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HomeMy WebLinkAboutCC 1980-09-15 Agendas1 AGENDA SUMMARY TO: Mayor and City -Council SUBJECT: Council Meeting for September 15, 1980 Items on Council Session: 1 - 3. Self Explanatory DATE: September 11, 1980 4. This is a council appointment of members to the Planning & Zoning Commission. 5. This item pertains to a final plat of a proposed McDonald's Restaurant and Gulf Oil. Station at the northeast corner of Rufe Snow Drive and Loop 820. Planning & Zoning recommends approval subject to Engineer's comments. 6. This item pertains to final plat of Industrial Park Addition. This is the future home of Ohio Sealy. Planning & Zoning recommends approval. 7-9-11., Brentwood'Estates. This area is located on both sides of Davis ® Boulevard. Mr. Barfield has submitted for rezoning to single family dwellings (lF-8-1400), four commercial tracts, and one local retail tract. This item was postponed from a previous council meeting.. Planning & Zoning recommended approval. 8-10-12. Ordinances for PZ 80-21, PZ 80-22, PZ 80-23. Ordinances for Brentwood Estate properties. 13 - 15. These items refer to a triangular area located west of Precinct Line Road and North of Amundson Drive at the St. Louis Southwestern Railroad. These two zoning requests include rezoning from agriculture to one family dwelling and corner lots to local retail. Planning & Zoning denied requests due to their feeling that property close to the railroad should remain for industrial development . 14 - 16. Ordinances for PZ 80-25 and PZ 80-26. These are the above explained cases. 17. Ordinance to abandon -sewer line and easement. Easement on sewer line is no longer usable. The lift station was abandoned and sewer line was directed to Fossil Creek sewer line. The old abandoned sewer line i-s not in the easement, it is some 20 feet north of the recorded easement. 18. Lone Star Gas Company rate increase. This item has been pending since April awaiting the outcome of a outside consultant rate study. Details are included on the summary sheet. 19. This agreement is between St. Louis Southwest Railway Co. and the City to extend Browning Boulevard. All costs will be paid by the developer. Council action required to authorize Mayor to sign. r Agenda Summary September 11, 1980 Page 2 20. Vacating a portion of Riviera Drive east of Ken Michael. This portion will be permanently closed as a result of this Ordinance. This action has been requested by the Snow Heights Homeowners Association. 21. Bid on Fire Apparatus. This item will be discussed in pre - council by Stan Gertz. Method of payment is on summary sheet. 22. Animal Control Ordinance. This item will be discussed in pre - council by Ron McKinney. 23. This is for final payment on the Bursey Road Drainage Improvements. Payable to: Joe R. Starks Construction Co., Inc. in the amount of $41,736.74. This will be paid from Utility Bond Money. mr /d' Charles W.-Williams City Manager CITY OF NORTH RrCNLAND HILLS CITY COUNCIL AGENDA MW Se-tember 15, 1980 n the City Hall, 7301 N.E. Loop 820. For she Meeting O t 7:30 NUMD ER . ITEM! ACTION TAKEN PRE -COUNCIL 6 : 00 P . 1. 1 . Discussion of bids for Fire Apparatus, Presented by Stan Gertz 2. Discussion of Animal Control. Ordinance, Presented by Ron McKinney COUNCIL 7:30 P.M. 1. Cal 1 to order 2. Roll Call 3. Invocation 4. Confirmation of. appointments for Planning & Zoning Commission 5. PS 80-30 - Request for Final Plat of Blocks 1 R & 4, Snow Heights North Addition 6. PS 80-31 - Request for Final Plat of Lot 2, Block 2 and Lot 1 , Block 3, Industrial Park Addition f 7. Public Hearing - PZ 80-21 , Request of John Barfield to rezone portions of Tracts 3A, 3B , 4A & 5, Brentwood Estates from Agri cut ture to 1 F-8-1400- One Family Dwelling 8. Consideration of Ordinance for PZ 80-21 9. Public Heari ng - PZ 80-22 , Request of John Barfield to rezone poftions of Tracts 3A, 3B9 4A, 4B; Brentwood Estates from Agriculture to Commercial CITY OF NORTH RrCHLAND HILLS CITY COUNCIL AGENDA • 980 , in the Cif Ha11, 730`� N.E. Loop 820. For the Meeting September 15,. �.._..�.....�...� at 7.30 �.m � NUMBER ITEM ACTION TAKEN 10. Consideration of Ordinance for PZ 80-22 l l . Public Hearing - PZ 80-23, Request of John Barfield to rezone portions of Tract 3A, Brentwood Estates from Agriculture to Local Retail 12. Consideration of Ordinance for PZ 80-23 _ 13. Public Hearing__.- Appeal Hearing - PZ 80-259 Re uest of John Barfield to rezone a orti on of Tract 2, Abstract 1150 from Agriculture to 1 F--8-1400 14. Consideration of Ordinance for PZ 80-25 15. Public Hearing - Appeal Hearing - PZ 80-26, Request of John Barfield to rezone a portion of Tract 2, Abstract 1150, from Agriculture to Local Retail 16. Consideration of Ordinance for PZ 80-26 17. Consideration of Ordinance for the abandonment of a sanitary sewer easement 18. Consideration of Ordinance for re ul ati n the rates and charges for Lone Star Gas Company 19. Consideration of agreement between St. Louis Southwestern Railway Co. and the City of North Ri-chl and Hills 20. Consideration of Ordinance for vacating a portion of Riviera Drive } CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA - September 15 , 1980 - �ai ne City 730 N.E. Loop 823. . r � � t h e Meeting sag .. P -- ,�.�.�... at 7 . � p.m.. y NUMER. ITEM ACTION TAKEN 21. Consideration of bids for Fire Apparatus 22. Consideration of Animal Control Ordinance 23. Consideration of final payment for Bursey Road Drainage Improvements, Payable to: Joe R. Starks Construction Company, Inc. , in the amount of: $41,736.74 24. Adjournment i Planning & Lon, n _ r nn_ rn - s a• = s a t ���� �•i,y 1.��l1l��r 0 a� Ron r�l a AI' ,►►rr�a n - - _ Address Empl of er Owns trucking company__ - �� Office 834-28T1 Phone _o,��� 281-448� s n ar:ie Children nar, a�►d z �s r r`�.' �► Z d c: t L t7 s L 2 t,�►' s i i 14 previous 0 C C U p a, o • -� n c1 Ly Co` �t ss i ons 1� rs11i 0s, 0rga.n� z a LI oner and rev��'' - -w ,. - , x--- :;:. ,;t� ,.;� h erne =ia. fi c �i ors and, 0 i.•�jil +�V Lam. (Abo1.� L �,�� ur-S2 1 1 � i,►cly �rvL, si .��r- ..� - _ per. nan L 3n ��►... -� j _ . _ 40 r� 4F for -► :ve a mi -76 11 ��i �1C INC Eiiiiployer �ix q p h 0 n Offs ce 111i fe s name A Q • Tj L Chi I dre n s n a m. Zm_ P, n d Z g since eo Resi dent- o f the Ci ty 1�,�P{�iC�Szz, i— Previous Re Sn c e.EC lc.*�j 0 C C U p aL.0n cc inn cz - xience on Orga-Miza-tiens and PrevPreview tper 49 40 L SZ 04 -- u-y S�tSpre. Ualificat orS and 0'1L • CGTOl3nAleut yorsell Its q p e rti sent i ri cc) 44 oe 00) .... ...... 7- PROFILE FOR PROSPECTIVE COMMISSION M.: xMBERS .r... r A Address Employer Phone : Home — .� . Office Wife I s Dame r Chi idren' s Name and • Age s -r2�-- fC2X1-A Resident o.f the City since ` Previous Residence � Oc c up a. ti on � /� � � ��� � _ Ir' -� DO You own real ra ert - p � � i � i�ort� ..R �z chl aid Hills? des � � . _ � �0 - Memberships, Organizations and Previous Experience on CityCorrmi. - ss�,On . L '7' 04, 1 ' r ment (About yourself, why you wish to serve, ualifications and oUga � q r, e r$.J..nent i..i1forma titin . } t WZA 2 /ja2f 00 PZ r- /47, 07- 7n 77-7 10or ►1 iirYi4.. -- r-4 M �.YrNrin....rry r1.rh W I* 10 0 DATE: 9/10/80 El re SUBJECT: Appointments to Planning & Zoni n,q Commission DEPARTMENT: Planning & Zoning BACKGROUND-. The following individuals will be appointed to serve on the Planning & Zoning Commission: Mr. Jim Ramsey —� Mr. Don Bowen fi r Mr.. Ronnie Newman They will replace Mary Jo Shaun ty (Expired Term) , Warren Eckhardt E ( xpi red Term) , and Jack Knowles (.Resigned). This. is a council appointment. CITY COUNCIL ACTION REQUIRED: Confirm the new Planning & Zoning Appointments BUDGETED ITEM: YES NO N/A ACCOUNT NUMBER: t I* - DATE: 9-9-80 SUBJECT: PS 80-3O Final Plat of Blocks 1R & 4, Snow Heights North Addition DEPARTMENT: Planning ana coning BACKGROUND: This is two tracts of land, -Block 1R is proposed for a McDonald's Fast Food and Block 4 is proposed for Gulf Oil possibly a service station. There were several comments from the City -Engineer regarding this plat and all have been answered in their En ineer's letter dated 8-15-80. This property is located on the northeast corner of Rufe Snow Drive and Loop 820. The Planning and Zoning Commission recommended approval subject to the Engineer's comments. CITY CODICIL ACTION REQUIRED: Auroyal or Denial BUDGETED ITEM: YES NO -� ACCOUNT NUMBER _ ■ CALL TO ORDER ROLL CALL P ION OF THE MINUTES LY 24, 1980 NEW BUSINESS 5 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF. NORTH RICHLAND HILLS, TEXAS, AUGUST 28, 1980 The Chairman, Mary Jo Shaunty, called the meeting to order at 7 : 35 P.M. PRESENT: CHAIRMAN Jo Shaunty SECRETARY Warren Eckhardt MEMBER Marjorie Nash ABSEN, Carl Greenfield CITY STAFF PRESENT: ASST. CITY MANAGER Dennis Horvath BUILDING OFFICIAL Gary Cal dwel 1 P & Z COORDINATOR Wanda Calvert The Chairman moved this item to the end of the agenda. PS 80-29 Request of Cross Roads Development Company APPROVED for preliminary plat of Blocks 1R and 4, Snow Heights North Addition. PS 80-30 Request of Cross Roads Development Company APPROVED for final plat of Blocks 1R and 4, Snow Heights North Addition. Delbert Stembridge, Consulting Engineer, came forward to represent Cross Roads Development Company. Mr. Stembridge stated this was two tracts of land at the corner of Rufe Snow Drive and Loop 820. He said they had a contract pending on these tracts, one for Gulf Oil and one for a McDonalds . Mr. Stembridge said he had received the Engineer's letter dated August 15, 1980 and would like to address each comment: #1. The water layout sheets have been revised to reflect the correct location of the. future 16" water line in Rufe Snow Drive. #2. The developer agrees to pay his pro rata share of the future 16" water line. Page 2 Min P&Z utes August 28, 1980 c0 #3. In regard to a pro rata assessment for future construction costs on Rufe Snow Dr., the developer would prefer to enter into a letter of covenant, running with the land, agreeing to pay at such time as the improvements are made. #4. The sanitary sewer easement shown on the plans has been increased from 10 feet to 15 feet. #5. The requested 15 ft. easement will be added to the final plat prior to filing the plat for record. . #6 . Plans will be submitted to Lone Star Gas and Mobil Pipeline Co. for their approvals prior to beginning any construction. Mr. Stembridge said they also know they will need an easement from Bi rdvi 1 l e ISD and TESCO but they wanted to wait to see if the plat was approved before asking for them. V. The plans have been changed to indicate that the proposed .10" sanitary sewer across Holiday Lane will be installed by boring. #8. Mr. Stembridge said they had revised their construction plans, lowering the proposed sewer line to the lowest practical elevation and still allow them to intercept the existing 24" sanitary sewer. He said in checking the plans prepared by Ernest Hedgcoth, Engineer for Holiday North, it appears that if the same bottom slope for the proposed channel is maintained,, the flow line of the channel will be approximately 2.2 feet above the concrete encasement on _ our proposed 10" sanitary sewer. #9. The proposed 4" service under the TESCO right-of-way has been increased to 6" to facilitate future extensions. Mr. Stembridge said if they were unable to get the easements needed, they would just run the lines up Rufe Snow. The Chairman called for anyone wishing to speak in favor of or in opposition to these requests to please come forward. There being no one to speak, the Chairman closed the Public Hearing. Mr. Eckhardt moved, seconded by Mrs. Nash, to approve PS 80-29 subject to the Engineer's Page 3 P & Z Minutes ' August 28, 1980 - 4 comments. Motion carried 3-0. Mr. Eckhardt moved, seconded by Mrs. Nash, to approve PS 80-30 subject to the Engineer's comments. Motion carried 3-0. PS 80-31 Request of Stephen -Owen for final plat of APPROVED Lot 2, Block 2, & .Lot 1, Block 3, Industrial Park Addition, 2nd Filing. Dick Perkins with Teague, Nall, and Pe ins, Consulting Engineers, came forward t represent Jim Stephens and Charles wen , in their request. . Mr. Perkins said he had rece'- ed the Comment letter from Mr. Al n, City Engineer. He said the reason they d not submit the construction plans whe they brought in the final plat was becau they were not complete and they were tryi to save time. Mr. Perkins said the now have them ready for Mr. Al bi n' s ap oval and will deliver them to him and t city staff tomorrow. Mr. Perks said that if this plat is f approv they need to have it heard by the City, ounce l as soon as possible so Ohio Se y can get started right away. r. Perkins said the mattress company may use a temporary road into the property from the Watauga side. Mr. Horvath told Mr. Perkins the council had to cancel the City Council meeting for Sept. 22nd, but decided to call one for September 15th, so he would see to it this 'request is put on the 15th agenda. Mr. Perkins said he appreciated this since it would save them at least 30 days. Mr. Perkins said that since the comments they received on the preliminary plat had to be taken care of on the final plat, he felt the comments would be rather minor regarding the final construction plans. Mr. Perkins said they are prepared to make whatever adjustments necessary. 40 Delbert R. Stembridge consulting engineer August 15, 1980 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Re: Snow Heights North Add--- ition Blo ks 1R &4 � Pre 1 im in a ry and Final Plans, PS 80-29�,30 a In response to Knowlton -English -Flowers letter of August 6 1980 regarding g '' g i.ng the above referenced project, c t , we offer the following comments: 1. The water layout sheets have been revised to reflect the correct location of the future 16" water line in Rufe Snow Dr. 2. The developer agrees to pay his pro rata share of the future 16" water line in Rufe Snow Dr. 3. In regard to a pro rata assessment for future construc- tion costs on Rufe Snow Dr., the developer would prefer to enter into a letter of covenant, running with the land, agreeing to pay his pro rata share at such time as the improvements are made, 4. The sanitary sewer easement shown on the plans has been increased from 10 feet to 15 feet. 5. The requested 15 foot easement will be added to the final plat prior to filing the plat for record, 6. Plans will be submitted to Lone Star Gas and Mobil Pipeline Co. for their approvals prior to beginning any construction. 7. The plans have been changed to indicate that the pro- posed 10-inch sanitary sewer across Holiday Lane will be installed by boring, 3729 Flory * North Richland Hills • 76118 • (817) 284-9363 l ' i 8. We have revised our construction plans, loweringthe ro osed e - - p p sewer line to • the lowest practical elevation and still allow us to intercept the existing 24" sani- tary sewer. In checking plans prepared by Ernest Hedgecoth, P.E-, Engineer for Holiday North, it appears that if the same bottom slope for the proposed channel is maintained, the flow line of the channel will be approximately 2.2 feet above the concrete encasement on our proposed 10-inch sanitary sewer, 9. The proposed 4-inch service under the TESCO right-of-way g y has been increased to 6 inches to facilitate future ' extensions, Should there be any questions regarding these comments lease do not hesitate to call. ' P Sincerely, r Delbert R." Stem ridge, P. E - cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell,, Building Official Mr. Allen Bronstad, Director of Utilities Mr. Richard Albin, P.E. - Knowlton -English -Flowers Mr. John C. Cook Ig KNOWLTON- ENGLISH- FLOWERS, INC. • CONSULTING ENGINEERS /Fort Worth -Dallas August 6, 1980 Planning and Zoning Commission City of North Richland Hills 7301 N . E . Loop 820 North Richland Hills, Texas 76118 Subject: 3-,929 , CITY 0 F ' NORTH RI CHLAND ' H ILLS SNOW ' HE I GHTS ' NORTH ADDITION , BLOCKS, 1R & 4 , PRELIMINARY AND FINAL PLANS' PS 80 0"29 ,30 We have reviewed the preliminary and final plans for the subject subdivision and offer the following comments: 1. The water layout sheet indicates that the future 16'ami nch water line in Rufe Snow Drive is located approximately 3 feet west -of the ' proposed east -right-of-way line. However, the construction plans which are complete and approved by the City Council provide for the line to be located within the existing right -of -,`•gay 50 feet west of the future east right -of- way line dedication. Should this platting be approved, we will revise the water line plans to include two (2) one -inch threaded outlets and corporation stops at the approximate locations shown on the water layout sheet for future water service to Blocks 1R and 4. . 