HomeMy WebLinkAboutCC 1981-02-23 Agendas T
DATE: 2-18-81
SUBJECT: Perma-Steel Construction
DEPARTMENT: City Manager
BACKGROUND: As discussed in Council work session on Feb. 2. and Council
meeting of Feb. 9, Mr. Bob Ash needs decision if he-may proceed with construction
of Single-family and Multi-family homes using unique construction methods which
were briefed to the Council.
As instructed by the Council, 16 property owners were notified in writing of
Mr. Ash's intent to vary from the Brick Ordinance (attached) and construct
Multi-family dwellings in the College Hills Addition.
In addition 4 citizens were personally visited by the city staff for their
comments. The following is (summary of their comments:
Mr. Wade, Fort Worth Christian - had nonnative comments.
Mrs. Perkins, No negative comments - do not necessarily want apartments but
had no obejctions to this particular type - ratherlik'ed this design.
(OVER)
CITY COUNCIL ACTION REQUIRED: Approve or deny permission to construct
homes using derma-steel construction.
s
BUDGETED ITEM: YES N/A NO _
ACCOUNT NUMBER: N/A _
FEBRUARY 23, 1981 COUNCIL MEETING
Forum Insurance Company
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Executive Offices: <9
140 South State Street, Chicago, lllino~· 6Osq,r' Q.-
Telephone (312) 621-6000 ' I) ~~.
February 9, 1981 V'j
(
M. E. Riddle - City Mgr.
Ci ty of No. Richard Hills
7301 N. E. Loop 820
No. Richland, TX 76118
RE: Claim No: 71CP-26
~~:~::~ : ~~ITl~~=O i. R~:;and s ~ ~V'\.
Pol1cyNo: v-a
Dear ::~::d::~~tible: ~~
The above capit¡oned matter has been concluded. Pursuant to
the terms of the policy contract issued to you by the Forum
Insurance Company, we are at this time requesting payment
in the amount of $1,000.00.
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This figure represents the amount incurred for the defense
of this claim. Since this expense payment falls within the
limit of 'your deductible, we are requesting reimbursement
of the entire amount paid out.
We have enclosed an photostatic copy of the draft to verify
our expenditure.
Please issue yout 'draft payable to Forum Insurance Company
in the amount of $1,000.00 at your earliest convenience.
For your convenience we are enclosing a stamped self
addressed envelope. In the event any future correspondence
with this office is required, please make reference to our
post office box number, P.O. Box 87439. Trusting, we will
hear from you in" the near future, 1M remain
Very truly yours ~
". .
/7A1
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Barbara Gerbe
Claim Department
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Encloaure
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City of 5Xõrth Richland Hills, Texas
TO: Chuck ~~i 11 i ams, City Manager DATE: February 19, 1981
FROM: Dennis Horvath, Asst. City Manager REF: AC~1M-0005-8l
SUBJECT: Right-af-Way Acquisition from Alan Hamm
On February 18th, I had a long discussion with Alan Hamm regarding the
acquisition of right-of-way along Rufe Snow Drive. He was very upset
at our assessment policy and specifically our assessment for the off-
site storm drainage along Buenos Aires. He was very negative regarding
any assessment by the City.
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At this time he has hired an engineering firm, I assume to propose an
alternate drainage system from the KEF proposal.
His lawsuit on Davis Blvd. along with his general dissatisfaction with
the Rufe Snow project will certainly delay indefinitely the acquisition
of alJ the ROW needed for Phase I of the Rufe Snow project. He will
not negotiate any ROW offer until his drainage assessment problems
are resolved.
As a general update, I have signed contracts from E-Systems, Roger Brooks,
and Cary Vollentine and have commitments from TESCO and Clark Brothers
(Jess Prideaux's property - 75% of needed ROW). I have some problems
with Donald Kerr, Crossroads and Alan Hanm. At this time, Alan Hamn
seemingly is the major roadblock.
I believe we should f)robably discuss this with the Mayor and Rex.
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(817) 281'0041 / 7301 N.E. LOOP 820 / P. O. BOX 13305 / NORTH RICHLAND HillS, TEXAS 76118
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Suin 100 729 Itdføm-Eulus Raad 1B!St
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(311) 263-1511
(817) 282-9311
February 9, 1981
Mr. Chuck Williams, City Manager
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
RE: Drainage Assessments
Dear Chuck:
This is· in response to your question regarding whether the City may
assess property for drainage improvements.
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The authority of a city to make assessments against property is
governed by State statute. The only statute which deals with drainage
assessments is Article llOSB, V.A.C.S., Section l(a). A copy of such
Section is attached. As you can see, such statute authorizes assess-
nlents for "drains and culverts" if they are "appurtenant and incidental'!
to improvement, of a street or curbs or gutters.
There appears to be no court cases which have interpreted to what ex-
tent a drain or culvert may be "appurtenant anà incidental" to a
particular street improvement. This would be a factual determination
to be made in each individual case. At the very least, it would appear
that the drainage work must be at the same time and in conjunction with
street improvèment. 4t i$ evident that doing drainage work separate
and apart from a strèet improvement would not allow property to be
assessed for SUCh'\&lOrk.
Should you rieed anything further, please do not 'hesitate to call me.
Sincerely,
-LA
Terr~~eaCh
TRL:tz
Enclosure
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CITIES, TOWNS AND VILLAGES
Tit. 28
remove all structures and to condemn any property then within such
line, and to assess benefits against property owners and their property
benefited thereby, provided, however, that all owners of property so
affected shall receive due notice and hearing in the manner then pro-
vided by law in the determination of the additional damages then sus-
tained by the removal of such structures or the taking of land. then
within the building line and in the determination of benefits to be as-
sessed against property owners affected and their property affected.
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Act .. cumu]atlye
See. 6. This Act shall be in addition to arid cumulative of any
powers now or hereafter conferred by law on such cities. Acts 1927,
40th Leg., p. 415, ch. 276. .
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Library ...f....nce.
Eminent Domain ~1" et seQ.
Zoning cþ".
C.J.S. Eminent Domain I 209 et aeq.
O.J.S. ZoDiD&, I 4..
1. Conatructfon and .pp"eat"."
General 8treet 1mpl'OTemeet atatutM
held not to bar home rule clU._ trom ex-
ercising atatutolT powen of makJD8' atreet
lmprovementa. Andenon 'Y. Bran40a
(1932) 121 T. 181. t, S. W.2d 311.
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'Arto 110Sb. Street improvemeDts a.nd u.eeømentw in cities bav-
ing more than 1000 inhabitants '.
Power to make improyemeatø; bomadar1 etreeU
Section 1. (a) That cities, towns and villages incorporated un..
der either general or special law, including those operating underspe-
cia] charter, or amendments of charter adopted pursuant to the Home
Rule provisions of the Constitution, shall have power to cause to be
improved, any highway, within their limits by filling, grading, raising,
.paving, repaving, and repairing in a permanent manner, and by con-
structing, reconstructing, repairing and realigning curbs, gutters and
sidewalks, and by widening, narrowing and straightening, and by con-
structing'appurtenances and incidentals to any of such improvements,
inqJuding drains and culverts, .whiëh power shall include that of caus-
ing to be made anyone or more of thekfnd8 or clasaes of improve-
ments herein named or any combination ~ereof, or of parts thereof.
(b) Whenever a part of the boundary of any such city is upon or
along any street or highway, which at that point lies wholly within,
partly within and partly without or wholly outside of its limits, such
city may improve such' portion of such street and assess a part of the
cost thereof against the abutting property lying on both sides of such
street by the proceedings set forth in this Act, provided that if such
street lies wholly or partly within the limits of any other such city
the governing body thereof shall consent to the improvement and if
assessments are levied against any property lying within the limits
of any other city than the one (1) initiating the improvement, the gov-
erning body of such other city shall consent to such assessments as
480 .
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TEXAS
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PINAHCE
IEHVIRONMCNT AHO PUa.lC WOMCS
JOINT I:COHOM.C
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WASHINGTON. D.e. 2OS1()
February 10, 1981
Dear Friend:
Knowing that you share my concern over the damage that Revenue Procedure
80-55 threatens to do to state and local government budgets, I am writing
to infonn you of the developments on this issue in recent dayS.
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As you know, this ruling was issued December 15, 1980, and would have
retroactively prohibited banks from deducting the interest on accounts,
such as state and local government accounts, that are secured by pledges
of tax exempt securities. This would greatly reduce the demand for
nnmicipal bonds at a time when the market is already severely depressed,
and it would cause banks to reduce the amount of interest paid on public
deposits. Both actions would severely hurt state and local governments
and their taxpayers.
In response to my letter of December 30, IRS dropped the retroactive portion
of Revenue Procedure 80-55, and then postponed the effective date of 80-55
until June 1, 1981. On January 28 I sent a letter to Treasury Secretary
Donald Regan pointing out the importance of this problem and requesting
that he act quickly to withdraw 80-55. This letter was cosigned by 34 other
Senators in a bipartisan display of strong support for my position.
I believe that IRS has stretChed the law far beyond the intent of Congress
in this case and is pursuing additional revenue at the expense of state and
local governments. I hope that this problem will be solved administratively,
but I have introduced legislation which will specifically permit these
transactions to go on as they have for so many years before. This bill,
S. 321, will be a permanent solution to this problem, and if the Administration
fails to act I will ~h for· quick action on it before the June 1 deadline
imposed by IRS.
-This is a major problem in Texas, which has pledging requirements which are
aJIDIlg the strictest in the nation, but it is also a problem in the 32 other
states which have pledging requirements on public deposits. I am working with
a number of groups and associations which are interested in this issue, and I
have also receivedstròng grass-roots support from people such as yourself who
are concerned and knowledgeable about this issue. I would appreciate any
additional support that you can give in my efforts to reverse this IRS
decision and win passage of this legislation, and I assure you that I will
continue to press for an early solution to this problem.
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TMI. '!~~~O~~~~~l L~~)~~
February 7, 1981
Mr. Rex MCEntire, City Attorney
City of North Richland Hills
Box 18609
North Richland Hills, Texas 76118
Dear R.ex:
As you know, cities and other taxing entities have been engaged in a series
of see-saw courtroom struggles over the taxation of certain bank stocks.
In Bank of Texas, et al. v. John Childs et-al., the City of Dallas lost in
district court and again in the court of civil appeals, but subsequently
prevailed in the court of civil appeals on a motion for rehearing.
Several days ago, prior to Dallas' victory in the court of civil appeals,
representatives of the Texas Bankers Association (TBA) approached me with a
proposed legislative solution to the debate over taxing bank stock. Under
the TRA compromise proposal, state legislation would be enacted to exempt
bank. stock from ad valorem taxation. In return, the banks would agree to
subject themselves to State franchise taxation, with the proceeds to be re-
mitted back to cities, counties, and other local entities.
, .
