HomeMy WebLinkAboutCC 2006-10-09 Agendas
·
·
·
.
A.1
A.2
A.3
A.4
A.5
A.6
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, October 9,2006
6:00 P.M.
Discuss Items from Regular City Council Meeting
I R 2006-1 06 Discussion of McKee Water System (10 minutes)
IR 2006-103 Holiday Lane/Chapman Road/Meadow Road Intersection Study - Update
(10 minutes)
IR 2006-107 Economic Development Activities - Update (10 minutes).
IR 2006-108 Staff Briefing on the Proposal to Initiate a Construction Manager Program
(1 0 minutes)
IR 2006-109 Briefing on Recent Changes to the Library Design (5 minutes)
B.O
EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
B.1
Executive Session: Pursuant to Sec. 551.071, Texas Government Code to Consult with
Attorney about Pending Litigation
Jacobson v. City of North Richland Hills, et al.
C.O Adjournment
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on October 6, 2006 at2 '. ~l ~ fv\ '
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
,
·
.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, October 9,2006
7:00 P.M.
-------------------------------------------------------------------------------------------------------------------------
Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
o Library on the Friday prior to the meeting (available electronically)
o City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
----------------------------------------------------------------------------------------------------------------------------
A.O
· A. 1
A.2
A.3
A.4
Call to Order - Mayor Trevino
Invocation - Councilman Barth
Pledge - Councilman Barth
Special Presentation(s) and Recognition(s)
Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.5 Removal of Item(s) from Consent Agenda
B.O
·
CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of September 25, 2006 City Council Meeting
I
"
B.2 GN 2006-093 Approve Cancellation of November 27,2006 and December 25,2006 City
Council Meetings
.
B.3
FP 2006-12 Consideration of a Request from AP Survey Company on behalf of Perry &
Valerie Roberts to Approve a Final Plat of Lot 1, Block 1; Roberts Estates, (Located in
the 8900 Block of Martin Dr. - 1.996 acres).
B.4 PAY 2006-005 Authorize Payment to Motorola for Radio Maintenance Agreement -
Resolution No. 2006-085
B.5 PU 2006-056 Authorize Contract Extension with Hard Kountry Concrete as primary
contractor and Patco Utilities, Inc. as secondary contractor for the miscellaneous
concrete improvements - Resolution No. 2006-083
B.6 PW 2006-033 Approve City-Developer Agreement with "Venue at Home Town, Ltd." in
the amount of $22,759 for the construction of sanitary sewer as planned in the Grand
Avenue project - Resolution No. 2006-082
C.O PUBLIC HEARINGS
C.1 ZC 2006-03 Public Hearing and Consideration of a Request from B H & L Joint Venture
to Approve a Zoning Change From "C-1" Commercial, "0-1" Office and "R-3" Single
Family Residential to "R-2" Single Family Residential (Located in the 8200 Block of
Davis Blvd. - 23.371 acres). Ordinance No. 2908
.
C.2
RP 2006-12 Public Hearing and Consideration of a Request From Robert and Pat Hunt
to Approve a Replat of Lots 3D & 4A, Block 3, Woodbert Addition to Lot 3R, Block 3,
Woodbert Addition (Located in the 8200 Block of Sayers Ln. - 0.6374 acres).
C.3 ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs. McCarty to
Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family
Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No. 2900.
*This Public Hearing and Consideration was Continued at the September 25, 2006 City
Council Meeting until October 9, 2006.*
D.O PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a Final
Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. -- 1.4
acres). *This Final Plat was Continued at the September 25, 2006 City Council Meeting
until October 9, 2006.*
D.2
RP 2006-10 Consideration of a Request From Smithfield Summit, LP to Approve a
Replat of Lots 15 & 16, Block H and Lot 22, Block J and portions of three unplatted
tracts in the John Barlough Survey to Lot 15R, Block H, Smithfield Addition (Located in
the 8000 Block of Mid Cities Blvd. - 4.996 acres).
.
D.3 SP 2006-10 Consideration of a Request from Smithfield Summit, LP to Approve a Site
Plan for a Retail Center, Lot 15R, Block H, Smithfield Addition (Located in the 8000
Block of Mid Cities Blvd. - 4.996 acres).
E.O PUBLIC WORKS
.
E.1
PW 2006-032 Resolution authorizing the City Manager to execute a Mechanic's Lien
and Deed of Trust for the McKee Water System customers located on Shady Grove
Road and Gifford Lane (North Richland Hills customers) - Resolution No. 2006-081
E.2 PW 2006-034 Approve Resolution endorsing concept of Local Option Funding of Public
Transit by exempting an amount to the Locally Authorized Transit Sales Tax from the
20/0 Local Sales Tax Cap - Resolution No. 2006-087
F.O GENERAL ITEMS
F.1 PU 2006-057 Award of Contract to Steele & Freeman, Inc. in the Amount of $7,587,546
for the Construction of the New Library - Resolution No. 2006-084
F.2 GN 2006-092 Authorize the City Manager to obtain Additional Services from BRW
Architects in the amount of $72,000 - Resolution No. 2006-086.
F.3
F.4
F.5
. F.6
GN 2006-094 Approve Construction Management Program - Resolution No. 2006-088
Action on Any Item Discussed in Executive Session Listed on Work Session Agenda
INFORMATION AND REPORTS - Councilman David Whitson
Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on October 6,2006 at '7 '.~\~M. ~ '. c!o l
_,Qfj~ oklo
i City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
.
.
A.1
A.2
A.3
A.4
A.5
A.6
. B.O
B.1
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, October 9,2006
6:00 P.M.
Discuss Items from Reqular City Council Meetinq
IR 2006-106 Discussion of McKee Water System (10 minutes)
IR 2006-103 Holiday Lane/Chapman Road/Meadow Road Intersection Study-
Update (10 minutes)
IR 2006-107 Economic Development Activities - Update (10 minutes).
IR 2006-108 Staff Briefinq on the Proposal to Initiate a Construction Manaqer
Proqram (1 0 minutes)
IR 2006-109 Briefinq on Recent Chanqes to the Library Desiqn (5 minutes)
EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the followinq as authorized by Chapter 551. Texas
Government Code
Executive Session: Pursuant to Sec. 551.071. Texas Government Code to
Consult with Attorney about Pendinq Litiqation
Jacobson v. City of North Richland Hills, et al.
c.O Adiournment
.
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No.A.1
Subject: Discuss Items from Regular City Council Meeting
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-106
Date: October 9, 2006
Subject: Discussion of McKee Water System
Council has been briefed previously concerning the McKee Water System and its
impact on some North Richland Hills residents. During the October 9, 2006 Council
Meeting, Council will be asked (Agenda Item E.1) to approve a resolution providing a
"payment plan" option to connect to the City's water system for the McKee customers
that live in North Richland Hills. Specific options will be addressed during the
consideration of that particular agenda item. However, because of the number of
meetings that staff has had with some of the residents and the number of events that
have occurred since June 2006, staff believed a Work Session item bringing Council
up-to-date would be beneficial.
During the October 9, 2006 Work Session staff will provide a presentation updating
Council. This item will only be a summary of the events that have taken place to date.
Since Agenda Item E.1 will be discussed during the regular Council Meeting, staff and
Council will be limited in the amount of detail that can be discussed during the Work
Session.
Respectfully Submitted,
Mike Curtis
Public Works Director
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS --
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-103
Date:
October 9,2006
Subject:
Holiday Lane/Chapman Road/Meadow Road Intersection
Study - Update
This project consists of constructing traffic signals at the intersections of Holiday
Lane/Chapman Road and Meadow Road/Chapman Road. An offset 2-way stop sign
currently exists at this intersection. Delay times are becoming significant at these 2
intersections during peak times. The project will also consist ot reconstructing the
Meadow Road/Chapman Road intersection so that it will accommodate a left and right
turn bay for traffic on Meadow Road. The project was approved by voters in the 2003
Bond Program.
An engineering agreement was approved by Council on March 27, 2006 with Neel-
Schaffer, Inc. The first phase of the agreement was to study the feasibility of extending
and realigning Holiday Lane so that the offset intersection could be eliminated. The
study is now complete and staff is ready to update Council on the study results.
Staff and the engineering consultant will provide a short presentation to Council during
the Work Session. The results ot the study are summarized below.
· The cost to extend and realign Holiday Lane (including right-ot-way cost) is
approximately $1,000,000. The cost to construct the traffic signals and minor
street modifications as approved in the Capital Projects Budget is approximately
$300,000.
· The property owners that were surveyed are against the extension and
realignment of Holiday Lane because ot the negative impact it will have on their
property.
· Staffs recommendation will be to construct the project with the offset traffic
signals as outlined in the Capital Projects Budget.
As mentioned above, staff will provide a presentation to Council outlining the results of
the study and will be available to address any questions or concerns.
Respectfully submitted,
Mike Curtis
Public Works Director
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-107
Date: October 9, 2006
Subject: Economic Development Activities - Update
Respectfully Submitted,
The Economic Development Department is fully staffed and ready to present an
update to the City Council as to some of our strategies and ideas. This update will
keep the City Council informed regarding major development projects, high profile
business openings and closings, as well as the ongoing programs of the department.
Topics to be covered will include:
· The recent Business Appreciation Luncheon survey;
· The Economic Development Advisory Board meeting;
· The 100 Best Places marketing push;
· The NRH UpClose program on Citicable and online; and
· A general business update.
. Respectfully submitted,
Thad Chambers
Director of Economic Development
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
.
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-108
Date: October 9, 2006
Subject: Staff Briefing on the Proposal to Initiate a Construction Manager
Program
Staff will brief the City Council on a proposed new program to create a new
position entitled "Construction Manager". The purpose of the new position will be
to oversee all aspects of significant capital construction projects from initial
concept planning stages to procurement of construction, reviewing bids and
contract negotiation. The position will interface with internal and external capital
construction team members ensuring total contract compliance with all criteria
and reaching all performance specifications, including quantitative cost savings.
The first, and most immediate project that is in need of a construction manager is
the new Library. A project of this size and budget will require significant time and
expertise to manage and oversee the project protecting the City's interests.
Currently there is not any staff member fully qualified or having ample time to
dedicate to such a project.
With other projects about to begin such as the Fire Training Facility, modifications
to the City Hall Pre-Council Chambers, and future projects such as the new
Recreation Center, potential Renovation of the Food Lion Building, City Hall, etc.
the need to hire someone will become even more essential. In providing these
needed services at least two opportunities exist. Consultants could be hired on a
per project basis, typically done for a percentage of the project costs, or hiring an
in-house person capable of movement from project to project depending on the
needs of the City. Costs for each of these services will not be significantly
different; however, the benefits to having a staff member on board cannot be
understated.
The proposal is to hire an individual with a minimum of a Bachelor's degree in
Construction Management, Architecture, Engineering or a related field, and
having some years of experience in construction or construction management. It
is anticipated that the total annual costs for salary, supplies, and related expenses
for providing such a program will not exceed $95,000 annually. These costs will
be allocated proportionately among the various projects that are assigned to the
position.
Respectfully Submitted,
Richard Torres
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS _
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-109
Date: October 9, 2006
Subject: Briefing on Recent Changes to the Library Design (5 minutes)
During this presentation representatives from Brown Reynolds Watford Architects Inc.
and Steele & Freeman, Inc. will be present to explain and answer any questions the
City Council might have in relation to recent changes in the library design including:
additional square footage, foundations, etc. This item has been added in advance of
the anticipated action of awarding the bid to the general contracting firm Steele &
Freeman, Inc.
Respectfully Submitted,
Richard Torres
Assistant City Manager
--- ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
CITY OF
NORTH RICH LAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 10-9-2006
Agenda No.B.O
Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas Government
Code
.
.
CITY OF
NORTH RICH LAND HILLS
.
Department: City Secretary
Presented by: George Staples
Council Meeting Date: 10-9-2006
Agenda No.B.1
Subject: Executive Session: Pursuant to Sec. 551.071, Texas Government Code to
Consult with Attorney about Pending Litigation
Jacobson v. City of North Richland Hills, et al.
.
.
.
.
.
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No.C.O
.
.
.
A.O
A.1
A.2
A.3
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, October 9, 2006
7:00 P.M.
Call to Order - Mayor Trevino
Invocation - Councilman Barth
Pledqe - Councilman Barth
Special Presentation(s) and Recoqnition(s)
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.5 Removal of Item(s) from Consent Aqenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of September 25. 2006 City Council Meetinq
B.2 GN 2006-093 Approve Cancellation of November 27.2006 and December 25.
2006 City Council Meetinqs
B.3 FP 2006-12 Consideration of a Request from AP Survey Company on behalf of
Perry & Valerie Roberts to Approve a Final Plat of Lot 1. Block 1: Roberts
Estates. (Located in the 8900 Block of Martin Dr. - 1.996 acres).
B.4 PAY 2006-005 Authorize Payment to Motorola for Radio Maintenance
Aqreement - Resolution No. 2006-085
·
·
·
8.5 PU 2006-056 Authorize Contract Extension with Hard Kountry Concrete as
primary contractor and Patco Utilities. Inc. as secondary contractor for the
miscellaneous concrete improvements - Resolution No. 2006-083
8.6 PW 2006-033 Approve City-Developer Aqreement with "Venue at Home Town.
Ltd." in the amount of $22.759 for the construction of sanitary sewer as planned
in the Grand Avenue proiect - Resolution No. 2006-082
C.O PUBLIC HEARINGS
C.1 ZC 2006-03 Public Hearinq and Consideration of a Request from B H & L Joint
Venture to Approve a Zoninq Chanqe From "C-1" Commercial. "0-1" Office and
"R-3" Sinqle Family Residential to "R-2" Sinqle Familv Residential (Located in the
8200 Block of Davis Blvd. - 23.371 acres). Ordinance No. 2908
C.2 RP 2006-12 Public Hearinq and Consideration of a Request From Robert and
Pat Hunt to Approve a Replat of Lots 3D & 4A. Block 3. Woodbert Addition to Lot
3R. Block 3. Woodbert Addition (Located in the 8200 Block of Savers Ln. -
0.6374 acres).
C.3 ZC 2006-11 Public Hearinq and Consideration of a Request from Mr. & Mrs.
McCarty to Approve a Zoninq Chanqe from "AG" Aqricultural to "R-1-S" Special
Sinqle Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres).
Ordinance No. 2900. *This Public Hearinq and Consideration was Continued at
the September 25. 2006 City Council Meetinq until October 9. 2006.*
0.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
0.1 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a
Final Plat of Lot 1. Block 1. McCarty Addition (Located in the 7400 Block of Eden
Rd. -- 1.4 acres). *This Final Plat was Continued at the September 25.2006 City
Council Meetinq until October 9. 2006.*
D.2 RP 2006-10 Consideration of a Request From Smithfield Summit. LP to Approve
a Replat of Lots 15 & 16. Block H and Lot 22. Block J and portions of three
unplatted tracts in the John Barlouqh Survey to Lot 15R. Block H. Smithfield
Addition (Located in the 8000 Block of Mid Cities Blvd. - 4.996 acres).
0.3 SP 2006-10 Consideration of a Request from Smithfield Summit. LP to Approve
a Site Plan for a Retail Center. Lot 15R. Block H. Smithfield Addition (Located in
the 8000 Block of Mid Cities Blvd. - 4.996 acres).
E.O PUBLIC WORKS
.
E.1 PW 2006-032 Resolution authorizinq the City Manaqer to execute a Mechanic's
Lien and Deed of Trust for the McKee Water System customers located on
Shady Grove Road and Gifford Lane (North Richland Hills customers) -
Resolution No. 2006-081
E.2 PW 2006-034 Approve Resolution endorsina concept of Local Option Fundinq of
Public Transit bv exemptinq an amount to the Locallv Authorized Transit Sales
Tax from the 2% Local Sales Tax Cap - Resolution No. 2006-087
F.D
F.1
F.2
F.3
F.4
. F.5
F.6
.
GENERAL rTEMS
PU 2006-057 Award of Contract to Steele & Freeman. Inc. in the Amount of
$7.587.546 for the Construction of the New Librarv - Resolution No. 2006-084
GN 2006-092 Authorize the City Manaqer to obtain Additional Services from
BRW Architects in the amount of $72.000 - Resolution No. 2006-086.
GN 2006-094 Approve Construction Manaaement Proaram - Resolution No.
2006-088
Action on Anv Item Discussed in Executive Session Listed on Work Session
Aaenda
INFORMATION AND REPORTS - Councilman David Whitson
Adjournment
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No. A.O
Subject: Call to Order - Mayor Trevino
CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 10-9-2006
Presented by: Agenda No. A.1
Subject: Invocation - Councilman Barth
.
.
·
·
·
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presente~ by:
Subject: Pledge - Councilman Barth
Council Meeting Date: 10-9-2006
Agenda No. A.2
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Special Presentation(s) and Recognition(s)
Council Meeting Date: 10-9-2006
Agenda No. A.3
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 10-9-2006
Agenda No. A.4
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 10-9-2006
Presented by: Agenda No. A.5
Subject: Removal of Item(s) from Consent Agenda
.
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 10-9-2006
Agenda No. B.O
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 10-9-2006
Agenda No. B.1
Subject: Approval of Minutes of September 25, 2006 City Council Meeting
Recommendation:
To approve the minutes of September 25, 2006 City Council Meeting.
.
.
.
.
e
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS,
HELD IN THE CITY HAll, 7301 NORTHEAST
lOOP 820 - SEPTEMBER 25,2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
25th day of September, 2006 at 6:00 p.m. in the Council Work Room prior to the 7:00
p.m. regular Council meeting.
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
, Mike Curtis
JoAnn Stout
Thad Chambers
Andy Jones
Eric Wilhite
Vickie Lottice
Steve Brown
Thomas Powell
Richard Abernethy
Bryant Harvey
Call to Order
Mayor
Mayor Pro Tem, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Director of Neighborhood Services
Director of Economic Development
Fire Chief
Chief Planner
Director of Parks and Recreation
Director of NRH Library
Director of Support Services
Assistant to the City Manager
Telecommunications Analyst
Mayor Trevino called the work session to order at 6:00 p.m.
.
A.O Discuss Items from Reaular City Council Meetina
None.
A.2 IR 2006-100 Substandard Buildina Abatement Ucdate
JoAnn Stout, Director of Neighborhood Services, gave a PowerPoint presentation. She
updated Council on some of the cases that the code officers have worked either by
gaining voluntary compliance by the homeowner or by gaining enforced compliance
through the Substandard Building Board process.
It is anticipated that the numbers will increase significantly as the code officers identify
more substandard structures through the Neighborhood LOOKS, Program and begin
addressing these situations. Substandard structures will be addressed through the
Neighborhood Initiative Program, or if they qualify, through the Community
Development Block Grant (CDBG) process. Properties taken to the Substandard
Building Board is our last resort in gaining compliance of an unsafe, unhealthy
environment. Our objective is to encourage property owners to bring their properties up
to a good, safe condition and to keep them in such condition to protect our residential
neighborhoods so that they can continue to be viable and desirable for our residents.
.
A.3 IR 2006-102 Briefina bv BRW Architects on Uccomina Award of Contract and
Octions for the Construction of the New Librarv
Richard Torres, Assistant City Manager, introduced Gary Dupree with BRW (Brown
Reynolds Watford Architects). Mr. Dupree presented a PowerPoint presentation and
updated the City Council on the status of the upcoming construction of the new Library.
After the presentation, Mr. Torres requested that Council provide direction as to which
options they wished to pursue so that staff could negotiate with the contractor and be
prepared to bring the contract to the October 9th meeting for consideration.
All were for going forward with the plans for the additional shell space, the emergency
generator and additional architectural/engineering fees. Council will make a decision on
the use of the remaining funds after BRW puts together additional costs for other
enhancements.
A.4 IR 2006-104 Discuss Schedulina of November 27 and December 25.2006 Cit'i
Council Meetinas
Patricia Hutson, City Secretary, presented the item. The second Council meeting in
November falls close to the Thanksgiving holidays and the second meeting in
December is on Christmas Day. In the past when Council meetings have fallen on or
close to a holiday, Council has ·opted to cancel the meetings and directed staff to notify
Council if any significant issues arise warranting a special meeting. A survey has been
.
.
.
.
conducted with all departments to determine if there are any significant issues
scheduled to be brought before Council on the second meeting dates in November and
December. The directors responded that they knew of no known issues scheduled for
the meetings or of any upcoming items that would be impacted by a change in the
council meeting schedule. Should Council desire, the two meetings can be cancelled
and if there is unexpected business that cannot be handled at the remaining meetings,
a special meeting can be scheduled. Staff is requesting Council direction on the
scheduling of the November 27th and December 25th City Council meetings.
Council opted to cancel meetings at this point and if needed would handle it
accordingly.
B.1 Executive Session:
Mayor Trevino announced at 6:33 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code to discuss the
following: a) Pending Litigation Authorized by Section 551.071, to consult with attorney
regarding Davis v. NRH, et al.; Jacobson v. City of North Richland Hills, et al.; Friend v.
City of North Richland Hills, et al.; Rodgers ·v. City of North Richland Hills; and Del Rio
v. City of North Richland Hills; b) Deliberations Authorized by Section 551.087, to
discuss Economic Development Negotiations regarding South Grapevine Highway
Area.
C.o Adiournment
Mayor Trevino announced at 6:58 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order September 25, 2006 at 7:05 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Mayor
Mayor Pro Tern, Cou,ncil Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 5
.
.
.
Scott Turnage
Tim Welch
Council, Place 6
Council, Place 7
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
A.1
INVOCATION
Councilwoman Compton gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilwoman Compton led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
None.
A.4
CITIZENS PRESENTATION
Mayor Pro Tem Lewis stated there were two requests to speak this evening. He called
for Marvin Kinchen to speak first. Marvin Kinchen, 8421 Gifford Lane, came forward.
He read a letter he had written - I am a 79 year old disabled veteran of Word War II and
the Korean War. In 1980, I bought property on Gifford Lane and have lived there for 26
years. For the past several years, I have been unable to work and have been on
constant life support and dialysis since October of last year. My total monthly income is
$835.00 and that consists of $631.00 from social security and $204.00 from the VA.
Food, medication, utilities, and insurance leave me struggling to make ends meet. I
have no idea how I can afford the amount to obtain a hookup to the new waterline that
the city has put in and so I am asking for some consideration such as the easement I
signed that a sum amount to be allowed on the thousands of dollars for the hookup.
.
.
.
Mayor Trevino asked Larry Cunningham, City Manager to have someone look into the
problem and see what the city could do to help Mr. Kinchen.
Mayor Pro Tem Lewis called on Laverne Q'Steen to come forward. Laverne Q'Steen,
8429 Emerald Circle, presented a picture of a crumbling retaining wall in her
subdivision. She expressed that her numerous presentations she has requested
nothing and has complained about nothing. She is presenting facts, documents and
pictures. She stated that after her presentation the City Attorney, George Staples, kept
referring to Emerald Hills Lake in his comments to her and refers to an organization, she
does not know.
Mayor Trevino asked Ms. Q'Steen at your last presentation you asked the council to
help you repair the wall and handed out a bid for one plus million dollars. Ms. Q'Steen
commented she was not asking for anything. Mayor Trevino apologized for the
misunderstanding and called on Mr. Staples.
George Staples, City Attorney, stated that Ms. Q'Steen has presented nothing new in
this latest attempt to get the city to expend tax dollars to reconstruct the lake and wall
which she and the other members of Emerald Lakes Homeowners Association own.
The lake and wall are on private prope~y owned by Ms. Q'Steen's Homeowner's
Association. The city has no legal responsibility for them. They were constructed by a
private developer with proper permits from FEMA, as Ms. Q'Steen has been repeatedly
informed. The responsibility for their maintenance is solely that of those private
property owners. When Ms. Q'Steen purchased her house, she, like the other owners
in the subdivision became responsible for the maintenance and repair of these common
properties.
If private property owners fail to maintain their property, they may suffer consequences.
It is not the function of government in this country to assume the obligations of private
property owners. Ms. Q'Steen has the right to appear, as she has, at every city council
meeting to attempt to persuade the council to expend millions of dollars of tax money for
this private purpose. As I have advised you repeatedly, however, it is not lawful to use
public funds to meet the obligations of a private property owner. This advice will be the
same without regard to the number of times Ms. Q'Steen appears.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT A'GENDA
None.
8.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
·
·
·
B.1 APPROVAL OF MINUTES OF SEPTEMBER 11, 2006 CITY COUNCIL
MEETING
B.2 PU 2006-054 AUTHORIZE CONTRACT EXTENSION WITH ATLAS UTILITY
SUPPLY COMPANY THROUGH APRIL 20, 2007 FOR WATER METERS AND
TELEMETRIC DEVICES - RESOLUTION NO. 2006-077
B.3 GN 2006-086 RENEWAL OF GENERAL PARKS MOWING CONTRACT WITH
VMC LANDSCAPE SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD, IN
THE AMOUNT OF $174,505 - RESOLUTION NO. 2006-079
B.4 GN 2006-087 AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH MOTOROLA TO MANAGE THE TRANSITION OF THE
MOBILE DATA RADIO SYSTEM AS MANDATED BY FEDERAL
COMMUNICATIONS COMMISSION - RESOLUTION NO. 2006-080
COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC HEARINGS
C.1
ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MR.
& MRS. MCCARTY TO APPROVE A ZONING CHANGE FROM "AG"
AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED
IN THE 7400 BLOCK OF EDEN RD. -- 1.4 ACRES). ORDINANCE NO. 2900. *THIS
PUBLIC HEARING AND CONSIDERATION WAS CONTINUED AT THE SEPTEMBER
11, 2006 CITY COUNCIL MEETING UNTIL SEPTEMBER 25, 2006.*
CONTINUE TO OCTOBER 9. 2006
Mayor Trevino advised the public hearing was still open from the September 11 th City
Council Meeting and read a letter submitted by the applicant requesting the City Council
to continue items C.1 (ZC 2006-11) and D.1 (FP 2006-11) until the next City Council
Meeting, set for October 9, 2006. The applicant's purpose was to appeal the City
Engineers determination of "rough proportionality" relative to sanitary sewer
improvements.
COUNCILMAN SAPP MOVED TO CONTINUE ZC 2006-11 TO THE OCTOBER 9, 2006 CITY
COUNCIL MEETING. MAYOR PRO TEM LEWIS SECONDED THE MOTION.
MOTION TO CONTINUE THE PUBLIC HEARING ON ZC 2006-11 CARRIED 7-0.
.
.
.
PLANNING & DEVELOPMENT
D.1
FP 2006-11 CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO
APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, MCCARTY ADDITION (LOCATED
IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES). *THIS FINAL PLAT WAS
CONTINUED AT THE SEPTEMBER 11, 2006 CITY COUNCIL MEETING UNTIL
SEPTEMBER 25, 2006.*
CONTINUE TO OCTOBER 9, 2006
Mayor Trevino stated this was the same applicant and letter from the previous case.
The Mayor again read the letter that the applicant was requesting that the City Council
continue item D.1 (FP 2006-11) and waive the 30 day deadline of approval for this plat
until the next City Council Meeting, October 9, 2006.
COUNCILMAN TURNAGE MOVED TO CONTINUE FP 2006-11 TO THE OCTOBER 9, 2006 CITY
COUNCIL MEETING AND GRANTING THE APPLICANT'S REQUEST TO WAIVE THE 30 DAY DEADLINE
FOR PLAT APPROVAL. COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO CONTINUE FP 2006-11 CARRIED 7-0.
PUBLIC WORKS
E.1
NO ITEMS FOR THIS CATEGORY.
None.
GENERAL ITEMS
F.1
PU 2006-055 APPROVE A CONTRACT WITH MODERN CONTRACTORS, INC. FOR
THE CONSTRUCTION OF A LIVE FIRE TRAINING FACILITY IN THE AMOUNT OF
$705,500 - RESOLUTION NO. 2006-078 AND REVISE THE 2005/2006 CAPITAL
PROJECTS BUDGET
Larry Koonce, Director of Finance, presented the item. On April 24, 2006 City Council
awarded a contract to Larrison Construction Texas to construct the Live Fire Training
Facility. At the August 4th and 5th Budget Workshop, Council was informed that
·
Larrison might not be able to obtain a performance bond for the project. In fact since
this time staff has learned that Larrison was not been able to secure a bond. Due to
this, the City Attorney has informed Larrison that the City declines to contract with them.
As a result, the project evaluation committee comprised of Richard Torres, Assistant
City Manager; Larry Koonce, Director of Finance; Andy Jones, Fire Chief; Kirk Marcum,
Assistant Fire Chief; Thomas Powell, Director of Support Services; and Ken Raney,
Project Manager met to consider options. The committee evaluated different options
and decided to negotiate with the second best proposer, Modern Contractors, Inc.,
before deciding whether to request proposals again. The goals of the committee were
to preserve the integrity of the project and stay within budget if possible. Before making
a final decision the committee wanted to meet with Modern one more time to see if the
project cost could be reduced. Modern was able to reduce the cost by an additional
$10,000. The final negotiated price is $705,500. This includes an owners contingency
of $15,000. The additional funds of $24,381 necessary to award this contract are
available in pay-as-you-go reserves. The revised budget for this project will be
$744,381, an increase of $24,381 from the original budget. In addition, the project
construction start date has been delayed from May 2006 to November 2006 due to the
change in contractors
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION 2006-078. COUNCILMAN WELCH
SECONDED THE MOTION.
· MOTION TO APPROVE CARRIED 7-0.
F.2
GN 2006-088 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE
NO.1 (TIF #1) AND APPOINTMENT OF CHAIR
APPROVED
Patricia Huston, City Secretary, presented the item. The Bylaws of Reinvestment Zone
Number One state that the Board is to consist of nine directors:
5 appointed by the City Council
1 appointed by the governing body of Birdville Independent School District
1 appointed by the governing body of Tarrant County College District
1 appointed by the Tarrant County Hospital District
1 appointed by the governing body of Tarrant County.
·
The directors are to serve two-year terms of office. The five Council Members serving
on Reinvestment Zone No. 1 terms of office expire in October. The City Council is
being requested to make five appointments to the Board. The members whose terms
will expire are Mayor Trevino, Mayor Pro Tern Lewis, Councilman Welch, Councilman
Turnage and Councilman Whitson. Initially when the Reinvestment Zone was created,
David Medanich (City's Financial Advisor with First Southwest Company) recommended
.
