HomeMy WebLinkAboutCC 1987-04-27 AgendasCITY OF NORTH RICHLAND HILLS
PRE -COUNCIL AGENDA
APRIL 27, 1987 - 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
*Executive Session
a. Discuss Land Acquisition
(Suggested Discussion Time -
30 Minutes)
GN 87-32 Presentation of Audited
Financial Statements for F/Y
1985/86 (Agenda Item No. 15)
(Recommended Discussion Time -
10 Minutes)
Park Land Dedication Requirement
- Tied to Platting (Richard
Davis) (Recommended Discussion
Time - 15 Minutes)
Discussion of Voting Precinct
Boundary Changes (Recommended
Discussion Time - 15 Minutes)
GN 87-34 General Fund User Fee Study
(Agenda Item No. 17)
(Recommended Discussion Time -
10 Minutes)
Page-2
NUMBER ITEM ACTION TAKEN
6, GN 87-33 Resolution of Intent to Approve
a New Wastewater Contract with
the City of Fort Worth and
Related Access Fees, Resolution
No. 8-16 (Agenda Item No. 16)
(Recommended Discussion Time - 5
Minutes)
7. PU 87-23 Award Bid to G. Madison Co. for
Library Shelving and Furniture
in the Amount of $94,989 (Agenda
Item No. 23) (Recommended
Discussion Time - 5 Minutes)
Other Items
*Closed due to subject matter as provided by the
Open Meetings Law. If any action is
contemplated, it will be taken in open session.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
APRIL 27, 1987
For the Meeting conducted at the North Richland Hills CityHall Council
Chambers,
7301 Northeast Loop 820, at 7:30 p.m. The below listed items are 1 p aced on the Agenda
for discussion and/or action,
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Rol Call
3. Invocation
4. Minutes of the Regular Meeting April 13, 1987
5. Removal of Items) from the Consent
Agenda
6. Consent Agenda Items) indicated by Asterisk
(89 99 119 129 139 169 17, 189 199 209 219
229 239 & 24)
7. PZ 87-8 Public Hearing and Approval of
Proposed Revision to Zoning
Ordinance No. 1080 Regarding
Accessory Buildings, Ordinance
No. 1449
* 8. PZ 87-10 Consideration for Request of Dr.
Tommy Abbott for Appeal Hearing
on PZ 87-10
Page 2
NUMBER ITEM ACTION TAKEN
* 9. PS 86-38 Request of Richland Hills Church
of Christ and the City of North
Richland Hills for Replat of Lots
1R and 3, Block 25, and Lot 16
Block 20, Snow Heights Addition
(Located on south side of Loop
820 east of Rufe Snow Drive)
10. PS 86-51 Request of Town and Country Food
Stores for Replat of Block 2, Red
Cate Addition (Located on the
northeast corner of Davis
Boulevard and Mockingbird Lane)
*11. PS 87-6 Request of North Richland Hills
Joint Venture for Final Plat of
Lots 1-3, Block 1, Ranger
Crossing Addition (Located on the
east side of Rufe Snow Drive
along the north side of the St.
Louis and Southwestern Railroad)
*12. PS 87-8 Request of COCO Venture for
Replat of Lots 1R and 2, Block
33, College Hills Addition
(Located on the west side of
Davis Boulevard north of Ross
Road)
Page 3
NUMBER ITEM ACTION TAKEN
*13. PS 87-9 Request of Pep Boys to Replat Lot
A, Block 2, Pep Boys/Loop 820
Addition (Located on the north
side of Loop 820 east of Rufe
Snow Drive)
14, SO 87-5 Request of Doughboy Deli & Subs
regarding a Variance to the Sign
Ordinance
15. GN 87-32 Presentation of Audited Financial
Statements for F/Y 1985/86
*16. GN 87-33 Resolution of Intent to Approve a
New Wastewater Contract with the
City of Fort Worth and Related
Access Fees, Resolution No. 87-16
*17. GN 87-34 General Fund User Fee Study
*18. GN 87-35 Ratification of City Manager
Contract Renegotiation
*19. GN 87-36 Authorization to Deposit Funds
with the District Court as
Awarded to Mr. B.R. Seale in a
Condemnation Proceeding - Starnes
Road
*20. PU 87-20 Authorize "Open Spot Market"
purchasing for Gasoline and
Asphalt for a period of one year
Page 4
NUMBER ITEM ACTION TAKEN
*21. PU 87-21 Bid Award to Cherne Industries
for (1) Step Van with Color T.V.
Sewer Inspection System in the
Amount of $71,270
*22. PU 87-22 Extend present contract with
Badger Meter for an additional
year
*23. PU 87-23 Award Bid to G. Madison Co. for
Library Shelving and Furniture in
the Amount of $94,989
*24. PW 87-15 Change Order to T.W. Gilmore and
Calvin Baker a Joint Venture in
the Amount of $26,734 for
Improvements to Auto Pound
25. Citizen Presentation
26. Adjournment
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 - APRIL 13, 1987 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Echols called the meeting to order April 13 1987 at 7.•
30 p.m.
2.
ROLL CALL
Present:
Dan Echols
Mayor
'
Richard Davis
Mayor Pro Tem
Dick Fisher
Councilman
Marie Hinkle
Councilwoman
'
Mack Garvin
Councilman
Virginia Moody
Councilwoman
Harold Newman
Councilman
'
Jim Ramsey
Councilman
Staff:
Rodger N. Line
City Manager
Dennis Horvath
Assistant City Manager
Jeanette Rewis
City Secretary
Rex McEntire
Attorney
Lee Maness
Finance Director
'
Gene Riddle
Public Works Director
John Whitney
Director of Support Services
'
Richard Royston
Dave Petika
Director of Planning
Parks & Recreation Director
Greg Dickens
Assistant Public Works Director
Arlita Hallam
Library Director
Richard Albin
City Engineer
George Tucker
Planning & Zoning Member
'
Members of the Press
3.
'
Councilwoman
INVOCATION
Hinkle gave the
invocation.
'
Councilwoman Hinkle recognized Ms. Caroline Hillier and her group of
students from Watauga Junior High American History Honors Class
present.
that were
'
4.
•
MINUTES OF THE
REGULAR MEETING MARCH 23, 1987
APPROVED
'
Councilwoman Moody moved, seconded
minutes of the March 23, 1987
by Councilman Fisher, to approve the
meeting.
April 13, 1987
' • Page 2
Motion carried 5-0; Councilwoman Hinkle and Councilman Ramsey'
due to absence from the meetingabstaining
.
5.
MINUTES OF THE SPECIAL MEETING APRIL 6, 1987
APPROVED
Councilwoman Hinkle moved, seconded by Mayor Pro Tem Davis
minutes of the April 6 to approve the
p , 1987 meeting.
Motion carried 6-0; Councilwoman Moody abstainin due to absence sence from the
meeting,
Mayor Echols presented outgoing Councilman Newman with a '
• plaque in
appreciation of his service to the City of North Richland Hills f
to 1987. from 1982
6.
GN 87-29 OATH OF OFFICE
Mr. Rex McEntire, Attorney, administered the followin •
g oath of office to
Marie Hinkle, Richard Davis, Dick Fisher and Linda Spurlock.
"OATH OF OFFICE
19 , do solemnly swear(or affirmthat I )
will 1 faithfully execute the duties of the office of a (City
Council
m n/Councilwoman or Mayor) of the City of North Richland Hills,
1is
State
of Texas and d will, to the best of my ability, preserve, protect and
defend the Constitution and laws of
the United States and of this State;
and I furthermore solemnly swear (or affirm that I have n ' • ) of directly
paid, offered, or promised to pay, contributed nor promised -
an money, or v . P d to contribute
y y, valuable thing, or promised any public office or for the employment
as a reward giving i n withholding
9 9 or thholding a vote at the election at which
I was elected. So help me God."
The Council members expressed their pleasure to have • had the opportunity
to have worked with Councilman Newman.
Ms. Spurlock stated she was glad to be here and h •
hoped she could fill the
chair vacated by Mr. Newman.
7.
GN 87-30 ELECTION OF MAYOR PRO TEM
Mayor Pro Tem Davis stated he would like to let the Council
ouncil know how much
he enjoyed serving as Mayor Pro Tem for the last three
years. Mayor Pro
Tem Davis stated he had lear
ned a lot from the Position, Mayor Pro Tem
Davis stated he had also learned how much he depended
en p on the Counc it and
the Council depended ded on him.
Apri 1 13, 1987
Page 3
Mayor Pro Tem Davis moved, seconded by Councilwoman Hinkle
to elect
Councilman Dick Fisher as Mayor Pro Tem by acclamation.
Councilman Fisher thanked the Council for their vote of confidence.
Councilman Fisher stated he appreciated the fact that Mayor Pro Tem Davis
nominated him.
' Motion carried 6-0.
8.
' REMOVAL OF ITEMS) FROM THE CONSENT AGENDA
None
9,
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(229 239 249 259 269 279 289 & 29))
APPROVED
,
9
Councilman Ramsey movedseconded by Mayor Pro Tem Fisher
Consent Agenda. to approve the
Motion carried 7-0.
10,
PRESENTATION OF SESQUICENTENNIAL
FUNDS - COUNCILWOMAN VIRGINIA MOODY
Councilwoman Moody outlined the achievements of the Sesquicentennial
Committee.
Councilwoman Moody stated the Committee ene ra ted rev '
g revenues and donations
fora total of
$145,622, had expenditures of $1329872,leavinof $12,750.g a balance
Councilwoman Moody presented Patty Fisher Director of '
Center with � the Senior Citizens
$39187.50, Dave Petika, Director of Parks and Recreation '
on with
$3,187.50 and Arl i to Hallam, Li bra-r Director,
y o with $6,375.00.
Ms. Hallam thanked the committee members.
11.
PZ 87-3 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF STANLEY M. PESKIND AND
LAWRENCE R. BURK TO REZONE TRACT
1A AND 18, R.P. BARTON SURVEY,
ABSTRACT 175, AND TRACT 1A AND 1B2
J.M. VANDUSEN SURVEY, ABSTRACT 1588
FROM R-7-MF (MULTI -FAMILY) TO C-2 (COMMERCIAL
(LOCATED NORTH OF LOOP 820 AND WEST OF
RUFF SNOW DRIVE IMMEDIATELY SOUTH AND
WEST OF THE OUTLET MALL)
POSTPONED
April 13, 1987
' Page 4
Mayor Echols stated that the applicants requested that this item be
postponed.
' - 12.
ORDINANCE N0. 1450
POSTPONED
' 13.
PZ 87-4 PLANNING & ZONING - PUBLIC HEARING
REQUEST OF B. H. & L. JOINT VENTURE TO
' REZONE PART OF TRACFROMT 2 AND 2A1, J.C. (LOATEBRADFORD ESTSURVEY,
ABSTATSIE
OF SMITHFIELDCROAD�BETWEENGWI�SON2LANDCANDDSHADYAGROVEDROAD)
Mayor Echols opened the Public Hearin and called for a '
speak i n favor g anyone wishing to
p or of this request to please come forward.
Mr. Doug Long, co-owner, appeared before the Council.
Mr. Long stated he had previously requested R-4-SD zoning'
b the Planning which was denied
y g and Zoning Commission. Mr. Long stated the were now
9
requesting R-2 zoning.
y
Mr. Long showed the Council an overall plan for the propert
y.
Mayor Echols called for anyone wishing to speak i n o •
request t to 1 p opposition t � on to this
s
q please come forward.
There being no one else wishing to speak Mayor Echols cl
osed osed the Public
Hearing, y
14,
ORDINANCE NO. 1451
APPROVED
Councilman Ramsey moved, seconded by Councilman Garvin
Ordinance No. 1451.
to approve
Motion carried 7-0.
15.
PZ 87-5 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF OAK HILLS JOINT VENTURE TO REZONE
PART OF TRACT 1B AND 2A, D. MOSES SURVEY,
ABSTRACT 1150 FROM AG TO R-3 (LOCATED ON
NORTH SIDE OF THE ST. LOUIS AND SOUTHWESTERN
RAILROAD EAST OF EDEN ROAD)
Mayor Echols opened the Public Hearing and called for an '
anyone wishing to
speak in favor of this request to please come forward.
Mr. Doug Long, co-owner, appeared before the Council.
r
Apri 1 13 , 1987
Page 5
Mr. Long stated they had previously requested R-4-
q SD zoning and there was
some opposition to the request. Mr. Long stated the '
R-3 zoning. Mr. Lona stated they had been in contacty were now requesting
ti ng
with the surrounding
property owners and they d i d not object to this request,
Mayor Echols called for anyone wishing to
speak k in opposition t i on to this
sre request to please come forward. There being no one else wishing to speak Mayor Echols •
y s closed the Public
Hearing.
16.
ORDINANCE NO. 1452
APPROVED
Councilman Garvin moved, seconded by Mayor Pro Te '
y m Fisher, to approve
Ordinance No
1452.
Motion carried 7-0.
17,
PZ 87-6 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF CHARLES SCHREINER NELSON TO REZONE
PART OF TRACT IA AND 2, S. RICHARDSON SURVEY
ABSTRACT 1266 FROM AG AND R-2 TO R-8 (LOCATED
ON SOUTH SIDE OF WILSON LANE WEST OF SMITHFIELD ROAD)
Mayor Echols called for anyone wishing •
y to speak 9 p kin favor of
to please come forward.this request
Mr. Wes Shaver, representing the owners appeared • pp before the Council.
r. Shaver stated they had been working this s project
on p ,] ct six to seven
months. Mr. Shav
er stated they had numerous meetings with the homeowners
and the Planning and Zoning Commission. Mr. Shaver
had been resented stated this request
p to the Homeowners Association and they did not have an
objections. Mr. Shaver stated he would like to re quest that the Council
P
hear PZ 87-6 and PZ 87-7 together.
Mayor Echols stated that with the permission i on of
_ _ p the Council they would
hear PZ 8 7 6 and PZ 87 7 together.
Mr. Shaver presented to the Council an exhibit
of PZ 87-6 and PZ 87-7,
Mr. Shaver stated the R-8 zoningwould be next •
and the to to the commercial property
is would be 6,000 square feet with a minimum of 1,500
foot houses. Mr. Shaver stated that the R-3 z square
zoning would have 7,500
square foot lots with a minimum of 1,600 square foot houses.
asked for rebuttal time if necessary,Mr. • Shaver
Mayor Echols asked if the area alongthe creek ch
a ark area. annel would be useable as
p
Mr. Shaver stated they planned to put shrubs and
trees in the area and it
April 13, 1987
Page 6
could be used as a park area. Mr. Shaver stated he would like to
Homeowners add that
the Green Valley eowners had been very cooperative and he would like to
praise their efforts.
Mr. Jack Frisque, 8025 Valley Drive, representing
Association a Green Valley Homeowners
appeared before the Council
Mr. Frisque asked the Council to support this request* Mr. Fr'
q isque stated
the Homeowners Ass
ociation had many meetings with this developer and the
developer had tried to accommodate the qualityof life the homeowners meowners
wanted for the area
. Mr. Frisque stated the Homeowners Association took a
vote on the request and it was a 94 percent vote of approval for both
proposals, pp h
Mayor Echols called for anyone wishing to speak in opposition to this
' request to please come forward.
Mayor Echols advised there was a petition and the petition would be
' considered, but it was not a legal petition and therefore did not require
a three -fourths majority vote of the Council.
There being no one else wishing to speak Mayor Echols closed the Public
Hearing.
18.
ORDINANCE N0, 1453
APPROVED
' Councilman Ramsey moved to deny Ordinance No. 1453.
Motion to deny died for the lack of a second.
' Councilwoman Moody moved, seconded by Councilwoman Hinkle, to approve
Ordinance No. 1453 with the stipulation of 19500 square foot houses and
69000 square foot lots.
' Councilman Davis asked if they would have to stay with the elevations
shown on the exhibit.
Mr. Royston replied yes.
Mayor Pro Tem Fisher asked what the price range of the homes were.
' Mr. Shaver replied $90 000 to $1109000.
Councilman Davis called for the question.
Councilwoman Moody moved, seconded by Councilwoman Hinkle to
motion to state 1 500 s � amend the
quare foot houses, 6,000 square foot lots and deed
restricted at the time of platting.
Motion carried 6-1; Councilwomen Hinkle, Mood S urlock
y' p � Mayor Pro Tem
Fisher, Councilmen Davis
and Garvin voting for; and Councilman Ramsey
voting against.
April 13, 1987
' Page 7
•
19.
PZ 87-7 PLANNING & ZONING - PUBLIC HEARING -
REQUEST OF CHARLES SCHREINER NELSON TO REZONE
PART OF TRACT IA, S. RICHARDSON SURVEY, ABSTRACT 1266
FROM R-2 TO R-3 (LOCATED ON SOUTH SIDE OF WILSON LANE E
WEST OF SMITHFIELD ROAD)
Heard in conjunction with PZ 87-6 .
20.
ORDINANCE NO. 1454
DENIED
Councilman
Ramsey moved, seconded b Council •
No. 145 y man Davis, to deny Ordnance
4.
Motion carried 5-2; Councilwomen Spurlock-, Hinkle an ' d Councilmen Ramsey,
Davis, and Garvin voting for; and Councilwoman Moody Mayor
and Pro Tem
Fisher voting against.
21.
SO 87-4 REQUEST OF NORTH HILLS MERCURY LINCOLN
FOR APPROVAL OF MESSAGE CENTER SIGN
APPROVED
Councilman Davis moved, seconded by Councilman Ramsey
�, to approve SO 87-4.
Motion carried 7-0.
*22.
GN 87-23 REGULATING SMOKING IN PUBLIC PLACES
ORDINANCE NO. 1445
APPROVED
*23.
GN 87-31 REVENUE BOND ADVANCE REFUNDING
FOR TRINITY RIVER AUTHORITY
APPROVED
*24.
PU 87-17 BID AWARD TO GRAFF CHEVROLET
FOR (1) 3/4 TON PICK-UP TRUCK IN THE AMOUNT OF $119508
APPROVED
April 13, 1987
Page 8
*25.
' PU 87-18 BID AWARD TO MOTOROLA COMMUNICATIONS
AND ELECTRONICS, INC. FOR (10) HAND HELD
POLICE RADIOS IN THE AMOUNT OF $16s530
APPROVED
IF
*26.
PU 87-19 REQUEST TO APPROVE PAYMENT OF INSURANCE PREMIUM
ON PUBLIC LIBRARY/COMMUNITY CENTER AND CANCELLATION OF
THE POLICY EFFECTIVE JUNE 239 1987
APPROVED
*27.
PW 87-12 APPROVAL OF CONTRACT WITH KNOWLTON9 ENGLISH
FLOWERS FOR ENGINEERING AND APPROVAL OF INSTALLING
TRAFFIC SIGNALS AT FIVE INTERSECTIONS IN THE CITY
AND TWENTY FLASHING SCHOOL CROSSING SIGNALS
APPROVED
*28 .
PW 87-13 AUTHORIZE A CHANGE ORDER FOR PAVING
OF PUBLIC WORKS CENTER IN THE AMOUNT OF $999168
TO CALVIN BAKER AND T.W. GILMORE A JOINT VENTURE
APPROVED
*29
PW 87-14 ESTABLISHMENT OF 1987-88 CAPITAL
IMPROVEMENT PROGRAM AND AUTHORIZATION TO
SELL GENERAL OBLIGATION BONDS IN THE
AMOUNT OF $890009000
APPROVED
30,
CITIZEN PRESENTATION
Mr. Jack Fri sque, Green Va l l e�y Homeowners Assoc i a
Council, tion, appeared before the
Mr. Fri sque thanked the Council for their Position t i on •
nights concerningthis p tonight and previous
s tract of property. Mr. Fri sque stated he was
grateful that there were those who were better informed
s i t in a position ti can to than he was and
p look after the citizens ti zens of North Richland Hills,
April 13, 1987
Page 9
31.
' ADJOURNMENT
Councilman Davis moved, seconded by Councilwoman Hinkle, to adjourn the
meeting.
Motion carried 7-0.
Mayor
' ATTEST:
City Secretary
CITY OF
NORTH RICHLAND HILLS
Department:
Planning and Development Council Meeting Date: 4/27/87
Subject: Public Hearing on and Approval of Proposed Revision to PZ
87-8
Zoning r inance egar ng ccessory u n Agenda Number:
Ordinance No. 1449
Over the past several months the Staff has had occasion to deal with sev
eral property
owners in residential neighborhoods regarding the location and construction f o accessory
storage buildings. In some of these cases there was obvious confusion as to
what
constituted a portable accessory building, what was classified as a permanent
building and how the various controls, and requirements, P t accessory
y q ts, brick construction,
foundations, lack of foundations and etc. were to be applied. To deal
r PP 1 with these
confusions the Staff drafted a
proposed Zoning Ordinance revision to include a specific
definition for both permanent and portable accessorybuildings and t •
construction criteria for each type. g o set the minimum
yp . In addition the requirement is included that all
accessory buildings must be permitted and must submit to a stake -out inspection
verifythat the P on to
proposed location will meet the location criteria of the Ordinance. -
After the City council had held their public hearingthe proposed
on p p revision the Staff
was directed to modify the proposed Ordinance. The intent of the modifications
define the difference in "Portable" an " was to
d "Permanent" Accessory Buildings based upon size,
using 200 square feet as the break line. All buildings larger than 20
would be classified permanent and g g 0 square feet
P would be required to meet the requirements of the
Ordinance regarding brick or masonry exterior finish. In addition the Ordinance
revision would require that all accessory buildings be properly secured either
foundation, skids, or an other approved P y ther on a
y pp oved method.
RECOMMENDATION:
The Planning and Zoning Commission recommended that the proposed revision •
Ordinance regardingthe definition and P P .to the Zoning
administration of accessory buildings be
approved, following the public hearing on this subject.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev. ber
� Sufficient Funds Available
Operating Budget
Other
Finance Director
t
Department ad Signature City
Manager
CITY COUNCIL ACTION ITEM
Page 1 of 1
11
11
I I
UI
I
N
City Of�orth Richland HiI1s,Texas
r
rErioxarmurs
March 31, 1987
T0: Rodger N. Line, City Manager
FROM: Richard Royston - QL--�
Director of Planning and Development
SUBJECT: Proposed Zoning Ordinance Revision regarding Accessory
•
Buildings
As a result of the hearing before the City Council on March 23, 1987
on the proposed change in the ZoningOrdinance
Buildings, we have rewritten regarding Accessory
the definitions of the "Portable
Accessory Building" and "Permanent Accessory"
our understandingof the Building to conform to
City Council's wishes. The approach used was
to establish a base line of 150 square feet in size
All accessory
buildings of 150 square feet or
less are classified as Portable",
whether they are skid -mounted or attached to
s are no a permanent foundation.
