HomeMy WebLinkAboutCC 1989-09-11 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
SEPTEMBER 11, 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 89-107 Public Hearing on 1989-90
Budget (Discussion of
Procedures) (Agenda Item No.
16) (5 Minutes)
and
IR 89-73 Information Regarding Over 65
Exemption
2. GN 89-109 Amendment to Ordinance 381
Allowing City Participation to
Reconstruct Existing Sewer
Services - Ordinance No. 1627
(Agenda Item No. 18) (5 Minutes)
3. IR 89-71 Meeting with Superintendent of
Schools Regarding Relocation of
Lewis Drive (5 Minutes)
4. IR 89-70 Public Facility on Glenview
Drive (5 Minutes)
5. PS 89-4 Request of Williamsburg &
Associates for Replat of Lots
1Rl, 3Rl & 3R2, Block 7,
Industrial Park Addition
(Agenda Item No. 13) (5 Minutes)
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Page 2
NUMBER ITEM
ACTION TAKEN
6. GN 89-105 Project Partners Grant (Library
- Resolution No. 89-36 (Agenda
Item No. 14) (5 Minutes)
7. PU 89-18 Purchase of Nursery Stock for
Iron Horse Golf Course (Agenda
Item No. 19) (5 Minutes)
8. PW 89-32 Award of Bid on Miscellaneous
Slurry Seal Overlay
Improvements for 1989
(Postponed at the August 28,
1989 Meeting) (Agenda Item No.
20)
and
PW 89-34 Approval of Change Order No. 1
- Miscellaneous Slurry Seal
Overlay Street Improvements,
1989 (Agenda Item No. 21) (5
Minutes)
9. GN 89-108 Resolution Adopting Guidelines
and Criteria for Granting Tax
Abatement in Reinvestment Zones
Created in the City of North
Richland Hills - Resolution No.
89-37 (Agenda Item No. 17) (20
Minutes)
10. Items on Consent Agenda not on
Pre-Council - (Item Nos. 15 &
22) (5 Minutes)
11. Possible Work Session
(5 Minutes)
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Page 3
NUMBER ITEM
ACTION TAKEN
12. Other Items (5 Minutes)
13. *Executive Session (5 Minutes)
a. Personnel
b. Briefing on Pending
Litigation
c. Review of Progress on Land
Acquisition
14. Adjournment - 7:20 p.m.
*Closed due to subject matter as provided by the
Open Meetings Law. If any action is
contemplated, it will be taken in open
session.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 11, 1989
For the Meeting conducted at the North Richland Hills City Hall Council Chambers,
7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda
for discussion and/or action.
NUMBER
ITEM
ACTION TAKEN
1. Call to Order
2. Roll Call
3. Invocation
4. Minutes of the Regular Meeting August 28,
1989
5. Presentations by Boards & Commissions
a. Library Board Minutes
6. Removal of Item(s) from the Consent Agenda
7. Consent Agenda Item(s) indicated by Asterisk
(13, 14, 15, 18, 19, 20, 21 & 22)
8. Special Presentation by Mayor Brown
9. PZ 89-14 PLANNING & ZONING - PUBLIC
HEARING - Request of Marvin D.
Smith to rezone Tract 2B, John
Condra Survey, Abstract 310, from
AG Agriculture to R-l Stngle
Family (Located on the north side
of Douglas Lane where it makes
the turn to go west)
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Page 2
NUMBER ITEM
ACTION TAKEN
10. Ordinance No. 1625
11. PZ 89-15 PLANNING & ZONING - PUBLIC
HEARING - Request of L.C.
Urbanovsky to rezone a Portion of
Lot 2, Calloway Acres Addition
from C-1 Commercial to C-2
Commercial (Located at 3805
Parchman Street)
12. Ordinance No. 1626
*13. PS 89-4
Request of Williamsburg &
Associates for Replat of Lots
1Rl, 3R1 & 3R2, Block 7,
Industrial Park Addition (Located
on the west side of Rufe Snow
Drive near the intersection with
Industrial Park Bouelvard)
*14. GN 89-105 Project Partners Grant (Library)
- Resolution No. 89-36
*15. GN 89-106 Contract for Laboratory Services
with the Trinity River Authority
16. GN 89-107 Public Hearing on 1989-90 Budget
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Page 3
NUMBER
ITEM
ACTION TAKEN
17. GN 89-108 Resolution Adopting Guidelines
and Criteria for Granting Tax
Abatement in Reinvestment Zones
Created in the City of North
Richland Hills - Resolution No.
89-37
*18. GN 89-109 Amendment to Ordinance 381
Allowing City Participation to
Reconstruct Existing Sewer
Services - Ordinance No. 1627
*19. PU 89-18 Purchase of Nursery Stock for
Iron Horse Golf Course
*20. PW 89-32 Award of Bid on Miscellaneous
Slurry Seal Overlay Improvements
for 1989 (Postponed at the
August 28, 1989 Meeting)
*21. PW 89-34 Approval of Change Order No. 1 -
Miscellaneous Slurry Seal Overlay
Street Improvements, 1989
*22. PW 89-35 Miscellaneous Drainage
Projects/Shauna Drive and Boca
Raton
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Page 4
NUMBER ITEM
ACTION TAKEN
23. Citizens Presentation
1) Kay Hancock
5120 Nancy Lane
Re: Orangeberg Pipe
2) Bob Gurney
Richland Congregation of Jehovah1s
Witnesses
Re: Soliciting Ordinance
24. Adjournment
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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 - AUGUST 28, 1989 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Brown called the meeting to order August 28, 1989, at 7:30 p.m.
Present:
Tommy Brown
Richard Davis
Lyle E. Welch
Mack Garvin
Frank Metts, Jr.
Charles Scoma
Byron Sibbet
Linda Spurlock
2.
ROLL CALL
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilman
Councilman
Councilwoman
Staff:
Rodger N. Line City Manager
Dennis Horvath Deputy City Manager
C.A. Sanford Assistant City Manager
Patricia Hutson Assistant City Secretary
Rex McEntire Attorney
Kevin Miller City Engineer
Absent:
Jeanette Rewis City Secretary
3.
INVOCATION
Councilman Garvin gave the invocation.
4.
MINUTES OF THE REGULAR MEETING AUGUST 14, 1989
APPROVED
Councilman Metts stated that the vote on Page 4, Item No. 11 should be
IIMotion carried 4-3; Councilmen Scoma, Garvin, Sibbet and Metts voting for
and Mayor Pro Tem Davis, Councilwoman Spurlock and Councilman Welch voting
against".
Councilman Metts moved, seconded by Councilman Scoma, to approve the
minutes of the August 14, 1989 Meeting as corrected.
Motion carried 7-0.
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August 28, 1989
Page 2
5.
PRESENTATIONS BY BOARDS & COMMISSIONS
A. BEAUTIFICATION COMMISSION MINUTES
None
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Garvin removed Item No. 22 from the Consent Agenda.
7.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(13, 14, 15, 18, 19, 20, & 23)
APPROVED
Councilman Garvin moved, seconded by Councilman Metts, to approve the
Consent Agenda.
Motion carried 7-0.
8.
PRESENTATION OF PROCLAMATION TO RICHLAND YOUTH ASSOCIATION
Mayor Brown presented a proclamation to Richland Youth Association in
appreciation of their volunteer work.
Ms. Sharon Battles, Park and Recreation Board Member, on behalf of the
Park and Recreation Board, presented a plaque to Richland Youth
Association.
Councilman Garvin stated one of the attributes to the success of the
City's system was the volunteer service of RYA and other youth
organizations that worked within the system. Councilman Garvin expressed
his appreciation for their service to the City.
9.
SPECIAL PRESENTATION OF "YARD OF THE MONTH AWARDS"
Ms. Kathy Robinson, Chairman, Beautification Committee, presented the
following "Yard of the Month Awards" for the month of August: Mr. and
Mrs. Bill Boyd, 5800 Shamrock; Mr. and Mrs. Kenneth Meek, 8441 Main; Mr.
and Mrs. William Rhue, 5732 Bermuda; Mr. and Mrs. Jim Curtis, 4648
Ridgeside; and Mr. and Mrs. Derek Sidwell, 7516 Woodhaven.
10.
PZ 89-12 RECONSIDERATION OF ORDINANCE NO. 1619
(REQUEST OF MARY EDITH EDDLEMAN TO REZONE A
PORTION OF LOT 7, BLOCK 4, NORTH RICHLAND
HILLS ADDITION, FROM C-2 COMMERCIAL TO C-2-SU
COMMERCIAL SPECIFIC USE-SALE OF USED AUTOS -
LOCATED AT 7141 GRAPEVINE HIGHWAY)
APPROVED
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August 28, 1989
Page 3
Councilman Metts moved, seconded by Councilman Garvin, to reconsider
Ordinance No. 1619.
Councilman Metts stated he was bringing the ordinance back up for
reconsideration based on input from the Attorney for the City that there
was an error on the City's part and the applicant's intent was to zone
only the back half for specific-use. Mr. Metts stated they had also
agreed to the landscaping requirements.
Motion carried 5-2; Councilwoman Spurlock, Councilmen Garvin, Metts,
Sibbet and Scoma voting for and Mayor Pro rem Davis and Councilman Welch
voting against.
Councilman Garvin moved, seconded by Councilman Metts, to approve
Ordinance No. 1619 with the proper description.
Mayor Pro Tem Davis stated he felt this would be spot zoning. Mayor Pro
Tem Davis stated he did not feel it was an error and that it should be
sent back to the Planning and Zoning Commission for further consideration.
Councilman Garvin stated he had a difference of opinion. Councilman
Garvin stated it was clear to him that the zoning was for the back half of
the lot and he felt that most of Council understood it that way.
Councilwoman Spurlock stated she agreed that the request should be sent
back to the Planning and Zoning Commission because the people who spoke at
the last Council Meeting did not plan on meeting the specifications of the
landscaping requirements. Councilwoman Spurlock stated she would like for
the landscaping to be shown on the plans before it was submitted to
Council.
Councilman Welch stated he would also like to see it sent back to the
Planning and Zoning Commission for their approval.
Councilman Scoma stated as he recalled Council previously determined that
the ten percent landscaping requirement did apply to the property and was
enforceable. Councilman Scoma stated he was not in favor of sending it
back to the Planning and Zoning Commission on a technicality.
Mr. Kirby Eddleman, applicant, appeared before the Council.
Mr. Eddleman stated this property was zoned in 1972. Mr. Eddleman stated
he did not know why he had to have the property rezoned. Mr. Eddleman
stated the greenery currently on the property met the landscaping
requirements. Mr. Eddleman stated he thought he would plat the property
while zoning it. Mr. Eddleman stated he had received a list of thirteen
items that must be met prior to the plat being approved. Mr. Eddleman
stated he felt the City was requiring too much.
Mayor Pro Tem Davis explained to Mr. Eddleman why he had to rezone the
property. Mayor Pro Tern Davis stated that the thirteen items that Mr.
Eddleman's engineer did not do was required by City Ordinance and that his
engineer should have a copy of the City's ordinance in his files.
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August 28, 1989
Page 4
Councilman Garvin stated he did not appreciate Mr. Eddleman berating the
Council on another issue when Council was reconsidering the rezoning for
his benefit. Councilman Garvin stated the platting requirements were
required in the City·s ordinance.
Councilman Scoma asked Mr. Eddleman what his understand~ng was of his
landscaping requirements.
Mr. Eddleman stated ten percent.
Councilman Scoma asked Mr. Eddleman what he meant by the statement that he
already met the ten percent landscaping requirements.
Mr. Eddleman stated that he had a greenbelt that consisted of grass and
flowers.
Motion carried 4-3; Councilmen Metts, Garvin, Sibbet and Scoma voting for
and Mayor Pro Tem Davis, Councilman Welch and Councilwoman Spurlock voting
against.
11.
PZ 89-13 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF B.H. & L. JOINT VENTURE TO REZONE
TRACTS 7A6 & 7A, S. RICHARDSON SURVEY, ABSTRACT 1266,
FROM OC OUTDOOR COMMERCIAL AND AG AGRICULTURE TO
R-1 SINGLE FAMILY (LOCATED EAST OF DAVIS BOULEVARD
AND NORTH OF TIMBER DRIVE)
Mayor Brown opened the Public Hearing and called for anyone wishing to
speak in favor to please come forward.
Mr. Doug Long, representing the applicant, appeared before the Council.
Mr. Long stated that this tract of land consisted of 38.8 acres and was
adjacent to a 52 acre tract of land that Mr. Barfield also owned. Mr.
Long stated the two tracts would be joined together to make a 91 acre
subdivision called Thorn Bridge. Mr. Long requested that Council approve
the R-l Zoning. Mr. Long stated that the adjoining R-3 Zoning would be
deed restricted.
Mayor Brown called for anyone wishing to speak in opposition to please
come forward.
There being no one else wishing to speak Mayor Brown closed the Public
Hearing.
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ORDINANCE NO. 1621
APPROVED
Councilman Garvin moved, seconded by Mayor Pro Tern Davis, to approve
Ordinance No. 1621.
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August 28, 1989
Page 5
Councilman Scoma asked if they would have any objections to side and rear
parking.
Mr. Long stated he would object, that he did not know what his client's
feelings would be. Mr. Long stated they had asked for the highest and
best use the City had.
Motion carried 7-0.
*13.
PS 89-11 REQUEST OF GARY W. DENNY TO REPLAT
LOT 8R, BLOCK 23, KINGSWOOD ESTATES
(LOCATED AT THE END OF ACTS COURT NORTH OF STARNES ROAD)
APPROVED
*14.
PS 89-12 REQUEST OF ARAPAHO EAST, INC. FOR REPLAT
OF LOTS 1R, 3 & 4, BLOCK 35, HOLIDAY NORTH ADDITION
(LOCATED ON THE EAST SIDE OF HOLIDAY LANE NORTH OF IH 820)
APPROVED
*15.
GN 89-92 CHILD CARE ORDINANCE -
ORDINANCE NO. 1617
APPROVED
16.
GN 89-99 ESTABLISHING COURT OF RECORD -
ORDINANCE NO. 1622
APPROVED
Mayor Pro Tem Davis moved, seconded by Councilman Garvin, to approve
Ordinance No. 1622 with the following correction: Section 6 - liThe
Municipal Court of this City shall become a Court of Record from and after
the first day of January, 1990".
Motion carried 6-1; Mayor Pro Tem Davis, Councilwoman Spurlock, Councilmen
Metts, Garvin, Sibbet and Scoma voting for, and Councilman Welch voting
against.
17.
GN 89-100 CALLING ELECTION TO DETERMINE METHOD OF
SELECTION FOR JUDGE OF MUNICIPAL COURT OF RECORD -
ORDINANCE NO. 1623
APPROVED
Councilwoman Spurlock moved, seconded.by Mayor Pro Tern Davis, to approve
Ordinance No. 1623 with the following change in the wording of the
ballot: IIMethod 2: Election by the voters of the City of North Richland
Hills at the General City Election".
Motion carried 7-0.
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August 28, 1989
Page 6
*18.
GN 89-101 APPOINTMENT TO LIBRARY BOARD
APPROVED
*19.
GN 89-102 GIVING CREDIT ON ASSESSMENT ORDINANCE NO. 1537 -
ORDINANCE NO. 1624
APPROVED
*20.
GN 89-103 AWARD OF CONTRACT FOR CONSTRUCTION
OF IRON HORSE MAINTENANCE/CART STORAGE BUILDING
APPROVED
21.
GN 89-104 PRESENTATION OF PROPOSED TAX RATE
APPROVED
Mr. Line stated that the proposed tax rate had been calculated more
precisely than when the agenda was prepared. Mr. Line stated the staff
was recommending that the tax rate be set at $0.50493 and that the public
hearing be called for that amount.
Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to set the
public hearing on the budget and tax rate for 'September 11, 1989 and
approve publication of the notice of intent to set a tax rate of $0.50493.
Councilman Scoma stated that Council was establishing the maximum tax rate
that would be considered. Councilman Scoma stated there were efforts and
he was proposing that Council consider some items that would reduce the
tax rate significantly. Councilman Scoma stated these issues would be
evaluated with the staff and Council. Councilman Scoma stated Council
wanted to maintain as low a tax rate as possible and still offer quality
services. Councilman Scoma stated he was not in favor of the tax rate
being proposed.