.
.
that the City's Board Members include elected officials to the City. Council also elected
to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the
exception of the one extra Council member on Reinvestment Zone No.2. The next
agenda item is to consider the appointments to Reinvestment Zone No.2.
The Bylaws also state that the Council shall appoint a Chair annually. The other officers
consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at
their next meeting. After the appointment of the five directors, Council is requested to
appoint the Chair.
COUNCILWOMAN COMPTON MOVED TO REAPPOINT MAYOR TREVINO, MAYOR PRO TEM LEWIS,
COUNCILMAN WELCH, COUNCILMAN TURNAGE AND COUNCILMAN WHITSON WITH MAYOR
TREVINO SERVING AS THE CHAIR. COUNCILMAN SAPP SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-1; COUNCILMAN BARTH VOTING AGAINST.
F.3
GN 2006-089 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE
NO.2 (TIF #2) AND APPOINTMENT OF CHAIR
APPROVED
Patricia Huston, City Secretary, presented the item. The Bylaws of Reinvestment Zone
Number Two state that the Board is to consist of nine directors:
6 appointed by the City Council
1 appointed by the governing body of Tarrant County College District
1 appointed by the Tarrant County Hospital District
1 appointed by the governing body of Tarrant County.
The directors are to serve two-year terms of office. The terms of office for the six
Council Members serving on Reinvestment Zone No. 2 expire in October. The City
Council is being requested to make six appointments to the Board. The Council
Members whose terms will expire are Mayor Trevino, Mayor Pro Tem Lewis,
Councilwoman Compton, Councilman Whitson, Councilman Turnage and Councilman
Welch. Initially when the Reinvestment Zone was created, David Medanich (City's
Financial Advisory with First Southwest Company) recommended that the City's Board
Members include elected officials of the City. Council also elected to appoint the same
Council Members to Reinvestment Zones No. 1 and No.2 with the exception of the one
extra Council Member on Reinvestment Zone No.2. Council will also be considering
appointments to Reinvestment Zone No.1 in the previous agenda item.
The Bylaws also state that the Council shall appoint a Chair annually. The other officers
consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at
their next meeting. After the appointment of the six directors, Council is requested to
appoint the Chair.
.
.
.
COUNCILMAN SAPP MOVED TO APPROVE THE REAPPOINTMENT OF THE EXSISTING
BOARDMEMBERS AND CHAIR. COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.4
GN 2006-090 APPOINT MEMBERS OF THE YOUTH ADVISORY COMMITTEE
APPROVED
Richard Abernethy, Assistant to the City Manager, presented the item. The Youth
Advisory Committee (Y AC) By-Laws specify that 10 members are to be appointed for a
two-year term and 6 members are be appointed for a one-year term for a total of 16
members. The Youth Advisory Committee recommends appointing the following new
member:
. Taylor Burroughs, Birdville High School, 1 year-term
These appointments are in accordance with the Youth Advisory Committee By-Laws.
COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2006-090. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.5
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
None.
F.6
INFORMATION AND REPORTS
Councilman Sapp made the following announcements.
The City of North Richland Hills will join History Maker Homes at 10:00 a.m. on
Thursday, September 28th, for a ribbon cutting at their new company headquarters
located at 9001 Airport Freeway. For more information, please call the Economic
Development Department at 817-427-6090.
.
The North Richland Hills Fire Department will host an open house from 10:00 a.m. to
2:00 p.m. on Saturday, October 7th, at the Fire Administration Building, 7202 Dick
Fisher Drive North. Visitors will see live demonstrations and learn about the many
important services provided by the Fire Department. For more information, please call
817 -427 -6905.
Join us for live music under the stars at the Autumn Night Music Concert Series. The
series begins Saturday, October 7th, with the western swing group Coyboys & Indians.
On Saturday, October 14th, the Beatles tribute band Me & My Money will perform. .Both
concerts are free and will begin at 7 p.m. at Kay Granger Park at Mullendore
Elementary School. For more details, please call 817-427-6600.
Kudos Korner - Penny Peterson and the Inspection Staff, Planning and
Development Department. A call was received from a local business owner who was
extremely complimentary of Penny and the inspection staff. He indicated that everyone
he had contact with was cooperative, helpful and understood the need to get permits
processed in a timely fashion.
F.7
ADJOURNMENT
. Mayor Trevino adjourned the meeting at 7:34 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 10-9-2006
Agenda No. B.2
Subject: GN 2006-093 Approve Cancellation of November 27, 2006 and December 25,
2006 City Council Meetings
At the September 25, 2006 Council Work Session Council discussed canceling the
November 27 and December 25 Council meetings due to the Thanksgiving and
Christmas holidays. The consensus of the Council was to cancel the two meetings and
shoulq there be unexpected business that cannot be handled at the remaining meetings
in November and December, consideration will be given to calling a special meeting.
Recommendation:
To cancel the November 27,2006 and December 25,2006 City Council meetings.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No. B.3
Subject: FP 2006-12 Consideration of a Request from AP Survey Company on behalf
of Perry & Valerie Roberts to Approve a Final Plat of Lot 1, Block 1; Roberts Estates,
(Located in the 8900 Block of Martin Dr. - 1.996 acres).
Case Summary: The applicant is requesting plat approval of this plat in order to
construct a new single family residence. An older wood framed structure currently exists
on the site. This structure will be removed when the new residential structure is built
(see attached letter from applicant).
Current Zoning: A rezoning of the property was recently approved (ZC 2006-08)
making the property "R-1-S" (special single-family residential).
Thoroughfare Plan: The subject property has frontage on Martin Drive, a 2 lane
undivided collector street (C2U) with 50' ROW.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The proposed plat is consistent with this depiction.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with Subdivision Ordinances and is consistent with the
preliminary plat.
Vested Rights:
August23,2006
Rough Proportionality Determination: The City's Engineer has determined that no
additional public infrastructure is needed to provide service to this lot.
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, September 21,2006 and recommended 4-0 to approve.
Staff Recommendation/Rough Proportionality Determination: To Uphold
recommendation of Planning and Zoning commission to Approve FP 2006-12. The
City's Engineer has determined that no additional public infrastructure is needed to
provide service to this lot.
Review Schedule:
Application: 8/14/06 Final Hearing: 10/9/6
Total Review Time: 7 weeks
.
Location Map
(
r'"
mnT\ \
ti-r ·····_-~--+--t-r. ~
- I I I \
I í '
~ I I ¡ \
I
.4.
.
MID-CITIES BLVD
¡----
NI~H
FP 2006-12
Final Plat
Roberts Estates, Lot 1, Block 1
8900 Block of Martin Dr.
N
A
Prepared by Planning 8/22/06
ILfL.J
o 125 250
I
500
I I Feet
750 1,000
.
.
Public Works Sign Off Letter
NRH
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Carolyn Huggins, Planning Coordinator
FROM:
Caroline Waggoner: P.E., Engineer Associate
SUBJECT: Roberts Addition; Block 1, Lot 1
Final Plat; FP 2006-12
DATE:
August 22, 2006
F ¡"at Plat
On August 22, 2006, the Public Works Department determined that the Final Plat for Roberts
Addition (FP 2006-10) dated March 23, 2006 and submitted to this department on August 16.
2006, met the requirements of the Public Works Department in accordance with Chapter 110
of the City Code.
.
Public Infrastructure Construction Plans
The Public Works Department has determined that no public infrastructure construction plans
are required for the Roberts Additjon: Block 1, Lot 1.
Rouah Proportionality
No additiona' paving, water. sanitary sewer, or drainage facilities are needed to provide service
to th is lot.
The above determination of proportionality is made pursuant to Section 212.904. Texas Local
Government Code by the undersigned professional engineer in the empioy of the City of North
Richland Hills, licensed by the State of Texas.
~ .n
~~.LJVI~~
CLW/pwm2006-173
cc: Gregory Van Nieuwenhuize, P. E., Public Works Assistant Director
.
.
.
.
Excerpt from Planning & Zoning Commission Minutes on September 21, 2006
FP 2006-12
CONSIDERATION OF A REQUEST FROM AP SURVEY COMPANY ON BEHALF OF
PERRY & VALERIE ROBERTS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1;
ROBERTS ESTATES, (LOCATED IN THE 8900 BLOCK OF MARTIN DR. - 1.996
ACRES).
APPROVED
Eric Wilhite presented FP 2006-12. Mr. Wilhite stated that this is a final plat for a 1.9
acre tract of land. It recently went through a zoning change request to "R-1-S" Special
Single-Family Residential. It meets all the district development criteria. The City's
engineer has determined that there is no additional public infrastructure needed and
therefore no local proportionality included with this plat. Staff has reviewed it for
conformance with subdivision rules and regulations and recommends approval.
Bill Schopper, seconded by Brenda Cole, motioned to approve FP 2006-12. The
motion carried unanimously (4-0).
.
.
.
j!~t ;J d !if~ I-~ ~~I H I
J111 ,I .:,:. ,:! 1 I ~ · 3 '
'!tij t! ~'I !!r if ill i, II' . I II ~ JI ~
"j. -. . II~. I ¡" II II I I U I
II.I! :¡I 11 1:1 IJ Iji If! ~~ ili· II II'
~ filii '~J ì, !~J :~ ill ¡. i 11 1:~ ~ p. !j:
~ )1' JI! Jf If)' h J ,I I, '¡ I "1' t I t~.
Q ~III ' I I¡ I' 't ,JI '11, z t' 'I h "1
1'1, ii, II (III II ri I I' I ~ Ii -I} 1 It IJ I
~ ,~(II HI ., ~!¡ j 1;: 1, I ;~: ~~ ~J :~: I ;11)
§ ~iJf. J:¡! !! !¡;I !J: !II~ ~.Iil f.: ~ fffli ; t I !II E I ¡Ii t ~II
i titJ J!I Ii ,;¡~ It I HI ~~ f..! I ! i i ~ ~ f! I t I ~II
_ !p,j :i¡ ~ ¡!!I ¡: î¡í ¡;! ¡\ ! S:¡ : . !i II~i ¡ ~ f 'II I I III I
!I 1)'- ~h õl ·nl ·H I'! .:1 d i ~I't I . ~I ¡Ilr ,! ~ ~ II!: !I ~ r¡1~ lafi~
8~ 'I J" J. II! )'1 III I!! ,. ¡ ~ I' t· , ~.,. · II.
d f~I~J IH ul t.~1 I;! i~l I~~ If ¡ ¡It i Êi :;,a! r JI~ ! ~: ¡:·I
i . i ¡ i, t n 1.1r
. ca .:t,~_ T l-
J -\D) I 0-
r'~~~ll-i!J ~
\,~ ð
,~:\ g
! ~ a__ \)
_z--\¡
J' !
! ¡ I ,I I
~'i i
jf~! J I
!J If S f
I I' ~
1,111 ~ ~J
; I. I
I ,~
~ Ij
IfUl ~
~ :Hi ~
~il d f I
... 11t,
ê {~1f ~!
f.1 t, 1..
d'S
f'U
I! J~j j
¡~ Hil I
!z
1.1
jf; I I
It I ,~I
..1 f j
fi1' I r I'
!! .f I I
..
;e
.c
><
W
..
~
D..
Cã
c
ü:
-- ~~$ ¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡
~:
: ìl
, ~'
~ I 0
~
~~ ~I
Q ~ ~I ~ ~
~ : :.~ . II~~
!ë ~ ~ J ~i" ! ~ ~~
~l~~ ~
~ .~~ f 111 ' I :~i~~
· .~ 3:~ .,,~)tf =: ~ - = ~ :: = ?~-= ~:;...~,-"'T = = ---= = = ~ f ~1 t L ---
( r--C t I :1 ~
i ~I : s : _ ~ ~ ~ í~ ~ aæ '" '
f E, ~ 'i I Sljl ~ 'F ~ !
II ð!S ~ ¡ ~ ' PIli ;t II I
~,;¡ -¡ 'I il¡ r !
\ tiL -- - - '--0-_--- -_,=-L~ ¡ ¡
~ -----~;---Al.tf;.~Jõ;=-=--~--·~ ~.t----
I ~~ ':
~~ Q I
_ _ 8~ ~ ~
--- ~§i:g I ~¡
§J ~ ~~
.
J II
i ~
I
i
; ~
¡ ~
i
~
~i
~ g, I I
~ t;~ I!
~i~!U·1
0...1~~ ~~; II
~ ...: ~ t ~I I
~ ...~a~
Lc.; .3 ~ fI) ~
~ Ii ~;
~ e I
~I
~
~~::
~ te i "
~ ~ä ~~
~ 8ãiï,
~~!~~¡
tit !¡I!¡
~Ii -
II ~
I~ i~¡:
i~ lit~
,I:: ...~
~ ~ ~...
Ii Ir~
~
~
'.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 10-9-2006
Agenda No. B.4
Subject: PAY 2006-005 Authorize Payment to Motorola for Radio Maintenance
Agreement - Resolution No. 2006-085
The annual maintenance agreement for all Motorola'radios and related equipment is
now due in the amount of $358,784.40. The City of North Richland Hills shares the
maintenance costs included in this agreement with the Cities of Bedford, Euless, Keller,
Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County. The
City of North Richland Hills pays the amount in full and then is reimbursed $328,363.40
by the other entities for their share of the radio maintenance. An Interlocal Agreement
is in place to facilitate this. The Cities additionally receive a discount rate of 2.6914%
when the contract is paid in an annual lump-sum payment. This year's annual lump-
sum discount from Motorola reflects savings of $9,923.40. Due to Tarrant County
increasing the number of radios covered, there is an overall increase of 13.87%.
However, the City's portion remains unchanged.
Currently, there are 3,199 radios and 30 radio consoles covered by this contract along
with some additional miscellaneous equipment. The Interlocal Agreements that were
written to accommodate this contract were implemented so as to provide bulk
discounting, thereby alleviating some of the costs on a per agency basis. The contract
allows for the repair of our radio equipment, replacement of portable antennas if lost or
damaged, replacement batteries for portables and other such items of benefit to the
agencies represented.
Fundina Source:
115-8012-531.43-65
001-9006-532.34-30
$328,363.40
$ 30,421.00
Recommendation:
Approve Resolution No. 2006-085.
.NRH
RESOLUTION NO. 2006-085
WHEREAS, the City of North Richland Hills has a continuing maintenance agreement
with Motorola to provide service for all radios and related Motorola
equipment; and
WHEREAS, the City of North Richland Hills continues to receive a discount if this
agreement is paid annually instead of monthly; and
WHEREAS, the total annual amount for the period from October 1, 2006 through
September 30, 2007 was billed by Motorola in the amount of $358,784.40
on August 29, 2006; and
WHEREAS, the Police Department is repaid a large portion of this amount from income
from the Interlocal Agreement with the City of Bedford, the City of Euless,
the City of Keller, the City of Haltom City, the City of Southlake, the City of
Colleyville, the City of Grapevine, the City of Richland Hills and Tarrant
County.
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND
HillS, TEXAS,
.
SECTION 1. THAT the City Manager be, and is hereby, authorized to sign the Service
Agreement authorizing payment of the annual charges by Motorola in the
amount of $358,784.40 from the following accounts:
115-8012-531 .43-65
001-9006-532.34-30
$328,363.40
$ 30,421.00
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHLAND HilLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
.
Jimmy Perdue, Chief of Police
.
(It) MOTOROLA
,111',;: N~.\'í.'Ax." ~."A:C St.p..'O.rt
~ ·1iH [it;¡I/I'g:''1'.'Q:J~1 .í,\.'lIJ
.SCII~J."II)I.t~. Il ~ I'~
1~"j'7J ;41·;.i4.i
!Campa,w N sma:
J ^1tn'
I Billing .A.ddre-ss:
Cih', $lal~1 Zïµ.
GlIt'IrJ(II~ r CUrt kid:
I Phçnc:
FitX:
Date: OG.'14/2C()6
North Rj.chÎand Hills, City of'
1301 Ne Lr...'">p 820
NOli... Hk:hlttneJ HIII~, IX. (61 BO
C~pt Mike YC~'fI
,817 :.427 70G3
,....---. _. .
Oty Model/Option DeKriDtion
...... R eC'Urrlng Serviœs. .......
SERVICE AGREEMENT
Contract Number: 81)0001003088
Controct Modifier: RN02-JlIL-06 09: 1.2:39
Svparceçs& Agre9men'(s):
No
1000120101
0001
1 alO 1/20:J0
09l30~20:)1
Sep 30th
ANNUAL
Exemp1 From AU Taxe3
R9'.:¡uired P.O.:
C ustDmer 1# :
Sir to TiIQ N :
Contrac.: Start Date:
:ontract Erd Date:
Anni'Yer&.ar¡ Day:
Payment Cycle:
Tax Exempt:
PO" :
Annuli I Pro,..,)' D15count Appliod
Mon'hty _ E:d
EÄtcndo~_
S 29,898.7C S 358.7~4AC
I
SPECIAL INSTRUCTION S - o1.r 4(:.. $TJ.-E'é.fJT 0: ",'O~.; ~')"
:FArn¡;"".~::: I'\~-'::AI:T i':1l"
SV[:O:,oSV[~IlII:m(: Sp· LOCAL REPAIR \IVITH ONSITE RESPO
S 29.6:36.70
$ .00
$ 356,764.40
I-{,O
D__' _.
_.- -~- ,.-..--.---
.
I rKelllrd :51n",~nm trf Waf' ,"'t I;'ItlJç,tþ" tit. ".""1»11 pf1:r.hJed CIf'I CI'III
,l,grof'MCN:_ M04o"~', tli«ri::4 T,""~.-':t c':nNhtICNI. _ 1:111'" at ...ltich III
,)ft.K.h.d tø tÞ'!Io ':;.,.,1(. ...Ð...m...... .. Inc:a'Y=G'ñtd tw,.l" by Iltb, '''''ClttoI.
~__'" w
. -
l\tnHO~I/E:D CUSTOMER SIGNATURE
CUSTOM£]{ IPRINT N^ME}
MOTCROLJ\ REPRE5F.N""'ATIVE (SIGNATURE)
Di,;'r~k J()hl1~~)n
M OTOROL.!., REPRES ENT A Tlvr I ~1~rN I NAME.
.
Sl. btolal - Racurrintl S~rviœs .
Subtotal- Ona-Time Event I
Sarvites
---------- --.. Tot".: ~r9,6:3ll11.l $~~bH, l H~ ..UJ
Tð)(C$! - __ ,__-
_ _~~~d_ T_~~~~~ $ 29,898.70 $ 358,784.40
, ";';,;'ïî·n:. ".I"~t. "...INII ~. ('i""VlPI
TWI't A~:f\'(S "...:'I.IIlT IS 11.1U:=c'"''TI:: :11.-.. MD LCCÞl r...>Jllc
JUf11~C I O'~5 ,.,-ttt't;. ':''' '" ~Lt; 'o"t ...t"'·'t.J ty ....,; '~J".I"'_"
Subcon tra clod!i~
DFW cx:r.O.AUNIC'ATc:tΠINt:
..-
City
HVIÞ4ü
Stat9
:TX
TITLE-
DATE
TITLE
DATE
-
PI-ONE
fAX
.
North Richland Hills Consortium
Coverage Period: October 1 þ 2006 to September 30, 2007
d,,1t cu.t I '''I1RI Pw t-.u ',1~( ri'
~(.\1CI'lh \1:;I'¡h r.~J' õ~; i\1I1Lõ1. (.-:)o:.~
rktHord
.q ~ 5uOtc..1balo " ; ¡:¡n S ~.~Ñ:I 1 ? ~?f- 195 fr"
(} ï,'à)"T;tnly .$Jbr.nl:c:1S I ".-:JU I~
(I i! lI'illltb:tI', &I~ L 'Ib fI.1 lIut.tllY l..A.,'et:4 teJ~ , HI!i 12
:'! Conr,t')1u S 1 /~ U:J ~:';-Ja.;"" 1:¿ ü...·':J:J.UU
I :;";P;CI ¡ 17& (10 '1~ liC- 1? , 1-:'1:'1 00
~ ~-:..."rm1 .'i1nri...,,:; .) t ~.O:J ':!r.. UL 1;.-' l,l~:J.UU
& :"iT N Ii n .\-blll lh;tJ ~..u J 500 3C' OC .: ~&l30
6 rj_i5,l~ OOT ~..cOfJ R~n1f'11t'-'; 1 ;¿ ,!JJ 1!-: :JI.; 1 ~~ "I:~) XI
4 1.1474lJC Rt:rnL,I~ S 2.!5£' to :)C 12 ~ ~C ,):.
~ TDN~H3û Blt1cr\' G)lld~t~(·T1("f S ;¡ 1:":- 1") ':Ir. 1 ;.: 144 c.-,
'1 Nt'1 (],IC~ So 175.CO H5.0C I~ S 2.1 CC.C(O
, J C<II \I ~CI 'tel -S'L't Joch ~ :19 en 3H \In 1 ;¡ ~t -'!:ij I:~'
I CSt, I'!. S ~l.:;(; :b2.,~;) 1¿ S ~.' 50.('
ct.o:. ~
r.4r. rl':~ I r ~ ::. 1.1" n
T('Ir~1 S. o4Q, 5 9 2' .n
lulC'.!i5
~ :! 1 &oJ:I!:.C ·ttJl~r 5 (, :¡o S ') 11 R f,.1 1 ;: ,;:;; .:..47J (\~
·1'~I:.:tlll·1 5Ul.lLölilto It <1.:.IU ~ 12
II :mnrst:.:Jltf ~f~ 1.0";'5 fcr tatter,' o::1\~·ðJI.t 1 95 5 I~
:. (011.4(.1('9 ,7~ )0 ) 525 (0) 1:' ... ~.:U:r. .y,
tli CI.'" :n..' Sta.l.lvnlS 1!:> JU ~~:t....YJ 12 ~ ~.{ eC 'X,
J \1TR 1C.."Itì SiTe-1 'hits¡.: Sta11/:'TI 12(0 )0 "~1 (., 1] 1.441: ((¡
t J U' SU"'CI :::¡·",·j'.l'l :nLJU j.!Lt)J 12 ~~e ((.
I ~ :OS MC!dr.m 16 :10 105 r.'J D !!:-:i 'x'
. I N...'i ':"·Ic...'~ I/'::J :JU 1 i ~.""J 12 ~ Z.1CC .:(.
I cSt. ]1 ~n ~ T .'YJ I~ ~ ·'<.~C,.:(,
- 0'11;:1 ~
Dil!>' -"'.11111 ~, 1·:1~1i ~4
1 trut t $ 38, 185.01!!
t~eUtr
197 :;ilt:!ór.rl:~!'5 j . v:) 5 1,:JC4..· ~ll 12 $ - ~.Fi'I' 4r.
:1 11111 b:>...~I~· s~rl:l IJl'n~ '1)( )~mrl r.f:'t'#r.r~ /35 t:..'
2- C(r)i(l~~ 11~.O~ :t t.J..' t:tJ 12 ",:?(In 1:(
1 Ge....~r 175,1)3 11:=' r.(I 1~' :.!,tÚO.úC
(, C(~;' rIoJ S~('Jtiv"'~ 1 !:.IXJ '-~. uü '2 t.Mn O(
I Nt!( .::: IIC 1 175.0:' 115 fir. ~ ;-t ~I, IÚ!J.ÙC
, 3 CCH: ~CI Hr Sl.vit,-.ñ JH ((I :11:,iII:O ',2 ·i5=) OC
1 Sp.e<rru R F M L:J~rn 38,((1 3:: (1ç. -:,0' 4::>?UI;
I N'õll S :l5,Iß4.o1U
(1;i(O.1I11 $ r·tH} li'l
1t(~1 $ 25,294.19
.
·
frw 11 Iu IIU 1 hilS¡
.17 :;lIhsr:nte~
l' IIIb, Jc .'.alll,' SOIl A .,,111'0 Irl hö:ttnr, cO\~f'i3';1e
i Ccm:u:·.t~
L S1P
J CUJllIuJ SUd~\Þm
""61111 Riehmll II II iJI~
297 Stb'Cdl':forYi
:) Inlnns.cillt,. Söï:.ht 1.rli1!s ref bø"9r CQa'6lP')'
j ConsolC'S
~ C<lnlr(11 SLltlOIH
T.It Imt co .ui1y Sh«Itt
')I~ ~ ,S...II..v.;lib~.
-:. W~1':anty SuÞs~bers
~I h,lri'bÎCjlt,. ~1A l"hr.1rl h;rllnr, cO'.~:!ge
~ (~I~nklh:~
~~:II!: 11'" .,.;J,I....,.,r.rr ~A...UN:; a:tco,oc i1Æ but"" (llIlal$l )'1I(wQ r..onlrAct ~.,d tha curn:rt sl.Ibsclibef I J't (., IhA
Þj ~ t .:I ß':I nl C.(JUI·,;, C:.tIlW1Ium 5~11811 .
·
8"drofl'
UlII:~~
<'~IICf'
i-flltorn 1:1t)'
~uthlllkl
CoURY'#'Dc
Gr.~¡n8
Rh:l'1land KiIlA
Ncr1h Rlchllnd Hill.
'hrrlWlt Ccunty
011 )' . 5 6:)
:!~.:.' 4': :¿:J
7!=,.RI:<4 "'~I
2·L~?2 0:.'1
4':.ge&40
2i.1!'W 0:1
'11,9E880
t ,!lt~ 40
31.'F..1A.O
U.J.1960
3Gt. 101.80
t¿.,9~ ",0
:JM,. ¡MAO
r ablt
r..ftr....'ü"1
'n1~1
·
S t. '30 $ :J '0 ¿c· 12 S 3 7" .:1(.1
$ 1 Btj .s 1:¿ S
S L ~5.(tO $ 175 cr.. I':> S 7. UnQ»
$ !\O,OU :1 ~.r.:(1 12 I 1))0,0(>
$ HHI!1 ~ 4r, ::0 "") $ ~U.Ut.:
TrrAI $ 6.!K2,4D
ú!:U:UI¥1I ¡ 137.3&
foul S .,115.01
" fI.W 1.~O.2:)
~ ~ .e.5
" I/~.OO 52 E.. 0:)
.$ 1!'.i 00 1 ;lri.O:J
ß.tiJ S 6.52('.80
~.OO ~
'.~
11!'i 00 !I ::0. 0:.1
12 523J,"¡' ,n
12 $
12 S 6.JOe· ('II)
12 S 1...·1(>,00
Tr.t;:¡ $31,.202.40
C,ItCUl....; S 841...0
T atilt $30""21..(0
12 $18.24~ ft(J
t :! $
12 .S
12 510,500 00
"(j~¡ '8S.7~.&O
L;UiCDt..nl ~ 2.3M 61
T atilt S8&,3«I.!iY
·
(µ"\
&
MOTOROLA
It e\'. 8102/06
.~~\t ,1.7. '\ .;.......'....., h" ':"-"'1:"
I.'.~II.V :.....~, (.tI'..&:: .....r"· ~ '.I.·..,:...'l'-...~ ,I
NORTH RtCHLAND HILLS RF CONSORTIUM
MAINTENANCE AGREEMENT TERMS &
FEATURES
1. Unlimited repair :inl1 <.:ht:c~ 'Iut of coveæd units
2. R('[lro~rnm.!niT1g (lr Sub~criber L nits Clf!, UtWlø. PDr1a1bl~ & contld StatJ0I15) based on lh.:
iD lowing:
\1. RçprQgmmmlng i~ eO''r'ercd owy wh~n ruùil)~ are repaired, ~nd Ih~ rcpüir J'~quirc5 ~i
unit (ü be pr(lgnmun~:.l u."illg an ~xis:ing tcmplult:'.
3. Prc\'('n1ivc j.,·fainLén.lrtc(' cho:,ck of 5)'~I,(...'11\ DIU:: lime per y~aT 1(1 he s;;h~duJed by
the (,\1stom~~r
4. Pn\'cs an: :,~t far lh~ use of JU' Consortium agrt:ncJcs only.
·
f', Pri\:r:~ ar~ per unit.··~Cl· mo:)~h. l~rLl im,:lude pilrtS and lanof.
Dct1nidt"" ~r L:l1"'~n~d or not co\'~J\.~1 item~ is.
:I, I~ùdio hou!in~. antenna, ~inglf unjt c,'h»rgcr nud i..tern~1 ('1tmpnr'ent~ are
(,o\"~n.'d.
b. l{emote ...pcaker ...i('rol)h()n~ mH~' he ndded as un optåun It" nu~r nlcU1b~r
or cunsortium for $~~.on per unit per month.
('. .\ S4.00 char~e per munth luL." bee.. applied. and ",ill continue to be MI)plifd
for Df'" units during tbf \"'arranl)' Jteriod. Thj~ d'Ulrge pro\rjdes co\·.....rugc fOl'
lÞrugrnlluuiDI: & ph~p_ical da"la~e durin~ \\'nrmut)".
6, LJn:B that (Ire phy:;;..;.ally abus.:d. 4,)f \\'al~r d::u}).aQs~d will ht:: c( \'~red l1p ~o S 1 :'ifUm of
n"Tnh¡n~d parts æ1d ]abDr (.: )sLS neccssary to :-t:päir. l\dditiol\u] cm;.l~ wHJ re bi]tcd
dircc1 frum Ihè local s.-~rvicc pT\}\'iûer at L1 SPCd:i' ml~ l',f$ ß5.UO p::r huur, p:us pan::,
7, f\·talntcTlün;:e Agr('('m4.~nt (·H\'t'r\ the JŒPAJR ur RFPL.·\CE:\H:.'-JT Dr lH1(; {l t ~r.t.::nnll.
ft:1d ('ilL.: <: I) ~..i:1(1;lè unit çh~irgt:r per '¡.11Üt per yeur, if ù~teJ'Jnincrll(l n~ defectivc
·
·
lot, Ba:t.:-~)'· l\·1ai()lCni.1H~~ U13rr M Itw: 3f,rNllh-IU> :S ddìn,-~d as H..J::CO~D[T[O'JIl\(i Dr
R.EPLAC]:).1E~-:- lJrht.lUt:ri<..·~. .,\ radÞ(Þ ~~rial :J maù eAijo)ljnJ.: hattel:' :u'e tf'íJ"in~(' III Ull'
time 4)1' 1·E'pl~,,·tJllt':.DI. {D.a(~ 1:(ldc~ ms)" be: c1dl~d 1111 .III.~ hnlhtlfllJr 40p (Jf bat(crics..þ TIIt.-
cltntnU'1 wiJl rephlCf Up to 1/2 of the hUUCriL~~ J1~r r.~tlt~nd='r ('ontmcr) }í~nr. hu~ccJ on
tb~ quantity of unih ~"\lcn~d, IH~r member of the consortium. ßuueric'i Js;\ucd ârc
standard rDpid £hll..g~ buth~Jics. IntlinskaU)' safe hUUeril't'i will he ~·h...r~td the
dirfcrcnri:al pl'h':e betwet'll the list price of boU. tmtLerics.