These "Portable" buildings t required to meet the masonry or
brick requirements of the Ordinance. All accessory•
square feet are buildings greater
in size than 150 s
q e classified "Permanent" and must be
constructed to meet the masonry or brick requirements
Ordinance, with the one exception q of the
defined in p being a carport configuration as
the Ordinance.
Attached is a revised copy of the 0
proposed rdinance. It is suggested
that this Ordinance
be provided to the City Council for their review
and consideration.
(817) 281.0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76180
Motion carried 4.0.
REMOVAL OF ITEMS) FRO5
M. THE CONSENT
None
r
,.,..March 23, 1987
Page 2
A
v
0
CONSENT AGENDA M(S) INDICA
TED BY ASTERISK
1, 129 14 & 15)
APPROVED
Councilman G �n moved, seconded b
Consent nd a. Y Councilman Newman, to a rove the
PP
oti on carried 4-0.
'7.
PZ 87-8 PUBLIC HEARING - PROPOSED RE
VISION
TO ZONI
NG ORDINANCE N0. 1080 REGARDING
ACCESSORY BUILDINGS,
ORDINANCE N0, 1449
TABLED
Mayor Pro Tem Davis opened the P '
Public c Hearing and called for anyone
wishing to speak to please come forward. y
There be
Hearing be* no one wishing to speak Mayor Pro Tem Davis
closed the Publ
ic
Councilman Garvin moved, seconded b '
y Councilwoman Moody, to table PZ 87_
8.
Motion carried 4-0.
8.
PS 87-2 REQUEST OF THE FIRST CHURCH
OF CHRIST SCIENTIST FOR REPLAT OF
LOT 11R-19 BLOCK 292 RICHLAND TERRAC
E
ADDITION
(LOCATED ON THE SOUTH SIDE OF
LOOP 820 AT MARILYN LANE)
APPROVED
Councilwoman Moody moved, seconded b / y Counc,�--lman Fisher, to approve PS
87-2 with the stipulation of retaining,.th'e 15 foot PP
..MarilynLane as shown on the ,- of building di ng line ne along
Mari ]y
_ e on gi n.�l� plat. .
Motion carried 4.0.
SO 81-4 REQUEST OF 90
NORTH HILLS LINCOLN
FOR APPROVAL OF MESSAGE CENTER SIGN
WITHDRAWN
Page 2
P & Z Minutes
February 26, 1987
Jim Stevens, part owner of the
property, came forward,
requested
the Commission favora vote for the
zoning request.
Chairma owen called for those
wis ' g to speak in opposition to this
equest to please come forward.
There being no one wishing to speak,
the Chairman closed the Publicp _
Hearing.
PZ - Mr. S
PROVED chwinger made the motion to
approve PZ 87-2. This motion was
seconded by Ms. Flippo and the motion
carried 5-0.
3. PZ 87-8
Proposed revisions to the Zoning
Ordinance #1080 regarding Accessory
y
Chairman Bowen stated this clarifies
and defines accessory buildings, both
portable and stationary.
PZ 87-8
APPROVED
Mr.- Hallfor d made the motion to
approve PZ 87-8. This motion was
seconded by Mr. Wood and the motion
carried 5-0.
ADJOURNMENT
The meeting. adjourned at 7.35 P. M.
Chairman Planning & Zoning Commission
Secretary Planning & Zoning Commission
r
ORDINANCE NO, 1449
BE IT ORDAINED by the City of North Richland
that Ordinance No. 1080 (ZoningOrd' Hills, Texas,
finance), adopted January 9, 1984
and as heretofore amended, be and the
same is hereby amended at the
following section:
a. ALL WORDING IN SUBSECTIONS 4.5.7, 5.5.7 b.5
� •79 7.5.8, 8.5.9,
9.4.12, and 10.4.8
IS TO BE CHANGED TO READ:
"ACCESSORY BUILDINGS: See Section XXIV Subsection 24.7."
b. SUBSECTION 24.7 SHALL BE DELETED IN ITS ENTIRETY AND
CHANGED TO READ:
24.7 ACCESSORY BUILDINGS
24.7 91 DEFINITIONS
ACCESSORY BUILDING is any structure used or intended for a
secondary or supporting
use e to -the main structure, residence
or occupancy.
PORTABLE ACCESSORY BUILDING is an str
ucture ructure that meets the
following criteria: (i) does
not exceed 20
( 0) two hundred
square feet in total area; (ii) does not exceed (10) ten
feet in height measured from grade level to the'
highest
point of the structure.
Such portable building may be skid -mounted and/or � shall be
secured to a foundation
or to the ground by the most
appropriate method.
PERMANENT ACCESSORY BUILDING is any structure which exceeds
(200) hundred
two square feet in total area. S •
Such building
must be placed on a
. permanent
p ent foundation. If the building
does not fall under the definition of '
a carport in
III, then the exterior walls P Section
shall conform to the
masonry
or brick requirements contained in Sections 24.2.1 an d 24.
2. 2 of this Ordinance,
24.7.2 REQUIREMENTS
All accessory buildings are to be permitted through
g the
Building Department.
A site plan
p showing where the
accessory building is to be placed with dimensions shall
accompany the application for permit. Accessory buildings
g
shall only be placed in the rear yards. A portable
P le
accessory buildingmay be
y placed in any rear yard with a
maximum of (2)
two per lot. A permanent accessoryb •
shall not be placed in a minimum required rear building
yard. No
accessory building may be located on an easement. All
Page 2
Ordinance 1449
accessory buildings are subject to Building Line
requirements, City Building Codes and CityOrdinance
accessory buildings are required s. All
g q to have a stake -out
inspection prior to installation to insure compliance •
requirements o P lance with
the Building Line re
q f the Zoning Ordinance.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS S day of
1987.
Chairman Planning & Zoning Commission
Secretary Planning & Zoning Commission
PASSED AND APPROVED THIS dayof
19870
Mayor
ATTEST:
Jeanette Rewis, City Secretary
APPROVED AS TO FORM AND LEGALITY
Attorney
_'4&
CITY OF
NORTH RICHLAND HILLS
ep epartment:
Planning and Development Council Meeting Date: 4/27/87
Subject: Request of Dr. Tommy Abbot for Appeal Hearing on PZ 87-10
Zoning AppiLication FZ 8/-Iu Agenda Number:
4D
On April 9, 1987 the Planning and Zoning Commission heard ZoningA •
request of Dr. TommyAbbot for rezoning Application PZ 87-10, a
ning of Lots 1-21, Block N, Smithfield Addition from
AG Agriculture to I-2 Industrial. The property is located on the •
south side of Main
Street at Amundson Road. The Planning and Zoning Commission denied the application.
The applicants are requesting that the City Council consider their
appeal of that
denial.
RECOMMENDATION:
It is recommended that the City Council authorize the appeal hear
Application PZ 87-10 and schedule thepp hearing of Zoning
Public Hearing on June 8, 1987.
Finance Review
Source of Funds: Ac
Bonds (GO/Rev.) ct. Number
Sufficient Funds Available
Operating Budget
Ot
Finance Director
1'-0(
Depar t Head ignature
tY Manager
CITY COUNCIL ACTION ITEM
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-Dr Tommy Abbott would like'appeal
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f ase p ace this request on your earliest a enda
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y. Hills, Texas 76118 0 (817) 284-'1.363{ �� _ �`: •s.'_� ��� '��� j � �
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CITY OF
NORTH RICHLAND HILLS
I1
Planning and Development 4/27/87
Department: Council Meeting Date:
Subject: Request of Richland Hills Church of Christ and the Agenda Number. . PS 86-38
City o North s or Keplat Of o s
and 3, Block 25 and Lot 16, Block 20, Snow Heights Addition,
This Replat Application is presented for consideration of Lots 1-R and 3, Block 25 and
Lot 16, Block 20, Snow Heights Addition. The property is located on the south side of
Loop 820 east of Rufe Snow Drive. The subject tract is the former Richland Hills Church
of Christ property. The existing building is under renovation for the City Library and
Recreation Center. When the City purchased the buildings the Church retained ownership
of the most easterly portion of the tract which is vacant. The applicants requested and
received C-2 Commercial zoning on the retained property. The purpose for the proposed
plat is to subdivide the property along current ownership lines and to provide the
necessary street dedications to prepare the Church tract for commercial use.
All of the Engineer's comments have been satisfactorily answered with the exception of
the question of the extension of the water and sewer utilities to the proposed lots. In
the Engineer's comments it was noted that the water system must be extended off -site to
the east to connect with the existing system. The applicants have indicated that this
should be a City -funded project. The Staff does not agree with this position. It is
normally the developer who would provide proper facilities for his development. The
fact that the City is a party to the proposed plat does not free the other party to the
plat from developer responsibility.
RECOMMENDATION:
The Planning and Zoning Commission approved the replat of Lots 1R and 3, Block 25, and
Lot 16, Block 20, Snow Heights Addition subject to resolution of Engineer's continents.
With the approval of the plat the City Council should also authorize the Mayor to
execute the dedication of the plat for the City of North Richland Hills,
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
O r
Department ead Sig ture
Finance Review
Acct. Number
Sufficient Funds Available
Finance Director
CiYy Manager
CITY COUNCIL ACTION ITEM
Page 1 of 1
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS,
APRIL 9, 1987 - 7:30 P. M.
CALL TO ORDER The meetingcalled
was to order by t
Chairman, Don Bowen, at 7:30 P.
ROLL CALL PRESENT:
Chairman on Bowen
Secretary John Schwinger
Members Mark Wood
Joe Hallf ord
Alt, er Manny Tricoli
D' . Planning/Dev. Richard Royston
& Z Coordinator Wanda Calvert
ABSENT: Carole Flippo
George Tucker
CONSIDERATION 0 HE MINUTES Mr. Schwinger made the
g motion to
OF MARCH 12 987
approve the minutes as written. This
motion was seconded by Mr. Hallford
and the motion carried 4-1 with Mr.
Wood abstaining since he was not
present at the meeting.
1. PS 86-38
Request of the Richland Hills Church
of Christ and the City of North
Richland Hills for replat of Lots 1R &
3, Block 25, and Lot 16, Block 20,
Snow Heights Addition,
PS 86-38
Mr. Hallford made the motion to
APPROVED
approve PS 86-38 subject to the
engineer's comments. This motion was
seconded by Mr. Tricoli and the motion
carried 5-0.
2. PS 87-5
Request of F. E. Griffin for
preliminary plat of Lots - lock
16, Briarwood Est ection 7.
. PS 87-5
APPROVED
M od made the motion to approve
PS 87-5 with the stipulation that the
houses must have side or rear entry
garages. This motion was seconded by
Mr. Schwinger and the motion carried
5-0.
I·.··.·;·:··;
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1'~::N'fi{/:',Ji.',Plann~ng and Zox:~ng comm~~~ion
: ·{n:'~"·~:~'~:f~f<~\j·.··:··>::C1 ty of North R~chland H~lls
·:~}~i:;'!;i~,:.:.;: 7301 N. E. Loop 820 . .: ' .'
li~4::;,~j;~~':j(j:.::Nort~ Ric::hland Hills, TX 76180 ¡.:
.,,; f:Ff :~ ::~q YJ .', \ . :': . . " ',' !. .' : . ,
/·lH·h"1,r:.~;,. 'i '" , :: · RE: PS 86-38 Replat of Lot 1R
.·~~!.~t;:;L~.~~~f~...:.. ',~ r .,
1i'~,;:!j~!kJ:! r " ; , : Block 25 « Lot 16, Block
'M!,"rj ;,; 1:' ., . ~ '."' Snow Heights Addition
'·~~:~:~jj~i~l!j~~f', ': ,,:r:" . . " '" ,; ,'.
I<;'¡'::t);:.,¡;,: We have received Knowl ton-English-Flowers review letters'
;\;r~·i,;',::¿.'i dated September 10 and September 12, 1987. ,We offer the
' ';;~'!:'~~;'~!:i following comments on the items mentioned in K-E-F review
.':1:~~m,j'~~:::::;R DATED SEPTEMBER 10, 1986' :~:': :',<..,:--.~. '
1/£';1{~\¡;~'¡:;; , 1 Ci ty Function.¡:
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J' .- Consulting EngineerS -. .~ ,"-'...~r ., :~~~"~".~ ,:~..- ,-~.
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. Stembridge & Asso'ciates, Inc.
The existing zoning has been added
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The cities name has ëeen'added to the'begin~-
,ing of the metes and bounds description
:of the- owners. .¡':-~':'~: .~..:
. ... .<
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'4 The utility easement mentioned
to one of the lot corners.
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Item 5 - Existing permanent structures have been shown
. on the plat. -The existing water service has
been shown. The ~xisting sewer service is not
apparent on the ground. '.
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Item '~H6
A developer has not in the past been required
to extend utilties beyond his property lines.
-However, if the city as one of the developers
wishes to extend this 1 ine i t should do so. : .___
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Item 7 - Permits for construction is highway right-of-
way will be obtained prior to beginning con- .
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4028 Daley, Suite 103 · North Richland Hills, Texas 76118 . (817) 284-1363
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Item:.8, -, :¡~~ :~~:~~~t l~~~e';;~i:y i: ~~~e c~~~r:~~p;~t~~~~ :}:!ii',.t):'':¡:;:;.
:If the ci ty wants to install a fire hydrant Fri"
,;, ·;they could do so.
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Item 9 l.~dditionalvalues have
; ::::,·i;l:,"::,f!¡,':,::::.~:,~:.i,::~.'.. :, ' .quested. ,,;., ' :' -, ':,:, j .
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known at this time. , Exact location of water:;;1;;;;;~:;¡~1!iit1:;.,j>t;::;
. '" . "1 ~ ' '.1,., J'> ::--,L.,-~;~n: ¡;.~::t"'~-r,:¡ t~· ~ '.,,'~., !,
I "and sewer services can be determined when/¡¡l~hS¡t:~~¡S;'!;n!;t;;lf~i:~'~;:~:"~J:,;<':';t',,;.:
.. building permits are applied for ..~J:'~ '¡I~';·II,,;:,,: :!:::;"j~i t;'f,i-'¡;"1;;'¡'F~'~~:~0:"': ¡
! , , '" ,¡ '. : i, !: : : Ii. ¡, ':: ',: "j,: ¡:~, ,: I ~; :;:): ~:I n:; ! ',: ;'f>:1 \'!f:i'?:1';~1~f~~~!! ~ J :,,:¡ ;t.·:Ú~~Wi ~;' ,r:! ';: :
Ci ty staff and the' developers have agreed to~;U;:f~@Hf::J';'
maintain the, same R. 0 . W . width for ,this, short,; :.:':HU:;t .'Ht,;i';
Vance Road extension : j) ',;:!.~,;;îi,':;,;,1;+~;:!rj.j;':ij~h'i!';;¡;i;f:1~t;'~: r "
13 The drainage has been discussed with K-E-F and . ',j¡A>,,:f;(:';
. we have determined trom Highway Department , ,;, · c:r;j¡:':,UJ':::¡.
., . i ~ ~. ¡. . ..1~ -'. t' .
plans that the drainage does continue on to ":1';:.:':,1'
the north and east as shown on our' drainage "<~:,11
plans and no new storm drains are required for '.
this replat. ; I ~' I ; :;
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The developer is aware of his responsibility
to comply with all existing codes and or-
~inances,. .1
'J.
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DATED SEPTEMBER 12, 1986
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Item 2
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The concern over the capicity on this line was
because of the surcharging 'of the line in the
'vicinity of Marilyn Street. ,However after
discissing the problem with city maintenance
people it seems that several of the manholes
along the line were in sumps. These manholes
allowed excess infilteration during rains.
These manholes have since been raised and no
problems have occured since.
According to city maps there are only 103
single family residences, one service station
and one of the city's new municipal buildings
presently contributing flow to this line north
of Marilyn. The peak flow in this area is
approximately 0.130 M.G.D. a six inch (6")
line on minimum grads, using an "N" factor of
0.13 will carry 0.280 M.G.D. This new devel-
opment will not contribute any sugnificant
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loads. 'Because of the topography'jt
full that any more developments
·to this line.
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See 'item 2
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See
item 2
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If there are any questions
riot hesitate to call.
regarding
:slncerely,
;-¡STEMBRIDGE & ASSOCIATES,
\ "
';:.'1.-:.
;Delbert
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KNOWL TON-E NGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth- Dallas
September 12, 1986
/;Þ Planning and Zoning CO'mmission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
RE: 3-929, CITY OF NORTH RICHLAND HILLS
SNOW HEIGHTS ADDITION,
L . 1 R & 3 B. 25, L. 16 B. 20 ,
REPLA T ,
PS 86 - 38, GRID MAP 121
In addition to our review comments for the referenced proposed replat by
letter dated September 10, 1986, we are submitting the following additional
comments:
1 The developer's engineer should check the downstream sanitary sewer
system capacity of the existing 6-inch sewer main located along the south
side of the Sinclair Pipeline easement and along the south right-of-way of
I.H. 820. We are concerned that this sewer main will not have sufficient
capacity to handle the existing flows including the proposed flows from
this development site plus discharges from future tie-ins to this sewer
main.
2 The developer's engineer should determine the proposed peak sewer loading
from this development site plus estimates of future peak loads from other
undeveloped sites which may tie into this sewer main, then analyze the
existing sewer pipet,s capacity.
3 If the existing off-site sewer main does not have sufficient capacity for
future loading from this area, then a parallel 6-inch or 8-inch sewer main
may have to be constructed along the south right-of-way of I.H. 820 from
the development site eastward to the existing 8-inch sanitary sewer main
at Cummings Drive East (a distance of about 2,200 feet).
4 An alternative solution would be to construct an interceptor or diversion
sewer main from the Sinclair Pipeline easement southward in Redondo Street
to the existing downstream 8-inch main in Marilyn Lane (a distance of
about 1,200 feet, but possibly under the street pavement).
Please call if you have any questions.
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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Subdivision Review Letter continued
!2M-~ w. ~.
RICHARD W. ALBIN, P.E.
RWA/ra
Enclosures
cc: Mr. Rodger N. Line, City Manager
Mr. Gene Riddle, Director of Public Works
Mr. Don Dietrich, Assistant Director of Public Works
Mr. Richard Royston, Director of Development
.....
September 12, 1986
PS 86 - 38
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\'SNO\~ HEI GHTS ADDITION
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KNOWL TON-ENGLISH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth- Dallas
September 10, 1986
;> Planning and Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
RE: 3-929, CITY OF NORTH RICHLAND HILLS
SNOW HEIGHTS ADDITION,
L. 1R & 3 B. 25, L. 16 B. 20,
REPLAT,
PS 86 - 38, GRID MAP 121
We have reviewed the referenced materials for this subdivision and offer the
following comments:
1 All utility companies should be advised of this proposed replat in
accordance with standard City procedures.
2 The existing zoning for this development area should be noted on the
Plat.
3 The City of North Richland Hills should be added to the beginning of the
metes and bounds description as one of the owners.
4 The 20-foot utility easement shown recorded in Volume 7037, Page 1306,
should be tied to one of the lot corners.
5 The subdivision ordinance requires that all existing permanent structures
be shown on the plat. Also, water and sewer service locations should be
shown or noted on the plat.
6 The 8-inch water line along the north should be looped and connected to
the existing la-inch water line to the east.
7 The owners should obtain permission from the State Highway Department to
construct the 8-inch water line in the right-of-way of Loop 820.
8 We would note that adequate fire hydrant coverage protection has not been
provided for Lot 1R based on the 300 foot radius requirement for
institutional zoning.
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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Subdivision Review Letter continued
SNOW HEIGHTS ADDITION
9 Additional valves are needed on the 8-inch water line. We would
recommend a maximum of 500 feet between valves.
10 Water and sewer services should be shown.
11 The Thoroughfare Master Plan shows Vance Road to be designated as C2U,
with a right-of-way width of 60 feet.
12 The 31-foot egress and ingress easement should be widened to 41 feet to
align with Redondo Street.
13 Based on the drainage area divides shown on Sheet No. B8 of the Drainage
Master Plan, an additional off-site drainage area (MK-l, 1.73 Acres) in _
the I.H. 820 right-of-way drains onto this site through a 24-inch diameter
storm drain which crosses under the access road. This off-site area is
not shown on the drainage map submitted by the developer's engineer.
Also, the storm drain pipe is not shown. We would request that the
developer1s engineer field verify the existence of these additional
drainage features. The Drainage t1aster Plan also proposes to extend this
off-site storm drain across lot 3 southwestward to Redondo street where it
is utlimately extended southward to an existing storm drain system in
Shauna Drive. Provision should be made for construction of this proposed
storm drain system by the City at a future date if you do not wish to
require construction of the off-site storm drain at this time.
14 As a general reminder, the Developer or Owner should be made aware that
he is responsible for all provisions of the Subdivision Ordinance, Zoning
Ordinance, Water and Se~r Policies and Procedures, and all other
applicable City Development Codes unless specific discretionary variances
and exceptions are made and agreed upon by the Planning and Zoning
Commission and City Council, and covered in writing in the City-Developer
Agreement, if this proposed plat is approved. If no such specific
variances are provided then the Developer or Owner remains responsible for
all other Ordinance and Policy requirements as written in the regulatory
codes.
Please call if you have any questions.
w (}Lt~
P.E.
R~/A/ra
Enclosures
cc: Mr. Rodger N. Line, City Manager
Mr. Gene Riddle, Director of Public Works
Mr. Don Dietrich, Assistant Director of Public Works
Mr. Richard Royston, Director of Development
September 10, 1986
PS 86 - 38
PAGE
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CITY OF
NORTH RICHLAND HILLS
I
I Planning and Development
eDePartment:
Subject: Request of Town and Country Food Stores for
I Replat ot Block l, Ked ~ate Add1tion
Reconsideration of this replat application is presented at the applicants'request for
replatting of Lots 1 and 2, Block 2, Red Gate Addition. The applicants had appeared
before the City Council on March 9, 1987 requesting relief from the criteria limiting
the site to one driveway on Davis Boulevard or from their having to provide written
consent from the other property owner regarding the design of the proposed driveway.
The City Council instructed the applicants to make every effort to negotiate a
satisfactory agreement regarding the driveway location and to fulfill the stipulation of
the Planning and Zoning Commission that the agreement be a condition of final plat
approval. The property is located on the northeast corner of Davis Boulevard and
Mockingbird Lane. The purpose for the proposed replat is to subdivide the property for
development. The proposed Tract 1 has been purchased by Town and Country Food Stores
for a convenience store site. The replat delineates the present ownership of the
subject property and allows the applicants to proceed with construction of the
convenience store.