2 0 , The Developer should be required to pay his pro rata share of the future 16-inch water line in Rufe Snow and along the I.H. 820 frontage road. We estimate pro rata at $5.50 per lineal foot for an equivalent 8-inch line as required for Local Retail Zoning for a total distance of 478- 21 feet based on the dedicated frontage. . 3. The Developer should be required to pay his pro rata share of the future construction of Rufe Snow Drive. The proposed assessment rate, based on prel iminary estimates of construction costs is $56.47 per front foot. The total front footage based on the future r.i ght-of-way line is 323 -09 feet. 4. We have studied the proposed outfal l sewer line shown on the sewer layout sheet and have determined that the size is adequate to serve the drainage area north of I.H. 820, south of the divide located approximately 700 feet north of Lewis Drive, last of Rufe Snow and West of Holiday Lane. However, the utility department has requested that the proposed 10-foot sanitary sewer easement be increased to 15 feet for ease of maintenance access. .5. The requested 15- foot sanitary sewer easement along with additional easements required for other utility service should be shown on the final plat. 550 FIRST STATE BANK BLDG. - BEDFORD, TEXAS 76021 - 817/283-6211 - METRO/267-3367 r t, t Page 2 -- Planni.ng and Zoning Commission August 6, 1980 6. Permits should be acquired from Lone Star Gas Co. and Mobile Pipeline Co. for sewer crossi.ngs over these rights-,of"way. 7. Open cutting across the Holiday Lane pavement will not be Ipermi tted. The proposed 10-inch sanitary sewer should be installed across'' Holiday Lane by boring, tunneling or jacking the ' pi pe. 8. We would request that the Developer's Engineer check with Ernest Hedgecoth , P . E . , Engineer for Holiday North, to verify that the design depth of the concrete encasement over the proposed 10-inch . R P p sanitary sewer i s sufficiently lower than the future f 1 owl i ne of Calloway Branch channel as determined from Mr. Hedgecoth's study. 9. We would request that the proposed 4-inch service line under the TESCO right-of-way at station 43+00 be increased to 6"i nches because of the possibility of future extensions north to serve other areas. Should you have any questions concerning the review of this subdivision, pl ease do not hes i tate to cal 1 r r RICHARD W. ALBIN, P.E. RWA : b,v g cc: Mr. Charles W. Will iams , City Manager Mr. Gary Caldwell, Building Official Mr. Allen Bronstad , Director of Utilities - � rCOPIYPANY August 4, 1980 Ms. Wanda Calvert _ Planning & Zoning Dept. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Dear Mr. Anderson; Texas Electric Service Company has reviewed the proposed re 1 at p of Blocks 1R & 4, Snow Heights North Addition to the City of North Richland Hills, Texas. Additional easements requested as shown in red on the attached plat. If we may be of further assistance, please call. Yours very truly, Wm. G. Stewart, P.E. Commercial and Industrial Supervisor WGS:Ifj cc: R. L. Fain r V "=1 0 . r) 7 t� • i' �J -- . r f� 1 r , T C %� ♦ a =� .r '.1 ' �.) r • . �.; ry �'� v i .i r ?;j 3 f �i i �� =j ;'t 'e '1 DATE: 9-9-80 C-1 SUBJECT: PS 80-31 Final plat of Lot 2, Block 2, & Lot 1, Block 3, Industrial Park Addition, 2nd Fi1in . DEPARTMENT: Planning and Zoning BACKGROUND: This ro ert , owned by Jim Stephens and Charles Owen is for the expansion of Graham Magnetics, new home of Ohio Sealy, and other Industrial development in the future. This property is located on both sides of the St. Louis & Southwestern railroad - and joins the Graham Magnetics on the south just west of Rufe Snow Drive. _The Pl anni n and Zoni n Commi-ssi on recommended approval subject n fans beinq submitted and the -Engineer s comments complied with. CITY COUNCIL ACTION REQUIRED: Approval or Denial BUDGETED ITEM: YES NO ACCOUNT NUP"i3ER: 1 Page 3 s K. P & Z Minutes August 28, 1980 I ( 0 comments. Motion carried 3-0. .F 1r ,. moved, seconded by Mrs. Nash, to approve PS 80-30 subject to the Engineer's comments. Motion carried 3-0. PS 80-31 Request of Stephen -Owen for final plat of APPROVED Lot 2, Block 2, & Lot 1, Block 3, Industrial Park Addition, 2nd Filing. Dick Perkins with Teague, Nall, and Perkins, Consulting Engineers, came forward to represent Jim Stephens and Charles Owen in their request. Mr. Perkins said he had received the Comment letter from Mr. Albin, City Engineer. He said the reason they did not submit the construction plans when they brought in the final plat was because they were not complete and they were trying to save time. Mr. Perkins said they now have them ready for Mr. Al bi n' s approval and will deliver them to him and the city staff tomorrow. Mr. Perkins said that if this plat is approved, they need to have it heard by the City Council as soon as possible so Ohio Sealy can get started right away. Mr. Perkins said the mattress -company may use a temporary road into the property from the Watauga side. Mr. Horvath told Mr. Perkins the council had to cancel the City Council meeting for Sept. 22nd, but decided to call one for September 15th, so he would see to it this*request is put on the 15th agenda.. Mr. Perkins said he appreciated this since it would save them at least 30 days. Mr. Perkins said that since the comments they received on the preliminary plat had to be taken care of on the final plat, he felt the comments would be rather minor regarding the final construction plans. Mr. Perkins said they are prepared to make whatever adjustments necessary. (.0 0 Page 4 P & Z Minutes August 28, 1980 CONSIDERATION OF THE MINUTES OF JULY 242 1980 ADJOURNMENT The Chairman called for anyone wishing to speak in favor of or in opposition to this request to please come forward. There being no one to speak, the Chairman closed the public hearing. Mrs. Nash moved, seconded by Mr. Eckhardt, to approve PS 80-31 subject to the con- struction plans being submitted and the Engineer's comments complied with. The motion carried 3-0. The Chairman stated they would have to postpone the approval of the minutes ce Mr. Greenfield was not present. The meeting adjourned a : 50 P.M. LA-knMAN PLANNING AND ZONING COMMISSION I (o _.Wo� SECRETARY PLAftITING AND ZONING CWMISSION IN 817 336-5773 . C.../ TEAGUE NALL AND PERKINS CONSfiv/1 ULTI N G E N G f N E E R 5 • August 10, 1980 The Honorable Mayor and City Council City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas Re: Industrial Park Addition Second Filing Final P1 at , and Construction Plans Dear Mayor and Council: We have received the review comment letter from your Engineer, dated September 9. 1980, for the subject subdivision . We are in agreement with the comments prove ded by your Engineer, and we will be happy to make these corrections to the construction plans prior to commencing 9 work. on the project. Thank you very much for your cooperation in providing a timely review, and also in placing this item on the September 15th Council agenda. Should there be an g y questions ons concerning this project prior to the Council meeting, please do not hesitate to call. Very truly yours, TEAGUE NALL AND PERKINSs INC. r r J. ichard Perkins, P.E. _ JRP/cn cc: Mr. Jim Stephens 210 West 6th Street, Suite 1200 Executive Plaza Building Fort Worth, Texas 76102 0 I• I KNOWLTON- ENGLISH- FLOWERS, INC. CONSULTING ENGINEERS /Fort Worth -Dallas September 9 , 1980 Planning & Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Subject: 3-897, CITY OF NORTH RICHLAND.HILLS, INDUSTRIAL PARK ADDITION, SECOND FILING, FINAL CONSTRUCTION PLANS We have reviewed the construction puns for the subject subdivision and offer the following comments: PAVING IMPROVEMENTS 1. We would suggest that cross -sections be included in the paving plans at Station 2+00 and Station 6+50 of Wul i ger Way showing the proposed embankment slopes where compacted fill is required. We would recommend that the embankment slopes be no steeper than 3 to 1. We would also suggest that the limits of the embankment slopes be plotted in the street plan on Sheet 5. 2. We would request that a copy of the lime series tests required to determine the percent of lime for subgrade stabilization be furnished to our office for review before street construction begins, WATER, SEWER, AND DRAINAGE IMPROVEMENTS 1. We would suggest that the City Building Inspection Staff and Fire Department make sure that adequate fire coverage is available for protection of the proposed structures since only a portion of the platted area is covered as shown on the Water Layout Sheet. Additional fire hydrants, water line extensions, and easements should be required for any buildings constructed outside the circles of coverage shown on the dater Layout Sheet, and such requirement should be made a part of the City -Developer Agreement, 2. We would request that no asbestos cement water pipe be used in this project and that any PVC sewer pipe used be limited to 12 feet of cover. Ductile iron sewer pipe should be used for depths of fill greater than 12 feet. 550 FIRST STATE BANK SLOG. - BEOFORO. TEXAS 76021 - 817/283-6211 - METRO/267-3367 i. 1 • Planning & Zoning Commission, Page 2 r� 3. We would suggest that a sanitary sewer manhole be constructed at the end of line "A" for ease of maintenance and future extension rather than an 8" plug as shown on Sheet 7. 4. Precept Court should be changed to Carlisle Court in both sets of Construction .P1 ans . ICHARD W. ALBIN, P.E. RWA/ 1 j c cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell, Building Official Mr. Allen Bronstad, Director of Utilities 0 16 l{ KN OWLTON- ENGLISH- FLOWERS, INC. it I CONSULTING ENGINEERS/ For[ Worth -Dallas August 5, 1980 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Subject: 3-897, CITY OF NORTH RI CHLAND HILLS, INDUSTRIAL PARK ADDITION, SECOND FILING, FINAL PLAT, PS 80-31 We have reviewed the final plat for the subject subdivision and offer the following comment: The Developer has submitted the final plat for your approval without the final construction plans. We have no objection to the plat and would recommend it to you for approval. However, we would suggest that the plat not be filed to record until we have had an opportunity to review the construction plans, which we understand will be submitted at a later date. Meanwhile, we will work with the Developer's Engineer to iron out the technical problems mentioned in our letter of July 17, 1980. We will advise the Commission and the Council concerning the final construction plans after they are submitted and reviewed. Should you have any questions concerning the review of this subdivision, please do not hesitate to call. f RICHARD W. ALBIN, P.E. RWA:bvg cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell , Bui 1 di ng Official Mr. Allen Bronstad, Director of Utilities 550 FIRST STATE BANK BLDG. - BEDFORD, TEXAS 76021 - 817/283-6211 - METRO/267-3367 r���r•r ir KNOWLTON- ENGLISH- FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth -Dallas July 179 1980 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Subject: 3-897, CITY OF NORTH RICHLAND HILLS, INDUSTRIAL. PARK ADDN . , LOT 22 BLOCK 2 AND BLOCK 3, PRELIMINARY PLANS, PS 80-24 We have reviewed the prel i mi nar' y plans for the subject subdivision the following � and offer 1 wi ng comments I. The names and addresses of the owners of this development should be shown on the plat. Also the names of all contiguous property owners should be shown as well. If this platting represents only a part of the contiguous tracts owned by the. Developer, then a preliminary of the�includingp y layout entire area should be shown tentative streets, drainage, water and sewer layouts. 2. A Planning and Zoning endorsement block has not been provided o p n the plat. 3. The zoning for this development should be shown wn on the plat as suggested by the Council, 4. The proposed southern boundary of this platting west of the S . p 9 t L. SVI. R.R. extends only to the centerline of the proposed Browning Drive ri ht-of- rovid � g way' This would provide only a 30-foot right-of-way, which, al though evi dentl will be temporary until dedication of the remaining ni ng m 30-feel can be y obtained, may not be sufficient for the type and volume of industrial al trafficg expected. We would request that the Developers comment on this and also indicate the street width, and pavement design proposed. 5. We would request that written evidence be provided that the St. Lo uis OU75 Southwestern Railway Company approves of the proposed street crossing design, s P p ng g storm drat nage construction and uti 1 i ty crossings within their right-of-way. 6. We would also request that written evidence be provided that the adjacent jacent (unnamed) property owner(s) which receive storm water runoff from Browning Drive, from the proposed 42-inch storm drain and an other y • points of concentration have no objections to such discharge onto theirproperty. Also Section 2- g - • 05B, Paragraph 17, of the Amended Subdivision Ordinance requires that calculations be provided to show that connecting offsite drai nageways are capable of handling any increase in runoff due to development, concentration, or diversion for at least a 10- ear storm frequency.y 550 FIRST STATE BANK SLOG. - BEDFORD. TEXAS 76021 - 817/283-6211 - METRO/267-3367 0 Page 2 -- Planning and Zoning Commission -- July 17, 1980 7. The water layout sheet shows only a portion of the total area platted being provided with fire protection coverage. Additional streets or Water line easements will be required for complete coverage. Since a tentative building layout plan has not been provided, we have no way of knowing if the proposed water layout will adequately cover the structures anticipated for the initial phases -of development. We would suggest that a tentative layout of all future streets and/or utility easements be shown on the plat with a water system layout It which provides total area coverage. 8. A portion of the 12-inch water line in Browning Drive is shown as a future 12-inch west of Street "A". The subdivision ordinance requires that all supply and distribution mains be extended to the border of the subdivision as required for future extension, whether or not such extensions are required for service within the subdivision. 9. The sewer layout sheet shows a proposed offsite sewer line to the Fossil Creek Interceptor line. We would request that an alignment plan and profile be provided for our review. Also an easement will be required for the offsite line. 10. Approximately 1650 feet of 12-inch sewer line exists al on.gthe north boundary of this property. If the Developer plans to tie into this line for future service, he should be required to pay his pro rata share of the cost of this line. Should you have any questions concerning the review of this subdivision, please do not hesitate to call. Of ee RICNARD W. Al.BIN, P.E. RWA:bvg cc: Mr. Charles W . Williams, City Manager Mr. Gary Caldwell, Building Official Mr. Allen Bronstad , Director of Utilities 40 . yr ti w - DATE: 9-9-80 _ SUBJECT: PZ 80-21 PZ 0-22, & EZ 80-2.1_ Three zoning__ requests for Brentwood Estates. • DEPARTMENT: Planning and Zoning 4ACKGROUND: This tract of land was pl,atted several years ago as just tract of land with the proposed "new" Shady Grove Road shown to intersect with a road in Hurst directly across Precinct Line Road. This was to coincide with -- the master plan of the city. The zoning was never changed from Agriculture. Mr. Barfield has -submitted Sin 1 e Family, four Commercial tracts nd Qne LQcal- Retail tract. This property is located on both sides of Davis Blvd. iust south f ad Grove Road. The Planninq and Zonin Commission recommendzonincl requests.. _ CITY COU;�CIL ACTION REQUIRED: -Approval or Denial BUDGETED ITEM: YES i3O ACCOUNT NUMBER: • -- ------w.r- - --.... --r...._... .r ..