\\'e ¡,¡rf offering the inclusion or tl1£ IS hu1h:ric:\ on th~' ~:tD'e tern.s ;ì\~ Uae other
bath'ric~ for $1.85 more ror c.u·b IS pon.able,
':). /\It rêpajrs \\'111 he P:~" " )Tl1wcl R:nn am 10 ,1·.~(IIÞ[\.t. l\·tonday uU'ough "'IjLlLl~" l·xcepc
\II ht':r~~ nü((:-d ot.1cnvLsc Itt lCloon 'lln'elutflds and t-did~ys:1
10. Pick up Hnd (k"ljv~r}' of SlI bscribcr pvrtable unit::- .....-j II h~ ün dr:l1Iand, rml I L) L:xc~~d
r..vv r:~'. calJ 5 P(;[' \,·(:d~ 1¡sIl(JW twet,,~ 412) business hcurs rMopDRS." hma wom Int11al røQ~18I6t1
11 F;r(~ ~md /\1ubulancc mobHe J'J.diü~ Cil:) 1,~ sen'icr:J .11 cu:,lumer lClCI1l14m \·1untIJJY -
Friday ~ :HO - 4:.10 leÞ:cluDc:s l:1,¡J...c Clark, SatCam. ö1nrt1ar ott1ar iJPJlariJ'U5 equipment'
j'\Jll)Lhër TTlC)hil~_'\ mU"i1 h.:: "~r\·it:cd al onë (I) of three (YI ~lrc-a J...lo{orolLi Service.
J 2. In':\la]J ~lnd Rc-ll1('1va~ 3(Tvicc3 W be ~dd.rcs.::c.d on ¡) pCJ ~u~)talk}n bï:\.'i~
1-'. { t:pai r Ii n1t:: n f ;·mhsc.ri n~r un i I ~ Ita. mobllcu¡p port~bI9:;'. IInd C()f'I'rol 9tAtlO(I&J nOf to cxcc·~d fi\'~
(5) \:t,-orking dflYs. withQtlt notification of any Pfll-:,s b,ìckordn and·'ùr OthCJ dchys
·
14. ~·f(1l )nÙJ Cliywmer ~1Jppor'( ·\.fa~lll~er \J,;11 b:.~ n.~':\pl:t,,~lbk· f;'IT w(Hkjng \\·it~1 c.'\ls1orn';'~l
\.1.~Otnlçl adnÜnhtrator. 1\.1 u·ack. upda.te. and adjust equipment 1::")\,cll10ry as chilng-cs
(I\."'CUl
15 ..\ bo\'c <::ontrae.t \\.ork wjJl þ~ ~~rfonl1cd ~1 S 85 .I)U per hC1ur, pins P~U1S
(RTC'IIft''''' 1U tOn:5ortlllm ¡;.w;tOO\er'S onlYJ
lb. I)tsl.:'Iunl... \\'11' ':'1~ :-Ippli,....() ¡<Ir m1Jluil1 puym..:nl or l:clnlrl1l.:t in UJ"'ülll't:
(diKount riJCC!5 to bit ckterminC'd is' GiJGh lõcmtr¡ çt ranl:'WZlI
17. Tr~¡erhf:l1~ c()n~ul~.at.lÌn Jnd ~UP)}\xt will he }I\î\·jjcd at 110 addiuonai ch3.r~~ th1m
DF\V ("'mnmIJf11c:ili()ns ;TH...
1 H. Cnll~olc Opcralur r[þsitíoo~ an~ SJ 75 lu-r "'''''nHor l)Osition
19. Ceo' ntl Jï:led rn nic 11 ~H' k F..q u ipuae.. l: Fu.1 24 X 7 co\'crage d\1rit:g tbe çomrd\:\
pC-f14 t{]
·
·
20. Control StatiQn! are pern10nent ilUtßUßtion~ & hs\'c 1101 hecn tn:atcd ~,'i mHhilc'i
as wü tb~ ÌJ1lcnL ur the contract. Rcpaa.in b~I\"c bl"Cn cnnHi~tent1)r maul€" iSt the
(u:d(Þmtr Jucation. Contl'u1 StøtioßS win be OffC1-çd at a bÎlling rate of S15..OO
[Þcr month. Programming ",ill ..~nntinu~ .(1 be offr.n:d prr the oriJtÎD~1 ..·ontrRct
terms, wheo taken (0 an)' ofDF\\ns sen'ÌC'e locatiolJ
21.. Timc & ~1ätCriä) Rat(~s for non contrlct itcm~ folluw:
NormaJ Bl1sin~ss Hours SI05.00 per hour + parts. lhcrc is 3 trip charge of S4H.UO fClr
e~ch C3J1 out. J lourly rate st1U1 on ntrh'al ot Cu.s.too1er locati~)n
Ali~ I 14.1Un:ï hu\'c no It;¡~ ChUTgC. HQurl~,. rute 5tm1s from poir.t of origin. TIlC hourly
rate is S15?50. 'J1)~ mÜ)jn:\Jm charge is 4 hours or S6JO.OO per trip.
22. Clarification on x'rs §ubolersible intrinsitnll}' safe radios
fhe se~L;; on XTS ~ubm~rsible ra<:lios. are DC))}' guaranteed fÖf 1 y~ar trona date of
pun:husc:-. 5t"( t~1ihJ!'c i~ n()1 considered ph)"~icul dllt,,"~e. unlc.ss 1hcre is Hppart:Tl1
physkaJ dal113gC tCt the r8dio tfL."t ca\lscd 1hc seal to fail. See SRN ] 41}.-~.. f:tttf1('hçd
2.3. Yricin~ of so bscribers to J\orth Kit blaad Hills Con ~11iun1
I\fotorola v"ilJ continue (0 charge $6,60 per unit per month for fiscal year 2006-2007.
·
·
·
ServJce Terms and Conditions
r·Alll.(llola. III';';,. lhrouph il~ ComrTerr.:;¡aL 3:J'/amment and I~ dustrial Sciutons Sector (-,.1otorol.a'). Rnr1 trl~ f:IJ!:,·. (lInf~1
r"~IIPl:U ill ,lti~ A~rr.):J'rurll :'·CU~lor:"ler"). hore:J~; aGreo as roIl0','i5:
Section 1 APPLICABILITY
These Ser'¡lì::t? r I?-,'r:",!i and CÜI1I.1ih.,."JI')S .ipply ~c- ~f.orvl:'"~ CfJr11HK1fÞ "Þ )o&leby MeJI\)Il:..i& ~!lr~e~i 10 pllJvid~ lu Cu ~lr>,pu' :..~il ,ur
':' ) rlskllef\!:mce: ~lJpfXJl1 Rr1d,'::.r nlhf.!f ~r"k;ê!\ tJn·:1el A Mo:cmla Se(...i::~ Aqr e~1 r~lIt I or {~) irl~ll1n~borl ta~rvÍ<.:r.;::.; ur'<Jcr \1
Motoro a 'nsta '3ton Agreêment
Sr:;c'ion 2 DCFlNITIONS AND INTERPRETATION
:.' 1 ?'~ï<,;-(~rl1l~lIl· rn~:lIn~ Ihc.~t.u Sur..'ir;u T <.~rlll t~ ;lrlC; CI),~~iI ()rJ~i Uln lX."R..!r Pd~ic k'·' tht: 5urvic.:c Agreomcnt :Jr the
I n~lé:III;J!ifJrI A~j ruurrrunl. ö~ ilpµIÍt.:~lJlø; ilrJO "I" Y I)çla(!r tl1l.¡)l,;'m-.c;l1t.$, tìll u' ·.....~il.:·' i;JfJ) ifl(:r..x-pr.;raLaû har~in by lhis raiarenc.e. n
illl ~~'!"" linq Il1i~; .A.;]1r.1(:'1I'.~1I1 ~\IIIIIlI~.lI...illn ;1(1 y nml, "!11 ìI .'~. It·("~~ S( r..ir~fl I m I nf. ;\11.-1 C:-Irtodil i(lns will l ;1k fJ I, f~œd(tnr:~ nw.;'
i.III'f '~G\'úr '1~I!.Jt\ è.!pr,; 1I1'~ r..:Ú·lúr pü~-ç ',,11 ~\lkù J)lúCùde-oCf: Oy(;( ~lIW útt.i)(;11;»Ct"II$. \,lolC$s the oo"'ür pa;Jo or Dltüt,;hrmml
J~-(;ti flr.;i.llh· ~i.uk~~ c tile.: m,l Sf..: .
2 2. "E4uiµ:'~efll" neëUlS 1tat;! equiprru: flllhül is ~"tIcnø:j ; n :ho éJ1tiJt,; 1I1I(;r\l~ QI i~ ~ut)S~ 4U~)l1l1y êlljdatJ lo itu-s AI:; rt:Ia Ine·)1.
2. ~. "Ser-i'::e-s" T1ea"~ thc~a if1..s~allaljo~l. rntlinl~r' çH1I':B. ~ur;p:'1fl, lrelillint~ .¿t IlIJ I.lUWr !:Óf;Jrvlo:\s deslTib6d in th is. A.gra~,,'.?r1l.
Sectlotl 3 ACCePT^NCE
Cugtomer acc=-pt:¡ these Serv-'ce T enns an:::! Conditiof'\; and agrees to pa~' the pric.es set forth in t"'le Agreer"'Þ!?nt This
Agf~mp.nt 'hilt tl€<'..i)...,'e hlndi...,g only ',¡'Þtle-n 8CCE-:>ted in 'Miting by MOtDrd a. The term cf this AQreement will be-gitl C", the
· SM r1 Late" Indicated in this AgreemenL.
5~ctlC1'n ~ SCOPE OF SERVICES
4. . . ft."nt:-Jr~IR ,\'111 prr:·\'lcte- the S&flf.C@5 de Eicrit:ed i" this .4greemenl or in a 'roors dataHed statement of work ur :)Itll":'"
d(...~ume?I-1 at1acl1Ed iO this Agre&fT1.¡:.nt. At Customer's f'E'quest. Motorda rr'ðY also Pf:)'lide addi~jonai scr'fÎ:I')5 ðl """J:IJr(),:"~j
t~,en-ë: pplic6ble re1es for such serviœ~.
-1.2. If Mc;1omlaís proo¡:d ;ng 8E1l'Yiça~ for [quì;:.nlcnl, M;)kulll~ r.ì\)rl:s ur J.J"~ :-,r ~ql.ltd q .Ii,iU,. wtll l1f~ 1I t'i~d. lilt:! L q'Jlpmen1
....1. tc ,:ocr--iccd at ~:vch¡ ::;ct fO!ih in ItuJ niU11 dud JI C!r'fi pm.-h..d -r.:-,nu;ll~; and rt.:.utine f,!:!r\' ce proced ure~ th31 are
prescribed by Þ,1010r0la .,,·m be roll~H\'~d,
·
,;!, ~" H Cu~lo !1·: r Durr;tW:'jr.,;~; hJn1 Mr.:·,Ç·!(lli I ;ulc Ilk",:'d c:JllI: rJm::fIt 111.31 bee':".,.,6-g po: rt of l"'le 5sme- sye.1e-m 3=" the ¡nit 81
E:.wip...-e-I th.:: ¿Jl.>lIilion¿,¡! ()o:;uiPI:lÇ"ll rrI~rt' III~ iìdlk..j 1n 'hl~~ .'\gree-"'e-nl and ~""tI be billed a: the 3J:plica~e ra1e; aitE"r the
'''/èlrrrm:y kU:I..(h ~fF.tili:"lIW! fXll1ir:mnlll "~Äpi(-f~~
¿ 4, All (,-: lIIprnf)!'1 1Il1l~,1 I:(! I" ç?:)od ~\'orking order ::.n tl'..e Start Date or when additional eq'. ipment i,; ad::ied to ltlf'.~
,~Jr"^J8~ru;Y·.1 IIp.lIl I Ui:ISl)r'1J111(~ r~l j~~t t")~, Motornh1. C uS10mer YJill provide a rornple!e serial and J')t:;)da I nurnt;i.:1 li~l 1.1111'1(;
EQLliplnu",I, Cu$l.Omcr must pt'ornpn:y ne'1ify M~Dmla in wri1ing 'Ilhen any Equipmenl is lo~.L. di:Jrnø~~d, !:óloh:.;n ~II 1.;.1k~11 :'JIJl
(.f Sef'/ÎI.:$J, Ct'swrnur'::; utJliQ ;jUUII I.u ~~~V S~f"'K"-,~ fAes fOf -;uch Eqoipme..~1 will terminate at the end :.'If 1he "on~h in wllir:h
··.·1oÞ:;)rvl:¡ re-:eives. such wr 1tun r:olk:e,
'1. ~, Cuslcmer rnu sl ~~'SIt,;.mçiJ¡rv iuurd ,I'~' ~1I't bIIJiIJr)1~nl tÌ1~t is lab~ed intrir:sica! I~( sale br usa in h2ZiJf'ÓOu::;
ef'l\,¡p:mments.
\1.';;" It Eq'_1 pment cannot. in r""I.j'.urr:>I~~·~ flJ;'1~1)lIi11¡¡~ npiniolÎ, be property at economically sBr-'iced frx è'Ull' rc.:t~()II. ",1(J111t,)le
ma~' mcdify tt'H? scope c,f Scr\,1<;c:s rel¡:11~d ',1.1 !wît' Eculpmer1-t remo'/e ::UC"'I EqlÁprnon1 from tt-u ^~lrtJr~·r·I!IIL, (}f mcrease
the :)rce to Sgrv:{:G !',;.uch Equiprncn I.
-1,"7 Cus1cmG( must promptl~· nul Iy ~J.()I(H~JI8 of &'11 Equipment failurE!. Molorcltl ,..; II rc:::;p<>nl.llo CWilo:'Jrf f:t'~ nCidication in
B ~lann.;" c.on~i::;lcnl ',Æh l~IC hWI~1 of S erv~~ p.,Jrchased a5 indicated in lhis AUr<.."-OM1t:nt
~ction 5 EXCLUDED SERVICES
5.1 Sa-,'iC.B ex::1¡,o:dc::; 1hç- rçµï:.ltr (;'1 r(~pl;)..-;ernerI1 of Equi¡::mer,t that has ber;uml-l uel~c;li...o m tI~1m¡".Ig~d from use in e1her
t"'Em t~le r,Nmal. {1..~lurn~1r,.. hlended, 3pd 3 L. tl",orized manrer~ use nç~ in (:mn lli;~ IIf::'! wil h ;l 1I~tH-:~l)l~ I m1\.:5try !:.tandard:i;
exœss;·.'a 1I'.BeU ~lrId II !¡'Ir , (II :"u":f:Þ:"1p.nt hQlJld'5. f:O',\'er su rgas. nf:;QlsGl. ~lcls Of G:,)I) Cf 0111 ~r forr.e mRje-lJre e·...enl5-.
5.L, l'nhJ~!.' !';p(",<;i~I..::!II',. If'td udec '-1 this Þ.greemenl, Sf] r"'1c:l' oxr:lunfl.=t irAm" thR1 are- ccnsumed ir 1he rorrm.lll)p~{~horl (jf
.11l! r 1':"11I1!(~nl, ~ 1Irt\ ~!\ ha1tent3'S or mag;-- 8tj(~ t.¿wu~, uput ;)(Jln ~ ()( re-programmin';1 Equipment ëJc:œ::;::orit:.:;, IJt~11 (¡"pS..
h.11t<!=!rý ;'l1ar,;¡ers. custOf!1 cr sr;9001 p'ul.llI,::I~. 111~nJht?d UI1J:&, c" &otrllar~: (Jr.d rcr~,ir or rn~1irll~qlinŒ:- {J( an1 tran::;mi&~ic-1\
·
.
line. anlenna, mlcrowa','e equipment 1CWier er 10wer 1ig-.11Og, c.::uplexAr. oorrhlnf'r or Itullir:flllplnr Mull.l((1Irl ha·s no
ubli~alíon5 :cr an'~ trans.mis.slOn medium. suth as teler:rone 1I:\e5. oornputer ne'N ork~, ttle Inte~'let ÙI tr,ú wurldwije \\"~I:.L
or ft...' Equipmerrt malfunction caused by' such u:¡nsmissicn mac ium.
S¡.c;tion (ì TIME AND PLACE OF SERVICE
S"~~r'lit:l; '....ill bo provided at the lo:.ation spec.f.ed in 1his Agreement Vv'hen t...· otoro,a pftrlQrm~ Sf:of-y tC~ .;1 Cu ~~( Ir:t;I'~
1r,1l:~1Iiuf . CUGlomor ..\'j provide ry'o:crola at no charge. s nOf"-hazBrdou-s work en\'ironme...1 with adequat~ ?rlf!lt~r. IIt'!iil
lìgllt ;) III'J ç,:.o:)òVl'Ir C1l1d wilh 1ull ë&rJd free tlCC:9ti~ 1.0 ~he EQuipmer 1. "t/aiv9r5 of liabilit~· from Motorola 0: '1& subccntrac~g will
nfll ~~ inlr":~~;cl.f ~~ il ~il~ ¿u,xess requinHmmt Cu~lum9r will provid'~ tlH I·..rorm:ttion p.ertaining t-o tr.e hardware 3na
~(>1Iwi)œ elürllúfl1~ or ¡my :S)'::ilcrn wi Ih ',,'hk:h IlIu EQuipmanl is inturfur.;in" !SU Ii' at Motorola may perf:Jrm its. Ser,··:e5.
LJrl:~h$ nll'~1 wi~!~ ~~I'ud irl thi:s A\.1n.'CII...,ml. lhr.: ItWI s of Slw"ir.;u will tJl.: 6.30 tl.ll I. lu 4: 30 p.m., 10'....'<11 time. Elxch..dinç
(,~~k~nd~ ~wld I-.:Jliday~, Unless c4hcrwi:!c ~l¡,ted in Ihi=s J\grcemcnL the f)'ire fQr 1hc SCrviCG5 oxcludo any charges ·x
:~);P(; n~'if~!; u:..;t:,uo tllcd wilh hclic-op'cr 01 cther .... nu:.;utll ÜC(;C::N ro<..1uirçm:Jnl~, ir lhr;~c churgc::; or f.i)(ptm~Er.j are rBa~Q".8bly
r""'-:u f(~d t.'¡ MI:~"n,)!tJ ill rl.!ruJurin~~ 1hu $<11 'J Il:(;~, CU~IOflle.r ~gm&1S 10 mlmllur'!-:C Moh;reJle'. fur ~ur.;h d l~r9f:1:S ëlr.<t 9:t:par:st3s
Section 7 CUSTOMER CONTACT
Cv~tc"'9r ",.ill OfO\lidE ~'o:orola with des~nalec r:Qints cf conta:;1 ( jot of names ard phcfle numbers) ttla~ will be 3..'ailable
1''''Eml)'-'rJur 1'2:1) hours per day. ·ge....9I1 (7) da)'s r-er week. and an es<-al Bti·on pro:::Etdur~ 10 e"'\er:~B C us1omer's persot1 nEtI to
lnê.{ nliJir¡ V..:onlat;1. as needed, with Molorola.
Section 8 PA VUEN1
L1ole-sg f. "~·n:ltl'lf.! p:li'ffip.m term!l ere ~pe:::('lflr.Rlly g1Rted in this Agree ment, M01crolB will In '..0 œ Cu 31om~r In f11~""il "¡f~ fm
p'fjrr. pS ''''Ent r.¿.rlot1. All other ch~rge~ w~ I be billed m~1h y. end Customer must pay' eBch In·..me€' 111 U.S rid :u~ ·,..1:hln
1'.·.·enty I ~:J) ·jay!: of 1he lo...'ùice date. Cu stomar agrees tc re+mburse MotoroJ.; 1~ a I property taxes" sa les and ... s.e 1axes.
e:ccise t:SJ<€S. and ether taxes or iE-sse !Jsment& leyp.e.d as a result of Sel'\'ices rendered L. nder 1h is Ä;¡reemEH'1 (excep1
iorome profit a....d franchiße tt;>C&:i of Moto!::Jls) b}' ani' Q:J·¡emments.1 entity
Section 9 WARRAN TV
~0brda warra nts that i~s Services under this Agf'etEment will :)9 fn::f'J of de lads,... materials an:f \'Þ"CIrkma:-o..::ï hip for t1 perifyj
of "¡net)' (9(1) da~·s. fro,,, the døte the perlormanœ of the Servicl;Is ~ro Gon",µla1t,..II(,i In the l·wanl 0' é1 br9.:1och of Itll.':' 'A';'lrT;"ly.
Customer's sole remedy is to require- Mo;crol:J lo ro-parform U1U n(;r·...oonr<:trmi~ 50r...icc (}l Cu ,r.Hun:J QfI tJ J,;~(I r~~lrJ t...:)~: :';
tllu feu:.> pë.tid rur Lha m;'IH.;':.mfurrning Sur·..ir.;u. MOTCROU\ DISCLAIMS AI.. (}1HEH W'þ,tUtANTlFS. F,:<Pt~~Sfi OH
iMPLlCD, INCLUDING T' IE I r,JPur:D 'Nl,RRAf\¡iICS or r...U:f~CHANT ABILIlV AND r 'fN(S~j ron A PJ..rH ICUL:',H
P'--'RPC~E
.
Ser;tion 10 DEF AUl TITERMaNA 110 N
1':,.1 If oil. ",or p~ny "Jciüur.~ i" th(,: ~>orflJrrnurIC..Y> of 1f'ì!L ~ìfOemt~nl. 1he other p31ì' \\111 gi"'f! 10 It~.e rll) " -perlom)in" :.arty a
,'i'ILtw ~rlÇ d~Løijerj nolc9 lIf UI~ dlJf,ult The n(ln·r.~~kJrming party "',ill have 1hiJ'tll (30) day-s there-3f1e< to ~fo...id€- a ',mitten
plulI III rJ f:.~ ttl~1 1I,.)r¡'1 ,III U 1;'1' .& ;'I(.(.nl)I;:.tllf~ IrJ Chr1 OCher party' :m j begin i.llpemen1ìng the c.;re plan ImmeC1 .atel;, after ;:.13n
~ì~lpr')Véll, 11 n'J(~ f(ln per'onnlrg parry tAllg 10 pro','ide or implement tha cure pÇ1n 1hen the injlJrBd party. in adùi:itn Iu ¡.JII'.'
<.AIIt;'1 li!llll~ i..h·i."~:lI.I:t: III illJnd~..la....... ,...)a~ Imrnedl8tiEoty tenninate this AgrgeffiBfit effec,ti·...e u.;)on 9 vir:g a written noijçç uJ
lurrrllnL1lt~)1I It> U II':: (lr;d;:iI"JIt 'Þ:J pi..~r1i'.
102 ^Ir, '.I.Wrtjrli1lklll IJr Uli~ ~f'eenlef-I will oat (elleve eicher party at obligaüons pre"'iously incurred pl.r::.utJrt If.1lt·l~
''r9n;:çrT~.:nl. i ndllr:Ji r.g p\1)'rt1crt 1:$ 'hhM"'h Jt1¡:ry be 0lJ9 ðOd a.....ing a1 the time of termina1ion. All sum:: o·..·..-ed by ClIt,;1 tlml!r 10
MLI~urol~1 ·...il t;':~(-<,J ":": d~u: arrd ÇJayaL:le mmadis:el:" upar tanninaöon of ~hi5 AgfYØemef11. U pCI'11h9 ~rrf:lf;ti...'(~ d;II.·.· ùl
lerrnini;J(O:)II. r""o~lJrc..,I~ "'. q t, av.1 nc. f Jrther otliga1iDn to provide ServicJ.:,s.
Section 11 LlMJTA110N OF LIABILITY
T...~s !imi~ation of liBbi 11v prcvisior" $h~111 .; (1pl;o nohvim ~1anding aì~( contrar}' pro"ision in this Agr':'l:trr1l:.ml r K'-:"~:,)I t(lr
p€ísonal inju"y cr d~.3Lh. rv'ulur~')Ië1'~ tn';)1 11i1t:'A Hy. 'Jit'A!-ther for bresch or :.onl·act. warrdr.ly. IIOQIiQcnL:ü. $:,íct lI~bllit~i in tort,
or other...i.::ie. '"ill t;.e limil~"<.J 10 11)e dlr~(:1 dAmages r9C()'iera~ under law. uu1 III.:' Lo r;)(ç~'QIJ hlj µ,).:.;~ L)r ,,\\,t'!h..e- (12;
rnun'l1,s '..If Sr.;ryku pru'/j;jl~d ulld~llhj9 AQ~mant. ALTHOUGH THE PARTIeS ..\CKNOWl CDGe Hit POSSIBILITY OF
SUCII LO~S[5 O~ J,.'M/..GES. THEY ACRE: THAT MOTOROL.t\ '.vIU. NOT Uf LI^üLE FOR ANY COMMERCI,A.L
LOSS: INCONVE\ ¡ENCE lOSS OF USE. TIME. DATA., GOOD ''-.'ILL. REVENUES. pr~onTS or~ SAVINGS; OR
on·IE~ sprCIAL . INCICENT/..L. Ir-JDIRECT. OR CONSEQUENTIAl nAM^{;I-~ 11\ ¡\NY 'NAY t'H:LAT ED TO OR
ARISINr.;, HOM I HI~ AG~EEMENT OR THE PERFORMANCE OF SERVICES BY' MOTOROLA PURSU.ANT TO THf:-J
I\Gr~rFMFN T. Nfl sr.:tt..1n for brea·:h of ths Äf.lrulJrrlcnl ur ulllt::l""t:s~ 1.:=lat ng to the :rar·~acbon6 ::.ontemp!atcd t;y Il1i~
"'AI' ~~H!~ 'I I~ìiq L:-* bmuç; ht mere 1hë n Dne (1.> )'om iJn~r In f! accrual of such cause of action, ÐXC.~pt fc-° ·m..m'-: ~ l1l.~ .J:)~ln
it r aver acroum. This lirr ila1bn of li~b¡r¡~,¡ '''Jill ~aar"..i"·f: 1>"..e- €'xplration Dr :ermin.ati:::rn of :hi 1; Aq I mJ'!lc:lIl.
S~cllol~ 12 EXCLUSIVE TERMS AND CONDITIONS
12..1. T"i:3 Agr-semen~ ~l.pr.:r!;(.'Ó~:~ ,I 1 µIilir 3nd <:arœnan1 agr~9m9nt..s ò.rxt um.jUl~liU1L1¡ igS betwee'1 ~he :tar1ie=-. \,..hl3ber
.
·
,,.,IiU~n "" (JI vI. rclillBd to 1he SerJIr:es, on,j (htJr¡~ ~e no agre-emp.l1t!'\. or representatkm:i CQI)(~[J HI ng he SJbje-:. m~jl'nr IJ I
this Ag(eem~lIl cxœpt for those e):pr·8!\.8~d h~Huin. The Agreement r't1~V not be amended nr mr'Y.ii"~JrJ e,xcept bl' 3 ..'~n1lt~1I
agre-ament ~.gO(!rJ try i1uthonzl3>d repr€'9e-r'I¡qli...~ of boltt par1ies.
. ~.l. CUS1o-:'t1o€!-í a9r~~ te;· rofurence this A/;lI'e~'rlt::f1l un í:nv pJrchase order I.sSltðrJ in runhe"anœ .....J1 thl~ ^!JH.:"l:trnen1
htwIo's·.'er. 3'" orr,.g g lor'. ollhr; rofl3rEJ~ to tf'1t9 A.;reem~nl $ht111 n01 atfe:'1 its Elppllcalliiil'Y Irl no øven1 sha" e"h(~r l.!iul.,· t~
'Itll.lnd b~' any tE-rm!l oont.~lned ill a Customer purchaSE- or!Jnr. m;icnowlodgement. ,::.r oUle· ·..,riling::; unles5~ (i) ~,JI:11
iJlIIt:hi:l~8 :)rder, ackrto\\'If!1190rnen1. or ·:)ther ·1.T~ing!l spedrlr:~jll.,· rofer to this Agreement; Iii} Glt~ë.1rly indic.ste the ¡('.I~r, jol1 01
t):Jltl pml;e:: to DV8rrlde and modlr!.' this Agraerr.ent; and (It,:. glll:h pl,/cJ1élsa Qrder, a:.kno\,·leelgel"'w~nt, lH olh~r writlngE. are
~inwJrj by aL/tt-crizeod repr'f:st:.!n~l, VU'::i uf ~'Oth ~'art'e5"
Section 13 PROPRtETARY INFORMATION: CONFIDENTIAl fTY; INTELLECTUAL PROpeRTY RIGHTS
13. . , AA'j intonnFJtlon ur Llttt¡J if! the lmm of 5 pecih:a1Ions. jra'ilir'u~" reprints, tachmCA II ntorm~ IiQfllJr ctherJ.;se fUrfllsr f!(
If':, Cust,:)",e" Jnde( this A.grnt;ncnt wi , Æ na in Motorola's :JI n~:~II~, VIii bo dearne-d pro,:n1e1Ri'Y. will bc kept c;onfiaent1al.
:md ,viii t-.e promptly relurnull ¡Jt MolQrola's reqLt?51. CU3tomPor 1tli.1'· J'.ol c~sclose, ..\lithout Motor t)1¡Ù:i ".."rill€() pBrmisslcn or
~s ree uired by l:hV, i1r.y 1:a.JC;I~ information or ds~a to 3f'1¡' p.t~r~;.()n or U:;C :'juch inforn" mon ar 11..,1;1 il;:;dr for &In}' pu rpose
·:.,'Ihe" ~han perfo'Miog It~ ohIíQ¡'tI.iLln~ und3r 1his Agreement The ctJlifjêllk\lls set forth.ì thì:l Sec::t~(Jn "\liII 5ur'li',o V'·e
axpiratbr, 0-- ~p.rml,..¡: tj~n of U li5 Agreement.