Council Meeting Date:
3/27/87
PS 86-51-
Agenda Number:
In reviewing the proposed plat the Engineer required that the plans reflect the
installation of necessary utility mains along the Davis Boulevard frontage of both
proposed lots. Construction plans have been submitted and a letter of agreement has
been provided from the owner of the larger tract, which is not proposed to be ~eveloped
at this time, indicating his commitment to construct the necessary utility lines as a
part of the initial development of the property.
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In the Staff comments from the Public Works Department it is noted that the total Davis
Boulevard frontage of the subject property is 383 feet which would require that the site
be limited to one driveway opening on Davis Boulevard. The applicants, who own the
smaller lot, have designed their proposed convenience store site such that the permitted
driveway is located totally on their lot. This arrangement is acceptable to the Staff
only if the owner of the remainder of the property is in agreement with this
configuration. Acceptance of the driveway layout as proposed by the applicants would
deny the owner of the larger lot a direct access to his property.
After further discussions with the Staff the applicants asked that the Staff indicate
what the maximum driveway opening could be in the event that an agreement could be
reached with the other property owner. The Staff approved the design of a driveway with
a total width of 60 feet which would be constructed with two 24 foot drives separated
by a 12 foot median for traffic control and direction. However, according to the letter
from Mr. Bill Giese, Real Estate Representative for Town and Country Food Stores, dated
April 20, 1987 they have been unsuccessful in negotiating an agreement with the other
property owner. At this time they are requesting that the City Council reconsider the
same application submitted previously. This application requested that Town and Country
Food Stores be allowed to construct one 45 foot driveway on their property which would
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget
Ot~ ' /J /J - Z'" ' Finance Director
/1fA1~~ ~dA~/ íAf/) ~M- -~~
Departrt,e~;dS¡gnk;æ/ I City Manager
CITY COUNCIL ACTION ITEM
Page 1 of 2
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be for the exclusive use of their project and any consideration for access for the
remainder of the plat not under their ownership be delayed untiL some future date when
that property is proposed to be developed.
The Staff cannot support the request of the applicants to grant a variance which would
provide them an exclusive driveway. The Staff has suggested that the applicant could be
allowed to construct their one-half of the common driveway which was previously
approved. This compromise position was not acceptable to the applicants.
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RECOMMENDATION:
The Planning and Zoning Commission approved the Replat Application on Lots 1 and 2,
Block 2, Red Gate Addition subject to the engineering plans meeting the final comments
of the Public Works Department.
CITY OF NORTH RICHLAND HILLS
Page 2 of 2
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS,
FEBRUARY 26, 1987 - 7:30 P. M.
CALL TO ORDER
ROLL CALL
1. PS 86-51
PS 86-51
APPROVED
2. PZ 87-2
The meeting was called to order
Chairman, Don Bowen, at 7:30 P.
PRESENT:
Chairman
Secretary
Members
on Bowen
John Schwinger
Mark Wood
Joe Hallford
Carole Flippo
Manny Tricoli
Richard Royston
Wanda Calvert
ember
Planning/Dev.
P & Z Coordinator
ABSENT:
George Tucker
Mr. Wood made the motion to approve
the minutes as written. This motion
was seconded by Mr. Schwinger and the
motion carried 2-0 with Chairman
Bowen, Joe Hallford, Carole Flippo,
and Mannie Tricoli abstaining since
they were not present at the meeting.
Request of Town and Country Food
Stores for replat of Lots 1 & 2, Block
2, Red Gate Addition.
Mr. Wood made the motion to approve
PS 86-51 subject to the engineer's
comments. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
Request of COCO Venture to rezone a
portion of Tract 10D, J. H. B ugh
Survey, Abstract 130, fr 1ts present
classification of Single Family to
C-2 Commerc· This property is
locat n the west side of Davis
evard just south of the
Cornerstone Assembly of God Church.
Chairman Bowen opened the Public
Hearing and called for those wishing
to speak in favor of this request to
please come forward.
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City of j\{8rth Richland Hills" Texas
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December 3, 1986
REF: PWL-0073-86
Mr. Paul Crutcher, P.E.
Landgraf, Crutcher & Associates
8585 N. Stemmons Freeway #626-5
Dalla~, Texas 75220
Re: Lots 1-2, Block 2, Red Gate Addition
" """"'
Dear Mr. Crutcher:
Thank you for the opportunity to discuss the platting requirements
for your referenced project on November 26, 1986.
The Subdivision Ordinance requires replats to be treated virtually the
same as the final plat. This essentially means that the tract to be
replatted (Lots 1 and 2, in this case) must show construction of utilities,
dedicated easements and streets for both tracts (Lots 1 and 2).
The plans in this case must provide adequate fire hydrant coverage radius
of 300 feet for both tracts eventhough the current owner or option holder
of Tract 2 is only interested in that particular: tract.
In order to provide driveway access to Tracts 1 and 2 from Davis Blvd.
it is suggested that a single drive approach be shared between Lots 1
and 2 inasmuch as the proximity of both lots to the intersection of
MOckingbird Lane and the relatively short frontage of each lot on
Davis Blvd.
Replats require acknowledgement of all property owners of the replatted
area.
assistant to you.
ds
cc: Richard Royston, Director Planning
Gene Riddle, Director Public Works
(817) 281-0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76118
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City of Xrth Richland Hills, Texas
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February 25, 1987
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REF: PWM-0015-87
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Memo to: Richard Royston
Director Planning
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From: Gene Riddle
Director Public Works
Subject: Lots 1 & 2, Redgate Addition
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In reference to Redgate Addition. Lot 1 & 2. Block 2. I offer
the following comments.
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The owner of Lot 1 should show a 300' radius fire hydrant
coverage for this lot and should submit construction plans and
profiles for the water and sewer lines.
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The owner of Lot 2 should submit plans and profile sheets for
the water and sewer line to serve Lot 2 and show the 300' radius
fire hydrant. Also the owner of Lot 2 should remove the driveway
opening from the plat because both lots (1 & 2) must be served
by one shared driveway opening onto Davis Boulevard.
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Gene Riddle
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(817) 281-0041/7301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76118
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Landgraf, Crutcher and Associates, Inc.
TRANSPORTATION CONSULTANTS · CIVIL ENGINEERS
521 NORTH TEXAS
ODESSA, TEXAS 79761
(91 5) 332-5058
563-1761
8585 NORTH STEMMONS FREEWAY
SUITE 626 S
DALLAS, TEXAS 75247
(214) 263-1766
February 18, 1987
Mr. Richard Royston
City of .N. Richland Hills
Director Planning/Development
P.O. Box 18609
7301 N. E. Loop 820
N. RichlandHills, Texas 76118
RE: Replat of Lot 1 and 2,
Block 2, Red Gate Addition
Dear Mr. Royston,
We herewith request our submittal for replat, Lot 1 and 2, Block 2,
Red Gate Addition, be presented to the Planning and Zoning Committee
and City Council for approval. We have provided city officials with
all the required and requested information. We have obtained approval
of our engineering plans for proposed utility and fire protection.
All property owners of the replat area have been notified, and you
have been provided with their acknowledgement of responsibility.
We feel we have met all requirements for approval of this replat.
We would greatly appreciate consideration of this replat at the
scheduled Planning and Zoning meeting on February 26, 1987.
If has been a pleasure working with you and your staff. Please
call if you have any questions.
Sincerely,
LANDGRAF, CRUTCHER
~~emeYer,
PHK/lm
cc: Keith Fausnacht
Town & Country Food Stores, Inc.
"-CA
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January, 1987
To Whom It May Concern:
I, Nasser S11afipour, the owner of a tract of land described as Lot 1,
Block 2, Red Gate Addition, a 4.6422 acre tract of land out of the
W. W. Wallace Survey, Abstract No. 1606, do hereby agree and consent to
contract and pay for the construction and installation of the water mains
with fire hydrants and sanitary sewer lines as required by the City of
North Richland Hills, Tarrant County, Texas. I do hereby agree to construct
these utility lines at the same time and in conjunction with the installation
of required utilit~es for Lot 2, Block 2, Red Gate Addition. I also do
hereby agree that I understand these utilities are being required by the
City of North Rich1and Hills prior to approval of the platting of Lots 1 & 2,
Block 2, Red Gate Addition. I also agree that I understand the utilities
for Lot 2 will be paid for by the owner of Lot 2, Block 2, Red Gate Addition.
Na:!: tt~
Owner Lot 1, Block 2, Red Gate Addition
/ l'ì /h Î
I Date '
STATE OF TEXAS ) (
COUNTY OF TARRANT ) (
BEFORE ME, the undersigned authority, on this day personally
appeared Nasser Shafipour, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he _
executed the same for the purposes and considerations therein stated.
'1~ day of
Given under my hand.and,seal of office this
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CAROLE BENSON, Notary Public
In and for the State of Texas
My Commission Expires 5/16/90
Notary Public in and for the
State of Texas
. ;
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jese
REALTY INVESTMENT co.
April 20, 1987
POST OFFICE BOX 581
C L 0 V I 5 ~ NEW M E X I C 0" 8 8 I 0 I
Mr. Richard Royston
Public Work/Utilities Dept.
City of North Richland Hills
P.O. Box 18609
North Richland Hills, Texas
-- //'
Re: Town &_Country Food Stores, Inc. request for city approval for driveway
access for Lot 2, Block 2 of the Red Gate Addition located at the Northeast
corner of Davis Blvd. and Mockingbird lane.
Dear Mr. Royston:
As per request by you and the city of North Richland Hills, nunerous
attempts have been made by us to work an agreement with Mr. Nasser
Shaffipour (owner of adjacent tract Lot 1, of Block 2 Red Gate Addition)
to conform with the intended plan of sharing one driveway between Lots 1
and 2 to service both properties. Attac:hed is an agreement drawn by Town
& Country's representing engineer Paul Kruckemeyer and presentee} by me
to Mr. Shaffipour on March 13, 1987 to effect this request so that we may
proceed to obtain a building permit for the construction of our store.
Mr. Shaffipour consulted with his attorney and his daughter on March 23, 1987
and I met with him again Thursday, April 2. At that time he refused to agree
to share a driveway access and emphasized that "we own our property and you
own yours; you put driveways on your property and we will put driveways on
ours".
MEMBER~ INTERNATIONAL CQU NC [L OF SHOPPI NG CENTERS
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REALTY INVESTMENT co.
page 2
.POST OFFICE BOX S81
',ClOVIS"NEW MEXICO,88101
I repeatedly made him aware of the city's requirement for allowing one
access drive for every 500 feet of frontage on Davis Blvd. and repeatedly
made htm aware that only one access drive would be granted.
_/
I feel at this time, that efforts made by me and Mr. Kruckemeyer have been
exhausted and therefore would like to request a decision for a variance to
allow Town & Country Food Stores to construct a driveway on its property
by the city council of North Richland Hills. We are eager to get our store
constructed at this site and look forward to opening our business in your
fine city.
/I
t(h,
William H. Giese Jr.
Real Estate Representative
Town & Country Food Stores, Inc.
MEMBER" INTERNATIONAL COU NC I L OF SHOP PI NG CENTERS
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March 11, 1987
To the City of North Richland Hills:
I, Nasser Shafipour. the owner of a tract of land described as Lot 1.
Block 2, Red Gate Addition. do hereby agree that the driveway shown on
Town & Country's Site Plan dated October. 1986. Revised March, 1987, will
be the only ingress/egress point along Davis Street for the said Lots 1 and
2 of Block 2, Red Gate Addition.
I understand this to be a City of North Richland Hills requirement.
/-'
~/
Nasser Shafipour
Owner Lot 1, Block 2, Red Gate Addition
Date
STATE OF TEXAS
) (
COUNTY OF TARRANT ) (
BEFORE ME. the undersigned authority, on this day personally
appeared Nasser Shafipour. known to me to be the person whose name is
subscribed to the foregoing instrument. and acknowledged to me that he
executed the same for the purposes and considerations therein stated.
Given under my hand and seal of office this
, 19
day of
Notary Public in and for the
State of Texas
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CITY OF
NORTH RICHLAND HILLS
Planning and Development
Department:
- Council Meeting Date:
Request of North Richland Hills Joint Venture for A In N b
Final Plat ot Lots 1 Through j, .tSlock 1, Ranger Cross1n~eÁlrJït~cWt er:
4/27/87
SUbject:
PS 87-6
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This Final Plat Application is presented for consideration of Lots 1-3, Block 1, Ranger
Crossing Addition. The property is located on the east side of Rufe Snow Drive along
the north side of the St. Louis and Southwestern Railroad. The property is currently
zoned 1-2 Industrial. The purpose for the proposed plat is to subdivide the tract for
development. It is Staff's understanding the lots proposed in the final plat will be
utilized for commercial purposes which is permitted under the Industrial Zoning
category.
All of the Staff comments have been answered on the plat. However, the Staff noted to
the Commission that the Preliminary Plat for this subdivision included a tract which had
frontage on Watauga Road. At that time the Staff noted that the dedication of Right of
Way along Watauga Road for the City improvements to the street was shown on the plat.
Since the current plat does not propose to final plat that portion of the applicants
property the issue of that Right of Way is not addressed in this platting. The Staff is
concerned that the issue of the Right of Way not be set aside for the future. The time
schedule for improvement to Watauga Road is currently being extended due to the lack of
progress on the acquisition of the Right of Way.
RECOM11~NDATION:
The Planning and Zoning Commission approved the Final Plat of Lots 1-3, Block 1, Ranger
Crossing Addition. The Commission also recommends that the City Council secure a
specific commitment from the applicant on the dedication of Watauga Road prior to
approval of the Final Plat.
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Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Ot
Finance Review
Acct. Number
Sufficient Funds Available
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I ity Manager
CITY COUNCIL ACTION ITEM
, Finance Director
Page 1 of 1
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Page 2
P & Z Minutes
April 9, 1987
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3. PS 87-6
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PS 87-6
APPROVED
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4. PS 87-7
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PS 87-7
APPROVED
5.
PS 87-8
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PS 87-8
APPROVED
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Request of North Richland Hills Joint
Venture for final plat of Lots 1-3,
Block 1, Ranger Crossing Addition.
Mr. Wood made the motion to approve
PS 87-6 and the P & Z Commission
recommends that the City Council
secure a commitment from the
developer on the Watauga Road
dedication prior to approval of this
final plat. This motion was seconded
by Mr. Hallford and the motion carried
5-0.
//~,
/-
Request of Birdville I.S.D. for
preliminary plat of Richland High
Addition.
Mr. Tricoli made the motion to pprove
PS 87-7. This motion was se nded by
Mr. Hallford and the motio carried
5-0.
Request of Coco Ve
Lots 1R & 2, Blo
Addition.
ure for replat of
33, College Hill
Mr. Tric I made the motion to approve
subject to the engineer's
ts.
Wood stated he would like that
amended to add with the stipulation
that the contracts on Ross Road be
finalized.
Mr. Tricoli amended his motion. This
motion was seconded by Mr. Schwinger
and the motion carried 5-0.
Request of Pep Boys of California,
Inc. for replat of Lot A, Block 2, Pep
Boys/Loop 820 Addition.
Mr. Wood made the motion to approve
PS 87-9. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
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City of Xrth Richland Hills, Tex~s
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April 1, 1987 REF: PWM-0020-87
Memo to: Planning and Zoning Commission
From:
Gregory W. Dickens, P.E.
Assistant Director of Public Works/Utilities
Subject: PS 87-6; RANGER CROSSING,
Lots 1, 2, & 3, Block 1
Final Plans & Plat
The staff has reviewed the referenced material and offers the
the following comments.
1. Developer will be required to pay his pro rata share of
the eXisting 8" sanitary sewer line in Rufe Snow Drive
which fronts this property.
653.82 LF x 0.5 x $11.00/LF = $3,596.01
2. The Developer will need to dedicate additional right-of-
way for Watauga-Smithfield Road future P6D thoroughfare.
The required right-of-way width for P6D is 110 feet. The
additional right-of-way to be dedicated on this tract is
approximately a 35 foot wide strip across the frontage
on Watauga Road. See K-E-F, Inc. preliminary plat review
letter for PS 86-52 dated January 22, 1987, Item No. 10.
3. You may require the Developer to escrow his pro rata
share of the cost for future widening of Rufe Snow Drive
to a P6D thoroughfare. See K-E-F, Inc. preliminary plat
review letter for PS 86-52 dated January 22, 1987, Item
No. 11.
4. As a reminder, the Developer or Owner should be made
aware that upon approval of this plat he is responsible
for all provisions of the Subdivision Ordinance, Zoning
Ordinance, Water and Sewer Policies and Procedures, and
all other applicable City Development Codes unless
(817) 281-0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76118
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PS 87-6 (continued)
4-1-87
Page 2
specific discretionary variances and exceptions are made
and agreed to by the Planning and Zoning Commission &
the City Council, and covered in writing in the
City-Developer Agreement. If no such specific variances
are provided, then the Developer or Owner remains
responsible for all ordinance and policy requirements as
written in the regulatory codes.
Ji!~ ~-~ ~iIk~
Grego~ w. ickens, P.E.
CC: Mr. ROdger N. Line, City Manager
Mr. Richard Royston, Director of Development
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KNOWL rOoN-ENGlISH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
January, 22, 1987
Planning and Zoning Conmission
City of North R;chland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
RE: 3-917, CITY OF NORTH RICHLAND HILLS
RANGER CROSSING,
~.l L.I-ll,B.2 l.1-14,
H.3 L.I-8,B.4,
PRELIMINARY PLAT,
p~ 86 - ~2, GRID MAP 94
We have reviewed the referenced materials for this subdivision and offer the
following comments:
1 Si nce this proposed developnent is adjacent to the II Northl and Shopping .
Center Additon" you may wish to have the developer change the name of thlS
proposed addition from "Ranger Crossing" to the next lot and block of the
"Northland Shopping Center Addition" in keeping with the City's policy of
limiting the proliferation of new subdivision names.
2 The existing zoning for this developnent,area should be noted on the
preliminary and final plats.
3 The metes and bounds description for this proposed developnent should be
provided on the final plat drawing.
4 In accordance with county requirements, property corner monumentation
should be noted on the final plat.
5 The surveyor's name, address, and telephone number is required on the
final plat drawing.
°6 Those proposed water and sanitary sewer lines shown crossing on this plat
shall comply with the Texas Department of Health's requirements concerning
water and sanitary sewer crossings. Details of proposed encasement, etc.,
should be included in the final plans.
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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Subdivision Review Letter continued
RANGER CROSSING
7
The developer should be required to pay his prorata share of the existing
16-inch and 12-inch water lines in Rufe Snow Drive and Watauga-Smithfield
Road respectively. We would estimate a prorata cost of $5.50 per linear
foot for 112 half of an equivalent 8-inch water line for a total length of
1040 feet on Rufe Snow Drive and 1390 feet on Watauga-5mithfield Road.
The developer should also be required to pay his prorata share of the
existing 8-inch sanitary sewer line in Rufe Snow Drive which fronts this
property. We would estimate a prorata cost of $5.50 per linear foot for
1/2 half of an equivalent 8-inch sanitary sewer line for a total length of
1040 feet on Rufe Snow Dr ive.
,.
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9
The Thoroughfare Pl an call s for nO-foot right-of-way width on Rufe Snow ,,-.
Drive for future widening to a P6D section. The existing right-of-way
width in this vicinity is lOO-foot, therefore, at least 5 additional feet
of right-of-way is required if 5 feet can also be obtained from the west
side, otherwise a full 10-feet will be required from the east side. We
would note that the City limits of Watauga are located on the west side of
Rufe Snow in this vicinity, and the close proximity of the existing TESCO
transmission towers to the existing curb on the west side may make future
widening on the west side impossible without relocation of the towers. If
this is the case then all future widening in this vicinity will have to
come fran the east s ide.
10 On the Preliminary Plat, it is unclear where the 60 foot right-of-way
dedication is measured from on Watauga-5mithfi eld Road. To meet the
Thoroughfare Plan's minimun lID-foot right-of-way requirement for this
proposed P6D thoroughfare, the developer shall provide right-of-way
dedication as required to obtain the full lID-foot width. Our study in
connection with the proposed future widen; ng of Watauga Road ind icates
that the existing right-of-way width is 75-feet and that and additional
35-feet of width on the south side of Watauga Road should be dedicated
from the developer as required to obtain the full lID-foot right-9f-way
width. (See Gene Riddle for right-of-way acquisition documents wlth .
drawing and metes and bounds description which was submitted to the City
on January 26, 1986, for Parcel No.2).
11 The developer should be required to escrow his prorata share of future
curb and gutter, paving, and storm drainage improvements on Watauga Road
along the full frontage of this proposed"development site. You may also
require escrow for future widening of Rufe Snow Drive along the
development frontage in accordance with the Thoroughfare Master Plan
future P6D widening.
January 22, 1987
PS 86 - 52
2
PAGE
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Subdivision Review Letter continued
f
RANGER CROSSING
12 As recommended in the Drainage Master Plan and as· provided by the
developer ~the proposed plans show construction of a 72-inch underground
storm drain which will discharge onto the st. Louis Southwestern Railroad
right-of-way at the southeast corner of this proposed plat. This
discharge point is also the southwest corner of the Municipal Complex
site. A note is included on the plans which states that the proposed
72-inch storm drain will be daylighted at the existing railroad ditch
grade. We do not believe this can be accomplished unless considerable
fill is brought in over the proposed pipe since the ditch grade is very
shallow. To make this plan work properly, without bringing in alot of
fill throughout the proposed platted area, the railroad ditch grade should
be lowered about 4 or 5 feet at least, and graded all the way eastward to
the Calloway Branch channel" We would recommend that the developer be =/
required to submit hi s pl ans to the Ra i lroad Company for approval of the
proposed discharge on the railroad right-of-way and for approval of the
downstream grading as necessary to drain the 72-inch pipe to the Calloway
Branch Channel. We would note that the Drainage Master Plan showns that
this railroad right-of-way channel should also be concrete lined and
designed to a IOO-year capacity. We would also note that since a portion
of this downstream railroad right-of-way ditch is adjacent to the City's
Municipal Complex Site, it would be appropriate for the City to
participate in the cost of this downstream channel work on the railroad
right-of-way ditch if approval for such work can be obtained by the
Railroad Company. The portion of the railroad ditch downstream from the
Municipal Complex Site is adjacent to property owned by Louis Engler.
When his property develops he should be required to participate also in
the cost of the railroad right-of-way ditch improvement along his
pro perty.