Councilman Garvin stated there was not a Council Person that was not
interested in keeping the tax rate as low as possible. Councilman Garvin
stated each of the Council had that interest in mind.
Motion carried 5-2; Mayor Pro Tern Davis, Councilwoman Spurlock, Councilmen
Metts, Garvin and Sibbet voting for and Councilmen Welch and Scoma voting
against.
22.
PW 89-32 AWARD OF BID ON ~ISCELLANEOUS SLURRY SEAL
OVERLAY STREET IMPROVEMENTS FOR 1989
POSTPONED
Councilman Garvin moved, seconded by Councilwoman Spurlock, to postpone PW
89-32 until the September 11, 1989 meeting.
Motion carried 7-0.
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August 28, 1989
Page 7
*23.
PW 89-33 AWARD OF BID ON SMITHFIELD ROAD
PAVING & DRAINAGE IMPROVEMENTS
APPROVED
24.
CITIZENS PRESENTATION
1) MR. CHARLES L. BUSBY (REPRESENTING AARP)
4621 CATCHIN
RE: GLENVIEW FACILITY
Mr. Busby was not present.
Mr. Marlin Miller, 5109 Susan Lee Lane, President of AARP North Richland
Hills Chapter 3960, appeared before the Council.
Mr. Miller stated he was before the Council in regards to the future of
the Community Center on Glenview Drive. Mr. Miller stated that the Fire
Department would soon be moving out and he understood that there were
plans in the making for the building. Mr. Miller stated that his AARP
chapter as well as the senior citizens, would like to see it made into a
Senior Citizens Center. Mr. Miller stated that they had the ability,
through their bylaws, to obtain a grant to help the City with the
project. Mr. Miller stated they presently met at the Park and Recreation
Center. Mr. Miller briefed the Council on a facility in Nebraska that he
had visited. Mr. Miller stated they felt a Senior Citizens Center was
needed on the south end of the City.
Mayor Pro Tern Davis stated he appreciated the activities in which his
group was involved. Mayor Pro Tern Davis stated that the Council had been
discussing what the City was going to do with the facility since the 1985
Bond Election. Mayor Pro Tern Davis asked Mr. Miller where he would apply
for the grants.
Mr. Miller stated the grants were available through AARP.
Councilman Sibbet asked Mr. Miller to obtain more information on the
financing of the Nebraska facility.
Councilman Scoma stated the Council would be evaluating other uses for the
facility. Councilman Scoma asked Mr. Miller to use his people1s talents
to provide input on how the facilities could be used, how it coûld be
accomplished, the cost, etc.
Mr. Miller expressed his thanks to the Parks and Recreation Staff.
Mr. Charles Cole, 6125 Riveria, appeared before the Council.
Mr. Cole asked the Council to consider passing an ordinance that would
prohibit solicitation by attaching materials to the front door.. Mr. Cole
stated that the people who lived on Riveria on the lakeside were concerned
with the increasing number of people who did not belong on that side of
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August 28, 1989
Page 8
the lake. Mr. Cole stated he would appreciate whatever could ~e done by
the City in discussing with the developer what protection could be given
to those that reside on the lakeside. Mr. Cole stated that the traffic
backed up at the west exit on Rufe Snow at 5:00 p.m. Mr. Cole suggested
that the exit be moved back towards Holiday Lane with the help of the
State.
Mayor Pro Tern Davis stated the City had already requested that from the
State.
Mr. Cole requested that a neighborhood watch program be initiated in the
City.
Mayor Pro Tern Davis stated that the City already had neighborhood watch
programs.
Mr. Line stated Officer Wilkins, who was in charge of the program, would
contact him.
Mr. Cole stated he noticed that Laidlaw was planning to raise tne garbage
pick-up rates. Mr. Cole recommended that the area cities join together
and all contracts go into effect and expire at the same time.
Mr. Line stated that the City was currently discussing this with the other
cities.
Councilman Scoma stated the City did have a committee that was evaluating
the garbage fees and contract.
Mr. Ralph Thrasher appeared before the Council.
Mr. Thrasher asked if the proposed budget had an increase for homestead
exemptions.
Mayor Brown stated no.
25.
ADJOURNMENT
Mayor Pro Tern Davis moved, seconded by Councilman Metts, to adjourn the
meeting.
Motion carried 7-0.
May~r
ATTEST:
City Secretary
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INFORMAL REPORT TO MA VOR AND CITY COUNCIL
^
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No. IR 89-72
Date:
September 7, 1989
Subject:
Change in Date of Library Board Meetings
The North Richland Hills Public Library Board has voted to change its
regular meeting day and time from the fourth Wednesday at 3:30 p.m. to
the third Thursday at 7:00 p.m. effective September 21, 1989.
This will permit more citizens to be eligible for service on the Library
Board.
Respectfully submitted,
i) ~
D~~orvath ~~
Deputy City Manager
DH/ph
- ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 89-73
Date: September 11, 1989
Subject: Information Regarding "Over 65" Exemptions
Councilman Lyle Welch asked us to compute the effect of our
proposed tax increase on those who are eligible for an "over
65" exemption. The property which qualifies for an "over 65"
exemption should be divided into two categories:
1) properties with no taxable value
(i.e no taxes are paid to the City)
2) properties with taxable value
105 units
1,337 units
Of those properties in the second category, the average
taxable value was calculated as $30,016.
Based on the tax rate of $0.4398 which was adopted for
Fiscal Year 1988-89, the amount of taxes is approximately
$132. With the proposed tax rate of $0.50493 the amount due
can be calculated as $152.
As requested by Councilman Welch, in order to reduce the
effect of an increase in taxes upon those who qualify for
the "over 65" exemption, an additional exemption of $4,000
is required. The current "over 65" exemption which was
adopted by City Council is $25,000.
The finan~ial impact on the proposed General Fund Operating
Budget is approximately $30,000. As the tax rate which was
advertised in the paper of $0.50493 cannot be exceeded
without republishing the intent to increase taxes, it is
recommended that implementation, if desired by the Council,
would require an additional reduction of expenditures.
\
Respect ully submitted,
c~. a!:l~
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 89-71
Date: September 11, 1989
Subject: Meeting with Superintendent of Schools Regarding Relocation
of Lewis Drive
On Thursday, August 31, 1989, Public Works Director Greg Dickens and I
met with Superintendent of Schools Joe Bill Fox and several of his
assistants. We discussed the June, 1987 replat of the Richland High
School property which accomplished several land planning type
improvements. One of the platting changes provided for the closing of
Lewis Drive (Noreast) at its present location and the replat of a new
Lewis Drive adjacent to the TESCO right-of-way, to be effective upon
completion of construction of the new Lewis Drive at the northerly
location.
In summary, it was Mr. Fox's opinion that the Birdville Independent
School District has no obligation and no plans for reconstructing Lewis
Drive in the new location. There was some discussion about the
possibility of the BISD and the City sharing in the cost of this
project. I advised Mr. Fox that I did not see any reason to recommend
this to the City Council, in view of the fact that Lewis Drive will carry
traffic about as well in its present location as it would in the new
location. The only advantage I can see to moving the street is to allow
the schools to further consolidate the Richland High School campus.
City Council guidance regarding pursuing this matter with the Birdville
Independent School District is requested.
In the meantime, I think it would be desirable to proceed with
constructing a temporary traffic signal at the present Lewis Drive
Intersection with Holiday Lane. This signal is warranted many times over
by existing conditions and has been held up only because of the
anticipation that the street was to be relocated. A recommendation to
this effect, along with cost information, will be submitted to the CIP
Committee at its next meeting.
Respectfully submitted,
1<~1)1/~
Rodger N. Line
City Manager
RNL/gp
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 89-70
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Date: September 11, 1989
Subject: Public Facility on Glenview Drive
There has been considerable discussion and several recommendations made
as to the future use of the facility on Glenview Drive. As you are
aware, the Fire Department will be vacating half of the building within
the next year and some of the suggested future uses include storage, a
Recycling Center, Senior Citizen Center, Parks Maintenance Facility,
etc. The Mayor has appointed a committee to study the various options
for use of this building. The committee members are:
Council Frank Metts
Jim Browne, Parks and Recreation Director
Marlin Miller, AARP
George Tucker, Director of Management Services
Bob Fenimore, Parks Board Representative
If there is no objections from the City Council this Ad Hoc Committee
will be formed and charged as described above.
Respectfully submitted,
Ç)~~
Dennis Horvath
Deputy City Manager
DH/gp
- ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS
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NORTH RICHLAND HILLS LIBRARY BOARD
August 31, 1989
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The North Richland Hills Library Board met in the board room of the
library on August 31, 1989. This was a rescheduled meeting of August 23.
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Present were Polly Brinkley, Jan Daniels, Bob Hardy, Arlita Hallam,
and Brenda Lewis. Absent: Janice Fenimore, Clyde Zellers, and
Alisa Wood.
A QUORUM OF BOARD MEMBERS WAS NOT PRESENT.
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Arlita Hallam introduced Bob Hardy who was appointed to the alternate
position at the city council meeting of August 28. Former alternate
Alisa Wood was appointed to Place 6 replacing Kay Schmidt, who resigned
earlier this summer.
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Board members Roxie Hamilton and Mike Fritz also submitted their
resignations. The city council will be making new board/commission
appointments at the September 25 meeting.
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Library Director Arlita Hallam's report included the following
information:
The application of the City of North Richland Hills for the
Project Partners Grant has been withdrawn. The limited time
period of the grant did not permit waiting for the unforeseen
and last-minute problems to be legally or budgetarily resolved.
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The recent relocation of the audio-visual materials, expansion
of the adult learning center, and reassignment of library
personnel is working smoothly.
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The budget retreat was held in Granbury on August 18-20. The
public hearing on the proposed budget has been set for
September 11, 1989.
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Chairman Jan Daniels reported that at a recent meeting of city board/
commission chairs with the city council, the council expressed interest
in a closer working relationship between board members and their
council liaisons. A periodic exchange of views and concerns will
enable both board members and council to be better informed and work
more effectively.
Extensive discussion followed on the schedule for library board meetings.
The suggestion was made that the board consider changing meetings
to a Thursday night at 7 p.m. As there was not a quorum present,
Chairman Jan Daniels will telephone èach member to obtain their vote.
Discussions ended at 4:35 p.m.
Brenda Lewis
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CITY OF
NORTH RICHLAND HILLS
Economic Development/Planning
9/11/89
Request of Marvin D. Smith to rezone Tract 2B,
Council Meeting Date:
Subject:
PZ 89-14
John Condra Survey, Abstract 310, from its present
classification of AG Agriculture to R-l Single Family.
This property is located on the north side of Douglas
Lane where it makes the turn to go west.
Agenda Number:
Ordinance No. 1625
Marvin Smith was present to represent the case before the Planning and Zoning
Commission.
The property has 400 feet of frontage and a depth of 220 feet; Mr. Smith plans to plat
the property into 4 single family lots and build 2,500 square foot homes with rear entry
garages.
There was no one present to speak against the request.
The Planning and Zoning Commission voted unanimously to approve the rezoning.
I e RECOMMENDATION:
That the City Council hold the required Public Hearing and consider the recommendation
of the Planning and Zoning Commission.
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Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
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Department Head Signature
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
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, Finance Director
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Ie p & Z Minutes
August 10, 1989
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PS 89-11
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Ie PS 89-12
APPROVED
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3. PZ 89-14
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Mr. Denny stated he had received
releases from the utility comp
for abandonment of the ease t. He
said he plans to build a me there in
about two months.
Chairman Schwin
wishing to
replat to
called for those
in opposition to this
come forward.
being no one wishing to speak,
e Chairman closed the Public
Hearing.
Mr. Barfield made the motion to
approve PS 89-11. This motion was
seconded by Mr. Brock and the motion
carried 7-0.
Request of Arapaho East, Inc. for
replat of Lots 1R, 3 & 4, Block 35,
Holiday.North Addition.
Mr. Wood made the motion to approve
PS 89-12. This motion was seconded by
Mr. Bowen and the motion carried 7-0.
Request of Marvin D. Smith to rezone
Tract 2B, John Condra Survey, Abstract
310, from its present classification
of AG Agriculture to R-1 Single
Family. This property is located on
the north side of Douglas Lane where
it makes the turn to go west.
Chairman Schwinger opened the Public
Hearing and called for those wishing
to speak in favor of this request to
please come forward.
Mr. Smith came forward. He stated
this is a 2 acre tract with a 400 foot
frontage along Douglas Lane and has
approximately 200 foot depth. He said
he plans to have 4 lots there and
build 2500 square foot houses with
rear entry garages.
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Page 3
p & Z }1inutes
August 10, 1989
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Mr. Smith stated there is presently an
old frame house on the property. He
said the owner lived there for 35
years, but is now in a nursing home.
He said it is rented now; a junk
dealer lives there and causes the City
Code Enforcement Officer problems.
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Mr. Smith stated that the tax base now
is approximately $60·,000, but with
this development, it would increase to
approximately $600,000. He said he
plans to center the houses on the lots
with rear entry garages. He said the
houses would set back 50 to 60 feet
from the street.
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Chairman Schwinger called for those
wishing to speak in opposition to this
request to please come forward.
There being no one wishing to speak,
the Chairman closed the Public
Hearing.
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PZ 89-14
APPROVED
Mr. Bowen made the motion to approve
PZ 89-15. This motion was seconded by
Mr. Greene and the motion carried 7-0.
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4.
PZ 89-15
Request of L.C. Urbanovsky
portion of Lot 2, Calloway
Addition, from its present
classification of C-1 Co cial to
C-2 Commercial. This operty is
located at 3805 P man Street.
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Chairman opened the Public
Hear and called for those wishing
speak in favor of this request to
please come forward.
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Mr. Urbanovsky came forward. He said
he built this building 15 years ago
.. for plumbers, mechanics and electrical
shops and subcontractors. He said it
became vacant for 6 months and then
when he tried to lease it, he found he
had the wrong zoning. Mr. Urbanovsky
said he wants the zoning he thought he
had had for 15 years.
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KNOWL TON-ENGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
July 24, 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 89-14 REVIEY LETTER,
ZONING FROM AG TO R-l
REF. UTILITY SYSTEM GRID SHEET NO. 50
Ye 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.
:S~ ....(. 'ScAw~
SUSAN L. SCHYINGER, G.C.E.
RYA/ss
Enclosures
cc: Mr. C.A. Sanford, Assistant City Manager
Mr. Bob Miller, Director of Economic Development/Planning
Mr. Greg Dickens, P.E., Director of Public Yorks
Zoning Review
PZ 89-14
Page
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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ORDINANCE NO. 1625
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-89-14 the following described property shall
be rezoned from AG to R-1.
BEING a tract of land out of the J. Condra Survey, Abstract D310, Tarrant
County, Texas, and being described as follows:
BEGINNING at an iron pin in the North line of Douglas Lane, said point
being 1565.91 feet North 89 degrees 42 minutes 50 seconds, West and 17.40
feet North of the Southeast corner of said J. Condra Survey;
THENCE South 89 degrees 45 minutes 14 seconds West along the North line of
said Douglas Lane 397.29 feet to an iron pin for corner;
THENCE North 02 degrees 00 minutes 52 seconds West 220.00 feet to an iron
pin for corner;
THENCE North 89 degrees 45 minutes 01 seconds East 398.12 feet to an iron
pin for corner;
THENCE South 01 degrees 47 minutes 42 seconds East 220.00 feet to the place
of beginning and containing 2.00 acres of land, more or less.
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Page 2
This property is located on the north side of Douglas Lane where it makes
the turn to go west..
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF AUGUST,
1989.
/}",,-, r7 .;·7 ~
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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-89-14 IS HEREBY REZONED THIS DAY OF
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MAYOR
CITY OF NORTH RICHLAND HILLS
ATTEST:
JEANETTE REWIS, CITY SECRETARY
CITY OF NORTH RICHLAND HILLS
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY
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CITY OF
NORTH RICHLAND HILLS
II ... Economic Development/Planning
~epartment:
9/11/89
Council Meeting Date:
PZ 89-15
Request of L.C. Urbanovsky to rezone a portion
Agenda Number:
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Subject:
of Lot 2, Calloway Acres Addition, from its present
classification of C-1 Commercial to C-2 Commercial.
This property is located at 3805 Parchman Street.