-; 3.~, L'nles!=o ü1h~r"rI'\.~f! .19r nod III '''~n ti,.y, nQ commercia: , fi'1sncl31 Cr IlJd Iniçê:J1 nformatian d.i!!ckJood In ;'l"y rntJnnor or at
tm~' ~ime by Cl.3tfJmp.r t,~ Molfj(ola \\'iIIlJE:I dElemed secret or oon" der I~L Mu1urulël will have- no obh;J3~IQI't ~f prr,h"¡t1~
C'Jst:Jmer ..'HI') aC1:e~s 11) i~ r...:UII r¡Llu"l~1 tmd proDriEltar}' information. Including <.;()~l iJr.d pricing da1a,
13 :3- Tï,sAgfEoemp.n1 does nct grt"wl Llir;y.;.tly or by imph-::a1icn. estoppp.-I. nt o.horwi$-&, any ownership right 01' .:::~~IIr.I:
IJndar ar'~' Mot(Jral;~ I)~ I~II. ÇQJJ'" ~tr I, trëJu-:3 se-:rac. C~ otl'...er intellectuAl pt'oper1y illcludir¡g B"ý int.:ollectus. propt=!(1 ~' r·!"~;tl nil
.a-5 a result cf Dr 'elated to 1t1e rquipl1'~nt ~r..;I<.J or Sørviœs perfurmed ur,,:jer lhi~ ~Jr~lYlunl
Section 14 FCC LrCENSE5 AND OTH ER AUTHORIZATIONS
Customer I!\ ~lIh:~'1y rt::~pCf15; blc for ob~aini"'g iœnsas or ·)Iher Butholllfthl'J/I!'. r~l ui I urJ tr\' the Federal Cc·mm ...:nlC~~101"5
Con, "'(,ission Q( 3r-y nlh['!t r:)(Jcr4,.1I, ~h:llc, or IOCèJ1 gO\'9(nmen~ agarc.)' aOO for complý1l"~ \\'il;, ~II rules and regulat.I;,ns.
required b¡' such agenc:;es, Neither M( 10rd¡~ 'n" i:UI~' (.1' ils 6r'11ploye8s is a-I age'\1 or re-::ue~1r~'1Iati'ic (.'If CIJ:.;tcmer ;0 :)n~'
guvern nen1a I mstte-rs..
·
Section 15 COVENAHT NOT TO EMPLOY
Ouing tha1erm Df Ihl!i Agrp.P.mH'lt Rr1r1 o~ohr'lIlnr: 1.cu n l,uJrYJd or :wo 12} years t'"rereaf1er, Cugtomer ..,¡flnu'- hlml IJn~~J~JJ
l)rI l.:ün~riJc.;L, s:JIir;..;t t",8 emplc)omeC".t l-:~. ()r rer:-orrr1~nrJ em¡;I(;r'YTnr..:nL lo an,' Ihi:-j part)' at 3!'"Jï em 11ojl~p. fll t.1.....J (JI':-II:1 N I!,
~·_tb::.on1ractcrs '/.·ithau1 t....e prio' '1In~ten Rltllh)'ilalil)!1 <.1' MUI.UfUltJ. Ttli5 prurJision ëpphes ·::mly to 1ho~ f!mplt)~'€:e$ :)r
MoJh:)"ola or its &ubeo....trac\ors ,...ho are fe3r')OnslLJle br r~rt(:mir'~~ ~cr....iç~ under lhis .A.gÆ-ement, If thlfl. pllI\'billrt :'i rU1JI1I1
II;' 111.1 rY\'TJ ~t~' !JI"O:1d under appl -cable IS'jll i1 shall be rrY.)d fie.:r ~ nOC(}.$f,:"Jr-y 1<) ClI r,'orm ~c ~uch law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All loels. eQJipme 01, dies. gsuge-g, model3. œi1.....¡f g~1 or IJl.hur rn¡:rlcrii)l::. paid for or furni shed b~ Motor(}li~ lor h~ pu, F~()~i",:
cl ihi-S. A{J"eemant \,'11 be æmd remain the sole pmp.:-l1y of Þ.1()I()f(JI~. C...s1omlfJr will &a:e~ard all such proper1~ ',.~-lÍle it IS ill
Cu~torlll;lr'l: c;usto-:ty or C0f\1rol, ~ liable for any bl'9 or dAM~gA 10 ~1Ir.h rr()pJ)r~)', ~r,rj relurn it to Motorola upon request.
Sue ¡ pruper.y ì'11II t:E t",sld by Cus1cmer far Motamla '.=1 u~P. ....1111 ::'Jut cl13roc Dna n'ay te removed from CUs.1CfT1E-rS ~.,.em¡!i.€!=.
by ',1olorola 3~ ë.n~· 1ime ·,'.'lthout le501r:c~io{1.
SecUon 17 GENI:RAl TER M5
1.7 . 1, If Rny :':X)UI1 ,'t:-IH'1~' ~ i.1ny µ1.1I1i()11 <.d ~lJi~ ^!JI ~~lm:lIl, \i ",ullrurt;I"w lJlu, ltlf;J r~mtJinïng terms ·...111 continue In flU brca and
effect.
1'7.2, This Agreemoant end the rtghts and dutlAS of Ihe p~1 ~It~$ ¡o.-i'l tJt! Htwt::rr ~t.I ümJ i-ItLl~r~' uLiJLI in av:;c·rùiJ ìL;U 'hill lIlC
laws of 1he S!ate in ,,.~triarr 1he Ser\'lces are perlC(}'1led.
"! 7.~. Fai!ure to ~>:erc Ise a rlY I1ght '/Iill f1')1 OpEl8te a 50 a WR '.·Poí n11hal rln hll I"I',.'~II u' pd"'ilu~ 1..1,
. 7 .4 ,'".Jei:her p5lrty is fablE for deia~'s [}- lack of perlc(ITance re5IJltlng .rom An, c-~u~es :s.lJ(;1) as Ski ht~, fl1i.llùr Ii] I
S -.ortag ~. ·:)r acts of C-od that a ra be~onc' tha~ part~J5 rea.sct'l/.:.ble- control,
~ 7 . 5. ~ 1o:oro la ma~' ass.~n its liç hts and obligatior,s. and may su boontract S IT,! ~~rtlon ot It.=; p€-rtoml¡;~r..e. L. ndE' this
i'grcJcmcn1
17.6. THIS AGREEMENT \'VI...L RENEW, fO~ ^N ',ODITION,\L ONE (1) Y[J\R TERk'. ON EVERY ANNIVER.SI\RY OF
THE START DATE UNLESS EIH-ER THE COVEn PAGE 5'')ECIrIC.ALL~~ ST,ATCS ^ ITflMIN.....TION DATE Olt ONE:
·
·
P..~RTY ~JOTlFIES THE OTHE:R tN ..·..RITlNe; OF ITS INTENTION TO DISCONTINUE THE AGREEMEN r NOT LE~5
TH.'\'J THtRTY ,:3':)) D.!.YS OF THAT ANNIVERS}.RY DA~E. At Ihe i'\·'niv~r.j~"'i rJðl<:, Mo1crola may a.jju.st 1he pfÌc.£! Ijf the
S-Ny' l:i:!; 10 -~fll3r::t its c;um;nt rates.
1.' I, II ".·'"l:;rc· u JI'Q,,'idG:.i Servi':es aiter the terminatio... or eJCpìratiCfl c·f t~i5 Agreem.f:ont. 1h~ term:s ;"tlu.1 L:l1nditJon~ II) effect
.3~ ~ht' kn(! (I( lh(} larminëJ1ion or expiration will apply to 1ho;e Serviœs and CUltomer 9Qteeg to p;'¡'p' tÒf ~UI;'l ~i(~·,,·i{;.C~ on ~
11f":"f! ::.n·1 n'larnri;flo; h~.';is ~I Motoruta':s, t"en e;fer;1i'..e hou"ly ra1es.
·
·
·
North Richland Hills Data
Coverage Period: October 1 J 2006 to September 30, 2007
IJ,,1t C:J~I To1éd p~
pC'!" Munth Month
LOCI' RI! »ir wlomsi1e
1 tRU 1.~:1l:':X. 1-'1\
1 FRI) C~3Cj; ~1SF
I FRl'! [:~'-'U fG
1 c;rç4 SO
1 (j CC .\Jo~t:T.
1 M~F ~C.)O
1 Muut!m 20111.'''-
1 MiCr(I\Io1'tv( LUlì:
, RNC3IXlù, 3 S It>t
1 ('lj5CXB W..ElSC2l Oú
2 11; ".,.21\1 1':;'.4 ....tMer"
1 .:'t-3A Coniole L'rn
1 Di!'C Xi.I&:h V,r:?T~
Adt,t¡¡¡nud r.plilc.Am.·"
1 R'CJOI:':I~ l SI,..
I!. n ,.; 1.'=.
15.13 S 15,7~
l~J~ ~ ~~r:!
105 ;:16 I 135.26
1 ( .:.It S IT.:;Ü
"fH ,- , 1';7.11
'" 1 0 S '.t.10
;-;3 .~ S 2608 C-4
192 '~fJ S '\!J2 !Jti
']!1 -4 R S 2:!5 "6
20.0{ 40'4
n,~ ~ 1~ 9E-
S 91.1:' !ì 1 I::'
'Sl,e.1
SubsulbCUi
::!3 \' R\1
7' VR\t ~ r·u·('r'h~ I r. w n'1lJl)t:" !) l':1"'nrl1~ (IU'
'I" ':'!'=
12 ~t
·
·
1~1·.~1
t\u""f1bo' o' A ''11__~' Co.r
P-'01rtlil
11 ~ IM.76
1:1 $ Ht!t Iii
-r¡o J 1ð'.?6
14! ~ 1 ,:':I:ì.) I:J
" :5 ~œj2
12 $ ;¡.:JU~.l;(
" $ 1';9.2C
12 $ :J.:¿ 1 !i.41!
1? $ '..')1516
'2 $ :.!.~~./I:
~~ $: -4~1 fit'
..... S 911.52
.:
1 ;; $ '.rEI:' Rr.
I ;; ~ I . L\.!:IJ ¿ II
4S....50 12 ~. 5. f! , ·t:);)
l~.:lJ <J :nro:JJ
i.:)I~ 50" 99,t2
Div~:lurt ~ 3C " ,'f,)
<. crtò!1 $-22_ 3HJ.~
.
. MOTOROLA
SERVICE AGREEMENT
Aim,' ,·,'(;;;1:'-:"" ~~.,,~. &l,Cta1
~:'/\}/ .1:-:15' ..4.9.....17\.1..... .~r.b(f
&",'ðt.y,'6.:\'Jt, .'1 &,1 i t'f¡
'8'00.1 )"'7·2,')·~6
Ccntra.:t Number: SOr.OO 1 002{l85
C<Jlllrüct Modifier: RNG2-JLJ l-05 09: 12:03
Su perc~df:~ ^9ruo]men~(s):
Di1te: Ca.'21/200G
C(;,mr~ðn~' ,\Ie -ne: North -Rìë).lanc HiII~. CI(.,. or
At1n:
Oil! f~;.] AlIdress: 730 1 N~ Lo:)p H¿I.)
City. SlLlle. Zip: N·;:)rth Richland HII15, TX 16160
Cll:;lorlcr Contact Capt Mike Ycoog
Phcoo: 1817>427-7003
Fax:
Required P.O.:
Cus1o-m&r # :
EJilllo Tag # :
CQOtH1cl SW rl Dä1e:
CQllll w:;l [mJ Date:
Ar ni"'Cr$¡)')' Da)':
P....,.rncnl Cy.::;k):
1~:c Exempt:
P:J .# :
Annu¡1 Prepay Olacounl Applied
\Jo
1000720/01
0001
1 (,\'01 .'2006
09"'3~.·2Q()7
Sap 30~h
ANN UAl
Exerr,pt From All T i1X(!$.
I o.'L i"'Od<>'IOP'ion D8.crl~Uon -
...... RUGll"inog Scr..ico5 .40..__
: : SVC015VC1220C RAUl:) l¡tl'AII! SI ¡{Vlcr
U:'C02SVCO~3C_C SP - LOCA_ HfPAII¡ WITH ONSITE RESPO .....
SPEC IAL INS TR UCTION S - ...r4~., :-;TAï=W;.·n ,~. ,".~JhÞ t,,;to: ì St.'btol~1 - Ree... rri~~ Services
rrr.Mnt,..w:"r r"HIi.Þh~h~ Subl(Jlal - One. Timo E'lÐnt
S'JrYÏc:o:p
I Tol~11
~-.. -
i å)l~ -
§r~nd rf:t¡'J'-~ S 1 ,865.2~ S 22.38,S,.¡-S¡
_ - s.., rrt:. ......,.. """"11 'I'll"'" c.....f\.n1
¡"I:sn'h,u~;"~:J~~~~~~ I'~;Z~~~:~I~;·::~~~~I~./-~~.,~ Þ:"~ I
..--.-
-I~)' Exl
S 190 12
, -
Ex.t~n~
f, ~ ,389A ·1
S 1.665,17
~. 15,994 .':..1
$ 1.8i:).!,.29
$ .C<J
1 ~~, J.5J 48
$ no
-, -
S 1,&5:3.20
S22.3~,3A8
_J
.
rS.ubc,ontrac:.o~(s L
I Ria. 11n ~LPp~'r Œ~rEn
I':=!w CO·'1ÞAW~ICJ.TI()N5 iNC
City
ELGIN
'I~ijt,i¿;
. -
Slate
IL
!T)
I..r.:"'\/II&I !11111_nt. n( ~'II.,r'" 1'Mt .,."rtÞ~ 11M 1S.1"#1t4llJl'C"I1dtod on 'his
.....r_'"III1I. Mah:rala'. SWVCJI 1.""...ncI C,,"dl"MI~. . ~opy _ what;" I.
..tlMm..J Let ""* !i....I.:. Agrw.m....... tnl»'por,"eI t-",..." by 1h", r~n(....
1~.lITtiORIZ(O CUSTOMER SIGNATURE
TITLE
DAn::
CLJ.sTOMn~ (PRINT Nl,ME)
MO-OROl,\ REPRESENTATIVE (SIGNA-UR~1
-., ..
TITLE DATE
PHONE f^X
C~r~1c. Jl1t'n::ll")n
MOTOROLA REPR:SENTATIVE (r':lR.-NT NAME)
.
.
Service Term!; and Condltlon~
f'..1u!.:Jn,)la. I')'::., :lIroIJgr, I~S Comme-rclal, Go '.'en'f'!1E: r,t. anc 'nd Js1ria I Solu1ior s Sector ("r.btorol aP), and tr e':,-' s.:c,rlër
'1~)111t!11 in Ir j~ A9rAp.m~ot Ç'CIJ51c..mer"). hereb¡' agree as blows:
Section 1 APPLICABILITY
1....e!=oe Ser.'ice T3rms and CunditiJIl$ :JpJ.lI~ Lo :;;or.'ico oonlr¡)cts whereby Molomla :1g'p.es to pro\'lde 1(") CU!itnm~ P.m~r
< 1 ;. malnte'1F.1nce. 5U pport and,'or :::Jlhsr serviool:; 1J1~ur ëJ MululUl4.-t 5t!l'-,ice AHr~t:HIIHn t~ (Jr i2) i"~tAII~I"'')n ~ep..i(;t=:f¡ IJ11I1ti:" ~
Mol nffJla Installaticl1 .A.gre.emen:.
Section 2 DEFINITIONS ANC INTERPRETATION
2.1. "^!,II~~II1~III' "':~IiIH, ,,.,ese Sef"vi:.e Terms :.nd Conditions; tho :over Pë.1gf'" for he SC1'vi~ ^Urr.:ernr.wl Uf Iht.:
I n...~ülli.11 itm "'fF~me('1. as applicable and any other attact"1monts, ûll <.1r ."hkh iHO II1I.:urporU1,ud hcruin tJY tlllfj n: '¡:u:m.t:, Ir'
intcrr.'Hclinq Ihi~ AgreeMent snd raaoMn¡;J an~' ambigui1ies. the&i61 ~r'lit:y TQr"1S w-.cJ C(JnaJì(j[)·,~ '.hIt ~i1ke pre-L'(~Jf~'\I:~ aver
ttny ';';.0'1(-( ~gt,}, and ~he cover page will take preœderc.e c;var::any ~11Ii1r;hrrulr1l~, [:nln!'~~ 1h~ C.OVP.-f r~op. c:.( a1trtf':IHnp.n1
H'IJI,:irl(;.,~II', RI::t'~~ n~h~r" I!;.€o.
:22. or qlJíl"rll~r"'" rnf-:-i1ns 1be eqUl pmem 1hat is ;pedfied i'"1 lhe ~ Ilm;hmufl~ß 01 "~ ~111r.;¡n<;11t1n1l'~' fll1·jP'11 t( Inl~ A{~I ~1'lf.o('I1.
:2 3. "&~"II(:(>~:i" mC.'"sf'lfì 1hô£d tn51:3 'Iaticn. rr ain~ena" œ. &Upr;ort, tri:lirainu, <t Ill! ul hnr SÙI\'¡c:n~ do~c.rlbêd in t'ìif.. l\greo!:ftH·nt.
Sec.tion 3 ACe EPT ANC[
Customer ï:1c::.cpl:.; thG~r~ S<;:''''ir:(~ . tHrrl!, 3rd Co....ditiol·s and a grees to pay ~he p..ri:,es se( fOfih in tne Agrtxm1lJr'l Tills
,;;¡rasmenl v,iI b~{omll hinl1il1Q cf'lly '....he-n 3c-.ceptec in 'IIri1ing by Motorola. ThÞ3 1erm of Itus A{~m€,",,,"t .....111 !In! J III ("In 'h(~
'Shut Dc'tEl' lf1dir.:nl Ol! 11"1 tl11~ Ag '~p.mert.
Section.t SCOPE OF SE RVICES
.:: '1- Motorola ,,'ill pro" ide Ib.,.~ Snr\'i(:(!~ flt1fìr.flhih": If', thl~ Agr~men1 or in a more de~al"ed sta Lemen!, ur VIOl k c,' 01'1(-1
.j:-Jcument atta·:hed 10 1hi~ AI-, ! :;,crncrl '- .A' ClIst(JmP.r'~ r~quest. M01orota m.s~· a Iso :>ro.,.ida ë:tctlilit;f RJI ~rvil';t.::-:; i.il \11)!11I' )b1'~
:hen-applir:;i:1bla r ëll~.t::. rur ~..,J~:" ~I v)(,e:-..
.
01.2. I': Mo:crol&::l i::. ~ru.. illinº SCr\'lces tor t:: qu. p"·,~nt. Motorola PElrts or ~ë1rl::i ur ~~Uë:t II~ uüli I'; "'Ii IIlIu lItit....j. III~ h.uipmen'
'1IiII be s( r~'il.:lJd u, IU'o'ub-; *1 r: II U) In the manufacttJrer's prod uc;t miJnuiJl:s.; iJnd rQutine :s.e,,·iGt:! I()(~I II II p.~ 1:'\8t Me
:,res:.riboc b)' rI.Qkm:,;.b VJilll~~ k) awed.
4.:}. I( CU:-;l:'1I1 '~I I" It It 1i1~H5 1r'....m Ma1o-ola adci1k'nÐI oq',;ipmcnt It -i1t t.Þ'::WI~:.e~ :.>art L)II hPo ~ame sy!!tem as 1r',e 'nitiel
[quiprn.ml, lh~ ..~l1ditlônal equi~merrt may be EJdced let ~hi~ ^grcl;H1unl .:..IIILI will tJt~ bi~lea :31111e ap~lic9b':e ra.tee a'fter Ir,=,
1....'tJrr:.Ult~' Iur ~lJ .:'l i:' dnl 11(......31 eq uipme nt e:xpir~6,
4.4. All [qui':')'T\~111 rn'I~' tJe In good ',,"orking order on tho Sl~rt Dnlc m ....'h"r', 3ddí1lofal equipment is acded to lr'.J:¡
.t\:] n;cm(,;'i". U pnll I û;1r..ooable ree U9st by MoLorolia. C lI~lon'm will pro...·lde a complE-1e seråal and .."cde! n lImu'J r '-0;1 ql I TI:!
=~l)iµ'r!{~'f'I1 Ct..!\.'ome-r mJS1 prorropUy notify MollJrolil in w(1hrg \\¡·"p.n an}' t:quipmen1 is iost. dama9sc. sLolurll.)' 1¡)ken Oó;1
o~ s{;rvi~·JJ r.~II!-1lr,>,.t1~(·~ otJliga11on to pay 5arvtw fu...:s fOI .$I.)~ f.qlJlpmEont will termlna1~ at tl" a en:J or the rno'1t~ I ill ....~ ".t.,
MoLoro~ r:;coi'lúß $U(t1 ....Intten no1ic9,
4.5. Cu~;kW"lÎ!1 M.J~.1 !=.pP.Clflcall}' ident'f, anI' (\~uipn't:nl thi.l~ 15 \a::.eleo mt·lnsically safe :cr u~u irl "'¡'~Li.Jf X)~J::-'
en\·ironrmJlI~~.
~1.~3-. If Eo:¡ lliµrnJ)nl r:(lrlr'lnl. In Mctomla's rea&'Jnèltolu 'Jµir\lOn, :>e prl1perl,' or eoonanica I~' s{; r.'icu-lJ Ir..."-t ~ II,' I ~ii~O ("'. Motord¿
may rtIDdif~..- the ~D'..:,µ(; 01 5f!r",1O?s relate::J 10 sur:;h El uiµn1U11:" r~UKJ"'E' such Equipme"'lt from the A(;rCt.:nl~II', af :.-.C:feasa
~he pr œ l;'l SurviL:1J t.uch Eql.,ipmen1.
..1, l. Cust::tMsr mm;l r~!:)rnptljl n:1~ Mot:)rcla of &::In)' [l 'JiµllI~plla hJI~. Molorola will re.sp:md to Cusk}m~r~ IIctiticaton In
arran ner ::.oll~it;";1I1 willi Ihe le...el of Service purçh~.,{'~,d .¡,~ indicated in Ü""is Agreeme nt.
Section 5 EXCLUDEO SERVICES
!i . . Ser/i:.:.e oxd'Jul,;~ It-.: fi.!paìr Of rapfëœn-enl ot [qviprH~nt th9t hs:. btKome dafecti\lc c' çi1rra;:I~;I:d 'man use in other
:han the no·m¡11. çU:5lmnal')', ,ntended, and Bu:hcril<.:<J Ifl;t"u)e(; Uf.8 n01 in coT!plianC6 "lith flpplic:ab e Indusr.ri stan(i~ln·J.o;
eX(;Ðs::;i'¡~ 'f/f::m ..111" t~i1f; Of accider.1. liqu d~. J.u.l.....m f.1JI gE-!l, n~k!oct. acts of God or {Jlllnr fnrr.p.- tnflloF.!ure- e\'e nt.s.
5.:2 U ".I~~,!:I ~.pe.l:j .e;all" 11" ~lud9d In Ihi:; 1\9r1:1: ·'t)Ür'.1. Ser"ice 9xcludi5 il'!m~ "1.11 are consumed in th~ lìormill (");-If:r'ì'\110n 01
¡tll': rqui~:rne:r"¡L ~1J..:h as ba1ter9s r;' "1;1~?nl'!tie ~3¡:e5 :Jpgra:din~ cr roprq~"tlnmlnG i:::quipn1ent; 8ccas&Ork~:.;. hAI1 CilpS,
~I&tteri chars.:?'!:. ç .Islon· rY :=;r~r.~1 prcdlJc1s. T1C<: fi~vj ur lil,~. Or $0 N'''I 8 re: an·j repah or m:\illlur' i.tm;t,~ 1;1 ~ny transrnis.:;io'i
.
.
!tflr:-. 3f1t~nn;1, lï':·.!.;·,.\,iP.'I! cq,.iprlll:rl', ~IJ'."lJr (lr 1)\\':;'11 "ghtinq. -:1U¡::;lio~er. Gombl"'ter. :)1 r"lJlti ::IIJ:) ¡~r r.... ll:.n:.1i. "13:' no
,,")1-' !Oõ1h-:.V: tnl ;'tll"!" II .:·II~"lì ";:.'1011 l~h;dillrTI ~I...:tl "~:. ît:ll"='phcr.;- I ines. (Olllp:~ 1~r ,-' f:'t~·.\-..rk:: I'": il I;,!r I) !t ',H I hI;! w'Jrkh',.j.-:a '116".),
or tor Ec .J'plnp.11t rr :'"11'11111":1 i(ln (:¡.'II.I~;eÙ h' ~:1.~:_··1 If ül .:.;rlli:.:.~ (.III rì€tdiu'rl.
Sëdlúl'. Ð TIME ANn PI ACF OF SFRVICF
~..~~"..I~P. '''r! :..e ~1'1)·.·Ìl1(>:,J ;) t U)(! hxiJl iurl ~.pl,:(.·i rtr.:iJ ii' this ¡è.)~"ttl..;·nlj r't. ):Vhen r-.-'o\l1rolrt rJt~·1~:(rr~. ~;t:('''I:"~ ;'ff (:. ,:;1-: II w:r ~;t
ÜC..-ilIO··, C,.~!l:,fn~1 WII' pll-nJt~ r"( k-II;~,j. ;,1 rU.1 .t1'-W,IIJ. ~~":)II t'~~'::;JdUL :: '...'orio: en'\'iro!"'Jmer1 witt, fu1¿.qu;:7jt.::- ::::11:-111":1 '1:.:i.11
light and pc·",,~ r a"j .',1h full ~I'd ~(et:- i:¡~Y:t:~i~ ~(I 1I't- t: IlIìr:·rt~'· II \'V;w¡!_:r~ ·.If 1i¿lbilit:, ;rcm r',,'o~crola Cf it; :¡:...bcün1, ,-;,o.:w:. .'.~ I
nol :'9 Irr: p::tsed as :: ;me S l,:::ceB~ reC¡Jlrf:-·tl(c·,il c: ,::'!.CI )' t!' ·....ÎII rlll,:\·icl.:· ;111 Îllbrrn~J~ifJn ¡::·:::rtûîn -19 t-J th e -18 rdo'ert': i~fld
:dt'.·~·MrE ~Ie-r- -:-nt5 OT .::in , Sr'S1=-1Y. 1....it~1 ....¡. IC'I tllof: E .:¡;. ¡pml!l: I:; Ir111: I;(i:i":~ -'~': I ha: t.1,::,[.:.rcl:.;. 11':'Y ~-;.rf':'nn it:: ::; el"/ice::;..
Unl.:::=;::; t:'.he-...~5€ sLatej n n-1!1,l\.greF.n1f.r-t. trp. ¡':-IIJI~_ ç,t :~jH\'IU! '.\'111 t'f~ ii :il: ;1 111 !¡ 4 :Je r-: 111,. IC(<I' ~im8. ~:s:cluc fig
·,.,€e~t'nd~;¡ :;nc he/ida'iS' Unless ot'"ler'hi::'f> ~,1;:::f:C 111 Itw::. ..~{~(t=!F:·'t1t~(.I. tI..,:~~ ~lIi(:(~ f·) III"~ ~..c.Jr\'ir..:IJ!.i t-.JH: utJe ë-n:, ·:r.3rgE-!: or
-3:~pen3es 2:::5c.:ia1E:d ·...~I~h h€li;:.¡,)pt;.r Üf üt-I~r UII'..:"IJ.ìl.~,,'~'.t::=':; ~: I'II":"III~:"'~,. if lIl!.!':;I"; dwqlU~ !Jr ~:p.;~€n!5t3s are- rEo::3~.rm8t"~'
',-:U ·re·: b}' f/ =.t·:'rola Iii re-"ldt'Híng Itl~ Si:I\·j,::ei. (...LJ:;i ',:·lf f.-( '~'~ I ~ ~ t.: I r '":lIrlhv~;(' '.1c,l(1r::l ü ::Jr such c.hùrç·es and eJ.~~¿.n=.*,:i.