----- - rr... ...----_... -------------... ...---w--... .. -- ww-- CALL TO ORDER .. ROLL CALL CONSIDERATION OF THE MINUTES OF APRIL 24, 1980 CONSIDERATION OF THE MINUTES OF MAY 295 1980 NEW BUSINESS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JUNE 262 1980 The meeting was called to order by the Chairman, Mary Jo Shaunty, at 7:30 P.M. PRESENT: CHAIRMAN Mary Jo Shaunty SECRETARY Warren Eckhardt MEMBERS Marjorie Nash Jack Knowles Carl Greenfield CITY STAFF PRESENT: P & Z CLERK Wanda Calvert Mrs. Nash moved, seconded by Mr. Eckhardt, to approve the minutes as written. Motion carried 4-0 with Mr. Greenfield abstaining since he was not present at this meeting. Mrs. Nash moved, seconded by Mr. Greenfield, to approve the minutes as written. Motion carried 3-0 with Mr. Eckhardt and Mr. Knowles abstaining since they were not present at this meeting. Mrs. Nash stated that due to _ a conf1 i ct of interest since she lives near the property being discussed, she would abstain from all the cases to be heard. PZ 80-21 Request of John W. Barfield to rezone portions APPROVED of Tracts 3A, 3B, 4A, & 5, Brentwood Estates, from its present classification of Agriculture to a proposed classification of 1F-8-1400-one Family Dwellings. This property is located south of Shady Grove Road and bounded on the east by Precinct Line Road with approximately 100 acres to the east of Farm -to -Market Road #1938 (Davis Blvd.) and approximately 25 acres to the.west of Farm -to -Market Road #1938 (Davis Blvd.). PZ 80-22 Request of John W. Barfield to rezone portions APPROVED of Tracts 3A, 3B, 4A, & 4B, Brentwood Estates, from its present classification of Agriculture to a proposed classification of Commercial. �18 • Page 2 P & Z Minutes June 26., 1980 PZ 80-23 APPROVED This property is approximately 16 acres located on the south side of Shady Grove Road at the intersection of Farr. -to - Market Road #1938 (Davis Blvd.). Request of John W. Barfield to rezone portions of Tract 3A, Brentwood Estates, from its present classification of Agriculture to a proposed classification of Local Retail. This property is located on the west side of Precinct Line Road just south of Shady Grove Baptist church. Mr. Doug Long, Consulting Engineer, represented Mr. Barfield in his requests. He presented the Cor.;�i ssi on and the audience with copies of the layout of the property showing where the Single Family, Commercial, and Local Retail would be. Mr. Long said the proposed road was dedicated to the city about 5 years ago to meet the ci ty' s Master Plan. He said this road would coincide with a street in Col l eyvi l l e. Mr. Long stated that the new Shady Grove Road would not go all the way to Precinct Line Rd. as Precinct Line Rd. makes a slight turn. Mr. Long stated that Mr. Barfield owns some land to the north of the intersection of Davis Blvd. and Shady Grove Road. Mr. Long stated that the city has already laid water lines along Shady Grove Road and that the city has a new water tank on Bursey Road and has acquired land to build another tank just to the north of this property in question. He showed, on the crap, where the new tank is located and where the other tank will be built. Mr. Greenfield asked what kind of Local Retail Mr. Barfield plans to have. Mr. Long said that Mr. Barfield has no plans at present for the Local Retail or the Commercial; this is just a Master Plan, but he does plan to develop the single family. He said that if the Local Retail didn't work out, they could get 4 single family lots on it. Mr. Barfield said that the church might want to purchase it later. Page 3 P & Z Minutes June 26, 1980 Mr. Knowles asked Mr. Long to explain about Shady Grove Road -would it be left open when this new street is put in. Mr. Long stated it would, but that this new , street would be a wide collector street. He said that Precinct Line Road turns away from this property, but there is only 30 or 40 feet to Precinct Line Road. Mr. Barfield stated he would not mind putting in the rest of the street to join Precinct Line Road if the R.O.W. was provided, but that he does not own the land that is needed. Mr. Greenfield asked Mr. Barfield which area he would develop first. Mr. Barfield said , i t would be the area nearest to the sewer. Mr. Greenfield asked how far north did the sewer line run. Mr. Long showed the area on the map. Mr. Barfield stated the Director of Utilities, Allen Bronstad, was working to get the sewer up there, and Mr. Barfield said he wasn't sure, but thought that they lacked 2000 or 3000 feet. The Chairman asked if there was anyone who wished to speak on these requests. Coleman Archer, 8157 Precinct Line Road, came forward. He asked if there were any plans for widening Precinct Line Road. Mr. Eckhardt said they were working on it, but he wasn't sure how far the widening would go. Mr. Knowles said he thought it would only go as far as Amundson Road. Billy M. Housewright came forward. He asked what plans there were for widening David Blvd. Mrs. Calvert said that Davis Blvd. is a State Highway and the plans are to widen it to Emerald Hills Way, but hopefully, they will �widen it further out later. t. ' Page 4 P & Z Minutes June 26, 1980 Mr. Housewright said there sure would be a lot of lots in this plan. Mr. Barfield stated he would not develop all this property at once. He said it might take him 8 years to develop it all . Mrs. Ella Allison, 8209 Precinct Line Road, asked if there would be any restrictions put on the Local Retail Zoning. Mrs. Shaunty asked her what she had in mind. Mrs. Allison said such things as burglar alarr� systems or liquor. Mrs. Calvert explained that an establishment to sell alcoholic beverages for on -premise consumption or off'premise consumption could not be that close to a church, but even if they could, they would have to cone before the Planning and Zoning Commission and the City Council for a Specific Use zoning. Mrs. Calvert said that as far as the burglar alarm, the city does not require a business to have one. Mrs. Allison said she didn't want then to have one -the business directly across the street has one and it runs all night long. Mr. Eckhardt asked if there was something wrong with it or what. Mrs. Allison said there was. Mr. Eckhardt asked Mrs. Allison if she had called the business or the City of Coll eyvi l l e about i t . . Mrs. Allison said she had, but had not been able to get anyone to do anything about it. Mr. Eckhardt said he would see if he could get something done about it. Mr. Archer asked about the size of the water and sewer lines. He said they have poor water pressure now and no serer. Page 5 P & Z Minutes June 26, 1980 I(* Mr. Barfield said there would be a 15" sewer line and a 16" water .1 i ne. He stated this was the reason he hadn't developed this property before now -no water and sewer. Mr. Long showed Mr. Archer where he thinks the sewer would come from. Mr. Knowles asked if the water line would come down Davis Blvd. and across to this area. Mr. Long stated there would be no problem with the water. He said with the TRA water and two storage tanks. Jed Bell, 8169 Precinct Line Road, said they have a little problem of property. He told Mr. Barfield that the surveyors came down his fence line, but that his fence sets 4 feet inside his property line. Mr. Bell also said he wanted to know what North Richland Hills had ever done for them. He said they have no fire plugs, no water, and no police protection. s Mr. Barfield said that with this added development, there would be water, sewer, fire plugs, and police protection Johnny Hurst, Richland Hills' Riding Club, stated they were very much in favor of the development. Mrs. Calvert stated that Rev. Kerry Niles, Pastor of Shady Grove Baptist church, called her and said they all he and his members were worried about was if a liquor store or some- thing of that nature would be put near the church. She said she explained to him that a place selling alcholic beverages could not be within 300 feet of a church and also they would have to have a Specific Use zoning. The Chairman asked if there was anyone else who wished to speak. There being no one, * the Chairman closed the. Public Hearing. Page 6 P & Z- Minutes June 26, 1980 Ei OLD BUSINESS ADJOURNMENT Mrs. Shaunty asked Mr. Barfield what the minimum square footage of the houses would be. Mr. Barfield said he usually builds 1500 and 1600 sq. ft. houses, but none smaller than 1400 sq. ft. Mr. Eckhardt moved, seconded by fir. Knowles, to approve PZ 80-21 as requested. Motion carried 4-0 with Mrs. Nash abstaining, Mr. Knowles roved, seconded by Mr. Eckhardt, to approve PZ 80-22 as requested. Motion carried 4-0 with Mrs. Nash abstaining. Mr. Greenfield moved, seconded by Pair. Knowles, to approve PZ 80-23 as requested. Motion carried 4-0 with Mrs. Nash abstaining. None. Mrs. Archer asked if she could ask another question. She asked if fireworks were going 9 9 to be allowed next to them this year. She said they always have them on the property behind 9-acres country club which is called "No Man' s Land". Mrs. Archer said it was so easy to have grass fires. Mrs. archer said she has been told that this property is owned by Charlie "Davidson, but no city will claim it. She said every year they have this problem. Mr. Eckhardt asked if she had called the city about this, Mrs. Archer said she had and was told that a permit had been issued, but they could not tell who it was issued to. Mr. Eckhardt suggested that since this property is not in any city, it would fall under the county' s jurisdiction, and she should call Lynn Gregory, County Commissioner. The meeting adjourned at 8:15 P.M CHAIRMAN PLANNING AND ZONING COMMISSION "-ff"WAN" II%J%a i 1-"1111111u r1k11U LVillil .i LV1111'11JJ1MY �J 0 KNOWLTON- ENGLISH-FLOWERS, INC. . y 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 I F- 8-1400 We have received the subject zoning case for our review and find that we could adequately locate this property on the zoning reap should it be passed by both the Planning & Zoning Commission and the City Council, 9 Is -a --- - 1� RICHARD W. ALBIN, P.E. RWA/l jc cc: Mr. Charles W. Wi l 1 i ams , City Manager Mr. Gary Caldwell , Building Official Mr. Allen Bronstad , Director of Utilities Is k w. 550 FIRST STATE BANK BLDG. BEDFORD, TEXAS 76021 - 817/283-6211 • METRO/267-3367 • KNOWLTON- 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 80-222 AG TO C0KVIE RC I AL 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 Is be passed by both the Planning & Zoning Commission and the City Council. ICHARD W. ALBIN, P.E. RWA/ l j c cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell, Building official Mr. Allen Brons tad , Director of Utilities lie 550 FIRST STATE SANK SLOG. - BEDFORD. TEXAS 76021 - 817/283-6211 - METRO/267-3367 i ( � KNOWLTON. ENGLISH-FLOWERS, INC. • I CONSULTING ENGINEERS /Fort Worth -Dallas C� June 17 1980 t 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 80-23 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, s RICHARD W. ALBIN, P.E. RWA/ l j c cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell, Building Official Mr. Allen Brons tad , Director of Utilities 550 FIRST STATE BANK SLOG. - BEDFORD, TEXAS 76021 - 817/283-6211 - METRO/267-3367 Ll ORDINANCE NO. AN RDINANCE REZONING PROPERTY. IN ACCORDANCE WITH ARTICLE XXIX CHANGES AND AMEN ENTS$. SECTION 1 OF ORDINANCE #1790 ZONING ORDINANCE OF THE .CITY OF NORTH RICHLAND HILLS-r TEXAS, . ... PASSED* APPROVED; AND ADOPTED: 8Y THE PLANNING AND ZONING. C"ISSI'ON AND THE CITY COUNCIL OF -THE CITY OF NORTH. RICHLAND HILLS, NOVEMBER 130 1957 , AS AMENDED* JANUARY . 27 , 1975, - AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING. RECO*ENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: - tea fob1 n d scr'it d prQP �t steal RESOLVED that on Case Not PZ - . .. .... of l o , g . escr .... r.o �toed from* Ar r' -1 1F-8-1400 1.. (Tract 4) . ALL that certain tract or parcel of land being part -of Tracts 3 and 59 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 Southeast corner of said Tract 3, said point tieing 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 best, 16.80 feet to a point on Farm -to -Market Road #1938 (Davi s Bl vd. } ; THENCE North 30 degrees 37 minutes East, 1209.04 feet with said right of way line to a point; THENCE South 59 degrees 23 minutes East, 500.0.feet to a point; THENCE North 30 degrees 37 minutes East, 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 blest, 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; i , Page 2 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 an4 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 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 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 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 Southeast corner of said Tract 4-A, said point being in the Westerly right of way line of Farm -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 beginning 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; THENCE South 86 degrees 46 minutes 30 seconds East, 115.0 feet to a point; I* I .* Page 3 • THENCE South 59 degrees 23 minutes East, 120.0 feet to a point in said Farm -to -Market Road #1938 right, of way line; THENCE South 30 degrees 37 minutes blest, 575.0 feet to the place of. begi n ning and containing 25.795 acres.of land. s J This property is located south of Shady Grove Road and bounded on the east by Precinct Line Road wi approximate y acres to the east o art, -to - Market Road #1938 (Davis -Blvd.)' and approximately 25 acres to the west of Farm* to -Market Road #1938 Davis Blvd.) . i BY THE PLANNING AND. ZONING COMMISSION THIS 26th DAY OF v9 ,00W• CHAIRMN PLANNING AND ZONING MMISSION SECRETARY--PLANN N D ZONING- I � DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ IS HEREBY REZONED ,MW T�H I S DA MAYOR DICK FARAM CITY OF NORTH RICHLAND- 'HILLS ATTEST: y UTY SECRETARY JEANETTE M ORE . CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS i 0 SEE ITEM NO. 7 - SUMMARY INFORMATION I. to 10 I ORDINANCE NO. AH ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE XXIX CHANGES AND AMENDMENTSI. SECTION ]. OF ORDINMCE #1799 ZONING ORDINANCE . OF THE .CITY- OP NORTH - RICHLAND HILLS-,. TEXAS, ... -PASSED, .APPROVED; AND ADOPTED - BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OP THE CITY. OF NORTH-RICHLAND HILLS, NOVEMBER 13, 19679 AS AMENDED ' JANUARY 27 , 1975 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING. RECOMMENDATION IS SUB14ITTED TO THE. CITY COUNCIL- OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING C"ISSIONO. RESOLVED that on Case No,. PZ 80-22 the follMng described- property shall rezoned from. q A ri cul tune . .... .. .... . , ....... - .to Commercial (Tract 2 ) . ALL that certain tract or parcel of 1 and bei ng part -of.. Tract 3-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 Northwest corner of said Tract 3-A, said point being in the Easterly right of way line of Farm -to -Market Road #1938; THENCE North 89 degrees 40 minutes East, 400.0 feet to a point; THENCE South 31 degrees 33 minutes 29 seconds West,. 