Gay. charged several hundred million bad asked the PUC to lower rates dollars because the utilities' federal for consumers because of the fed- tax ~ut has not been accompanied eral tax windfall for electric and by corresponding rate reductions. telephone utilities. . . I I ~~~1{i1~ed from Page lA. morè, .. Kelly said. : In a petition filed Wednesday at :the PUC, the general counsel of the :regulatory commission contended .1Iiat· .:southwestern Bell's current :r~te$ ~r~~:H+1jus~tuµreasonable, u~-, ~reâsò'nâD1y-þr2fèrë±itf~1, pfèJüdt¿£il~ ~and d1scriminatory.u ~ .....SO.1Ìthwestern Bell officials bast- ~11y announced their turexas First" : ptoþOsal , which would include a : fi ve-y~ar price freeze on basic local I" ;serv1çe~ which averages $9.71 per =.month,tn Texas. . ; Basic local service rates do not f'~fnclude taxes, long distance or 1 directory assistance charges, fed- -erat -subscriber line charges, fea- tiîrës such as touch-tone dialing or ~n1!'acal1ing services such as call- ~~-:t ¡ ~~ . I I r 1 :--: I I . " /.. . II)t~l~ ~orntnø)Tt\u.' ,I Thursday, January 5, 1989 The PUC petition .asks that Southwestern Bell be required to file a complete rate package so that f the PUC caD review all of the tele- phone company's rates, charges and ) . ' semces. The unprecedented action marks the first time that a major utility éompany has been called before the regulatory commission to justify its rates.. The PUC is empowered by state law to conduct such investiga- tions, but the regulatory agency has never reviewed a major utility's rates unless a company has· re. quested an increase in revenues. Southwestern Bell officials said they were "surprised It by the filing of the petition. "First of all, we aren't over-earn- . Ir I· ',~ . I I- I I I I I I Ie I I I I I I I f' I ~ GI)t~u~ JI'omillg Jf. . , Thursday, January 19, 1989 Rate 'cut r proposed for GTE GTE recently announced that it Is moving its corporate headquarters from Stamford, Conn., to Irving. . Representatives of the telephone company, as well as consumer advocates who fought the proposed rate increase,. were unhappy with the proposal . "We are terribly disappointed in this rec. ommendation," said David Russell, a spOkes- man for GTE. "This is only a recommendation . and we are confident it will be thoroughly re- viewed by the full commlssion." . Consumer advocates, meanwhile, said that GTE's rates should be slashed by at least twice the amount recommended by the judge. Smaistrla did n9t recommend that GTE be required to make refunds to its customers for overcollections of state and federal taxes. That has been one of the most hotly contested is- Please see PUC on Page 29A. . Residential service ·~would drop 12.7% By Anne Marie Kilday . AuItfn .reø of The Dallas Morning Heft . AUSTIN - Telephone rates for GTE South- west Inc. should be cut by $49.2 million rather . . ·than increased by 581.4 million as 'the com· Continued from Pace 27A. pany has requested, a utiUty judge recom. sues in the case. mended Wednesday. Opposing the company's request If approved by the three-member pue, the for an increase are the Office of proposal would be the largest rate decrease for Public Utility Counsel, which repre- ' 8 telephone company in the 14-year history of sents residentlaland small.business the state regulatory commission. customers before the pue, and at. . Administrative law judge Charles Smaistrla torneys for 90 cities. The opponents proposed ~at GTE's rates for local residential ,contend that the telephone com. service be cut between $1.0S and $1.20 per pany bas overcharged customers 8S . month. Rates for GTE's business customers 8 result of changes m state and fed. would be cut about $3 per month. eral tax laws. GTE, which originally filed the case in 1984, _" Assistant ~ Public Counsel Bar. updated its financial data last summer and bara Spezia said SmaJstrla's recom. . sought an $81.4 million rate increase. The com· mendation does not compensate pany proposed raising rates by an average of consumers for the tax overcharges. 32 percent. . - . "We really feel that he did not go Smais~rla's t:"e~Q~mendation would :c-ut f' '.. ... v."".. ...v...... - -. .. ~ar enough," Ms. Spezia said. rates for local phone service by 12.7 perceIit: , -.. . \"'H"',,:,C""'"'~-'. The ,Office'-of P\1b1ic·-Ufifftý·,·~\~..