Sf-dl( ,,7 CUSTOM ER CON'T ACT
Cll~1Il;'frh~' '....,11 ¡:ro',Idt-: r~I'~lbll:<,~ '1.' ill , dt::.~:i!I":~lt:d ;llIi",~; (:.1 ~:OI I':K: li~;1 rA nùm8:: ùnc r:·I')OI'-:' ".umt·N'S) 11iat 'MIl Lt=- i~'h:i ;11.·o;-'
1·.....)( I~. kll.: U4 111:1 ~!; I :~:' c; I';, !,a ~"'I.:I! IJ: II.,!",-; per "":~ck, ~"'1t.j L)" \'~'':::<1 Itltion pro:.edurE 1c en :ibl¿. C.. ~:(J m~r':1 ~':'~I ~;: 1I'I(1~ t II
rf':: flt11( (:.)11:;1..:1, ;'I~¡ !II~C~.~ :-:11. \'.'111-. ',:1: ¡fill' :'#
Scçtion 8 PAVMENT
1.'1 'I! ~,::; .J .::rrJ':i Ii"''-~ p.:;.y 'n..;nl !,~rtTl\; ~1re 1: ~"€IClfi ::.(xl~t sta1';;i": Ir lhi~ ,t..greO:-ríle.nt. Mcor,:Ü v..ill n·¡Olc..: C:u-;;t(I'Ïlí: ",.¡ 11''';-11 11:1: 1':-1
'; d IIi I"~, I:: :111 ; Illri,·:.·,i A (-,It! ¡;¡r r:.I·,¿,rg~'::i will 06 bill.::...- ITIC,')tl-i)' rind C USl.:JITIN r-.ust pa~,' E:G::" j 1",'~':'Ji(;€: in U. S. ': ¡ III.: I!; 1.\.'11"111
1,\'( ¡)r:~' ';':)1 < ~ì~'~: -:·ll.Ilu 1I1''-lJi.:.;(; rJ.:.IltJ, I:.LJ~.\I..;.'I (:T ,) ;.)fIJU:.:i l(} rt..: IrI :-,ur:';1j M oLJrcla ~cr ai' ~ft:JpE-1y t:-:.xes. 5Rle~ ¡::Vli't IJ::,~ t.1~~~;:;
-,:Xt: ~~I.! I¿:):-.~~i. ~:llIj 1.11.111:' :~l.l(fJ~j IJr i.l~:':G:.:.o;fIIl..:rrl~ hJ'~'iulJ :J~' rU·::it II IJ( ,:::<8r·.'iGB~ rendered ur·:jer this AÇ-F.'p.ll1E-nt ,:f.ouo:=-pl
Ir·...:II·I~-:, In:"." ...! T.1Ir.:'lm:hi::,;c liD.t::; d t.. :JI(·'Ir)I.~:) t,~y ï:Ir1Y Jo'.'Crn 'TlC '",tJ 1 ontit.\"
Section 9 WARRANTY
~.111'1)1I11.1 '.v: rr,)III..; lhùt ;¡~.; ~.r.:r,·i('ç~ ~Ind.:.: r !t1i::; .1'.fJr'.:crrtcn~ ',,,,,, t:·: Irce; of d.;;J'ect:: in mate '::il::. artc ·I.'C~··... rn.=:.n:'=, It,.'.' It:..·· ;, pI:: ·.:"I(j
II' III I'll: >r' ':'::':'': d~I~'~:' 'rIY·. he I.k:k lhe pl..~r!crlT1':'1I1I.:::.' /)f lI1l~ StT"I'::C~ ,:; ro :on"'pI8~e'J, I 'Î :he t?"£-nt of a l.J"'ei~ch cf th!~ ',',;1;'. ;::,1l:"
I: _"it!)11 (""; ~":,I": lI:ïl'.~·h· i~; 11.1 '8!llIir~ ·.klk:r:)I~ t:) fl:l-pwk:"·1 h~ n(1f1-;.t)nbrmin~; So€lr....ic:Ei or OCt (8~un,j. cr· 3 pro-rat.s ::'3£'::,
I-~ r~ f'~, P:-I .'J h·:·" "'1': 1"'111 '-::"IIIII:¡ I~a ":1 Sf~('~'il:'-: t.~( :,1 0: :'I~ O i\ I :1 ~~I: '"\1 M S lJ,,1 I (.--. ~ R I....I.~,RRANTI:: S. :::XPR ES-S ")R
1\1fJLlt:U. ')J(;llL) NC'; Ttif- U\,U·111f-') ','¡.r',I·~I~AN11·':~: or r,.,·'I-'~CH..,t....Tl\[l LJr"".LlJ'D FJTNES~ FC'Rt.,F'ART:CULAF:.
rJIj ~ r I (".L:d:
.
S[!(:1 i(~n 10 DE F AUL THERMINA liON
1111 II t-Ilf I~~I pi1·y:Jt:':'IIII!.~, illl'~ t.'~I(lJllllill'<:r I I IIli~.; i\!i :~~IIIt.!fI( illt! t:(/IU r.-'=-lIl',' ',':ill IV....,; lI.ll· IJ rrr.:!--p-:£!rfr"Hminll :Jtlrl.... i:J
·.....tlrl~1I i111t1 , ~I;";;It~tlll.-:.lj.-:t~ Itlly,t~:~d;"I¡1 T Itf' rI':"I'· lt',· r;.'n·I'~1 piul', ,...,ill h;.hr,: I.hiï',' !)Ü.: ç,:ry':¡ t~.rj")ù~-0rtJ prO'~lidl) ::-, 'l.'nUcn
;:~ ! -: r, 1:-.. .~IIIt·: '1Ic 11, ~ ; I'.JII ',It; II i!'. . ¡ :'-:1 :¡:'~i :,I..~ II , ·III~ 1:1 111:1 ¡:_) Iy : 11111 11I.:~;'fI ill Jk:rr f,~nl. II!:I hr_~ t.:.IfC p ~1fI irnmr:;'dialtd~' ü~l:..:r ~obn
;32..:··C:'-,;3;, If :1-02 1'.:,n-¡:'£-lf;Jrmill';¡ p;~rt~, ~;jll:; Ie p:'o'/d!? or IrnjJlE!mel'~ u-.(~ (1..;'[: 1'1h'l, 1111':11 111f: ir"jIJII:,J pilr:~,., In ~ddi:ICJ 1111 illl.·
(I " hi::;' rl~t,tl\ ;=\·.'i=\1 .:.~tI~ 1:1 II IIno1p.r I;'t'i.' n~I.' Immt=:l'1: ;18y t~rmlni11t=: Hìl:='. "\c.:.~(t~':~It)"·,·ìf t: Irl: ~1 v';: t Jill!(' 'JI'"'' II; rI 'hritl::1I r'( ¡~:I: It'
t<:?rr"'ln;~II,::" ..... trl!::~ ~~r;1'. rttr':J rli-ir:1'
, f'J. ¡','-I~" tp.mHn.:¡t~)n nt thl~ AQ'¡::.pmeI11,.,,.'1f iot rE-IE"ie e-ilher par:y .::,1 nb.:lgRtl( (~:¡ prf:-\' ('111:;11' :1ì1":I 'ff:f1 pU~"IJi1r1 tl' II".?;'
,:'.gre ~men'. I'- ~I urJln9 ::'R!'r-.f?lr:~ whl·::r 1113]' be due ard :'-ùïng al ~he tlrfiP. of l~lm¡n ~llon :'.lIl:l.Jm~. (I\·.f!d ~~.' C lJ~t:)mer 1.:,
t,1C1I:Ù11.'3 '-":ill b~~':'(;'ì'';' ':: IJt! and paJ'abl~ immediat?I~' IJ ~)on terminatiol1 of 1h!: AgI8~1't?:'·,r. L pen 11-;. i!ffE-:ti','E"! date of
h~·wna'i(Jn. t..J ;)£:'11.:.103 ",Iii: h.s·lfJ",ü ft.. i." el oblig3t ::In 1e· p <:)'/de 8er,'iG€ts
St~,::1 ;(m 11 LIMIT A nON OF LlABllrTY
T':I',:' Iílr.ik:io.~11 ,-If li.::bilit~f· VI.I,..i~,îl.lfl ~.;"h~11I ;.1(.pl:r nlll'h!J):,-it::Slht ';t :-1r 'll:nnlr"'~I'l rr:)·.·I~jllll III Illi:-:; .....Hr~~11I~1'I1 l :o:r:p.r:1 t.:-JI
pi:' !.i('.f ;. Ir L'r'~' ':,11 "h.:,,: It-. t./( 1I:.lfl ~ a'~; 101.-'.1 ; 1:'Jbi II ' ·.,'l1eh.~ r tm tJ '''=::,:-:' (A 1'::lJnU:KI. '.\';)11';11'11 J', ...(~9hç;~"!- )r;f! .~: 1(:1 i~b ¡Iit~, in 1crt
I.:· ¡:IIII:I\\·:~:(:. ....Iilt II(': liHl h:tI I: IIII~ :Jjrr~::! ':~¡"llllil-:'i-:":~ It~..x;,... t=:(:~t¡ t.! lJIK:tr.r l~j·..,I, btJI nl~.II<) ·~~X(>.·f:I1I·'·,i~ PI ':'X~ f)II'·I' ·· 'o'p. (12)
rnlln ~I' ': I,:' :.; :JI·..'ir,:u lI'I.:"'1(y.:1I IIr..-fI.!r I~ot,;" A:'?I :-!I~ I}"~·"II l'.1 I HOI..'( 1 H J Hr·2'\1 { III-~; J\L: I<r·\ (JV·.I I I :,( ~ I i HI- P():-~Sl H ill 1 ï Ut-
~, UCII LCI.:'; ~,[~. CR Di', ~.1i'..c;:: S. TM [Y ~\(~ I~ ~ 1- 1 H,I\ I r\,I,o I OROL':'. ·~I\ql.L NO I Ht-:- i.I.~ bLr: r- ()H lo\N '( C DM"."E RCI,AL
_ ;)~,;S. I'·K:·O t-f'/[t'-JI [N C C. I.':)S,:: (} r U:-1F, ;Îr·..1I~ Di' 1 ...... GC~)L:' '~r,'ì L L , ~H:: '.'-t "HJf::~:, I : I~ ~)t-II ~~ c+{ ,t-;:'. \'lNC S, :)R
,~~, I \r I ~ ~i;~ r CI/'.I . !r'~ CI:JL t·J - AL, IN L: II ~E(:. -I , ()r~ C ONSEC UEN71AL DA~,.1,~,::'EE: It·, At·",~" "N~ Y RE LATE D TCI C R
.·\JnSING fí\OM THIS .....G~EEMENT OR Tt-'E PERFO~r\,'ANCE OF r:ER'y'lCES B'y \,10TOR.OLA PIJRSU":'.~,T TO -11 iI:~
,'\(-::' R =E '.1E '.JT, t,k ;30:ticw br breach of ~hi~ .~,gr€€-r-E>'ll c·' c ItJ'.I n.... ~I] r~ ill Ilg lo HI(I ·,r~m OJ,: elic·t'I',:. "J.',nl,:3ml.t~·I~~ I ! I't' 11'1; .',
il,q "::;'p' 'I"E-~:t m:1l De hrc'1JQh~ ~ort3 l'1 art onE : 1) y'?:.r .;i r·.IH lhu i.ICU _. dl ':Jr ~..~lJdl l:i:1U~jlJ uf ,~lC",:h()l\ r. XI,"::l,l. (:.11 I' lur !~.¡ (Jilt:: J~~(''',
,:V oper 31:COU -1 Th 5 limili:1Lion d lüln: ,h' '.'. 'jlJr \'i'.'I_~ II ,'-~ I.~X i ,il ill illll : II . I :lIllill~1I' ~ II : II ·lli-¡ .'\1 1":~~~IIIt- Itl
Sec110n 1£ EXClUSJVE TERMS AND CONDITIONS
1:¿ ~. r"1 '5 }.I.gr¿.EH'ì8ni :: .J:J8r ,:::.;...:JU:.... ;_JII UI il." ;I~II.I 1. I.:' ;,. II t~1 'I ,illl .-:-t'I" I~I II ~ :il tJ LI ÌI ¡~I ~,1.1· di' ~J~ L~ ~I ~·.':':'P.I·1 t 1'1-:: ~,;11 I~S "..ho:ho ~
.
.
wrilla., or oral. rela1e<l ~IJ the SeF\'i·:;a1:i. and there are f":) agre6f"19fils or rep'esen4a'ions c:o....c.9rn"9 he- subje:1 mal~ar of
thi~. Agri::l.:.:~.;nl r:I..;cept r·:)r th JS9 ex.pres~€td hEH'=3in Th~ ~'aJ;,"I~t rnø')' not t>è é:trn~ndgd o.r rnrJ(Wigd i:txçç¿pt b:~ a w~ih:tn
~tf..ï<_:t..:rnr;'-·1 :-.~ru:,'1j lYlj t)i.Jltwrilod rupr(!~Cn'rIU....es (\f tlO~ll fI;~r:le$
1 ~.'? {:U~. ()lfl~f i'1g((''!~~ In ra-1p.Ip.n.-:A 1t'"!1~ AgrAP.ftl~1Ì1 (",1., :1n~ "M.J'f.ha!=.f.!o örnf!r Issue..i 1('1 ft. r1rll~rR{)CA nr th.~ Aor~f! 1'1(-:-1'1,
hL':'h'f:'~'·er. an omission c11he rf.!terer.(~ tn ttll5. Agresmer1 5o"\all not effec:: i1s epplk::.abili1y. In no t?'/ent shall 3ither r.art~' be
LX:'ltnd by a''1ï temlS cont.;inec tn.; Customer p'Jrch3s8 ,:¡rdsr. ack'1owladgemerYI. or ':lther writinçs IJnless: ( ) ;SL':r
pUrCI)95,e Co··der. ec~.now e~eme '1,~_ or otTer writing5- specifically refer to this Agreement; fii} clearly indica1e the intemiof"1 c·i
bmh pal'1ies Lo o\'erride and modif~' :his AgrEilElmant; and riii) suer purchase order. a:;:.<nowlad9um.:.;nl. :>- olh~r ·Å'ril·r,gl: ~r9
E, gned bj au~he/'iz-=-d repr-=-s-9ntati\.es. cf bo~h parlies.
Section 13 ÞROPRIETARY INFORM^TION; CONFrDENTIALlTY; INTELLECTUAL PROPERTY RfGHTS
1 :~.1 Atl)' IIÌ'Ürrn;1;I()r) (J( datslo 1he fom1 ot spe.C1fication~. ~8wings. reprints. tech n j.c.e I inf::arma1ic.n or other-...is€' 1um 5hed
hi C ~it(II" ~~I' ¡jnI1~f 111!i, Ag(p.p.mf:-'"I11.\' rp.mBln M01arola's r.rOpEr1~'. wiU be deemed propri.:-tary, .....iII be ke='1 confic-:?nbal.
~fI( 'will tie ~ lcmf)11)' re~llmer:t at M01Ctola'~ reqLle!tt. Customer m3~¡ not disclose. ...,ithout Motc(ola s written peril ssior. Co/'
;_~::; Il~quilt~1l tv kiw ;'11', .~lJçh iIi1L':t'J11~IiOIÌ tjr dAta 10 Bn~' pe-(:¡on. or Lse such jníormatioo (lr data its.elf for any ~'lJrpo;e
r:·III~1 Ihf:n pp./'Clm¡I,·g lis ohl~~!itioo~ unde-t thig Ag-€-emen1. The abliga1ions set forth in 1his Section will ~U~'¡'~'8 the
r,: Þ: pÎ'l If illlt IIr 1·:~rII..it'li'l hon of tl'tl~ /\;lr(~<:!m~nt.
'l:t:;, LJ II t'-=!H! IItll~ ",'J'19': .=tgre.e-j In ,...rili~.g, no ccmmerdat, t "-I-snda or te.;::hnica 1 idorm ùtion di:3c1o.:;.;;:di" ¡]n,' rr.t'tnr.cr or -:.1l
; nv .I1I(! [y C J~.lðnH~r 10 ~.)t(JlûI3 -..\'ill be deðl"l'150d £,¿Ioret cr confid~nbal. Mo1orols wdl have no obli!;j albn to prcvk ~
CWdO )f'f ·..lllh i1ccegs. ~c its con1ide-ntI31 and p-oprie.tsry informs1kn, indlJdng cost and pricing dala.
1:).:~. II'I~ /\g"êemet11 doe-s no1 grant directly or b~ Imphca.tion. es:oppel. or o1herwise. an,' O',';nership righl or Ikr¿.'1!:iB
undE-r 3n~, Mð1CfOls pate:nt, oopyright, traGe s eClet. or other in1alJ.:.c:tua I property includ ng ary jl'\Lr;.ilecbat pr:'p~rl~' ¡:nj:ll ~III
;~~ ;=t r~~.1J1I Ltt ('Ir rAIR1t':!d 1L1 the Eq .Jipmen1 sold or Sen.rices performed undef this Agrai:,lfmmL.
Sed ion 14 FCC LICENSES AND OTHER AUTHORIZATIONS
O::,,~tmnp.1 I~. ~L)~I~' re!=.ponslble tor obtaining I.~nses CK c1her ëJutlioriza:ion,5 rer.:¡uired :Jï t.he Federal C{.'rnTiJnk:a~ilJrJ'::;
Co rfjli~~tr:", (j(,;n/' ott"lp.r 1t::<:1eral. st31e, Dr locat gct\lernment aga'-IC)' and for romplyin!; wi~h ull rvles :md rrïl'~ul:H un!;
E-qulfed bi' su':" aJel1<:í~:¡- Neither Motorola r~::-r ani' or its empoY~lJs .s. an ug cnt tU -Cp~50nt~1 ii·.'c 1.11 C u~tc.wlt.~r ill ¡m'.
;¡O'/€, "ì~IT6'1la o'V'stters.
.
Section 15 COVENANT HOT TO EMPLOY
During tha term of1h¡; Agr8em.a-nt and ccnti1uing for a period or two {2J yc.ùr.'3 (h.::rCi.ln.r~r, CU5lornr..:r \\'iII noltlir(~. 1~1··9i ~Jt~
'XI cont·¡:¡c~. .;cI i:~t l"',a ernplc)'TTl6 -It of. or ~O'Jmrr.-end I3rnpJ.:.ryrn~lìll-;) èll1Y ~hh..'j p~r"" t..)1 ~I(' 'i IJm¡'Jln','11(: ,)i M:-J!íllúl;J Clf .1:.
;ubconlradc.-: withol- t lbe prir>r '/Jri1lan éfllttlorili:llic')1l llr Mr;<lJrol~1 This prr)\'i~ÍI)(' ap llk~ (,iii.,· 11) [hl)šf~ ~ "' '{lln,'A2'~. r/
\,1oLor:Jla Dr ì~ subcon l:'¢drJrs whu i:lr:) ru~,--.;)r~~lbf(- 1ür rúr(Jür1 n~} St}I\~Ces U/10er rr,ts ¡\grOOf'rem Ir 1hl$ WO.¡i5- em 1:=, 11'11 wd
.U bl'; t)\'(,;r;'~' Llrt..\i,:J lIII(.H..~r i11;plil":i1uh~ I¡;.... I il ~,11i111 L~ rlll)(~IIit::"d is!\ ( t'i."t::'$Sr1 (y t(J CÜnf(JfIf'1 10 su..~h Is·...,
Secti0f116 MATERIALS, TOOLS AND EQUIPMENT
All t·:)o!s, 8q uipme nt, dies. 9tJU!;'£:fS, mUtJ9~. ùrö'"iI1~':; 01 L)1t I~I lïa 1t::d~l~ ~lai¡J It)1 ~II I~Jr Ih~h~1J by tl('JlfJfl)tFl 1(Jf :l1e purpc'~E
of 1h s ~r=,em6f11 will be urd remùin :he SQlc p'Upcrl.,. or M:Jkm:,,(.."t, ClJ:slo!J'~r 'Io\'íll !u1Íi'!glJsd all 9uch prcpeni' while it i& in
Cu::.tomcr'J cu:.;lo::J" or wnlrul. be j;.¡blc rur (lny h)!iS or då1m¡')Qe 10 !..Jch oropert'!/. and retu m it to Motorola upon ree uae.1.
31J<.:h ?ropan,' 'hi! be h~llI t;y Cu~lo"'ur rtY MC. (>10131~ IJ!I€ ""lthoU C"lsrge ~.( d may ::.e remQved fmm Cu!:to 'T"=,r':; ')remi~8~_'
bJ' Ot,1oLowlèl at ~1f1~' timE '.,·jl.1 11..11..1 nJ~h ir::1 (II'I
S~cllon 17 GENERAL TERMS
~'.. .1. If ;~(' 'J Couli renders any porticn of th i; ,6,'JrElem~nL I.Ir:.:Jn ·urr.:I-.I~lt:i(I, tl1(! rr'~nl;! inln.) l~rm_q ~""III .-:nn~II'u~ In fdll f·;:.rce and
1:1 h'~(1
~ l';ì.. I !lis .l\grE-~mel11 and the riç hts and d uti es of Lna p8rlie~ '.'" II t~, (JII·.·.-~rnM ~n( Imp.r~re1p.d :n ¡=tc(ürda nee v,'iLr, Ih6
I;I~"''''' (II I I'll'- ~ìl ~I~n 'II'i:'\Ir.:1' the Ser.'lce5, are ::aerfarmed.
~ l.::;.. f:;fth.H€ to e:-:€-rDSE? 3t-,Y right .....il' nollJperale ¿1'; ~""'~Ii'''l!r r.>I Ih:11 n9l11. fN1l,ht!t', fir rmv lege.
1/.¿¡. Nelthe( ~rty iE'.liable for delays or lac~. of p~rltHl11rJn(:e rt!~uIUng {rom 3n'}' C:;3uses su::;r. &s strik-es. ma!r;":11
~L,vr1'.sg€'s. or acts of God it- at ~re beyr.:nd thai p.ìr1y ~ rf!;'\~or Rtje car1rol.
~ l.£:·, M(' ~orda n's~' assign its rights ørd o:)'-'Ii~~:J ¡()n~, ;1~{J may s.ubcontract any p::-rtion elf it; perf:)rrr1~1rJl..J::, l.I:'r:·Jt=!~ rhl~
AgreemEnt
17.(.. THIS AGREEMFNT WILL RENE"". FOR AN .AOClnONAl ONE 1,1;' vr M~ 11'I~M, ON I::: VE fO' ANN~VERSARY O~
TlI7" STÁI·n DAIt- LJNLI:S5 EIT-iER THE COVER PA.GC SFEClfIC'~LLY srArESA TERr,III'tll,TION DAT[ on ONE:
.
.
p ld ~ 1'( \lCT2FIES THE OTII[ R I N V.'~ITIN G OF ITS INTENTIC N TO DISCONïlNL E THE AGREEMEN~ NOT I [SS
TI'AN TH'R-V (30:1 DAYS OF 1......... T ANNIVERSARY DATf'. AJ Ih~ :mnl....e~8ry da~e, Motorola may mJjlL,;1 Ih,1 l"ir:f'H"J111",fo
S~rvices ~o refleti its r;UHont mles.
17.7. If Motor~Ii.1 ~Iruvides :S 9NiœE. after Ire w~"1Ïr' .)1 ~:)n or e (pira~ion vf this Agreemen:. the turlr1.."!= fino ("'flrhtIl'Y'l~ in Affect
ail"'lJ lilm.: ol1he- termination or 8xpiraüon ",ill rlpn1y tn t!"leEe SeNices and CuskmfoCr t:IQy(;es 10 PAY 10( ~uch ser~ices on ã
tirn'J .)!1.(: MfI-p.ni1 ~ tU'uis at Mo1D"Ola'~ Iho... cMAct¡,,,e houriy rat&5.
.
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works/Finance
Presented by: M Curtis/L Koonce
Council Meeting Date: 10-9-2006
Agenda No. 8.5
Subject: PU 2006-056 Authorize Contract Extension with Hard Kountry Concrete as
primary contractor and Patco Utilities, Inc. as secondary contractor for the
miscellaneous concrete improvements - Resolution No. 2006-083
In the 2006/2007 approved budget, Council appropriated funds for miscellaneous
concrete improvements. Formal bids were solicited for a contract to provide these
services and at the October 10, 2005 meeting, Council awarded an annual contract to
Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary
contractor. The initial term of the contract was for a period of one year and included an
option to extend for two additional one-year terms.
The contract includes removing and replacing estimated quantities of valley gutters,
sidewalks, handicap ramps, curb and gutter, and driveway approaches. The work is
ordered and completed on an as needed basis.
In order for the department to complete projects in a timely manner, a secondary
contractor is utilized. When it comes to the construction and repair of concrete
pavement, contractors stay very busy. Most of the contractors have several contracts
with other sources and cannot always meet the daily or weekly schedules of the City.
Having two contractors allows staff the ability to schedule repairs and construction
projects based upon the City's needs. When the primary contractor can not accept a
job or meet the city's schedule, the secondary contractor is notified and is usually
available. Also, there are situations when two projects need to be scheduled
simultaneously. Utilizing both a primary and a secondary contractor has proven to be
beneficial to the City.
Hard Kountry Concrete, which does about sixty to seventy percent of the work, has
offered to extend the existing contract with no increase in price and all specifications
remaining the same. Patco Utilities, Inc. is requesting a 5% price increase for the next
twelve months due to substantial fuel and material cost increases. The rate increase
being requested seems reasonable and should not impact the budget substantially
since Patco Utilities, Inc. is the secondary contractor.
Staff recommends that the contracts for concrete repairs be extended with Hard Kountry
and Patco Utilities, Inc. Their concrete repair work has met specifications on all projects
and they have demonstrated their ability to help achieve the City's work goals by
completing assigned projects on time and without any major delays. Both companies
have demonstrated their knowledge of construction projects to staff.
Recommendation:
To approve Resolution 2006-083.
.NRH
RESOLUTION NO. 2006-083
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND
HillS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute the contract
extension with Hard Kountry Concrete as primary contractor and Patco
Utilities, Inc. as secondary contractor for miscellaneous concrete
improvements as the act and deed of the City.
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHLAND HillS
By:
Oscar Trevino, Mayor
ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 10-9-2006
Agenda No. B.6
Subject: PW 2006-033 Approve City-Developer Agreement with "Venue at Home Town,
Ltd." in the amount of $22,759 for the construction of sanitary sewer as planned in the
Grand Avenue project - Resolution No. 2006-082
The City's contract with the design consultants for the new library encompassed only
work that was to be done on the library's site. During review of the library project's
construction plans, it was determined that there was not sanitary sewer available on the
library's site. City staff decided to include the sanitary sewer extension as part of the
Grand Avenue Capital Improvement Program (CIP) project. Staff's plan was to
construct the sewer with the street improvements.
However, during the construction of The Venue at Hometown it was discovered that the
sewer line that needed to be extended was being constructed by the developer. After
reviewing the prices that they had established with their contractor, it appeared from a
cost and scheduling perspective that it would be better to have the developer extend the
sewer line to the new library site while it was being constructed for the Venue. The
Venue developer agreed to construct the necessary sanitary sewer as proposed in the
Grand Avenue project in exchange for being reimbursed the construction costs
associated with the sanitary sewer extension.
The construction costs for this sanitary sewer work were estimated to be approximately
$25,000 and this amount was budgeted in the approved FY 2006/2007 Capital Projects
Budget as part of the Grand Avenue Project.
The Venue's contractor completed the necessary work to bring the sanitary sewer main
to the library site without realizing that a City Developer Agreement would be required.
While the entire Venue project is not complete, the sanitary sewer work necessary for
the library is complete. The Venue developer has submitted a reimbursement request
of $22,759.00 for this work. Staff has reviewed the itemized cost breakdown for this
work and has determined that this amount being requested is accurate and reasonable.
Therefore, it would now be appropriate to reimburse The Venue developer $22,759.00.
Recommendation:
To approve Resolution No. 2006-082.
.NRH
RESOLUTION NO. 2006-082
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HillS, TEXAS, THAT:
SECTION 1. The City Manager be, and is hereby authorized to execute the attached
City-Developer Agreement with Venue at Hometown, Ltd. for the
installation of an 8 inch sanitary sewer line in the amount of $22,759.00 to
serve the North Richland Hills Library located in Home Town as an act
and deed of the City.
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHlAND HillS
By:
Oscar Trevino, Mayor
ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
.
·
CITY OF NORTH RICHLAND HILLS
CITY-DEVELOPER AGREEMENT
COUNTY OF TARRANT
§
§
§
KNOW ALL MEN BY THESE PRESENTS
STATE OF TEXAS
THAT VENUE AT HOMETOWN, LTD, of the County of Tarrant, State of Texas
(hereinafter "Developer"), and the City of North Richland Hills, Tarrant County~ Texas
(hereinafter "Citytt)~ enter into the following contract:
In consideration of the mutual covenants herein contained and fOT the purpose of
documenting the recognition of tbe city's agreement to pay Developer for providing sanitary
sewer improvements needed for the City Library as indicated in the construction documents
titled "The Venue at Hometown" the Developer and the City hereto agree:
The City agrees to reimburse Developer for installing a sanitary sewer line in excess of the
Development)s proportionate share. The Developer increased the scope of the infrastructure
construction plans for The Venue at Hometown to include a 500 L.F. 8-inch sanitary sewer line
to serve the future site of the North Richland Hills Library in Home Town. A cost estimate is
attached as Exhibit A.
·
Total cost of 8-inch sanitary sewer:
$22,759.00
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the _ day of ,2006, by a majority vote of
the Council.
City of North Richland Hills
By:
Larry J. Cunningham, City Manager
City-Developer Agreement - The Vellue at Hometo\iln - Page 1
·
.
Location map prepared by NRH Public Works Department.
.
SIMMONS DRIVE
.
LOCATION MAP FOR
THE VENUE AT HOME TOWN
BOULEVARD 26
c
a:
~
....I
~
o
~
0:
UJ
~
~
THE VENUE AT
HOMETOWN
LOT 1 .. BLOCK AS
COURTENAY STREET
GRAND AVENUE
c
a=
~
....I
::>
o
m
~
w
~
a:
~
.
.
.
Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No. C.O
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No. C.1
Subject: ZC 2006-03 Public Hearing and Consideration of a Request from B H & L
Joint Venture to Approve a Zoning Change From "C-1" Commercial, "0-1" Office and
"R-3" Single Family Residential to "R-2" Single Family Residential (Located in the 8200
Block of Davis Blvd. - 23.371 acres). Ordinance No. 2908
Case Summary: The applicant is requesting approval a zoning change for a 23.37
acre tract of land from "C-1", "0-1" and "R-3" to "R-2" Single Family Residential.
Comprehensive Plan: The Comprehensive Plan depicts low density residential
uses for this area. This zoning request is consistent with the plan.
Thoroughfare Plan: The site has frontage on Martin Drive, a 2-lane, undivided,
collector street (C2U) with 50 feet ROW.
Surrounding Zoning / Land Use:
North: "R-3" Single Family Residential and "0-1" Office
East: "R-2" Single Family Residential
South: "AG" Agricultural and "0-1" Office
West: "C-1" Commercial
Plat Status: A preliminary plat is being processed and considered for approval
concurrently with this zoning change request.
Existing Site Conditions: The site is currently undeveloped.
Vested Rights:
2006.
The development rights on ZC 2006-03 were vested on June 1,
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, September 21,2006 and recommended 4-0 to approve
ZC 2006-03.
Staff Recommendation: Approval of ZC 2006-03 and Ordinance No. 2908.
Review Schedule:
Application: 2/7/06 Final Hearing: 10/9/06
Total Review Time: 35 weeks
· .
~ ð (
~, ~ ~ ~~
~'" ~ ~.f _
~ ~~D
t ~. wt
·
.
.
.
AGENDA ITEM C.1
Petition regarding
Case # ZC 2006-03
8200 Davis Blvd.
RECEIVED
OCT 0 9 2006
CITY SECRETARY
Date: October 8, 2006
We, the property owners on Timber Drive, respectfully submit the following petition opposing the zoning
change at 8200 Davis Blvd. from 0-1 & cs to R-2. Although we do not oppose development near our
neighborhood, we do oppose this development because of the negative impact that it will have on our
neighborhood.
We respectfully ask that the City Council not approve this zoning change request until the following
concerns are adequately addressed: I
1. Based on the preliminary plat design of the new development, Timber Drive, currently a cuI-de-
sac would be opened to through traffic trom the new development. This would create a dangerous
traffic situation for the residents of Timber Drive, which includes some children under the age of
six. The City of North Richland Hills has a history of protecting residential streets from
dangerous through traffic. Grove, Colorado, Wyoming, and EI Dorado, all between Grapevine
Highway and Bedford-Euless Road, were changed from through roads to cul-de-sacs. Timber
Drive is narrow and should remain a cul-de-sac as well, to protect the residents.