Because of the diversity in bank-taxation procedures among jurisdictions
across the State, there~is no method of determining precisely how individ-
- ual cities would fare under the proposed TBA/THL agreement. The only cex- .
tainty is that many cities would be comparative losers--that is, roughly
speaking, the statewide total in bank. franchise taxes remitted back to the
cities would be about 25% less than the amount they are currently col-
lecting from ad valorem taxes on bank. stock.
Obviously, the argument 'over taxing bank. stock in not over. If cities and
other jurisdictions continue to tax bank stock in the present manner, the
Texas Bankers Association will appeal to the Texas Supreme Court. the case
then will be appealed to the U.S. Supreme Court, regardless of which party
prevails.
With this background, the purpose of this letter is t~ ask your opinion,
and the opinion of your city council, as to the course of action TML should
follo~ with respect to this issue. Should we work at holding the line at
the status quo, or should we work with the TBA on the proposed compromise
legislation?
· "__~.-...___.~~~__._"_ __._~._~_ _,,_......:........:....._.___'.~......_,_.. _ ". 'N~ _" . N__ .....'._._.._.._._....._' -.;...- ..,.~.....~-... ---~--........-. .,......,.-. -. -......_~,..-~. -...-., -..~ ... -.' .~.-.-.- ----..:...:.-.-.- -. ~----,. ...#~_._.....-----=----
Mr. Rex McEntire, City Attorney
Ci~y of North Richland Hills
Box'18609
North Richland Hills, Texas 76118
Page 2
The relative risks are clear. Perhaps the cities can defeat TBA's proposed
franchise tax legislation, and continue taxing bank stock as presently.
Also, however, the cities could lose wnen the case is finally decided by
the U.S. Supreme Court: the effect of an adverse decision would slash the
cities' bank stock tax collections to virtually nil.
If the Texas Municipal League agrees to the TBA proposal and it is approved
by the Legislature, the primary issue in the Childs case would be mooted.
Then, cities would at least collect more from the banks than they will if
we lose the case When it is finally decided by the U.S. Supreme Court.
The Texas Bankers Association will have it~ draft proposal completed and
_ ready for ~eview in th~ next day or two. A representative of the TBA will
be contacting you in the near future to provide you with further details on
the plan.
,
Your counsel as to TML's proper course"'ôf action on this matter will be
channelled to the Board of Directors of the League for a decision. Please
let us hear from you by February 20.
Sincerely~
~
R1chård D. Brown
Executive :Director
RDB/ds
Encl.
y{c:
Mr. Charles W. Wllliam.s~
,
P.S. Please contact David LaBrec, !ML General Counsel, if you have
questions concerning this matter.
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1111
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--
CHARLES C. BRINKLEY
Chairman of the Board
and
Chief Executive Officer
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NAT.IONAL
BANK
P.o. BOX 18000 FORT WORTH, TEXAS 76118 PHONE 284-4711
February 17, 1981
Charles W. Williams, City Manager
City of North Richland Hills
P. O. Box 18609
North Richland Hills, Texas 76118
Dear Chuck:
We are interested in supporting the pro-
posed legislation for Franchise Tax instead of
Bank Stock Tax. This legislation is submitted
by Lynn Nabers. Because of some of the banking
industry to seek fair and just taxation it would
be in the best interest of our City to support
this new taxation bill.
~
Sincerely yours,
c¿ ·11 i!._<<._ _ /
Charles Brinkley
CB:ls
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TO:
Chuck Williams, City Manager
DATE Februa'ry 18, 1981
FROM: Wanda Calvert, Planning & Zoning Coordinator
SUBJECT: Zoning Cases to be heard by City Council February 23, 1981
PZ 80-21, PZ 80-22, PZ 80·23
Request of John W. Barfield to rezone
portions of Tracts 3A, 3B~ 4A~ 48, & 5~
Brentwood Estates, from their present
classifications of Agriculture to .
proposed classifications of IF-8-1400~
Commerci a 1, and Lo'ca 1 Reta i 1 .. . .
This property is located south of Shady-
Grove Road and bounded on the east by
Precinct Line Road.
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. DATE:
2-18-81
SUBJECT: PI 80-21, PI 80-22~ & PI 80-23 - Three zoninq requests. for
4IÞ Brentwood Estates.
DEPARTMENT: PlanninQ and Zoning
BACKGROUND: This tract of land was platted several years aQO as just one larQe
tract of 1 and \'/i th the proposed "new" Shady Grove Road shown to intersect wi th
.
a road in Hurst directly across Precinct Line Road. This was to coincide with
the master plan of the city. The zonìng was never changed from Agriculture.
Mr. Barfield has submitted Sinqle Far.1ily~ 'four Commercial tracts and one Local
Retail tract. This property is located on both sides of Davis Blvd. just south'
of old Shady Grove' Road.
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The Planni'ng and Zoning COßl11Î'ss;on recoJm1ended approval of,all three req'uests.
These re uests ~/ere heard and ost onedb)' the City Council 'Jul 28, 198Ö'.
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They \'/ere heard agaié~~~~~~t~ 15th an,d) at that time were apprõveC:~~~t.f3th-)
these requests were reconsidered by the council and were postponed until February
due to the pending contract with a land planner.
Feb. 13th..,,~~/ Mr. Sa rfi e 1 d. ancJ
e in-a-ttendance.
Snyder, the Land Planner, to discussthi's'additi
CITY COUNCIL ACTION REQUÌRED: ' Wayne Snj/der will
Approval or Denial by Council
.9
BUDGETED ITEM: YES
NO, X
ACCOUNT NUMBER: N/A
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July· Z8, 1980'
Page 2
Mayor Pro Tem Freeman advised the Council. this was a
Mayor's appointment with approval of a majority of
the Council.
Councilman Wood moved, seconded by Councilman Hubbard.
to confirm the following appointments to the Park and
Recreation Commission:
CONFIPMTIor~ OF
BOARD AND COr~I
APPOINTMENTS
FOLLOWS:
PARKS & R
MARVIN
WILLI BRENTS~
TOM NNElL
~1arvin Smith
William Brents
Tom Connell
Motion carried 6·0.
r'ayor Pro Tern Freeman advi sed the Counc; 1 thi s was
a Counci,l appointment.
Councilman Wood moved, seconded by Councilman Hub rd,
to approve the following to the Board of Adjus
r-1arie Hinkle
H. B. Helton
Dr. E. K. Hahn
Jack Roseberry
Jesse Range
Bill Stinmel
'·1artin Erch
BOARD OF ADJUSn,tENTS:
MARIE HINKLE
DR. E. K. HAHN
H. B. HELTON
JACK ROSEBERRY,
JESSE RANGE
ALTERNATE -
t1ARTI N ERCK AND
BILL STIMMEL ,j
~'otion carried 6-0.
f1ayor Pro Tem Freeman ad . sed the Counci 1 thi s was a
Mayor's appointment wi a two~thirds' vote of theCounéil.
Councilwoman Grove ~ved, s~onded by Councilman Wood,
to approve the f 'owi ng appà+1 ntments: to the Library
board:.
LIBRARY -
MRS. LYNN OIDAY,
MR. RON S'MOTHERMAN
MRS. CHARLES BRINKLEY
. HRS . JAM DANIEL
Ms. Lynn O'Day
Mr~ Ron Smotherman
Mrs. Charles Br;nkley
Mrs. Jan Daniels
rtayor Pro Tem Freeman opened the Public Hearing and
called for anyone present wishing to speak in
favor of this request to please come forward.
PUBLIC HEARING -
PZ 80-21, REQUEST OF
JOHN W. BARFIELD TO
REZONE PORTIONS OF .
TRACT 3A, 38, 4A~ &
5~ BRENTWOOD ESTATES .-
FROM AGRICULTURAL TO
IF-8~1400 ONE FAMILY,
DWELLING
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July 28~ 1980 .',
Page 3
Mr. John Barfield, Developer, Hurst, Texas, appeared
before the Council.
Mr. Barfield stated this property was located south
of Shady Grove Road. The property is presently zoned
agricultural and he was requesting IF-8-1400 one family
zoning. Mr. Barfield stated he felt thi$ was a good .
location for this size of housing. Mr. Barfield stated
he planned to develop as soon as possible..
Councilman Kenna asked Mr. Barfield how many lots there
would be.
Mr. Doug Long, Engineer, stated there would be between
500 and 600 lots.
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Councilman Kenna asked if the city would be able to
adequatelY serve the area with water and sewer.
Mr. Ablin replied yes.
Councilman Wood asked what kin~of time· frame the
development would be on.
Mr. Barfield stated it would probably be five to eight
years before the development was totally developed.
Councilman Wood asked Mr. Albin if the city's water
system would be able to serve the upper plain when
TRA water came into the city, without the proposed
2.M.G. storage tank.
Mr. Albin'stated yes, it would carry this develpment...
Councilman Brady asked tt)eaverage size of the lots.
Mr. Long stated the lots would be a nñnimua of
8,000 square feet.
Councilman Brady asked the size of the houses..
Mr. Long stated the houses would be 1,400 Squarê
feet.
Councilman Brady asked where the schools were located
in the immediate area. .
. .
Mr. Barfield stated he did not know the location
of the schools.
Mayor Pro Tem Freeman called for anyone present wishing
to speak in a,position of this request to please come
forward.
..-
- .."
July 28, 1980
Page 4- .
Mrs. Della Allison, 8209 Precinct Line Road,
appeared before the Council.
Mrs. ,Allison stated she was not opposed to the
size of the houses, but the proposed road that
would come across her property. Mrs. Allison
stated if the road was extended across her
property it would cross her septic lines and .,
she was afraid they w~uld collapse.
Mrs. Allison stated that Precinct Line Road carried
a lot of traffic at this time,and this development
would cause more traffic.
. .
Mrs. Allision stated she was against the street
going in.
Mr. Long stated they did not indenø to go across
Mrs. Allisonls property.'They were attempting to
plat around her property.
Mrs. Allison stated this subdivision would be in the Keller
School District and she had contacted them and they knew
nothing about the area being developed.
Mayor Pro Tem Freeman called for anyone -else wishing
to speak, there being none, Mayor Pro Tem Freeman
closed the public hearing.
Councilman Hubbard moved, seconded by Councilwoman
Groves, to deny PZ 80-21.
Counci lman Hubbard stated he h,ad tal ked to surrounding
cities and no city allowed this size of lot. Councilman
Hubbard stated he felt the' the lot size was too small.
Councilman Hubbard stated he' also felt there would be
a fire hazard;. the street were, not adequate and there-
would not be adequate. school facilities.
Councilman Wood· stated it, had been the policY of
,the Council to ask for'negotiations with the developer
when the density- was at a high ratel Councilman Wood
stated he felt the school d'istrict should have the
right to have some in-put on this proposed subdivision.
After further discussion, Councilman Brady stated he
was in favor of postponing action on this request
and have the staff and developer meet to try and
work oU,t some solutition.