380.0 feet to a point;. THENCE South 139.11 feet to a point on a Northwesterly curve whose center poi n t bears North 14 degrees 49 minutes 45 seconds East, 690.66 feet; THENCE Northwesterly with said curve through a central angle of 15 degrees 47 minutes 15 seconds an arc length of 190.31 feet to a point for end of. curve; THENCE North 59 degrees 23. minutes West, 219.74 feet to a point Jn said Farm - to -Market Road #1938 ri gft of way line;. THENCE North 30 degrees 37 minutes East, 320.0 feet to the place of begi nni ng and containing 3.385 acres of.land. (Tract 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 further descri bed 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 Farm -to -Market Road #1938 (Davis Blvd.) f ' 4 d Page 2 40 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; TNFNCE 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 mi nutes West, 500.0 feet to a poi nt i n sai d Farm -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 Farm -to -Market. #1938 (Davis Blvd.) ; THENCE South 30 degrees 37 minutes West, 575.97 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 point 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 40 Westerly right of way line of Farm -to -Market Road #1938 (Davis Blvd.) ; I's r-1 Page 3 THENCE South 30 degrees 37 minutes West 249.73 feet' with said right of way line to a point; THENCE North 59 degrees 23 minutes West 233.70 feet to, the beginning ng of a curve to -the left having a radius of 1144.82 feet; THENCE. Northwesterly with said curve an arc ten � gth of 234.80 feet to a .point; THENCE South 89 degrees 46 minutes East. 541.19 feet - ee to the place of begs nni ng and contai* n�ng J.Z52 _acres of land.Tits troerY isapprox�atia V 16_?cre..s_located on -the south side o- f- - Shad Farm- _r, y Grove Road at the intersection''ofto �'aric�et Road #1938 (Davis.Blvd.) . . BY THE PLANNING AND. ZONING COMMISSION THIS 26th DAY OF JUNE -o"" CHAIRMAN PLANNING AHD ZONING C SSION . SEC RY PLANNING-D ZON-r-NG-COMMISSION BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO., PZ IS HEREBY REZONED THIS DAY OF ATTEST: . MAYOR DICK FARAM CITY OF NORTH RICHLAND-HILLS' Y ' CITY SECRETARY JEANETTE M OR CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS L 0 SEE ITEM NO. 7 - SUMMARY INFORMATION [ 0 0 ORD I NAHC E - NO . AN ORDINANCE REZONING PROPERTY. IN ACCORDANCE WITH -ARTICLE XXIX CHANGES AND AMEN ENTS * . SECTION 1 OF ORDINANCE #1799 ZONING ORDINANCE OF THE -CITY- OF NORTH - RICHLAND HILLS-r TEXAS, .. PASSED, APPROVED; AND ADOPTED. -BY THE ' PLANNING ,. AND ZON THG . COMMISS ION AND THE CITY COUNCIL OF - THE CITY OF NORTH. RICHLAND HILLS, NOVEMBER 139 19671, AS AMENDED JANUARY 27 , 1975 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING T*HE FOLLOWING NG. RECOM14ENDATION IS SUB14ITTED TO THE. CITY COUNCIL OF THE CITY` OF NORTR RICHLAHD HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case Ho,,- PT - thefoln �s0 23 � � � � desc�� �ad - p�Pe� shal�rezoned from A r' ........ .... .r. .,. ....:.. t i cul tune o Localo e FIT :... ., : ... ... .. . (Tract 1) ALL that certain tract or, parcel of land being r - Es .. 9 part of Tract 3 A, Brentwood Estates, North Richland anal Hill s , Tarrant County, Texas as recorded in Volume 388-97, Page 31, Deed Records, Tarrant County, Texas an' bein further ' . b metes and 9 described y bounds as follows: 8E ' iV�iTNG at the mos ` �astprl � R�ortheast ccr '' � ���r - 1 �� , � , S ner o�- sa id T rat 3 s� o PC �r �: being in -the Westerly right. of way 1 i ne of Precinct Line Road • THENCE South 2'degrees 43 minutes West, 184.93 feet with said Precinct Line Road right of way line to a point; THENCE West 26.80 feet to the beginningof a curve to the ' of 1056.22 feet; right having a radius THENCE Northwesterly with said curve an arc length th of 2 ' . g 84.76 feet to a point; THENCE North 0 degrees 14 minutes East, 144.73 feet to a point; THENCE North '89 degrees 40 minutes East, 316.30 feet to the 1 ace of beginning and containing 1.236 acres of land. P i • .gage 2 I'* r• Thi' property i s located. on the west side of Precinct Line Road jU5t Of Shady Grove Baptist Church. BY THE PLANNING AND ZONING COMMISSION THIS 26th DAY OF DUNE, 1980._ CHAIRMAN PLANNING lit 4 ZONING ION SECRETARY PLA NN I D ZON I NG Off! S 1 . RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO., PZ IS HEREBY REZONED . THIS DAYlOF ATTEST. YQR DICK FARAM . CITY OF FORTH RI CHLAND ' H I LLS , . CITY SECRETARY JEANETTE 1,100RE CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS I I DATE. 9-9-80 SUBJECT: PZ 80-25 & PZ 80-26 - Two zoning requests. DEPARTMENT: Planning and Zonin *,BACKGROUND: This ro ert a tri an ul ar tract 1 o d we ' ne Road and north of Amundson Drive at the St. Louis & Southwestern Rail rQad. Si nce -tbe ci t-y- -usual I y 1 i kps to kpeD ornDer-ty • Clo 1 road for Industrial _purposes, the Planning and Zoning Commission turned down b-oth requests, ; Mr. Barfield reguests that the zonin be lF-8-1400- One Family Dwellings with the corner lots being Local Retail. f' CITY COUINICIL ACTION REQUIRED: A roval or -Denial BUDGETED ITEM: YES NO ACCOUNT NUMIBER: Pa8 Re ' P Z Minutes ` July '24, 1980 Mr. Long said that on #6-i f they go with the earthen ditch, they might want to go with perpetual care with Fol som Investment. H said this would free the city of any responsi bi 1 i ty. ` Mr. Long stated #7 & #8 would b ec Wed when they make their decision whet :' to go concrete or earthen ditch they a would 'tat keep in mind the envi ron aspect. J Mr. Long said that o = #10-they have the fire plugs on 300 feet ut they are 1 abel ed 500 feet which is wZn . 9 Mr. Long sdl that on #11 & #12-they were in agreemen ;'with the school when it was built, they pa-rd their pro rats. - T ..e Chairman called for anyone wishing to ,peak in favor of or in opposition to these requests. Mrs. Calvert stated she had received a ' letter from Mike Sandl i n with Sandl i n Homes stating they were opposed to the Muti le pp p Family zoning. f, There being no one to, speak re and i na these P 9 requests, the Chairman closed the Pub.,lic -� Hearing. Mr. Greenfield moved, seconded by Mrs. Nash-, . to approve PZ 80-24 as requested. Motion carried 3-0. Mrs. Nash roved, seconded by Mr. Greenfield, to approve PS 80-25 subject to the Engineer's comments. Motion carried 3-0. pZ 80-25 Request of John W. Barfield to rezone a DENIED portion of Tract 2, Abstract 1150 from its present cl ass i f i cati on of Agriculture to a proposed classification of 1F-8-1400 . This property i s located south of the St. Louis & Southwestern Railroad and bounded on the east by Precinct Line Road and on the south by Amundson Drive. PX 80-26 Request of John Irk... Barfield to rezone a DENIED portion of Tract 2, Abstract 1150, from its Page 9 P & Z Minutes ; July 24, 1980 .r present classification of agriculture to a proposed classification of Local Retail This is 3 parcels of land, one at the corner of Amundson and the St. Louis & Southwestern Railroad, one at the southwest corner of Precinct Line Road and the St. Louis & Southwestern Railroad, and one at the southwest corner of Precinct Line e Road _ and Amundson Drive. John Barfield, 416 Willow Dr., Hurst, came forward. He stated this property lies west of Precinct Line Road. He said he has owned � it for several years and feels it is now time to develop., Mr. Barfield said it is adjacent to- the County Barn and the Railroad. He said he wished to build single family residences and restrict the minimum to 1400 sq. ft. floor space. Mr. Barfield said he usually builds 1500 to 1600 sq. ft. homes, but none any smaller than 1400 sq. ft. Mr. Barfield said he felt this would be good for the city and hire, too. He said there are four of the property owners here and they are all in agreement regarding the proposed zoning. Mr. Barfield said he had considered coming in for Industrial zoning, but felt the adjoining prpperty owners would rather have single family. He said he owns 20 acres to the north of the railroad also and he might cone in later for Industrial zoning on it. Mr. Greenfield asked where the 20 acres were. Mr. Barfield showed the Commission where the 20 acres were located on the plat. Mr. Barfield said the single family -hones would be priced from $63,000 to 173,00awith 1400 to 1500 sq. ft. floor space. Mr. Barfield stated he had three portions listed for Local Retail. He said one on Amundson Drive has a life estate and he has no idea when he would be able to. develop it, Page 10 P&ZMinutes July 24, 1980 ADJOURNMENT i The Chairman asked for anyone wishing to speak in favor of or in opposition to these requests. - - There being no one to speak regarding these requests, the Chairman closed the Public Hearing. Mr. Greenfield moved, seconded by Mrs. Nash, to deny PZ 80-25 as there is a more appropriate zoning for the -land close to the railroad. Motion : cars ed 3-0. Mr. Greenfield moved, seconded by Mrs. Nash to deny PZ 80-26. Motion carried 3-0. Mr. Barfield asked what zoning would be more appropriate. Mrs. Shaunty said the city would rather have the land bordering the railroad for Industrial zoning. She said he could use the rest for some other zoning. Mrs. Shaunty told Mr. Barfield that he could request an appeal hearing of the City Council. The meeting adjourned at 9':.00 P . M. CHAIRMAN PLANNING AND ZONING COMh1ISSI0N SECRETARY PLANNING AND ZONING COMA"-1ISSION l� • s r i August 18, 1980 City of North Richland Hills P.o, Box 18609 North Richland Hills, TX 76118 Attention: Mrs. Wanda Calvert Mr. Mayor and Council Members: I am Joe Gray and I reside at 9216 Amundson Drive in North Richland Hills, and I am writing this as a means of conveying my thoughts, as I will be out of the State on 8 September. I wish to speak in opposition to Mr. John Barfield's request to rezone Tract 21 Abstract 1150, David Moses Survey, from agriculture to single family dwellings. I purchased and live on property across Amundson Drive from the portion in question. I purchased my property p P y because the surrounding area was zoned agriculturial and that was the atmosphere in which I wished to reside, The neighbors in each direction also were required to and do have the minimum acreage per the zoning regulations, Since the parcel in question is presently zoned a ricult.urial g , I assume it was zoned that way when Mr. Barfield acquired it. Nothing has occurred to warrant a change to single family dwelling. g I submit that Mr. Barfield could make a sizable profit b developing ro x g theproperty ,P p y in two acre plots as required by the present regulation. I therefore request that Mr. Barf ield's request be denied and the property remain zoned agriculture. oe/ E. G i s KNOWLTON- ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS /For[ Worth -Dallas July 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 80-25 AGRICULTURE 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 zon'i ng map should i't be passed by both the Planning & Zoning Commission and the City Council, 0e. RICHARD W. ALBIN, P.E. RWA/ 1 j c cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell, Building official Mr. Allen Bronstad, Director of Utilities 550 FIRST STATE BANK SLOG. - BEDFORD, TEXAS 76021 - 817/283-6211 - METRO/267-3367 L__� I� I KNOWLTON- ENGLISH- FLOWERS, INC. CONSULTING ENGINEERS /Fort Worth -Dallas July 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 80-26 AGRICULTURE TO LOCAL RETAIL We have received the subject zoning case for our review and find that we could adequately locate this property on the zoning ma should i t be passed b both the 0 p - p y 4 Planning & Zoning Commission on and the City Counci l . 4 14 0 (, RICHARD We ALBIN, P.E. RWA/ 1 j c cc: Mr. Charles W. Williams, City Manager Mr. Gary Caldwell, Building Official Mr. Allen Bronstad, Director of Utilities 550 FIRST STATE BANK SLOG. - BEDFORD, TEXAS 76021 - 817/283-6211 - METRO/267_3367 ORDINANCE NO. AN ORDINANCE REZONING PROPERTY I N .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 ZON I'NG COMMISS ION' AND THE CITY COUNCIL OF THE CITY OF NORTH RI CHLAND HILLS, NOVEMBER 13 , �'. 1967s AS AMENDED JANUARY 27 1975 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND KILLS BY THE PLANNING AND ZONING COMMISSION: - RESOLVED that on Case No. PZ 80-25 th'e followi.ng described property shale not� _.e.._.., rezoned from A ri cu 1 to re _ to -8-1400-One FamilX Dwel l i n's ALL that certain tract or parcel of land out of the David Moses Survey, Abstract 1150, Tarrant County, Texas, and being further described by metes and bounds as follows: BEGINNING 600.04 feet North 0 degrees 14 minutes 19 seconds East and 25.0 feet West of the Southeast corner of said Moses Survey; said Southeast - corner also being the Southeast corner of 2nd tract conveyed to Archie N . Gee, et ux, Minnie Lee Gee, as recorded in Volume 1120, Page 273, Deed Records, Tarrant County, Texas; said point being in the West R.O.W. line of Precinct Line Road; THENCE South 89 degrees 59 minutes 45 seconds West, 495.0 feet; THENCE South 0 degrees 14 minutes 19 seconds West, 575.0 feet to a point in the North R.O.W. line of Amundson Road; THENCE South 89 degrees 59 minutes 45 seconds West, 1404.48 feet with said North R.O.W. line; THENCE North 0 degrees 00 minutes 15 seconds West, 194.75 feet; THENCE North 34 degrees 32 minutes 00 seconds West 163.67 feet to a point in the Southeasterly R.O.W. line of the St. Louis and Southwestern Railroad; THENCE North 55 degrees 28 minutes 00 seconds East, 2140.98 feet with said Southeasterly Railroad R.O.W. line to a point in the Southwesterly line of a 100 foot easement to Texas Power and Light, recorded in Volume 2871,.Page 15, Deed Records, Tarrant County, Texas; THENCE South 30 degrees 42 minutes 03 seconds East, 457.12 feet to a point in the West R.O.W. line of Precinct Line Road; • Page 2 THENCE South 0 degrees 14 minutes*19 seconds West 575.03 feet ' . ` � with said West R.O. �J. line to the place of beginning a.nd containing 37.972 acres of land. This pro erty is locate -soutLsf t &SouthBailmad west r and bounded on the ' East by Precinct Line Road, and on the South by Amundson *Dr. DENIED BY THE PLAN14ING AND.ZONING COMMISSION THIS 24th- DAY OF JULY; 1980 CHAIRMAN PLANNING AND ZONING COMWSSION SECRETARY LANN I D ZONING tMM SS ION t BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO.. PZ 80--25 IS HEREBY REZONED, DAY O MAYOR DICK FARAD! CITY OF NORTH R I CHLAND- ' H I LL4 , ATTEST: CITY SECRETARY JEANETTE MOORE . CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS / C l� 0 =- SEE ITEM NO. 13 - SUMMARY INFORMATION i� ORDINANCE NO. AN ORDINANCE REZONING PROPERTY I N . ACCORDANCE WITH ARTICLE XXIX CHANGES AND AMENDMENTS,. SECTION I 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, NOVEMBER 139 �►. 1967 AS AMENDED JANUARY 27, 1975 AFTER APPROPRIATE 'NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND MILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that do Case No. PZ 80-26 the followl.nD described property shale NOT BE rezoned from A riculture to Local Retail. Tract 1 ALL that certain tract or parcel of land out of the David Moses Survey, Abstract 1150, Tarrant County, Texas, and being- further described by metes and bounds as follows: BEGINNING 600.04 feet North 0 degrees 14 minutes 19 seconds East and 25.0 feet West of the Southeast corner of said Moses Survey; said Southeast corner also being the Southeast corner of 2nd tract conveyed to Archie N. Gee, et ux, Minnie Lee Gee, as recorded in Volume 1120, Page 273, Deed Records, Tarrant County, Texas; said point being in the West R.O.W. line of Precinct Line Road; THENCE South 0 degrees 14 minutes 19 seconds West, 433.77 feet to the beginning of a curve to the right with a radius of ' 141. 83 feet-, THENCE South and West with said curve through a central angle of 89 degrees 45 minutes 26 seconds an arc distance of 222.23 feet to the end of said curve; THENCE South 89 degrees 59 minutes 45 seconds West, 353.77 feet, with the North-R.O.W. line of Amundson Road; THENCE North 0 degrees 14 minutes 19 seconds east, 575.0 feet; THENCE North 89 degrees 59 minutes 45 seconds East, 495.0 feet to the place of beginning and containing 6.436 acres of land. Tract 2 ALL that certain tract or parcel of land out of the David Moses Survey, Abstract 1150, Tarrant County, Texas, and being further described by metes and bounds as follows: BEGINNING 1175.07 feet North 0 degrees 14 minutes 19 seconds East and 25.0 feet West- of the Southeast corner of said Moses Survey; said Southeast corner also being the Southeast corner of 2nd tract conveyed to Archie N. Gee, et ux, Minnie Lee Gee, as recorded in Volume 1120, Page 273, Deed Records, Tarrant Page 2 County, Texas; said point being in the West R.O.W. line of Precinct Line Road; said point also being in the Southwesterly line of a 100 foot easement to Texas Power and Light recorded in Volume 2871, Page 15, Deed Records, Tarrant County, Texas; THENCE North 30 degrees 42 minutes 03 seconds West, 457,12 feet with said Southwesterly easement line to a point in the Southeasterly R.O.W. line of the St. Louis and Southwestern Railroad; THENCE North 55 degrees 28 minutes 00 seconds East, 286.11 feet with said Southeasterly Railroad R.O.W. line to a point in the West R.O.W. line of Precinct Line Road; THENCE South 0 degrees 14 minutes 19 seconds West, 555.25 feet with the West R.O.W. line of Precinct Line Road to the place of beginning and containing 1.498 acres of land. Tract 3 ALL that certain tract or parcel of land out of the David doses Survey, Abstract 1150, Tarrant County, Texas, and being further described by metes and bounds as follows: BEGINNING 25.0 feet North and 1924.48 feet South 89 degrees 59 minutes 45 seconds West of the Southeast corner of said Moses Survey; said Southeast corner also being the Southeast corner of 2nd tract conveyed to Archie N . Gee, et ux, Minnie Lee Gee, as recorded in Volume 1120, Page 273, Deed Records, Tarrant County, Texas; said point also being in the North R.O.W. line of Amundson Road; THENCE South 89 degrees 59 minutes 45 seconds 'lest, 571.80 feet with the North R.O.W. line of Amundson Road to a point in the Southeasterly R.O.W. line of the St. Louis and Southwestern Railroad; THENCE North 55 degrees 28 minutes 00 seconds East, 581.46 feet with said Southeasterly Railroad R.O.W. line; THENCE South 34 degrees 32 minutes 00 seconds East, 163.67 feet; THENCE South 0 degrees 00 minutes 15 seconds East, 194.75 feet to the place of beginning and containing 2.371 acres of . l and . 