Ordinance No. 1626
Mr. L.C. Urbanovsky was present to represent the case before the Planning and Zoning
Connnission.
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Mr. Urbanovsky noted that the property has always been leased-to tennants who were in
some type of construction business. In contacting the Community Development Department
for an occupancy permit for a new tennant, Mr. Urbanovsky found that the storage
requirements for his tennant, a remodeler, were not authorized in C-I zoning.
There was no one present to speak against the rezoning.
The Planning and Zoning Commission voted unanimously to approve the rezoning request.
e RECOMMENDATION:
I That the City Council hold the required Public Hearing and consider the recommendation
of the Planning and Zoning Commission.
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Finance Review
I. Source of Funds:
., Bonds (GO/Rev.)
Operating Budget
Other ,
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Department Head Signature /
CITY COUNCIL ACTION ITEM
Acct. Number
Sufficient Funds Available
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t:1... .,. ð
~-'L....~tt- SN.'-.O" U.~Ð
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MAYOR
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o 500 1000 1500 2000 2500 3000
AP OF
o TH RICH LAN
ADOPTED
CHAIRMAN, PL
ZONING COMMISSION
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Page 3
P & Z Minutes
August 10, 1989
Mr. Smith stated there is presently
old frame house on the property. e
said the owner lived there for
years, but is now in a nurse home.
He said it is rented now· junk
dealer lives there an auses the City
Code Enforcement Of cer problems.
Mr. Smith sta now
is approxi elÿ $60,000, but with
this de~ opment, it would increase to
appro mately $600,000. He said he
p s to center the houses on the lots
th rear entry garages. He said the
houses would set back 50 to 60 feet
from the street.
Chairman Schwinger called for those
wishing to speak in opposition to this
request to please come forward.
There being no one wishing to speak,
the Chairman closed the Public
Hearing.
Mr. Bowen made the motion to approve
PZ 89-15. This motion was seconded by
Mr. Greene and the motion carried 7-0.
4.
PZ 89-15
Request of L.C. Urbanovsky to rezone a
portion of Lot 2, Calloway Acres
Addition, from its present
classification of C-l Commercial to
C-2 Commercial. This property is
located at 3805 Parchman Street.
Chairman Schwinger opened the Public
Hearing and called for those wishing
to speak in favor of this request to
please come forward.
Mr. Urbanovsky came forward. He said
he built this building 15 years ago
jar plumbers, mechanics and electrical
shops and subcontractors. He said it
became vacant for 6 months and then
when he tried to lease it, he found he
had the wrong zoning. Mr. Urbanovsky
said he wants the zoning he thought he
had had for 15 years.
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Page 4
p & Z Minutes
August la, 1989
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Chairman Schwinger called for those
wishing to speak in opposition to this
request to please come forward.
There being no one wishing to speak,
the Chairman closed the Public
Hearing.
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PZ 89-15
APPROVED
Mr. Lueck made. the motion to approve
PZ 89-15. This motion was seconded by
Mr. Greene and the motion carried 7-0.
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ADJOURNMENT
The meeting adjourned at 7:45 P.M.
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Chairman Planning & Zoning Commission
Secretary Planning & Zoning Commission
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KNOWL TON-ENGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
July 24, 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 89-15 REVIEV LETTER,
ZONING FROM C-1 TO C-2
REF. UTILITY SYSTEM GRID SHEET NO. 157
Ye 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.
S~~. Sc~
SUSAN L. SCHYINGER, G.C.E.
RYAlss
Enclosures
cc: Mr. C.A. Sanford, Assistant City Manager
Mr. Bob Miller, Director of Economic Development/Planning
Mr. Greg Dickens, P.E., Director of Public Works
Zoning Review
PZ 89-15
Page
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1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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the A. a. Walker :n:rvt,:" s1 tuntod u.tljut sevon 1.-:11e5 r10rtheast rro~ the
Courthouse 1n TarrtUlt COU1.t~,. :CX!l~; bOt1nn1n.:; r~l vat'as east ~nd 9 V:lr115 south
:' tr~~! sc1d ". G. .,', a lkc: 1" survcJ'; thence ",est 299-5/10
thence 5(/1: ~L 1734-3/10 foot to un iron p1pa 1n tho JÀortht..~"Ily
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north; 1465 teet to tJ1e pl('Ct\ ,,,!, to¡;lnnln£.:. åo bOl'P.ty :&doz-,t tho loorc<'>Il ::".np as cor-
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fo%- public USQ lh ~ t t..· () t :;hov:n ho:'(:on.
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Sur\·o":cÙ 9-L~-39 El"Oo1~es Ea1~el'.
· Scale: 1 1.r:ch = 200 rt.
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,18 day of Sept., 19::~9.
1.trs. EnÞ1=~' Shelton. Cle:'l: of Com. Court
DcþutJ. of Tarrnnt Co., Texns.
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Dcp~ty .
#19542
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ORDINANCE NO. 1626
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-89-15 the following described property shall
be rezoned from C-1 to C-2.
BEING the North 75.0 feet of the East portion of Lot 2, Calloway Acres,
North Richland Hills, Tarrant County, Texas, as recorded in Volume 1481,
Page 285, Deed Records, Tarrant County, Texas, and being further described
by metes and bounds as follows:
BEGINNING 14.5 feet West of the Northeast corner of said Lot 2; said point
being in the West R.O.W. line of Parchman Street;
THENCE South, along said West R.O.W. line of Parchman Street, 75.0 feet to
a steel rod for corner;
THENCE West, 125.0 feet to a steel rod for corner;
THENCE North 75.0 feet to a point for corner in the North line of said Lot
2;
THENCE East, along the North line of said Lot 2, 125.0 feet to the place of
beginning.
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Page 2
This property is located at 3805 Parchman Street.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF AUGUST,
1989.
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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-l5 IS HEREBY REZONED THIS DAY OF
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MAYOR
CITY OF NORTH RICHLAND HILLS
ATTEST:
JEANETTE REWIS, CITY SECRETARY
CITY OF NORTH RICHLAND HILLS
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY
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CITY OF
NORTH RICHLAND HILLS
Economic Development/Planning
9/11/89
Council Meeting Date:
Subject:
Request of Williamsburg & Associates for replat
PS 89-4
Agenda Number:
of Lots lRl, 3Rl & 3R2, Block 7, Industrial Park
Addition. This property is located on the west side
of Rufe Snow Drive near the intersection with
Industrial Park Boulevard.
Delbert Stembridge has represented Williamsburg & Associates for this replat.
their intent to build a speedy lube type operation on Lot 3R1.
It is
The Planning and Zoning Commission approved the replat subject to Kevin Miller's review
letter dated June 12, 1989 with the following exceptions:
1) That an additional fire hydrant as recommended in Item 112 of
Kevin's letter NOT be required.
2) That an additional drainage study as recommended in Item #5 of
Kevin's letter NOT be required'.
RECOMMENDATION:
It is recommended that the City Council consider the recommendation of the Planning and
Zoning Commission.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Acct. Number
Sufficient Funds Available
Kft;7~~~
City Manager
. Finance Director
Department Head Signature
CITY COUNCIL ACTION ITEM
Pa e 1 of
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1194
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS,
AUGUST 24, 1989 - 7:30 P. M.
CALL TO ORDER
The meeting was called to
Chairman, John Schwinger,
John Schwinger
Mark Wood
David Barfield
Don Bowen
Pat Marin
George Tucker
Wanda Calvert
ROLL CALL
PRESENT:
Chairman
Vice Chairman
Secretary
Member
Alt. er
D . Management Serve
& Z Coordinator
ABSENT:
Ron Lueck
James Brock
David Greene
Since there are absentees, Alternate
Pat Marin will vote.
ERATION OF THE MINUTES
AUGUST 10, 1989
Mr. Wood made the motion to approve
the minutes as written. This motion
was seconded by Mr. Barfield and the
motion carried 5-0.
1.
PS 89-4
Request of Williamsburg & Associates
for replat of Lots lRl, 3Rl, & 3R2,
Block 7, Industrial Park Addition.
PS 89-4
APPROVED
Mr. Wood made the motion to approve
PS 89-4 subject to the Engineer's
comments with the exception of the
fire hydrant and drainage. This
motion was seconded by Mr. Barfield
and the motion carried 5-0.
2.
PS 89-14
Request of Centex Real
Inc. for preliminary
Estates, Third g.
PS 89-14
APPROVED
arfield made the motion to
approve PS 89-14 subject to staff and
engineer's comments and a new drawing
being submitted prior to final
platting. This motion was seconded by
Mr. Bowen and the motion carried 5-0.
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City of J\8rth Richland HiUs., Texas
~/\ø
--- ---
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June 12, 1989
REF: PWM-0054-89
Memo to:
Planning & Zoning Coomission
From:
Kevin B. Miller, P.E.
Assistant Director of Public Works/Utilities
Subject:
PS 89-4; REPLAT OF INDUSTRIAL PARK ADDITION,
IDts lR-l, 3R-l, 3R- 2, Block 7
I have made a second review of the subject plans and offer the following
cœments.
1. The current 24 foot access easaœnt is contiguous with all three lots.
After "Certificates of Occupancy" are issued the City would no longer
control traffic leaving Lot lR-l. The current status of Rufe Snow Drive
strongly indicates a need for limited access as \tæll as controlled entry
points for large vehicular volumes. I feel that a minimum separation of 5
feet between the access easement and lot lR-l is necessary to insure that
traffic control is maintained as Ÿ1ell as possible.
2 . The Subdivision Ordinance requires that replats are to be reviewed for
engineering cat1pleteness following the sane procedure as final plats. The
Design Manual (referenced by the Subdivision Ordinance and adopted by
resolution) requires that fire hydrants located on the opposite side of a
thoroughfare, not be considered when detennining adequate fire hydrant
coverage.
3 . The revised easement along the \~st side of IDt 4 should be noted as a
12.5 foot utility easement.
4 . Verify lot and block numbers for the property to the south.
5 . A "Drainage Master Plan" for the City. of North Richland Hills was
completed in 1985. The engineer's letter clearly indicates that the plan is
not to be used as design plans, but strictly as a guide to the Ci ty in
controlling developœnt of the six major watersheds within the City.
(817) 281.Q041"301 N.E. LOOP 8201P.O. BOX 18809/NORTH RICH LAND HillS, TX 78180
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~-0054-89
Page 2
J1.me 12, 1989
All though a drainage analysis nay have been completed during the last
replat (1985), a new Subdivision Ordinance as well as drainage criteria is
now in effect. Preliminary review indicates as much as 45 CFS flowing in
the west half of Rufe Snow during a 5 year frequency stonn. This greatly
exceeds the capacity of a 60 foot wide street and makes no allowance for
through lanes . Additional study is therefore warranted and curb inlets
should be added as necessary.
6 . The easement dedication should be corrected to ma.tch the dedication
previously transmitted.
7 . The Street Lighting Ordinance has changed since the original plat.
Since the developer is required to install the street lights adjacent to and
wi thin the platting area, all existing lights should be indicated and
adequate coverage verified.
8 . Sidewalks are no longer required by just the Building Code. Sidewalks
are also required by the Subdivision Ordinance and should therefore be
included at the platting phase.
_2"''/' z? -7~~~:,:'//
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kevin B. Miller
KBM/ds
cc: Mr. Greg Dickens, Director of Public Works/utilities
Mr. Bob Miller, Director of Econanic Developnent
enclosures
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City of j\(õrth Richland Hills, Texas
~..ay 15, 1989
REF: PWM-0044-89
Memo to:
Planning & Zoning Cornnission
Fran:
Kevin B. Miller, P.E.
Assistant Director of Public WOrks/Utilities
Subject:
PS 89-4; PEPLAT OF INDUSTRIAL PARK ADDITION,
Lots lR-l, 3R-1, 3R-2, Block 7
I have reviewed the subject plans and offer the following cœments:
1. The 24' access easenent should be limi ted to that portion which is
parallel to Rufe Snow. Vehicular traffic fran lDt 1R-1 should be directed
to Industrial Park Drive.
2. The fire hydrants located on the north side of Industrial Park Drive
should not be C01.mted when determining adequate hydrant coverage. New
hydrants should be installed adjacent to Lots lR-1 and 3R-1.
3. The existing 5' utility eaSeIœnts should be vacated and replaced with
7.5' utility easenents per the new Subdivision Ordinance.
4. Zoning should be shown for all lots included in this replat.
5. Existing drainage on Rufe Snow Drive should be shown and subnitted with
a drainage study. The drainage study should address street capa.ci ty on both
Rufe Snow and Industrial Park Drive.
6. The easement dedication (shown on the attached drawing) should be added
to the plat just prior to the owners acknowledgement.
7. The owners telephone number should be added to the plat.
8. All existing street lights should be shown to verify spa.cing.
(817) 281.Q041"301 N.E. lOOP 8201P.O. BOX 18809/NORTH RICHLAND HillS, TX 78180
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~-0044-89
Page 2
May 15, 1989
9 . Sidewalks should be shown or added as appropriate.
Z:~~;??{~
Kevin B. Miller, P.E.
KBM/ds
cc: ~1r. Greg Dickens, Director of Public Works /Utili ties
Mr. 130b Miller, Director of Econanic Developnent and Planning
Mark-Up Attached
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Department:
CITY OF
NORTH RICHLAND HILLS
Administration 9/11/89
Council Meeting Date:
Project Partners Grant (Library) - Resolution No. 89-36 GN 89-105
Agenda Number:
SUbject:
In February, 1989, the City Council approved the application to the Texas State Library
for funding of Project Partners. Many unforeseen problems have surfaced, including a
possible software copyright infringement, technical problems, ~ rger than anticipated
continuing budgetary expenses and staffing difficulties. In aodition to these problems,
the cities of Euless and Grapevine have withdrawn from this project. We have notified
the Texas State Library that we wish to withdraw our application and the attached
resolution formally withdraws our request.
Recommendation:
It is recommended that the City Council approve Resolution No. 89-36
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget
Other /l ..,
¿&çn4b- 4I£?u # (::/ 1/11 /~~~
Department Head ~ature ------ l .~ Manager
CITY COUNCIL ACTION ITEM
, Finance Director
Pace 1 of
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RESOLUTION NO. 89-36
WHEREAS, the City Council has heretofore approved an application for a
grant from the Texas State Library for funding of a five-city-project known
as Project Partners; and
WHEREAS, two of the five cities have withdrawn from this library
project; and
WHEREAS, Project Partners would include a continuing funding for
maintenance and operation which the City Council finds is beyond the City's
ability to meet at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that:
1 .
The authorization to go forward with the application for a grant to
fund Project Partners is hereby withdrawn.
2.
The City Manager is directed to take all action necessary to implement
the terms and spirit of this resolution.
PASSED AND APPROVED this 11th day of September, 1989.
APPROVED:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
:~. . ,~ ~:.~ '::_1
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CITY OF
NORTH RICHLAND HILLS
Public WOrks/Utilities
9/11/89
Council Meeting Date:
SUbject:
Contract for La1x>ratory Services v7i th the Trinity
Ri Tv~cr 1\uthori t:/
Agenda Number:
GN 89-106
This is the standard contract that we sign each year with the Trinity Piver Authority
for tl1e purpose of la1x>ratory testing of sewer samples, water ;. ".:1ples, etc. This
contract is effective October 1, 1989 through September 31, 19S. The proposed fees are
the same as for the current contract except for minor changes. The funding source for
this testing is in the utility operating budget for 1989-90.
Recomnendation:
The staff recarmends approval of this contract with the Trinity River Authority for
la1x>ratory testing services.
:..·.,.········'·.·.·.··.··.1
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Finance Review
Source of Funds:
Bonds (GO/Rev.) ,._
Operating Budget ~
Other oJ ~l -;7)( /' d
~~,dl.~~
/ çiepaptment Head Signature
~ j/ CITY COUNCIL ACTION ITEM
Acct. Number
SUffiC~dS Availabl~
0.2-11-02-49¿ì
. Finance Director
#..~
City Manager
Pa e 1 of
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Trinity River Authority of Texas
Central Regional Wastewater System
August 24, 1989
Gregory Dickens
Director of Public Works
City of N. Richland Hills
P.O. Box 18609
North Richland Hills, Texas 76118
Dear Greg:
Subject: Central Regional Wastewater System
Contract for Services - Fiscal Year 1990
Enclosed are two (2) copies of the Fiscal Year 1990 Trinity River Authority
Contract for Services relating to the analysis of water and wastewater,
industrial inspections. and/or sampling services offered to all Contracting
Parties. The submitted contracts are for your review and official
authorization for the renewal of annual requested services by the City
that presently expires September 30, 1989. After your approval, please send
both authorized copies to my office to process for final execution, whereupon
one (1) original Contract for Services between the City and Trinity River
Authority will be returned for your files.