13 Part of the proposed platted area drains to the southwest corner of the
deve lopnent site at the i ntersectionof Rufe Snow Drive and the st . Louis
Southwestern Railroad. The developer is proposing to construct an
underground 36-inch storm drain and discharge it at this point into the
railroad ditch and into an existing 3'x2.5' box culvert which is located
under the railroad. This culvert drains runoff from the north side of the
railroad to the south side into another railroad right-of-way ditch. This
south ditch is very shallow, like the north side ditch, and overflow fram
this ditch will drain through the Industrial Park Addition. The
Subdivision Ordinance requires that the developer should enlarge (or
parallel) this existing downstream culvert to a IOO-year capacity (if the
existing capacity is less than IOO-year) for a distance of at least
IOO-feet downstream (the width of the railroad right-of-way). This same
requirement was placed on the developers of the Oak Hills Addition where
they were discharging into an existing undersized culvert under the
railroad, as you may recall. We would note that if the railroad company
does not ~pprove enlarging of the existing culvert or paralleling, then
you may wlsh the developer to dedicate a flowage easement at the southwest
January 22, 1987
PS 86 - 52
3
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Subdivision Review Letter continued
RANGER CROSSING
/
corner of _the proposed development site based on the limits of backwater
ponding which -\o,Ould occur at the culvert during a 100-year flood. The
developer'S engineer should be required to submit calculations supported
by field data which establish the downstream culvert's capacity, along
with enlargement and/or paralleling design calculations plus flowage
easement calculations if appropriate.
14 As a general reminder, the Developer or OWner should be made aware that
he is responsible for all provisions of the Subdivision Ordinance, Zoning
Ordinance,. Water and Sewer Policies and Procedures, and all other
applicable City Development Codes unless specific discretionary varia~ces
and exceptions are made and agreed upon by the Planning and ~ning . .'
Conmission and City Council, and covered in writing in the City-Developer----
Agreement, if this proposed pl at is approved. If no such_ specific
variances are provided then the Developer or Owner remains responsible for
all other Ordinance and Policy requirements as written in the regulatory
codes'.
Please call if you have any questions.
. f(f,~
RWA/ra
Enclosures
cc: Mr. .Rodger N. Line, City Manager
Mr. Gene Riddle, Director of Public Works -
Mr. Richard Royston, Director of Developnent .
"
January 22, 1987
PS 86 - 52
PAGE
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CITY OF
NORTH RICHLAND HILLS
Planning and Development
Department:
Council Meeting Date:
4/27/87
SUbject:
Request of COCO Venture for Replat of Lots lR and 2,
H.lock j3, ~ollege tt111 AddJ..t:ion
PS 87-8
Agenda Number:
This Replat Application is presented for consideration of Lots IR and 2, Block 33,
College Hill Addition. The property is located on the west side of Davis Boulevard
north of Ross Road. The purpose for the proposed plat is to subdivide the property for
development. The subject tract is currently zoned C-2 Commercial. The applicants have
a prospective client for the proposed Lot 2.
In reviewing the proposed plat the Staff noted to the Commission several items regarding
the proposed development.
A) Ross Road adjacent to the proposed Lot l-R and the 30 foot extension of Lot 2 is
is an unimproved street. The applicants should be required to construct the
street to minimum subdivision standards from the intersection of College Circle
to the south of the proposed subdivision to provide full access to the drive to
be constructed from Lot 2. In addition, when Lot l-R is developed the
construction of the street should continue along the full frontage of Lot l-R.
In the case of Lot l-R, should the applicant choose, an escrow amount to cover
the cost of the improvements to the street could be provided against the future
construction of the street when the adjacent property on south side of the street
is developed.
The applicants have agreed to these stipulations in their response letter. However,
they have also indicated that they wish the City to participate by establishing a street
assessment project which would allow the City to involve the other adjacent property
owners in the costs of the street improvements.
B) Davis Boulevard is proposed to be improved by the State Department of Highways
and Public Transportation in the near future. As part of that improvement curbs
and gutters will be constructed along the frontage of the subject property. The
construction of the curb and gutter will be assessed against the adjacent
property. The applicant should be required to enter into a covenant of voluntary
assessment for this future construction which will guarantee payment when the
work is accomplished.
The applicants have provided the necessary covenant in their final submittals.
C) Currently the properties to the east of the proposed Lot l-R are not served by
sanitary sewer and there is only one residential grade service to Lot l-R which
was installed in conjunction with the earlier plat. In order to properly serve
the proposed lot and to provide for the future connection of the existing lots a
six inch sanitary sewer main should be constructed along the full frontage of the
proposed Lot l-R
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
.~gier~ting BUd~get - ~ All ~; ,FonanceDirector
. -L- . ~/ ~/~~
- - D'epartm Head Signature City Manager
CITY COUNCIL ACTION ITEM
Page 1 of 2
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The applicants have objected to the requirement for construction of this sewer main.
They contend that the existing service tap which was previously approved is sufficient.
However, the Staff noted that this is the only opportunity for the main to be extended
to the adjacent lots which do not have sewer service.
RECOMMENDATION:
The Planning and Zoning Commission approved the Replat Application for Lots l-R and 2,
Block 33, College Hill Addition subject to the Staff comments and subject to the
contracts on the improvements to Ross Road being finalized.
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CITY OF NORTH RICHLAND HILLS
Page 2 of 2
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Page 2
p & Z Minutes
April 9, 1987
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Request of North ~ichland Hills oint
Venture for final plat of L 1-3,
Block 1, Ranger Crossin dition.
Mr. Wood made the to approve
PS 87-6 and t & Z Commission
recommends at the City Council
secure commitment from the
dev oper on the, Watauga Road
dication prior to approval of this
final plat. This'motion was seconded
by Mr. Hallford and the motion carried
5-0.
_/
Request of Birdville I.S.D. for
preliminary plat of Richland High
Addition.
Mr. Tricoli made the motion to approve
PS 87-7. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
Request of Coco Venture for replat of
Lots lR & 2, Block 33, College Hill
Addition.
Mr. Tricoli made the motion to approve
PS 87-8 subject to the engineer's
comments.
Mr. Wood stated he would like that
amended to add with the stipulation
that the contracts on Ross Road be
finalized.
Mr. Tricoli amended his motion. This
motion was seconded by Mr. Schwinger
and the motion carried 5-0.
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3. PS 87-6
PS 87-6
APPROVED
4. PS 87-7
5. PS 87-8
PS 87-8
APPROVED
6. PS 87-9
PS 87-9
APPROVED
Request of Pep Boys of
Inc. for replat
Boys/L,?op 820
Pep
ood made the motion to approve
PS 87-9. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
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817 336-5773
Metro 429-8306
~.',~.' TEAGUE NALL AND PERKINS
~~ CON S V L TIN G E N GIN E E R S
March 31, 1987
Planning & Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
Re: PS 87-8; College Hill Addition
Lots 1-R & 2, Block 33
Final Plans & Plat --~
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Dear Commission Members:
We are in receipt of the letter from the City's staff of March
24, 1987, relative to the subject subdivision and offer our
comments as follows on behalf of the Owner, Coco Venture:-
1. We have addressed Item Nos. 1, 2, 3, and 7 of your
staff's letter, as requested, and have resubmitted
copies of the plans and plat with these corrections
reflected.
2. We have addressed Item No. 8 of your staff's letter
by placing a sanitary sewer manhole detail on Sheet
No. 6 of the plans. We have also shown the proposed
construction of a sanitary sewer manhole at the end
of Terry Drive where the private service for Lot 2
will connect to the public sewer line. These two
revisions are reflected on the resubmitted copies of
the plans.
3. The Owner is also agreeable to providing 10-foot
wide easements to cover the placement of the two (2)
proposed fire hydrants along the 12-inch water line
on the west side of Lot 2 (Item No. 4 of the staff's
"letter) · However, we would request that the
dedication of these easements be a stipulation
placed upon the approval and issuance of a building
permit in order to coordinate the exact fire hydrant
location and length of the easements with the
proposed site plan.
915 Florence Street
Fort Worth, Texas 76102
.... ...
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Planning & Zoning Commission
City of North Richland Hills
March 31, 1987
Page Two
4. Although we understand the reason for the comment in
Item No. 5 of your staff's letter regarding
extension of the existing 6-inch sanitary sewer line
in Ross Road, we respectfully request your
reconsideration of this comment. Such an extension'
does not benefit Coco Venture, since sewer has
already been extended by them and sewer service
provided during the previous platting of Lot 1,
Block 33 (proposed Lot l-R, Block 33). The subject
sewer extension would, therefore~ strictly benefit
property owners of lots, also previously platted, at
the intersection of Davis Boulevard and Ross Road._/
A""'-'.
In light of the above, Coco Venture would appreciate
very much the opporunity for further discussion with
the Commission and staff regarding this matter.
5. The Owner is agreeable with providing- the
engineering plans for a 31' B-B street for Ross
Road, from College Circle to the north side of
proposed Lot 2, as requested in Item No. 6 of your
staff's letter. We request, however, that this
construction be as an assessment paving project at
the time development begins on Lot 24, in order for
the cost of the engineering and construction to be
shared among the other property owners along this
section of Ross Road.
Additionally, Coco Venture is agreeable with either
escrowing monies or prqviding engineering plans and
constructing, as as assessment paving project, the
remaining portion of Ross Road prior to beginning
construction on Lot 1-R.
6. As suggested in Item No. 9 of the staff's letter,
the Owner is agreeable to entering into a covenant
with the City to pay their share of assessment when
the proposed improvements on Davis Boulevard are
complete.
7. The Owner also agrees to the payment of his share of
the pro-rata charges for the 12-inch water line on
the west side of the property and the 6-inch water
line along Davis Boulevard as identified in Item No.
10 of the staff's letter, prior to beginning
construction on Lot 2.
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Planning & Zoning Commission
City of North Richland Hills
March 31, 1987
Page Three
However, the Owner would like to have the
opportunity to provide evidence that the pro-rata
charge for approximately 369 LF of the 12-inch water
line along the currently platted Lot 1, Block 33 has
previously been paid or the fee waived by the City
of North Richland Hills.
Since the existing water service to Lot l-R appears
to be adequate in size, we do not anticipate the /"
pro-rata charge for the 6-inch water line in Ross _///,:-
Road being required.
Thank you for your cooperation in the consideration of these
final plans and plat. We will be present at your April 9,
1987, Commission meeting to answer any questions you may have
concerning these comments or any other items relating to the
subject plans and plat.
Sincerely,
TEAGUE NALL AND PERKINS, INC.
MAJ/kfs
cc: Mr. Chuck Owen, Coco Venture
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City of J(8rth Richland Hills, Texas
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March 24, 1987
REF: PWL-0017-87
Planning and Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
RE: PS 87-8; COLLEGE HILL ADDITION,
Lots l-R & 2, Block 33,
Pinal Plans & Plat
The staff has reviewed the referenced material and offers the
the fOllowing comments.
1. Dedicate 10' utility easement instead of 5' utility
easement along northly property line (184.94' side) of
Lot l-R on plat.
2. Show 25' bUilding line on Lot 1-R & Lot 2 on their
frontage on Ross Road and Davis Boulevard. respectively
on the plat.
3. Provide phone numbers for owner and engineer on plat.
4. Provide 10' wide easement to cover placement of proposed
fire hydrants on 12" water line on west side of Lot 2 on
plat.
5. Provide engineering plans for and construct extension of
eXisting 6" sanitary sewer northeasterly up Ross Road to
a point even with the most easterly northeast corner of
Lot l-R on sheet 3.
6. Provide engineering plans for and construct a 31" BIB
street for Ross Road from College Circle to the north
side of proposed driveway for Lot 2. Remainder of
frontage on Ross Road shall require escrow at $60.00
per linear foot if street is not constructed at this
time.
7. Show benchmark on sheets 3 and 4.
8. Show cast-in-place sanitary sewer manhole detail on
sheet 6.
9. Escrow appropriate funds for future construction of
Davis Boulevard or enter into a covenant with the City
to pay assesment when proposed improvements to Davis
are complete. Covenant to run with the property.
(817) 281-0041/7301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HILLS, TX 76118
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PS 87-8 (cant.)
3-24-87
Page 2
10. Pay pro rata for the 12" water line on the west, the 6"
water line along Davis Boulevard, and for the 6" water
line along Ross Road (if a larger service than eXisting
will be required).
1-2" (west): 1,027.81' x $5.50/LF =$ 5,652.92
6" (Davis): 481.32' x $5.50/LF =$ 2,647.26
6" (Ross): 599.83' x $5.50/LF =$ 3,299.06 (if
required)
Respectively submitted,
Jt! - ~"~3-AfJ~;&~
Greg.ry W~ Dickens, P.E.
Ass'st ~~ irector of Public Works/Utilities
GWD/gd
cc: Mr. Rodger N. Line, City Manager
Mr. Richard Royston, Director of Development
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Mr. R. S. Williams
.TESCO Region Engr. Supervisor
P.O. Box 970
Fort Worth, TX 76101
RE: City File Reference Number: PS 87-8
College Hill Addition, Block 33, Lots lR & 2,
Address or Location: Davis Blvd. & Ross Road
Attached is a print of the above named subdivision for review of the
proposed layout in terms of the requirements of your office.
Please return your comments to Wanda Calvert. Planning and Zoning
Coordinator, City of North Richland Hills, P.O. Box 18609, North Richland
Hills, Texas, 76118 on one (1) copy of this form no later than 4/1/87.
Layout fully satisfies requirements of this office.
l~ Layout is satisfactory subject to additional information or minor
corrections being shown on attached plat. (See Comments)
Layout requires major revision before proper evaluation can be
made. (See Comments)
COMMENTS: Te~ Co /-1 ~ ~ {Ç X. IS 71 AI. ~
N eGò '-0 R.. G?" A-, N. ç h $ E ,v)G' IV T ~
T;f E A rrA c..l-I e-ìJ ?L /J- J
F ,4 C 7 LIT} E' ~
4<; ~ l-f 0 c-J N
Þ} /" cÒ ....j ILL
I N J2 E V
ð,..¡
TESCO:
~~L"-~7
I p~f-- ;)
SIGNATURE Ít,~. . ~ ~. J E'
DATE:
CITY:
~~O-/ O~
DATE: 3/20/87
SIGNATURE
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CITY OWNER AGREEMENT AND COVENANT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Coco Venture
, hereinafter referred to as "Owner",
and the City of North Richland Hills. Texas. a municipal corporation
operating under a Home Rule Charter. hereinafter referred to as "City".
desire to enter into a contract for payment of pro rata fees for future
street. curb and gutter. and drainage improvements along a segment of
Davis Boulevard
WHEREAS, Coco Venture
, owns that certain tract of land
fronting on Davis Boulevard
J said tract of land being Lot 2
Block 33
College Hill
Addition to the City of North
Richland Hills;
NOW THEREFORE, in consideration of the mutual covenants contained
herein. the parties hereto do hereby agree as follows:
1. City agrees to allow the Ow~er to pay pro rata fees for
future street, curb and gutter. and drainage at any time prior to
completion of the construction of said improvements or upon completion of
said improvements by the City or by a party engaged by the City for said
construction.
2. City agrees to allow the Owner to pay pro rata fees for
future street. curb and gutter. and drainage for each tract of land
separately. Each tract of land is known as Lot
2
J Block
33
College Hill Addition.
3. Owner agrees to pay the "going rate" per foot for future
street. curb and gutter. and drainage for that period in time.
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Page 2
The parties hereto hereby agree that the above rights and
covenants shall run with the land described above and shall obligate and
inure to the benefit of the owner, its successors and assigns, and the City
of North Richland Hills.
EXECUTED THIS _¿ /
/11&A4'P
,19~.
DAY OF
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/J/?/;éÆ-
SWORN TO AND SUBSCRIBED BEFORE ME THIS .5 I DAY OF ~!.._
19 <Z~ , A.D.,
, I
'0 }LV'~ r}~ M~AAC..
Notary Public, State of T~rS
Commission Expires: ¿., --_7t) -8'i'
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CITY OF NORTH RICHLAND HILLS
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BY:
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Mayor
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SWORN TO AND SUBSCRIBED BEFORE ME THIS /7 (Á- DAY OF (7/,/2(/,
19 YtA. D. c..-¡
~/l¡(!/à.-Ú h~ur-
Notary Public, State of Texas
Commission Expires: J J,I/J>l
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CITY OF
NORTH RICHLAND HILLS
Planning and Development 4/27/87
Department: Council Meeting Date:
_Ubject: Request of Pep Boys of California, Inc. for PS 87-9
~ Kepl.at of Lot A, lÜock 2, Pep Boys/Loop 820 Additiun. Agenda Number:
~ This Replat Application is presented for consideration of Lot A, Block 2, Pep Boys/Loop
820 Addition. The property is located on the north side of Loop 820 east of Rufe Snow
Drive. The subject tract is the last vacant tract in the Northwood Plaza Shopping
Center. The purpose for the proposed plat is to re-combine the previously subdivided
commercial lot. The proposed use of the property is for the development of a Pep
Boys/Auto Home Center.
The Staff noted to the Commission that the subject tract was only recently subdivided in
preparation for locating the Pep Boys Center on the easterly portion of the tract.
However, in reviewing the building plans it was discovered that building location would
be in conflict with a visual clearance easement granted to Minyards by the owners of the
property. In order to move the building out of the visual clearance easement it was
necessary to re-combine the separated lots. An official replat became necessary since
the previous plat had already been submitted to Tarrant County for filing.
RECOMMENDATION:
The Planning and Zoning Commission approved the Replat Application for Lot A, Block 2,
Pep Boys/Loop 820 Addition as submitted.
Finance Review
Acct. Number
Sufficient Funds Available
I
, Finance Director
CITY COUNCIL ACTION ITEM
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Page 2
P & Z Minutes
April 9, 1987
(
3. PS 87-6
PS 87-6
APPROVED
. ,....
4. PS 87-7
PS 87-7
APPROVED
5. PS 87-8
PS 87-8
APPROVED
6. PS 87-9
PS 87-9
APPROVED
(
Request of North ~ichland Hills Joi
Venture for final -plat of Lots 1- ,
Block 1, Ranger Crossing Additi
Mr. Wood made the motion
PS 87-6 and the P & Z Co
recommends that the Cit Council
secure a commitment f m the
developer on the Wa auga Road
dedication prior' - 0 approval of this
final plat. T s' motion was seconded
by Mr. Hallfo and the motion carried
5-0.
,,/,.r- -
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Reques of Birdville I.S.D. for
prel- inary plat of Richland High
Ad tion.
Tricoli made the motion to approve
PS 87-7. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
Request of Coco Venture for replat of
Lots lR & 2, Block 33, College Hill
Addition.
Mr. Tricoli made the motion to approve
PS 87-8 subject to the engineer's
comments.
Mr. Wood stated he would like that
amended to add with the stipulation
that the contracts on Ross Road be
finalized.
Mr. Tricoli amended his motion. This
motion was seconded by Mr. Schwinger
and the motion carried 5-0.
Request of Pep Boys of California,
Inc. for replat of Lot A, Block 2, Pep
Boys/Loop 820 Addition.
Mr. Wood made the motion to approve
PS 87-9. This motion was seconded by
Mr. Hallford and the motion carried
5-0.
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K. N. WATKINS
Genera. Superintendent of Distribution
Lone Star Gas Company
FORT WORTH DIVISION OF DISTRIBUTION
100 W. Morningsid. Dr. · Fòrt Worth, T..as 76110
March 31, 1987
Ms. Wanda Calvert
Planning and Zoning Coordinator
City of North Richland Hills
P. O. Box 18609
North Richland Hills, Texas 76118
RE: Case number - PS 87-9
Dear MS. Calvert:
With regard to your correspondence of March 27, 1987, on the
above referenced case number, please be advised that Lone Star Gas
Company offers no objections to major platted content, however, the
terminology should be "Enserch Corporation" 20' x 30' easement, not
"Lone Star Gas Company". Please make the proper notification and
changes.
If further information is required, please advise.
Sincerely,
L-j:rJ1 ~~.
J. M. Seals
General Supervisor II
Facility Records Group
kIn
xc: file
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CITY OF
NORTH RICHLAND HILLS
I Planning and Development
.epartment:
Subject: Request of Doughboy Deli & Subs for Variance
to SJ..gn UrdJ..nance to cont1nue use of PorLable Sign.
Council Meeting Date:
4/27/87
I
SO 87-5
Agenda Number:
Mr. R. Dwayne Shockey, owner of Doughboy Deli & Subs shop in Brandi Place Shopping
Center at Smithfield Road and Commercial Drive has requested a hearing before the City
Council regarding his use of a portable sign for his business. The business has been in
operation at this site since November, 1986. In January, 1987 the Code Enforcement
Officer noted that the applicant had placed a portable sign on the Smithfield frontage
of the shopping center without benefit of a permit. After some discussion with the
applicant a permit was issued allowing the sign to remain in place for 30 days which is
the limit of a portable sign permit according to the Ordinance. After that permit had
expired, the Code Enforcement Officer observed that the sign remained in place. He
informed the applicant that the continuation of the sign must be re-permitted as is
required by the Ordinance. After several contacts with the applicant and the Code
Enforcement Officer informing him that citations could be issued, a permit application
was made. However, the permit was never picked up from the Permit Office. On further
investigation the Code Enforcement Officer again informed the applicant that the permits
had expired. He also informed him that the sign had been in place for a period which
would have exceeded the 90 day time period for which the Ordinance would allow portable
signs to be in place during anyone year. Therefore, no further permits would be
considered during calendar year 1987.
.~
The applicant is requesting that the City Council grant a variance to the Sign Ordinance
~to allow him to continue the use of the portable sign. In the letter requesting the
~variance the applicant did not specify any particular length of time to be considered.
The Staff did note that the shopping center in which the subject business is located has
not constructed a ground sign for the center. Should the owner for the center choose to
do so, one ground sign could be installed on which the applicant could advertise. The
allocation of the amount of space for this or other tenants of the center would be a
decision to be made by the owner and his tenants.
RECOMMENDATION:
It is the Staff's opinion that approval of a portable sign to be maintained on a
permanent basis would be precedent-setting situation which would be defeating of the
controls built into the existing Sign Ordinance.
Finance Review
Acct. Number
Sufficient Funds Available
~!I1~~r
CITY COUNCIL ·ACTION ITEM
, Finance Director
Page 1 of
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I April 15, 1987
~ City Secretary
; · Be: Sign variance
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Dear Jannette Rewis,
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I am writing this letter representing Doughboy Deli & Subs regarding 8
variance for our portable sign. We would like to be placed on the agenda
to go before the Councilor Sign Committee. We are 8 new business in far ".,
north North Richland Hills off ot Smith:r1eld Rd. We teel that there is a
need tor growth ot businesses in our area, there have been a few that have
closed this year already. At this point in our business, in'operation tor
only three months, our portable sign is the only means by which many people
.realize that we are here. It is in essence the lite blood ot our business,
at this time. We would appreciate your help in this matter and are looking
:torward to hearing ~m you or ~ur committee.
.."./--,
.~.,
~./-_.