0 This property is three parcgls of land one at the corner of d e St. Louis & Southwestern Railroad, one at the . southwest corner of Precinct Line Rd. and the St. Louis & Southwestern Rail road, an*d one at the southwest corner of Precinct Line Road and Amundson Drive. - . DENIED BY THE PLANNING AND ZONING COMMISSION THIS , 2.4.th .�. DAY OF JULY 3�.0......... . ,tea CHAIRMAN PLANNING AND ZONING COMWSSION SECRETARY PLANNING— ID NIN C S ION . BE IT.ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLANG HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE We pZ_ - 6 IS HERESY REZONED THIS D O MAYOR DICK FARAM CITY OF NORTH RICHLANa .HILLS ATTEST: - - G -SECRETARY JEANETTE MOORE CITY OF NORTH RI CHLAND HILLS APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY CITY OF NORTH RICHLAND HILLS 1s DATE: 9/10/80 SUBJECT: Abandoning Sewer Line & Easement. DEPARTMENT: utility BACKGROUND: This is to abandon an old easement on sewer line that � ' s no . longer usable because the lift station was abandoned and sewer line was directed to Fossil Creek sewer line. The old abandoned sewer line is not in the easement, it is some 20 feet north of the recorded easement. Is • CITY COUNCIL ACTION REQUIRED: _Approved Ordinance to abandon old sewer line and easement. BUDGETED ITEM: YES Np N/A ACCOUNT NUMBER: iF ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE'ABANDONMENT OF THE SANITARY SEWER EASEMENT LOCATED SOME DISTANCE NORTH OF THE SOUTH BOUNDARY OF LOTS 35 TO 65 IN BLOCK 24, SUNNYBROOK IV.AS SHOWN ON THE ATTACHED EXHIBIT AND MADE A PART HEREOF: PROVIDING FOR THE REVERSION OF INTEREST OF THE CITY OF NORTH RICHLAND HILLS IN SAID LAND: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING AN EFFECTIVE DATE. SECTION 1 The sanitary sewer easement described in the aforementioned description and exhibit be and the same is hereby abandoned and the dedication of same is permanently vacated. SECTION 2 That the interest of the City of North Richland Hills in the fee to the land in said sanitary sewer easement is' hereby released and shall revert to the adjacent owners of the fee as provided by law. I SECTION 3 That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4 That this ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS DAY OF Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - City Attorney •:1 TI - • �, ►. t fit C0­ civil ern urbanp�ann�n and September 9, 1980 t 3 41r. Allen Bronstad - Director of utilities City of North Richland Hills P., O. Box 18609 North Richland Hills, Texas 76118 , RE: Sunnybrook Addition Phase IV P do A Project No, 190160 Dear Mr. Bronstad: In accordance with our telephone conversation this morning,it that there is no further is our understanding action required by the City of North Richland Hills with regard to filing the plat on the subject addition and proceeding with ' required water, and sanitary facilities. g construction of nary sewer facilities. It is our further. understandingthat your city attorney has advised that the ' ' upon a filing of the new plat for Sunnybrook Phase IV, this will automatically take care of abandoningthe old sanitary anitary sewer easement which was located some distance north of the south boundaryof this addition through lots 35 to 65 in Block 24. As discussed and as reflected on the Plans, provisions have been made for the construction of a section o ' f sanitary sewer in the southeast corner of this addition to provide for connection of the property located immediately to the south. In order that we have a matter of record of these understandings, our acknowledgement �' we would appreciate _ Y g nt in the space provided below. Bids are due to be received for the water and sewer work this week and we presently moving uiek]. into construction,, P y contemplate 4 Y uction,, It is therefore important that we have a mutually clear understanding in order that no unanticipated delays will occur, P ys Thank you very much for your courtesyand assistant - a with regard to this project. Yours very truly, • FARR.INGTON AND ASSOCIATES INC. ack . M. Graham, P.E. ' Executive Vice President JMG/dn Accepted September 9, 1980, b Allen Bronstad, • • North Y stad, Director of Utilities, City of t Richland Hills, 0- W. Vicke rY-Blvd .. _rr worth t' DATE: 9/10180 SUBJECT: Ordinance regulating rates and charges of the Lone Star Gas Co. DEPARTMENT: Public Works BACKGROUND: In April, 1980 Lone Star Gas filed requests in each of the a 17 cities in its Forth Worth Distribution System seeking approval to increase its residential and commercial rates. We elected to suspend the request in order to coordinate efforts with the other 16 cities in evaluating this rate filing. On August 26, 1980, the City of Fort Worth approved a new rate • based on the analysis and recommendation of its consults Touche-Ross and --- Company. This new rate, along with recommended increases in miscellaneous service charges, is designed to provide about 55% of the revenue requested by Lone Star Gas. 61 b NOTE: Company requested $4.946 million Consultant recommended $2.742 mill io •S e 6 Li A schedule of detailed charges is included in Attachment A. CITY COUNCIL ACTION REQUIRED: Approval of Ordinance BUDGETED ITEM: YES NO N/A ACCOUNT NUMBER: IN ►. REQUEST FOR CITY COUNCIL APPROVAL OF RATE ORDINANCE I. In April, 1980 Lone Star Gas Company filed requests in each of the 17 cities in its Fort Worth Distribution System seeking approval to increase its residential and cormercial rates* II. Your city elected to suspend our request in order to coordinate efforts with the other 16 cities in evaluating this rate filing. III. On August 26, 1980, the City of Fort Worth approved a new rate based on' - the analysis and recommendation of its consultant , Touche--Ross and Company. This new rate, along with recommended increases in miscellaneous service charges, is designed to provide about 55% of the revenue requested by Lone Star Gas. NOTE: Company requested $4.946 million Consultant recommended $2.742 million IV. So that uniform rates will remain in effect throughout the Fort Worth Distribution System, we requested that you adopt the same rate as approved by the City of Fort Worth. A copy of a revised rate ordinance which accomplishes this has been furnished to your City staff for review. V. Since it is important that billing under a new rate be uniform throughout the 17 town system, a slight modification to clarify the wording of the rate ordinance which was approved by the City of Fort North has been made. This modification states that the new rates would go into effect with "bills rendered after October 12 198011, _ VI. Copies of a bill comparison based on the rate recently approved by Fort Worth are available for your review. - VII. Questions or Concerns by the City Council, J FORT WORTH DISTRIBUTION SYSTEM CITY OF BENBROOK RESIDENTIAL BILL COMPARISON +,14cf Consultant Monthly Current Recommended $ Consumption Rate 1/ Rate 2/ Increase 0 $ 4.00 $ 3,75 $ (.25) 1 4.29 6.40 2.11 2 7.02 9.04 2.02 3 9.75 11.69 1.94 • 4 12.47 14.34 1.87 5 15.20 16.98 1.78 6 17.92 19.63 1.71 --- _ --- ---- - 7 20. 65 22.27 1.62 C��� 1, 3C 8 23.38 24.92 1.54 9 26.10 27.57 1.47 y 30.21 1.38 ALL// 10 28.83 15 42.46 43.45 .99 20 56.09 56.68 .59 25 69.72 69.91 .19 50 137.88 136.07 (1.88) 75 206.03 202.23 (3.80) • 100 274.19 268.39 (5.80) l/ Includes $.2928 Gas Cost Adjustment Per Mcf 2/ Customer Charge: Residential $3.75 Commercial $7.00 V � ORDINANCE_ • AN ORDINANCE REGULATING THE RATES AND CHA2GLS OF ALL PERSONS, FIRMS, CORPORATIONS OR ASSOCIATIONS OF PERSONS ENGAGED IN THE BUSINESS OF FURNISHING, DISTRIBUTING, OR DELIVERING NATURAL GAS TO RESIDENTIAL AND CO:EIERCIAL CUSTOMERS IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; REPEALING ORDINANCE NO. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 24, 1980 , Lone Star Gas Company made application for a rate increase in gross annual Residential and Commercial gas sales revenues of $4,945,934 from its Fort Worth Distribution System consumers; and, WHEREAS, the City Council has duly considered all matters presented • to it; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City Council of the City of North Richland Hills, Texas, in the exercise of its sound legislative discretion finds the following facts to be established: a. That Lone Star Gas Company's distribution properties used and useful in serving the consumers in the Fort Worth Distribution System comprise an Invested Capital Rate Base of $30,354,765 and an Adjusted Value Rate of $41,111,424. • b. That Lone Star Gas Company is entitled to an 11.78% rate of return on its Invested Capital Rate Base and an 8.69% rate of return on its Adjusted Value Rate Base; and that said rates of return are fair, reasonable and just under the facts and circumstances presented; c . That Lone Star Gas Company requires a net operating income of $3, 575, 791 on revenues from Residential and Cominerc�al gas sales Of 4 9910, 463 to nk--hic've t1--'e for 1t��, ��ir T��::if.�S d , That the rates hereinafter fixed are determined to be fair , just and reasonable; and that all previously adopted rates and charges for gas service to residential and commercial customers in the City of North Richland Hills should be and are hereby repealed effective Sept, �1 19800 That for all gas bills rendered on and after October 1, 1980, all persons, firms, corporations or associations of persons engaged in the business of furnishing, distributing or delivering natural gas to residential and cor.-mmerc ial consu�mne rs in the City of No. Richland Hills are hereby authorized to charge for their product and service in accordance with the following schedules: A. Residential and Commercial All Consumption @ $2,64636 per Mcf Customer Charge Residential $3.75 Comdqiercial $7 , 00 B. Special Provisions and Adjustments 1. The above rates are applicable to each residential and co=ercial consumer per meter per month or for any part of a month for which gas is used at the sw-ne location. 2. Bills are due and payable when rendered and if not paid within 15 days of the date shown on the bill as the "present meter reading" date or the "for service through" date, subjects the customer to ii-Linedi ate ten-ii3_nati.on of gas service unless they have made other payment arrange- rents with the Company. Restoration of service is subject to the Company's reasonable regulations and charges as authorized in paragraph £ (5) below to include a $20.00 Reconnect Charge. -2- 10 r] 3. The amount of each monthly bill computed at' the above rates shall be subject to the following adjustments: , Gas C 0 S t- 1.J tent Each monthly bill at the above rate shall be adjusted for gas cost as follows: (i) The city gate rate increase or decrease applicable to current billing month residential and connercial sales shall be es- timated to the nearest $0.0001 per �ic_f based Upon: a. A volume factor of 1.0442 determined for the distri- bution system as the ratio of Mcf purchased divided by the Mcf sold f or the 12 month period ended June 30, 1979. b. The city gate rate estimated to be applicable to volumes purchased during the current calendar month, ex --- pressed to the nearest $0.0001 per Mcf (shoim below as "Re") . C. The base city gate rate of $2.0279 per Mcf, (ii) Correction of the estimated adjustment determined by (3) (a) (i) above shall be included as part of the adjustment for the second following billing month. The correcting factor (sho om below as "C") shall be expressed to the nearest $0.0001 per l.�1cf based upon: a. The corrected adjustment amount based upon the actual city gate rate, less b. The estimated adjustment amount billed under (3) (a) (i) above, divided by c. Distribution system residential and cone--nercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (iii)The adjustment determined by (3) (a) (i) and (3) (a) (ii) above shall be multiplied by a tax factor of 1.06146 to include street and alley rental and state occupation tc�x due to incre`.sing CoMpany rev cnues t?:i s g.- s cost adjustment provision. Ire sun ary, the gas cost adjustment (CCA) shall be determined to the nearest $0.0001 per i,,icf by (3) (a) (i) , (3) (a) (ii) and (3) (a) (iii) as follows: CCA = (3) (a) (i) , + (3) (a) (ii) X (3) (a) (i-ii) CCA = (1.0442) (Re-$2.0279) + C X 1.06146 -3- 4. Tax Adjustment The tax adjustment shall be an a;r.ount ,equivalent to the proportionate . a � �T ,� • j ,- �u ov er nmental imposition, D.ar t of any new tax, or inc� _ f__�� �L.r� t�... , or ,any ot;���=�r �L rental, tal fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subse- quent vent to January 1, 1980, upon or allocable to the Company's distribution operations, by any new or amended law,' ordinance or contract. 5. The Company shall have the right to ,_ollecr such reasoL.able charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect, as set forth in At tachament "A" hereto which is incorporated herein. 6. The Company shall be allowed to continue to collect the 5(,"- and 10� surcharges authorized by the Railroad Commission of Texas Final Order in CUD-1604 until such time as the respective amounts authorized to be collected have been collected. The Company shall immediately notify the City when the amounts authorized to be collected have been collected. SECTION 3. It is hereby found and determined that the meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on this the day of A.D. 19 . ATTEST: Secretary Mayor City of --North Richland Hills, Texas -4- 10 STATE of TEXAS ' X - COUNTY of TARRANT X I, Secretary of the City of North Richland Hills _ _ Tarrant Coun ty, , Texas, hereby certify that the above and foregoing is�a true and correct copy of an ordinance passed and approved by the City Council - of the City of North Richland Hills at a' session held on the day of 19 as it appears of record in the minutes of said in Hook , Page ,a. WITNESS ILY RAND ANrD SEAT, of SAID CITY, this the day of A.D. 19 Secretary City of North Richland Hills Texas -5- ATTACUMIENT "A" SCHEDULE of SERVICE CHARGES 1. Reconnect Charge In addition to the charges and rates set out above, the company shalt charge and collect the surn of: 6 z� Schedule qharge 8 a.m, to 5 p.m. Monday through Friday $20.00 L 5 p.m, to 8 a.m. Monday through Friday 30.00 Saturdays, Sundays, and Holidays 30,00 t as a reconnect ,Charge for each reconnection or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions: a. For a builder who uses gas temporarily during construction or for display purposes. b, For the first occupant of the premises. c. Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installa Lion done by Company; or d. For any reason deemed necessary for Company operations. 