Councilman Hubbard with drew his motion. Councilwoman
Groves withdrew her second.
Councilman Brady moved, seconded by Councilman Kenna, to
postpone PZ 80-21.
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CONSIDERATION OF
ORDINANCE FOR PZ 80-21; ,
POSTPONED . ·
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July 28, 1980
Poage 5
Mr. Barfield advised the Council that items 10s Us
12, and 13 were all related to item 9, PZ 80-21 and he
would per fer all be postponed.
councilman Brady moved, seconded by Councilman Kennas
to postpone i terns 10 thorugh 13.
Motion carried 6-0.
PUBLIC' HEARING -
PZ 80-22s REQUEST OF
. JOHN W, BARFIELD TO
REZONE PORTIONS OF .
TRACTS 3A~' 4A, & 48,·
BRENTWOOO ESTATES FROM
AGRICUL ruRAL TO,
COMMERCIAL
POSTPONED
CONSIDERATION' OF
ORDINANCE FOR'PZ80-22
POSTPONED
PUBLIC HEARING ~
PZ 80-23, REQUEST OF
JOHN W. BARFIELD TO
REZONE PORTIONS OF
TRACT,3A~ BRENTWOOD
ESTATES FR()t MICUL TURA
TO LOCAL RETAIL
POSTPONED
COHSoIDERÂTION OF
ORDINANCE FOR PZ.. 80-23
POSTPONED
, .'
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Councilman Thomas moved, seconded by Councilman Kennas
to approve Resolution No. 80-24.
Mo'iton carried, 6-0.
. Mr. James Bennett, 7120 Stoneybrook" appeared be
the Counci 1 .
Mr. Bennett stated he would like a a
water well for outside water;n
Councilman Wood aske . Bennett".if he was aware
there was a 200 limi.t· on water wells.
CÒNSIDERATIO OF REQUE~··
OF JAMES T. BENNETT~
7120 STONEYBROOK TO,
DRILL, A WELL
APPROVED
Ben . :stated he was not aware of thelimi,t,
a ~ót i'ntend to' go that deèp.
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October 13, 1980
,Pag~ 8
,Councilman Wood moved, seconded by Councilman Kenna,
to reconsider PZ 80-21, PZ 80-22, and PZ 80-23.
POSSIBLE
RECONSIDERATION OF
PZ 80-21~ PZ80-22t
PZ 80-23
APPROVED
Motion carried 5-2; Councilmen Kenna, Wood, Thomas,
Freeman and Councilwoman Groves voting for; Councilmen
Hubbard and Brady voting against.
Councilman Freeman moved, seconded by Councilwoman Groves
to reconsider PZ 80-21, PZ 80-22 and PZ 80-23 on
February 9, 1981.
Motion çarried 7-0.
15. Mayor Faram advised the Council Mr. Kloberdanz wanted to
build a 231x34' building in the back of his residence
and not be required to brick it. Mayor Faram stated
accessory buildings over 200 square feet must be bricked.
CONSIDERATION OF
REQUEST OF RON
KLOBERDANZ· F A
VARIANCE RICK
ORDINAN
DENIE
Councilman Wood moved, seconded by Councilwoman Groves,
to deny Mr. Kloberdanz's request for a variance to the
brick ordinance.
Councilman Freeman asked where the property was located
that Mr. Kloberdanz wanted to build on.
f- Mayor Faram stated the property backed up to Fossil Cr
I ~ s~mewhere in the neighborhood of the park.
t
16.
.('-~~
Councilman Thomas stated he felt this request w different
from most because the building would be 183 t from the house.
Motion to deny carried 5-2; Councilmen F eman, Brady, Wood
and Hubbard and Councilwoman Groves v for; Councilmen
Kenna and Thomas voting against.
City AttorneyMtEntire~dvised he recommended
passing this ordinance.
CONSIDERATION' OF
ORDINANCE TO DENY RATE
INCREASE OF TEXAS
ELECTRIC SERVICE CO.
APPROVED .
ORDINANCE NO. 848
Councilman Kenna moved,
to approve Ordinance
by Councilwoman Groves~
17. Mr. Albin s ed that at the last public hearing the needs
, of the Co nity Development Program target area was considered.
This ar is bounded on the south by Onyz Drive South; on the
nart y Glenview Drive; on the east by Rufe Snow Drive; and on
th est by Rogene. These needs were found to be drainage improvements
Mackey Creek Channel. Citizen input forms were provided and
are still available for those wishing to make an input. The purpose
of this public hearing is to consider the projects which will satisfy
these needs. The City Staff in the absence of citizen input
has proposed a continuation o,f the 3 year Community Development
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September 15~ 1980 .
Page 3
rouncilman Hubbard moved, seconded by Counci"lman Freeman,
:0 postpone action on this request 'until the next Council
~eting and someone from Gulf be present at the meeting
~o determine what type of building would be at the location.
~tion carried 5~1; Councilmen Freeman, -Kenna, Hubbard
·.!nd Wood and Councilwoman Groves voting for; Councilman Brady
"toting against.
vayor Faram advised the Council the Planning and Zoning
Mad recommended approval of this request.
Vayor Faram advised the Council that Hr. Jim Stevens
;;as here in interest of item 6 and item 19. With the
Council's permission he would like to move item 19
:ehind item 6 because Mr. Stevens had another, cammi
PS 80-31 - REQUEST
FOR FINAL PLAT OF
LOT 2~ 'BLOCK 2, ~
and LOT l~ BLOCK 3,
INDUSTRIAL PARK
ADDITION
APPROVED
Councilman Freeman moved, seconded by '~ouncilman
to approve PS 80-31..
~tion carried 6-0.
.- ~r. Jim Stevens, Stevens-Owen Company
Counci 1 .
CONSIDERATION OF
AGREEMENT BETWEEN
ST. LOUIS SOUTH-
WESTERN RAILWAY
CO. AND THE CITY
OF NORTH RICHLAND
BILLS
APPROVED
, ~r. Stevens stated the nature of he agreement, ,was
to get into the Ind'ustrial Pa~ from Industrial Park
30ulevard at ~he railroad cr: sing. Mr. Stevens
stated the developers wou be paying for the crossing.
. ~ayor Faram asked if e total cost would be paid by
the developers.
~
:1
Councilman ad moved, seconded by Councilwoman Groves,
to approv the authorization for the Mayor to sign the
agreem '.with the provision that the letter from Oak"
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urov ated· 'September 10, 1980,be a part of said agreement.
ion carried 6-0.
- '!~yor Faram opened the Public Hearing and called for anyone
~lshing to speak in favor of this request to please come
70l"Na rd.
~r. John Barfield, 416 loulla, Hurst, appeared before the
~Ounci 1 .
~aYor Faram asked Mr. Barfield if he had any objections
to hOlding the public hearing at this time on all three
oaf hi s requests.
,PUBLIC HEARING-
PZ 80-21, REQUEST
OF JOHN BARFIELD TO
REZONE PORTIONS OF'
TRACTS 3A, 38, 4A,.
& 5, BRENTWOOD
ESTATES FROt1
AGRICULTURE TO
IF-8-1400-0NE FAMILY
DWELLING
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september' 15, 1980
Page 4 ' , "
Mr. Barfield stated he had no objections.
Hr. Barfield stated this property wa~ located at the
far end of the city. This property contained 180 acres.' ·
Hr. Barfield stated he and Mr. Doug Long- had met about
a month ago with city staff and some of the Council members
to try and work out any questio.ns or problems w.ith the
zoning request. Mr. Barfield stated that if this zoning
request was approved~ his next step would be to profne
the sewer to serve the subdivision. Mr. Barfield stated
the water was already available.
Councilman Hubbård stated several things were covered
in the meeting with Mr. Barfield and Mr. Long. Councilman
Hubbard stated that Mr. Barfield had discussed the possibility
of a tempOrary fire station on Block 14~ Lot 8. Councilman
Hubbard stated that Mr. Barfield had expressed the point that
he would be willing to go along with the station at his cost.
Councilman Hubbard stated he assumed that meant·the cost of
the property and cost of construction of the building.
Mr. Barfield stated that· was his intention.
Councilman Hubbard stated he had talked to Mr. Kenneth Payne
with the Keller School District and he had told him there
was no way his school system could take care of this amount
of people, unless some agreement could be worked out where
the school system could purchase a minimum of ten acres
for a school building. Councilman Hubbard asked Mr. Barfield
if there was anywhere in this tract that he could see fit
to sell ten acres to the school district.
Mr. Barfield stated he had sold two sites in the past to
school districts and cbuld see no reason why he could not
work out something on this tract. .
Councilman Hubbard stated that Mr. Barfîeld was requesting
IF-8 zoning~ but had agreed that he would put 50% of the
lots at 9,000 square feet.·
Mr. Barfield stated that was correct.
Councilman Hubbard stated the type of fire station that
would be built was to be a house built along Davis Boulevard
and look exactly as the homes in the area with the entrance
coming off Davis Boulevard with the garage doors to service
the fire trucks and in the future the city could sell it as
a residence if not needed for a fire station. .'
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September 15, 1980
Page 5
~'1r. Barfield stated· the station would be a residence
as such, it would be just like the rest of the residences.
Councilman Hubbard stated that t~r. Barfield had also
agreed that if the request was approved that a stipulation
would be placed on the ordinance that 50% of the lots
would be 9,000 square feet. .
Mr. Barfield stated that was correct.
Councilman Brady asked Mr. Barfield the earliest date he
would start developing homes.
Mr. Barfleld stated not knowing. how long it would take
to work out the sewer line, he was sure some easements
would have to be secured. Mr. Barfield stated if they
could secure the easements he hoped that in a·year
to a year and'one~half from now that'he would' be able
. to have a developed lot. Mr. Barfield stated he
\.¡ould develop in phases, probably twenty acres a phase.
Councilman Brady asked Mr. Barfield considering the size
of the houses and the time frame, wha~ he thought the
home would sell for.
Hr. Barfield stated he had some 1,400 square foot homes
in Stoneybrook and they were selling between $63,000.00
and $69,000.00 d~pending on the plan and lot size.
Mr. Barfield stated that by the time the homes were
built in Brentwood Estates and they continued to escalate
as they have in the past they would sell for around $75,000.
Cauncilman Brady asked Mr. ~rfield if he felt that-in
one to. tWo yeàrS hè would b'e able to sell that size house
at that price.
r~r. Barfield stated that at the present ti"me that was
about the only market he had. Mr. Barfield stated
he was selling 1,400 to. 1,500 square foot homes in
. Crestwood. . . .
Pl 80-22 was heard at this time.-
Hr. Barfield stated this property was located at the
intersection of Highway 1938 and Shady Grove Road.
Mr. Barfield stated he was asking .for commercial zoning
on that section of property.