Th.. an]\ you tor y
/2-. [)IlJC'1
R. Dew8~ Shocke
Doughboy Deli & Sub!
7801 Brandi Place Suite P
North R1chland Hills, Tx.
485-9027
76180
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'';'-é.1-~'''¡;'.· ~. "'- -' ..;.. .~__í...·......,,_ _~~___..-."': _
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CITY OF
NORTH RICHLAND HILLS
Department:
Finance
Presentation of Audited Financial
Statements for F/Y 1985/86
Council Meeting Date: 4/27 /87
Subject:
Agenda Number: GN 87-32
I The audited financial statements for fiscal year ending September 30, 1986 will be
formally presented to the City Council for their review. Mr. Clyde Womack, partner
with Peat, Marwick, Mitchell and Co. will make the presentation and answer any questions
II concerning the financial statements.
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Recommendation:
It is recommended that the financial statements be accepted as presented.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Acct. Number N/A
su&undS Available
R~~~ ~
Department Head Signature City Manager
CITY COUNCIL ACTION ITEM
--1L
. Finance Director
Page 1 of
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CITY OF
NORTH RICHLAND HILLS
Department: IIti 1 ity _ Council Meeting Date: 4/27/87
Resolution of Intent to Approve a New Wastewater Contract
with the City of Fort Worth and Related Access Fees Agenda Number: GN 87-33
After many months of negotiations with the City of Fort Worth the basic terms and
conditions of a contract have been worked out which the Wastewater Negotiating Committee
can recommend to all wastewater customer cities and the City of Fort Worth. One of the
elements of the proposed contract is the enactment of sewer access fees, for which the
City of Fort Worth established a May 1, 1987 deadline for action by the customer
cities. Since the present wastewater service contract does not provide for access fees,
it is believed to be necessary to approve the new contract before establishing access
fees. As soon as the City of Fort Worth calculates and furnishes to us a rate schedule
to be applied to wastewater transmission and treatment services under the new contract,
approval of the contract and a sewer access fee ordinance will be presented for Council
action. In the meantime, it is proposed that the attached resolution be adopted stating
our intent to adopt these measures as soon as we are furnished the necessary information. .
Attached, for your information, is a copy of the proposed contract (without a rate -
structure) and a copy of the system access fee ordinance adopted by the City of Fort
Worth.
Recommendation:
It is recommended that the City Council adopt the attached resolution of intent to
approve a wastewater contract with the City of Fort Worth and adopt an ordinance
establishing system access fees for wastewater.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget
Othð .1) · ;¡-;:P-
. !0-Ýj'v'LL (C ( Ii At 1:1/1(/ ~.
Department Head Signature I City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
1
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RESOLUTION NO. 87-16
RESOLUTION DECLARING THE INTENT OF THE CITY OF NORTH RICHLAND
HILLS TO APPROVE A NEW WASTEWATER CONTRACT WITH THE CITY OF FORT
WORTH AND ESTABLISH SYSTEM ACCESS FEES.
WHEREAS, many months of negotiation between the City of Fort Worth
and representatives of the customer cities has produced the basic
provisions of a new wastewater contract between the parties; and
WHEREAS, the only unavailable provision of the proposed contract __
is a calculation of the exact rates to be charged; and
WHEREAS, the City of North Richland Hills stands ready to approve
the contract and enact wastewater system access fees as soon as the rate
schedule is made available;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that the intent of the City be declared to
approve the wastewater contract with the City of Fort Worth and adopt a
system access fee ordinance.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY FOR THE CITY
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ORDINANCE No. ~~
AN ORDINANCE AMENDING CHAPTER 37, "WATER AND SEWER", OF
THE CITY CODE OF THE CITY OF FORT WORTH, AS AMENDED, BY
PROVIDING FOR AND ESTABLISHING WASTEWATER SYSTEM FACILITY
ACCESS FEES ¡ MAKING TH IS ORDINANCE CUMULAT IVE OF PRIOR
ORDINANCES¡ REPEALING ALL ORDINANCES AND PROVISIONS OF THE
CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH:
PROVIDING A SAVINGS CLAUSE¡ PROVIDING A SEVERABILITY
CLAUSE¡ PROVIDING FOR ENGROSSMENT AND ENROLLMENT¡ AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth, Texas
deems it necessary and proper and in the best interests of the
ci tizens of Fort Worth to promote the safe, order ly and heal thful
development of landi and
WHEREAS, substantial economic development and increasing popu-
lation within the region has placed a burden on the City's waste-
water facilities and has caused a need t~ expand these facilities:
and
WHEREAS, the City Council of the City of Fort Worth must
endeavor to provide long-range solutions to the wastewater needs of
the citizens of the City of Fort Worth in accordance with the City's
Master Plani and
WHEREAS, in accordance with and in the exercise of the powers
afforded to the City of Fort Worth under Article 974a and Article
1175, V.A.T.S. there are hereby established wastewater system
facility access fees for certain uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
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That Chapter 37 of the Code of the City of Fort Worth is hereby
amended by adding Section 37-26.2, entitled "Wastewater System
Facility Access Fees", and shall be as follows:
SEer ION 1.
DEFIN IT IONS
When used in this section, these terms shall be defined as
follows:
"BUILDING PERMIT": A permi t required by the Ci ty for the
construction of any new dwelling or building.
"CITY": City of Fort Worth, Texas.
"COMMERCIAL": Any customer served by a single meter or
meters that is engaged in any type of business, except the
processing, fabrication, or manufacturing of aLY goods or
products and any type of dwelling unit.
"COMMERCIAL-MULTIPLE UNIT": Any customer that has. a single
meter or meters serving more than one business per meter
and/or three or more dwelling units per meter.
"DIREcrOR": The Director of the Water Department of the
City of Fort Worth, or his authorized representative.
"GENERAL BENEFIT FACILITY": Wastewater facilities that
provide utility services and benefits common to all
customers of the utility; this includes wastewater
treatment plants, con trol systems and appurtenances, and
all major collectors and interceptors that are eighteen
inches (18") and greater in diameter.
"INDUSTRIAL": Any customer served by one or more water
meters whose sewage contains wastewater from a product
fabricated, processed, or manufactured by the customer.
"INDUSTRIAL-MONITORED CLASS": Any customer determined by
the Director to be a producer of any sewage having a
Suspended solids or B.O.D. content which is significantly
in excess of that found in normal sewage, but is otherwise
acceptable into the city sanitary sewerage system.
"INITIAL WASTEWATER SERVICE": The first wastewater service
to be provided at a specific property location~
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"LIVING AREA": The enclosed area of a dwelling that does
not include garages, carports, and outside patios or
porches.
"METER": A device that measures the quantity of water
used. The types of meters used herein are those described
in the American Water Works Association C700 through C703
and M6 Standards.
"PUBLIC UTILITY": Any person, firm, corporation, coopera-
tive corporation, or any combination of these persons or
entities including a municipal corporati.on, water supply
or sewer service corporation, or other political sub-
division of the state, or their leasees, trustees, and
receivers, owning or operating for compensation equipment
or facilities for the provision of potable· water to the
public or for the collection and treatment of sewage for
the public, but does not include any person or corporation
not otherwise a public utility that furnishes the services
only to itself or its employees or tenants as an incident
of that employee's service or tenancy when that service is
not resold to or used by others.
"RESIDENTIAL": Any customer living in a dwelling having
the necessary living facilities for one unit that is
served by a single water meter. This' class also includes a
duplex dwelling where no more than two living units are
supplied water through a single meter.
SECTION 2.
SYSTEM FACILITY ACCESS FEE
No person, firm, corporation or other entity shall be entitled
to initial wastewater service until payment of the appropriate
system facility access fee as set forth in Section 3 hereof. Payment
of the system access fee is required as a condition precedent to
establishing initial wastewater service. All other conditions for
initiating service, such as deposit requirements, tap fees, exten-
sion agreements, and service charges as covered elsewhere in the
City Code and are in addition to the system access fee.
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Pr ior to the ini tial connection of any building, structure,
premises, or lot after the effective date of this ordinance to the
City's wastewater system, the owner of that building, structure,
premise or lot shall pay the system facility access fee as estab-
1 ished in Sect ion 3, such fee to be paid in cash pr ior to the
issuance of the building permit.
SECT ION 3.
SCHEDULE OF FEES
A. The System Facility Access Fees for the Residential Class
using a 5/8 X 3/4 inch water meter shall be those as set
out in Table I below.
T ABLE I
Living Area
(sq. ft.)
Wastewater System
Access Fee
$
Under 1000
1001-1200
1201-1400
1401-1600
1601-1800
1801-2000
Over 2000
88
102
116
130
144
158
172
B. The System Facili ty Access Fees for all other customer
classes and the Residential Class using a water meter
larger than" the 5/8 X 3/4 inch meter shall be those as set
out in Table II below.
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C. The full amount of the fees set out in this ordinance, as
amended from time-to-time through cost-of-service based
studies, will be phased-in gradually as specified below:
For City of Fort Worth
Fiscal Year Beginning
October 1st:
Percentage of System Facility
Access Fee in Effect During
Fiscal Year to be Charged:
WAST EWAT ER
1986
1987
1988
1989
1990
20%
40%
60%
80%
100%
SECT ION 4.
PRIVATE AND PUBLIC FACILITIES
If any property within or without the City's corporate limits
utilizes a water well, a septic tank, or an individual waste
disposal system and the property owner requests to be connected to
the City's wastewater system, the customer shall be assessed- the fee
established by this ordinance before the property is connected to
the City's wastewater system. Should the property owner request only
a wastewater connection while retaining a private water well, the
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appropriate fee to be assessed will be determined by the Director of
the Water Department.
A System Facility Access Fee will not be assessed to any prop-
erty which is receiving service from a wastewater treatment plant
owned by a public utility when such public utility is acquired by
the City and connected into the City's wastewater system.
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SECTION 5.
CLARIFICATIONS AND DETERMINATIONS
Where a question arises as to the classification of a custo-
mer's service class and/or the appropriate meter size, the Director
shall make the determination in accordance with the existing City
Code as of the date the question arises. Any customer shall have the
right to request in writing from the Director an interpretation or
clarification of the basis upon which a system facility access fee
was assessed.
SECT ION 6.
INCREASING SIZE OF METER
If a customer requests an increase in meter size to an existing
service, the customer shall pay the fee difference between the new
level of serv ice and the exist ing level of service as set out in
Section 3 hereof. The addi tional fee shall be paid pr ior to the
installation of the enlarged meter service.
A request for additional sewer connections for improved prop-
erty shall not result in the assessment of an additional System
Facility Access Fee so long as no increase in the size of the water
meter is made.
SECT ION 7.
DEDICATED FUNDS
The System Facil i ty Access Fees, together wi th all interest
derived therefrom, that are generated by this Ordinance shall be
deposited into a dedicated fund account to be used solely for the
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financing of the construction, design, inspection, and other related
expenses of general benefit wastewater capital improvement projects.
A separate dedicated fund shall be established for receipt of
proceeds from wholesale sewer customers of the City of Fort Worth.
This ded icated fund shall not be comingled wi th fee proceeds from
the retail customer class except to the extent funds may be combined
for expenditure on general benefit capital facilities. Such funds
collected from wholesale customers shall be used solely for the
purposes set out in the contracts between Fort Worth and its
wholesale customers.
SECTION 8.
It is intended that the fees collected by this ordinance will
be utilized in a timely mann.er to provide additional capacity of
general benefit facilities. For purposes of this ordinance, timely
utilization of fees is qetermined to mean the encumbrance of funds
for general benefit contracts within five (5) years from the date of
the receipt of a fee. In the event that such proceeds are not en'-
cumbered wi thin five years of date of receipt, such fees will be
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refunded to the present property owner upon written request.
SECT ION 9.
No system facility access fee shall be assessed an application
for initial wastewater service provided:
1 . all approach and on-site mains and facilities are in place
and final inspection has been conducted and accepted by
the Water Department;
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2.
such application for the initial wastewater service is
presented to the City on or before May 1 , 1987; and
the application for a building permit for the same
3.
property as the initial wastewater service application is
presented to the City on or before September 30, 1987.
SECTION 10.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1986), as
amended, except where the provisions of this ordinance are in direct
conflict wi th the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed. Ordinance No. 9805 is hereby repealed in its
entirety.
SECTION 11.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECT ION 1 2 .
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption of this
Ordinance in the minutes of the City Council and by filing the
ordinance in the ordinance records of the City.
SECT ION 14 .
This ordinance shall be in full force and effect May 1 , 1987
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Gv~·
City Attorney
~-~(-y1
Da t e: ")
ADOPT ED:
EFFECT IVE: {Ÿl ~ 'I
ord2
't \'1 ~l
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April 16, 19B7
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WHOLESALE WASTEWATER CONTRACT
STATE OF TEXAS
COUNTY OF TARRANT
s
s
This contract made and entered into this, the day
of , 1987, by and between the City of Fort Worth,
Texas, a municipal corporation, acting herein by and through its ·
City Manager, Douglas Harman, who is dUly authorized so to act,
hereinafter referred to as "Fort Worth," and the City of
, Texas, a municipal corporation, acting herein by and
through its , , who is duly
authorized so to act, hereinafter referred to as "Customer."
WHEREAS, the public health, welfare and safety of the
residents of Fort Worth and Customer require the development of
adequate systems of sewage collection and disposal, the
elimination of water pollution and the preservation of the water
resources of the area; and
WHEREAS, Fort Worth is required to comply with standards and
treatment methods for wastewater as set forth in federal, state
and local laws and regulations and permits; and
WHEREAS, Fort Worth and Customer have an interest in
maintaining and restoring the chemical, physical and biologica~
integrity of waters and water resources and insuring the
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April 16, 1987
reduction of pollution in said waters and water resources, and
planning the use, development, restoration, preservation and
enhancement of said waters and water resources; and
WHEREAS, Fort Worth and Customer have previously entered
into a contract, being known as Fort Worth City Secretary
Contract No. , dated , together with
any and all amendments thereto dated I and
, said contract and amendments, if any, providing for
wastewater treatment services; and
WHEREAS, Customer desires to continue to contract for
wastewater treatment service and Fort Worth desires to continue
to provide wastewater treatment service to Customer; and
WHEREAS, Article 4413 (32c) (the Interlocal Cooperation
Act) and Article 11185, S3 of the Revised Civil Statutes of
Texas, authorizes Fort Worth and Customer to enter into this
agreement;
NOW, THEREFORE, Fort Worth and Customer, in consideration of
the terms, covenants and conditions herein contained, hereby
agree as follows:
1. Definitions
When used in this contract, these terms shall be defined as
follows:
1.1 Act or -the Act- - The Federal Water Pollution
Control Act, also known as the Clean Water Act (ReWA"), as
amended (33 U.S.C. 1251, et seq.).
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April 16, 1987
1.2 Biochemical Oxygen Demand (BOD) - The quantity of
oxygen utilized in the biochemical oxidation or organic matter
specified by procedure in Standard Methods, and results expressed
in terms of weight and concentration <milligrams per liter
(mg/l».
1.3 Calibration - Verification of primary measuring
device and secondary instrumentation accuracy utilizing standard
primary device procedures and calibration signals and/or a
separate flow measurement instrument.
1.4 Customer System - The facilities of Customer used
for pretreatment, collection and transportation of wastewater to
the point of entry.
1.5 Delivery facilities - All facilities necessary for
the transmission of wastewater to the Fort Worth System that are
on the Customer's side of the point of entry that are constructed
specifically to allow Fort Worth to serve Customer.
1.6 Director - The Fort Worth Water Department Director
or his designee.
1.7 Domestic accounts - Single-family and residential
duplex dwellings served by one meter. This definition is used
only in the context of determining billing on a per-connection
basis.
1.8 Fort Worth Expense - Expenses incurred by Fort
Worth related to the wastewater utility, such expenses to be
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April 16, 1987
allocated as a System Cost if so determined in future
cost-of-service studies.
1.9 Fort Worth System - Fort Worth's wastewater
collection and treatment system.
1.10 General benefit capital facilities - Wastewater
facilities that provide utility services and benefits common to
all customers; this includes wastewater treatment facilities,
metering and sampling facilities, control systems and
appurtenances, and all major collectors and interceptors that are
eighteen inches (IS") and greater in diameter.
1.11 Indirect Discharge - The discharge or the
introduction of industrial wastes from any source regulated under
Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the Fort
Worth System (including holding tank waste discharged into the
system).
1.12 Industrial User - A source of indirect discharge
which does not constitute a "discharge of pollutants" under
regulations issued pursuant to Section 402, of the Act, (33
u.s.c. 1342).
1.13 Industrial wastes - All water-borne solids, liquids
or gaseous substances resulting from industrial, manufacturing or
food processing operations, or from the development of a natural
resource, or any mixture' of these with water or domestic sewage.
1.14 Infiltration - Water that has migrated from the
ground into the wastewater system.
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April 16, 1987
1.15 Inflow - Water other than wastewater that enters a
sewerage system (including sewer service connections) from
sources such as, but not limited to, roof leaders, cellar drains,
yard drains, area drains, drains from springs and swampy areas,
manhole covers, cross connections between storm sewers and
sanitary catch basins, cooling towers, storm waters, surface
runoff, street wash waters or drainage. Inflow does not include,
and is distinguished from, infiltration water.
1.16 Liquid Waste - The water-borne solids, liquids,
and gaseous substances derived from certain sources including,
but not limited to, grease trap, septic tank, chemical toilet
waste and sand trap waste.
1.17 Metering and sampling facility - The meter, meter
vault, and all metering and telemetry equipment required to
measure and/or sample wastewater flows of the Customer at point
of entry or other such locations, as may be mutually agreed upon
in writing.
1.18 Non-domestic account - Commercial, industrial,
multi-family or other accounts that are not considered domestic
accounts. This definition is used only in the context of
determining billing on a per-connection basis.
1.19 Non-metered area - Areas within the Customer's
corporate or certificated boundaries that generate wastewater
that do not drain into a part of the Customer System for which
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wastewater flow is measured by an approved metering and sampling
facility.
1.20 Point of entry - The metering facility or, where no
metering facility is utilized, the point of connection to the
Fort Worth System, unless otherwise mutually agreed upon in
writing.
1.21 Pretreatment - The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a Publicly Owned Treatment
Works. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes by other
means, except as prohibited by 40 CFR Section 403.6(d).
1.22 Pretreatment requirements - Pollutant concentration
discharge limitation and reporting requirements stipulated in
Fort Worth Ordinance No. 8895 and any amendments thereto, and the
Customer's Code, as hereinafter amended, and Federal Pretreatment
Standards promulgated by the U.S. Environmental Protection
Agency.
1.23 Significant industrial user - Any industry which
discharges industrial wastes directly or indirectly into the Fort
Worth System or Customer System that:
discharges 25,000 gallons per day or more of
industrial wastes;
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is subject to the National Pretreatment Standards:
Categorical Standards of the U.S. Environmental
Protection Agency; or,
has a reasonable potential, in the opinion of the
Director, to adversely affect the Fort Worth System
due to discharge of wastewater with abnormally high
strength or limited and/or prohibited substances.
1.24 Standard methods - Those testing or analysis
procedures as prescribed in the then current edition of "Standard
Methods for Examinati~n of Water and Wastewater," published by
the American Public Health Association and/or the. U.S.
Environmental Protection Agency Manual of Methodologies for the
Examination of Water and Wastewaters, or as will otherwise comply
with procedures specified in state and federal discharge permits .
held by Fort Worth.
1.25 System cost - Operating expenses and capital
related costs incurred by Fort Worth pursuant to the provision of
wastewater collection and treatment service to the wholesale
class of sewer customers. Such costs are to be collected by Fort
Worth as a component of the annual cost of providing wholesale
wastewater service.
1.26 System Access Fee - An advance capital contribution
(impact fee, capital recovery fee, system development charge)
which represents a proportional ·capital cost of general benefit
capital facilities capacity, less depreciation, outstanding debt,-
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and appropriate contributions paid to Fort Worth, required to-
provide service for new connections, whether located within the-
jurisdictional limits of Fort Worth or Customer. .
1.27 Total Suspended Solids (TSS) - Solids, measured in
mg/l, that either float on the surface of, or are in suspension
in, water, wastewater or other liquids, and which are largely
removable by a laboratory filtration device. Also referred to as
Total Non-Filterable Residue.
1 . 2 8 Was t e wa t e r - AIl 1 i qui d or wa t e r - car r i e d wa-s t e
products from whatever source derived, together with such ground
water infiltration and surface water inflow as may be present,
whether treated or untreated, which is discharged into or
permitted to enter into the Fort Worth System. The words
"wastewater" and "sewage" are interchangeable.
2. Connection to the Fort Worth System
2.1 Fort Worth hereby grants to Customer, upon compliance
with the terms and conditions contained herein, permission to
connect its System to the Fort Worth System.
2.2 Fort Worth agrees to accept all wastewater from Customer
at the point(s) of entry as designated on Exhibit , attached
hereto and incorporated herein, and at such additional points as
may later be mutually agreed upon in writing signed by both
parties hereto.
2.3 The cost of all delivery facilities necessary to convey
wastewater to the designated points of entry, whether shown on
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Exhibit" "or mutually agreed upon at a later date, together
with the cost of connection of the Customer System to the Fort
Worth System with the exception of metering and sampling.
facilities shall be borne by Customer. In the event Fort Worth
requests Customer to increase the size of any such delivery
facility, the difference in the cost of the delivery facility as
designed by Customer and the cost of the delivery facility as
requested by Fort Worth shall be at Fort Worth's expense and may
be allocated as a System cost if so determined in future'
cost-of-service studies.
2.4 Unless mutually agreed to in writing by Fort Worth and
Customer, Customer shall be responsible for the design,
contracting, construction and financing ~f delivery facilities
and acquisition of any necessary rights-of-way and easements to
and from such facilities. All designs, materials and specifica-
tions shall conform to Fort Worth's requirements as a minimum.
Plans and specifications for any delivery facility which actually
connects to the Fort Worth System shall be submitted to the
Director for written approval. Such approval shall not be unrea-
sonably withheld. No construction shall begin until such approval
has been given. Customer agrees that Fort Worth has the right to
make periodic inspections during the construction phase of the
delivery facilities. Final acceptance of such facility from the,
point of connection up to and including the metering and sampling
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facility is subject to the inspection and written approval of the
Director.
2.5 After the date of this contract, Customer agrees not to
provide service to or contract or subcontract with any new
customer whose need for wastewater service would exceed 500,000
gallons per day without written notice to the Director. ~
3. Maintenance of Customer System
Customer agrees to maintain its system in good condition and
to make repairs in a timely manner. Fort Worth shall not have-any
responsibility or liability now or ever for the operation of the
Customer System, except as agreed to in writing by the parties
hereto.