2. Appliance, Gas Light, and Air Conditioning Service Charges APlance Service Chars Schedule Hourly Charge S a.m. to 5 p.m. Monday through Friday . $1$.00 + 5 p.m. to 8 a.m. Monday throughFriday $27-00 y Saturdays, Sundays and Holidays $27-00 An additional charge of $12 added to the above charges when a second employee (helper) is required. Tirnte in excess of one hour prorated in 15 miroute increments, as follows: Standard Non -Standard Increments Working Hours Vr'or�Hours 15 minutes $ 4.50 $ 6.75 30 minutes $ 9,00 $13-50 45 minutes $13.50 $20.25 60 minutes $18.00 $27.00 -I- 10 0 0 �l 1 ` Standard working hours defined as 8 a.m, to 5 p.m. Monday througIt Friday except hoIid"nys. All new company sold grills serviced free of charge for 90 days, during standard working hours'. Gas Light Service Service CI jrir;e Clean and replace mantles $�.c�E� 'fainting (black and white and/or replacing glass panes $4.00 All new company sold gas lights serviced free of charge for 90 days, during standard working hours. , Air Conditioning_ Service Schedule Hourly Charge Any hour Sunday through Saturday and Holidays $,20.00 Time in excess of one hour prorated in 15 minute increments, as folio«fs: Increments All Hours 15 minutes $ 5.00 -30 minutes $10.00 45 minutes $15-00 60 minutes $20.00 All new company -sold air conditioning units serviced free of charge for one year from date of installation. No additional charge for second employee (helper)-, Labor charges in excess of factory allowances for warranty rtpIac4ment and repair will be passed on to the customer. I charges for replacing Yard Linos Item or Service Char ,e Basic service charge for all replacement work $40-00 Preben . Riser vJ th Su.IPOc-t Post $-47-0.00 Noncorrodible Prebent Riser $15-00 Stopcock $ 4.95 Ditch, replace 1 % inch (or smzdler) pipe, and obtain city inspection $ 2.00 per foot -2- �1: . Remove grass, ditch, replace I v, inch tion and replace grass $ 2.30 per foot - Insert lh: (or smaller) Polyethylene pipe in existing service line PP $ I.�O per foot Special trip to perform yard line work at customer's request and work cannot be scheduled for Company convenience $40.00 additional Work performed cn overti rr e basis at . customer's request $60.00 per hour* Disconnecting and reconnecting customer ` yard line at main when yard line is replaced by other contractors $40.00 A firm price gitotation will be made on the basis of labor, material, and other costs for replacing yard lines larger tl.an EX, inch in size. *Computed at one-fourth the hourly rate for each 15 minute period or fraction thereof. The same Work performed on a call -out basis will be charged at the overtime rate with a two hour minimum charge. 4, Main Line Extension Rate (Residential) The charge for extending mains beyond the free limit established by Lone Star Gas or an free limit established b Cie franchise is $4.50 pet- foot except Y Y Y for large commercial and industrial consurners which are handled on an actual cost per foot basis. 5. Returned Check Charges A returned check handling charge of $5.00 is made for each check returned to the Company for reasons of non -sufficient funds, account closed, payment withheld, invalid signature or 'improper prepardtlon. -3- I• I• ll DATE: 9-10-BQ SUBJECT: Proposed Extension of Browning Blvd. DEPARTMENT: Public Works BAD KGROUND: This Agreement authorizes the acceptance and execution'of an. agreement between St. Louis Southwestern Railway Company and the ' City of North Richland Hills to extend Browning Blvd. across railroad property... All cost associated with this agreement will be paid by-. the developer. (See .attached letter), CITY COUNCIL ACTION REQUIRED. Authorize Mayor to sign agreement.; BUDGETED ITEM: YES NO- N/A. ACCOUNT NUMBER: oak grove construction, inc. September 10, 1980 City of North Richland Hills 7301 Northeast hoop 820 North Richland Hills, Texas 76118 Re: St. Louis Southwestern Railway Company, Forth Richland Hills, Texas - Proposed Extension of Browning Blvd. TCC 625.01 Gentlemen: As per your request, please accept this letter as confirmation of our intent to pay the cost of installing the above referenced railroad crossing. Sincerely, Charles L. Owen CLO/dea 8821 Forum Way • P.O. Box 40437 • Fort Worth, Tex. 76140 e 293-8990 St. ortzs out western az way, Company 913 Franklin Ave., P. 0. Box 1319, Houston, Texas 77001 Telephone (713) 223-6182 R. H. PATTERSON PuqL.sC PROJECTS ENGiNEE'R August 27, 1980 File.* G140 90996 forth 'Richland Hills, Texas Proposed extension of Browning Boulevard TCC 625*01 14r, Thomas Paul City Manager City of North Richland Hills P. D. Box 18609 North Richland Hills, Texas 76118 Dear Sir: Reference my letter of June 17, 1980, above subject. Attached are duplicate originals of proposed agreement covering the above project. If satisfactory, please have executed on part of the City and return both copies to me for similar handling by the Railroad Company, after which fully executed counterpart will be furnished you for record purposes. Also, please furnish City Council ' motion or resolution authorizing acceptance and execution of the agreement. Attachments RHP:aet 0 Yours very truly, R. P� n Public rojects Engineer APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7. STREET OR HIGHWAY EASEMENT 04,tw Inbruturr, made this day of , 19 - , by and between ST. LOUIS SOUTIBVESTERN RAILWAY COMPANY OF TEXAS, a Texas cor oration and T LOUIS SOUTHWESTERN RAILWAY COI4.PA Y -- S , . a Missouri cor- poration, . poration, .herein collectively called "Railroad,,". and CITY OF NORTH RICHLAND HILLS, a municipal corporation of the State of Texas, . herein called "Grantee": 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, hereinafter termed "highway", upon and across the real property described on the attached Exhibit "A' . 2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and simi- lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the space above said plane. 3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the p perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors t, assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication. power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, Railroad shall not be obligated to make any change in the grade of said _ highway, nor shall such removal affect Railroad's title to the underlying property. This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against the existence thereof. 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not commenced within two (2) years from the date first herein written. 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize. the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for maintenance of said highway. 6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway. Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's agreement prior to commencing any work on Railroad's premises. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main- taining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte- nant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said highway specified above. 8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction or reconstruction of said highway commenced within two (2) years from the date first herein written. 9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re- served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to construction of said highway, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, such removal and restoration may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 11. Sections 12 .to 15, inclusive, on the attached insert, .are hereby made a part of this indenture. IN N ITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day an(' year first, herein written. ST, LOUIS SOUTFF4ESTERN RAIL-- ST o LOUIS SOUTHWESTERN CITY OF NORTH RICHLAND HIL: WAY COMPANY OF TEXAS, RAILWAY COMPANY,. By ; B.y :......;... By (Title) (Title) Mayo: Attest Attest : B Assistant ecre ary Assis an ecretary C er. 0 I N S E R T Browning Boulevard, Crossing TCC--625, 01, City of North Richland Hills_,' Texas 12, Railroad, at the expense of Grantee, shall furnish the neces- sary .labor, materials, tools and equipment and shall perform the following work: (a) install two (2) flashing light grade crossing signals equipped with automatic gate arms, together with necessary actuating and operating circuits and adequate instrument housing, here- inafter collectively referred to as "signals," at said high - ,al way. Said signals shall be located approximately as indicated on the print of Drawing 77-8 694--1 revised April 19, 1978 , attached and made a part hereof. Installation of and all materials for said signals shall be in accordance with Rail- road's usual standards; (b) prepare its tracks to receive paving, including subgrade stabilization, replacement of rails and ties; and (c) install treated timber planking along the rails of the tracks through the crossing area. Grantee agrees to reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and performing the work specified in this Section 12. 13. Grantee, at Grantee's expense, shall construct approaches to the crossing area and install necessary drainage. 14. Following execution of this instrument, Railroad will order the delivery of all materials required to perform the work contemplated here- in and shall submit to Grantee a bill for eighty percent (8 0 0) of Grantee share of the estimated cost of materials to be furnished by Railroad. As soon as the crossing signals and/or the crossing surface have been placed in operation, Railroad shall submit to Grantee bills for eighty percent (8 0 0) of Grantee's share of the estimated cost of applicable labor furnished by Railroad. Following completion of audit, Railroad shall submit to Grantee a final bill for the actual total cost of the work performed by Railroad, less the progress payments made by Grantee hereunder. Grantee shall pay all of such bills promptly. In the event progress payments made by Grantee exceed the audited total final cost, the difference shall be promptly refunded to Grantee by Railroad. Page 1 of Insert 0 15. The work to be perforrmed bli?. Railroad hereunder shall ben, "L S commenced as soon as labor and materials are available, following execution of this instrument, and shall be completed within one (1) year thereafter. Page 2 of Insert 10 EXHIBIT "A" A sty, i p of 1 and 60 f oet wi de s i tua te, 1 y i ng ang hz i ng in the City of forth Richland Hills, County of Tarrant, State of Texas, lying equally 30.0 feet on each side of the following described center line: Beginning at the point of intersection of the northwesterly Tine of land (100 feet wide) of St. Louis Southwestern Railway Company with the center line of Browning Boulevard; thence southeasterly along the southeasterly prolongation of said center line of Browning Boulevard and crossing of the center 1 i ne of said Company's main track (Fort Worth Branch) at Engineer's Station 7675+48.3, a distance of 100 feet to a point in the southeasterly line of said Company's land. The side lines of the above described 60 foot wide strip of land terminate in said southeasterly and northwesterly lines Said strip of land contains an area of 6000 `square feet, more or less. Page 1 of 1 - / a, 40. 44 _ •. i �'C 52 kz'l J tj )00 Ac /0 74 Af— r a%!� j+ „? i t ti� f y � F COC7 �. HoNoo w:: 44 i ST . LOUIS SOUTHWESTERN RAILWAY COMPANY NORTH RICHLAND HILLS TEXAS LEGEND -- Near Smithfield M O P . "C" 62 5.O1 Yellort Road X-- ing to be heap Showing Proposed Extension of Browning B1 Abandoned Across SSW "C" Branch to serve Red = Construct by Railway CITY OF NORTH RICHLAND HILLS, TEXAS .orange = Construct by City Office of Division Engineer Proposed easement to the Tyler, Texas City of North Richland Scale: Noted Dwg . 77-8694-1 Hills, Texas RSA` Case 1 Drawer 1-$ Rev. 4-19-78 DATE: 9/10/80 � G SUBJECT: Ordinance pertaining to vacating a portion of Riviera Drive. • DEPARTMENT: Public Work BACKGROUND: At the request of the Snow Heights Homeowners Association a portion of Riviera Drive (East of Ken Michael) will be permanently closed as a result of this Ordinance. J • CITY COUNCIL ACTION REQUIRED: Approve the Ordinance BUDGETED ITEM: YES NO N/A ACCOUNT NUMBER: u ORDINANCE N0. WHEREAS, a portion of Riviera Drive has never actually been used as a public strret; and, WHEREAS, the city has no plans to ever use such portion L. as a public street; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that; • 1. The dedication of that portion of Riviera Drive described in paragraph 2 hereof be and in hereby vacated and the ownership �. of such property shall revert in equal shares, to the present owners of Lot 22 and Lot 23 H. W. Kelley Estates, an addition out of the W. W. Wallace Survey, North Richland Hills, Tarrant County, Texas, reserving an easement over the entire tract to the City of North Richland Hills for water and sewer and other utility purposes. 2. The portion of Riviera Drive whose dedication is vacated is described as follows: That portion of Riviera Drive from the West property line of Lots 22 and 23 of H. W. Kelley Estates to the East property lines of said Lots 22 and 23. PASSED AND APPROVED this day of 91980. Dick Faram, Mayor ATTEST: Jeanette Moore, City Secretary AS TO FORM AND LEGALITY: Rex McEntire, City Attorney cR / DATE: 9/10/80 SUBJECT: Fire Apparatus Bids DEPARTMENT: Fire Department BACKGROUND: The staff is recommending that the alternate ' 9 bid from FCM Apparatus Corporation, Tipton, Indiana in --the amount of: $535646.00 or $1075352.00 for twos be accepted. This bid ' i s an alternate and takes five' (5) exceptions to the base bid, listed on page 5 of bid #2. These bid exceptions are all minor and have no effect on the function of thus apparatus. This was discussed in Council Worksessi on to transfe r funds from Utility Surplus to purchase these fire trucks. This account will be . repaid upon receipt of Revenue Sharing. CITY COUNCIL ACTION REQUIRED: Approval of bids. BUDGETED ITEM: YES NO X ACCOUNT NUMBER: � � � � �. �►.�---- --- --ram-- --.. - r r--- - -- --- -- -------.. r -- - - ---- ---- -- -- - - - --- - -- -- - - } f. Cityo artRichland �. ,. Stan R. Gertz FIRE DEPARTMENT Fire Chief To: Mr. Charles Williams Date: September 9, 1980 City Manager From: Stan Gertz Ref: Fire Apparatus Bids Fire Chief Recommendation The FMC Fire Apparatus Corp. submitted two (2) bids on the specifi- cations sent out for the purchase of two 1000 GPM fire apparatus. lst Bid - Trucks built exactly according to specification at a cost of $55,760.00 per truck or a total of $111,152.00 for two. 2nd Bid - This bid is an alternate and takes five., (5-) exceptions to the base bid, listed on page 5 of bid #2. These bid exceptions are all minor and have no effect on the function of this apparatus. The cost of. this apparatus is $53,676.00 or $107,352.00 for two. If you have any questions concerning this item please contact me. Than you, t Stan Gertz ms (817) 281-0041 ill 4101 MORGAN CIRCLE / P. 0. BOX 13305 / NORTH RICHLAND HILLS, TEXAS 76118 I• F0 0 City Of �rth Richland Hins, Texas 1 To: 1`'1r• Charles Williams City Manager Date: September 9, 19ou From: Stan Gertz Fire Chief '� Ref: Bid Opening & Results i The bid opening for the two Present wer �2) fire trucks was held o e Mr. Tom Nash of Fire Protect' n Sept. 5, 1980. Schaurnberg of American La Fr ton Service Co. and Mr. Dou France. The city secretary and m s g opened the four bids submitted. Y elf The bid submitted by FMC Mr. read aloud � Ed Beene) was opened • ud the alternate bid as it w P but I failed to This oversight was entirelyas not listed on the cover sheet. until approximately my fault. The error was not di ely two hours later. I do no discovered should be penalized form mistake. t feel the FNIC Corp. y stake, The following information is the final price I was able to With the representatives of t negotiate he four bids submitted b th Y e fire truck manufactors, starting with the re commended fire truck company, Y (817) 281-0041 / 4101 MORGAN CIRCLE} , P. 0. BOX 13305 NORTH RICHLAND HILLS, TEXAS 76118 I. FMC Fire Apparatus Corporation Tipton, Indiana Sales Representative: Mr. Ed Beene 6017 Rickee Dive Fort Worth, Texas 76148 Telephone: 2 81-4172 A. Primary Bid _ Bid Base Price (one unit) $55, 576.00 Total Bid Price (2 units) $111,152.00 ` This truck will be built to specifications with the exception of the alumimum firefighting body. Delivery time 120 working days s. B. Secondary Bid Alternate Bid (one unit) $53,676.00 Total Bid Price (2 units) $107, 352.00 FMC will allow the city a $600.00 per unit credit to the city. Y The saving to the city will be approximately $400.00, These trucks have only five exceptions and cost $53,076.00 per truck. Delivery time 75 to 90 calendar days. II. American La France Elmira, New York Sales Representative: Mr. DougScha umb e rg Casco Industries Shreveport, Louisiana A. Primary Bid Bid Base Price (one unit) $56 670.00 Total Bid Price (2 units) $113 340.00 This truck is built to specification* Delivery time of 60 days. B• Secondary Bid Alternate Bid PriCe (one unit 5 $ 3,670.00 Total Bid Price (2 units) $107 340.0 0 American La France will allow 2 $ 21 0.00 credit per unit. Thi savings is as follows: City employees pick s install all extras, no letteringP .uP truck in New York, or pin striping, These trucks are not built according to specifications and cast $51,460.00 per unit with a delivery time of immediately, I0 0 • III. Gruman Emergency Products Roanoke, Va. Sales Representative: Mr. Tom Nash Fire Protection service Company Dallas, Texas Bid Base Price (.one unit) #54, 311. 