To coordinate our efforts accordingly, the Authority requests the renewal of
this contract to begin on October 1, 1989. and terminate on September 30, 1990.
Should you have any questions concerning this matter, please contact this
office at your convenience.
Sincerely,
¡n I dJ~
PATRICIA M. CLEVELAND
Manager, Technical Services
PMC/jm
Enclosures
P.O. Box 531196
Grand Prairie, Texas 75053
(214) Metro 263-2251
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CONTRACT FOR SERVICES
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CONTRACTING PARTIES
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The Rece;vinQ Aaency:
is 7301 N.E. LOaD 820
Texas 76180
North Rich1and
City of Hills , whose authorized address
P 0 Rov l~hnQ, VQ~tR D;~þl~nM ~;11?7
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The Performinq Agency: Trinity River.Aut Jrity of Texas, wh~se
authorized address is 5300 South Coll,ns, P. O. Box 240, Arllngton,
Texas 76010, Attention: Danny F. Vance. General Manager (or his
designated representative).
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II. STATEMENT OF SERVICES TO BE PERFORMED
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In order to discharge the responsibilities associated with the
enforcement of Federal. State. and City regulations, the Receiving
Agency requires services of a laboratory qualified to perform
water and wastewater analysis, and of personnel to conduct industrial
inspection and/or sampling services, such services detailed in Section
A, Subsection(s) 1, 2 & 3 ,below.
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A. PERFOR~~NCE OF SERVICES
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1. Industrial Inspection Services
In keeping with the foregoing, the Receiving Agency employs
the Performing Agency and the Performing Agency agrees to
perform industrial inspection services within the parameters
listed on the attached schedule sheet.
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The Performing Agency (Trinity River Authority of Texas) shall
perform all Industrial Pretreatment Inspections, review permit
applications and prepare for submittal Permits to Discharqe
Industrial Wastes to the Sanitary Sewer in accordance with
procedures established by the Trinity River Authority of
Texas in accordance with 40 eFR Part 403.8. Industrial
Pretreatment Inspections, Application reviews and Permit
preparations and submittals shall be in compliance with the
Receiving Agency·s Industrial Waste Ordinances, Sewer
Ordinances Numbers 1063 & 381 ,and EPA General
Pretreatment Regulations for Existing and New Sources.
Records of Inspections, Applications and Permits shall be
maintained as required by EPA General Pretreatment
Regulations, 40 CFR Part 403.12.
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2. Industrial Samplinq Services
In keeping with the foregoing, the Receiving Agency employs
the Performing Agency and the Performing Agency agrees to
perform industrial sampling services within the parameters
listed on the attached schedule sheet and in accordance with
the Receiving Agency·s Industrial Waste Ordinances and Sewer
Ordinances Numbers 1063 & 381
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The Performing Agency (Trinity River Authority of Texas) shall
perform all sample collections, sample preservation, and
maintenance of chain-af-custody records in accordance to the
approv~d procedures set forth in Test Methods for EvaluatinQ
Solid Waste, EPA Manual SW-846, Methods for Chemical Analysis
of Water and Wastes, EPA Manual EPA-600/4-79-020, and the
Handbook for Samplinq and Sample Preservation of Water and
Wastewater, EPA ~1anual EPA-600/4-82-029. The samples shall be
properly collected, preseryed and delivered by the Performing
Agency to the Performing Agency·s laboratory located at 6500
West Singleton Blvd.. Grand Prairie, Texas. When feasible
flow or time composited sampling will be conducted. When
composited sampling is not feasible, grab sampling will be
appropriate.
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Analytical Services
In keeping with the foregoing, the Receiving Agency employs
the Performing Agency and the Performing Agency agrees to
perform analytical services within the parameters listed on
the attached schedule sheet.
The Receiving Agency estimates an average of ____ samples per
month will be collected and delivered to the laboratory for
analysis. It is understood that these samples will be
properly collected and preserved in accordance with applicable
sections of A Practical Guide to Water Quality Studies of
Streams, Federal Water Pollution Control Administration
publication and Methods for Chemical Analysis for Water and
Wastes, EPA manual, as well as the latest edition of Standard
ÑëthÕds for the Examination of Water and Wastewater. A chain-
of-custody procedure shall be maintained in the field and the
laboratory in accordance with procedures to be established by
the Receiving Agency. The Receiving Agency will furnish chain-
of-custody tags.
The Performing Agency (Trinity River Authority of Texas) will
perform all analyses according to the approved procedures set
forth in Standard ~1ethods for the Examination of Water and
Uastewater, current edition or the latest edition of Methods
for Chemical Analysis of Hater and Wastes, EPA manual.
Samples will be analyzed by these methods on the production
basis, to include appropriate analytical quality assurance
procedures. Records will be kept for documentation of the
Performing Agency's quality assurance program and copies will
be available to the Receiving Agency upon request. Unusual
interferences and problems will be reported to the Receiving
Agency at its authorized address noted above. Research
into specific techniques to overcome these difficulties will
be undertaken when practical, and by mutual agreement. The
sample information sheet submitted with each sample will
designate the particular analysis or analyses to be made of
each sample submitted. The laboratories will be operated in
such a manner as to insure the legal sufficiency of the sample
handling; analytical and reporting procedures; and to remedy
effects in the procedures should such be discovered.
The various laboratory personnel shall be directed upon
receipt of written notice from the Receiving Agency 72 hours
in advance, to appear and testify in enforcement actions. In
such event, travel and per diem expenses for such employees
shall be paid by the Receiving Agency. Travel and per diem
for court appearances hereunder shall be based on current
State laws.
Receiving Agency may deliver to Performing Agency samples for
analysis separate and apart from those samples collected by
the Performing Agency. When the Receiving Agency delivers
samples to the Performing Agency for analysis, the Receiving
Agency shall indicate the nature and extent of the analyses it
desires to be conducted. Performing Agency shall not be
responsible for the manner of collection or chain-of-custody
tags or sheets which are matters entirely outside Performing
Agency's control. Performing Agency shall receive, log and
perform such analyses of samples in accordance with that part
of the chain-of-custody procedures identified as Transfer of
Custody and Shipment attached hereto.
Samples arralyzed to maintain the normal quality assurance
program which the Performing Agency presently maintains in its
laboratory will be charged to the Receiving Agency at the same
rate as submitted samples~
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B. TERHINATION
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Either party to this Contract may terminate the Contract by giving
the other party thirty (30) days notice in writing at their
authorized address as noted previously. Upon delivery of such
notice by either party to the other and before expiration of the
thirty (30) day period. the Performing Agency will proceed
promptly to cancel all existing orders, contracts. and obligations
which are chargeable to this Contract. As soon as practicable
after notice of termination ;s given. the Performing Agency will
submit a voucher for work performed under this Contract through
its termination. The Receiving Agency will pay the Performing
Agency for the work performed less all prior payments. Copies of
all completed or partially completed reports, documents, and
studies prepared under this Contract will be delivered by the
Performing Agency to the Receiving Agency when and if this
Contract is terminated prior to the completion of the prescribed
work.
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c.
AMENDING THE CONTRACT
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The parties hereto without invalidating this Contract may alter or
amend this Contract upon advance written agreement of both parties
to exclude work being performed or to include additional work to
be performed and to adjust the consideration to be paid hereunder
by virtue of alterations or amendments.
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III. BASIS FOR CALCULATING REIi'-iSURSABLE COSTS
The financial basis for calculating reimbursable costs shall be as
stated in Attachment A.
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The expenditures by the Trinity River Authority of Texas of funds paid
to it under this Contract shall be subject to such State or Federal
audit procedures as may be required by law and by accepted practices
of the State or Federal auditor, or both, if requested. The Trinity
River Authority of Texas shall be responsible for maintaining books of
account that clearly, accurately and currently reflect financial
transactions. The financial records must include all documents
supporting entries on the account records which substantiate costs.
The Trinity River Authority of Texas must keep the records readily
available for examination for a period of three (3) years after the
close of the last expenditure.
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Reimbursement for the inspection, sampling, and/or analytical costs,
and cost for any travel and per diem expenses shall not exceed
Five Thousand dollars ($ 5,000.00 ) for the period of this
Contract.
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I V . COf'JTRACT ANOUNT
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The total amount of this Contract shall not exceed Five Thousand
dollars ($5,000.00) nor be less than One Hundred
dollars ($100.00 ).
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v. PAYMENT FOR SERVICES
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The Performing Agency shall bill the Receiving Agency monthly for
services performed: Charges for these services shall be based on the
attached cost schedules.
The Receiving Agency shall pay the monthly billings of the Performing
Agency within thirty (30) days of their receipt.
VI. TERN OF CONTRACT
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This Contract ;s to begin October
September ~,19 90.
L. 1989 and sha 11 term; nate
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Receiving Agency:
CITY OF
BY:
TITLE:
DATE:
ATTEST:
(SEAL)
Performing Agency:
TRINITY RIVER AUTHORITY OF TEXAS
BY:
GENERAL MANAGER
DATE:
ATTEST:
(SEAL)
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CHAIN-Of-CUSTODY PROCEDURES
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Sampla Collection
1. To the maximum extent achievable. as few people as possible should
handle a sample.
2. Stream and effluent samples should be obtained using standard field
sampling techniques and preservation procedures.
3. Chain-of-Custody tags or sheets should be c :ached to each sample at the
time it is collected.
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The tag or sheet contains basically laboratory (requested parameters)
information; however, certain identifying items including City, City
Code, Type Sample, ~1aterial Sampled, and Method of Preservation must be
completed by the field personnel collecting the sample.
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In completing the Chain-of-Custody tag or sheet, care should be utilized
to insure that all necessary information is correctly and legibly
entered onto the form. A black ballpoint with water proof ink should be
used at all times.
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Transfer of Custody and ShiDment
1. All samples should be handled by the minimum possible number of persons.
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2. All incoming samples shall be received by the custodian, or his
alternate, and logged into a record book (log book). Information to be
entered into the Log Book shall include the sample number, date
received, source, time(s) sampled, date(s) sampled, and analyses
requested.
3. Promptly after logging, the custodian will distribute the sample to an
analyst or place the sample in the sample room, which will be locked at
all times except when samples are removed or replaced by analysts.
4. The custodian shall ensure that heat-sensitive samples, or other sample
materials having unusual physical characteristics, or requiring special
handling, are properly stored and maintained.
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5. Samples shall be kept in the sample storage security area at all times
when not actually being used by analysts, such as during overnight
absences.
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6. The analysis sheet will be signed and dated by the person performing the
tests and retained as a permanent record in the laboratory.
7. Test results shall be sent by the laboratory to the appropriate
Receiving Agency control point.
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Trinity River Authority of Texas
Central Regional Wastewater System
TEe H N I C A L S E R V ICE S FEE S C H E D U L E
FOR
P.O. Box 531196
Grand Prairie, Texas 75053
(214) Metro 263-2251
LAB 0 RAT 0 R Y A N A L Y S E S
1 N 0 U S T R I A L INS PEe T ION S
A NO
I N 0 U S T R I A L SAM P L I N G
F I seA LYE A R 199 0
December 1, 1989 through November 30, 1990
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CHEMICAL ANALYS"ES
WATER
Alkalinity, Total
Alkalinity, Phenolphthalein
Bicarbonate
Carbonate
Biochemical Oxygen Demand (BODS)
Biochemical Oxygen Demand (C-BOD5)
Biochemical Oxygen Demand (C-BOD20)
Biochemical Oxygen Demand (BOD20)
Chemical Oxygen Demand
Chloride
Chromium Hexavalent
Conductance, Specific
Conductance, Diluted
Cyanide
Cyanide (Amendable to Chlorination)
Fluoride, Dissolved
Fluoride, Total
Hardness
Ignitability
(Pensky-Martens Closed Cup)
Nitrogen:
Anunonia
Kjeldahl~ Total
Nitrate
Nitrite
Organic
[ C P A A METAL
$ 7 5 0 E A C H
Antimony Iron
'Barium Lead
8eryllium Manganese
Cadmium Molybdenum
Chromium Nickel
Cobalt Silver
Copj>er lellirium
$ 6 . 2 0 E A C H
Aluminum Potassium
'Boron Silica
Calcium Sodium
~agnesium
$ 1 2 . 0 0 .E A C H
A N A 1 Y S E S
Thallium
Tin
Uranium
Vanadium
Zinc
Arsenic
Mercury
Selenium
Lead - Low Level
Copper - Low Level
Cadmium - Low Level
$ 5.00
$ 4.00
$ 4.50
$ 4.50
$ 11.25
$ 12.00
$ 13.25
$ 13.25
$ 8.00
~ 5.00
i 8.25
.$ 2.90
$ 5.25
$ 24.00
$ 30.00
$ 8.10
$ 7.50
$ 5.50
~ 26.00
$ 6.00
$ 15.00
$ 5.50
$ 5.50
$ 32.00
Oil and Grease
pH
Phenols
Phosphorus:
Ortho
Total
Solids:
Total (IS)
Total Dissolved (TDS)
Total Suspended (TSS)
Volatile Suspended (VSS) After TSS
SULfate
Sulfide
Surfactants - MBAS
Lotal Petroleum Hydrocarbons
Total Organic Carbon
Turbidity
SEDIM"ENT
Chemical Oxygen Demand
Cyanide
Nitrogen, Kjeldahl, Total
Oil and Grease
Phosphorus, Total
Solids, Total Volatile
Total Petroleum Hydrocarbons
P'R I 0 R r T Y POL L H TAN T
$ 1 1 1 .00 TOr A L
Antimony
Arsenic
Berylliwn
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
ç AMP 1 E PRE PAR A T ION
Sediment and Oils
EP Toxicity Leachate
!WC Leachate
$ 15.00
S 55.00
$ 26.00
$ 20.50
$ 2.25
$ 30.00
$ 5.50
$ 7.00
$ 3.90
$ 6.50
$ 6.00
$ 3.40
$ 10.00
$ 4.15
$ 22.00
$ 30.00
$ 11.75
$ 2.50
$ 20.00
$ 27.00
$ 18.00
$ 20.00
$ 9.50
$ 7.25
$ 30.00
MET A L S
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P RIO R I T Y POL L UTA N T S
GAS CHRO.MATOGR).PHY ANALYSE~
PES TIC IDE S / PCB I S
Volatiles
Base Neutrals
Acid Extractables
Pesticides/PCBls
ORGANIC DETERMINATION
~ v d l 0 car bon ISo 1 v e n t -5
General Hydrocarbon/Solvent
Scan (VOA) (One colunm);
*Five or less components;
including quantification
General Hvdrocarbon\Solvent
Scan (VOA) (Two column);
*Five or less components;
including quantification
Volatile Organic Constituents
(EPA regulated - method 601/602)
*Add fifteen dollars ($15)
for each extra component
scanned and quantified
H'ERBICTDES
Chlorinated Phenoxy Acid
Herbicides (Confirmed and
quantified)
S P E C I A LAN A L Y S E S
Gel M S )
Quoted Upon
ReQuest
Chlorinated Hydrocarbons,
Organophosphate Pesticides, and
~o1ychlorinated Biphenyls (Sample
preparation, extraction9 and clean-
up per sample) .