4. MainteLance of Fort Worth System
Fort Worth agrees to maintain its system in good condition
and to make repairs in a timely manner. Customer shall not have
any responsibility or liability now or ever for the operation of
the Fort Worth System, except as otherwise provided herein.
5. Metering and Sampling Facilities
5.1 Beginning on the effective date of this contract, Fort
Worth shall have the exclusive right to use, operate, an~
maintain Customer metering and sampling facilities and Fort Worth
shall become solely responsible for the operational and
maintenance responsibilities associated with these facilities.
Customer will continuously provide a route of ingress and egress
to said metering and sampling facilities for Fort Worth. Fort
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Worth shall have the discretion to construct improvements,
expansions, and replacements to said facilities as a system cost
and at the timing of Fort Worth's needs subject to the review by
Customer of all proposed construction, expansion, and replacement
plans. Customer will also grant and provide to Fort Worth such
permits or easements as are necessary for the continuous
operation and main-tenance of all metering and sampling
facilities. All such costs incurred by Fort Worth for operation,
maintenance, construction, expansion, and replacement of Customer
metering and sampling facilities shall be considered system .
costs.
5.2 Unless otherwise agreed to by both parties in writing,
Fort Worth shall have the option to construct Customer metering
and sampling facilities not currently in existence. All
construction costs, including, but not limited to, site
acquisition and preparation, design and engineering, construction
and equipment for such facilities, together with the costs of
necessary easements and rights-af-way, shall be system costs,
including any and all necessary modifications to accommodate a
complete initial installation satisfactory to Fort Worth. If
Customer constructs new metering and sampling facilities,
Customer may either transfer ownership of such newly constructed
facilities, together with all necessary access easements and
rights-of-way to Fort Worth in a form satisfactory to Fort Worth
or may grant to Fort Worth the right of ingress and egress to
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such facilities, together with the authority to operate and
maintain the facilities as specified in Section 5.1, within sixty
(60) days of such completion. Thereafter, Fort Worth shall
operate and maintain the facilities as a system cost and treat
any ownership transfer as a contribution for rate purposes, but
same shall not be an indicia of equity ownership.
S.3 Expenses incurred by Fort Worth for the operation and
maintenance of Customer metering and sampling facilities shall be
system costs and shall include, but not necessarily be limited
to, the following:
A. Cost of electricity at the facility;
B. Cost of the initial installation of the telemetry
service at the facility and to the control center and
cost of monthly lease charge for the telephone line;
c. Cost of calibration;
D. Cost of parts, materials and supplies required for
repairs, calibrations and upgrading of the facilities;
E. Labor cost plus fringe benefits and indirect costs for
repairs, calibrations and upgrading of the facilities;
F. Maintenance of ingress and egress and meter facility
site.
5.4 Replacement of facilities described in this section or
equipment therein occasioned as a result of obsolescence due to
age,excessive maintenance, growth or other reasons as determined
by the Director shall be a system cost. Any replacement facility
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or equipment therein shall comply with Fort Worth's standards and
specifications.
5.5. Upon expiration or termination of this agreement by
either party, Fort Worth shall transfer to Customer ownership of
any property easements, metering and sampling facilities and
rights-of-way conveyed to Fort Worth pursuant to the terms of
this Section 5.
6. Rights-af-Way
Customer shall grant, without charge to Fort Worth, such
easements and rights-of-way along public highways or other
property owned by Customer, as requested by Fort Worth, in order
to construct or maintain mains or facilities within the corporate
limits of Customer to provide wastewater collection to Customer
and to other areas. Upon notice from Customer and at Fort Worth
expense, Fort Worth will move such wastewater mains or facilities
located in such street right-of-way, or other property owned by
Customer when reasonably necessary to the performance of
essential governmental duties by Customer. Fort Worth shall ¡
grant, without charge to Customer, such easements and
rights-af-way along with public highways or other property owned
by Fort Worth, as requested by Customer, in order to construct
and maintain wastewater mains or facilities within Fort Worth to
provide wastewater collection to Customer. Upon notice from Fort
Worth and at Customer's expense, Customer will move such
wastewater mains or facilities when located in such street
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rights-of-way or other property owned by Fort Worth when
reasonably necessary to the performance of essential governmental
duties by Fort Worth. All work done by or on behalf of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar
nature performed within Fort Worth, but neither party hereto will
be required to restore the other's property to a condition
exceeding its original condition, unless otherwise mutually
agreed in writing. Fort Worth and Customer agree to coordinate
the location of the mains and/or facilities in the other's
easements and rights-of-way in order to prevent further conflicts
insofar as reasonably practicable.
7. Metering and Sampling
7.1 All flow discharged into the Fort Worth System by
Customer shall be metered, unless specifically agreed to by both
parties in writing. Should both parties agree in writing that
metering is not possible, the agreed upon method for determining
the volume shall include an adjustment for infiltration and
inflow.
7.2 If, in the judgment of the Director, the sewage
generated within one or more areas of the Customer cannot be
accurately measured by an approved type of metering station, then
the charge for sanitary sewer service within that drainage area
will be made on a per-connection basis. In such cases, the
volume of sewage for billing purposes will be determined by
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adding the product derived from mUltiplying the number of
domestic accounts within the area times 10,500 gallons to the sum
total metered water of all non-domestic accounts within the area.
The total volume so derived each month will be used as the basis
for calculating the total sewer charges due each month for that
drainage area and such charges will be added to any other
charges, if any, based on metered connections. For all such
non-metered areas, Customer will be responsible for providing
data each month on the number of domestic accounts and the
metered water volume of all non-domestic accounts. This data
will be provided by Customer to Fort Worth no later than the 5th
of each calendar month.
7.3 Customer shall have access to the metering and sampling
facilities at all reasonable times; provided, however, that any
reading, calibration or adjustment to such metering equipment
shall be done by employees or agents of Fort Worth, or other
mutually approved third party calibration agent, in the presence
of representatives of Customer and Fort Worth, if so requested by
Customer. Notification of any proposed tests shall be provided to
the Customer at least seventy-two (72) hours prior to such tests
being conducted.
7.4 All readings of meters will be entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during reasonable business hours and shall be
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furnished with monthly totalizer readings for each point of entry
metering and sampling facility.
7.5 Fort Worth shall calibrate and routinely service the
meters no less than once during each six (6) month period. Copies
of the results of such calibration and all related information
shall be provided to Customer. Fort Worth shall notify the
Customer at least seventy-two (72) hours in advance of the date
and time for any calibration and Customer may observe, if so
desired.
7.6 Upon any calibration, if it. is determined that the
accuracy envelope of such meter is found to be lower than
ninety-five percent (95%) or higher than one hundred five percent
(105%) expressed as a percentage of the full scale of the meter,
the registration of the flow as determined by such defective
meter shall be corrected for a period extending back to the time
such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back
one-half (1/2) of the time elapsed since the date of the last
calibration, but in no event further back than a period of six
(6) months.
7.7 If any meter used to determine volume from Customer is
out of service or out of repair so that the amount of
wastewater metered cannot be ascertained or computed from the
reading thereof, the wastewater delivered through the period such
meter is out of service or out of repair shall be estimated and
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agreed upon by the parties hereto upon the basis of the best data
available. The basis for estimating such flow includes, but is
not limited to, extrapolation of past patterns of flow for said
metering station under similar conditions. In the event that the
parties hereto cannot agree on the extrapolated estimate of
wastewater volume delivered, agreement on the flow volume will be
determined by third party arbitration.
7.8 Fort Worth shall periodically determine the quality of
the wastewater at the metering and sampling facilities or other
agreed upon sampling points for the purposes of billing for the
strength of the wastewater. The sampling and testing shall
normally occur at such frequency as determined by the monthly
flow of sew~rage, as outlined in the sampling table below:
Customer Flow
<million gallons per month)
80 and more
Greater than 50 and less than 80
50 or less
Monitoring
(times per year)
3
2
1
To determine the quality of the wastewater, Fort Worth shall
collect twenty-four (24) hour flow-weighted composite samples for
a period of not less than five (5) consecutive twenty-four (24)
hour periods. Fort Worth will provide Customer with a minimum of
seven (7) day advance notification of intent to sample, or such
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notification as is sufficient to allow Customer to arrange the
services of a qualified laboratory.
If, at the request of Customer or at the request of the Director,
more extensive monitoring is desired, such additional monitoring
shall be paid for by the party making the request and shall be
done in compliance with Section 7. If Customer requests such
additional monitoring, Fort Worth shall invoice Customer and
payment shall be made within ten (10) days after receipt of
invoice.
The notification required in this section shall include the
planned dates, times, and location(s) of sampling. Fort Worth
shall analyze the samples collected in accordance with standard
methods. Customer may be present during the initial setup of
sampling equipment and at the time of pickup for each twenty-four
(24) hour composite sample. Fort Worth agrees, if requested, to
split said wastewater samples ~ith Customer.
7.9 If in the opinion of the Director, compliance monitoring
is required, the Director may order that additional monitoring be
performed with or without prior notice to Customer. Said
Compliance moni,toring is to be in addition to the periodic
sampling set forth in Section 7.8. All information obtained as a
result of such compliance monitoring shall be provided to the
Customer upon request. Fort Worth will provide notice of such
compliance monitoring to Customer within a reasonable time
thereafter.
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7.10 If Customer disputes Fort Worth results of analyses
and the parties hereto cannot settle such dispute, such dispute
will be determined by third party arbitration.
7.11 Costs incurred by Fort Worth under this section will be
considered to be a system cost.
8. Rates and Charges
8.1 Wholesale wastewater rates will be based upon cost-of-
service rate studies performed by independent utility rate
consultants as described herein. The independent utility rate
consultant shall be selected by Director from a list of five
highly qualified firms submitted by the Wastewater System
Advisory Committee. The cost of such studies will be a system
cost. All cost-of-service studies shall be conducted utilizing
the utility cost basis of determining revenue requirements
applicable to the wholesale customer class.
8.2 The cost-of-service for the wholesale class shall
include allocated reasonable and necessary operation and
maintenance expense, depreciation expense and a fair and
reasonable return on allocated capital facilities. To determine
the allocation and distribution of costs to the wholesale
customer class, the independent utility rate consultant shall
consider at least the following factors: total volume, rate of
flow, wastewater quality, metering, and customer-related costs
such as accounting, billing, and monitoring. Capital-related
costs will consist of depreciation expense and return on
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original cost rate base. On a periodic basis as determined by the
Director the depreciation rates on all general benefit capital
facilities shall be studied, and new salvage values, useful
lives, and annual rates of depreciation shall be developed from
such studies. The rate base shall consist of all allocated
capital facilities, net of depreciation and appropriate
contributions, and shall include construction work in progress, a
reasonable allowance for working capital, and a reasonable
inventory of materials and supplies necessary for the efficient
operation of the Fort Worth System. On a periodic basis as ¡-.
jO, ¡
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determined by the Director, a cash "lead-lag" study may be -
conducted to determine the appropriate level of working capital
at the same time as the above depreciation rate study is done.
Records of the original cost and the accumulated depreciation of
all capital facilities shall be maintained in the Fort Worth
Fixed Asset Tracking System. These records shall be available
for inspection at the Fort Worth Water Department during
reasonable business hours upon request by Customer.
8.3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable rate of return. The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit, shall
enable it to raise the money necessary for the proper discharge
of its public duties, and shall be equal to the weighted average
imbedded cost of outstanding debt plus one-and-one-half percent
(1 1/2%).
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8.4 Every three (3) years, a detailed wholesale revenue
requirement shall be developed on an actual historical cost test
year basis allowing for reasonable and necessary expenses of
providing such wastewater service and allowing for known and
measurable adjustments. Such adjustments should allow for year-
end trending and the spreading of non-recurring expenses over an
appropriate benefit period. The first test year shall be October
1st, 1986, through September 30th, 1987, and the first detailed
cost-af-service study shall be performed by an independent
utility rate consultant during the first two (2) calendar
quarters of 1989, based on audited data for the immediate past
fiscal year ended September 30, 1988. On a three (3) year cycle
thereafter, a compl&te detailed rate study will be performed by
an independent utility rate consultant. Any changes in the
methodology will be allowed if recommended by a majority of the
Wastewater System Advisory Committee, such majority defined by
any combination of Customers contributing a total of more than
fifty percent (50%) of the wholesale sewage flow in the immediate
past fiscal year, and approved by the Fort Worth City Council.
In the interim period between complete detailed rate studies,
wholesale wastewater rates shall be adjusted by Fort Worth using
the same methodology adopted at the time of the last complete
detailed rate study, utilizing the actual operating data for the
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twelve month period ending September 30th of the prior year,
adjusted for known and measurable changes in cost data which may
have occurred since the last audited statement.
8.5 The initial rates for this contract shall be those
approved by the Tarrant County Mayor's Council on April___, 1981,
and adopted by the Fort Worth City Council on Apri1___, 1987, and
are as follows:
8.6 Bills for wastewater treatment and disposal service
shall be rendered to wholesale Customers monthly by Fort Worth.
All such bills shall be due and payable by each Customer not more
than thirty (30) days from the billing date. The bills will show
current charges, as well as past-due charges, if any. Current
charges shall be the amount due for wastewater collection,
treatment and disposal service provided since the prior billing
period. Past-due charges shall be the total amount unpaid from
all prior billings as of the current billing date. Payments
received by Fort Worth shall first be applied to the past-due
charges, if any, and thereafter to the current charges.
8.7 If Customer disputes a bill and is unable to resolve the
difference informally, Customer shall notify the Director in
writing. If the Director and Customer are unable to resolve the
disputed bill, agreement on the bill will be determined by third
party arbitration. Dispute of a bill is not grounds for
non-payment. In the event a payment is not paid as specified in
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this agreement, a finance charge of ten percent (10%) per annum
will be calculated from the date which the payment was required
to be made. In the event the bill established by arbitration is
less than the disputed bill, then the amount found to be
incorrect will be credited to the Customer's account together
with an interest charge of ten percent (10%) per annum calculated
from the date payment of the disputed bill was received.
8.8 The parties hereto agree that services obtained pursuant
to this contract are essential and necessary to the operation of
Customer's waterworks and wastewater facilities and that all
payments made by each Customer hereunder shall constitute
reasonable and necessary operating expenses of Customer's
waterworks and wastewater systems within the meaning of Article
1113, Vernon's Annotated Texas Statutes, and the provisions of
any and all ordinances of Customer authorizing the issuance of
any revenue bond issues of Customer which are payable from its
waterworks and wastewater systems.
8.9 Customer agrees, throughout the term of this agreement,
to fix and collect such rates and charges for wastewater service
to be supplied as will produce revenues in an amount equal to at
least (i) all of operation and maintenance expenses of such
system, including specifically its payments under this agreement;
and (ii) all other amounts as required by law and the provisions
of the ordinances or resolutions authorizing its revenue bonds or
other obligations now or hereafter outstanding, including the
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amounts required to pay all principal of and interest on such
bonds and other obligations.
8.10 Customer specifically agrees to adopt and maintain in
effect for the life of this contract an ordinance providing for a
user charge system in full accord with relevant EPA regulations.
9. Industrial Connection and Monitoring
9.1 Customer agrees that it will not permit any significant
industrial user within its jurisdiction to connect directly or _
indirectly either to its system or to the Fort Worth System
without at least thirty (30) days' prior written notification to
the Director of such intent to connect. Customer shall provide
the Director with such information pertaining to volume and
composition of flow as may be requested by the Director.
9.2 Customer agrees to conduct any and all monitoring,
sampling and inspection of Customer System and industrial users
as necessary to insure that industrial waste introduced into the
Customer System meets the quality standards set out in Section
10.2 hereof. Upon request to Customer, a representative of Fort
Worth will be permitted to observe Customer's collection of
samples from industrial users, and Customer agrees to furnish
Fort Worth separate duplicate samples for independent testing,
and, upon request, to provide the Director sample analysis
results and pretreatment records.
9.3 Customer agrees that Fort Worth shall have the right to
sample wastewater at all points of entry and such other locations
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as may be mutually agreed to in writing by both parties for the
purpose of determining the volume and quality of wastewater
entering the Fort Worth System. Customer agrees to disconnect
from its system any industrial user found to be in violation of
allowable discharges or who refuses access to its facilities for
the purpose of sampling wastewater being discharged into the
Customer System; provided, however, that said disconnected
industrial user shall be afforded the same rights, privileges of
appeal and deficiency cur~ periods as are industrial users
operating within Fort Worth's jurisdiction.
9.4 Following notice to the Customer by Fort Worth, Customer
grants to Fort Worth the right to enter Customer's jurisdiction
if Fort Worth determines that questionable discharges or
prohibited discharges are entering the Fort Worth System
emanating from the Customer System. Customer agrees to assist
Fort Worth in locating and eliminating such prohibited
discharges.
10. Wastewater Quality
10.1 Customer agrees that on or before thirty (30) days from
date of execution of this contract it shall enact and cause to be
enforced an ordinance enabling Customer to enforce within its
jurisdiction regulations governing industrial waste that are at
least as stringent as the provisions of the current Fort Worth
Ordinance No. 8895 and any necessary and reasonable amendments
thereto, (attached hereto and marked as Exhibit II .. and made a
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part hereof for all intents and purposes) and state and
applicable federal regulations relating to 1) discharged
substances; 2) prohibited discharges; 3) pretreatment
requirements; 4) industrial discharge permitting system; and 5)
industrial self-monitoring reports. Customer agrees to enact and
enforce ordinances or any amendments to Ordinance No. 8895, or
any future ordinances relating to industrial discharges,
prohibited or controlled wastes or pretreatment requirements and
such amendments and future ordinances shall become incorporated
as additional exhibits to this contract; provided, however, Fort
Worth shall provide Customer with a copy of such proposed
ordinances or amendments at least sixty (60) days prior to the
presentation of such ordinances or amendments to the Fort worth
City Council during which time Customer shall have an opportunity
to review same. Customer shall adopt and enforce such proposed
ordinances or amendments no later than the effective date of the
Fort Worth ordinance or amendment.
10.2 Customer agrees that the quality of the wastewater
discharged into the Customer System shall be equal to or better
than the quality standards established by Fort Worth Ordinance
No. 8895, or any amendment adopted pursuant to Section 10.1.
10.3 Customer shall require all significant industrial users
within its jurisdiction that ultimately discharge into the Fort
Worth System to apply for and obtain a permit from Customer
allowing such discharge. Such permit shall require industrial
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users to abate" prohibited substances from their discharge as a
condition to discharging wastewater into the Customer System. The
permit application shall contain, as a minimum, the following:
1. Name and address of discharger;
2. Agent for discharger;
3. Type of industry;
4. Products produced or services rendered; and
5. Chemicals being stored and/or used.
Customer ~hall provide Fort Worth a copy of such application~and
permit, if issued, within fourteen (14) days after issuance.
11. Resale of Wholesale Wastewater Services
11.1 Customer may provide wastewater services to wholesale
customers upon the recommendation of the Wastewater System
Advisory Committee with prior written notice to and consent from
the Director, said consent not to be unreasonably withheld.
Customer shall provide the Director a copy of the proposed
contract with its wholesale customer as part of Customer's
written notice to the Director.
11.2 If Customer provides wastewater services to wholesale
customers, Customer shall require its wholesale customers to
comply with Sections 9, 10 and 28 of this contract and to enact
and enforce any and all necessary ordinances.
12. 'Infiltration and Inflow
Customer agrees that it has an obligation to prevent
infiltration and inflow into its System and then into the Fort
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Worth System. Customer further agrees that all sewer connections
within its jurisdiction which ultimately enter into the Fort
Worth System will be constructed in accordance with applicable
specifications and standards at least equal to those of the Fort
Worth Water Department. Further, Customer covenants and agrees to
maintain strict supervision and maintenance of its System to
prevent connections through which surface drainage can enter
ultimately into the Fort Worth System. Customer shall not make,
nor shall it permit to be made, any connection which will
contribute storm water run-off from rainwater spouts, rainwater
areas, streets, gutter drain or other source into its sanitary'
sewer system.
13. Sludge Disposal
Customer recognizes the importance of utilizing sludge in a
timely and proper manner. Customer will cooperate with Fort Worth
in any environmentally sound sludge utilization program meeting
federal and state standards within the area served by Customer.
14. Wastehaulers
Customer agrees to adopt the North Central Texas Council of
Government's model ordinance, or one similar to it, regulating
liquid wastehaulers within Customer's service area. At a minimum,
such ordinance shall require liquid wastehaulers to be permitted
and provide for a manifest system. Further, said ordinance shall
prohibit the introduction of liquid waste into the Customer
System, directly or indirectly.
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15. Assistance
15.1 In the event Customer requests assistance with its
System, Fort Worth may, at its option, assist Customer. Customer
agrees to pay Fort Worth its actual costs incurred, including,
but not limited to, labor and material expended. Nothing herein
shall be construed to require Fort Worth to assist Customer. Such
costs will be invoiced to Customer and payment made within ten
(10) days after receipt of invoice.
15.2 In the event Fort Worth requests assistance with its
System, Customer may, at its option, assist Fort Worth. Fort
Worth agrees to pay Customer its actual costs incurred,
including, but not limited to, labor and material expended.
Nothing herein shall be construed to require Customer to assist
Fort Worth. Such costs will be invoiced to Fort Worth and payment
made within ten (10) days after receipt of invoice.
16. Payment and Finance Charge
The parties hereto agree that the failure to make any
payments within the times provided for herein results in
additional cost to the party to be paid; therefore, the parties
agree that any payment required herein not made within thirty
(30) days of the billing date shall be subject to a finance
charge of ten percent (10%) per annum to be calculated from the
date which the payment was required to be made.
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17. Reports and Records
If requested by the Director, and/or Customer, the other
party shall provide quarterly the following data:
A. Actual number of customer accounts discharging
directly or indirectly into the Fort Worth System
and/or Customer System within its service area;
B. Classification of domestic and nondomestic accounts
within its service area by number and percentage of
accounts discharging directly or indirectly into the
Fort Worth System and/or Customer System within its
service area.
C. Additional data which may assist Fort Worth and/or
Customer in developing methodology for cost of service
studies, planning studies for analyzing federal
grants, and system access fees; provided, however,
that neither party shall request data that will
require either party to incur unreasonable expenses in
providing such data.
18. Notices
Any notice, communication, request, reply or advice herein
provided or permitted to be given, made or accepted by either
party to the other party must be in writing to:
City of Fort Worth:
Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
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Customer:
The parties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
19. Inspection and Audit
Complete records and accounts required to be maintained by
each party hereto shall be kept for a period of five (5) years.
Each party shall at all times, upon notice, have the right at
reasonable times to examine and inspect said records and accounts
during normal business hours; and further, if required by any
law, rule or regulation, make said records and accounts available
to federal and/or state auditors.