00 Total Bid Price (.2units) $108, 622.00 This truck is not built according to specifications, but has a delivery time of immediately. Gruman will allow the city a savings of $1, 750.00 per unit by the city taking delivery and making all the equipment installation. These trucks will sell for $52,561.00 each. Delivery date will be 30 to 45 days or sooner. • IV, A. Emergency One Ocala, Florida Sales Representative: Mr. Jim Cotton Superior Southwest Dallas, Texas Bid Base (one unit) $61 85g .00 Total Prcie (2 units) $123 716.OQ This truck was to be built exactly to city specifications the bid price was so high , but representative g there was no use to pressure ve to reduce his P ure the sales . price, 41 DATE: 0 0 r� SUBJECT: Animat Can;c.at OAdina.nc2 (-� DEPARTMENT: Pat,i,ce BACKGROUND: We need to timit the number a6 pet �s pe& haulseha.2d. The pnezevrt ancii.nance .c:.s extAeme2y acLtdated. It cannot pod1sib2y .6etcve a city a6 30,000 nez.dence. It maFze� no pnay.i�s�.aws fahthe en.ojcmacus 4etine pnab.�em; no pnov i�s�,aws �n the .impoundment an*cliZpoZ,itian o6 eztAay avumatz (tivutock),;_ no pnav,us.cows to deae with howseho2.cG6 which contain 4-22 dogs an cam, the majoti ty a6 which necei..ve the vetty m,i,ni,ma,Q ccrte; no pnay.v,,tows which setcve to encowcage ownetus to contain the iA dogs becaws e they may redeem scud dog 6ot ass titt,2e cvs $6,00P and .Q.alstt y; no pnov,us�.aws fan dea,P,c;ng with awimcc,Pz which nepeated2y attack both humans and othe�r, avr imu,?z . ThiA ancLi via.nce pna vidvs a .2egcr e. baz,us to humane.. y des tic.o y any diseased on in j c.uc.ed anima,e when the hecovelcy a6 such injcucy on dizecuse .ins in sehiauz doubt. CITY COUNCIL ACTION REQUIRED: Condidenati,an to appnave 1 BUDGETED ITEM:, ES N0 a C COUNT ' , 10 --- ---- ----------- -5-Y ___ _______ ____ ANI14AL CONTROL ORDINANCE ARTICLE 1. DEFINITIONS ARTICLE 2. DOGS AND CATS s ARTICLE 3. KENNELS ARTICLE 4. ES TRAY S ARTICLE 5. IN GENERAL ARTICLE 1. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: SECTION 1. (A) OWNTER: Any person who has right of property in an animal or (allows an animal to remain about his premises for a period of .10 days. (B) HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for period of 10 days. (C) DOMESTIC ANIMAL* Shall include all species of animals commonly and universally accepted as being domesticated. (D) WILD ANI IMAL: Shall include all species of animals which exist in a natural unconfined state and are usually not domesticated. (E) PET ANKIMALS: Shall include dogs, cats, rabbits, rodents, birds, reptiles, and any other species of animal which is sold or re- tained as a household pet but shall not include skunks, non- human primates, and any other species of wild, exotic, or car- nivorous animal that may be further restricted in this ordinance. (F) STRAY ANIMAL: (Including Es trays) Any animal, for which there is no identif ible owner of harborer, which is found to be at large within the corporate limits of the City of North Richland Hills. (G) ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle. (H) VICIOUS ANIMAL: Any animal that constitutes a physical threat by reason of it's behavior to human beings or other animals. (I) RUNNING AT LARGE: (1) Off Premises - Any dog which is not restrained by means of a leash or chain of sufficient strength and length to con- trol the actions of such dog while off premises. (2) on Premises - Any dog not confined by premises of owner by a substantial fence of sufficient strength and height to prevent the dog from escaping therefrom, or secured on . the premises by a metal chain leash sufficient in strength to prevent the dog from escaping from premises and so arranged that the dog will remiain upon the premises when the leash is stretched to full length. 1 A dog intruding upon the property of another person than the owner shall be termedP on other "at large", An animal with- in an automobile or other vehicle of it's owner or agent shall not be deemed "at large". owner's (J) RABIES VACCINATION: Shall mean the vaccination ' inat� � on of a dog, cat or other domestic animal with an anti -rabies vaccine a by the State Department of Health and administered by a veteri- narian licensed by the State, ARTICLE II. DOGS & CATS SECTION 1. I?�iPOUIyTD�1ENT. Animals owned or harbored• in violation of this ordi- nance or any other ordinance or law of the State of Texas shall taken into custody by an animal con be trot officer or other designated official and impounded. A suitable animal shelter shall• by the impounding agency for be provided g g y the purpose of boarding and caring for any animal impounded under the provisions of this ordinance SECTION 2. DISPOSITION OF IMPOUNDED ANIMALS. If the owner of an animal is known, immediate notice shall be given to him. Any impounded ' redeemed upon P animal may be • p payment of the impoundment fee, care and feedingcharges, veterinary charges, rabies vaccination charges set by the animal control o b and such other costs as officer. icer . If such animal is not redeemed within three (3) days, it shall be deemed abandoned for adoption, sub ' ect to payment e �- and may be placed p m n t of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination ' such other costs as s e t b the animal charges, and y mal control officer, or the animal control officer may humanely euthanize said animal b i-n ' ' y section. SECTION 3. DISPOSITION OF IMPOUNDED ANIMAL BEING H com- plaint has been fit HELD ON COMPLAINT. If a com-- ed in Municipal Court for the Cityof North Land Hills against the owner of an impounded Rich- land animal for a violation of this ordinance the animal shall not be released e order of the court which may also except on the y direct the owner to pay any penal- ties for violation of this ordinance in addition to all impoundment fees. Surrender of an animal by the owner thereof to the animal control officer does not relieve or render the owner i decision of the court, not to the feesimmune from the and fines which may result from a violation of this ordinance. SECTION 4. REMOVAL OF DOGS & CATS FROM CONFINEMENT. It shall be unlawful for any person to remove from any place of confinement an do or c which has been confined as authorized with y g at irrlpoundin agency, out the consent of the g SECTION 5. ANIMALS AT LARGE. It shall be unlawful f -- o r an e -• _. harboringa do to y person owning or g permit such animal to run at large. ��---� Any officer or citizen of the City of North Richland authorized to take u and Hills is hereby p deliver to the office of the animal control officer any animal mentioned in this ordinance t limits that may be found "at large" in the corporate li s of the City, subject to the applicable provisions of the law. Failure to turn over to the ' animal control 2 officer any such animal within forty-eight (48) hours may subject the person taking up the animal to civil and/or criminal action. The animial control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner,, the animal con- trol officer, his agent, or peace officer may enter the property, Y P P Y, other than a private dwelling for the purpose of impoundment or issuance of a citation, or both, subject to the applicable pro- visions of the law . SECTION 6. CONFINE14ENIT DURING ESTRUS. Any unspayed female dog or cat in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure and said area of enclos- ure shall be so constructed that no other dog or cat may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital, or animal shelter. All expenses incurred as a result of this con- finement shall be paid by the owner. Failure to comply with the re- moval order of the animal control officer shall be a violation of this ordinance and the dog or cat will then be impounded as pre- scribed in this ordinance. SECTION 7. FEES. The following fees are established beginning with and after the effective date of this ordinance. (A) IMPOL."DMENT OF NEUTERED ANIMAL. First impoundment --------- $10.00 Second impoundment -------- $10.00 Third impoundment --------- $20.00 Boarding fee -------------- $ 4.00 per day (B) IMI TOUND-1kiENT OF UN -NEUTERED ANIMAL, First impoundment-------- -$ 25.00 Second impoundment -------- $25.00 Third impoundment --------- $45.00 Boarding fee -------------- $ 4.00 per day A $15.00 refund will be given if proof that the animal has been neutered is presented within thirty (30) days of th initial im-- poundment . .� u - Y N ARTICLE III. KENNELS SECTION 1. OPERATION OF KENNELS -REQUIREMENTS. � _ Q S . A kennel within the meaning of this ordinance is any establishment designed for the permanent or ►'� temporary boarding or keeping of animals. No person, group of per- sons or business ss entity shall own, keep, or harbor more than one litter of pups and three (3) dogs of more than four (4) months of ' age or one. litter of kittens s and d three (3) c of more than four `►' (4) months of age or more than a total of five 5 dogs and cats r more than four (4) months of age in any corn Ina i n thereof , or engage in the commercial business of breeding, buying, selling, trading, training, or boarding dogs or cats or both dogs and cats or other pet animals without having obtained a valid kennel license from the Chief of Police of the City of North Richland Hills. 3 SECTION 2 , LICENSES -ISSUANCE RENEt`T _ AL. All kennel licenses sha thirty-first day of December of 11 expire on the each year. No kennel license shall be issued until an inspection certificate , the animal control officshall have been issued by er or authorized representative. The earl license fee for kennels shall be fiveP ( ) dollarsS e y � issued shall s , The license specify the maximum number of animals permitted ed to be kept, handled, or exhibited by the licensee. for the licensee to keep, It shall be unlawful , handle, or exhibit any number of animals in excess of the maximum specified on the license. SECTION 3. REVOCATION OR SUSPENSION OF LICENSE. --------- Any kennel licensed under this ` orainance -found to be in violation of any zoning law, health law,, or any other applicable law of the City of North Ric hland Hills or of the State of Texas or that is maintained in such a manner as to be detrimental to the health, safety or � peace - p e of mend of persons re -- siding in the immediate vicinity, ma hit' y have s kennel license sus- pended or revoked without prior notice b the y Chief of Police. ARTICLE IV. ESTRAYS SECTION 1. IT"?10 _U�TDL�iENT, It shall be the . ----� duty of the animal control officer in absence of action by the County Sheriff's office, _ to take up any and all es t r ays that may be found in and u on upon any unenc losed lot in the p any street, alley, or in or City of Forth Richland Hills, or other- wise to be found at large, and to confine such � . Upon impounding an estrav t ach estra} s for safe keeping. "Notice „ :, he animal control officer shall prepare a ice of Es tray and file such notice in the '� p p the office of the animal control Es tray Book" located in officer. The "Notice of Estray" shall contain the fo llowing information: (A) The name and address of the per son son who notified the animal control officer of the es tray; (B) The location of the estray when found, • (C) ' The ' location of the estray until disposition; on; (D) A description of the animal Inc t including it's breed, color, sex, age, size, all markings of any kind, and an oche � • g ' istics , y r identifying character - SECTION 2. ADVERTISEMENT OF IMPOUNTDED EST RA� ' S . When an es tray has been impounded the animal control officer shall make a diligent ' lllgent search of the register of recorded brands in the Count for the e owner of the es tray. If the search does not reveal the owner, the animal vertise the Impoundment of the control o fficer shall ad- s tray in a newspaper of general circu- lation in the County at least twice durin g the next (15) days follow- ing impoundment and post a notice of the i the public notice board of t I�poundment of the es tray on he County Sub -Court House and of the City Hall. y SECTION 3. RECOVERY BY O i '�v ER , The owner of an e s t ray may recover o the animal at any time before the animal is sold under the terms of this Article if: 4 t (A) The owner has provided the animal control officer with an "Affidavit of Ownership" of the estray containing at least the following information: (1) The name and address of the owner; (2) The date the owner discovered that the animal was an estray; (3) The property from which the animal strayed; (4) A description of the animal including it's breed, color, sex, size, all markings of any kind, and any other identifying characteristics. (B) The animal control officer has approved affidavit; (C) The affidavit has been filed in the "Estr.ay Book"; (D) The owner has paid all estray handling fees to those entitled to receive them; (E) The owner has executed an "Affidavit of Receipt" containing at least the following information: (1) The name and address of the person receiving the estray; (2) Date of receipt of estray; (3) Method of claim to estray (owner, purchaser at sale) ; (4) If purchased at sale, the amount of gross purchase price; (5) Amount of estray handling fees paid; (6) The net proceeds of the sale. (F) The animal control officer has filed the "Affidavit of Receipt" in the "Es tray Book". SECTION 4. FEES. For each and every estray taken and impounded there shall be paid to the City of North Richland Hills by the owner thereof or his agents the sum of twenty (20) dollars for the taking and impounding of the estray and the further sure of four (4) dollars per day, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the animal control officer. Such fee being charged for the caring and feeding of such animal. The owner shall also pay for any veterinarian of drug fees incurred for the animal while it is in the custody of the City. SECTION 5. SALE OF ESTRAY . If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this Article, title to the estray rests in the City and the animal control officer shall then cause the stray to be sold at a public auction. Title to the estray shall be deemed vested in the animal control officer for purposes of passing a good title, free and clear of all claims to the purchaser at the sale. The purchaser of an estray at public auction may take possession of the animal upon, payment thereof. 