~
. ..' -
PUBLIC HEARING -
PZ 80-22, REQUEST
OF JOHN BARFIELD . I .
TO REZONE PORTIONS
OF TRACTS 3A, 38, "
4A, 48, BRENTWqOD
ESTATES FROM
AGRICULTURE TO
COMMERCIAL
. .
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Mayor Faram asked Mr. Barfield if he could settle
for any zoning less than commercial. Mayor Faram
asked nr. Barfield what his plans for the property
we re ·
Mr. Barfield stated he planned to build a shopping
center ·
Mayor Faram asked if local retail zoning would satisfy
those needs.
Mr. Barfield asked if a fire st~tion could be built
in local retail.
, ~ayor Faram stated you did not have to have zoning for
a fire station. Certain things were exempt from zoning.
Mayor Faram stated, that in his ,opi.nion there were certain
things under commercial zoning that would be 'ûndesirable
for a neighborhood.
Councilman Wood read from the Zoning Ordinance what
businesses was allowed in local retail.
f'1ayor Faram asked Mr. Barfield if he could reduce his
request to local retail.
Mr. Barfield stated he saw no problem with local retail
zoning.
Mayor Faram called for anyone present wishing to speak in
opposition of the requests to please come forward.
Mrs. Nancy Simmons, 8725 Stewa~, appeared before the
Coune; 1..
Mrs. Simmons stated she was here to say mainly that the·
homes Mr. Barfield planned to build would bring in several
more vehicles. Mrs. Simmons stated she did not think
Shady Grove Road could handle the vehicles. Mrs. Simmons
stated that the Shady Grove Road and Davis Boulevard was
'a dangerous intersection and if more homes were built
it was goi ng to bri ng more people tryi n9 to get off .
Shady Grove on to Davis. Mrs. Simmons stated she
did not think the intersection could handle·
the traffic and Davis Boulevard could not handle it.
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september 25, 1980
Page 6
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:.trs. Sil1ll1ons stated she 'had been here in the past and heard
oeople talk of the drainage and sewer. One lady in particular
that lived. on Shady Grove could not get sewer. Mrs. Simmons'
asked ~'r. Barfield if he would offer sewer to this lady.
Mrs. Simmons stated the drainage ditches and bar ditches
out in that part of town should be maintained by the city ·
~hen Mr. Barfield started building a lot of homes out there,
there would be a lot of concrete and a lot of streets.
Mrs. Sil1ll1on stated that normally agriculture land could
take up a lot of water~ but when' this water started 'running
down the streets where would it go.
Mrs. Sil1ll1ons stated she heard that Mr. Barfield was willing
to donate land for the school. Mrs. Simmons stated she was
all for the school system but as it stands, the school could
not handle the kids that would be brought in.
Mrs. Simmons stated that as far as water was concerned,
the water pressure was already bad.
Mrs. Simmons stated she did not think Mr. Barfield should
be allowed to build.
City Attorney Re~ McEntire present now.
Mr. Charles E. Rojenau, 6929 Precinct Line Road, appeared
before the Council.
~Ir. Rojenau stated the only thing he would like to add to
what Mrs. Sil11110ns said was that severa,l ·weeks ago he was
present in the discussing of the tax increase.. Mr. Rojenau
stated it was brought up~t that meeting by the Council that
industry was what brought. in th~ tax revenue. Mr. Rojenau
stated the ,building of small homes cost the city more to
maintain than they received in-'taxes.
Mrs. Stella Allison, 8209 Precinct Line Road, appeared
before the Council.
Mrs. Allison stated she had protested the road change
Mr. Barfield planned before. Mrs. Allison 'stated
Mr. Barfield proposed to change Shady Grove Road to
meet up with McDonald School Road to come 'straight
acros 5 . t1rs . All; son s ta ted the road wou 1 d come
straight across her property and she still protested.
There being no one else wishing to speak~ Mayor Faram
closed the public hearing.
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September 15, 1980 'I, t
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Page 7 - :~I
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councilman Hubbard moved, seconded by Councilman Kenna,
to approve PZ 80-21, Ordinance No. 841, with the
stipulation a minimum of 50% of the lots be 9,000
Square feet; Block 14, Lot 8, be available for a
temporary fire station for the City of North Richland
Hills and a minimum of 10 acres of land be made
available for a Keller School District site below"
or at Mr. Barfield's cost.
Councilman Freeman stated that he would request that
the Council look at this zoning from the $tand point
of the zoning map. The whole north end of that end
of town had never been zoned. Councilman Freeman
stated it was his feeling that by approving this
zoning the Council would be in effect planning the
north end of the city. Councilman Freeman stated
that if you looked at the zoning map he would say
you could propab1y put five or six subdivisions
of the same size in. Councilman Freeman stated
that ìf it was the Counci1's intention to plan the
north end of town for smaller houses and smaller
lots, which he considered a 1F-8-14" a very small
house in N~rth Rich1and Hills, and he hoped the Council
would take a hard look at this. Councilman Freeman stated
he felt if this zoning was approved .it would set a trend.
for the north end of the city.- -,~'
Councilman Brady stated he was in the opinion that
the city needed to continue to develop. Councilman Brady
stated it was apparent to him that the economic situations
are such that they really were talking about some pretty
expensive properties if the city stuck to something
more than 1,400 square feet. Councilman Brady stated
he recogni zed the vcQ i di ty of Council man Freeman'c s ". .
suggestion about the possibility if this zoning was approved.
Councilman Wood stated he would like to make some
comnents on Mrs. Sil1l11Ons' statements, some of which
had been "answered by Councilman Brady. Councilman Wood
stated the policy on sewer was quite clear. The city
had a'major sewer out-fall line which this system
would bring on line probably for the first time since
it had been lying in the ground. Councilman Wood
stated he was not convinced that the city had a
big drainage problem to the south of the property'
in question because there was a natural drainage
system that the water was being put into. Councilman
Wood stated that if the Council tried to limit the
growth of the ci ty or say there was no more room,
that would be like asking Mr. Barfield to just pay
his taxes and leave the city alone. Councilman
Wood stated the Council did not have the right
to tell people they could not come to North Richland
Hills and build. Councilman Wood stated he was
beginning to feel the same as Councilman Freemar..,
._.-... .-.... ..,' .
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. September 15,. 1980
. Page 8 - ,
CONSIDERATION )
ORDINANCE FOR
PI 80-21
APPROVED
ORDINANCE NO. 841
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September 15, 1980
P.age 9
but in this case he thought it would behoove the Council
to probably approve this particular zoning. Councilman
Wood stated he would encourage the Council to draw a line
in the near future. Councilman Wood stated that
in this particular case he heard nothing that would
not help the city but to grow in the right direction.
Councilman Freeman stated he would like to respond
to two things; the first one would be to Mr. Brady's
economical conditions of the nation. Councilman Freeman
stated he had been on the Council for three terms and
that each zoning he had seen less than 9,000 square.
feet; the reason for downgrading the house size
had been the economic conditions and the cost .
of housing.
Councilman Freeman stated he felt strongly that what
the Council was looking at tonight was the direction
the city would' be going in.
Mayor Faram asked what ti~ frame would be the starting
and completion of the residential portion of the project.
Councilman Brady stated t1r. Barfield had indicated
he would have a house on the ground in 12 to 18 months.
Mayor Faram stated the problem he found sometime zoning
so far in advance was that you faced the problem of
land use change. Mayor Faram stated he had tried for
sometime to get the Council to come up with some type
of idea that after a period of time if no action was
taken on the 1a~s that had been zon~ then it should
revert back to an original type zoning.
Councilman Wood asked Mr. Barfield if he would agree
to ~ determination date if the development did not materialize.
Mr. Barfield stated he had no objections to the ti. limit.
After-further' discussion, Counci lmanWood moved-, seconded· by
Counci1man-Brady-:tö. amend-- the motion to state' the planning
engineering and construction.wouJd.beginwithin-threeyears
of homes' of this clãssificatïon.
Amended motion carried 5-1; Councilmen Kenna, Wood, Hubbard,
Brady and Freeman voting for; Councilwoman Groves voting agaînst.
Mayor Faram ca11~ for a vote on the original motion as amended.
Motion carried by a vote of 4-2; Councilmen Wood, Brady, Kenna,
and Hubbard voting for; Councilman Freeman and Councilwoman
Groves voting against.
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PUBLIC HEARING - . r
APPEAL HEARIN I
~
PI 80-25, ¡
JOHN SA !
REIO PORTION OF I
T 2~ ABSTRACT 1150'
OM AGRICULTURE TO
IF-8--1400
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September' 15, 1980
Page 10
Public hearing for PZ 80-22. (Held in conjunction
. \'li th PZ 80-21)
Councilman Hubbard moved, seconded by Councilman Kenna,
to approve Ordinance No. 842, with the stipulation the
ordinance be changed to state IIrezoned from agriculture·
to local retail.~·
CONSIDERATION OF
ORDINANCE FOR
PZ 80-22
APPROVED,
ORDINANCE NO. 842
pùblic hearing for PI 80-23. (Held in conjunction
with PZ 80..21)
Motion carried 5-1; Councilmen Kenna, Wood, Hubbard,
Freeman and Brady voting for; Councilwoman Groves
voting against.
Councilman Kenna moved, seconded by Councilman Brady,
to approve PZ 80-23, Ordinance No. 843.
CONSIDERATION OF
ORDINANCE FOR
PZ 80-23
APPROVED
ORDINANCE, NO. 843-
Motion carried 5-1; Councilmen Kenna, Wood, Hubbard,
. Freeman and Brady 'voting for;' Councilwoman Groves
voting against.
. Mayor Faram opened the public hearing and called
for anyone wishing to speak in favor of this request
to please come forwa~d.
Mr. John Barfield, developer, appeared before the
Council.
Mr. Barfield stated this property was located
to the north of the railroad tracks, east of
Precinct Line Road and south of Amundson Road.
Mr. Barfield stated that at this time the property
was designed industrial. ~)Mr. Barfield stated he. .
had appeared before the Planning and Zoning C · sion
and they denied the request for 1 F-8-1400. ~ · Barfield
. stated heta 1 ked with s~ of the people 11 ved in
that area ånd it was their desire that ses be built
rather than industrial.
Mr. Barfield stated this prope
in the meeting with some of e Council members and city'
staff and he had agreed' the IF-8-l400 zoning request
was approved he would x the lot sizes.
'.1r. Barfield st Clhe felt the best use of the property
would be res; tial.
Mayor F m stated he had heard some indication that Hurst
want to undertake the improvement of Precinct Line Road.
M r Faram asked Mr. Barfield if this had been discussed
lth him.
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KNOWL TON- ENGLISH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
June 17, 1980
Planning & Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
Subject: 3-002, CITY OF NORTH RICHLAND HILLS,
ZONING PLAT REVIEW, PZ 80-21
AG TO IF-8-1400
We have received the subject zoning case for our review and find that
we could adequately locate this property on the zoning map should it
be passed by both the Planning & Zoning Commission and the City Council.