20. Consent
20.1 Whenever, under the terms of this agreement, Fort Worth
is permitted to give its written consent or approval, Fort Worth,
in its discretion, may give or may refuse such written consent or
approval and, if given, may restrict, limit or condition such
consent or approval in any manner it shall deem advisable;
however, consent will not be unreasonably withheld.
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21. Waiver, Remedy, Severability
21.1 No waiver by either party hereto of any term or
condition of this agreement shall be deemed or construed to be a
waiver of any other term or condition or subsequent waiver of the
same term or condition.
21.2 In addition to any other remedy as may be provided by
law, this agreement shall be specifically enforceable by the
parties hereto. Venue for any action shall be in Tarrant County,
Texas.
21.3 It is agreed that, in the event any term or provision
herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of such term or provision shall in
no way affect any other term or provision contained herein;
further, this agreement shall then continue as if such invalid ~
term or provision had not been contained herein.
22. Ownership and Liability
22.1 No provision of this agreement shall be construed to
create any type of joint or equity ownership of any property, any
partnership or joint venture, nor shall same create any other
rights or liabilities and Customer payments (whether past,
present, or future) will not be construed as granting Customer
partial ownership of, pre-paid capacity in, or equity in the Fort
Worth System.
22.2 Liability for damages arising out of the
transportation, delivery, reception, treàtment, and/or disposal
of all wastewater discharged into the Fort Worth System shall
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remain in the Customer, together with title thereto, until such
wastewater passes through the point of connection to the Fort
Worth System, at which time liability for such damage shall pass
to Fort Worth, save and except that title to any prohibited
discharge and any liability therefor shall not pass to Fort
Worth unless such prohibited discharge originated in the Fort
Worth System. Further, the parties hereto agree to indemnify,
save and hold the other party harmless from any and all claims,
demands, causes of action, damages, losses, costs, fines and
expenses, including reasonable attorney's fees, that may be
asserted by anyone at any time on account of the transportation,
delivery, reception, treatment and/or disposal while title to the
wastewater is in such party. If such liability for damages is
not attributable to a specific customer or Fort Worth, such
liability becomes a Fort Worth expense.
22.3 Contracts made and entered into by either Customer or
Fort Worth for the construction, reconstruction or repair of any
delivery facility shall include the requirements that the
independent contractor(s) must provide adequate insurance
protecting both the Customer and Fort Worth as insured. Such
contract must also provide that the independent contractor(s)
covenant to indemnify, hold harmless and defend both the Customer
and Fort Worth against any and all suits or claims for damages of
any nature arising out of the performance of such contract.
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23. Compliance with Permit Conditions
Customer acknowledges that Fort Worth is the holder of
discharge permits issued by the United States and the State of
Texas. Customer agrees that it will comply with all permit
conditions in any way relating to the collection system and the
discharge into the collection system. Customer agrees, that in
the event a fine is assessed against Fort Worth for any violation
of any permit condition, and the violation is attributable to any
act of omission or commission by Customer, to indemnify Fort
Worth and pay to Fort Worth the amount of such fine. If such
fine is not attributable to a specific customer, such fine
becomes a Fort Worth expense.
24. Life of Contract
The life of this contract shall be thirty (30) years from
the date of its execution and thereafter shall be subject to
renegotiation between the parties hereto.
25. Force Majeure
No party hereto shall be considered to be in default in the
performance of any of the obligations hereunder (other than
obligations of either party to pay costs and expenses) if such
failure of performance shall be due to an uncontrollable force
beyond the control of the parties, including but not limited to,
the failure of facilities, flood, earthquake, tornado, storm,
fire, lightning, epidemic, war, riot, civil disturbance or
disobedience, labor dispute and action or non-action by a failure
to obtain the necessary authorizations and approvals from any
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governmental agency or ,authority or the electorate, labor or
material shortage, sabotage, or restraint by a court order or
public authority, which by the exercise of due diligence and
foresight such party could not have reasonably been expected to
avoid and which by exercise of due diligence it shall be unable
to overcome. Either party rendered unable to fulfill any
obligation by reason of an uncontrollable force shall exercise
due diligence to remove such inability with all reasonable
dispatch.
In the event the proper operation of the Fort Worth System,
as a result of the above, requires Fort Worth to temporarily
interrupt all or part of the services to Customer, no claims for
damage shall be made by Customer against Fort Worth. Fort Worth
will exercise its best efforts to insure that such interruptions
will not adversely affect the health and welfare of Customer's
residents.
26. Termination
This agreement may be terminated in whole or in part by the
mutual consent of Customer and Fort Worth. Notwithstanding
anything contained herein to the contrary, any material breach,
by either party hereto to perform any of the duties or the
obligations assumed by such party hereunder or to faithfully keep
and perform any of the terms, conditions and provisions hereof
shall be cause for termination of this agreement by Fort Worth in
the manner set forth in this paragraph. Fort Worth shall deliver
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to Customer ninety (99) days prior written notice of its
intention to so terminate this agreement if Customer fails to
cure, adjust or adjust such material breach, including in such
notice a reasonable description of the breach. If within said
ninety (90) days Customer shall fail or refuse to cure such
default to the satisfaction of Fort Worth, then and in such
event, Fort Worth shall have the right with six months advance
written additional notice to Customer and without any liability
whatsoever on the part of Fort Worth to declare this agreement
terminated. In the event of termination of this agreement, all-
rights, powers, and privileges of Customer hereunder shall cease.
and terminate and Customer shall make no claim of any kind'
whatsoever against Fort Worth, it agents or representatives, by
reason of such termination or any act incident thereto, provided _
Fort Worth acted reasonably and such termination was not
unreasonable, arbitrary and capricious. Fort Worth shall advise
Customer in writing immediately upon acceptance of the cure of
any default.
The following breach, default or failure to perform a duty
or obligation shall be considered to be a material breach:
a. Failure to adopt and enforce any ordinance required to
be adopted and enforced herein;
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April 16, 1987
b. Failure to make any payment of any bill, charge or fee
as provided for in this agreement;
c. Making any connection to the Fort Worth system as any
point except as provided in Section 2.2 hereof;
d. Failure to provide Fort Worth ingress and egress for
purposes of sampling and operation and maintenance of
any metering or any sampling facility;
e. Failure to provide Fort Worth rights-of-way as
required herein;
f. Failure to permit any sampling of wastewater as
provided for herein;
g. Failure to disconnect industrial users of Customer
persuant to Section 9.3;
h. Failure to maintain the quality of discharge as
required in Sections 10.2 and 10.3;
i. Failure of Customer to comply with Section 11.2
hereof;
j. Failure of Customer to comply with Section 23 hereof.
In the event of any other nonmaterial breach, default or
failure to perform duties under this agreement, Fort Worth shall
deliver to Customer sixty (60) days advance written notice of
such default. If Customer fails to cure such breach, default or
failure, then Fort Worth shall give Customer written notice of
such failure to cure and may surcharge Customer Five Thousand
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April 16, 1987
Dollars ($5,000) per month until such time as Customer cures such
nonmaterial default.
Any failure by Fort Worth to so terminate this agreement or
the acceptance by Fort Worth of any benefits under this agreement
for any period of time after such material breach, default or
failure by Customer shall not be determined to be a waiver by
Fort Worth of any rights to terminate this ~greement for any
subsequent material breach, default or failure.
Any failure by Customer to so terminate this agreement or
the acceptance by Customer of any benefits under this agreement
for any period of time after such breach, default or failure by
Fort Worth shall not be determined to be a waiver by Customer of
any rights to terminate this agreement for any subsequent
material breach, default or failure.
27. Regional Wastewater Authority
In the event Fort Worth is designated as a regional
wastewater authority or agency by a duly authorized regulatory
body, or if Fort Worth should elect to contract with or assign
this contract to a regional wastewater authority to provide all
or part of the services covered by this agreement, the parties
hereto agree that any such regional wastewater authority may, by
way of assignment of this agreement, assume the same obligations
and receive the same benefits as Fort Worth. Customer hereby
grants to Fort Worth the specific right to assign this agreement
subject to the provisions of this section.
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28. System Access Fees
28.1 Customer agrees to pay to Fort Worth on a quarterly
basis a charge for each new or enlarged connection for wastewater
service made within Customer's jurisdiction served by the Fort
Worth system, with the first payment being due on October 31,
1987 to include changes incurred through September 30, 1987. The
charge to Customer for such connection shall be based upon the
size and type of connection and shall be equal to the charge
imposed for the same size and/or type of connection made within
the jurisdiction of Fort Worth. The charge for each size and/or
type of new connection shall be equal to those as contained in
Fort Worth Ordinance No. 9853, Wastewater System Facility .Access
Fees, or any amendment thereto.
28.2 Fort Worth agrees that all monies remitted to it
pursuant to this section will be placed in a separate account to
be used exclusively for treatment plant and meter and sampling
system general benefit improvements, and will not be used for
operation and maintenance expenses or collection system
improvements. Such funds and all interest earned thereon will be
considered a "contribution" for rate setting purposes only. .
28.3 Customer shall provide to Fort Worth such information
that relates to the making of new and/or enlarged connections
within its jurisdiction as may be requested by the Director,
including but not limited to building permits, with each
quarterly payment required in this section.
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28.4 Fort Worth will cause to be deposited into the proper
revenue account the appropriate charge as provided for in Fort
Worth Ordinance No. 9853, or any amendment thereto or any future
ordinance for each new or enlarged connection for wastewater
service made within Fort Worth's jurisdiction.
28.5 There is hereby created and established a Wastewater
System Access Fee Advisory Committee whose purpose shall be to
consult with and advise Fort Worth, through the Wastewater System
Advisory Committee, on matters pertaining to the methodolgy
calculating access fees and amendments to Fort Worth Ordinance No.
9853. Said Committee shall be composed of nine (9) members,
three (3) of which shall be members of, and appointed by, the
Fort Worth City Council. The remaining six (6) members shall be
members of the City Council of Customers and shall be appointed
by the Tarrant County Mayor's Council. The Chairman of said
committee shall be a Fort Worth member elected by the membership
of the committee at its first, annual called meeting. All
committee members shall serve terms of one year but may be
reappointed by the appropriate bodies for subsequent terms. On
an annual basis beginning with the first meeting of the calendar
year the committee shall consider adjustments to the access fee
amounts and the administration of such charges and make
recommendations, through the Wastewater System Advisory
Committee, for amendments or adjustments to Fort Worth City
Ordinance No. 9853.
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29. Wastewater System Advisory Committee
Customer's governing bOdy shall annually appoint a
representative to be a voting member of the Wastewater Advisory
Committee which Committee is hereby created and established and
whose purpose shall be to consult with and advise Fort Worth,
through the Director, on matters pertaining to planning,
improvements, grants, rate studies, budgets, administration, and
~~\,additional wholesale customers, whether aame be wholesale
Ah-:
b~ customers of Customer or Fort Worth. Said Committee, at its
first meeting, shall elect a Chairman, Vice-Chairman and
Secretary. The Committee may establish bylaws governing the
election of officers, meeting dates and other matters pertinent
to its functioning.
30. Effective Date
This contract, together with all terms and conditions and
covenants, shall be effective
31. Miscellaneous
31.1 This agreement terminates that certain contractcs)
known as Fort Worth City Secretary Contract No. , between the
parties. Other agreements between the parties are made a part of
this contract and are attached as Exhibits" H In the event a
conflict shall arise between this agreement and said exhibits
, this agreement shall have precedence.
31.2 This agreement is subject to all applicable federal and
state laws and any applicable permits, ordinances, or amendments
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adopted pursuant to Section 10.1 rules, orders and regulations of
any state or federal governmental authority having or asserting
jurisdiction, but nothing contained herein shall be construed as
a waiver of any right to question or contest any such law,
ordinance, order, rule or regulation in any forum having
jurisdiction.
31.3 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
federal regulations.
31.4 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bearing proper credentials and
identification shall notify Customer of need for access to any
premises located within Customer's city limits or served by
Customer as may be necessary for the purpose of inspections and
observation, measurement, sampling and testing and/or auditing,
in accordance with the provisions of this contract. Customer may
elect to accompany the Fort Worth representative. To the extent
permitted by law, Fort Worth agrees to indemnify Customer for any
damage or injury to person or property caused by the negligence
of such dUly authorized employee while such employee is in the
course and scope of his employment.
31.5 In each instance· herein where reference is made to a
federal or state regulation, it is the intention of the parties
that, at any given time, the current federal or state regulation
shall apply. If a publication or reference work referred to
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herein is discontinued or ceases to be the generally accepted
work in its field, or if conditions change, or new methods or
processes are implemented by Fort Worth, new standards shall be
adopted which are in compliance with state and federal laws and
any valid rules and regulations pursuant thereto.
31.6 Fort Worth must comply with all federal, state and
local government requirements to obtain grants and assistance for
system design, system construction and studies. Customer agrees
to assist Fort Worth in compliance by setting adequate rates,
establishing proper user charges and complying with governmental
requirements.
31.7 Section headings in this agreement are for convenience
only and do not purport to accurately or completely describe the
contents of any section. Such headings are not to be construed as
a part of this agreement or any way defining, limiting or
amplifying the provisions hereof.
31.8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator, the following procedure
is to be followed. The party requesting that the dispute be
settle by arbitration shall serve on the other party a request in
writing that such matter be handled by arbitration. Customer and
Director shall mutually agree in writing on the selection of a
impartial arbitrator. Such agreement shall be made within ten
(10) days from the date that the request for arbitration is
received. If an agreement is not reached on the selection of the
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impartial arbitrator on or before the tenth (10th) day after the
date that notice is received, the Director shall immediately
request a list of seven qualified neutral arbitrators from
American Arbitration Association of Federal Mediation and
Conciliation Service, or their successor in function. The
Customer and Director may mutually agree on one of the seven
;
arbitrators on the list. If they do not agree within five (5)
working days after the receipt of the list, Customer and Director
shall alternate striking a name from the list and the name
remaining shall be the impartial arbitrator. Customer and
Director shall mutually agree on a date for the arbitration
hearing. The decision of the arbitrator shall be final, and
judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ATTES'r:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Date:
City Attorney
45
CITY OF FORT WORTH
By:
City Manager
Date:
By:
City Manager
I
CITY OF
NORTH RICHLAND HILLS
Department:
Finance
Council Meeting Date:
4/27/87
General Fund User Fee Study
Agenda Number:
GN 87-34
The City Staff is currently in the process of preparing the proposed 1987/88 fiscal
year budget. As part of that process, the revenues for the General and Utility Fund
should be analyzed to determine what fee adjustments would be necessary to recover
actual costs (both direct and indirect).
The City will have the new library and recreational facilities coming on line in the
immediate future that will provide cultural, recreational, and craft classes for all of
our citizens. Additionally, the new police vehicle impoundment area is scheduled for
completion in late May. These are new areas and a fee structure should be established
by City Council.
A preliminary review by Mr. Lewis McLain has indicated that a conservative estimate of
additional new revenues that should be available are as follows:
A. Recreational Fees
B. Library Fees
C. Building Related Fees
D. Animal Control Fees
E. Vehicle Impoundment Fees
$ 24,000
16,000
30,000
15,000
18,000
Estimated Additional Fees
$103,000
In addition, a detail study will be completed to determine a reasonable rate of return
on the City's investment in the Utility Fund. According to our Financial Advisers and
Bond Council this is a common practice of most Texas Cities. It is their opinion that
the rate of return should be well documented and based on a professional analysis. The
rate of return has been estimated to be approximately $400,000 annually.
We have been advised by Mr. Lewis McLain that work on the study will commence
immediately upon approval by City Council. That preliminary estimates will be
available for the early budget policy meeting and the completed study will be presented
at the City Council budget retreat in August.
Mr. Lewis McLain with the firm of Administrative & Fiscal Consulting Service, Inc. has
proposed to do the necessary studies for a fee of $21,000. His firm has made similar
studies for the Cities of McKinney, Grand Prairie, Granbury, Carrollton and Garland.
Finance Review
Acct. Number See Above
Sufficient Funds Available
Source of Funds:
Bonds (GO/Rev.)
Operating Budget ~
Oth~r .,¿?
~ //l~~~ô
Department Head Signature
CITY COUNCIL ACTION ITEM
, Finance Director
Page 1 of 2
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Funding Source:
Funds are available in the City Council's Budget Reserve for Contingency and would
require a transfer as indicated below:
FROM:
Budget Reserve for Contingency
01-99-01-5970
$21,000
TO:
Special Services
01-20-01-4800
$21,000
Recommendation:
It is recommended that the special studies be awarded to Administrative & Fiscal
Consulting Services, Inc. and the budget be amended as indicated above.
CITY OF NORTH RICHLAND HILLS
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Lewis F. McLain, Jr.
Administrative & Fiscal Consulting Services, Inc.
2300 Highland Village Road, Suite 240
Lewisville, Texas 75067
(214)221-7591
Ap r ill 7, 1 987
Lee Ma.ness
Director of Finance
P.O. Box 18609
North Richland Hills, TX 76118
Dear Lee:
Thank you for the opportunity to present the procedures
which my firm will perform in the nature of a Comprehensive Fee
Study. The qualifications of Administrative ~ Fiscal Consulting
Services, Inc.· (A~FCS) are well suited for this task as
evidenced by the summary of work experience accompanying this
proposal.
The procedures which wu will take during this assignment
will include: 1> Accepting a previously performed Cost
Allocation study as definitive, 2> Distributing intradepart-
mental costs based on discussions with General Fund department
and division managers, 3> Identifying current status of charges,
4> Establishing levels of direct and indirect costs, 5> Determin-
ing full costs of providing general operating services, 6> Pre-
senting the concepts of cost recovery to management and/or
council, 7> Recommending a fee based on cost and governing
priorities, 8> Presenting to council and staff a summary of
findings and recommendations.
DESCRI~.IO~ ~~ S.E~S
ACCEPTING EXISTING COST ALLOCATION
It is our understanding that a cost allocation study was
recently completed which ~etermined the full amount of indirect
costs of operating departments. We will begin research on the
premise that this allocation is fundamentally accurate and not
subject to reevaluation. This is a major assumption in that it
allows us to reduce the time and effort required to perform that
portion of a fee study. The fact that this has been
accomplished as a separate component of financial planning
should have no bearing on the rationale used in determining
indirect costs.
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DISTRIBUTION OF COSTS WITHIN DEPARTMENTS/DIVISIONS
Once the foundation of the existing cost allocation is
established, we will progress to distributing the total costs of
a department into its functional units. This will be determined
as a result of departmental interviews with each participating
manager. The interviews will identify the allocation of costs
between functions as well as the current and expected level of
services which are the potential basis for charges.
We will design questionnaires and survey handouts which
will assist in the accumulation and analysis of all pertinent
data. The questionnaires and surveys will be distributed to all
concerned department heads for feedback and appointments for
fOllow-up interviews will be made.
IDENTIFYING CURRENT STATUS OF CHARGES
Another result of the departmental interviews is the
identification of what charges are currently being assessed for
services. This allows us to examine the potential impact of
extreme increases or decreases in charges and to present that
comparison to the decision-making authorities for their review.
This phase will include a review of city ordinances which relate
to charges and fees.
ESTABLISHING LEVELS OF COSTS
The total indirect costs for each department will have
already been determined by the aforementioned study. Our
proposed procedure identifies a greater level of detail of
indirect costs for the divisions or functions being evaluated.
The additional overhead costs will include those of departmental
administration, the same in concept as overhead costs of city
administration. Additionally, further indirect costs such as
facility or other capital related costs will be identified to
determine the full costs of providing a service.
These levels of costs are important in that they not only
identify the full cost of service delivery, but they can be used
to establish partial cost recovery. The partial cost recovery
concept is widely used, but net on a cost base, which is the
purpose of this procedure. A cost-based charge, even at a
partial or nominal level is more justifiable than an arbitrarily
selected fee. More explanation for this concept can be found in
the documents which accompany this proposal.
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DETERMINING FULL COSTS OF SERVICE DELIVERY
This phase is an extension of the p~evious one, but ~esults
in a summa~y schedule of the full costs of ope~ating and
pe~fo~ming the functions unde~ ~eview. The p~oduct of this step
will be enhanced by a compa~ison of what the gene~al fund
subsidy would be should no cha~ge be made for a service. Such a
comparison will well equip management or elected officials to
justify various fee implementations on the basis of reducing the
subsidization of users by tax-payers.
PRESENTATION OF COST RECOVERY POLICIES
In a workshop format, we will communicate with the
management and/or governing body those principles which we
believe govern the implementation of user charges and service
fees. The benefits of this procedure are two-fold. One, it
provides the opportunity to expose the staff and council to a
structured, informative envi~onment in which policy decisions
can be made regarding fee implementation.
Second, it allows us to inco~porate those policies into our
model for levels of cost recove~y. This will also p~ovide the
council and staff with an opportunity to look at justifiable
fees that are not p~esently being cha~ged such as in-lieu-of-tax
payments made by the City~s utilities, separate ente~prise funds
which are akin to a private utility.
RECOMMENDATIONS AND FINAL PRESENTATION
The incorporation of local policy into the recommendations
increases the acceptability of the resulting conclusions by the
governing body. The recommendations will be p~esented in a
final presentation in a public forum. The resulting end product
will include those recommendations as well as all conclusions
concerning full and partial costs for every general fund
service. Such full disclosu~e will allow the capability for
future adjustments due to variations in governing policy.
The models constructed will be left with the City for
future updating and modifications. Finally, a preliminary
ordinance will be d~afted which will allow fo~ the fo~malization
of the governing policies. This composite o~dinance, once
adopted, will p~ovide for ease of ~evisions of fees in the
future.
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Assuming immediate approval, we could initiate this project
in early May. It is imperative that we be granted the
authorization to proceed by April 27th in order for us to mesh
this project with other deadlines which will Occur· in the
beginning stages of this task. Also, it will be important to
start in early May to meet the July 17th deadline you gave us.
We will also make ourselves available for the Council workshop
to be held on August 7th. Thi~ assignment can be expected to
consume 10 to 12 weeks of consulting time.
The fee can be expected to approximate $21,000 as detailed
below, but will be the result of ho~ly billing rates applied to
time required to complete the project. Our procedures are to
bill twice a month with remittances due within ten days of
billing. The break-down of consulting time is anticipated as
follows:
Lewis McLain
Becky Brooks
Janet Lauderdale
30 hours
150 hours
150 hours
Q) S100
Q} 60
Q) 60
= $ 3,000
= 9,000
= 9,000
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Estimated costs of service
$21,000
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Average consulting rate
$63. 64/hour-
The phases can be estimated as follows:
Phase 1 Accepting existing study 5 hours = $ 320
Phase 2 Distribution of Costs 246 hours = 15,660
Phase 3 Identifying Current Status 12 hours = 760
Phase 4 Establishing Levels of Cost 30 hours = 1,910
Phase 5 Determining Full Costs 1 hours = 60
Phase 6 Presentation of Policies 12 hours = 760
Pha.se 7/8 Recommendations and Report 24 hours = 1 , 530
-.~----
Estima.ted costs to complete $21,000
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.R~INING O~ PERS~~~~L
The ~bove estimates require little staff assistance with
regards to organizing interviews, collecting data, and assisting
in the compilation of data. You will have the capabilities of
reducing our consulting time if you could appoint a professional
level employee to work with us in a support capacity. Should
this employee also be the one appointed to be trained in the use
of the fee model, you would save costs of additional training
fees.