ADD for Chlorinated Hydrocarbon
(Confirmation and quantification
per sample)
ADD for Organosphosphate Pesticide
(Confirmation and quantification
per sample)
ADD for ~olychlorinated Biphenyls (PC B)-
Water (Confirmation and quantification
per sample)
ADD for PCB - Oil (Confirmation and
quantification per sample)
$ 87.00
$ 43.00
$ 45.00
$ 45.00
$ 30.00
$ 35.00
$ 15.50
$ 55.00
E P T 0 X I C I T Y
leachate Extraction Procedure
Metals: Arsenic. Barium, Cadmium
Chromium, Lead9 Mercury, Selenium
Silver
Organics: Endrin; Lind~~e;
Methoxychlor; Toxaphene; 2, 4, D:
2, 4, 5-TP Silvex
( G C
$105.00
$160.00
$ 50.00
T R I HAL 0 MET H A N E S
Triha1 omethane s
SAM P L E PRE PAR A T ION
$115.00
ADD for Special Treatment/Per Sample
(Sediment, Oil)
ADD for Special Treatment/Per Sample
(EP Toxicity Leachate)
F RIO R I t y POL L UTA N T S
$ 55.00
Cyanides
Metals
Organics
<t 73.50
M I C ROB T 0 LOG 1 C A LAN A L Y S E S
$245.00
$ 24.00
$111.00
Quote
Chlorophyll "a"
Chlorophyll "a" and Pheophytin "all
Coliform, Fecal (MF)
Coliform, Total (MF)
Microscopic General Examination
Microtox, Bacterial Bioassay
Streptococcus, Fecal (MF)
Heterotrophic Plate Count
$ 7.00
$ 7.00
$ 7.00
$ 5.50
$ 8.50
$ 39.75
$ 7.00
$ 6.75
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I N D U S T R I A L
I N D U S T R I A L
PRETREATMENT
SAM P L I N G
S E R V T C E S
T ~r T) U S T R I A t
T N S PEe T ION
Composite Sampling/24 Hours
Installation and Removal
Grab Sample Pick-up
Inspection/On Site
$ 65.00
$ 50.00
$ 30.00
- Installation of Automatic Composite Samplers
- Grab Sampling
- Delivery to IRA Laboratory
- Field Testing Available
- Sample Preservation
- Proper Chain of Custody
- Permit Application Review
- Chemical Inventory Review
- Verification of Application Data
- Consultation with Industries on Industrial
..Pretreatment
GENERAL
SERVICE 1NFORMATIO~
1. Effective Date: December 1. 1989, all prices listed are per sample and subject to review.
2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater,"
16th Edition, 1985 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983.
3. IRA will add a 10% charge, at the same rate as submitted samples, on the monthly billing to maintain the
normal quality assurance program.
4. Sample preparations, if required, are charged additionally as listed.
5. Sample containers, preservatives, and supplies will be provided upon request at a reasonable charge.
6. Samples* should be delivered to the laboratory before 4:30 p.m. on weeKdays. Samples cannot be accepted on
weekends or holidays unless special arrangements are made in advance. *(Bacteriological samples should be
delivered prior to 2:00 p.m. unless special arrangements are made in advance. After-hour samples may be left
in cold storage vault with analyses request form.)
7. Average completion time for standard tests is two weeks with the analyses results normally mailed within two
days of completion. Billing statements for completed monthly analyses are mailed by the 10th of the following
month.
8. Laboratory hours are weekdays 7:00 a.m. to 5:30 p.m. and weekends 9:00 a.m. to 5:00 p.m.
9. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. For after-hour emergencies, leave message with
computer operator.
FO"R MORE
I N FOR M.A T...I 0 N ,
"Bill Cyrus
Laboratory Division Chief
CONTACT
Patricia Cleveland
Manager, Technical Services
Stephen Bainter
Pretreatment Coordinator
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CITY OF
NORTH RICHLAND HILLS
Department:
Budget
9/11/89
Council Meeting Date:
GN 89-107
Agenda Number:
Subject:
Public Hearing on 1989-90 Budget
Due to an error made by the newspaper, the tax rate hearing was not published in time to
hold that hearing on September 11, 1989. That hearing has been set for September 18,
1989 and it has now been properly published. The notice of public hearing on the
budget was published on August 31, 1989 for September 11, 1989. However, the
newspaper ran a news article saying that the public hearing on the budget would be held
on September 18, 1989.
This item is on this agenda because the official publication on the budget hearing set
the date for September 11, 1989.
Recommendation:
Open the public hearing on the budget at this meeting. Present the budget and hear from
the public. Then recess the hearing on the budget until September 18, 1989 at 7:30 p.m.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Oth~, . r .~
(I ~/d "
\ ~ /~~, ,v~'~
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Department Head Signature
CITY COUNCIL ACTION ITEM
Acct. Number
~ ficie~t Funds Availabl~
' ¡~~ 711~
I~ ' ~ . Finance Director
City Manager
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CITY OF
NORTH RICHLAND HILLS
Economic Development
9/11/89
Council Meeting Date:
Subject:
Resolution Adopting Guidelines and Criteria
GN 89-108
Agenda Number:
for Granting Tax Abatement in Reinvestment Zones
Created in the City of North Richland Hills
Resolution No. 89-37
In late 1988, Mayor Brown, Rodger Line and C.A. Sanford atten..ied a Tax Abatement
Workshop presented by Jay Kayne & Associates at the North Central Texas Council of
Governments.
The City retained Mr. Kayne to do a feasibility study to define the possibility of
adopting a Tax Abatement Program in North Richland Hills.
Under the direction of the City Council, Mr. Kayne met with the Industrial Development
Committee. Working with Mr. Kayne, the Industrial Development Committee has
recommended that the guidelines presented to you for consideration at this meeting be
adopted.
City Staff has attempted to work with Birdville Independent School District with the
hopes of adopting a joint program. Presently, Birdville Independent School District is
not prepared to deal with this issue.
Because of several projects on which we are currently working, C.A. and I feel that it
is imperative that we have a City of North Richland Hills Tax Abatement Policy in
place. There are development opportunities which we will be considering in the
immediate future that have a direct correlation with the adoption of such a program.
RECOMMENDATION:
It is the recommendation of City ·Staff that the City Council approve Resolution No. 89-37
and adopt the guidelines and criteria for granting tax abatement in reinvestment zones
created in the City of North Richland Hills as presented.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other J_
Q~~~UJ,~
Finance Review
Acct. Number
Sufficient Funds Available
¿~C~~
Department Head Signature ' .: ty Manager
CITY COUNCIL ACTION ITEM
. Finance Director
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RESOLUTION NO. 89-37
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THE STATE OF TEXAS~r
A RESOLUTION ADOPTING
GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT IN
REINVESTMENT ZONES CREATED IN
THE CITY OF NORTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS,r
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WHEREAS the future economic viability of the City of North
Richland Hills depends on the County's ability to attract new
investment through the location of new industry and the expansion and
modernization of existing businesses; and
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WHEREAS, the creation and retention of job opportunities that
result from new economic development is the highest civic priority;
and
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WHEREAS, the City of North Richland Hills must become and remain
competitive with other localities across the nation in the expansion
of their existing industrial base and the attraction of new commercial
and industrial investment; and
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WHEREAS, any tax incentives offered by the City of North Richland
Hills should be limited to those companies that create new wealth
within the City; and
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WHEREAS, no tax incentive offered by the City of North Richland
Hills should adversely affect the competitive position of existing
companies operating in the city; and
WHEREAS, effective September 1, 1987, Texas law requires counties
and municipalities, which elect to participate in tax abatement
programs, to establish guidelines and criteria governing the
designation of reinvestment zones and tax abatement program prior to
granting any future tax abatement; and
NOW, therefore be it resolved that the North Richland Hills City
Council does hereby adopt the attached "Guidelines and Criteria" for
granting tax abatement in reinvestment zones created within the City
of North Richland Hills, Texas.
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Section 1
DEFINITIONS
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(a) "Abatement" means the full or partial exemption from ad valorem taxes of certain improvements to real
property in a reinvestment zone designated for economic development purposes.
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(b) "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible
jurisdiction for the purposes of tax abatement.
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( c) "Base Year Value" means the assessed value of eligible property on January 1 preceding the execution of
the agreement plus the agreed upon value of eligible property improvements made after January 1 but
before the execution of the agreement.
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( d) "Deferred Maintenance" means improvements necessary for continued operations which do not improve
productivity or alter the process technology.
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( e) "Economic Life" means the number of years a property improvement is expected to be in service in a
facility.
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(1) "Eligible Jurisdiction" means the City of North Richland Hills. the Birdville Independent School District,
Tarrant County, or other special taxing districts that levy ad valorem taxes upon and provide services to
property located within a proposed or existing reinvestment zone.
(g) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of
increasing production capacity.
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(h) "Facility" means property improvements completed or in the process of construction which together
comprise an integral whole.
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(i) "Manufacturing Facility" means buildings, structures, fIXCd machinery or equipment, the primary purpose
of which is or will be the manufacture of tangible goods or materials or the processing of such goods or
materials by physical or chemical change.
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(j) "Modernization" means the upgrading of existing facilities which increased the productive input or
output, updates the technology or substantially lowers the unit cost of the operation. Modernization may
result from the construction, alternation, or installation of buildings, structures, fIxed machinery or
equipment. It shall not be for the purposes of reconditioning, refurbishing or repairing.
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(k) "New Facility" means a property previously undeveloped which is placed in service by means other than
or in conjunction with expansion or modernization.
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(1) "Other Basic Industry" means buildings and structures including fIXed machinery and equipment not
elsewhere described, used or to be used for the production of products or services, from which a
majority of revenues generated by activity at the facility are derived from outside Tarrant County.
(m) "Regional Distribution Center Facility" means buildings and structures including fIxed machinery and
equipment. used or to be used primarily to' I'Cceive, store, service or distribute goods or materials owned
by the facility, from which a majority of revenues generated by activity at the facility are derived from
outside Tarrant County.
(n) "Regional Entertainment/Tourism Facility" means buildings and structures, including fIxed machinery
and equipment. used or to be used to provide entertainment and/or tourism related services, from which
a majority of revenues generated by activity at the facility are derived from outside Tarrant County.
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(0) "Regional Retail Facilitv" means buildines and structures including f!Xed machinery and equipment, used
or to be used to provid~ retail services f;om which a majority of revenues generated by activity at the
facility are derived from outside North Richland Hills.
(p) "Regional Service Facility" means buildings and structures, including f!Xed machinery and equipment,
used or to be used to provide a service. from which a majority of revenues generated by activity at the
facility are derived from outside Tarrant County.
( q) "Reinvestment Zone-Municipality Designated" means any area which lies within the taxing jurisdiction
or extra-territorial jurisdiction of the City of North Richland Hills and has been designated a
reinvestment zone for tax abatement purposes. It is the intent of the North Richland Hills City Council
to provide tax abatement within municipality designated reinvestment zones as long as the municipality
granted tax abatement is in concert with the tax abatement guidelines contained herein.
(r) "Research Facility" means buildings and structures, including fIxed machinery and equipment. used or to
be used primarily for research and experimentation to improve or develop new tangible goods or
materials or to improve or develop (he production processes thereto.
Section 2
ABATEMENT AUTHORIZED
(a) Authorized Facility. A facility may be eligible for abatement if it is a:
Manufacturing Facility,
Research Facility,
Regional Distribution Center Facility,
Regional Service Facility,
Regional Entertainment/Tourism Facility
Regional Retail Facility, or
Other Basic Industry.
(b) Authorized Date. A facility shall be eligible for tax abatement if it has applied for such abatement prior
to the commencement of construction. provided. that such facility meets the criteria granting tax
abatement in reinvestment zones created in the City of North Richland Hills pursuant to the guidelines
and criteria adopt by the City Council.
(c) Creation of New Value. Abatement may only be granted for the additional value of eligible property
improvements made subsequent to and listed in an abatement agreement between the City of North
Richland Hills and the property owner and/or lessee, subject to such limitations as the City Council may
require. .
(d) New and Existing Facilities. Abatement may be granted to new facilities and improvements to existing
facilities for purposes of modernization and expansion.
( e) Eligible Property. Abatement may be extended to the value of buildings, structures, f!Xed machinery and
equipment, site improvements plus that office space and related f!Xed improvements necessary to the
operation and administration of the facility.
(1) Ineligible Property. The following classes of property shall be fully taxable and ineligible for abatement:
Land,
Inventories..
Suppiies..
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Furnishings or other forms of movable personal property,
Vehicles. vessels.. or aircraft.
Deferred maintenance investments,
Residential property,
Property that is associated with any activity that is illegal uder federal. state or local law,
Property owned or used by the State of Texas or its politk _ .õubdivisions.
Property owned by any organization which is owned, operated directed by a political
subdivision of the State of Texas.
(g)
Leased Facilities. If an authorized facility eligible for tax abatement is leased, the agreement shall be
executed with both the lessor and the lessee.
(h)
Value and Term of Abatement. Abatement shall be granted effective with the January 1 valuation date
immediately following the date of execution of the agreement. The value and term of abatement on new
eligible property shall be determined as follows:
The value of the abatement shall be equal to 500 percent of investment by the business in eligible
property described in Section 2( e), above. The City Council. or its designated representative.
shall work with the applicant. prior to the execution of an abatement agreement, to determine the
exact schedule for the abatement.
Under no circumstances shall the value of the abatement eexceed 100 percent of the value of
eligible property in a single year, and the duration of an abatement agreement shall not exceed 10
years or one-half (1/2) the economic life of the eligible property, whichever is less.
(i)
Economic Qualification. In order to be eligible to receive tax abatement the applicant must meet the
following qualifications.
(1) For a new facility (with the exception of a regional retail facility), be reasonably expected to
invest not less than three million dollars ($3,000,000) in the facility (including both eligible and
ineligible property) within three years from the commencement of construction, and be expected
to create employment for not less than 10 persons associated with the production of goods and
services at the authorized facility on a full-time, permanent basis in the City of North Richland
Hills.
(2) For an expanded or modernized facility (excluding regional retail facilities), be reasonably
expected to invest not less than one million five hundred thousand dollars ($1,500,000) in the
facility (including both eligible and ineligible property) within three years from the
commencement of construction, and be expected to create or retain employment for not less than
10 persons associated with the production of goods and services at the authorized facility on a
full-time, permanent basis in the City of North Richland Hills.
(3) For regional retail facilities, be reasonably expected to invest not less than five million
($5,000.000) in the facility (including both eligible and ineligible property) within three years from
the commencement of construction, and be expected to create employment for not less than 10
persons associated with the prodaction of goods and services at the authorized facility on a full-
time, permanent basis in the City oC-North Richland Hills.
(4) Two or more part-time, permanent employees totaling an average of not less than 40 hours per
week may be considered as one full-time, permanent employee.
(5) Companies seeking to qualify for tax abatement on the basis of job retention shall document that
witham the creation of a reinvestment zone and/or tax abatement. the company will either
reduce or cease operations.
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(6) Not be expected to solely and primarily have the effect of transferring employment from one part
of the City of North Richland Hills to another.
U)
Taxability. From the execution of the abatement agreement to the end of the agreement period. taxes
shall be payable as follows:
(1) the value of ineligible property as provided is Section 2(1), above, shall be fully taxable,
(2) the base year value of existing eligible property as determined each year shall be fully taxable, and
(3) the additional value of new eligible property shall be taxable in the manner described in Section
2(h), above.
(k)
Conflict of Interest. Property that is in a reinvestment zone and that is owned or leased by a member of
the governing body or the planning and zoning commission of the City of North Richland Hills shall be
excluded from property tax abatement.
Section 3
APPLICATION
(a)
Any present or potential property owner of taxable property in North Rich1and Hills may request the
creation of a reinvestment zone and tax abatement by filing a written request with the Mayor or his
designated representative.
(b)
The application shall consist of a completed application form accompanied by the following:
(1) A general written description of the proposed use and the general nature and extent of the
modernization, expansion or new improvemen[s to be undertaken.
(2) A descriptive list of the improvements that will be a part of the facility.
(3) A map and property description.
(4) A time schedule for undertaking and completing the planned improvements.
(5) Such financial and other information as deemed appropriate by the City Council for purposes of
evaluating the applica.tion.
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(c)
Upon receipt of a completed application. the Mayor shall notify, in writing, the presiding officer of the
governing body of each affected jurisdiction. Before acting upon the application, the City Council shall
through public hearing, afford the applicant. designated representatives of any affected taxing
jurisdiction, and the general public opportunity to show cause why the abatement should or should not
be granted. Notice of the public hearing shall be clearly identified on a City Council agenda to be posted
in accordance with the Texas Property Redevelopment and Tax _ \.batement Act and the Texas Open
Meetings Act.
(d)
After receipt of an application for creation of a reinvestment zone and application for tax abatement, the
City CounciL or its designee, shall prepare a feasibility study setting out the impact of the proposed
reinvestment zone and tax abatement. The feasibility study shall include, but not be limited to, an
estimate of the economic effect of the creation of the zone and the abatement of taxes and the
cost/benefit to the City and other affected jurisdictions.