5 The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: (A) Pay all handling fees to those entitled • to receive them.; (B) Execute a report of sale of impounded stock; tock, (C) The net proceeds remaining from the sale of an estray after the handling fees have been paid shall be delivered control officer to the CityT by the animal Treasury. Such net proceeds shall be subject to claim by the original owner of vided herein, the estray as pro- (D) If the bids are too low, the animal control officer shall have the right to refuse all bids and arrange for another other public auction or sealed bidding procedure. SECTION 6. RECOVERY BY OttiTIvTER OF SALE PROCEEDS. Within twelve (12) months after the sale of an estray under the provisions of • owner of the estray may recover this Article the original Y the net proceeds of the sale that were delivered to the City- Treasurer if: (A) The oc��er has provided the animal cont rol officer with an affidavit of ow-nership ; (B) The animal control officer has approved PP ed the affidavit; (C) The approved affidavit has been filed in the Es tray Book. After the expiration of twelve (1 ?) months from the sale of an estray as provided by this Article, the sale prods shal Ci ty. , proceeds 1 escheat to the SECTION 7, USE OF ESTRAY. During the time period of ' P me an estray is held by one who impounded the estray, the estray may not be u� purpose. Y used by any person for any SECTION 8. DEAT1d OR ESCAPE OF ESTRAY. If the estray dies or escapes while held by the person who impounded it, the person shall to the animal control officer. The report the death or escape report shall be filed in the Estray Book, SECTION 9. BREEDING OF ANIMALS. It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit an g y P it or cause to be permitted the breeding of y such animal within public view. SECTION 10, ENCLOSURES, It shall be unlawfu l for any person to keep any horse cow cattle, sheep, or goat within one -hundred 100 feet ' ( ) et of another resi- dence or occupied building, or an hog with' ' Y g in five -hundred (500) feet of another's residence or occupied building. V . IN GENERAL SECTION 1. VACCINATIONS. Every owner of a dog or cat four (4) months of age or older shall have such animal vaccinated a or cats shall be re -vaccinated a t one (1) gains t rab � es . All such dogs year of age and annually. thereafter. Any person establishing residency Richland Hills shall comply = with g cy within the City of North P � this ordinance within ten (10) days of 6 establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the city limits a rabies vaccine shall not be administered to the dog or cat until after a ten (10) day observation period beginning with the date of the bite, scratch, or attack. a► SECTION 2. CERTIFICATE OF VACCINATION. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence there- of, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be filed with the owner. Such certificate shall contain the following information. (A) The name, address, and telephone number of the owner of the vacci- nated dog or cat. (B) The date of vaccination. (C) The type of rabies vaccine used. (D) The year and number of the rabies tag. (E) The breed, age, color, and sex of the vaccinated dog or cat. SECTION 3. RABIES TAG. Concurrent with the issuance and delivery of the certi- ficate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially nuribered to correspond with the vaccination certifi- cate number and bearing the year of issuance. In the event of loss or destruction of the original tag provided, the owner of the dog or cat shall obtain a duplicate tag. SECTION 4. REPORTING BITES. Every physician or other medical practitioner who treats a person or persons for an animal bite shall within twelve (12) hours report such treatment to the North Richland Hills Police Depart- ment or animal control officer, giving the name, age, sex, and precise location of the bitten person or persons and such other information as the officer or agency may require. SECTION 5. REPORTING SUSPECTED RABIES. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat, or. other domestic or wild animal shall immediately report the incident to the North Rich- land Hills Police Department or animal control, officer, stating pre- cisely where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal, such incident shall also be reported as required above. SECTION 6. CONFINEMENT OF DOGS AND CATS. Anv dog or cat which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency. If the dog or cat is not confined on the o —ner's premises, confinement shall be by impoundment j- the North Richland Hills animal shelter, or at any veterinary hospital of the ow-ner's choice. Such confinement shall be at. the expense of the ocw-ner. Stray dogs or cats whose owner cannot be _located shall be con- 7 0 I* fined in the North Richland Hills animal shelter at the victimt s ex- pense. The owner of any dog or cat that has been re inflicted a bite on any person shall on de Ported to have demand produce said dog or cat for impoundment, as prescribed in this section. duce said dog or cat constitutes a viola Refusal to pro- duce of this section, and each � day of such refusal shall constitute a separate viola- tion. Any wild animal which has bit P ate and individual ten a person shall be caught and killed and the brain of such animal immediately f ied laboratory for rabies examination Submitted to a quali- fied at the victim', s expense. Rodents, rabbits, birds, and reptiles are not considered the rabies virus and shall not be submitted for laboratory examination for rabies.- ' SECTION 7. CREATING A HEALTH HAZARD. Any person who shall harbor or keep on his premises, or in • or about a prerniSes under his control an or other et n 1 y dog or cat n1ma p , and who shall allow his premises to become hazard to the general health and welf are of the a shall allow his premises to give cormnunity, or who the activity or presence Cl_ o f f noxious or offensive odors due to P ence of such animals, shall be guilt of a m' demeanor. Y ls- SECTION 8. VICIOUS ANINZaLS . No person shall own or harbor a vicious animal with- in the City of North Richland Hills: such a n animal shall be impounded as a public nuisance. I f ir��p oundment of said animal safety, the animal may be destroyed z�T' cannot be made with y without t notice ce to the owner or harborer Any dog which has, on separate or more bites where police reports occasions, inflicted two (2) P s -were taken and quarantining was re- quired and the dog was at large at the time the bites world be considered the incidents occurred and to be unprovoked by the victim(s) shall be deemed to be vicious and shall be re hours following the owner b ei Q moved from the City within 24 nb notified, otherwise, said dog shall be impounded and destroyed in a humane manner .0 SECTION 9. GUARD DOGS. It shall be unlawful -----to place or maintain any dog which has been specificall T trained to attack an in _ y area for the protect ' n of 7which or property. -' Dogs -ke�pt solely for the protection are exempt, provided that such P tion of commercial dogs have been registered wi h Richland Hills Police Department e Quard doo P nt and the area or premises i g is confined is conspicously posted with warning aring letters not less than two ruing _ (2) inches high. SECTION l 0 . `� D E_ LrIP�fEN.T'�_ ._. _Ivo.. e���on__.Sh.� damage, or otherwise tamper with a t P all remove, alter, rap or equipment set out by the animal control officer. SECTION 11. AUrf-HORITY TO DESTROY INJ RE_D DEASED -------- ---._ / I S AID IMAL , The North Rich 1 an Police Department animal control d Hills officer, or authorized representative is authorized to destroy any in ' ' Jured or d 'seased animal, 1_whether such animal is on public or private property,d the anrecovery of such in- juries or disease is in serious doubt a has been r::ade to locate the o;r nd after a reasonable effort her of such animal. SECTION 12. PtNAL�' FOR VIOLATION. Any person • P n who violates any of the provisions of this oru i na�zce shall be gull t�- of a misd -r of, shall be punished by a fine not ei.`��_nor and upon cantiTi_ct�on there - to exceed two hundred (200) dollars. 8 SECTION 13. SEVERANCE CLAUSE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. S14C1ION 14. REPEALER. All ordinances and parts of ordinances in conflict here with are hereby repealed with the effective date of this ordinance. 9 M � ` DATE. SUBJECT: Bursey Road Drainage Improvements, Contractor's Estimate No. One Final DEPARTMENT: City Manager BACKGROUND: Final Payment to Joe R. Starks Construction Company, Inc. in the amount of $419736.74,, for materials furnished and work performed on the subject project. The quantities and condition of the job have been verified and :checked by the City's Inspector and we have checked all extensions. CITY COUNCIL ACTION REQUIRED: Approve final -payment BUDGETED ITEM: YES NO ACCOUNT NUMBER: 0 je� • 1 7 KNOWLTON- ENGLISH-FLOWERS/ INC. CONSULTING ENGINEERS /Fort Worth -Dallas September 109 1980 Honorable Mayor and City Council city of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Subject: 3--2239 CITY OF NORTH RICHLAND HILLS, BURSEY ROAR DR AINAGE NAOE IMPROVEMENTS, CONTRACTOR'S ESTIMATE NO* ONE, FINAL • f Contractor's Estimate No. One (1) and Final, We are enclosing ng a copy o STarks Construction dated September 10, 1980, made payable to Joe R. da p 6.74 for materials furnished and Com an , Inc., in the amount of $41,73 p y The quantities and condition of the work performed on the subject project. job and we have e been verified and checkey have d bthe Ci tys Inpsector, din that the City forces have checked all extensions. It is our understanding • control and in the absence of any negative reports, monitored trench density c we recommend that the above final payment be made to Joe R. Starks Construction Co • Co., Inc*, 3501 Concrete Street, Fort Worth, Texas 761070 • was awarded to Joe R. Starks Construction The Contract for this project Cit Council ors August 27, 1979 for $30,701*749 Company, Inc., by the y _ • ewer line from an includes construction of a 42 inch stone s This project e existing storm sevier stub -out at Burs y Road west of valley Dave Londonderry Addition site, through City owned property and north of the Lando y r and terminating at a storage pond on private property approximately y e Road. Also included i s a concrete overflow 631 feet north of Burs y structureP on the find to check erosion at its discharge p point into an • h. The Council approved a change order for extra existing drainage ditch. work requested by the stock pond owner, and this cost is included in the Final Estimate. of theIn accordnace w�•th Sect� on 3.2.11 (a), Contract, the two (2) year term of the Maintena nce Bond will begin on this date, and therefore, will terminate on September 10, 1982. Contractor due to difficulties in negotiating Because of delays to the � the project private property owner for the required easements, p with the p p P has extended beyond th e Contract completion date. However, the Contractor s than the 55 Contract completion days, therefore, has completed the job i n less no liquidated damages dama es were incurred nor should they be assessed* . 550 FIRST STATE BANK SLOG. • BEDFORD, TEXAS 76021 • 817/283-6211 • METRO/267-3367 10 �► We will be present at the next Council meeting to answer ' you may have con 9 any questions ons y y concerning this final estimate. RICHARD We ALBIN, -P. E. RWA/1 j c cc: Mr. Charles W. Williams, City Manager Mr. Allen Bronstad, Director of Utilities Mr. Floyd McCallum, City Inspector Joe R. Starks Construction Co., Inc. k • R i s E S T. I M A T E P 1 of i C p N T R A C T O 1 F I L' F3?23 er. ..r a.r aw am am .�. r d" .+ ... a.a so an so Ara w am aiw r ST I MAT E NO * -- ONE G FINAL JOB NO*ow 3�223 CRZP �I.O �1.-- D R A.I _NAG-E.�L.M P _R Y R a A _ ___ { '- --� -- - DATE 9 / 10 ♦80 _�QJEC..�DES �wNER-- NORTH R ICHLANO HILLS W. PLACE NORTH rR I CHLAND DAYS CONTRACTOR-- JOE R • ST HILLS AR KS C�0N-5T. CO. iME OR CHARGED THRU PER I OD-- 70 AND LABOR PERFORMED I N MATERIALS FURNISHED _ _ --_ _ . _ _ . ___ PERIOD END IN_G� 5 8/31/80_ COMP L ET4.ON D ATE 8 / I b o 'ORK ORDER DATE- b/23 g 0 CALENDAR DAY Sw 5 PREVIOUS I S UN I T� -- ---- ____----fMATE _TH ESTIMATE rr imm ! .r. TOTAL Awe arw r.. w ar,a PRICE. r arr aa. 'r r AMOUNT dim a.r arr am gar w wr ONO 04 ITEM DESCRIPTION UNIT EST j 4m r � a� ar/ 4m a m ally so ai �� Sm arty a m Aar amAla ar� arrr air own aa� am ar/ Ara arr a.r ar Ara ars Aar am rr.� aaa one soft arm arr Aral ar r aM aa. mar rr aan dam r - _� _ L•F• 4 a•OJ 2 �tR.C.PCOMPLETE IN PLACE . b3I •00--63-i.00 1.Oo 145 •00 ��: 3.00 42•.5.4-26842.74 1450.00 1• 2. 3• 5O•o0 STORM SEWER MANHOLE �-.. � I . w I STEEL L . S • � 0600 �1.. A_-�ONC.-iDwL -- -91o.4.0 1000 .2 . a o _ 99.Oo 14 _ - - 1499.DO - - -- - 910•00 4 • CL • f B I CONC • OVERFLOW ST RUC T • L . S • 0. 0 C} 0.00 2. C3 0 1.00 1+ 0 0 1.00 3ooa . Qo C. 3000 .0=� 5. CONTRACTORS DELAY COST L • S • POND C •Y • 0 a 00 850 #0_0 850 900 3 • l0 � Zb3.5.0'ti _ 6s 7• DREDGING STOCK _ -- L C•Y• 0.00 EXCAVATION RE 0.00 0.OQ - 0.75 240.`C0 0 • .: 520G • Oi> 8. CL.lBfCONC• SLOPE PROTECTION C.Y. 0.00 0.00 2b.00 1.00 2bs00M 1.0 0 200.0.0 .200.00 9. i SPLASH BLOCKS L eS. -- CL. �1 COt�C. - _ IEL D VERIFICATION of JOB CONDITIONS ,ND CONFIRMATIONOF PAY QUANTITIES ,Y-- © r Copy ar+ �+ r ar wr ars ales eaa air M a� t - r ar orr ar. ar. arr arr ars �+ �+ aa. air aw aart rra w �OWNER S PROJECT REPRESENTATIVES ,ATE- 019 w � ar Aar aw ...� am !Ir s as a ar a.. aar am am* arr aru am am* am aaa art am air an s a. r Aar a. a� r ar aa� arr am one Ara w ara arr arr M r aw a+ ma .ar $no am am mm arr w aw ar+ aaa Ara w w w ar. ar ..r warm aria a+ ar ...r r one ar ar a" w w a.. w � yw am sr r r r +r ais wiry rrr awe wr a+ am ar ;PPROVED- ,NoWLTO11a-ENGLISH-FLU? ERS� i;�tC. CON ING ENGINEERS •; " w arr w aa. ++ Aar w +a arr ar era r Aar sra ua aaa a.r aw aa1 aw .r arr r ar a. aae arr r oa■r )ATE- 019 8� on am mama _ Oft .... aaa r .a. «r. a� �• .. arr �+ .. w w ww � .r � ab 'OTAL-EARNINGS (INCL• RETAIN•)aft$ 'IME CHARGED THRU THIS PERIOD" TOTAL 41736o7z LESS to PERCENT RETAINED ,�t o . oc ERENCE. DIFFERENCE . • � If • `� 4173b.?� ~0 - - - PLUS 75 PERCENT MATLS ON HAND. . 60( TOTAL • . • • • . . . . • . . 4173b•� LESS PREVIOUS PAYMENTS-—* -_ RUF TW T C EST MA,TE . . 4173+6. ', DIFFERENCE NOTE --RAY LAST. AMOUNT SHOWN - TOTAL 8 I D-4, 43723.49 PERCE�l�w 41 r 3b•7l+ 70 DAYS TOTAL T I MEm- 55 DAYS PERCENT 127.2 y �Y r� C O N T R A C T O R' S E S T I M A T E w r w .... w w - _ �. r. _ r a+ w _ 010 � i EST I'•'ATE {n, t94 c .JOB h0. -- 3-223 PROJECT DESCR IpT I-O" DRAINAGE I ;PROVEMENTS AT BURSEY ROAD n': ,R-- NORTH R I CHLAND HILLS PLACE-- NORTH R I: HLAND HILLS P 1 OF FILE F3222 GATE- '7I/D /ro TI''E CHARGED THRU PERIOD- DAYS CONTRACTOR— .JOE R. STARKS CONST. CO. FOR iNIATER I AL% FURtI SHED AND LABOR PERFORMED IN PERIOD ENDING— g .3 8� !,CORK ORDER DATE— 6/23/80 CALENDAR DAYS-- 55 COMPLETION DATE— 8/16/1 1 PREVIOUS THIS UNIT 1 NO's I TEM DESCRIPTION UNIT ESTIMATE EST I %LATE TOTAL PRICE AMOU,'14T ,��_ w.rww a. w.n.s.ra.w_w ar�ww.rw� •. ..ar rwwwr.�w�.rw.r .. ww �.wr w..�� a. .r�w 1. 42' ' R • C: P • COMPLETE IN -PLACE L. F • 29 STOR Me S%.- L F,jANHOLE L , S • 3•- CL•' A' CONC• HDWL• W/ STEEL L.S• 4. CL'• ' B' CONC • OVERFLOW STRUCT. L • S • 5. CONTRACTORS DELAY COST L.S. 6. DREDGING STOCK POND C. Y • 7. EXCAVATION REMOVAL. C.Y. 8. CL,'B'CONC. SLOPE PROTECTION C•Y• 9• CL•'A'CONC• SPLASH BLOCKS L•S• 0000 631 - L. , F. 631L. F. 42954 26 s8420- v•00 L..S. .100 % 145C•00 1,450.0 0. 00 : L. S. 100 % 1499.00 1.,499.0 0.00 L. S. 100 % 910600 910.00 0000 L. S. 100 % 3000*00 3,000.0 0000 C. Y. C.Y. 3 910 a� 0000 C. Y. 8� -0- 0.75 . �1��° �- 0.00 .C. Y. 26 C.Y. 200.00 5,200.0 0000 L. S. 100 � 200.00 200.E 4 waT� ir'� ivy . d,_.r �s�o oN C�rr��vTo QvA,vT����3' Total amount due 43;0 A? y FIELD VERIFICATION R I F L C A T I 0 O F ..JOB C O N D I T IONS L � I S S 66' �;rMZ O) ell OV eat AND -CONFIRMATION OF PAY QUANTITIES Y (OWNER'S PROJECT REPRESENTATIVE rrww_ww.awa.a.ae rift 0Oft rrNINE �ra.._a� wwr.m. wwar-me ..rrrr. low wwra.ri=-wwwr-w...... -rw...... w.ow.rar.rrmom ..��..rrwv.ndeem �..�cleft wWIN wrww.rwnow MOM .�rw�. w.f.rft-wM.�.0rwcow .ramwN.A.r�wft.rwam. wra APPROVED— TOTAL • • • • see • . • $ s • A3_206,2-.1 KNOWLTON—ENGLISH—FLOWERS, INC. LESS 10 PERCENT RETAINED CONSULTING ENGINEERS DIFFERENCE -0— PLUS 75 PERCENT MAILS ON HAND* low 0- BY— TOTAL _—__w.________w__.m____�_Meese —______ LESS PREVIOUS PAYMENTS 001 DATE19 DIFFERENCE DUE THIS ESTIMIATE . . — mow --sa.r0-.rf....rmom wr_r 0-0 epo.a._M.-. wnow _w NOTE —PAY LAST AMOUNT SHOWN i j 73t* 7 TOTAL EARNINGS NGS ( I NCL • RETAIN.)--$ TOTAL BID--$ 43723 949 PERCENT-- T I CHARGED THRU THIS PERIOD— DAYS TOTAL. TIME— 55 DAYS PERCENT_