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Since training of personnel is not included in the above
estimates and will be based strictly on an hourly basis, the
more informed the intended person is throughout the process, the
less training time will be required to educate that person. It
has been our experience Lee, that training requires on-going,
sporadic dedication of our time, which can be requested months
after the project is completed. We feel that this arrangement
is best suited both to the needs of the City and to ourselves.
SUr-1M~R"tt'
You can expect a final report which identifies all of the
general fund services which are bases for potential fees. The
report will include recommendations as to the level of fees as
well as the tax rate equivalent of providing that service. An
ordinance will be drafted, to be formalized by the City
Secretary, for formal adoption and future revisions. Policies
of the governing body related to user charges will be
incorporated into the recommendations and the constructed model,
with the ability to adjust according to changes in policy.
Training will be provided on an as needed basis and is not
wit~in the estimated contract amount.
We feel that these results will benefit the city in
justifying current service fees, in implementing new ones, or in
reducing existing ones. The documentation provided will equip
all facilitators to respond to any resistance because any fee
increases or decreases recommended will have a justifiable cost
base.
Lee, the quality of services proposed herein is that which
has been provided by A&FCS throughout its history in municipal
finance. As you know, we have a list of recurring clientele
which can only come from satisfied clients. You are free to
call any references identified in our Summary of Work Experience
to confirm our dedication to the field. This particular
assignment will again provide North Richland Hills with some
positive recognition because the approach addresses the
political constraints of establishing user charges or service
fees. We hope to be on the leading edge with you as you
initiate this precedent.
Sincerely,
~š 1: IJJc~~,~
Lewis F. McLain, Jr.
President
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.MOTION:
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That the $500.00 per month Car Allowance be discontinued
and replaced by a $5,000.00 per year base salary increase
effective April 15, 1987.
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Rex McEntire
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CITY OF
NORTH RICHLAND HILLS
Public Works 4-27-87
Authorization to Deposit Funds wlth the UlstFïCtCounCil Meeting Date:
Court as Awarded to Mr. B.R. Seale in a Condemnation Agenda Number: GN 87-36
Proceeding - Starnes Road
I.Department:
Subject:
A condemnation hearing was held at the North Richland Hills City Hall on Friday, April
17, 1987 on Mr. B.R. Seale's property at the intersection of Starnes Road and Douglas
Lane.
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We have received word by telephone from the District Co~rt that Mr. B. R. Seale was
awarded $17,000 for his property in the condemnation proceeding. This was the
appraisers estimate of the value of the taking, including the barn, and this is the
amount that had been offered.
We do not have all the paperwork at this time from the District Court, but it should be
available by Monday night.
Recommendation:
The Staff recommends approval of the funding of $17,000 out of the Starnes Road
Right-of-Way Fund to be deposited with the District Court for this award.
Finance Review
Source of Funds: Acct. Number 13-03-86-6050
Bonds (GO/Rev.) ~ Sufficient Funds Available
e Operating Budget -
~~jø~~~ ,¡f¢~-
Department Head Signature I City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
Page 1 of 1
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CITY OF
NORTH RICHLAND HILLS
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Purchasing 4/27/87
Department: _ Council Meeting Date:
Authorize " Open Spot Market" purchasing for Gasoline and
Subject: Asphalt for a period of one year. Agenda Number: PU 87-20
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For the last two years, the City of North Richland Hills has purchased
Asphalt and Gasoline on a "spot market" basis.
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The City Council approved this method again on 4-14-86, (PU86-ll).
The present economic conditions and market environment has not changed
and it would be in the continued best interest of the City to purchase
Asphalt and Gasoline on a "spot market " basis.
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Recommendation: Authorize the Director of Support Services to purchase
Gasoline and Asphalt on the "open spot market" for the term of one
year within our budget limitation and authorize the Director of Support
Services and City Manager to sign for amounts in excess of $5,000.00 for
Gasoline and Asphalt.
Account Number 06-01-03-2960
Account Number 01-60-04-3080
Gasoline
Asphalt
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Finance Review
Acct. Number See Above
Sufficient Funds Available
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. Finance Director
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CITY COUNCIL ACTION ITEM
Page 1 of __
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Purchasing 4-14-86
Authorize t'urchas~ng Agent to purchase ASphal.t and Council Meeting Date:
Gasoline on "Spot Market" in amounts in excess of Agenda Number: PU 86-11
$JJuOO.uu
- CITY OF 1
NORTH RICHLAND HILLS -
, ,
For the last three years, we have advertised and taken bids for Asphalt and Gasoline.
Each year Vendors who bid specify that their bids are based on current market prices and
must reserve the right to increase/decrease as the market does.
The most advantageous way to purchase fuel and asphalt is on "Spot Market". It enables
Purchasing to create a more competitive climate between bidders. In addition to this,
Purchasing subscribes to the Lundburg Survey and we know what "Wholesale", "Rack" and
"Terminal" prices are. In other words, we know what the Vendor's cost is and we can
negotiate the purchase as close to his cost as possible.
On the attached example of Purchase Order 02416 and Requisition R14234, Council, will note
that we obtained "4 bids" and Lundberg Survey shows the "DBP" (Dealer Buyers Price)'..to be
.5707. We purchased the gasoline at .5890, so we purchased the gasoline for .183 cents
over "DBP". The tax amount shown on the Purchase Order is refunded to us by the State. .
:
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and we
COUNCIl. ACTION:
COMMENTS:
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Finance Review
Department Head Signatur
CI Y COUNCIL ACTION ITEM
Acct. Number
S~~!ZdS ~~Iable, _ .
~K7Fz ~ ~~.
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City Manager
See Above
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I AnN:
DATE ORDERED
2-19-86
(.
elty
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of ~orth ~cWand 'Wlls
PURCHASING DEPARTMENT
P.O. BOX 18609
NORTH RICHLAND HILLS, TEXAS 76118
02416
PURCHASE ORDER
VENDOR
Compet~t1ve Fuels. Inc.
DELIVER TO
Fir@ »-pA'rt"'t".Þnt'
407-B Lillard Rd.
~.
7925 MaLn Street
Arl1ugeon. Texas
.- ~
76012
Jamea
461-3835
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DATE REQUIRED
.2-29-86
TERMS
SHIP VIA
Vendor Truck Pull nt. Allowed
-30
Confirmation
RECEIVED COMPLETE
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-lÐoo- GaUoua iegular Gaaol1na .. .5890 . . ..
? :;:~~r:S~1~2 .~J~~~~~= if~~f~~~~~2~~~~~ill:~ T~~~~;:Jfib??~~t:~
..~ ".:.;~:HS:
Gallons Tax .10
_'7:~;á~~~~' :~~;~~~~~~::~2::J:~E~:f~~:tf~::t7'i 1la:a.t2~ ·:ff;.I;7::t"L~~.!:;;¿Z
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QUANTITY
PART #
DESCRIPTION
UNIT COST
TOTAL
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YF:~DOR :'\OTE
ALL 1~\'OICES ~fL'ST BE SENT TO:
PURCHASING AGE~T
P.O. BOX IS6(N
~ORTH RICHLA~D HIllS. TEXAS 76118
ITE~IS PURCH:\SED BY
~IU~ICIP.L\LITIES ARE
EXE~IPT FRO~I FED-
ERAL ~\ND ST.-\ TE Tr\X.
THE CITY" T.-\X NU~t-
SERlS
TOTAL AMOUNT OF P.O.
Februa
DATE
19. 1986
PURCHASE ORDER ~l'\fBERS ~fUST ..\PPEAR O~
ALL P,~CKAGES. PACKING SLIPS. AND INVOICES.
CITY !S ~OT RESPO~SIBlE FOR ~1A TERIAlS
DELIVERED WITHOUT PURCHASE ORDER
REFERE~CE.
.----
1-75-6005194
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PURCHASING AGENT ..
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PURCHASE REQUISITION
R
14234
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DA TE P.o. ISSUED
DATE, ORDE~~
TERMS
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SHIP VIA: - VENDOR TRUCK FULL FRT. ALLOWED
BEST WAY FULL FRT. ALLOWED
BEST WAY PREPAY ADD
UPS PREPAY ADD
BEST WAY PREPAY ALLOW
C.O.D.
OUR PICK UP
SITE WORK
CONSTaUCTION
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SHIPPING POINT
DESTINATION
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BID NO.
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JECIAL INSTRUCTIONS
DELIVERY ADDRESS
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77 . 'I'LI/ IV Al ~.¡ ,
FiR~ Q~~ (
"TATION REQUEST DATE
PURCHASING AGENT
ESTED VENDORS 1.
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DEPT.
HEAD.
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-.~"';. PRICES :::LE:,::;::G PRICE I:T:'G E: :L: ~AXES" U~8RANOED RA:K~ .:N: ~R:N:ED lER":::: :1:FD111~L5~E-lTE ';.'.. ('\
I . LEADED UNLEADED lEADED UNLEADED E .
',.:.,'-.~:.:.::~;..,:'::..-, .'Ac~pEReAGGEIR~YRDCEAIUTY'. MO PRICE CHANGE PRICE CHANGE PRICE CHANGE PRICE CHANGE . PRICE CHANGE
~ ~ DBP 51.65 -2.00 51.65 -2.00 60.65 -2.00
RACK ~5.89 +2.56 ~6.09 +2.16 51.39 +2.1651.60 +3.10
TERM ~6.39 +2.91 ~6.53 +2.91 52.85 +2.3~ 51.99 +3.32
----------------- ------------
- DBP 56.11.. .81 56.61. .81 6~.",1 + .15
RACK ~9.84 - .10 50.09 - .10 61.90 +1.10
TERM 51.63 +1.11 51.80 +1.71 51.80 + .50
~~~-~-~~-~-------~~~
DBP 52.60 +4.00 53.60 +4.00 62.60 .~.OO
RACK 45.69 +2.11 45.18 +2.17 51.71 .3.21
TERM 4S.4~ +2.38 45.56 +2.38 53.01 +2.20
I ----------------------
<:1,:,",.CHARlESlON. SC Ri~K U:Ìl ;~:~~ U:U ;~:~~ U:g~ ;~:~~52.~0:Z:nÅ\'H:\XC:
..'..:.;....,:...:.~...,;.t.'..:~.::;,..;~..._.._;...~..:"';;_..:;f.'._.:,:~.;.~-.:,-.'.'.;........~...:.~~,..'-..,·~~¡~:~~S~P~..wv'-~6:E~ ¡!~:H . 'U:ig ~i~i~5" > :-' !~50:.2~g5 ·~~~i__ ~. ¡i~ii ~;~ii . :~::; .. . ~<::.'.
I ;;.,.'.,;~<;.:- · ¡'CHARLOTTE NC DBP 52.13 '52.83 -'2.60 60.83 ;~:~~ ::::: ~~~·~¡·,:~.~,,:......-...~j.'...t.·.,·.:t.'.;."... L,·:>,'.,", 'i ...'....,:,'.,'
~·:..:'::':7.,~,,~~·.·'..t·:.. .:;':":~'~'''''~;! RACK '.1&.5.80 -.~..6101 '.; L6.08 +2".89 ' .'. ,'-.,.. 50..]0 _. '
' ~, '<~,;,,,,-";.\:~:.
1~·~'ifl'~,;:,,::~~~.TANDOëA; ~~><".~-,:;' ,iiH!~ii iiiii . i!~ii i¡~ii .~~._..{G~:}~}:;: .' ¡i~ii iii¡H;~;:~~t~i;"...'
::~i.,¡¡:,.:,.,. CHICAGO. IL RirK ~::~~ .;~:~¡~Ï:n ;j:n U:U ;~:yg . ~J:~g +3~'~~~':~'~~:::::iF;":>
45.68 +2.06 . '46.11 +2.06 . 53.39 . .1.91·" ..' ~8.11 +2.66 ..'..~:.' "
-------------- -- ..,~~.,:.;
60.51 -~.19 66.87 -3.55 81.00 -1.00 71.09 -4.19 55.90 -2.00 ..
- .13 52.08 - .12 56.50. .50 58.21 - .16 : '40.50 -1.25 ."
--'.60 '., "54.40--- .60-- .~- 60.85 - .40 42.89 -I,.1t3
'.. '.1'5 "'-.. 55.32- .. .15-- - . '-:---'-~-.~,;,-~ - -- "6~.28- +.38
+ .18 41.66. .11 56.60 .1.20 "49.30 +1.43
.. .95 49.68 + .95 51.10 +1.20 ~9.73 +1.65
----~-------.~~
~8.41-~.05 .. 50~~6 ~3.~4· 59.56 -4.~9 -60.10 + .15
~5.59 +3.22 46.09 ·3.22 52.21 +3.23 51.12 +3.36
~~.12 +1.10 "5.08 .1.10 52.01 +1.63 51.0~ +1.25
----~...~-.-._~.---.-.-,~-~--
49.]3 -4.75 52.15 - -4.50 63.05 -~.58 60.00
~"C;,;:". TERH ~~:n :f:1f :~:n a:~f ~~:~1 :f:~f n:~~ :f:8A .. .C-
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----- ------------------ --- ..
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TERN ~5.3~ · .3~ 45.59 + .3~ 52.26 + .26 ~9.2~ +2.00
----------- ---------------------
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TERM ~9.30 +2.1~ ~9.59 ·2.1~ 56.61 +2.69 51.91 +2.52
--------------- -------
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----------- --- ----
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I
CITY OF
NORTH RICHLAND HILLS
Department: Purchasing Council Meeting Date: 4/27 /87
Bid award to Cherne Industries for (1) Step Van with
Color T. v. Sewer Inspection System in the amount of Agenda Number: PU 87-21
$71,270.
On March 12, 1987, at 10:00 a.m., sealed bids were opened for a Step
Van with Color T~V. Sewer Inspection System. A summary of the bids
reviewed is listed below:
Vendor
Exceptions
Amount
Cyclops
Aries
Ques
* Cherne
No Bid
No Bid Bond submitted -
1
8
No Bid
Not accepted
$ 87,900
71,270
Explanation of Exception's
Ques: Bid both single line conductor and multi-line conductor cable.
Our specifications called for single line; however, after several demon-
strations and research, staff decided the multi-line is acceptable and
considerably less expensive.
Cherne: All (8) of Cherne's exceptions are acceptable or surpass our
specifications.
Attached is a graph illustrating the results of the evaluation conducted
by the selection committee.
I
I
Recommendation: Award bid to the lowest bidder, Cherne Industries for
the Step Van with Color T.V. Sewer Inspection System in the amount of
$ 71,270.
,
I
Finance Review
x
, Finance Director
-A
City Manager
ITY COUNCIL ACTION ITEM
Page 1 of
I
CITY OF
NORTH RICHLAND HILLS
D Purchasing 4/27/87
epartment: _ Council Meeting Date:
Extend present contract with Badger Meter for an
ubject: annjt;oo.<ll ypa-r: Agenda Number: PU 87-22
Badger Meter, Inc., has been low bidder on our meter requirements for
the last three years. Their product has proven to be of a superior
quality and their service record is outstanding.
As the attached letter indicates, Badger is extending their current
pricing even though their costs have increased through another
contract year.
Recommendation: Defer bid solicitations on meters and extend our
present contract with Badger Meter for an additional fiscal year
4-27-87 to 4-27-88.
---L-
Finance Review
Acct. Number 02-11-01-6725
unds Available
. Finance Director
CITY COUNCIL ACTION ITEM
-
Page 1 of
. . CITY OF . '1
NORTH RICHLAND HILLS
Subject:
Purchasing
B1d award to Badger Meter Go. tor Annuai
supply of water meters.
- " '4-14-86
Council Meeting Date:
Agenda Number: PU 86-12
On March 25. 1986 at 10:00 A.M. bids for the above mentioned items were opened and are
outlined below.
... .'. ~
Vendor
,. ,..' '.
Amount
....l· ~
Warrantl
5/8" X
, ~ . l ,:
_', 25 Ye;;~-.i~[,;·~_
' '/',',:: ¡. .
, ':.-,/:e,-¡š Year~"'-_/\,
. . ~~ .' f ','\' .
-; '/~ ~ ':',." ":';>.:/</,~,;'" ~': ,
" -::,' 15 Years "',>;:~;'"
. ." , '.' '. ;. -.;. .'. . '. ", ~ ~
,,",', /.....'~.~<~,: ~-::~:' - ·::~(':i;~',:'.,-'
,.- :0::
~ 1 ~,.I"'r
, .....,', .'-~"';'~"" ", .
," .
: (~;, . {;" . ", . '., :.0:
: J,';\::~J?Ð[~~:;~::·Þ.<:·:;"
':< Vendor D:
:~~i:!I}~r~-~
'/~~':,V~ndor E:
,.
Meets all Specifications and is low bidder all size meters· (Badger Meters'¡;A>,¡',
has been low bidder for the last two years meters
superior in workmanship and quality).
Meets all Specifications 100% is low bidder only on the 5/8" X 3/4" meters.
",:, »j~,:', :,;;,~ \.: ,-
-,
Does not meet Specifications. Our specification is written around the
American Water Work Association Standard C-700-77 Positive Displacement.';:' -'\:,j~;~
Vendor F has bid a multi jet meter which meets American Water Works Association;";'F
Standards C 708-82 (this Vendor is low bidder on all Meters). . . : ;,>..,; ,,' ,\,,',~,,:
.. . ~ . ~ ..' ..
" /',~..,<,';,.,~ ><:.~ : .'
. ' ;. ~ I'" .\~,r ":~ '.
.,. '. ",
Source of Funds:
Bonds (GO/Rev.)
) Operating 8 et
_ Other
--X-
Finance Review
Acct. Number
SUffiC~d.
~
Department Head Signatu e
C TY COUNCIL ACTION ITEM
PaQe 1 of 2
~' ,x' ~
I·~· /.-
~~/' ,
/'
I'
I
I·
I"
I·'
I',"""""".
- "
'O" . .-" ~ :". .
1·,'·:·:.':·.·· '.
.. .
;' .-,:-
........ :
. ,:.-
. - ..
w-, . ..,
_I" "-." ....
-.. .... ~
....;
..' 1: :.
,~
,
have researched the Positive Flow and the Multijet. We are both
. cònvinced that the Positive flow meter is by far the Superior meter which is the reason
that we used Specification C- 700-77.
, -
Award *Badger Meter the annual contract to supply the City of North
Richland Hills water meters at the price listed in an amount not to
exceed Budgeting Limitation.
, )
, ,-
. ..... "
I'
',',\:, I
.. .' i
DATE: ¿¡ - Ie¡ -£'~ DEPARTMEN@.Mch·
T~. lj/Jui~ FROMð.l~ //¡~J' ....
SU ECT: ~ fIP -I do . .
DISAPPROVED I
. . .' 'I ~ ~
CITY OF NORTH RICHLAND HILLS
-
-
CITY OF
NORTH RICHLAND HILLS
Department: Purchasing _ Council Meeting Date: 4/27/87
Award bid to G. Madison Co. for Library Shelving and Furniture
Subject: in the amount of $94,989. Agenda Number: PU 87-23
On March 19, 1987, sealed bids were opened for Library Shelving
and Furniture. A summary of the bids is as follows:
Vendor II Exceptions Amount
Talon Sales 1 0 $109,652.50
Library Interiors 2 22 92,041.50
B & I Interiors 3 8 83,557.66
G. Madison Co. 4 0 105,989.00
G. Madison Co. ( Alt. bid) 0 94,989.00
Vendor #1, Talon Sales, met all specifications and was high bidder.
Vendor #2, Library Interiors, failed to bid on 22 out of 26 items.
An alternate bid on "item X " would reduce their total bid to
$81,341.50. However, the 22 items Library Interiors did not bid
are considered exceptions which would make it economically unrealistic
to consider this bid.
Vendor #3, B & I Interiors, did not bid on (8) items. These 8 items
are considered to be exceptions. Items X,y & Z, shelving and lighting
total $56,914.20, which indicates B & I Interiors are low bid in this
category. However all other items purchased from another vendor would
total $39,883.73. Add these two figures and our cost would exceed
$96,797.93 if the bid were awarded to B & I Interiors.
Vendor #4, G. Madison Co., bid the entire package with no exceptions.
Their alternate bid is Aetnastak shelving and meets specifications.
In addition, G. Madison Co. is discounting $2,750. if they are awarded
the entire bid.
Recommendation: Award bid to G. Madison Co. for Library Shelving
and Furniture in the amount of $ 94,989.
x-
Finance Review
Acct. Number 13-50-85-6500
Funds Available
. Finance Director
CITY COUNCIL ACTION ITEM
Page 1 of
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\\
I
CITY OF
NORTH RICHLAND HILLS
Department: Purchasing _~ Council Meeting Date: 4/27/87
Change order to T.W. Gilmore and Calvin Baker a ~01nt Venture
Subject: in the amount of $26,734. for improvements to Auto Pound. Agenda Number: PW 87-15
On April 13, 1987, City Council was advised of the need to improve
the Auto Pound before opening. After careful research staff has
determined the best approach to EPA guidelines and observing other
City's facilities ( Arlington, Grand Prairie, Fort Worth) is to concrete
7,289 sq. feet, curb around the whole pound 312 ft. and lay in 17,820
sq. ft. of flex base and crushed lime stone.
The 7,289 sq. ft. will be for the storage of non-wrecked and late
model auto's and motor cycles, the 17,820 sq. ft. of flex and lime stone
will be for the storage of wrecked, abandoned cars and motorcycles,
that are prone to leak oil, anti freeze and transmission fluid (the
leaking will be absorbed by the lime stone).
The curbing will hold the flex base and lime stone in place
and add to the security of the compound by not allowing anyone to enter
under the fence.
The cost for improvements is $26,734.
Recommendation: Authorize the Director of Support Services to issue
a change order in the amount of $26,734. to T.W. Gilmore and Calvin
Baker a j oittt venture as outlined above.
~
Department Head Si
Finance Review
Acct. Number 13-90-01-6150
SUffiC"undS Available
~ ~C2. - ~ 1t ...........
- -;2j1~~
, City Manager
, Finance Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
ature
CITY COUNCIL ACTION ITEM
Page 1 of