(e)
A request for a reinvestment zone for the purpose of tax abatement shall not be granted if the City
Council fmds that the request for abatement was filed after the commencement of construction,
alternation. or installation of improvements related to a proposed expansion, modernization or new
facility authorized as eligible under these guidelines.
(f)
Variance. Request for variance from provisions of these guidelines may be made in written form to the
Mayor, or his designated representative, provided, however, that the term and value of abatement
described in Section 2(h), above, may not be increased. Such request shall include a complete
description of the circumstances explaining why the applicant should be granted a variance. Approval of
a request for variance requires a three-fourths (3/4) vote of the governing body.
Section 4
PUBLIC HEARING
(a)
Should any affected jurisdiction be able to show cause in the public hearing why the grant of abatement
will have a substantial adverse effect on its bonds. tax revenue, service capacity or the provision of
services, that showing shall be reason for the City to deny any designation of the reinvestment zone, the
granting of abatement, or both.
(b)
Neither a reinvestment zone nor an abatement agreement shall be authorized if it is determined that:
(1) there would be a substantial adverse effect on the provision of government services or tax base,
(2) the applicant has insufficient fmancial capacity,
(3) planned or potential use of the property would constitute a hazard to public safety, health or
morals, or
(4) planned or potential uSe of the property violates other codes or laws.
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Section 5
AGREErvlENT
(a) After approval. the City shall formally pass a resolution and execute an agreement with the owner of the
facility and/or lessee, which shall include the following:
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(1) Estimated value to be abated and the base year value,
(2) Percent of value to be abated each year as provided for in Section 2(h), above,
(3) The commencement and termination dates of the abatement,
(4) The proposed use of the facility, nature of the construction, time schedule for construction and
commencement of operations, map, property description, and improvements as listed in the
application under Section 3(b), above,
(5) Contractual obligations in the event of default, violation of terms and conditions, delinquent
taxes, recapture, administration and assignment as provided for in Sections 2(a), 2(g), 2(h), 6, 7
and 8, or other provisions that may be required for uniformity or by state law, and
(6) Amount of investment in, and average number of jobs associated with, the facility during the
abatement period.
(b) Such agreement shall normally be executed within 60 days after the applicant has forwarded all
necessary information and documentation for evaluation of the application to the City.
Section 6
RECAmJRE
(a) In the event that the facility is completed and begins producing goods and/or services, but subsequently
discontinues such production for any reason excepting rue, explosion or other casualty or accident or
natural disaster for a period of one year during the abatement period, then the agreement shall
terminate and so shall the abatement of taxes for the calendar year during which the facility no longer
produces. The taxes otherwise abated for the calendar year shall be paid to the City within sixty (60)
days from the date of termination.
(b) Should the City determine that the company or individual is in default according to the terms and
conditions of the abatement agreement, the City shall notify the company or individual, in writing, at the
address stated in the agreement. and if such non-compliance is not resolved within sixty (60) days from
the date of such notice, then the agreement shall be terminated.
(c) In the event that the company or individual:
(1) Allows its ad valorem taxes owed the City or other affected jurisdiction to become delinquent and
fails to timely and pròperiy follow the legal procedures for their protest and/or contest, or
(2) violates any of the terms and conditions of the abatement agreement and fails to resolve such
violations within sixty (60) days from the date of written notice of such violations,
the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be
recaptured and paid within sixty (60) dayš of the termination.
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Section 7
ADMINISTRATION
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( a) The Chief Appraiser of the County shall. as a normal consequence of his duties, annually determine an
assessment of the real and personal property comprising the reinvestment zone. Each year, the company
or individual receiving abatement shall furnish the assessor with s . information as may be necessary
for the abatement, including the number of new or retained employee ssociated with the facility. Once
the value has been established, the Chief Appraiser shall notify the afi~cted jurisdictions which levy taxes
of the amount of the assessment.
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(b) The agreement shall stipulate that employees and/or designated representatives of the City will have
access to the reinvestment zone during the term of the abatement agreement to inspect the facility to
determine if the company or individual is in compliance with the terms and conditions of the abatement
agreement. All inspections will be made only after notification of not less than twenty four (24) hours
and will only be conducted in such manner as not to unreasonably interfere with the construction and/or
operation of the facility. All inspections will be made with one or more representatives of the company
or individual present and in accordance with the company's safety standards.
(c) Upon completion of construction, the City shall annually evaluate each facility receiving abatement to
ensure compliance with the agreement and report possible violations to the City Council and City
Attorney.
( d) All proprietary information required by the City for purposes of monitoring compliance by a company
with the terms and conditions of an abatement agreement shall be considered confidential.
Section 8
ASSIGNMENT
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(a) Abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility
upon the approval by resolution of the City Council subject to the fmancial capacity of the assignee and
provided that all conditions and obligations in the abatement agreement are guaranteed by the execution
of a new contractual agreement with the City of North Richland Hills.
(b) The expiration date of the new contractual agreement shall not exceed the termination date of the
abatement agreement with the original owner and/or lessee.
( c) No assignment or transfer shall be approved if the parties to the existing agreement, the new owner or
new lessee are liable to the City of North Richland Hills or any affected taxing jurisdiction for
outstanding taxes or other obligations.
( d) Approval of a transferred and assigned agreement shall not be unreasonably withheld.
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Section 9
SEVERABILI1Y AND LIMITATION
In the event that any section. clause, sentence, paragraph or any part of these Guidelines and Criteria shall. foriany reason. be adjudged by any court of competent jurisdiction to be invalid such invalidity shall not affect,
impair, or invalidate the remainder of these Guidelines and Criteria.
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SECTION 10
SUNSET PROVISION
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(a) The "Guidelines and Criteria" are effective upon the date of
their adoption and will remain in force for two years, at which
time all reinvestment zones and tax abatement contracts created
pursuant to its provisions will be reviewed by the City Council
of North Richland Hills to determine whether the goals of the
abatement program have been achieved. Based upon that review,
the "Guidelines and Criteria" may be modified, renewed or
eliminated.
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(b) This policy is mutually exclusive of existing Industrial District
Contracts and owners of real property in areas deserving of
special attention as agreed by the affected jurisdictions.
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(c) Prior to the date for review, as defined above, the "Guidelines
and Criteria" may be modified by a two-thirds vote of the City
Council, as provided for in the Texas Property Redevelopment and
Tax Abatement Act.
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PASSED AND APPROVED THIS
day of
1989.
Mayor
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ATTEST:
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City Secretary
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APPROVED AS TO FORM AND LEGALITY:
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Attorney for the City
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CITY OF
NORTH RICHLAND HILLS
Department:
Public Works
9/11/89
Council Meeting Date:
Agenda Number: GN 89-109
Subject:
Amendment to Ordinance 381 Allowing City
rlU~cipation to Reconstruct ~{i3ting Sc\y~r
Services - Ordinance No. 1627
The Water and Sewer Rules and Regulations adopted by Ordinance 381 specify that the City
will not maintain or reconstruct sewer services which have not been installed according
to City standards (i. e . orangeberg pipe for sewer services). The paragraphs which lead
to this interpretation are attached and underlined.
Ordinance No. 1627 will clarify this interpretation as well as provide a means for City
participation. Ci ty participation 'WOuld be lirni ted to residential custaners suffering
significant financial burden due to lx>ring an. iIrproved City street. In addition, the
Ci ty would need to expediate the purchase of the boring machine currently included in
1989/90 Budget to provide this service.
Recœmendation:
The staff requests the Council to approve Ordinance No. 1627 and authorize a capital
expenditure for a lx>ring ma.chine not to exceed $10,000.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Othe
--X-
, Finance Director
lit)
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City Manager
ent Head Signature
CITY COUNCIL ACTION ITEM
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ORDINANCE NO. 1627
BE IT ORDAINED by the City Council of the City of
North Richland Hills, Texas, that Ordinance Number 381, "Rules,
Regulations, Policies and Procedures for the Ci ty of North Richland
Hills Water and SeŸær System" adopted November 8, 1971, and as
heretofore amended, be and the SaIœ is hereby amended at Section II,
paragraph J-2, to read as follows:
J-2 The City shall maintain and operate only those sanitary
sewers whose title is vested in the Ci ty . Certain sewer
service lines to private property, which are partially located in the
public right-of-way or in a public easement do not belong to the City
because they have not been installed pursuant to Ci ty Rules and
Regulations. If a property owner chooses to replace an existing
residential service sewer which is currently not vested to the City and
the replacement service sewer must cross greater than one-half of an
e..xisting curbed street, then the City will participate by providing all
laoor and equipnent necessary to construct that portion of the service
sewer located within the limits of the paved street. The actual cost
for the materials installed by the Ci ty, shall be paid by the property
owner to the City prior to connecting to the house sewer. All
remaining costs not specifically designated above, shall be the
responsibili ty of the property owner. All property owners desiring
City participation as defined above, shall request the same in writing
and shall allow the City 10 days fran the date of receipt to perfonn
the requested work. Such notification shall be addressed to the
Director of Public Works. This Section applies to only service lines
and not to sewer mains or laterals.
PASSED AND APPROVED this the
day of
, 1989.
Mayor
ATI'EST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
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corner of the lot or designated building tract so as to be
ava.:i.1able for commencing the separate continuation to the
next adjacent lot or building tract.
Provision for continuation to the next adjacent properties
as set forth above shall always be included unless the
"Distrib ution Main" involved must necessarily terminate as
a dead end not subject to extension because of topogra-
phy, street pattern, City boundaries or other fixed
barriers.
Sewer - Service shall be considered to be available for a
customer without extension cost to the customer, when a
"Lateral Sewer" or sewer main suitable for connecting the
customer exists along the street, alley or easement abut-
ting or passing through the lot or designated building
tract such that the "Service Sewer" can be installed and
the "Lateral Sewer" or sewer main continued to the oppo-
site side or corner of the lot or designated building tract
so that to be ava.:i.1able for commencing the separate con-
tinuation to the next adjacent lot or building tract.
Provision for continuation to the next adjacent properties
as set forth above shall always be included unless the
"Lateral Sewer" or sewer main involved must necessarily
terminate as a dead end, not subject to extension because
of topograp hy, street pattern, City boundaries or other
fixed barriers.
No connection shall be made to any sewer belonging to
the City of North RichIand Hills until the proper connect-
ing charges have been paid and the installation must then
be properly inspected by the City's designated Inspector.
"SERVICE SEWER" is defined as that portion of the
connecting sewer located in the road way, street. alley or
easement between the Sewer Main or Lateral Sewer and a
point approximately six feet (6') from the right-ot-way
line or Customer1s property line and shall consist of a
service wye or taEpinK saddle and the required len6th of
service ~ipe. Sewer Service Lines shall be installed by
the City or by Contractors under Contract approved by
the City. Construction shall conform to current speci-
ficatiDns for labor and material as adopted by the City of
N ort h Ric hla n d Hills .
"SEWERAGE SYSTEM" is defined as the entire system of
conduits, life stations, treatmënt facilities and appurte-
nances required in general process of removing sewage.
"SIN GLE C US T 0 MER" shall apply only to an individually
owned single family dwelling unit or to a single commercial
establishment which is not a part of a contiguous spon-
sored development or subdivision, as determined by the
Director of Utílit:ies.
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shall be in an amount not less than one hundred thousand ($100,000.00)
dollars for injuries, to anyone person, and Property Damage Insurance
shall be in an amount of not less than fifty thousand ($50,000.00) dollars
for one accident.
I.
MODIFYING EXISTING WATER OR SEWER FACILITIES TO ACCOMMODATE
NEW DEVELOPMENT, BUILDINGS OF OTHER IMPROVEMENTS.
1. No building of any kind shall be constructed over an existing sanitary
sewer main or lateral, unless and until said sanitary sewer has been
replaced with either cast iron water pipe or extra heavy cast iron soil
pipe, of a type and class specified by the City, subject to the approval
of the City Engineer. This pipe replacement requirement may be waived
by the Engineer, :if in his judgment, its fu1fí11ment would not serve the
best interests of the City.
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2.
Whenever it is necessary to relocate or replace an existing water or
sewer facility to accommodate a use of a tract of land or lot of record
contemplated by the owner and/or developer thereof, such relocation or
replacement shall, at the City's discret:i.on, be accompJished by City
forces or under City supervisiDn by an approved contractor.
3.
The owner or developer shall, without charge to the City, furnish such
easements or rights-af-way on the property as may be required to
accompJish construct:icn of the relocation or replacement.
4.
The cost of such work shall be borne one hundred (100) percent by the
owner or developer of the property, except that should the City elect to
increase the size of the existing water or sewer facíIfty to be replaced or
relocated the City shall pay the difference in the cost of pipe and size
of such existing water or sewer facíIfty and the cost of the pipe of the
size the City desires to have installed in the relocation or replacement
thereof, provided such increase in size is not necessary to provide
capacity at least equivalent to that of the existing water or sewer faciJity
to be replaced or relocated.
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J. OWNERSHIP AND MAINTENANCE.
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Title to all sanitary sewers constructed under this policy, including
service connectiDns, shall be vested in the City. The City retains the
right to invoke the Contractor's Maintenance Bond in the event of
applicable defect.
3.
The City shall maintain and operate only those sanitary sewers whose
t:i.tle is vested in the City.
Title to all water Mains constructed" under this policy, including title to
"Service Connections," shall be vested in the City.
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CITY OF
NORTH RICHLAND HILLS
Economic Development
9/11/89
Department:
Council Meeting Date:
Purchase of Nursery Stock for Iron Horse Golf Course PU 89-18
Agenda Number:
Subject:
There is an opportunity for the City to purchase nursery stock to be utilized on the
grounds of the clubhouse at Iron Horse at a greatly reduced price.
Recreational Services Ltd. has recommended that we purchase $ 1,000 of nursery stock
(trees & shrubs) from the Yerkey Company. Yerkey has gone out of business and these
items are available at approximately 1/3 of normal wholesale price.
In addition to saving money, this would allow us to purchase considerably more
landscaping material than originally planned which would greatly enhance the "drive up"
appearance to Iron Horse.
The possibility of purchasing this was discussed with the Golf Ad Hoc Committee at
their August 21, 1989 meeting and Recreational Services Ltd. was directed to bring a
report to City Staff.
FUNDING SOURCE:
There is $35,000 budgeted for landscaping in the Construction Budget - $19,762 of this
amount remains.
Account Number: 05-70-88-6025
RECOMMENDATION:
It is the recommendation of Recreational Services Ltd. and City Staff that the City
Council authorize the City Manager to make this purchase on an emergency basis.
r
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
l') () ~ '
~~U0(~
Finance Review
Acct. Number
Sufficient Funds Available
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Department Head Signature I ' City anager
CITY COUNCIL ACTION ITEM
t Finance Director
Pa e 1 of
II
I_Public Works
.Department: ~Ñ1.ãr-d of Bid on MisCQllãI1QOus
Overlay Improvements for 1989
CITY OF
NORTH RICHLAND HILLS
Slurr:l Seal
9/11/89
Council Meeting Date:
PW 89-32
Agenda Number:
Subject:
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Bids ,vere received on the CIP recomnenàed project on Þ~ugust 17, 1989.
\vere :
The biðs received
Bidder AmotLTlt Calendar Days E....d TiIœ
1. East Texas Paving $28,328.50 30
2. Young Brothers, Inc. 30,957.00 30
3. Bell Paving 31,891.60 30
A.fter further investigation of the prcxluct, the Staff has dete:r:mined that the ermllsified
slurr¡ seal with a 5% latex additive is a more durable and flexible surface treatment.
We have discussed this matter ,vith the two low bidders and East Texas Paving is not
interested in a change order which requires the latex additive and has requested that it
1Je removed from consideration for the project. This leaves Young Brothers, Inc. as the
low bidder.
Funds Available for the Proposed Prolect:
$39,169.30
Recommendation:
t is reconmended that the City Council award the contract to Young Brothers, Inc.,
contractors for a consideration 'of $30,957.00, to be completed in 30 calendar days.
Finance Review
I Source of Funds:
_ Bonds (GO/Rev.)