2. Drainage in the Timber Drive neighborhood flows from northeast to southwest, directly toward
the "L" of the new development. To prevent new houses from flooding, it is likely that the lots
will be raised substantially. This will impede drainåge as it flows from the Timber Drive
neighborhood to Little Bear Creek. It is our fear that a minimally required drainage plan will be
adopted by the developer, and though this plan may meet minimum requirements, it will possibly
be insufficient in protecting the Timber Drive property owners from serious flooding. Additional
drainage concerns relate to the fact that Timber Drive has no curbs or drainage culverts to divert
the water flow to any new drainage culverts along the edge of the new development.
3. Based on the preliminary plat design of the new development, a new entrance would be placed on
Davis Blvd. less than 250 feet from the current entrance of Timber Drive to Davis and
approximately the same distance from Shadywood Lane, entering Davis from the west side. We
believe the city should recognize the extreme danger this new entrance on Davis would create.
We call on the City Council to review our city's Major Thoroughfare Plan (referred to in the Loop
820 Corridor Plan.) According to Table 7 of the Loop 820 Corridor Plan, Jot frontage for a major
thoroughfare with a posted speed in excess of 50 M.P.H. is to be 450 feet. This proposed
development plan severely undermines that.
With our signatures on the following page(s), we, the property owners of Timber Drive oppose the above
referenced zoning change:
AGENDA ITEM C.1
Petition regarding
Case # ZC 2006-03
8200 Davis Blvd.
.
Date: October 8, 2006
Signature:
Printed Name'
Address: b3 R,,{C
Si~ature{~Á~ fu;{;J.hA.;>
Pnnted Name:~u~ ShouJc( 1..Jê,K:
Address: (0~~ ÎÍrl1hp/f" ~1'J'P
Signature: ,v-//l1/il 1Itt/f/f-tJr/)
Printed Name: O!91/F 1/I9Rli!úÞ
Address: 8{.,;J.,S- Tí fVl/3 çi(
Signature: Ø~I¿L- YL1:/(¡) ( /
Printed Name: R' /. .1 elt( ¡j¡ I~ y¿, c/
Address: !~,~ c;r;m h. e y
/\
Signature: JL~ tð\tc~/,,~
>Y' Printed Name: P.R,9Q \/ l'Vlá (if l)
Address: Address: g G (~ 0T¡ t n /; r ý þj/--2
Signature:~C<=, - ~ignature: ~(JYL¿~
. Printed Name: RJ4~þtð VP CA~ Printed Name: R (') 6r-;::d?- IY\ AI:.. ì /AJ
Address: 'S"b;)..o I,·w.b~ A>e- /ve¡.¡ Address:<6(Q'},q '\ \ vV\~Gi¿ b Q
Signature:" Signature:' ;\~ ~_~~J~:;~.~
Printed Name: Printed Name: '2-,\;;> -:'>'3. ~ -, \i'-"-\-) ~.;;- '\)ç
Address: Address: ~À ~- \ CÀ- ~~~\ \:-"'-
S· t ~ ~ -
Igna ure: .' v ~ .,¿r// r---;?
Printed Name: ¿¿s~ 4c;lf'~.:f'
Address: &'32 7r/Þ7ß~s.ßæ-
/}
? 1:hI~
.
Signature: ~~L-~..-y~Q}·_( 0¿v¿rYL
Printed Name:fLtjf¡V¿rJ1 c)Sí~UI¿¡t1
Address: <t (;2;1 1.1'/1 )3 ¡.::. N.. Þ /ê
Signature: 9
Printed Name: <-
Address: r:¿ L g¿ ,~
Signature: '~/Ý/ ¿Ù({~ [J [M~-:V:
Printed Name: ,ß\!\Q('c¿, b, E ill off-
Address: '6 ¿J ;{?; f¡'n1Ioif ¡':J r
Signature: ~~~ ý~û~
Printed Name,: k~ l'x. <:{. E- í ¡ I ~ 'ft
Address: ~~;¿g / IYhbe~ Or;.
·
AGENDA ITEM C.1
Petition regarding
Case # ZC 2006-03
8200 Davis Blvd.
Date: October 8, 2006
Signature: Ya-r~ 'JR. ),k/a~-c-£;;7=> Signature:
Printed Name: L"Ví/~ L.- I~ ~~ Printed Name:
Address: 1?609 T~·:.m 6~ Þ#-- Address:
N, 12./"vt /~ Nt.ÎAs 7lG
Signature: Signature:
Printed Name: Printed Name:
Address: Address:
Signature: Signature:
Printed Name: Printed Name:
Address: Address:
Signature: Signature:
· Printed Name: Printed Name:
Address: Address:
Signature: Signature:
Printed Name: Printed Name:
Address: Address:
Signature: Signature:
Printed Name: Printed Name:
Address: Address:
Signature: Signature:
Printed Name: Printed Name:
Address: Address:
Signature: Signature:
Printed Name: Printed Name:
· Address: Address:
AGENDA ITEM C.1
.
To tIle Mayor and l11elnbers of the City Council,
.
My name is Peggy Shumate. I Jive at 8612 Tinlber Drive in
North Richland Hills. I am unable to appear before you tonight due
to having surgery the morning of October 9th, 2006. I am
concenled about this zoning change and would object to it until
sonle isslles of flooding and traffic on our street are addressed. TIle
houses across the street from me back up to the Thornridge
developnlen1. After the Thornridge development went in the people
across the street had flooding problenls, The elevation has already
been raised 4 - 5 f1. on the property located on Davis. If they raise
the elevation further, our street will have water coming down on us
from both sides. In addition our street is very narrow and not in
good repair. TIle additional traffic that wOllld result frO]11 tIle
zoning change will only serve to worsen the problenl. Thank you
for allowing nle to voice nlY concerns in this matter. ()
Sincerely, -f'~ ..
Pegg(JShumate
.
·
ORDINANCE NO. 2908
ZONING CASE ZC 2006-03
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHlAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH
RICH LAND HILLS, TEXAS, AND REZONING A 10.948 ACRE TRACT OF
PROPERTY FROM C-1 (COMMERCIAL), 0-1 (OFFICE DISTRICT) AND R-3
(SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (SINGLE FAMILY
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
·
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HillS, TEXAS:
SECTION 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 10.948 acre tract of land located in the 8200 Block
of Davis Boulevard in the City of North Richland Hills, Tarrant County,
Texas, more particularly described in Exhibit A from C-1 (Commercial), 0-
1 (Office District) and R-3 (Single Family Residential District) to R-2
(Single Family Residential) zoning.
·
SECTION 2: Any person, firm or corporation violating any provIsion of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
Ordinance No. 2908
Page 1 of 5
.
.
e
violation and punishable hereunder.
SECTION 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
SECTION 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Ä. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 2908
Page 2 of 5
·
·
·
EXHIBIT A
Page 1 of 3
BEING A PORTION OF TRACT A, ALL OF TRACT B AND A PORTION OF TRACT C,
LOTS 10, 11 AND 18, AND A PORTION OF LOTS 12-17, HOLDER SMITHFIELD
ESTATES, AN ADDITION TO TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 388-34, PAGE 57, PLAT RECORDS, TARRANT
COUNTY, TEXAS, AND A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON
SURVEY, ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS, AS DESCRIBED IN
DEED RECORDED IN VOLUME 7840, PAGE 395, DEED RECORDS, TARRANT
COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A CAPPED IRON PIN SET IN THE EASTERLY R.O.W. LINE OF
DAVIS BOULEVARD FOR THE MOST WESTERLY NORTHWEST CORNER OF
TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 298.74 FEET NORTH 74
DEGREES 30 MINUTES 16 SECONDS EAST FROM THE NORTHEAST CORNER OF
LOT 1, BLOCK 1, NORTHFIELD PARK, AN ADDITION TO THE CITY OF NORTH
RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 388-200, PAGE 87, PLAT RECORDS, TARRANT COUNTY,
TEXAS;
THENCE NORTH 47 DEGREES 30 MINUTES 16 SECONDS EAST 35.81 FEET
ALONG SAID R.O.W. TO A CAPPED IRON PIN SET FOR CORNER OF TRACT
BEING DESCRIBED;
THENCE NORTH 45 DEGREES 40 MINUTES 59 SECONDS EAST 264.20 FEET AND
CONTINUING ALONG SAID R.O.W. TO A CAPPED IRON PIN SET FOR THE MOST
NORTHERLY NORTHWEST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 61 DEGREES 32 MINUTES 25 SECONDS EAST 173.34 FEET TO A
5/8' IRON PIN FOUND FOR CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 00 DEGREES 45 MINUTES 12 SECONDS WEST 73.01 FEET TO A
1/2" IRON PIN FOUND F"OR CORNER OF TRACT BEING DESÇRIBED, SAID POINT
BEING THE SOUTHWEST CORNER OF SAID TRACT A AND THE NORTHWEST
CORNER OF SAID TRACT C, HOLDER SMITHFIELD ESTATES;
THENCE SOUTH 89 DEGREES 15 MINUTES 22 SECONDS EAST 62.08 FEET
ALONG THE COMMON LINE BETWEEN SAID TRACT A AND TRACT C, HOLDER
SMITHFIELD ESTATES TO A 3/4" IRON PIN FOUND FOR CORNER OF TRACT
BEING DESCRIBED;
THENCE SOUTH 00 DEGREES 56 MINUTES 47 SECONDS WEST 124.72 FEET TO
A 3/4" IRON PIN FOUND IN THE COMMON LINE BETWEEN SAID TRACT C AND
LOT 21, SAID HOLDER SMITHFIELD ESTATES FOR CORNER OF TRACT BEING
DESCRIBED;
Ordinance No. 2908
Page 3 of 5
EXHIBIT A
Page 2 of 3
.
THENCE NORTH 89 DEGREES 14 MINUTES 24 SECONDS WEST 61.52 FEET
ALONG THE COMMON LINE BETWEEN SAID TRACT C AND LOT 21, HOLDER
SMITHFIELD ESTATES TO A 1/2" IRON PIN FOUND FOR CORNER OF TRACT
BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF TRACT C
AND THE NORTHWEST CORNER OF LOT 21, HOLDER SMITHFIELD ESTATES;
THENCE SOUTH 00 DEGREES 52 MINUTES 41 SECONDS WEST 300.00 FEET
ALONG THE WEST LINE OF LOT 21, 20 AND 19, SAID HOLDER SMITHFIELD
ESTATES TO A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING
DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT 19,
HOLDER SMITHFIELD ESTATES;
THENCE SOUTH 89 DEGREES 07 MINUTES 19 SECONDS EAST 421.77 FEET
ALONG THE SOUTH LINE OF SAID LOT 19, HOLDER SMITHFIELD ESTATES TO A
CAPPED IRON PIN SET IN THE EAST R.O.W. LINE OF TIMBER DRIVE FOR
CORNER OF TRACT BEING DESCRIBED;
.
THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST 16.20 FEET
ALONG THE EAST R.O.W. OF SAID TIMBER DRIVE TO A CAPPED IRON PIN SET
FOR CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE
SOUTHWEST CORNER OF LOT 9R, HOLDER SMITHFIELD ESTATES, AN
ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY,
TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 7129, PLAT
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 87 DEGREES 57 MINUTES 42 SECONDS EAST 381.32 FEET
ALONG THE SOUTH LINE OF LOTS 9R AND 8R, HOLDER SMITHFIELD ESTATES,
ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 7129 TO A 1/2"
IRON PIN FOUND IN THE WEST LINE OF THORNBRIDGE, PHASE I, AN ADDITION
TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE: 373, PLAT
RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF
TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF
SAID LOT 8R, HOLDER SMITHFIELD ESTATES;
THENCE SOUTH 02 DEGREES 48 MINUTES 09 SECONDS WEST 447.29 FEET
ALONG THE WEST LINE OF SAID THORNBRIDGE, PHASE I AND A TRACT OF
LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14258, PAGE 515, DEED
RECORDS, TARRANT COUNTY, TEXAS, TO A CAPPED IRON PIN SET FOR THE
SOUTHEAST CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 80 DEGREES 30 MINUTES 23 SECONDS WEST 180.48 FEET TO
A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED AND FOR
THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 58.00 FEET;
e
Ordinance No. 2908
Page 4 of 5
EXHIBIT A
Page 3 of 3
.
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT 68.96 FEET TO
A CAPPED IRON PIN SET FOR THE END OF SAID CURVE, WHOSE CHORD
BEARS 64.97 FEET NORTH 58 DEGREES 44 MINUTES 58 SECONDS WEST;
THENCE SOUTH 65 DEGREES 18 MINUTES 49 SECONDS 35.79 FEET TO A
CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 61 DEGREES 21 MINUTES 48 SECONDS WEST 119.10 FEET TO
A CAPPED IRON PIN SET TO A CAPPED IRON PIN SET FOR CORNER OF TRACT
BEING DESCRIBED;
THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST 85.00 FEET TO A
CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 89 DEGREES 07 MINUTES 19 SECONDS WEST 234.00 FEET TO
A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST 120.00 FEET TO A
CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 89 DEGREES 07 MINUTES 19 SECONDS WEST 282.89 FEET TO
A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED AND FOR
. THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 75.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT 117.81 FEET TO
A CAPPED IRON PIN SET FOR THE END OF SAID CURVE, WHOSE CHORD
BEARS 106.07 FEET NORTH 44 DEGREES 07 MINUTES 19 SECONDS WEST;
THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST 20.62 FEET TO A
CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 89 DEGREES 07 MINUTES 19 SECONDS WEST 125.00 FEET TO
A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST 370.00 FEET TO A
CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 42 DEGREES 29 MINUTES 44 SECONDS WEST 96.71 FEET TO
THE POINT OF BEGINNING AND CONTAINING 10.948 ACRES OF LAND, MORE OR
LESS.
e
Ordinance No. 2908
Page 5 of 5
.
.
.
ORDINANCE NO. 2908
ZONING CASE ZC 2006-03
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 23.371 ACRE TRACT
OF PROPERTY FROM C-l (COMMERCIAL) , 0-1 (OFFICE DISTRICT) AND
R-3 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-2 (SINGLE FAMILY
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is
in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by rezoning a
23.371 acre tract of land located in the 8200 Block of Davis Boulevard in the City
of North Richland Hills, Tarrant County, Texas, more particularly described in
Exhibit A from C-l (Commercial), 0-1 (Office District) and R-3 (Single Family
Residential District) to R-2 (Single Family Residential) zoning.
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two Thousand
Dollars ($2,000.00). Each day any such violation shall be allowed to continue
shall constitute a separate violation and punishable hereunder.
.
.
.
ORDINANCE NO. 2908
Page 2
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
.
.
.
ORDINANCE NO. 2908
Page 3
EXHIBIT A
Being a portion of Tract A, all of Tract B and a portion of Tract C, and Lots 10-17, Holder
Smithfield estates, an addition to Tarrant County, Texas, according to the plat recorded in
Volume 388-34, Page 57, plat records, Tarrant County, Texas, and a tract of land out of the
Stephen Richardson survey, abstract no. 1266, Tarrant County, Texas, as described in deed
recorded in Volume 7840, Page 395, Deed Records, Tarrant County, Texas, and being described
as follows:
Beginning at a capped iron pin set in the easterly r.o.w. line of Davis Boulevard for the most
westerly northwest comer of tract being described, said point being the northeast comer of Lot 1,
Block 1, Northfield Park, an addition to the City of North Richland Hills, Tarrant County, Texas,
according to the plat recorded in Volume 388-200, Page 87, plat records, Tarrant County, Texas;
Thence north 47 degrees 30 minutes 16 seconds east 334.56 feet along said r.o.w. to a capped
iron pin set for comer of tract being described;
Thence north 45 degrees 40 minutes 59 seconds east 264.20 feet and continuing along said r.o.w.
to a capped iron pin set for the most northerly northwest comer of tract being described;
Thence south 61 degrees 32 minutes 25 seconds east 173.34 feet to a 5/8' iron pin found for
comer of tract being described;
Thence south 00 degrees 45 minutes 12 seconds west 73.01 feet to a 1/2" iron pin found for
comer of tract being described, said point being the southwest comer of said tract a and the
northwest comer of said tract c, Holder Smithfield Estates;
Thence south 89 degrees 15 minutes 22 seconds east 62.08 feet along the common line between
said Tract A and Tract C, Holder Smithfield Estates to a 3/4" iron pin found for comer of tract
being described;
Thence south 00 degrees 56 minutes 47 seconds west 124.72 feet to a 3/4" iron pin found in the
common line between said Tract C and Lot 21, said Holder Smithfield Estates for comer of tract
being described;
Thence north 89 degrees 14 minutes 24 seconds west 61.52 feet along the common line between
said Tract C and Lot 21, Holder Smithfield Estates to a 1/2" iron pin found for comer of tract
being described, said point being the southwest comer of Tract C and the northwest comer of Lot
21, Holder Smithfield Estates;
Thence south 00 degrees 52 minutes 41 seconds west 300.00 feet along the west line of Lot 21,
20 and 19, said Holder Smithfield Estates to a capped iron pin set for comer of tract being
described, said point being the southwest comer of said Lot 19, Holder Smithfield Estates;
Thence south 89 degrees 07 minutes 19 seconds east 421.77 feet along the south line of said Lot
19, Holder Smithfield Estates to a capped iron pin set in the east r.o. w. line of Timber Drive for
comer of tract being described;
.
.
.
ORDINANCE NO. 2908
Page 4
Thence north 00 degrees 52 minutes 41 seconds east 16.20 feet along the east r.o.w. of said
Timber Drive to a capped iron pin set for corner of tract being described, said point being the
southwest corner of Lot 9R, Holder Smithfield Estates, an addition to the City of North Richland
Hills, Tarrant County, Texas, according to the plat recorded in cabinet A, slide 7129, plat
records, Tarrant County, Texas;
Thence south 87 degrees 57 minutes 42 seconds east 381.32 feet along the south line of Lots 9R
and 8R, Holder Smithfield Estates, according to the plat recorded in cabinet A, slide 7129 to a
1/2" iron pin found in the west line of Thornbridge, Phase I, an addition to the City of North
Richland Hills, Tarrant County, Texas, according to the plat recorded in cabinet A, slide 373,
plat records, Tarrant County, Texas, for the northeast corner of tract being described, said point
being the southeast corner of said Lot 8R, Holder Smithfield Estates;
Thence south 00 degrees 47 minutes 23 seconds east 36.37 feet to a 1/2" iron pin found for
corner of tract being described;
Thence south 02 degrees 48 minutes 09 seconds west 566.94 feet along the west line of said
Thornbridge, Phase I and a tract of land as described in deed recorded in Volume 14258, Page
515, Deed Records, Tarrant County, Texas, to a capped iron pin set for the southeast corner of
tract being described, said point also being the southeast corner of said Lot 12 Holder Smithfield
Estates;
Thence north 89 degrees 05 minutes 54 seconds west 785.04 feet along the north line of said
tract of land as described in deed recorded in Volume 6110, Page 657 to a capped iron pin set for
the southwest corner of said Lot 15 Holder Smithfield Estates and for corner of tract being
described;
Thence south 89 degrees 38 minutes 33 seconds west 369.00 feet along the north line of said
tract of land as described in deed recorded in Volume 6110, Page 657 and a tract of land as
described in deed recorded in Volume 14144, Page 216, Deed Records, Tarrant County, Texas,
to a capped iron pin set for the southwest corner of tract being described, said point being the
southeast corner of a tract of land as described in deed recorded in Volume 4042, Page 84, Deed
Records, Tarrant County, Texas;
Thence north 00 degrees 56 minutes 27 seconds west 160.00 feet along the east line of said tract
of land as described in deed recorded in Volume 4042, Page 84 to a capped iron pin set for
corner of tract being described and for the northeast corner of said tract of land as described in
deed recorded in Volume 4042, Page 84;
Thence north 44 degrees 02 minutes 38 seconds west 290.39 feet along the northerly line of said
tract of land as described in deed recorded in Volume 4042, Page 84 to a capped iron pin set in
the east line of said Lot 1, Block 1, Northfield Park for the northwest corner of said tract of land
as described in deed recorded in Volume 4042, Page 84 and for corner of tract being described;
Thence north 00 degrees 13 minutes 33 seconds east 397.38 feet along the east line of said Lot 1,
Block 1, Northfield Park to the point of beginning and containing 23.371 acres of land, more or
less.
.
Location Map
.
~ NRH
f\ ZC 2006-03
Zoning Change, 0-1 & CS & R-3 to R-2, 23.371 acres
Thornbridge West
8200 Block of Davis Blvd.
Prepared by Planning 9/7/06
ILJLJ
o 260 520
I
1,040
I
1,560
I Feet
2,080
.
.
.
.
II!!! ¡!~¡ ¡ 11j I! ¡i ,il ¡¡I ¡¡¡I! ¡¡I! ¡~¡¡¡ ¡ ~I~ ¡~ Ii;;! ¡~¡ ¡¡if, ;!
'. ¡" , ~ ' , ," ,'. ,<" j" k",,! . 1'(., ¡. , ,I, !,. · ., !'
....
;e
J:
><
W
en
.5
c
o
N
;:1
Œ-
~ ...~ I 'j
~;~ j
~ I
¡::¡:i' '~':~::\D~~t., ;t~~L~l:'
',J- c' "", ~~ ,,' I ' I l ".' J '. . ì"",..- -
';;' ~: ,,'" ¡L], ~'.I ".' ' l
!;:l~¡ ""-!j'¡ f(:~[\--Ç1/</ 'I ~;
~~~<~.t~:>~1 ! ·r·t?~t-~~"..J
~z :''''Æ:?8Kli llL1i -"t'-.. ·
Ñ I. !:,: !!!; 'i;1 ~m u"~""\\ \.{
5' ~\ ~~~~ ~~ I ,.i~.'~ i \ - j I I~h' 1;\° "
i \ I' ~'\I~ t '~,~ "I Po I ~~<: j,' .,' \\"" I ~
¡:: 'ii, ,I'. .-." ' , -'-I I" ~ "i" \
i! .,-I,~t-~·",~ l~) -'CH \'.I'l'nns i -~-l¡ J'~.._.___ - -~~.....,'~~ "',
L, ';,.~f;1 ):\'\ ~ 1: '---'- -f~:. ~_~I''''' _,1,;,-- ..:'::~ ""'j'!
'. Ç>.::/).." /, ,\ r ,.... . j".- ., : ". r) I I, / /
~ I ,¡.. ,\ I I l' Y
'~'" " \, '''\',' - ,.:', 'S..ç>/' ,~
~~~~~:<~~~'r~' i~ J 'i: ~"
.. ;~~>, \\/, I."i~ j;_,
, \;.~' ~ ¡ ¡;; ¡
~ ~~.~, >" e \I; c:> " '
. , ~~ ,{.i~"" ./'..-
, ' ~). 'l~,;.~1i
~'. " '... .n.; j.;G,~~,Z:::';:;L·/'· '," $
.,
"'-,
-"---J
:I:i ¡
~
-:~:"-
:1 ~
p.
Ë;
,,~
;! ¡
¡¡~¡
... ~
.
!.
---
-----------
---
(c
(c
':\J
-c,;,
~§
t;~
~g
"': t-.,'-'
£...~~ b ~~
ê~~ ~ ~~
~""I:~ £... ~¡:;
ia~~¡~!.
~~~ t;'I) ~.:a
~~ t") ~~
l\ c::;:ëZ
~¡::
\",,)Q:
.....~
c::;:~
:..:.~
~~
~~
V:
!~~~
.~
~
~ 1_:
'l\ " ~!2 ~
~~~,!, . . ~~
im~~ ~!¡!~~ ;¡i:li!
~:.
I~
~y, .
i~i ~i
ij~
dN1
~ .~i
; ~~:~
d~1
~!I(
H ~
-
·
·
·
Excerpt from Planning & Zoning Commission Minutes on September 21, 2006
ZC 2006-03
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B H & L JOINT
VENTURE TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL, "0-1"
OFFICE, & "R-3" SINGLE FAMILY R.ESIDENTIAL TO "R-2" SINGLE FAMILY
RESIDENTIAL (LOCATED IN THE 8200 BLOCK OF DAVIS BLVD. - 23.371 ACRES).
APPROVED
Eric Wilhite presented ZC 2006-03. Mr. Wilhite stated that this is a zoning change
request consistent with the surrounding land uses and properties. This request is
located in the 8200 Block of Davis Boulevard. It has been reviewed, meets all the
technical requirements, and Staff recommends approval.
Chairman Shiflet opened the Public Hearing.
Mr. Roger Martin, 8629 Timber Drive, asked for clarification of several items. Will
Timber Drive be a through street? Right now it is a cul-de-sac that school buses and
garbage trucks use as a turnaround, so his hope is that it will be a through street. Also,
the existing properties on the west side of Timber Drive are four feet higher so what will
be done about the water runoff?
Mr. Kelly Elliott of 8628 Timber Drive spoke. His property is Lot 20 on Timber Drive
which backs up to this proposed development. He indicated on his card he is against
the development, however he is not necessarily opposed but has concerns that he
would like addressed. The drainage issue affects his property. The natural flow of
drainage traverses from the northeast to the southwest across the back of his property
and continues into what would be this development toward the creek. He wants to
know from the developer what would be done to ensure that flooding doesn't occur. He
also is concerned about traffic hazards on Davis Blvd. since there will be three streets in
close proximity - the existing Timber Drive and a recently built street, Shadywood Lane,
which has a signal light and a fire station exiting out onto Davis, along with the street
proposed by this development. He stated that it seems it would have been better to
bring the street in at Shadywood Lane where there is already a light. He also is
concerned with whether Timber Drive is a through street since a through street would
bring substantial new traffic onto Timber Drive. Given Timber Drive's current width, he
stated that he thinks that would create an unsafe situation. If Timber Drive becomes a
through street, he believes to make it safe that Timber Drive's width will have to be
addressed.
Mr. Chet McClain, 8213 Thornhill Drive, asked about a strip of property on the east side
of the new proposal that doesn't appear to be in either development. He stated that he
lives in the fourth house from the end on Thornhill Drive and that there is a ditch directly
.
.
.
behind his property. His property is built up approximately 3 feet with a retaining wall
above the, ditch. The properties drain back there. He wanted to know who would
maintain the ditch and whether or not the existing trees back there would stay. He also
is concerned about drainage, stating that although there are currently drought
conditions, in the past that entire field was flooded.
Ms. Marla Smith, 8633 Timber, said that her house faces Timber and the back of four or
five houses of the new 'development will face her side yard. She is concerned with
drainage and that her property will be low compared to the new houses to be built so
she will get all of the runoff. She stated that her other concern are the fences. She
does not wish to have wood fences all along the side of her property because they tend
to be not very good quality and also neighbors have a tendency not to replace them
even if replacement is needed.
Ms. Judy Showalter, 8624 Timber Drive, Lot 21 stated that she is concerned about
drainage as the back half of her property is going to be abutting this development. She
is also concerned about the type of fencing they plan on putting up that will separate
this new development from her property, if any. She does not want the street to go
through. She would like to retain the cul-de-sac on Timber Dr. They built their house on
Timber nine months ago and the cul-de-sac was one of the bigger selling points for
them as they are raising children.
Mr. Les Bokros, 8632 Timber Drive, Lot 19 stated that there will be five houses abutting
his property. He would like to clarify that the existing drainage problem was created by
tremendous filling up at Davis Boulevard where they were originally going to put the fire
station. He stated that it was raised four to six feet high, which blocked the creek
completely. He stated that all of those lots were draining into the creek but now it
comes back towards them and winds up on his property, Lot 19. He would like to know
how that is going to be addressed. He is also concerned about the effect of this
development on Timber Dr. He does not want the trash trucks turning around in his
driveway which is what happens whenever the cul-de-sac is a mud hole. He asked if
Timber Dr. will be widened.
Mr. Robert Sampson, 8221 Thornhill Drive, Lot 1, stated that his back yard drops about
6 feet to the back fence and two-thirds of the water that runs off goes onto the vacant
lots where they are now proposing to build homes. If there are heavy rains, there is a
lot of water headed that way. If that development is raised, that will create a dam on his
property. He stated that drainage would have to be installed as required by state law.
Chairman Shiflet reminded everyone that this case is for the zoning issue only although
this hearing is an appropriate forum for concerns to be expressed. He explained that
the preliminary plat will address whether the street goes through, and since the
applicant is present, perhaps he would be willing to address some of the ,concerns
stated tonight. The Chairman explained that this public hearing is strictly for whether or
not this land is suited for residential use as opposed to the commercial and office use
that it is currently zoned.
.
Eric Wilhite, Chief Planner, came forward to further clarify that the Commission is
looking at whether or not they believe they can recommend approval to the City Council
for the zoning change. He explained that the site layout is conceptual at this point.
There is a preliminary plat right atter this that is not part of the public hearing so a lot of
the comments heard tonight are valid concerns but perhaps cannot necessarily be
addressed as part of the zoning change. He stated that he was sure the applicant
would be willing to come up and clarify some of those up to the point of what they have
done right now. There are design criteria and ordinances established by the City for
drainage and streets that will have to be addressed before the final plat can be
approved. Changes to this conceptual site layout could occur atter further engineering.
.
Mr. Mark Long, 1615 Precinct Line Road, Hurst, the engineer representing the applicant
on this project, addressed the Commission. Timber Dr. will become a through street,
connecting to the new street created by this development. The existing cul-de-sac will
be removed. Mr. Barfield (the applicant) gave permission to the trash trucks to use it as
a temporary turnaround. With the new development, trash trucks can make a loop on
the streets and go back out to Davis. There will not be a need to turn around in
anyone's driveway. Most traffic will go out the larger street (the new street - not Timber
Dr.) to Davis. Mr. Long explained that they tried to line up the new street with
Shadywood, but there is a major box culvert drain in that path that prevented the
alignment since it would encroach into the flood plain and Little Bear Creek Corridor,
which means they would have had to fill in the floodway, which is not permitted.