RWA/ljc
cc: Mr. Charles W~ Williams, City Manager
Mr. Gary Caldwell, Building Official
Mr. Allen Bronstad, Director of Utilities
SSO FIRST STATE BANK BLDG.· BEDFORD. TEXAS 7ð021· 817/283-6211- METRO/267-3387
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KNOWL TON- ENGLISH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
June 17, 1980
Planning & Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
Subject: 3-002, CITY OF NORTH RICHLAND HILLS,
ZONING PLAT REVIEW, PZ 80-22,
AG TO COMMERCIAL
We have received the subject zoni,ng case for our review and find that
we could adequately locate this property on the zoning map should it
be passed by both the Planning & Zoning Commission and the City Council.
D/ - ~IJ), ~
~~ P.E.
RWA/ljc
cc: Mr. Charles w~ Williams, City Manager
Mr. Gary Caldwell, Building Official
Mr. Allen Bronstad, Director of Utilities
5~ FIRST. STATE BANK BLDG. · BEDFORD. TEXAS 7t5021· 8t7/283-8211· METRO/287-3387
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KNOWL TON-ENGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
June 17, 1980
Planning & Zoning Commission
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76118
Subject: 3-002, CITY OF NORTH RICHlAND HIllS I
ZONING PLAT REVIEW, PZ,80-23
AG. TO L.R.
We have received the subject zoning case for our review and find that
we could adequately locate this property on the zoning map should it
be passed by both the Planning & Zoning Commission and the City Council.
RWA/ljc
cc: Mr. Charles W.~Williams, City Manager
,Mr. Gary Caldwell, Building Official
Mr. Allen Bronstad, Director of Utilities
!5!50 FIRST STATE BANK BLDG. · BEDFORD. TEXAS 78021· 817/283-8211. METRO/2tS'7-33fS7
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ORDINANCE NO. 841
AN ORDINANCE REZONING PROPERTY IN ACCORDANCE
WITH ARTICLE XXIX CHANGES AND AMENDMENTS,
SECTION 1 OF ORDINANCE #179, ZONING ORDINANCE
OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
PASSED, APPROVED, AND ADOPTED BY THE PLANNING
AND ZONING COMMISSION AND THE CITY COUNCIL OF
THE CITY OF NORTH RICHLAND HILLS, TEXAS,
NOVEMBER 13, 1967, AS AMENDED JANUARY 27, 1975
AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOULOWING RECOMMENDATION IS
SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE
PLANNING AND ZONING COMMISSION:
e
RESOLVED that on Case No. PZ 80-21 the following described property shall
be rezoned from Agriculture to IF-8-1400, with the following stipulatión:
A MINIMUM OF 50% of the lots to be 9,000 square feet; Block 14, Lot 8,
BE AV"AILABLE FOR A" 'TEMPORARY FIRE STATION FOR THE CITY OF NORTH RICHLAND
HILLS AND A MINIMUM OF 10 ACRES OF LAND BE MADE AVAILABLE FOR A KELLER
SCHOOL DISTRICT SITE BELOW OR AT MR. BARFIELD.IS COST.
(Tract 4)
ALL that certain tract or parcel of land being part of Tracts 3 and 5,
Brentwood Estates, North Richland Hills, Tarrant County, Texass as
recorded in Volume 388-97 s Page 31, Deed Records, Tarrant County, Texas';~
and being further described by metes and bounds as follows:
BEGINNING at the Southeast corner of said Tract 3, said point being in the West-
erly right of way line of Precinct Line Road right of way line;
THENCE West 1034.09 feet to a point;
THENCE South 0 degrees 09 minutes East, 255.9 feet to a point;
THENCE South 79 degrees 47 minutes 10 seconds West, 1694.64 feet to a point;
.,
THENCE North 26 degrees 40 minutes West, 16~80 feet to a point on' Farm-to-Market
Road 1938 (Davis Blvd.);
THENCE North 30 degrees 37 minutes East, 1209.04 feet with said right of way line
to a point;,
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THENCE South 59 degrees 23'minutes Easts 500.0 feet to a point;
THENCE North 30 degrees 37 minutes, 450.0 feet to a point;
THENCE North 320~44 feet to a point;
THENCE North 31 degrees 33 minutes 29 seconds East, 380.0 feet to a point;
THENCE North 89 degrees 40 minutes East, 961.13 feet to a point;
THENCE South 0 degrees 14 minutes West, 562.32 feet to a point on a Southeasterly
curve whose center point bears North 15 degrees 26 minutes 50 seconds,'East,
1056.22 feet;
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4IÞ THENCE Southeasterly with said curve through a central angle of 15 degrees
26 minutes 50 seconds an arc length of 284.76 feet to a point; .
THENCE East 26~80 feet to a point on said Precinct Line Road right of way line;
THENCE South 2 degrees 43 minutes West, 681.86 feet to the place of beginning
and containing 59.217 acres of land.
SAVE AND EXCEPT that portion within the right of way of Shady Grove Road,
consisting of 2.713 acres of land, leaving a net acreage of 56.504 acres of land.
(Tract 5)
ALL that certain tract or parcel of land being part of Tract 5, Brentwood
Estates, North ~ichland Hills, Tarrant County, Texas as recorded in Volume 388-97,
Page 31, Deed Records, Tarrant County, Texas, and being further described by
metes ~nd bounds as follows:
BEGINNING at the Southwest corner of said Tract 5;
THENCE North 59 degrees 47 minutes West, 1186.0 feet to a point;
THENCE North 26 degrees 40 minutes West, 1445.31 feet to a point;
THENCE North 79 degrees 47 ,minutes 10 seconds East, 1694.64 feet to a point;
THENCE South 0 degrees 09 minutes East, 2188.96 feet to the place of beginning
and containing 52.674 acres of land.
(Tract 6)
ALL that certain tract or parcel of land being part of Tract 4-A, Brentwood
Estates, North R;'chland Hills, Tarrant County, Texas as recorded in Volume
388-97, Page 31, Deed Records, Tarrant County, Texas and being further described
by metes and bounds as follows:
BEGINNING at the Southea~t corner of said Tract 4-A, said point being in the
Westerly right of way line of Fann-to-Market Road #1938, (Davis.Blvd.);
THENCE West 802.5 feet to a point;
THENCE North 0 degrees 29 minutes East, 1260.63 feet to a point;
THENCE South 89 degrees 46 minutes East, 638.96 feet to the beginni,ng of a
curve to the right having a radius of 1064.82 feet;
THENCE Southeasterly with said curve an arc length of 202.18 feet to a point;
THENCE South 0 degrees 29 minutes West, 565.03 feet to a point;
THENCE South 15 degrees 55 minutes 16 seconds East, 115.0 feet to a point;
4IÞ THENCE South 86 degrees 46 minutes 30 seconds East, 115.0 feet to a point;
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~. THENCE, South' 59 degrees ¿3 minutes' E~~t,120.0 feet to a point frt ~aid
Fann-to~Market Road #1938 right. of way 1 ine; '.
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THENCE· South' 30 degrees 37 mi nutes \~est, 575.0 feet to the place of. begin~.
ning,and 'containing Z~.795 acr.es.of land. . ""'~;
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This' p...óPertY is located· south of Shady Grove Road and bounded on the east
by Pre'ci nct Li"ne Road wi th approxlmately 100 ~cres ,to the east of t:arm...to-
" Market Road #19'38 (Davis,' Blv'd.)" and approximately 25 a:cresto ·thè·westof
. Fannj.to-Market Road #1938 (Dav; s Blvd.). , . ,.-'
BY THE PlANNING AND ZONING C(JIMISSION THIS 26th, 'DAVQF
JUNE' 19RO.
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. - - - - rt p ..ÌHG ZOIC" ISSIÒN
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SECRETÁRY PLANNING AN -- - 5 ION
. BE IT' ORDAINED I~y. THE CITY COUNCIL 'OF THE CITY OF NORTH RICHWD HILLS ACTING
IN REGULAR SESSION THAT ·THE ABOVE DESCRIBED PROPERTY IN, CASE NO. PZ' , IS
HEREBY 'REZONED
THIS', . ÐAYOF·'
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MAyOR DICK· FARM _
CITY Of NORTH RIaI.ANo'·HILLS~'
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-tITT SECRETARY JEANErrE MOORE
": CITY OF NORTH RICHlAHD HIllS '.
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'. . .000IJWtC£.JIO. . 842
AI ,OIÐINMCÈ· REZflUNG PROPERTY IN ACCORDNCCE .
.. WITH· ARTIQ.EXXIX CHANGES AND AMEKMftTS. ' .
. SECTION .1. OF . ORDINANCE 1179. ZCIUNG ORDINANœ.
. QF'TH£·.CI'IY OF IORTH . RtCHlNtO HILLS.. . 1JXAS, ' , . .
., , . PASSED. .APPROVED, AltO ADOP1tD: 8.Y THE: 'PLAllCII6
. Aim ZCIIDI6. 'CØIIISSIOI AND TII£ cln coœcILOF',.
'.' ·TIE .em. GF'NOITK RÏctUII)· HILLS,· NOYEMI£R 13~. .... .
. 19117 .ASMIEJ.~Ðr.JAIIIARY.27, 197$ '. '.' .~:'
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":AFTEltAPPRoPRIATE '.mICE· -:PU8tIC _111& TH£ FOla-ClfIJl&,RECCllœnONrs','
S_ITTED'TØ· THE . CITY COUNCIL· OF TlECITfOf NOR11f RlqtMOtfl,W IY ~ ., .
"",-I. Me ZOIII&ÇØllISSICII~. . . , . '. ., . .... . .
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RESOlVED that Oft cu.. No.· PZ '80-22 . the1onoWt,ng desè"ibMi.Pf'OPèì-tty ~"11.
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. 'L OCA~ . R~T A I L . ' . . . .... ..: " ,. .. . ~
'(Tract 2) . ...,. .... .....
AlL that certain tract or parcel of land being part ,of Tract 3-A, Brentwood
. Estates, North Richland"HilJs, Tarrant County, Texas"as recorded in Volume
388-97 , Page 31, Deed Records, Tarrant County ~ Texas, and bei n9 further ...
described by metes and bounds as follow~: .
· BEGINNING at the'Northwest corner of said Tract 3-A, said point being in the
· : Easterly ~ight of way 1 ine of Fann-to-Market Road #1938; .
rHENCE North' 89 degr~es 40 minutes East, 400.0 feet to a point;
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· THENcE South 31 degrees 33 minutes 29 seconds West~.380.0 feet to a point;
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THENCE South 139.11 feet to a point on a Northwestérly curve whose.-center
.'. ..<p.>int beal!SNorth 14,degrees 49 minutes 45:;~econds E!lst, 690.66 feet; ....