Operating Budget
I Other
13 00 21-6150
GO
Acct. Number
SUff~FU9d~:~ble
~. T¡ 10AA-...... -
, Finance Director
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,-;' ., C 'v "'-.j~_
nt Head Signature
CITY COUNCIL ACTION ITEM
City Manager
Pa e 1 of
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City of JX8rth Richland Hills, Texas
September 5, 1989
REF: PWI.,-0167-89
East Texas Paving Co.
P. o. Box 606
Ennis, Texas 75119
214/875-2471
Attention: Mr. JOM Marak
RE: NRH 89-3; MISCELLANIDUS SLUFRY SEAL OVERIAY
STREET IMPROVEMENTS, 1989
Mr. Marak,
As we discussed at our meeting August 25, 1989, the City would like to
lay the emulsified asphalt slurry seal with the latex additive. We
understand your decision on August 26, 1989 in requesting your bid be
reroved fran consideration if the latex is to be added. We therefore
will recarmend the Ci ty Council award the bid to the second 10fll bidder,
Young Brothers, Inc. Contractors with a change order for the 5% latex
additive.
We appreciate your bid and will notify you of any future slurry seal
projects.
~
GWD/ds
p . s. All your references we checked.. were satisfied with your work to
date.
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CITY OF
NORTH RICHLAND HILLS
Department: Publ ic Works
Approval of Change Order No.1 - Miscellaneous
Subject: Slurry Sea lOver 1 ay Street Improvements, 1989
Council Meeting Date: 9/11/89
Agenda Number: PW 89-34
The bid for the subject project was $30,957 by Young Brothers, Inc. Contractors. The
reason for awarding the subject contract to the second low bidder was because the first
low bidder did not want to lay the slurry seal overlay with a l~tex additive. The staff
has determined that the emulsified asphalt slurry seal with a % latex additive is a
more durable and flexible surface than the slurry seal without latex.
The cost for Change Order No.1 is $5,317. With this change order the new contract
amount for the total slurry seal project will be $36,274.00
Recommendation:
It is recommended that the City Council approve Change Order #1 in the amount of
$5,317.00 to Young Brothers, Inc.
~
Finance Review
ead Signature
CITY COUNCIL ACTION ITEM
Acct. Number 11-00-/1-£11 ~n
unds Available
ø~~..,.
IV II/! J'. .,.
I ',J t ~ (/ ,Á/k..f
City Manager
I Finance Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Othe
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Page 1 of 1
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~. . Ii::)"::::'
NPJI 89-3
CHf\NGE ORDER 00. 1 TO TrIE CO!'t~CT t~IOi WAS DATED SepteIT'ber 11, 1989
Betw'een CITY OF Nom RICm.A..~!) HILLS
( CWNER)
( CONTPACTOR)
And YO(JNG BROI'HEFS INC. CON'l'RACIORS
For (Description of Project) IvLI~US SLURRY SF.J\L CNE~Y
STREET IMP~S, 1989
Pursuant -co tne provisions of Section 6 of the C'.,eneral Conditions of the
Contract, this Chanqe Order, M"lan fully exac:uted, shall oonstitute the
authori ty to chanqe the work of the Project as follows:
Add 5\ lat&x additive t.o emulsified slurry seal to increase
durability and flexibility of overlay.
Add the following new items to existing Contract items:
UNIT
NO. DESc:mPTION UNIT PRICE QUANT. Tœ'AL
3. 5% Latex Addi ti ve S.Y. $ 0.13 40,900 $ 5,317.00
to Emulsified Slurry
Seal Ov'erlay
'ICTAL CHANGE ORDER COST.................
EXISTING CONTRACT AMOUNT................
REVISED CONTRACT AMOUNT.................
$ 5,317.00
$30,957.00
$36,274.00
Contract caupletion tiIm sha.l1 not be altered because of this change.
OF CHANGE:
Date: ~.
By:
, 1989
By:
Da te :
I 1989
By:
Da te :
I 1989
:.
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CITY OF
NORTH RICHLAND HILLS
Department:
Pub 1 i c l~orks
9/11/89
Council Meeting Date:
PW 89-35
Agenda Number:
Miscellaneous Drainage Projects/Shauna Drive
and Boca Raton
Based on a recommendation of the CIP Committee, the City Council approved a budget for
the Shauna Drive and Boca Raton Drainage Improvement Project on August 14, 1989. The
staff was directed to negotiate an agreement for engineering services with Albert Halff
and Associates. Negotiations have been successful and an agreed price not to exceed
$12,060 is recommended.
Subject:
Negotiations on the Willowcrest/Wendell/Tourist Project is still ongoing and will be
presented to the Council at a later time.
Recommendation:
It is recommended that the City Council approve the attached contract for engineering
services with Albert Halff and Associates and authorize the Mayor to sign the contract.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
operaQBudget _
Othe _ ~
~~ t(/(;¿-~
Department Head Signature crty Manager
CITY COUNCIL ACTION ITEM
. Finance Director
Pa e 1 of
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AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made and entered into this day of
1989, by and between the CITY OF NORm RICHLAND HTI..LS hereinafter called the
~ or City, acting by and through its
authorized to act and Alberc H. Halff Associates" Inc. ,a
corporation hereinafter called the ENGINEER.
This AGREEMENT is applicable to the furnishing of Basic and Special
Engineering Services by ENGINEER for SHAUNA DRIVE and BOCA FAroN DRIVE
DRAINAGE IMPROVEMENTS
as provided in Section III following. Such improvements are hereinafter
referred to as the "project" which is located in the City of North Richland
Hills, Tarrant County, Texas and identified by number NRH 89-6.
CONTRAcruAL UNDERTAKINGS
SECrION I
EMPIDYMENT OF ENGINEER
The CMNER agrees to employ the ENGINEER and the ENGINEER agrees to furnish
engineering services as stated in Section II following, and for having rendered
such services the CMNER agrees to pay to the ENGINEER canpensation as stated in
Section VI following.
SECrION II
CHARACTER AND EXTENT OF SERVICES
The Basic Engineering Services to be rendered by Engineer are to be
considered distinguishable fran other services and shall be perfonred as
required during the following phases of each project:
A. PRELIMINARY
B. DESIGN
C. CONSTRUcrION
In addition to the Basic Services, other services related to the project
that may be included by specific authorization are identified herein as "D.
SPECIAL SERVICES."
These various services are hereinafter nore fully described as follows:
A. PRELIMINARY PHASE
1. Attend preliminary conference with ~ regarding the project.
2 . Prepare a preliminary engineering study and report on the project
in sufficient detail to indicate clearly the problems involved and
the alternate solutions available to the ~, to include preliminary
layouts, sketches and cost estimates for the project, and to set
forth clearly the ENGINEER'S ..recornnendations.
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3 . Furnish the CMNER all necessary copies of the preliminary report,
including preliminary layouts, sketches and cost estimates. All
reports in excess of 30 copies are to be paid for separately as
provided hereinafter.
4 . Infonn any utility canpanies that may be affected by the project
so they may start planning to avoid conflict.
B.
DESIGN PHASE
1. Establish the scope and advise the CMNER, of any soil, foundation,
or other subsurface investigations or any special surveys or
special testing which, in the opinion of the ENGINEER, may œ
required for the proper execution of the project. Assist the
CMNER in arranging for the conduct of such investigations and
tests. (The perfo:rma.nce of these investigations and tests is
not a part of the ENGINEER'S Basic Services and will not be
included unless specifically authorized in writing under "D. SPECIAL
SERVICES" following.)
2 . Furnish to the CMNER, where required by the circumstances of the
assignment, the engineering data necessary for applications for
routine pennits by local, state, and federal authorities.
3. Perfonn field surveys to collect infonnation on surficial
topographic features, which in the opinion of the ENGINEER,
is required in the design of the project.
4 . Develop the project design canbining the application of sound
engineering principles and econany which shall be manifested
by canpleted Construction Contract Docunents, (Plans,
Specifications, etc.) and assist CMNER with sulrnittal of such
Docmœnts to local, state and federal agencies for approval
as may be applicable.
5. Prepare detailed cost estimates identifiable with the proposals
of authorized construction, which shall include sumnaries of
bid items and quantities on the unit price system of bidding
wherever practical. The ENGINEER shall not be required to
guarantee the accuracy of these estimates.
6 . The :ENGINEER shall secure the approval of the CMNER of final
plans and specifications. Evidence of such approval shall
be the signatures of authorized CMNER officials inscribed
on the plans. All Contract Docmœnts shall canply in all
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respects wi th all applicable local, state and federal laws and wi th
all applicable rules and regulations pranulgated by all local, state
and I"ßtional boards, bureaus and agencies. Approval by the OWNER shall
not constitute or be deemed to be a release of the responsibility and
liability of the ENGINEER, its officers, agents, employees and
suJ:::contractors for the accuracy and canpetency of the services
performed hereunder, including but not limi ted to designs, VlOrking
drawings and specifications or other engineering documents. Such
approval shall not be deeræd to be an assumption of such
responsibility and liability by the ŒJNER for any error, anission,
defect or negligence in the performance of such services, it being
the intent of the parties that approval by the ŒJNER signifies the
OWNER'S approval of only the general design concept of the
improvements to be constructed.
7 . Furnish to the OWNER all necessary copies of approved Construction
Contract DoctJIIents (plans, specifications, notice to bidders,
proposals, etc.). All sets of Construction Contract Documents
in excess of 30 are to be paid for separately as provided
hereinafter.
8 . Provide a set of approved plans and specifications to each concerned
utility canpany with a proposed construction start date.
C.
CONSTRUCTION PHASE
1. Assist the OWNER in the advertiseIœnt of the project for bids.
2 . Assist the ŒJNER in the opening and tabulation of bids for
construction of project and reconmend to the OWNER as to the
proper action on all proposals received.
3 . Assist in the preparation of fonnal Contract Documents and in
coordinating their execution by the respective parties.
4 . Revie\Þl any project Trench Safety Plan subni tted by the Contractor
and provide recœmendation as to the Plan's completeness.
5. Represent the OWNER in the Non-Resident administration of the
project. In this capacity, the ENGINEER shall have the authority
to exercise whatever rights the OWNER may have to disapprove work
and materials that fail to confo:rrn to the Contract Documents
when such failures are brought to the ENGINEER'S attention.
(This function of ENGINEER shall not be constructed as supervision
of the project and does not include on-site activities other than
occasional site visits to observe overall project conditions or
when specifically requested by OWNER to visit on-site for a
particular matter. It particularly does not involve exhaustive
or continuous on-site inspections to check the quality or quantity
of the \\Urk or material; nor does it place any responsibility on
ENGINEER for the techniques qnd sequences of construction or
the safety precautions incident thereto, and he will not be
responsible or liable in any degree for the Contractor's failure
to perfonn the construction work in accordance with the Contract
Documents. )
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6. Consult and advise the OWNER; issue such instructions to the
Contractor as in the judgment of the ENGINEEF. are necessary;
and prepare routine change orders as required.
7 . Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of naterial and equipnent and other data which
the Contractor is required to subni t , only for conformance with
the design concept of the project and canpliance with the information
gi ven by the Contract Documents; and assemble ~vri tten guarantees
which are required by the Contract Documents.
8. Prepare or review nvnthly and final estimates for payments to
Contractors, and furnish to the OWNER any necessary certifications
as to payments to Contractors and Suppliers.
9. Conduct, in cCl11péiny with OWNER, a final inspection of the project
for conformance with the design concept of the project and
canpliance wi th the Contract Docurœnts, and approve in
wri ting final payment to the Contractors.
10. Revise contract drawings, with the assistance of the Resident
Project Representative to reflect available information as to
how the work was constructed. Furnish a set of prints of
these revised drawings to the OWNER in the fonn of reproducible
mylars so noted as "REVISED PER CONSTRUCTION INFORMATION" with a
revision date shown. Also provide a full set of revised drawings to
the OWNER in the fo:rm of 35nm microfi1m on labled aperture cards.
D. SP:OCIAL SERVICES
Various services incidental to the project, but not within the scope of the
Basic Engineering covered by A. B. & C. preceding, which may be perforned or
arranged for separately by OWNER, or may be added to the ENGINEER'S
responsibilities by mutual agreement and written authorization include but are
not necessarily limited to the following:
1. Furnish the services of a Resident Project Representative for
continuous on-the-site observations of construction.
The authori ty and duties of such Resident Project Representatives
are limi ted to examining the material furnished and observing
the YJOrk done, and to reporting their findings to the ENGINEER.
The ENGINEER will use the usual degree of care and prudent
judgment in the selection of canpetent Resident Project
Representatives, and the ENGINEER will use diligence to see
that said Representatives are on the job to perfonn their
required duties. It is agreed, however, that the ENGINEER
does not underwri te , guarantee or insure the work done by
the Contractors, and since it is the Contractor' s responsibility
to perfo:rm the work in accordance with the Contract Documents,
the EN"GINEER is not responsible or liable for the Contractor's
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failure to do so, and so long as the ENGINEER has exercised
the usual degree of care and prudent judgment in selecting
said Resident Representatives and has used diligence to see
that they are on the job to perfonn the work, failure by
any Resident Project Representative or other personnel
engaged in on-the-site observation to discover defects or
deficiencies in the work of the Contractors shall never
relieve the Contractors for liability therefore or subject
the ENGINEER to any liability for any such defect or
deficiencies.
2. Furnish construction layout, and provide other special field surveys
not provided for elsewhere in this AGREEMENT.
3 . Appearances before regulatory agencies.
4. Assistance to the G1NER as an expert witness in any litigation with
third parties, arising from the developnent or construction of the
project.
5 . Special investigations involving detailed consideration of operation,
maintenance and overhead expenses; preparation of rate schedules;
preparation of special reports as required for marketing bonds;
earnings and expense statements; special feasibility studies;
appraisals; valuations; and material audits or inventories required
for certification of force account construction perfonned by the
CMNER.
6. Detailed mill, shop and/or laboratory inspection of materials or
equipnent.
7 . Soil and foundation investigations, including test borings, soil
tests and analyses of test results.
8. Extra travel required of the ENGINEER in connection with the project,
other than trips between ENGINEER'S office and the project.
9 . Additional copies of reports and Contract Documents in excess of 30
as required for the initiation, bidding and administration of the
project.
10. Preparation of applications and supporting documents for government
grants or planning advances for public works projects.
11. Revision of reports and Contract Documents after specific approval
by CMNER.
SOCTION III
At.mIORIZATION OF SERVICES
No professional se:rvices of any nature shall be undertaken by the ENGINEER
under the agreement until he has received written authorization from the CMNER.
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SECTION IV
PERIOD OF SERVICE
This AGREEMENT shall be effecti ve upon execution by the avNER and the
ENGINEER, and shall remain in force until terminated under the provisions
hereinafter provided in Section IX or the work is completed.
SEcrION V
COORDINATION WITH THE OWNER
The El'1GINEER shall hold pericxìic conferences with the ~, or its
representatives, to the end that the project, as perfected, shall have full
benefit of the OWNER'S EXPERIENCE AND KNCMLEDGE OF EXISTING NEEDS AND
FACILITIES, AND BE CONSISTENT WITH ITS CURREr\JT POLICIES AND CONSTRUCI'ION
STANDARDS. To implement this coordination, the avNER shall make available to
the ENGINEER for use in planning the project, all existing plans, ma.ps, field
notes, statistics, canputations and other data in his possession relative to
existing facilities and to the project.
SEcrION VI
THE ENGINEERS' COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER,
the avNER shall pay, and the ENGINEER shall receive the cat1pensation
hereinafter set forth for the PRELIMINARY, DESIGN and CONSTRUCI'ION Phases of
the work and additionally for SPELIAL SERVICES that are in addition to the
Basic Services. All remittances by avNER of such canpensation shall either œ
trailed or delivered to the ENGINEER'S haœ office as identified in the work
authorization.
"Construction Cost" as used herein is defined as the total cost to the
avNER for the execution of the work authorized at one tiIre and handled in each
separate phase of engineering services, excluding fees or other cost for
engineering and legal services, the cost of land, rights-of-way, legal and
administrative expenses; but including the direct cost to the OWNER of all
construction contracts, i terns of construction, including labor, materials and
equipnent required for the canpleted work (including extras) and the total
value at site of project of all labor, materials, and equipnent purchased or
furnished directly by the avNER for the project.