Mr. Long stated that regarding drainage, this new development is in some of the flood
plain so they will have to build up the street, but he stated that they will have a flume
probably running in the back of the lots that will allow water to get what will eventually
be into the park area or the trail/flood plain area. Most drainage will be taken from the
Timber Drive area into the flood plain area.
Regarding fencing, Mr. Long stated that normally Mr. Barfield puts a wooden stockade
fence along the development. He tries to have one size and type of fence. The wood
fence is normally more expensive and better than the chain link or other types that you
can see through.
Mr. Long addressed Mr. McClain's question regarding the strip of land that didn't seem
to belong to either development. Mr. Long stated that his firm did the original
engineering on the Thornbridge South Addition and that this sliver of land came out of
that plat. It provides an outage for drainage and to protect the trees there. To have
filled that up completely would have wiped out all the trees along that back line. He
believes that sliver of land was given to the City's Parks Department and that the City
Parks Department maintains it although he believes with all the trees there that mowing
isn't necessary.
Greg Van Nieuwenhuize, Assistant Public Works Director, further addressed this small
triangular piece of property. The City has been working with Long & Associates to see
.
.
.
.
how the City can still maintain this as well as pick up the drainage from these homes
while at the same time keeping it aesthetically pleasing and functional and, most
importantly, maintainable in the future. He explained that it will be handled at the final
plat stage.
Mr. Bowen asked staff if Ms. Marla Smith's concerns about fencing along her side yard
could be addressed. He stated that part of her concern is that she doesn't want it to
come all the way out to Timber. Is there a restriction on how far the fence can go? Mr.
Wilhite responded that there are restrictions on how far the fence goes down the
property lines. He also explained that there is not necessarily a requirement for fencing
on the rear of residential properties, but as Mr. Long stated, builders normally put in all
new wood stockade fences with these developments. A 6-foot fence is allowed with a
maximum of 8 feet.
As there were no others wishing to speak, the Chairman closed the Public Hearing and
called for a motion.
Don Bowen, seconded by Brenda Cole, motioned to approve ZC 2006-03. The
motion carried unanimously (4-0).
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No. C.2
Subject: RP 2006-12 Public Hearing and Consideration of a Request From Robert and
Pat Hunt to Approve a Replat of Lots 3D & 4A, Block 3, Woodbert Addition to Lot 3R,
Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Ln. - 0.6374 acres).
Case Summary: The applicant is requesting a replat of what are currently two lots into
one larger lot. The combining of the lots will create a 0.6 acre lot.
Current Zoning: The zoning of the property is "R-3" (single family residential). This
replat will create a lot which exceeds current "R-3" lot width and area requirements.
Thoroughfare Plan: This replated lot will have 103 feet of frontage on Sayers Lane a
two lane undivided 50 feet R.O.W. collector.
Comprehensive Plan: This plat is consistent with The Comprehensive Plan, which
indicates low density single family uses.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with both the Zoning and Subdivision Ordinances, and has
approved it for Planning & Zoning Commission consideration.
Staff Recommendation/Rough Proportionality Determination: Staff recommends
approval of RP 2006-12. The City's Engineer has determined that all public
improvements have been previously constructed except for sidewalks. The developer is
responsible for the construction of the sidewalks at time of construction of the primary
structure on the site.
Vested Rights:
2006.
The development rights on RP 2006-12 were vested on June 1,
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, September 21,2006 and recommended 4-0 to approve
RP 2006-12.
Staff Recommendation: Approval of RP 2006-12.
Review Schedule:
Application: 8/7/3/06 Final Hearing: 1 0/9/06
Total Review Time: 8 weeks
.
Location Map
.
Woods Ln
! -;----¡-----T-,--------.--~·--- r
I I I
I ! :
I i
!
_____L_ t .
_~ayers Ln
/>~//~~~~~~.. -
N
A
NRH
RP 2006-12
Replat
Woodbert Addition
8200 Block of Sayers Ln.
Prepared by Planning 8/9/06
íLJL.J
o 100 200
I
600
I
400
e
"'C
>
m
(I)
.>
res
c
I Feet
800
.
.
.
Notice of Public Hearing
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: RP 2006-12
APPLICANT: Patricia Hunt
LOCATION: 8200 Block of Sayers Lane, Woodbert Addition
You are receiving this notice because you are a property owner of record in
Briarwood Estates within 200 feet of the property shown on the attached map.
PurDose of Public Hearina:
A Public Hearing will be held to consider a request from Patricia Hunt to replat
Lots 3D & 4A, Block 3, Woodbert Addition, into Lot 3R, Block 3, Woodbert
Addition. This property is located in the 8200 Block of Sayers Lane.
Public Hearina Schedule:
Meeting Time:
Meeting Location:
CITY COUNCIL
MONDAY, October 9,2006
7:00 P.M.
CITY COUNCil CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HillS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the
above request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817)427-6300
Fax (817) 427-6303
.
John & Mihoko Dufresne
8213 Sayers Ln
N. Richland Hills, TX 76180
Rosetta Arizona Wiggins
8301 Sayers Ln
N. Richland Hills, TX 76180
Kevin Armstrong
8220 Woods Ln
N. Richland Hills, TX 76180
Mitchell W Johnson
8220 Sayers Ln
N. Richland Hills, TX 76180
.
e
Property Owner Notification List
WCJ Davis 99 L TD
500 W 13th St Ste. 100
Ft. Worth, TX 76102
Carril & Stephanie Braudrick
8217 Sayers Ln
N. Richland Hills, TX 76180
S K Stanford
PO Box 820942
Ft. Worth, TX 76182
Harold & Brenda Gilbreath
8212 Sayers Ln
N. Richland Hills, TX 76180
Robert & Patricia Hunt
1513 Phillip Ct
Irving, TX 75060
Sylvia Thrash
8217 Woods Ln
N. Richland Hills, TX 76180
Roy Joseph Olsen
8208 Woods Ln
N. Richland Hills, TX 76180
.
Public Works Sign Off Letter
NRH
CITY OF NORTH RICHlAND HILLS
MEMO
TO: Eric Wilhite, Chief Planner
FROM: Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director
RE: RP 2006-12
Woodbert Addition: Block 31 Lot 3R
DATE: September 8. 2006
RePlat
On September 7 2006 the Public Works Department determined that the RePlat for the
Woodbert Addition: Block 3. Lot 3R (RP 2006-12) dated September 5, 2006, met the
requirements of the Public Works Department in accordance with the Subdivision
Ordinance (Chapter 110 of the City Code).
.
Public Infrastructure Plans
On September 7. 20061 the Public Works Department determined that the public
infrastructure plans for the Woodbert Addition: BJock 3: Lot 3R (the "Subdivision")! dated
August 31, 2006, met the requirements of the Public Works Department in accordance
with the Subdivision Ordinance (Chapter 110 of the City Code).
Rouah ProDortionaJitv .
The public improvements indicated on the public infrastructure plans for the Subdivision
indicate that all necessary public improvements have been previously constructed
except for sidewalks. The Subdivision will have an impact on the existing public Right-
Of-Way ('tROWI!) and as such, the developer will be responsible for the construction of
these sidewalks. The developer has indicated that these sidewalks will be constructed
along with the structure proposed for this property.
The construction of these sidewalks, public infrastructure, is required for the
development of the Subdivision as proposed by the developer. Therefore, the
developer will be required to assume 100% of the amount required for constructjon of
such sidewalks. Such percentage is roughly proportionate to the proposed Subdivision.
.
.
Public Works Sign Off Letter - Page 2
Eric Wilhite
RP 2006-12
Woodbert Addition: Block 3, Lot 3R
September 8,2006
Page 2 of 2
The above determination of proportionality is made pursuant to Section 212.904, Texas
Local Government Code by the undersigned professional engineer in the employ of the
City of North Richland Hills, licensed by the State of Texas.
The Public Works staff will be available to meet and further discuss this rough
proportionality determination. The developer/engineer/owner may dispute staff's
proportionality determination by filing a written appeal of this proportionality
determination, along with 15 copies of such appeal, with the City Secretary within 10
days of the date of the Planning and Zoning Commission. The appeal shall comply with
Section 110-455: "Rough Proportionality Appeal" and Section 110-456: "Appeals
Procedure" of the City Code.
.
cc: Robert and Pat Hunt
Ernest Hedgcoth, P.E. (via fax @ 817.831.6368)
GVN/pwm2006-180
.
.
Excerpt from Planning & Zoning Commission Minutes on September 21, 2006
RP 2006-12
CONSIDERATION OF A REQUEST FROM ROBERT AND PAT HUNT TO APPROVE
A REPLA T OF LOTS 3D & 4A, BLOCK 3, WOODBERT ADDITION TO LOT 3R,
BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS
LN. - 0.6374 ACRES).
APPROVED
Eric Wilhite presented RP 2006-12. Mr. Wilhite stated that this is a replat of what is
currently two lots into one lot, creating a 0.6 acre lot. The current zoning of the lots is
"R-3". This lot will be a little oversized for R-3 but will definitely meet the building
standards for R-3 width. It has been reviewed and Staff recommends approval.
Bill Schopper, seconded by Brenda Cole, motioned to approve RP 2006-12. The
motion carried unanimously (4-0).
.
.
.
.
.
...
:c
.r::
><
W
...
ca
C.
CI)
It:
dliJ I' H P 1'] 1 '
i r ~ JI I J I I ~ d~ } ! 1 ~ I J ,
11'11 H P 1~;IJ,1 j )~I
,'IJ: !n II:atHf1 { v
J ').1; 1ft ì HP~J J t I H,
i ¡¡Iii Ii, '¡HgtH ! ¡ ili
11:11! ,I: t~IHJh: ) I }h
f Þ1 ¡lilh ']~";"J' ~ ~ '1'
I !HI~!rh 11Ir~lrl¡ 111 ~ (It
I ~ t~'ll [J1 ~1~JÃ)íli.~ ~ J~,
~ I ¡ ilul n~ HI1J'kJ1LHs ·1 f tf!!i
f I IUIH~I~ ;1\~J! -:>jJIU . ,1
II j 1H~JcI ~ 1~~J¡Jlf ~1EI ! PAt
:: ~ I J; Þlll~~ ~JIH.¡rHI~J ; Iff
~ i j ~JHIII~!! !~J·f~Utjllh ~ )tit
¡ ë J ! 1 U " ì I J 1. J [JJ ~ it 1 J I ! 1 f ¡ ;
~ ! ~ iJihIIHiHiHHJ:U1 i ;jn
]fl
J 1 i
Iii
!fl
.. ~ J
ill
! ¡ 1
III
1['
i" Î 1
~ lIt 1
! i1 ]
8 "'Ii t'
¡ · J J
! Jln J
z ~
E~i~~
~§ g;;;.
~~< ~~~~
~ ~u<Y Q
;~~; :~~
§~5;~;
O~~~..
~~;ü
~.......~ ~
11~
~!'
~i)
.~~' ~
" I ~ '%
~--'-':~.-~~,( ~ . ~,'
(
~ l a
,-C
~.
.1
'U
y;
:p:
: ~~
') ~
','
:1¡,
. .
~.!J-:""_ - - - - - - - - - - - - - --~:'- -::::.- ~.~ --- - - - - - - - .--i!.!!S --ì
r: ' ~
, ~
I I
j .:, ii.
.. ,( ~ ~; t~
I èS P
I .
I I
d I
~r- - - - - - - - - ;11.- - - ¡¡;...,~- - ~.~ -~ - -- - - - - - - - - ~- - Ji~;
: ~~ ~
w
z
«
.J
g~
~!; ~
~;
w
>-
«
V)
~ ~ .."'..
±~ ~~~
.. >-
'( ;¡ê~
. ~Š ¡~
~ ~ . ~
~ j ~~
rn ~:~
3~.
i~l
~~t @:,!~! :~"~
~ ; , ~!" ~ ,)"
::a, "< t--'
!;~i~
i~~: ~
~:H;
i~t5;
S11.¡
:gi~
1~1!n
Ii
;
h!
~ líi
ø;'U
e~i!i
;I(~
h ;
~ª ~
h~~
€e
~il
115
if;
I~ 'e
-È ~
!:! ,
1;1\;
¡i!~
i!!i
J
. ~~} ~ ~
f~~hi
~ ,,~U; g
~ ~i;~¡~
( ig~.L
J.
'.....
~,.:'
,-
T ~
h!;!
l ¡~~~;
j
!~~
~: ~
~t~ ~
;¡~ ~
..d 6
~~~ ~
!: W ~
Hi ~
i~f ~
*.iÞ ~
~I; ¡
$ oJ. ,
i;;~ ;ã
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No.C.3
Subject: ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs.
McCarty to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single
Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No.
2900. *This Public Hearing and Consideration was Continued at the September 25,
2006 City Council Meeting until October 9, 2006.*
Case Summary: The applicant is requesting approval of a zoning change from the
existing "AG" (agricultural district) to "R-1-S" (single family residential district) for the
purpose of developing a single family residence.
Plat Status: A single lot, preliminary plat (case # PP 2006-07) and a final plat (case #
FP-2006-11) McCarty Addition, are being reviewed concurrently with the zoning change
request. The final plat is on this agenda for approval by the City Council.
Existing Site Conditions: An older wood framed single family residence has
recently been demolished from this site. It is the intent of the applicant to construct a
new single family residential structure.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. Many of the surrounding properties are large tracts which are currently
zoned "AG" agricultural, and "R-1" single family.
Thoroughfare Plan: The property has frontage on Eden Drive, a local residential
street with 50 feet ROW.
Surrounding Zoning I Land Use:
North: "AG" agricultural with single family structures
East: "AG" agricultural with single family structures
South: "AG" & "R-1" single family
West: "AG" agricultural
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve ZC
2006-08.
Continuance Request: The property owner requested at the September 25, 2006
meeting a continuance to this case until the Council's October 9, 2006 meeting (see
attached letter dated September 19, 2006).
Vested Rights:
July 6, 2006.
.
.
.
Staff Recommendation: Open the previously continued public hearing from
September 25, 2006, receive comments from the audience, approve ZC 2006-11,
Ordinance No. 2900.
Review Schedule:
Application: 6/26/06 Final Hearing: 10/9/06 (9/25/06) Total Review Time: 13
weeks
.
2nd Letter
Dated September 19, 2006
September 19, 2006
RECEIVED
SEP 2 0 2006
crrv ~t:(;RETARY
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. 'Pitstick,
.
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the October 9th, 2006 City Council
meeting. This request is made for two reasons: one, for the
purpose of appealing the' City Engineers determination of
"rough proportionality" relative to sanitary sewer
improvements, and two, because we are in the process of
investigation regarding the County's and the City's required
documentation for septic systems.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
Sincerely,
.
~¿ -o([\~ !t1({l~
(, Jack and Dana McCarty I ()
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
·
1 at Letter
Dated September 6, 2006
September 6, 2006
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the September 2Sth,2006 City
Council meeting for the purpose of appealing the City
Engineers determination of "rough proportionality" relative
to sanitary sewer improvements.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
\;I~ *(~
Jack and Dana McCarty
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
.
ORDINANCE NO. 2900
ZONING CASE ZC 2006-11
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICH lAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH
RICH lAND HillS, TEXAS, AND REZONING A 1.468 ACRE TRACT OF
PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the· property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
.
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of thè citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 1 .468 acre tract of land located in the City of
North Richland Hills, Tarrant County, Texas, more particularly described in
Exhibit A from AG (Agricultural) to R-1-S (Special Residential) zoning.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
.
.
ORDINANCE NO. 2900
Page 2
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
.
.
ORDINANCE NO. 2900
Page 3
EXHIBIT A
Being 1.468 acres of land located in the both the J.B. Eden Survey, Abstract No. 499
and the O. Rumfield Survey, Abstract No. 1365, City of North Richland Hills, Tarrant
County, Texas, and being all of that tract of land conveyed to Cary Jack McCarty and
Dana V. McCarty by warranty deed as recorded in Tarrant County Clerk's Instrument
No. (T.C.C.I.N.) D206070029 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.). Said tract being more particularly described by metes and bounds as
follows:
Beginning at a 1#2" iron rod with cap stamped "RPLS 4183 SPOONER" set at the
southeast property corner of the said McCarty tract, said beginning point being the
northeast property corner of a tract of land conveyed to Thomas Pate by deed as
recorded in T.C.C.I.N. D204024332 of the D.R.T.C.T., said beginning point also being
on the west right-of-way line of Eden Road, being a variable width right-of-way;
.
THENCE South 89 degrees 32 minutes 10 seconds West, along the south property line
of the said McCarty tract and along the north property line of the said Pate tract, a
distance of 461.10 feet to a 5#8" iron rod found at the southwest property corner of the
said McCarty tract, said point being the northwest property corner of the said Pate tract,
said point also being on an east property line of a tract of land conveyed to O. G. Tobias
by deed as recorded in Volume 4326, Page 307 ot the D.R.T.C.T.;
THENCE North 00 degrees 42 minutes 01 second West, along the west property line ot
the said McCarty tract and along the said east property line of the Tobias tract, a
distance of 140.19 feet to a 5#8" iron rod found at the northwest property corner of the
said McCarty tract, said point being an inner ell property corner of the said Tobias tract;
THENCE North 89 degrees 57 minutes 25 seconds East, along the north property line
of the said McCarty tract and in part along a south property line of the said Tobias tract
and in part along the south property line of a tract of land conveyed to Todd C.
Stephens and Tracey C. Stephens by deed recorded in T.C.C.I.N. 0204143199 of the
D.R.T.C.T., a distance of 462.20 teet to a 1#2" iron rod with cap stamped "RPLS 4183
SPOONER" set at the northeast property corner of the said McCarty tract, said point
being the southeast property corner of the said Stephens tract, said point also being on
the said west right-of-way line of Eden Road;
THENCE South 00 degrees 15 minutes 01 second East, along the east property line of
the said McCarty tract and along the said right-ot-way line, a distance of 136.80 feet to
the Point of Beginning;
The herein described property contains 1.468 acres of land more or less.
.
.
Location Map
.
-~
_H&
1 :
I
'- --- ~-_.
__RWñfieldJ~d
.-----.._~-
----~...~...-..-.~ ! --' '
'g .~--'-
';H
.< f-
N
A
NRH
ZC 2006-11
Zoning Change; Ag to R-1-S; 1.46 acres
J.B. Edens Survey (Abs. 499)
7400 Block of Eden Rd
Prepared by Planning 6/29/06
rL1LJ
o 125 250
I
500
I I Feet
750 1,000
.
.
Notice of Public Hearing
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICH LAND HILLS
PLANNING AND ZONING COMMISSION
CITY COUNCIL
Case #: ZC 2006-11
Applicant: Cary Jack and Dana McCarty
Location: 7400 Block of Eden Rd. (1.46 acres)
You are receiving this notice because you are a property owner of record within
200 feet of the property shown on the attached map.
PurDose of Public Hearina:
A public hearing is being held to consider a request from Cary Jack and Dana McCarty
to rezone 1.46 acres of land (as identified on the attached map) from "AG" Agricultural
to "R-1-S" Special Single Family Residential.
. Public Hearina Schedule:
Public Hearing Dates:
PLANNING AND ZONING COMMISSION
THURSDAY, AUGUST 17, 2006
If recommended for approval by the Planning and Zoning Commission, this
zoning request will be heard by the City Council on:
CITY COUNCil
MONDAY, SEPTEMBER 11, 2006
Both Meetings Time: 7:00 P.M.
Both Meetings Location: CITY COUNCil CHAMBERS
7301 N. E. lOOP 820
NORTH RICHlAND HillS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the
above request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817)427-6300
Fax (817) 427-6303
.
.
Tony White
3826 NE 28th St
Haltom City, TX 76111
Ricky & Susan Jordan
7416 Eden Rd
N. Richland Hills, TX 76180
Weldon & Mary Johnson
7405 Eden Rd
N. Richland Hills, TX 76180
James & Suzan Friese
7312 Eden Rd
N. Richland Hills, TX 76180
.
.
Property Owner Notification List
O.G. Tobias
8800 Rumfield Rd
N. Richland Hills, TX 76180
Todd & Tracey Stephens
7417 Eden Rd
N. Richland Hills, TX 76180
Cary Jack & Dana McCarty
8108 Thornwood Dr.
N. Richland Hills, TX 76180
Elizabeth Spencer Smith
7313 Eden Rd
N. Richland Hills, TX 76180
John & Brandy Shepherd
8704 Rumfield Rd
N. Richland Hills, TX 76180
Perry G Weiss
7404 Eden Rd
N. Richland Hills, TX 76180
Thomas Pate
7401 Eden Rd
N. Richland Hills, TX 76180
.
.
.
h
i~
Q
~~~~
U~~
§~~~
~~~~
('Jt 'O'N ,m;)
avO!l N3C!3
-c
CD
C
o
N
CD
~
CD
.c
o
...
ca
!
c(
'I-
o
ëu
...
CD
C
~~
~I
t!~~~
~~~~
eS!~
~6~~
~~~~
.p
~
.V)
UOJ
U"I t.
U
~LnÓ
'D
lnG
0""'"
cu"'t
qri
~
..[)
~
o·
~2
~ '
~¡
co"
:¿
~
3
~
~
Ï:
.::.
~~~
fl:íS~
2R:;:
~g~
o~~
~
~
¡ii
ecc
QS~
Q~~
.
.
...
;e
.c
><
W
C)
c:
c:
o
N
.
J ~;
r::~;, \ ~ I:¡ "
~,-B ..~.... .
""- ¡ ~ ~
~Qi a~ ;-~,~ ~Ji~ ~]~ ~u ~hh ~ 1
i.{~" §e= ~!~}lj it ~j.'d~ .'o!õ Ii=i :'~'i1 . ~!.~-!
e~. ~ ... '>-:¡ !1'..1:..:'i! ~ Ii a ! ,:~J" o~.!!.. ~ ~
~e~!;I~~~ 1 i ~ î!)~- i > ~! ì It !!t II>j i IIi I! Iii!
1~~~tå~t:.~S 1~~~tl~jI1 ,j;lt ~!~;)~ =1hl!» 2U~
~~q!§~"'in;f'! h è!",<.;p5 i d ""~Ii:"~ o~,\ p' , ~~
~Îj~E,~~I~ ;iiIH8hi"¡ .IoJ!õH Ioh~H'd. ;i!~.i ~. b~
~"i~GE!· ~ ~t-:;",~,&.!.Š: 8¡i!e ~!"'~~ J :;1..13S) ·.....fa
l~i~~~ro1 ,~~ :~t~~~~Ul ~~h1 ¡~ljt2i' f~Ulj ~~š§
. t~~~~1! t" ~~~<!1~1ta~., (5 ",hSs~it ~1~,e q .. '8~g
~:o:~i':·'1§2~~ r.J~H~;~~'~ tI!.-Ji (. 1~).t!:;~ ~1~~~! J...¡
..~ ~~E~-~~ \;,~:;rU . i'~t \;~~; .~¡ Q-¡';e: 1".<.; ~
~",ECh~~Q" tL....Jo;c ~"ò.t ~L.. S~. £:L~o;:! uh
ª;
a¡
lili
Ihl J
:1
.--~ ,. I!a~~
E'
li {. ~ p i~;1
I
ª
¡
I~I
~iI
~
a
di
~iÎ
NOI.I.)(HIV
z~
f) U)I
. · I l~i i
:il~
"'J.HV;P~
~I
~
=1
;:Ilì
~ li~
~i
¡a.
ii
w;
----- I
NJI.!Q'h' ,.<I'oj'" L?O 'JOO<' I
I
I
1
¡
¡-:
I.i
~=
~f.
.~ ,
~~~
¡o!
~E
~a
~s.
lí
t:
~
Z
:a:
;.¡
;.;¡
z
5
:.-:
;.;¡
;,:,
7-
~
Z
o
;...
t: .
~~d
~ ~ f;:i
~ ~ ~~
G
~~
~ ~¡. ;~~
~ :~~ï
~ ~ ~~g;j
.
Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes
ZC 2006-11
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY JACK
McCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO
"R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 7400 BLOCK
OF EDEN RD. - 1.46 ACRES).
APPROVED
Eric Wilhite presented ZC 2006-11. Mr. Wilhite stated that this is a zoning change
request similar to many of the ones in this area that are parcels of land currently zoned
AG. There is also a preliminary plat and a final plat for the same subject tract on
tonight's agenda. This request is located in the 7400 Block of Eden Road. It has been
reviewed and Staff recommends approval.
The Chairman opened the Public Hearing and asked the applicant to come forward.
The applicant, Dana McCarty, 8108 Thornwood Drive, explained to the Commission that
she is not a developer. They are simply a family, already living in North Richland Hills,
who wishes to move to another location in the city and build a house and have a horse.
. Chairman Shiflet asked if anyone wished to speak in favor or opposition of this case.
No one came forward. The Chairman closed the Public Hearing and called for a
motion.
Bill Schopper, seconded by Mike Benton, motioned to approve ZC 2006-11. The
motion carried unanimously (7-0).
.
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No. 0.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspection
Presented by: Eric Wilhite and Mike Curtis
Council Meeting Date: 10-9-2006
Agenda No.D.1
Subject: FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a
Final Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. --
1.4 acres). *This Final Plat was Continued at the September 25, 2006 City Council
Meeting until October 9, 2006. *
Case Summary: The applicant is platting this 1.4 acre tract for the purpose of
developing a one (1) lot single family subdivision. Zoning change request (case # ZC-
2006-11) is being processed concurrently with this final plat request.
Current Zoning: The subject property is being considered for re-zoning concurrently
with this final plat from "AG" agricultural to "R-1-S" special single family residential.
Thoroughfare Plan: The subject property has frontage on Eden Road, a planned 4
lane undivided major collector street with 68 feet ROW. As part of this final plat a
required additional 15 feet of ROW is being dedicated.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The proposed plat is consistent with this depiction.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with Subdivision Ordinances and is consistent with the
preliminary plat.
Vested Rights:
August 5, 2006.
Rough Proportionality Determination: The City Engineer's original determination
was that the property owner would be responsible for $4,282.00 for future off-site
improvements of concrete curb & gutter and concrete sidewalks within the Eden Road
right-of-way. In addition, the property owner was responsible for 100% of the cost to
extend an existing 6-inch sanitary sewer line from its current ending point to the
northern (upstream) limit of their property. The total extension would be approximately
310 linear feet. Originally, the property owner and their engineer agreed with the City
Engineer's determination. However, after the cost of the sewer line extension was
determined, the property owner approached staff requesting an appeal of the sewer
portion of the City Engineer's determination of rough proportionality.
The property owner is requesting (throuah an Acceal to the sanitary sewer line
determination onlv) that they be allowed to use an existing septic system located on
their property, instead of extending the sanitary sewer line and connecting to the City
sewer system. They have hired a company that specializes in septic tanks to inspect
their existing system. The company has determined that the existing septic system is
working properly. A copy of the report is attached.
.
.
.
The property owner contends that since septic systems are allowed in the City and
since their lot is 1.4 acres in size, they should be allowed to use the existing septic
system. What complicates the property owner's appeal is that the subdivision
regulations do not allow septic systems if the property is less than 300 feet from a city
sewer line. The City Attornev has advised staff that the onlv way to arant the orooertv
owner's reauest is for Council to first arant a variance to the subdivision reaulations
allowina a seotic system to be used on orooertv located within 300 feet of city sewer. If
the variance is granted to the subdivision regulations, Council could then consider the
property owner's appeal not to construct any of the sewer line extension. This request
could be justified since no public sewer would be entering the city sewage system from
Lot 1, Block 1, McCarty Addition.
If the variance is not granted, then the sewer line would need to be extended and
Council's options would be limited to the following:
1. The property owner would need to extend the public line to the limit of
the northern property line (approximately 310 feet at an estimated
cost of $31,000); 2[
2. The property owner would need to extend the public line to the limit of
the southern property line (approximately 174 feet at an estimated
cost of $20,000); 2[
3. The City would use public funds to fully extend the public line either to
the 310 or 174 foot 1engths. Rough Proportionality provides for this
option, but it should be clearly understood that doing so requires the
general tax payer to cover utility costs that developers are typically
required to pay. While this option is available, staff does not
recommend its use as doing so places an unnecessary burden on the
public.
In summary, this Final Plat case has three distinct elements. (1) A variance request,
(2) a rough proportionality appeal; and, (3) the Final Plat itself.
If the variance is granted then the property owner will be allowed to use a septic system
and will therefore not need City sewer service. If the variance is denied then the
property owner would not be allowed to use the septic system and would therefore need
City sewer service.
The property owner's appeal to rough proportionality must be acted upon by Council
whether or not a variance is granted. If the variance is granted then the appeal could be
approved because the property owner's lot would not be adding demand to the City
.
.
.
sewer system. If the variance is denied then the appeal must be denied a_s the property
owner would need City sewer service. Council would need to determine how much (the
310 foot total length or the 174 foot reduced length) sewer line would the property
owner be required to install to serve the lot.
Council's option's are as follows:
Option 1: Grant [by a motion and vote] the variance request of the property owner
to be allowed to have a septic system and grant the appeal to not be required to extend
the existing sewer line.
The following steps are required:
a. Grant, by a motion and vote, a variance to the subdivision regulations
as outlined in Article II, Sec. 110-42 Variances, Part V Design Manual,
Section 1-103, Sewerage system, E, Alternate sewage systems, to
allow the use of a septic tank on property located within 300 feet of
public sewer.
b. Grant, by a motion and vote, the property owner's appeal to not be
required to extend the existing sewer line on the basis that no flows
are being contributed to the public system from this one lot
su bd ivision.
Option 2: Deny [by a motion and vote] the variance request of the property owner
to be allowed to have a septic system and deny the appeal thereby requiring the
existing sewer line be extended to Lot 1, Block 1, McCarty Addition to provide sewer
service to the property.
The following steps are required:
a. Deny, by a motion and vote, the variance request to allow a septic
system within 300 feet of city sewer.
b. Deny, by a motion and vote, the property owners appeal and require
the city sewer to be extended to Lot 1, Block 1, McCarty addition.
c. Determine the limit of the property owner's obligation for sewer line
extension (either 310 feet or 174 feet) and include the length of sewer
line required in the motion to approve the Final Plat.
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve FP
.
.
.