- -.., The PUC traditionally has closely followed '. Counsel had recommended that the recommendations of its administrative ' GTE's rates be slashed by about 5125 . . law judges, who preside over utility rate hear· ' , millioD. .. ings. Th~ commission will meet Feb. 14 to con· : ,Don Butler, an Austin attorney sider the proposal. . who represents the 90 cities that op- . GTE serves 1.2 million residential and busi· posed the rate increase, said GTE ness customers in many suburban and rural ~~eserves a-.!.Ð65 .milllon . rate de-' communities in Texas. The cities served by the. · crease. . -~ c. --. ~ company include Carrollton, Denton, Garland, i. "Not only is the rate reduction· . Grapevine, Irving, Keller, Lewisville and .. Inadequate, but the company has PIano. The company also provides telephone been allowed to profit by its stall," service at DallaslFort Worth International Air. autler said. · port. . - -- . -.... . .. ,.:/ . \' I I- I I I I I I Ie I I· I I I· I I I- I .," " ,.., THE WALL STREET JOURNAL FRIDAY, JANUARY 6,1989 . . .. . . - . . Wrong Numbers, Saki The Phone Company "WHEN THE Consumer Federation of America .. recently accused local ~ telephone companies of short- changing their customers. Pacific Bell didn't "turn the other cheek. Pacific Bell, a subsidiary of the Pacific Telesis Group, was Irate over the federation's com- plaint that local phone service Is no longer uone of the best con- sumer bargains of. modem times. It So the phone company · fired off a press release to chal- lenge the federation's assertions. "Pac1flc Bell's rates for years have been among the lowest in the country, and they still are," Gary McBee. executive vice pres- Ident of Pacific Bell, said In the release. "Since 1984, our rates have been cut by more than $900 · million." However, a lengthy·· text sup- plementing Mr. McBee's rebuttal contains this statement: "Since 1984, the California Public Utili- ties Commission bas ordered Pa- cific Ben to reduce revenues by about $919 million." Which raises this question: Would Pacific Bell's rates still be among the na- tion's lowest if California reg"1JJa- - - tors hadn't imposed,the big cuts? · Replies a Pacific Ben spokesman: "¡'m not sure, but I think so. II A federation spokesman calls Pacific Bell's rebuttal "mostly . . rubbish." He adds: "Consumers may have the least gripe against Pacific Bell, but that's not be- cause of the company, It's be- cause of the public utilities com- mISsion 'In - California. It · .. , '. -"'''.., ..- . . . !J I I I I I I I I I Ie I I I .' . CITY OF NORTH RICHLAND HILLS Department: Economic Development SUbject: M 4/10/89 - Council Meeting Date: Bids for Maintenance Compound for Iron Horse liolt Course Agenda Number: PU 89-11 The plans and specifications for the maintenance compound for the Iron Horse Golf Course will be available for review Monday night, April 10th. Attached is a conceptual rendering of the building. The Staff has reviewed the plans and specifications and asks that they be released for bids on April 12, 1989. The budget for the Maintenance Compound has already been established at $100,000. RECOMMENDATION: The City Council approve the advertisement for bids on the Iron Horse Golf Course Maintenance Compound. Finance Review Source of Funds: Bonds (GO/Rev.) _ _ operating. Bu ¡. g.', "t. ..' _. .... ., Other/)t c." / ~ ~ L if/,·" >{~'\.I ÞVf¡f · £ie¡partment Head Signature ' f1..:. -ity Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Dllector Page 1 of 1 I Ie I I I I I I I I. I I I I I I I Ie I 'C/) o c: -I :J: m' r- m < » -I - o Z ! \ .~~ -- ~~\\\ ,::D ; ;! -1 :, ~ II _1- '1l1--~ ':\ ~ m i \, < ~T.~_ ---.- \\ ~ .~~.~. u~~=-~i\,\ 0' '~ _u _~-~~~Ip I 'Z ;~- r=-·:- -------- ì) \ttmi ~ : .:. -.--.----. ---/.1· , _. ! 0 ---=~: ~j I ~ . ~È ¡. il I t , i I-I' --~';: . ----- -.--. ---- --- ---.-.----. ,.. ~-- ~- 17- . : '- "m; »1 C/)1 -I' I m ß i r- ., , 'm " ~ < '~- !I I .» ~ - II J : -I' ~~=~ Dj' . -; t---.--- --- I o ~=-~~~ -~-~-~ . Z ~-- fi~ ~~~~ I ~_ _ __ ~---~--- ~ - -------- i -~I I I _ II i I II +-- Fr=-- ! I , ¡ ~ 'j I ; ~ r i ~ :0 I r \J\ I ~ 3: j I !~ it i ~- 1'- ~ m C/) -I -m . ..r-: m' < »: -11 0' z- FACIUTY MAINTENANCE BUILDING ~ f !{ ,. ~~ ¡ f~ , &~ ~I \}~ rt\ Z_ ~4_ ~~ I m . ! ~ :¡- ~ r II ï : I --.. ._~--_.._--- ~f ~m ?-t ')1 ~î t::::J j~ .~ f¡a l.~ ïâ c:.1. ~j ~c ~~ IRON HORSE GOLF COURSE NORTH RlCHLAND HILLS TeXAS BYRON FOLSE ASSOCIATES. INC. ARCHITECTS AND PLANNERS 88715 WI!BTPAAK CCUAT I!ULEBS, TEXAS