"Salary Cost" used herein is defined as the cost of salaries of engineers,
draftsmen, stenographers, surveyrœn, clerks, laborers, etc., for tiIre directly
chargeable to the project plus social security contributions, unemployrœnt,
excise and payroll taxes, employrœnt cat1pensation insurance, retirement
benefi ts, medical and insurance benefits, sick leave, vacation, and holiday pay
applicable thereto.
A. Compensation for the Basic Engineering Services (PRELIMINARY, DESIGN &
CONSTRUcrION phases) on work covered by any given wri tten authorization shall
be Salary cost tiIres a multiplier of 2.25 and direct non-labor expense at
internal office cost plus a 10 percent. service charge.
Subcontract expense under Basic Engineering Services shall be cat1pensated
at invoice cost plus a 10 percent service charge.
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B. Total payment for the combined BASIC SERVICES as described in Section
II, A., B., & C. shall not exceed $ 12,060 which is the maximum COMBINED BASIC
CHARGE .
The PRELIMINARY phase portion of the Basic Se:rvice shall be no greater
than 10% of the COMBINED BASIC CHARGE; the DESIGN phase portion of the Basic
Service shall be no greater than 75% of the COMBINED BASIC CHARGE; and the
OONSTRUcrION phase portion of the Basic Services shall be no greater than 15%
of the COMBINED BASIC CHARGE.
Payment for the PRELIMINARY phase portion of the Basic Se:rvices shall be
due within 30 days after su1:mission and acceptance by the avNER of the
Preliminary Report, or other applicable sketches, estimates, etc.
Payment for the DESIGN phase portion of the Basic Service shall be due in
monthly installments.
The nonthly installments shall be ma.de upon receipt of an invoice from the
ENGINEER outlining the arrount of hours worked by each p.mployee and the
employee's salary rate along with itemized charges for any subcontract,
reprcx:1uction and survey VJOrk perfo:rmed during the pericx:1 covered by said
invoice.
Payment for the CONsTRucrroN phase of the Basic Se:rvice shall be due in
monthly installments.
C. Canpensation for the services covered by any given written
authorization issued pursuant to Section III nay be fixed by mutual agreement
of ENGINEER and OWNER and supercede other provisions herein when so stated in
said wri tten authorization and endorsed by authorized representatives of both
parties. In the absence of such endorsed statement of mutual agreement to the
contrary, the provisions herein for ccrnpensation shall govern for all services
furnished under this agreement.
D. Compensation for SPECIAL SERVICES not covered by the PRELIMINARY,
DESIGN and OONSTRUCITON phases of Basic Services provided hereinabove shall be
as follows:
For all of ENGINEER'S personnel tine applied to the SpæIAL SERVICES,
"Salary cost" tines a multiplier of 2.25.
For all direct non-labor expense, including mileage, travel, and living
expenses, the charge for these services will be at internal office cost plus a
10 percent service charge.
The OWNER shall canpensate the ENGINEER for furnishing field survey work
as requested for "construction layout" or easanents/right-of-way at the rate of
$ h 7 .. 7? per hour for a three (3) man survey party and $ 86 . 31 per
hour for a four ( 4) man party. The rqtes for survey VJOrk are not subject to
the salary cost-multiplier formula.
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pay¡œnts to the ENGINEER for authorized SPECIAL SERVICES \Alill be due
rronthly, upon presentation of nonthly statements by the ENGINEER for such
services.
Nothing contained in this agreement shall require CMNER to pay for any
VJOrk which is unsatisfactory as reasonably detennined by the Director of Public
Works/Utilities or which is not su1:mitted in compliance with the tenns of this
Contract. CMNER shall not be required to make any pay¡œnts to the ENGINEER
when the ENGINEER is in default under this Contract; nor shall this paragraph
constitute a waiver of any right, at law or in equity, -r,mich CMNER may have if
the Engineer is in default, including the right to bring legal action for
damages or for specific perfonnance of this Contract.
SECTION VII
CMNERSHIP OF JX)C(JMENTS
All infonnation and other data given to, prepared, or assembled by
Er\IGINEER under this Contract, and other related items shall becane the sole
property of CMNER and shall be delivered to CMNER, without restriction on
future use. ENGINEER may make copies of any and all documents and items for
its files. A set of mylar reproducible plans shall be filed with the CMNER
prior to final pay¡œnt. ENGINEER shall have no liabili ty for changes made to
or use of the drawings, specifications, and other documents by anyone
subsequent to the completion of the Project.
CMNER shall require that any such change or other use shall be sealed by
the ENGINEER making that change or use and shall be appropriately IIErked to
reflect what was changed or modified.
SECTION IX
TERMINATION
Ei ther party to this AGREEMENT may tenninate the AGREEMENT by gi ving to other 7
days notice in writing. Upon delivery of such notice by the CMNER to the
ENGINEER, the ENGINEER shall discontinue all services in connection with the
perfornance of this AGREEMENT and shall proceed to cancel promptly all existing
orders and contracts insofar as such orders or contracts are chargeable to this
AGREEMENT . As soon as practicable after receipt of notice of tennination, the
EI\1GINEER shall su1:mit a staterœnt, showing in detail the services perfonœd
under this AGREEMENT to the date of tennination. The CMNER shall then pay the
ENGINEER promptly that proportion of the prescribed charges which the services
actually perfonœd under this AGREEMENT bear to the total services called for
under this AGREEMENT less such pay¡œnts on account of the charges as have been
previously made. Copies of all completed or partially completed designs, plans
and specifications prepared. under this AGREEMENT shall be delivered to the
CMNER when and if this AGREEMENT IS TERMINATED. Should City subsequently
contract with a new consultant for continuation of services on the Project,
ENGINEER shall cooperate in providing inforrna.tion.
The ENGINEER, during the construction of said project and for a ten (I)
year period thereafter, as prescribed by Article 5536a of the Revised Civil
Statutes of Texas, shall indemnify and hold hannless and defend the CMNER, its
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officers, agents and/or employees fram any loss, damages, liability or expense
on account of damage to property and/or injuries (including death) to any
person or persons, including officers, employees or agents of the ENGINEER,
which are proxima.tely caused by any negligent error, œri.ssion, defect, or
deficiency in the performance of the ENGINEER'S professional services or in the
preparation of designs, YJOrking drawings, specifications or other engineering
docmœnts incorporated into any improvements constructed in accordance
herewith. The ENGINEER shall defend at its own ~~nse any suit or other
proceedings brought against the OWNER or its officers, agents or employees on
account thereof and shall pay all expenses and satisfy all judgments which may
be incurred by or rendered against the OWNER or its officers, agents or
employees in connection herewith; providing and except, however, that this
indemni ty provision shall not be construed as requiring the ENGINEER to
indemnify or hold hannless the CMNER, its officers, agents, or employees fran
loss, damages, liability or expense on account of defects or deficiencies in
design criteria and information furnished to the ENGINEER by the OWNER and
which the ENGINEER could not discover by the exercise of reasonable diligence,
or deviations by the contractor in construction fran ENGINEER'S designs,
working drawings, specifications or other engineering docurœnts, except such
deviations as might occur wi th the approval of the ENGINEER or during the
performance of services over which the ENGINEER has supervision.
SECI'ION XI
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his successors, executors,
administrators and assigns to any other party of this AGREEMENT and to the
successors, executors, administrators and assigns of such other party, in
respect to all covenants of this AGREEMENT. Except as above, nei ther the CMNER
nor the ENGINEER shall assign, sublet or transfer his interest in this
AGREEMENT without the wri tten consent of the other. Nothing herein shall be
consti tuted as creating any personal liabili ty on the part of any officer or
agent of any public body which may be a party thereto.
SECI'ION XII
VENUE
Venue of any sui t or cause of action under this contract shall lie in
Tarrant County, Texas.
SECI'ION XIII
SPOCIAL CONDITIONS
A. AMENDMENTS
This AGREEMENT may be amended or supplemented only by
written instrument and only as approved by resolution of City Council
or the City Manager, except as identified in Section IX, TERMINATION
and for minor changes which do not change the scope and intent of
the original agreenent. Minor changes shall be approved by the
Director of Public Works/UtiLities.
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B. LEGAL CDNSTRUcrION
In case anyone or rrore of the provisions contained in this AGREEMENT
shall for any reason be held to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provisions thereof; and this AGREEMENT shall be
considered as if such invalid, illegal, or unenforceable provision
had never been contained in this Contract.
C. PUBLISHED MATERIAL
ENGINEER ëtgrees that the CMNER shall review and approve any written
material about CMNER projects and/or activities prior to being
published by the ENGINEER.
D. COMPLETION SCHEDULE
The services furnished by the ENGINEER under this AGREEMENT will œ
canpleted in accordance with the following:
For the purposes of this AGREEMENT, a month is defined as thirty (30)
calendar days and a week as seven (7) calendar days. If any of the
following suhnissions fall on a CMNER non-\4JOrking day, then the
suhnission shall be due the following CMNER working day.
Preliminary Study and Report to be delivered to the CMNER for review
within three (3) weeks of the date "Notice to Proceed" is received.
Construction Plans and Right-of-Way Docurrents to be delivered to
the ~ for review within five (5)' weeks of the date of CMNER
review and approval of the Preliminary Study and Report. Contract
Docmœnts to be delivered to the CMNER on or before a date
one (1) week following the City review and approval of the
Construction Plans.
E. NOrICES
All notices, cœmunications, and reports required or pennitted under
this Contract shall be personally delivered or mailed to the
respective parties by depositing the same in the United States ~.ail
at the address shown below unless and until either party is othe1:WÍse
notified in writing by the other party at the following addresses.
Mailed notices shall be deemed carmunicated after five (5) days.
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If intended for NRH, to:
If intended for Engineer, to:
Gregory W. Dickens
Contact Person
Troy Lynn Lovell
Contact Person
Director of Public WOrks/Utilities
Title
Vice President
Title
Ci t~T of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX 76180
817/281-0041
Albert H. Halff Associates, Inc.
Finn Name
4000 Fossil Creek Blvd.
Address
Fort Worth, Texas 76137
City, State, Zip Code
817-847-1422
Telephone
F . INDEPENDENT CONTRACIDR
In performing services under this AGREEMENT, ENGINEER is performing
services of the type perfonœd prior to this AGREEMENT; and ENGINEER
by the execution of this AGREEMENI' does not change the independent
status of the ENGINEER. No tenn, or provision hereof, or act of
ENGINEER in the perfo:rmance of this AGREEMENT shall be construed as
making ENGINEER the agent, servant, or employee of the avNER.
G. PROFESSIONAL LIABILITY INSURANCE
Prior to the tiIœ ENGINEER is enti tIed to cœmence any part of the
services under this AGREEMENT, ENGINEER shall procure, pay for, and
maintain professional liability insurance written by canpanies
licensed in the State of Texas or Iœeting surplus lines requirements
of Texas law and acceptable to the OWNER. Thè insurance shall be
evidenced by delivery to OWNER of a certified copy of each policy,
including all endorsements. The insurance requirements shall remain
in effect throughout the tenn of this AGREEMENT.
The professional liabili ty insurance shall be in the minimum amo1.mt
of $250,000.
H. RIGHT OF REVIEW
Engineer agrees that OWNER nay review any and all of the work perfonned
by ENGINEER under this AGREEMENT. avNER is hereby granted the right to
audit, at avNER' S election, all of the consultant I s records and
billings related to the perfo:rmance of this AGREEMENT. ENGINEER
agrees to retain such records for a minimum of three (3) years
follrnving caTIpletion of this l\GREEMENT.
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I . CONFLIcr OF INTEREST
No officer or employee shall have any financial interest, direct or
indirect, in any contract with the City or be financially interested,
directly, in the sale to the City of any land, materials, supplies,
or services, except on behalf of the City as an officer or employee.
Any violation of this section shall constitute malfeasance in office,
and any officer or employee guilty thereof shall thereby forfeit his
office or position with the Ci ty . Any violatic:fl of this section
''lith knowledge, expressed or implied, of the person or corporation
contracting with the City shall render the AGREEMENT involved
voidable by the City Manager or the City Council.
IN WITNESS WHEREDF, the parties hereby have executed this agreement in
triplicate originals on this date, the day of
1989.
CITY OF NORm RICHI.AND HILLS
ENGINEER:
By:
Title
By:
Title:
President
A'ITEST:
Address: 4000 Fossil Creek Blvd.
Fort Worth, Texas
City, State, Zip Code: 76137
Phone:
817-847-1422
City Secretary
APPROVAL RECG1MENDED:
A'ITEST :
FORM AND LEGALITY:
Attorney
Date:
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City of ~orth ~chland Hills
September 7, 1989
Memo to: Mayor and City Council
From: Rodger N. Line City Manager
Subject: Letter from Mr. Bob Gurney Regarding Charitable Solicitations
The attached letter describes the problems which Mr. Gurney wishes to
address to the City Council. I have discussed this with the Attorney for
the City and we have found no way to eliminate the word "solicitation" from
the ordinance regarding charitable solicitations.
Respectfully submitted,
Y-?/11 ß -
vcl)<7 ~
Rodger N. Line
RNL:ph
Attachment
(817) 281-0041
.
7301 N. E. LOOP 820
.
P. O. BOX 18609
.
NORTH RICHLAND HILLS, TEXAS 76180
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ALtgUst I(), 1989
14ItOdY of elders
Richland Congregation
I of Jehovah~s Witnesses
3941 F'archman
Fort Worth, Texas 76180
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City Manager: Roger Line
North Richland Hills
P. o. Ba}~ 18609
North Richland Hills, Texas 76180
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Dear Mr. Line:
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Re:
Preaching activity of Jehovah~s Witnesses and NRH Soliciting
Ordinance
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We would like to thank you far this opportunity to express our feelings
and needs concerning our door-to-door preaching activity in North Richland
Hi 11 5,. T e~{ as .
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First of all the ordinance contains the word "solicitation. II We abject
to that word being included in the form. Essentially our objection is that
_he word "solicitation." whether charitable. religious or commercial,
I characterizes our purpose as being self-serving. That is, it presents us to
observers as persons whose purpose is to advance our private interest and to
separate homeowners from their money far our exclusive benefit. The word
distracts them from seeing our true purpose - service to the community. The
registration scheme also requires that individuals wear an easily readable
identification badge which contains the statement IIreligioLIs solic:it.ation."
We feel that this is an unnecessary burden on our preaching work.
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We can appreciate that there are good motives behind this ordinance
such as a desire to protect the people residing in North Richland Hills from
an increase in crime and a desire to identify strangers in the neighborhood
who might defraud the people or who might be looking for an opportunity to
commit some other offense. There may be a desire to control religious fund
raisers who do not exhibit the courteous and mildmannered qualities that
Jehovah~s Witnesses are known for, Dr those whose primary purpose is to
solicit contributions from citizens.
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We recognize the community needs for security maintenance and we desire
to cooperate. We are simply requesting that no unnecessary burdens be
imposed upon our preaching work. Each member of congregation carries with
him an identification card issued by the congregation. Any member of the
congregation would be happy ~Q show this card to the police if there is any
question about our ministry. The ~ distribution of the congregation
I identification cards is strictly controlled and updated yearly. Many of the
~congregation members are not strangers to the community but are residents
~actively working in the community carrying on a ministry in the apostolic
fashion.
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It is our desire, in the same manner that Jesus Christ and his
disciples did when on earth~ to inform all who will listen about the
marvelous truths that are found in Gods Holy Word the Bible. Essentially
our preaching activity is an educational work~ teaching individuals about
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the marvelous hope for the future that is set forth in the Bible. The
I future can be a bright one far all who are willing to submit to Gads Kingdom
~nd its rule. When people make the necessary adjustments in their lives,
according to Gads Word, to benefit from Gads Kingdom they become better
I Fathers, Mothers, Husbands, Wives, Brothers, Sisters, and Children. We
offer to study Gods Word the Bible with others free of charge. Any
literature where a contribution is made or ask for merely covers the
printing and postage of the material. No profit or personal monetary gain
is made by any of Jehovah~s Witnesses.
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It is our desire to continue preaching as Jesus Christ did and without
undue burdens that could hinder our Biblical purpose. If arrangements could
be made that would allow us to continue preaching without the above
mentioned requirements it would be very much appreciated.
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Sincerely~
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Body of elders
Richland Congregation
of Jehovah~s Witnesses
I J~ Ð~
Tomm~llard
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/'!f-/ - -;', ,./
,~/ /:J& !;J:./ - ~
Bob Gurney '-
~-~-
Charles Landon
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