THENCE NorthWestérly with said curve through a central angle of 15· degrees . ..
. 47 ~inutes 15 seconds ant'arc .ler:'gth of190.31 feet to a point for, end, of. çurve;
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THENCE North 59 degrees 23. minutes West, 219.74 feet 'to a point..:insaid Fana-~:;..
--" to-Marke-tRoad #1938 right of way line;. .
THENCE North 30 degrees 37 minutes East, 320.0 feet to th~p1ace of 'begi nili,;g .,..
and containing 3.385 acres of. land.
. (Träct 3) . .
ALL that certain tract or parcel of land being part of Tract.3-B, Brentwood .
Estates, North Richland Hills, Tarrant County, Texas, as recorded in Volume
388-97, Page 31, Deed Records~ Tarrant County, Texas, and being f:urther described
by metes and bounds as follows: .
. .
BEGINNING at the Northwest corner of said Tract 3-B, said point being in the
Easterly right of ,way line of Fann-to-Market Road '#1938 (Davis Blvd.) ,
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Page 2
THENCE South 59 degrees 23 minutes East, 219.74 feet to the beginning of a
curve to the left having a radius of 770.66 feet;
THENCE Southeasterly with said curve an arc length of 233.46 feet to a point;
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THENCE South 98.88 feet to a point;
THENCE South 30 degrees 37 minutes West~· 450.0 feet to a point;
, THENCE North 59 degrees 23 minutes West, 500.0 feet to a point in said Fann-to-
Market #1938 right of way line~ '
THENCE North 30 degrees 37 minutes East, 500.0 feet to the place of beginning
and containing 5.7918 acres of land.
(Tract 7)
All ,that certain tract or parcel of land being part of Tract 4-A, Brentwood
Estates, North Richland Hills, Tarrant County, Texas, as recorded in Volume
388-97, Page 31, Deed Records, Tarrant County, Texas, and being further
described by metes and bounds as follows: .
BEGINNING at the Northeast corner of said Tract 4-A, said point being in the
Westerly right of way line of Fann-to-Market #1938 (Davis Blvd.);
THENCE South 30 degrees 37 minutes West, 576.97 feet with said right of way
line to, a point;
THENCE North 59 degrees 23 minutes West, 120.00 feet to a point;
THENCE North 86 degrees 46 minutes 30 seconds West, 115.0 feet to a point;
THENCE North 15 degrees 55 minutes 16 seconds West, 115.0 feet to a point;
THENCE North 0 degrees 29 minutes East, 565.03 feet to a point on a Southeasterly
curve whose center poipt bears South 11 degrees 06 minutes 43 seconds West,
1064.82 feet;
THENCE Southeasterly with said curve through a central angle of 19 degrees 30
minutes 17 ,seconds an arc length of 362.49 feet;.
THENCE South 59 degrees 23 minutes East, 233.70 feet to the place of beginning
and containing 5.953 acres of land~
(Tract 8)
ALL that certain tract or parcel of land being Tract 4-B, Brentwood Estates,
North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-97, Page
31, Deed Records, Tarrant County, Texas, and being further described by metes·
and bounds as follows:
.
BEGINNING at the Northeast corner of said Tract 4-B, said point being in the
Westerly right of way line of Farm-to-Market Road #1938 (Davis Blvd.);
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THENCE South 30 degrees 37 minutes West, 249.73 feet with said right of way
.\" .. line ~p ·ð· poi nt; . . .
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THENCE Nórth 59 d~rees 23 minut~s West, 233.70 feet to.·the beginning of a
curve to the left having a radius of 1144.82 feet; . . .
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.THENCENorthwesterly with said curve an arc length of 234.80 fee,t to a.point;.
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THENCE South 89 d~rees 46 ~inutes East~ 541.19 feet to, the place ofLb~fming.·.
and'containing1.~52~cr,es.of.lat1d.. '" . ,':,~..
Thi. Droperty is a'pproximiltøly 16 acr~located on the south side of Shady .
. Grove Üoadat the 1 nters~cti on of Fann.;.to-r<'.arke:t Road #1938 (Davi s ,Blvd.) ~
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'JUNE'
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BY THE PlANNING AltO. ZONIlCGaJIIISSIOITHIS'. 26th, ,... . DAY .~. ...
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CHA~~j¡I~Mo~$ION
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S£tRf:l~ING __m -----~--- -----ISSIOH
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BE IT. ORDAINED 'BY THE CITY COUNCIL 'OF THE CITY· OF NOImf RICHLNtD HILLS ACTt,.,
IN REGUlAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO... PI ... .. IS
HEREBY" REZONED . . .' . .' . . . .
THIS'" . DAY ,OF'
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MAYOR DICIC· FARAH. . .
CITY OF· NORTH RICIUIIO'HIJ4.S:...
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AntsY:
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. ,'èm SECRETARY JEANE. rE MOORE
. '.... CITY OF· NORTH RIOILAND HIllS .
.' 0 FORM AND LEGAl ITV'
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CIn OF NORTH RICHLAND HILLS
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ORDINANCE· NO. '843
AN, ,ORDINMCE REZONING PROPERTY. IN ACCORDMŒ .
, WITH· ARTIa.£ XXIX CHANGES AND AMEHII£NTS., .
S£CTI(IIt 1 OF ORDIIWtCE 1179. ION.INS OROlNAHCE
OF 'THE ,CITY: OF IIOITH' R1CHlAND HIllS~ 1JXAS.'.. .
. PASSED, APPROVED. MDADOPTED:U TH£'PL.MHlltG
ANoZCIIIll6.CCIIIlSSIOft MOM CITY COIItCIL OF'
TH£ cm OF· ftORTKRICMI.MO HILLS. NOYÐI1ER 13.
'19J7. AS _D,' JANUARY, .27. 1975
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· AfTER APPROPRIATE '"NOTICE AID' PUBLIC HiMnt& THE FoLLCliING, RECØllEJUaATIèJe IS
StMImD TØ THE' CITY COUNCIL OF THE cln OF NORTK RtCfUNO HILLS BY :ræ
PlAMING MD ZŒttN6aIlUSSICII~' _ .
R£SCI.VEDthat on cu.. No. PI . 'ßQ~2~ the foll·oWI.", descr1b1d. ~iv sha11: . .
móned fl'Oli, Aq ri cult ù foe ' : . " . : " ' ,. , " ',... · , , . ': ' '" '0; .. .' . to . .
Loca I- Reta 1 r . . . . . , '. . .' , , : ' , ':.,',: ' . . .' . , , . . , , . ,..' . '.' , , , ,... '" ~ ~
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(Tract 1) . . .
ALL 'that certain tract or, parcel of land being part of Tract 3-A!tBrentwood
Estates!t North Richla~d Hills!t Tarrant CountY!tTexas as recorded in Volume'
388-97!t Page 31»' Deed Records» Tarrant County» Texas and being further described
by 'metes and bounds ås follows: ' " .
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BEGINNING at the' most Easterly Northeast corner of said Tract 2-A; said point
being in,the Westerly right. of way line of Precinct Line ~oad; .
THENCE South Z degrees 43 minutes West» 18~.g3 feet with said Precinct Line .
· Road'right of way line ~o a point; ,
THENCE West 26.80 feet to the beginning of a curve to the right having a radius
of 1056.22 feet; ',',~ '
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THENCE Northwesterly with said curve an arc length of 284.76 feet toa pòint;
THENCE North 0 degrees 14 minutes' Easts 144.73 feet tc? a. point;.
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. THENCE North '89 degrees 40 minutes East» 316.30 feet to the placfof b,eginning
and contai,..ing 1.236 acres ,9f land. . .. .
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This pråperty is located· on the west side of Precinct ~ip~ RO'a~' just sQutl,.
, of Shady Grove Bapti st Church. .' . .'.., .' . .
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. ' BY THE PlANNING AND, Zci4INGctJ1MISSIOftTHIS
JUNE. 1980.
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26th, .: '
'MY'OF
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C~ pLÅ~ìH6 AH~ISsIÓN
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SECRETARY PLANHINGAN- -'- - SSION
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. BE ITOROAINED 'BY. THE CITY COUNCIL OF THE CITtOf NORTH RIaK.AtcD HILLS ACT!.
IN REGUlAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO., PI···. Rn-?1 IS
HEREBY REZON~D ' . L ~ 1 ß ~ · ~ .. ..;....... .. ..., ...
THIS . 15th· DAY '.3f S:p~:mb~r, '980
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MAYOR DICK· FARM ~
CITY Of NORTH RICHlMD 'HIL!$:,'
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. ,'em stCREtARY JEMÉT [to MOORE
'. . .': CITY Of NORTH RICHLAND HIllS .
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. APPROVED AS TO FO'" AKD LEGAlITY'
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DATE: 2-18-81
SUBJECT: Perma-Steel Construction
DEPARTMENT: City Manager
BACKGROUND: As discussed in Council work session on Feb. 2. and Council
meeting of Feb. 9, Mr. Bob Ash needs decision if he-may proceed with construction
of Single-family and Multi-family homes using unique construction methods which
were briefed to the Council.
As instructed by the Council, 16 property owners were notified in writing of
Mr. Ash's intent to vary from the Brick Ordinance (attached) and construct
Multi-family dwellings in the College Hills Addition.
In addition 4 citizens were personally visited by the city staff for their
comments. The following is alsummary of their comments:
Mr. Wade, Fort Worth Christian - had no negative comments.
Mrs. Perkins, No negative comments - do not necessarily want apartments but
had no obejctions to this particular type - rather liked this design.
(OVER)
CITY COUNCIL ACTION REQUIRED: Approve or deny permission to construct
homes using perma-steel construction.
•
BUDGETED ITEM: YES N/A NO .
ACCOUNT NUMBER: N/A Lfr
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Mrs-.. Bi'S8ers- - Did not have any obì*,ctions.
Mrs-. Sparkman .... Did notwàn~ them. Very opposed.
One property owner~ .Mrs. Stevens~ objected in written form~
see attached letter.
',t.fr., Ash will be pres'ent.
Photographs of the Haltom City homes are attached.
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City of JX.ðrth Richland Hills, Texas
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February 13, 1981
Dear Property Owner;
The City Council of the City of North Richland Hills will meet
February 23, 1981 at 7:30 p, M. at the Cit.}' Hall, 7301 N.E.
Loop 820, to hear and detenmine the application of Bob Ash,
Penna Steel Structures, Inc., to vary frorll the Brick Ordinance
#784 and be allowed to' build quadruplexes on Lots 17, 18, & 19,
Block 4, College Hill Addition. .
This property is located at the southeast corner of Abbott Ave.
and College Circle.
All interested parties are invited to attend and to voice their
views on this matter.
Sincerely,
--L~ /J!HAd
Jeanette Moore
'p~s~ There is ,a rendering available for viewing in the Planning
and Zoning Department.
we
(817) 281¡0041 / 7301 N.E. LOOP 820 / P. O. BOX 13305 / NORTH RICHLANO HilLS, TEXAS 76118
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ORDINANCE NO. 650
BE IT ORDAINED BY TriE CITY COUNCIL OF THE CITY OF· NORTH RICHLANO
HILLS, TEXAS, that Ordinance No. 129, heretofore passed and adopted on
December 14, 1964, be amended as follows:
ARTICLE I shall be amended by deleting the first sentence thereof and sub-
stituting the following.;
liThe Southern Standard Building Code, 1960~61 Revision, together with all
amendments, revisions and additions thereto,. to date hereof, and expressly
including the197~2 Revision, a copy of which shall be maintained on file
in the office of the City Secretary of the City of North RichlandHills,
-Texas, is hereby adopted and designated as the Building Code of the City of
North Richland Hills, Texas, the same as if such code, amendments, revisions
and addi·tions were copied at length herein, subject, however, to the fOllowing
om~i'ssion~, amendments and additi~ns. II
ARTICLE I shall be further amended by deleting "Section 1.01vl& therefrom
and substituting therefor, ~he following:
"Section 1.01
v. All multi-family, two famHy and one family dwellings shall
have exterior walls constructed of 75% brick, stone, or if approved by the City
Council, other masonry or materials of equal characteristics. Exterior wall
shall mean that exposed portion of the building from the foundation up to the
ceiling line of the first floor of the building.
ARTICLE IV shall be amended by adding the following section:
"Section 4.01
a. ' Sidewalks shall be installed on both sides of all Collectór and
Thoroughfare Streets, The s.idewalks shall be four (4t) foot in width and where
sidewalks intersect qt a comer the entire radius shall be part of the sidewalk.
Other specifications for sidewalks s~ll be as specified by the City Engineers. .
Sidewalk installation shall start at the property-line and extend four (4t)
feet toNiIrd the street. In subdivisions where asphalt or concrete parking lots
are allONed to be extended to the street, sidewl ks shall be installed as
stipulated above.·
Passage of th;s Ord·inance repeals. Ordinance 478.
e
PASSED AND ADOPTED THIS
13th
day of January
, 1977.
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DATE: 2-19-81
.
SUBJECT:
Section 10.4
Parker-Crostol'] Assocìat~sr Rp,qIJP'\ting VarTi'lnre from Qrdil1anc~'650'
DEPARTMENT: City Manager
BACKGROUND: This firm requests a variance from our ordinance (attached)
. .
requiring 75% brick~
-'
They would like to build a building with. wood or inexpenSive
outside building material for the exterior.
Comments
1) The indicatipn ~ is stil rfor a. temporary but]~ing not ,a permanent
structure and if a temporary, how long.
2) Sprinkling a building to meet the National Fire Standards, by
~"
bricking 75%. '
which we are governed, the cost would cöme close to that of
~
,I
Fire Hazard
The Fire Chief and Code Enforcement Officer request d~nialr
I concur.
CITY COUNCIL ACTION REQUIRED:
l'
BUDGETED ITEM:' YES
N/ A . NO
ACCOUNT NUMBER: N/A,
------------------------------------------~------------------------------------
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SUBJECT:
Variarice from Building Code
DEPARTMENT: Building ,Official: Bill Rice
BACKGROUND: According to the Building Codes~·buildings housing hospital personnel'
must.be type occupancy I-I type'V-l br co~truction which requires noncombustible~
materia1 and is restricted to masonry, steel, plus 1 hr. fire rated construction
interior. To våryfram these requirements for'temporary'construction for
,hospital housing not only would be contrary ,to building codes but also the Fire
Code and' the Zoning Ordinance which 'states buildings in this zaneta be masonry
or st~el construction for fire ratings. ,If allowed to build for temporary
'housing; the city would later have to demand ~hat structure is nonconforcdng and
have it torn down and probl~ would exis~.
Recol1l11end disapproval
CITY COUNCIL ACTION REQUIRED:
Appr~~~r~~var~ance
,
.~4/¡L
.BUDGETED ITEM: ': YES
NO X
, ~
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ACCOUNT NUMBER':,
: .
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PARKER · CROSTON
ASSOCIATES
ARCHITECTS · ENGINEERS · PLANNERS
P. O. BOX 1927 · 3108 w. 6th St. · FORT WORTH. TEXAS 76101 · (817) 332-8464
February 13, 1981
Mr. Chuck Williams, City Manager
City of North Richland Hills
P. o. Box 18609
Fort Worth, TX 76118
Dear Mr. Williams:
·1
As the architects for the new Schick Shadel Hospital expansion program
we have been told that we may not move on site or build any temporary
structure which houses personnel. The City Building Inspection
Department has been very helpful with most of our needs and is more thân
willing to help us work through this or any other bu~lding related
problem. However, we have been told that the City of North Richland
Hills requires anon-combustible exterior covering on all buildings,
which house hospital personnel, which is restricted to brick. steer-or
rock, plus a one-hour fire rated interior wàrr. I would very much
~eclate the opportunity to discuss this wittt the Council and request
a possible waiver of this requirement at your next Council meeting.
~~w:-;; I would like to proposes is a wood or other inexpensive building
~ material exterior, with a o~e-hour rated interior wall that is sprinklered.
Since this building would only be an interim expansion measure until the
new facility is compl,te, we feel that the estimated expense of building a
brick veneer building is an unrecoupable cost and hardship for the
hospital.
Than you for your consideration and I will look forward to hearing frOB
you.
Very truly yours,
PA1UŒR~STON ASSOC~S
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cc:Mr. Jim Roberts, Assistant Administrator
Schick Shadel Hospital
4101 Frawley Drive
Fort Worth, TX 76118
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ORDINANCE NO. 650
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS, that Ordinance No. 129, heretofore passed and adopted on
December 14, 1964, be amended as follows:
ARTICLE I shall be amended by deleting the first sentence thereof and sub-
sti tuting the fo1lowi ng.;
liThe Southern Standard Building Code, 1960-61 Revision, together with all
amend~nts, revisions and additions thereto,. to date hereof, and exp~ssly
including the 1971-72 Revision, a copy of which shall be maintained on file
in the office of the City Secretary of the City of North Rich1and Hills,
·Texas, is hereby adopted and designated as the Building Code of the City of
North Ri.ch1and Hills, Texas, the same as if such code, amend~nts, revisions
and additions were copied at length herein, subject, however, to the fOllowing
omissions, amendments and additions. II
ARTICLE I shall be further a~nded by deleting "Section 1.0lv" therefrom
and substituting therefor, the fOllowing:
"Section 1.01
.
v. All multi-family, two family and one family dwellings shall
have exterior walls constructed of 75% brick, stone, or if approved by the City
Council, other masonry or materials of equal characteristics. Exterior wall
shall ~an that exposed portion of the bUilding from the foundation up to the
ceiling line of the first floor of the bUilding.
ARTICLE IV shall be a~nded by adding the fOllowing section:
"Section 4.01
a. Sidewalks shall be installed on both sides of all Collector and
Thoroughfare Streets. The s.idewa1ks shall be four (41) foot in width and where
sidewalks intersect ~ a corner the entire radius shall be part of the sidewalk.
Other specifications for sidewalks shall be as specified by the City Engineers.
Sidewalk installation shall start at the property line and extend four (41)
feet toward the street. In subdivisions where asphalt or concrete parking lots
are allowed to be extended to the street, sidewalks shall be installed as
stipulated above."
Passage of this Ordinance repeals Ordinance 478.
PASSED AND ADOPTED THIS
13th
day of January
, 1977.
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Tom E. Newman, Ma or
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DATE:
2-19-81
Wrecker Service Rates (New Ordinanc~)
SUBJECT:
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DEPARTMENT: Police Department
BACKGROUND: The cost of doing business ~ncreases every year for the wrecker
companies. An example of these increases over the past five (5) yea,rs includes:
Gasoline· Costs:
).976 - Regular Gas 57¢ gallon
1978 - Regular Gas - 63¢ ,gallon
1981 - Regular Gas - $1.35 gallon
(Expected increase to $1.50 gallon by the end
of this year).
Fuel costs have increased by 136% since 1976. (57¢ gallon,vs.
$1.35 gallon)
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other Cas ts':
Since 1976:
continued next page
CITY COUNCIL ACTION REQUIRED:
Approve new or4inanc~.
.,
BUDGETED ITEM:' YES' NO X
ACCOUNT NUMBER: N/A
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Repairs have increased 40%
Cost of Wreckers have increased ,45%
Wages have increased 30%
The current approved basic wrecker weekday towing fee is the same that was
in effect in 1976 ($25.00). In 1978, the base charge for nights, weekends and
hOlidays was increased from $27.50 to $30.00.
With the increased cost of doing business since 1976, the wrecker companies
are finding it difficult to earn a fair profit from their operation.
Therefore, the attached ordinance provides for the fOllowing:
(1) Increase basic fee for weekdays from $25.00 to
$32.50 (up 30%)
(2) Increase basic night, weekends, and holiday fee from
$30.00 to $37.50 (up 25%)
A survey of area cities' current fees shows the following:
Day Nights, Weekends, Holidays
1. Fort W9rth $35.00 $35.00
2. Dallas 30.00 30.00
3. Euless 30.00 30.00 1
4. Hurst 30.00 30.00
asking for an
5. Haltom, City 30.00 30.00 increase this year.
6. Arlington 32.50 37.50 1
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Based on this information, the requested increases in the towing fees
are recommended.
The current Wrecker Ordinance #778 has other changes that were needed and
those portions of the ordinance where changes have been made are indicated
in the margin.
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ORDll~ANCE NO.
AN ORDINANCE ESTABLISHING A WRECKER ROTATION LIST;
REQUIRING A PERMIT FOR WRECKER COMPANIES TO BE PLACED
ON THE ROTATION LIST; SETTING FORTH RULES AND REGULATIONS
PERTAINING TO THE OPERATION OF SUCH WRECKER COMPANIES;
ESTABLISHING WRECKER PERMIT FEE; ESTABLISHING RATES AND
THE HOURS OF AVAILABILITY FOR RECLAIM BY THE VEHICLE'S
O\iNER; PROVIDING FOR THE INDEFINITE SUSPENSION OF WRECKER
SERVICE PERMITS; PROVIDING FOR A PENALTY FOR VIOLATION
OR OPERATING WITHOUT A VALID PERMIT; AND DECLARING AN
E~ŒRGENCY .
BE IT ORDAINED by the City Council of the City of North Richland
Hills, Texas:
I.
The following terms, where used in this ordinance, shall have
the meaning and effect hereinafter set forth.
1. Wrecker Vehicles: Any motor vehicle used systematically
or regularly as a tow vehicle for another motor vehicle.
2. Damaged Motor Vehicles: Any motor vehicle inoperative as
a result of a collision or otherwise.
3. Abandoned Motor Vehicles: Any motor vehicle left unattended
on a public street or other public property for a period in
excess of forty-eight (48) hours.
4. Stored Vehicles: Any vehicle held for safekeeping by
licensed wrecker company.
II.
No person, firm, or partnership corporation shall be placed on
the wrecker rotation list for the City of North Richland Hills, Texas,
unless they possess a current wrecker service permit from the City, and
approved to operate same through the Chief of Police. The wrecker rotation
list shall be limited to four (4) qualified and approved wrecker services.
-.........
III.
All applicants for wrecker service permit must furnish the Chief
of Police with the following:
1. A written application for each wrecker stating the location
of applicant's storage facilities where all damaged,
inoperative and abandoned vehicles will be taken for
safekeeping.
2. All wrecker companies shall carry insurance in limits of not
less than the following sums and shall furnish to the Chief
of Police a copy of their insurance policy indicating the
coverages and amounts:
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See. 1
C 6.
[ 7.
(a) Bodily Injury Liability: $10,000 for each person;
$20,000 for each accident.
(b) Property Damage: $10,000 for each wrecker vehicle.
3.
The written application for a wreckèr service permit shall
state the names, drivers license numbers, addresses, and
telephone numbers of those persons who will operate appli-
cant's storage area. All of the required information must
be kept current, showing all additions and/or deletions
to the approved applications on file with the City.
L
4.
The written application for a wrecker service permit must
contain a statement of applicant's fees for towing and
storage.
5.
The Chief of Police shall issue said permits to all appli-
cants complying with the provisions of this ordinance after
the applications have been completed and filed in his office,
the permit fees paid, and after the Chief of Police or his
duly authorized representative has inspected each such
wrecker and determined that the wrecker complies with the
following minimum requirements:
(a) Each wrecker shall not be less than one ton in size.
(b) Each wrecker shall be equipped with a power take-off
winch, winch line and boom, with a factory rated capa-
city of not less than 5,000 pounds.
(c) Each wrecker shall carry as standard equipment a tow
bar, safety chains, a fire extinguisher, wrecker bar,
broom, axe, shovel, flags, flares, and scotch blocks.
(d) Each wrecker shall have inscribed on each side thereof
in letters not less than three inches in height the
name and address of the company.
(e) Each wrecker shall be radio equipped for communications
with the North Richland Hills Police Department.
Such wrecker service permit fee shall be $10.00 for each
wrecker on which a permit is desired. All permits issued
shall expire on December 31 of the year in which they were
issued.
All wrecker permits shall be visibly displayed on the inside
lower right corner of the windshield of each wrecker operated
wi·thin the Ci ty.
IV.
All wrecker companies desiring to be called for wrecker service
by the City Police Department shall request in writing to be
placed on the wrecker rotation list maintained by the Pol~ce
Department and in addition to meeting the above requirements
shall cerfity that all cars towed from within the city limits
of North Richland Hills shall be stored in facilities located
in the City of North Richland Hills or any other such location
agreed upon by the owner/driver of the vehicle and the wrecker
company. All suc~ wrecker company storage facilities shall be
located in the City of North Richland Hills or within òne (1)
mile of the City Limits of North Richland Hills. Such storage
facilities located in North Rich1and Hi11S/~¡ßb~~~~roper~
L zoned area.-...!l~ ~§.~rage facilities sha1JA'I:>e^eñ'2Lß'!;'etT'Dr aT'''''' S"
permanent ~ fence,.. _sllary "'-qg!Ø5 "81-:<'1 t.tn.n;! (u......""t-~r
w8sistaat rcdwood, @&?.,..,., QJ:: .equal>lnot less than ~h. t6r~
~a R8i8Àt fr9m all. direcr;~DIL_
¿
Sec. 2 Wrecker companies desiring to be placed on the wrecker rotation
list shall carry Garage Keepers Extra Legal liability insurance
to cover the maximum number of customers; automobiles stored
for damage due to fire, explosion, theft, riot, vandalism and
collision. A cash escrow deposit in the amount of $5,000.00
or an acceptable fidelity bond in the amount of $5,000.00
insuring and nameing the City of North Richland Hills as
beneficiary against physical damage loss to stored vehicles,
theft of stored vehicles or any part thereof, or theft of
contents of stored vehicles may be furnished in lieu of Garage
Keepers liability insurance.
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Sec. 3 The wrecker rotation list shall be used for all vehicles on
which a pull is requested by the North Richland Hills Police
Department.
Sec. 1
Sec. 2
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v.
When a police officer investigation of an accident determines
that any vehicle which has been involved in a collision or
accident is unable to proceed safely under it's own power, or
when the owner thereof is ~~~.ca!"!:1 unable to drive such vehicle,
the officer sahlI request the owner to designate the wrecker
company the owner desires to remove the vehicle. When the owner
has designated the wrecker company desired, the police officer
shall communicate the fact immediately to Police Department
Headquarters, and it shall be the duty of the dispatcher receiv-
ing such information at headquarters to call the designated
company.
In the event the owner of the vehicle involved in an accident
or collision is physically unable to designate the wrecker company
desired, or refused to designate one the investigating officer
shall communicate that fact immediately to Police Department
Headquarters. The Police Department shall maintain a wrecker
rotation list in alphabetical order which shall contain the
names and addresses of each wrecker service company that
complies with the provisions of Article III of this ordinance
e
in order that siad company might be called upon for wrecker
service by the Police Department. The police officer receiving
a call at the Police Headquarters for wrecker service shall
call the first wrecker company on the list to tow the disabled
vehicle or move the same from the public streets of the city~
After the company at the top of the list received a call then
the company's name shall be plåced at the bottom of the list
and the next company shall be moved to the top of the list and
it shall receive calls. This process shall be repeated until
each company providing wrecker service under the provisions of
this ordinance has received calls. The Police Department shall
notify each wrecker company in sufficient time prior to its
rendering said wrecker service in order that the company might
adequately provide the necessary men and equipment to answer
said calls.
Sec. 3
In the event a wrecker service company is requested by the Police
Department to make a call and the company agrees to make said
call then the company shall proceed immediately to the scene
where it is directed and shall be given a reasonable length of
time in which to reach said location. If the wrecker service
company answering said call has not reached said location with-
in a reasonable length of time then the officer at the scene may
proceed to call the next wrecker service company on the list and
that company shall have priority over that particular call. In
the event that the wrecker service company called fails to comply
with the provisions of the ordinance by proceeding to the desig-
nated place within the time specified above then this wrecker
service company shall be removed from the top of the list and
placed at the bottom of the list.
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VI.
All wrecker companies on the wrecker rotation list which are
called for wrecker service by the North Richland Hills Police Department
shall comply with the following schedule of rates and the hours of avail-
ability for reclaim by the vehicle's owners.
[1. Base charge for weekdays (8 AM to 5:30 PM) $32.50 ~
2. Base charge for nights, weekends, and holidays $37.50 ;-
3. Use of dollies $15.00
4. Use of winch $12.50
5. Drop drive shaft $ 6.00
6. Stand-by time (after initial 15 min.) per hour $15.00
e 7. Vehicles of 1 ton and greater and up to 3 tons $35.00
8. Vehicles in excess of 3 tons $50.00
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Vehicles need not be released except during the hours of 8 AM to
5:30 PM on week days and 8 AJI to 12 noon on Saturdays.
VII.
No damaged or inoperative motor vehicle or trailer shall be re-
moved by the owner or a wrecker service company from the scene of a collision
or vehicle accident without notification to the North Rich1and Hills Police
Department.
VIII.
No person shall drive a wrecker to or near the scene of an accident
within the City of North Richland Hills unless such person has be~n called
to the scene by the owner of the vehicle or his authorized representative
or by the Police Department. Each such wrecker operator, when called by
the owner of a disabled vehicle or his authorized representative, shall
notify the Police Dispatcher before proceeding to the scene of the disabled
vehicle.
IX.
Solicitation of Wrecker Business Progibited - No persons shall
solicit any wrecker business in any manner, directly or indirectly, on
the streets of North Richland Hills at or near the scene of an accident
or of wrecked or diabled vehicles.
X.
Debris at Accident Scene to be Removed - Each wrecker company
called to the scene of an accident shall completely remove from the street
all resulting wreckage or debris, including all broken glass, before leav-
ing the site.
XI.
No employee of the City of North Richland Hills shall recommend
to any person, directly or indirectly, either by word, gesture, sign or
otherwise, the name of any particular person or firm engaged in the wrecker
business, nor shall any city employee influence or attempt to influence in
any manner a decision of a person in choosing or selecting a wrecker operator.
XII.
The Chief of Police or his authorized representative, shall en-
force this ordinance and make such inspection of facilities as deemed
necessary. Any variance from the provisions of this ordinance must be
approved in advance in writing by the Chief of Police.
XIII.
Sec. 1 The Chief of Police may, subject to the approval of the City
Manager, indefinitely su~ the wrecker service permit issued to any
company or any oriãlI wreckers belonging to the company for violation of
any of the provisions of this ordinance.
Sec. 2
Any person whose permit has been suspended may file an appeal to the
City Council. The City Council shall have authority upon the
hearing of the appeal to reverse, vacate or modify the suspension.
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XIV.
All wreckers shall be driven at posted speeds unless otherwis~
directed by the officer in charge at the scene of the accident.
xv .
The wrecker company shall furnish the North Richland Hills Police
Department with the description and registeration number of any vehicles
which the company has been unable to locate the owner. This information
shall be furnished within ten days from the date the company took custody
of the vehicle.
XVI.
If the initial request for a pull comes from the North Richland
Hills Police Department, no release shall be granted without authorization
from the North Richland Hills Police Department. This provision shall not
apply to pulls at owner's request which are relayed to the wrecker company
by the Police Department. The police dispatcher shall inform the wrecker
company whether a pull is owner's request or Police Department request.
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XVII.
Any person, firm or corporation or agent who shall operate a
wrecker without a permit or while a permit is under suspension is in
violation of this ordinance, shall upon conviction in the Court of Juris-
diction for any such violation be punished by a fine of not more than
TWO HUNDRED DOLLARS ($200.00).
XVIII.
If any section, sub-section, sentence, clause, or phrase of this
ordinance is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this code.
XIX.
All ordinances and parts of ordinancws in conflict herewith, shall
be, and the same are hereby repealed.
xx.
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The fact that it is to the best interest of the City and its
inhabitants, constitutes a measure for immediate preservation of the public
peace, property, health, and safety of the City and i~s inhabitants, and
creates an emergency requiring this ordinance be effective from and after
its passage, and it is so ordained.
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PASSED AND APPROVED this
day of
t 19_
ATTEST:
City Secretary - Jeanette Moore
APPROVED AS TO LEGALITY AND FORM:
City Attorney - Rex McEntire
To see Maps with Agenda:
Please contact City
Secretary's Office /
Municipal Records