2006-11. The property owner's request for a variance and the appeal to Rough
Proportionality occurred after the Planning & Zoning Commission reviewed and
recommended this case to City Council. The Planning & Zoning Commission
recommended this case with the City Engineer's Determination of Rough Proportionality
intact. The City Attorney has determined that this case does not need to be returned to
the Planning & Zoning Commission for additional review because Council's granting or
denying of the property owner's requests will not alter the details of the plat such as
easements or rights-of-way.
Recommendation: Open the previously continued case and approve FP 2006-11,
including the requirements to provide payment for future curb and gutter and sidewalk
improvements, and to approve the provisions of either ODtion 1 or ODtion 2 listed
above.
Review Schedule:
Application: 7/31/06
weeks
Final Hearing: 10/9/2006 (9/25/06) Total Review Time: 8
.
2nd Letter
Dated September 19, 2006
September 19, 2006
RECEIVED
S£P 2 u 2006
CITY ~t:(;RETARY
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
.
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the October 9th, 2006 City Council
meeting. This request is made for two reasons: one, for the
purpose of appealing the City Engineers determination of
"rough proportionality" relative to sanitary sewer
improvements, and two, because we are in the process of
investigation regarding the County's and the City's required
documentation for septic systems.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
Si ncerely ,
I. £ .c<£\~1Vt({J~
~ and Dana McCarty · ð
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
.
1st Letter
Dated September 6, 2006
September 6, 2006
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the September 25th,2006 City
Council meeting for the purpose of appealing the City
Engineers determination of "rough proportionality" relative
to sanitary sewer improvements.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
/~ *(~
Jack and Dana McCarty
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
.
APPEAL LETTER TO ROUGH PROPORTIONALITY
September 19, 2006
To: City of NRH
Honorable Mayor and Members of the Council
We respectfully request your approval of the following:
Zoning Case ZC 2006-11
Pursuant to Zoning Ordinance Article V Division 3 Sec. 118-631 we are
requesting a zoning change from AG to R-1 S to allow for the permitted use of Single
Family Detached with a special use permit for livestock uses (Horses).
Final Plat Case FP 2006-11
.
Pursuant to Zoning Ordinance Article V Division 2 Sec 118-611 , Lot
Requirements (1). We are requesting approval of the Final Plat to allow for application
of a Building Permit to build a new house in place of an existing house.
At the same time we are also requesting Council, pursuant to Zoning Ordinance Article
V Division 2 Sec 118-611, Lot Requirements (5), to approve the use of the existing on-
site certified septic systems as "Adequate and proper sanitary facilities". In addition we
are requesting a variance to the subdivision regulations to allow the use of the existing
septic system on the following basis:
1. The approximate $20,000 cost to extend public sewer is creating a financial
hardship.
2. This is a unique situation in that it is a one lot subdivision that has a certified
septic system in working condition that could be used as an approved sanitary
sewer facility.
We agree that at such time the city sanitary sewer is extended to this property and
made available, we will comply with the provisions in Buildings and Building Regulations
Article IX Division 3 Sec. 98-431 and 432 and that the existing septic system will be
used for the proposed house.
We are therefore appealing the City Engineer's rough proportionality for the sewer
extension and requesting that the subdivision variances be approved and we not be
required to construct any sewer line extensions with this plat. No sewer extension will
be necessary if we can use the existing septic system.
Thank you for your consideration on these items.
.
.
Jack and Dana McCarty
NRH
CITY OF NORTH RJCHLAND HillS
MEMO
TO:
Mayor and City Council
FROM:
Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director
SUBJECT: Appeal of Rough Proportionality Determination
McCarty Addition: Block 1, Lot 1 (FP 2006-11)
DATE:
September 19, 2006
.
The originaf Rough Proportionality Determination C'RPD") for the McCarty Addition
C'MA") was made in accordance with the City Code, Chapter 110-365: "Sewage facility
requirements", which states, .. . . . AU sewer mains constructed within the proposed
subdivision shall be extended to the perimeter of the proposed subdivision to anow for
future extension of the sewer system into adjacent properties regardless of whether or
not such extensions are required for service within the subdivision. . .11. The initial RPD
required the developers of the MA to extend the existing public sanitary sewer
approximately 31 Q'. Currently, public sanitary sewer exists approximately 174' from the
McCarty property and as this property has 136' of frontage. the total distance of sanitary
sewer necessary to comply with Chapter 110-365 is 310' (174' + 136' = 310'). In order
to meet the criteria of the Public Works Design Manual. this 310' of sanitary sewer will
also necessitate the construction of two sanitary sewer manholes.
Among other items, the City Code, Chapter 110-455: "Appeals Procedure", requires the
city's engineer to evaluate the appeal and supporting study and to make a
recommendation to the City Council based upon the city's engineer's analysis of the
information contained in the study and utilizing the same factors considered by the
engineer in making the original proportionality determination.
Therefore. since the MA requires only the initial 1741 of sanitary sewer, including two
sanitary sewer manholes. in order to provide publfc sanitary sewer service to the MA,
the construction of these public sanitary sewer infrastructure items is required for the
development of the MA as proposed by the developers. Further, the developers should
be required to assume 100% of the amount required for such pubfic sanitary sewer
infrastructure improvements.
The above determination of proportk>nality is made pursuant to Section 212.904, Texas
Locaf Government Code by the undersigned professionat engineer in the employ of the
City of North Richland Hills, licensed by the State of Texas.
cc: Jack and Dana McCarty (via emaU: jdrsmccarty@cs.com)
Ernest Hedgcoth, P. E. (via fax: 817.831.6368)
.
.
CORNISH-BURTON SEPTIC SERVICE
PHONE # 817·427..0228
FAX # 817-427-3466
TNRCC PERMIT #231 58
YES NO
--- ::b
t--
_H¡~
,. SEPTIC TANKKS NEED TO BE PUMPED AND CLEANED
2. LATERAL UNES APPEAR TO BE OK
3. TOILETS FLUSH AND DRAIN PROPERLY
4. SINK AND LAVATORIES DRAIN WORKING PROPERLY
TANK CAPACITY
__.o_Q.Q.
.
NUMBER OF SEPTIC TANKS
__.d___
_2~:P-S-f¡~~~ftl~~-~~=~~~~~~~~~-------------
_1l~ft~~~:J:~__1~~~______________________________
~-----~~~-~~~-~~~---~-----~~---~--~~-~~------~~~--~-
REMARKS
L:"_£j4a~~d..lb.~~~~~~!!l..~r_Þ.œ..~:..!k.~~
~~~~-~~4 ~~~-r~~~~~-~
~~.U:.1'_\.~\~~~~~ · -/.:¡Lf?~L.i~ IE
SIGN AND DA Tf
~~ __!l__LlJ:de
.
.
.
N
A
Prepared by Planning 7/31/06
.
Location Map
-' =='~~~Ki[k~[Í1_,_- ~~:~
I
i
I , __L_____
, (_-~'~~~~d -~~infIe~~~cl--;- .~
~ I i" , ¡
L- - i -- -- --I {r -"~
\" .....'""7~
ii,
I I -.- -,--..-- ...,./ /~
I ~- J, I --t ~7//
I I : ( .:
I I --, 1 r----r--¡--J 1-":- -- -'---1
",:~;:·~~j.h~~:~' ~ r'J:'--~L~j \~-.L.I_
_____~__ ; "., ,- ----T-- -- ... .
- 'J r. 'i-'r.-----I, --.., --I
,~-j I I H_~
.J 'EiiilITIT' i -' : iJ
¡ ¡-----¡ . 1-1
1-1 i -..J i __,i ~j _,'. _.-.-, ___I ·-ï-.. '--:-, - ~,-'- ~ -- ~
_ __,__ .--- -...--- , . '.--í' I I, " : I
. · _ T -'r--- .~ -or..i _L C.!T '- ~-c-,~--
------~ æ- I .' ." . '. . '. ~ - --,-' "
__; -a ").-l-_,,-, / ¡-" ,(,-'\/i'" (~::.// 1 /_=:~ _', //~'
l1 . \ . "--i --', J-. >-~¡ (~ ! .' i'
1l-j t ·tj [=CJ --i~J_.7lt_
--,..,...,..
í .__
NRH
FP 2006-11
Final Plat
McCarty Addition
Lot 1, Block 1
IlJLJ I I I Feet
o 125250 500 750 11000
.
.
McCARTY ApDITION
BLOCK 1, LOT 1
.
Prepared by NRH Public Works Department
LOCATION MAP FOR
McCARTY ADDITION
RUMFIELD DRIVE
c
g
~
Z
w
Q
W
. .--.. ---..-- .
!
NO~THERN LIMITS
~
EXISTING SEPTIC
SYSTEM
174' SEVVER
EXTENSION
310' SEWER
EXTENSION
EXISTING seWER MAIN
.
Public Works Sign Off Letter
NRH
CITY OF NORTH RICHLAND HilLS
MEMO
FROM:
Carolyn Huggins, Planning Coordinator
GJenn Smith, Engineer Associate %
TO:
SUBJECT: McCarty Addition; Block 1 - Lot 1
Finat Plat - FP2006-11
DATE:
August 11 t 2006
PubHc Works has reviewed the final plat submitted to this office on July 31 r 2006. All
Public Works! requirements have been met.
cc: Greg Van Nieuwenhuize, Assistant Public Works Director
.
.
GES/pwm2006-167
.
Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes
FP 2006-11
CONSIDERATION OF A REQUEST FROM CARY JACK McCARTY TO APPROVE A
FINAL PLAT OF LOT 1, BLOCK 1, McCARTY ADDITION (LOCATED IN THE 7400
BLOCK OF EDEN RD. - 1.46 ACRES).
APPROVED
Eric Wilhite presented FP 2006-11. Mr. Wilhite stated that this is a final plat for the
property discussed in ZC 2006-11. The final plat is consistent with the preliminary plat.
It has been reviewed and meets all subdivision rules and regulations and Staff
recommends approval.
Mr. Bowen asked Staff if they had made the applicant aware of rough proportionality
determination. Mr. Wilhite stated that all applicants receive notification of such terms
soon after the exhibit has been reviewed by DRC. At that time, they determine what
they wish to do.
Mike Benton, seconded by Mark Haynes, motioned to approve FP 2006-11. The
motion carried unanimously (7-0).
.
e
·
..,
:c
:E
><
w
..,
.!!!
a.
ra
c
ü:
..;: I I I
UI!~ ilJ~ !di Jh )!nl
c \ I.]' # 't J
HH hI !1¡'! IH lUll 11 ;il
"'1 ]!1 J~ ~ j~( '1':'1" rl5
I HJ'! ; ì!l 1m ,ii hi ¡ ¡ ,i J !~:
II. I !I'! ,'f' I!' 1'.1,' ì II>
!fl!¡ :1Ì111tJ i 11 Hi If! ! i UI
i¡!li "U !IIi!!Ii 1j¡!1i Ii I Ii!
! h~ ~t IJI~! I i~;: u~ ,111J1 d~ 'I I! j~~;
¡ I "~ 1 J' ,I' .,' ,'11 ¡I"
; ¡PH ~iØ flit! !Ji hïlit ¡¡ I Ilil
i íJl~) JIJ} dl:~ !", "1,1} jl I ¡III
J I, 1.1 II .Ih ilJ)ill d J ~~=!
...1 h ~ d~'
,-,51
~i~;"
~¡:;~
-----~-
__MC~~Ol'tM318't1~.^
_ g N303
~~ ~
;~~~i·:
~m~~
"'~
¡!~,:
: t:~;
nõ~t)
I: ~
~ ~
¡ 1
~! '- í
i!1 "
~:!!!
I~I¡I
~II~~ ~
i~ih !
1~,li !
~~2;e i
== ,~~!I e
hsh ~
i un~ I
~~ '1111 s
~i Ui II
I §
I I
~ ~
~J
!ª ~~
9' :;
U ~i
d5 ¡i
..~i
!~~
~. ~ ~ I
.. 8
~~~
!i~
0:.-'-- l'
I
t:::~:~:~~-lL""~-
~¡L _- ~ =~-.. .~~' ~ !!!j
, : ~œ "
I' : :: , '
I II
, : : II
"'11 : I
,/ I :: I
I -"
, , I hi'
ii' j i!í;
I I:: ~i~..¡~¡ ~~!'
~- ;: I
:-1,: I
, \'1 j
i JII~ .: !~
: ¡;~
I I : :
, : : I
I :
: I
I :
, I I
I II i~ ~~ I
9' I 1 I
~ '" ,:' 1
: ~I !i ~i
ì ~L.r!) , ,
!j¡~':'~> -'; ~t~ ~~~~~.
h :¡~I~
j::d
~~:""
~~~~
.. ~
-=~- :Ii~
o 5
...111
ZwØ'l öŽ
o xØ'lzQ
ë=:=:ui;1/I
";§~~~~ê
~g<VI o(~:¥i~
~~~m!l~
,- 0(
0-
~¡¡;¡
~I~~ .
~ia~~
_. ~~o
~d~ '
¡<L :,:"':
~i~;~
_ ..~~ '"
b ,
ii,!
~ dt!~
! ;n~
~~:l
$~.,;.~ i~i
~i'~ 1 "'" r ~I
';~;¡¡~:,¡ Ii:!
;:¡u~.
~¡iIB
f ~Sir'
~ !l;!:
" ~~~I'l
: !~tt~
; 1I~1~!
J ~i¡i~
I ~~~~~
~ã
I
!
'.'
illi i
~
;5·e
a, ~ ! Ii
Ë § ; t
!~ ~ !5 ;
S 5
h~! ~ ~
€!
!II i I
!Iií I
;~ ~ i i
ii~; , !
J:~n I i
E &
U~i I !
!i
:. :,,:,
¡~
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No. D.2
Subject: RP 2006-10 Consideration of a Request From Smithfield Summit, LP to
Approve a Replat of Lots 15 & 16, Block H and Lot 22, Block J and portions of three
unplatted tracts in the John Barlough Survey to Lot 15R, Block H, Smithfield Addition
(Located in the 8000 Block of Mid Cities Blvd. - 4.996 acres).
Case Summary: The applicant, Smithfield Summit L.P., represented by Mr. Daryl
Barrett, is requesting a replat of 4.996 acres in order to develop a retail/commercial
center. A portion of the development included two platted lots with the remainder being
unplatted tracts. The development will have limited access points with one from Mid-
Cities and another from Smithfield Rd. No access drives will be from Davis Boulevard. A
portion of the entrance from Mid-Cities is being platted as a cross access easement in
the event the property is further subdivided to allow access for future development of
the remainder of the property. A Site Plan for the property is being considered
concurrently with this replat.
Current Zoning: The site is zoned "C-1 "/"CS" Commercial/Community Services
.
Thoroughfare Plan: The site has frontage on Mid-Cities, a,6-lane divided, principal
arterial with variable R.O.W., and Smithfield Road, a 4-lane undivided major collector
with 68 feet ROW. Approximately 9 feet of R.O.W. for Smithfield Rd. is being dedicated
by this plat.
Traffic congestion is also a concern at this location. The applicant was required to
submit a traffic impact analysis (TIA) indicating how the proposed development would
impact the existing streets. The TIA indicated that 2 drive approaches would work for
the site. One approach would be at Mid-Cities (with no median opening) and the other
approach would line up with an existing street (Arthur Street).
There have been some concerns from residents about the existing traffic currently
queuing up past the Arthur Drive intersection directly across the entrance drive to the
development from Smithfield. This does occur, but it is not the result of the proposed
development, it is a result of the amount of traffic traveling from north to south during
the morning peak periods. When traffic is flowing normally along Davis Boulevard during
the AM peak periods the traffic on Smithfield Road backs up just past the Arthur
intersection blocking the intersection for a short time period. However, when traffic
along Davis Boulevard is heavier than normal this causes an increase in the traffic
south bound on Smithfield. The additional traffic causes the queue to be much longer at
the Smithfield Road and Mid-Cities intersection and therefore causes longer delays for
the residents leaving Arthur Street.
The long term solution to the traffic congestion along Smithfield Road is something that
the city is currently working to implement. This consists of two CIP projects that are
.
.
currently under way. The projects are the Davis Boulevard/ Mid-Cities Intersection
improvements and the Davis Boulevard Lane Expansion project. Both of these projects
will improve the traffic flow along Davis Boulevard and therefore likely reduce the traffic
on Smithfield Road.
Short term assistance with the situation will consist of staff placing flags on the Do Not
Block Intersection sign that currently exists to attract the attention of drivers to the
needs of cross traffic from Arthur Drive. The Public Works Department will also place
markings in the pavement at the intersection indicating that the intersection may not be
blocked.
Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. The
proposed zoning is consistent with the Plan.
Staff Review/Rough Proportionality Determination: The Development Review
Committee has reviewed the plat and has determined that it complies with both the
Zoning and Subdivision Ordinances and is ready for consideration by the Commission.
The City's Engineer has determined that any infrastructure construction required for the
development of this subdivision, as proposed, will only serve this development and
therefore 1000/0 of the cost associated for such public infrastructure improvements are
assumed by the developer.
.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, September 21, 2006 and recommended 4-0 to approve
RP 2006-10.
Staff Recommendation: Approval of RP 2006-10.
Review Schedule:
Application: 6/2606
Final Hearing: 10/9/06
Total Review Time: 14 weeks
.
.
Location Map
.
,"'-,7 ..:~
; /:..-.,~~~~, ~
. ;;>2¿~~~~;;~'?\~~~
N NRH
~ RP 2006-10
f\ Replat
Smithfield Addition
Lot 15R, Block H & Lots 22R 1 and 22R2, Block J
Prepared by Planning 6/27/06
~Fee
o 135270 540 810 1,080
.
.
Public Works Sign Off Letter
NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Carolyn Huggins, Planning Coordinator
FROM:
Caroline Waggonert Civil Engineer
SUBJECT: Smithfield Addition; Block HI Lot 15R
RP 2006-10
DATE:
September 15, 2006
.
RePlat
On September 7, 2006 the Public Works Department determined that the RePlat for the
Smithfield Addition; Block H, Lot 15R (RP 2006-10) dated June 2006 and submitted on
September 13, 2006, met the requirements of the Public Works Department in accordance
with the Subdivision Ordinance (Chapter 110 of the City Code).
Rouch ProDortionalitv
The public improvements indicated on the public infrastructure construction plans are required
for the development of the Smithfield Addition Subdivision as proposed. Therefore, the
developer will be required to assume 100% of the amount required for such infrastructure
improvements. In addition, The Subdivision will have an impact on the existing public Right-
Of-Way ("ROW") and as such, the developer will be responsible for the construction of
sidewalks adjacent to this development Such amount is roughly proportionate to the proposed
Smithfield Addition development.
The above determination of proportionality is made pursuant to Section 212.904, Texas Local
Government Code by the undersigned professional engineer in the employ of the City of North
Richland Hills. licensed by the State of Texas.
The Public Works staff witl be available to meet and further discuss this rough proportionality
determination. The developer/engineer/owner may dispute staff's proportionality determination
by filing a written appeal of this proportionality determination, along with 15 copies of such
appeal, with the City Secretary within 10 days of the date of the Planning and Zoning
Commission. The appeal shall comply with Section 110-455: IiRough Proportionality Appear
and Section 110-456: "Appeals Procedure" of the City Code.
~ ' /'
~~,A-J ~
arOiTne Waggoner,~
Civil Engineer
cc: Gregory Van Nieuwenhuize, P.E., PubHc Works Assistant Director
.
·
Excerpt from Planning & Zoning Commission Minutes on September 21, 2006
RP 2006-10
CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE
A REPLAT OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS
OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT
15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID
CITIES BLVD. - 4.996 ACRES).
APPROVED
Eric Wilhite presented RP 2006-10. Mr. Wilhite stated that this is a replat of an
approximately 4.9 acre site located on Mid Cities and Davis. There are two existing
platted lots and the remainder is a tract; all is being compiled into one lot and replatted
as such, for development into a commercial retail strip center. The site plan for this
development is the next agenda item. Staff has reviewed the subdivision rules and
regulations for this plat and it meets all the criteria. Staff recommends approval.
Bill Schopper, seconded by Brenda Cole, motioned to approve RP 2006-10. The
motion carried unanimously (4-0).
·
·
.
.
.
:i r.,
~ m~¡¡
~ .
~ ~ij
~ ~~ 11
; ~i-I~¡
¡ ;i:
~ ~~;~
'- ~
~ ~ ~ ~
d
~, I "
~
~~~
~~~
r~
II
i .\Ij~ 1-__.:. ,_
rtMN..,· :
;1:.7
.....
;e
..c
><
W
.....
~
c.
~
-;, ~~~~r\ "
.1 "I~ l'~
t-·, '
" I
t'~ I '; r - :;; -.
..=~ III : 1';..1 .
~, III .' Ó "', ·
.;¡ , ~ 11',\-,1,,', . ',n..
. I . ':'~ '
iì" I I .',"
~ t I~ ; .;,
~:..~¡I;~~, \ :~.:~
~ . ,"" , -: ,:)\ ~ ~.-
~~-{ . I" ~.
>., -;r): .;.,~;;',.: : I: ~ :: ~! ¡\ ~,'; ')~
. ,..~œ~ ~_~~; Iti. ) -p,~ ,;;~; :'t:;:\:~' \~';\
I I II"'" '. :' ", \\. "
I Iii ;!~ · ' ! '" ' '
~. : ! !~~p ~ ': :,h,J;" '~.,.:
12 I I : '0; ," < U
: ,I ;~\>.,;;è\ \'.;
. I I: : ~ ~:""""~~' \"" :~ '. ", r·
! i :} " L'.: \\;:~,
, I ' ! ~ . c .c\ .\., ,.
~~; ~: \, ~" ~ ': ~:""~:: i-
f~:I:\~' ~
:~' '" '..~ '..l' ~~\~, ~
1ft, :f'.,
: I \ " ":, '.C :
i I ~ t~ ~ ~ :~ ;
I ~
.' '. ill I h
g~ I ~
:,1-
,., :~ ..
~ I ~ f",$
V' I! .
I
~~r .oo.~
111:.1
" ~ ~
~ ~. ;
..... (, ~
u 0 ..
.. '
.., ~- :
- Co
: ~ ~
" "
4- .
~ .. ..
.., - .=
or ~
oC' -' ...
" ~ \
~ . u. ~
~ -.: ... I
J -
t" U
- .' ~
~ () 'I
'" J
.o~~i:" -
~JI :J:"¡ ~,;;¡~ _ ~- " . !.
'"~.' ç ~~ . ~. ~ !.'(,I~.i
. .o:~:~~~'~JJ' Ii·
n 1/ :":
fj ;
: ;a
~ ~ VI
:i~ :
:¡~ !
I i~u ~
" . r
r- ;~!~
. ~~~ ~~
~h "'k.~,:
a~~ :k
~:<ð ~..
~t ~¡
.;~¡: ..It
,:;.~.~:.'"
(:, ="~t
"id~ir ~l ~ ~j ~
~!;~jè~ ,;~.. ;. i¡ ) ~~
~gm¡ ~;!~ ;! Hi} W
¡;~!! ,I 'NH¥;' ! ¡:;: ¡,i
~. :~ôi~lö ~~;1~ .~. iji ~ ~;.' 1
: ~i¡t'~n¥j !g3;~ ~~; §~~:Ii .J;,
t ~¡¡~~IP ¡¡~..I!~ !::w :i~~" .~."
~ ~!;;.¡:¡ hm ;:ì ~¡~ ¡~~!¡
1 "¡.,.I¡,' "I. '1' "'!' '·i·
;;.1:"1 ¡:in ~ ~ !~:; w~
~.¡f1;¥' !-B¡l! ,h II! ;. (i.J;
¡;..¡ '..! ::.r."~r h::: ï'1 '1] ~}i
I'; ,"Ii .'j" ~.¡ . l' · 11'
¡i:!;h ~M! ~:¡ ¡:~ ¡¡ Uì
M'iI ; 1;31<1 ~~: !I' jJ ,.'"
~.Q~~,.-,H ~~~:Ê 5'~ .~..; ~~ t ~~~
a..-l. -H ~.:¡ ~: H1;
J"
J
J
(,
- ")
~ ~,. ~
I- -:
.:i ~ S~
r n:.__
IJ- Ill_I
i1: ~: I~ j
~: i ~
'~ T
1- ~
~> ,:,1
(/1
:"'
~I'I
'r.
=¡~~
~;~~
~~;~
~~i;
~~~~
~~~~
i~~i
~:~~
~~~¡ =ª
. ~~~:~ ~;~:
~~ ¡i'~1 ~~~~
:~ ~~;~; ~~~i
¡å !~~!~ ! iõ~
:..~...'.~/
'" ª
~. . ~
¡ ~
\, '
", t.\
I~ ~~
;,..--1
I,¿
f~ ::.:
:; ~
~Ió,f)~ï
a õ:'
f ;:
~.~ ~
;.,
·i
I ~
d
I~;,.~ ~:
I;,' .
1>,6
i~~¡.
ro~~i
~I;~
¡~~¡
t.,J~ I
~!I'I!,!,
¡~!I ¡
f¡8~ ~
I ,,;!i i ~
~; ~~p~~ ¡ ~
,~ "';,,~~. a
~~ ;~!~.: ~ .
~n u~~J ~ Ii
~ ,; ~ t1! 1." h
1!:~ 'r~i.ì': ,~.. ~
:!!! i ~¿¡ ~,! .~ ,:;! r '
¡;!; i ;! ~~' i;~ ¡ ¡
1~ ~ ~ ~ 1 ~ .'.' ' , I ~; ~ '. n
;3\;1 : ~¡I f!'; ÎÏf: :
_.~...h I ,Ii! -,~ nl~, .. ¡;" E
h ç,~: I .., f ~ i p' f~ ~ C f' !
f!~:~ !' rJ'í iJ ~:;t·i! g If ~
~;~!' ! ~:, ,~¡pl ! ~~ :
~':'.ill '.....t!..~~~J ~~i:.
.~!~¡ ! !iI :J ;,,;i\ ! ;; il
h.¡¡'·-3 "...' :a.~,1 t· .
~;j:! .~ ii, I! ~m! ! H ¡¡
)1;:1 :1.] :: ¡hl.li J ¡¡ \1
!íl' II!!.! 'i.!,Hrh1ii f-
; .~r: i~ 1~.1 i!~IIî!' I !¡~~ ·1
.ì<" ¡JI!,d~¡;.,·t: II" \.
I _13 ,1 ..1!f:'.JI'J~i.,¡ ¡¡'tot ¡-J=-
'r 's! ~ 1111 3~1!¡ 3¡
.
.
~
;e
.c
><
W
~
~
c.
~
....
o
~
Q)
:>
ëã
~
Q)
C
.
,...
~é~ ~
~~t ~
;z:~ :s
;~7 ~
~~~ r.J
~d ~
n P.í~~ ~tñ
~ I ~ ~¿~
ß ;æ ¡, T ~
c ~~.d ~ß
lñ i ~sa
~~!: ;~
~~; ~!J
i!5gR ¡~
~~ ."iZ:
91~ ~~
_J~fi co-! ~
10'" ,££:Ô· :> .. ...
~¡ ,GU.l.ÞO ~ t)7 ~
~ ,9&' Þ~~I V). ->
51 - 5>-1} L "" ì · ·
: :!! ! ::r = g 1ng .~
~~¡,¡ l\1~ ~~- ~ g ~ ~ ;r <;>
..E~ ~ ~- I;-- ti~ð - t'") N ~
~::- . /:;-..~ _ 7'" -", -.. II II ... OS) ~
>" x ~ I:¡;;¡ - 'ii!"/'I" - ~ ~ - -.. ''-, "" -' II '~ -
I I '" .... D .lli;",' %Q ~ ' "1
t- - __: ;¡ [II ~;'j~ - I ~ ,. -"', Ì\' ~
~ w I II' '" ',2-'- II' II;; _J__
:. ~ CJ Q.. ~..r- Il.u l i:ð h èn '
" I ... 0 - .. ~ " -. ''1'' · ~
.. ß 15/!;: ~ T - .:! :;: s,j In ~ .
~ I~ ~ffi -.., IIII~ S
~ I ~I ~"" ~ \ "' ~ ,,- f;I
to I " W u , .. '"
(/ I L -" ~ I ~,I
~~~ l.o2:: _ -=- -=- - Í1 I '\
H01~~~ ~~¡1 I \: \,~
I 1 ~\:" ~: ~ t.., \
i'~ Ii !I \,~~I\~;' -:::~ ~
=~ ~ I~ ><: ') 1,,\·::-.. "~.;,. \~ ,
~_~ "I ('" : ~ 1-, .~ ...'
ð~ 1'").... <:> ë< \ ~ ~-
aa.~ÅU1 ~~ :: I : - ¡~! í ~:~ _..I
_ _ ~;;¡.¡" M .1.6'6L I I >- "" I... - ":\
_ _ _ _ ---=- _ _ DO,!:; ~.oO S 0 \.-"" ""."1 \3-~ g u
IN.......,- _ - - I I í-Î....¡- -\..- ~.. .-'
L.oo S / I - · !,. \ \. ~ >:. '\ - ~ '!. ~ ~
.00,g _ _/oJf11H1 ··-:.....'1 I 5~ )-r~~ ~\.-~;~-';I\\- ~\~(~~1Ç~
l I 1 ~~~~// I 0 ~~ \ '\ \~.'\"-.
I I I ;;:11i1l!~ '" \ ~ \ ~
I I ~e! u
I I ~I\i~ .... \ ~:;.¡\ .
I I ~~~~ '" ~ ~ \ ¡;;¡~ \~ -~,
'-"I I I ,. ~ ¡¡~ - ~¡¡¡ ~. - . to.
" II' ; : : ,.., \ \ ",'r.. 1..
I~ I I & ::, " -:. \~ ..
I I I 10- Q \... \~ I-J~~I
lOw .-\:. 1 t ~
1 I ....,.. ::; \ \ -~
QI I I '" .. ~ 00( \
~I I I~ :::: -;: '" ::~ ~ \ \
~ 1 1 ... ¿ :z \ ':.1 \ --
~I I ~ ::> "- Q \ '"
to 1 I :>¡ 0;, w ,\ '" \I ~
I I I- \.. \ r";
w ~I I- .\ \ ~ ... ,-
,IÞ: I II ~ « \ ~ ~ \ -cO"',.;
~ I ~I ~ ~ I "'\ ~ ~ cp.
I ~J~ I ~ \ I I- \ ..J ~ m
a:> ~I ¡;¡ - ::> \.¿ <;;;:~
121 I.... 5~ '" \10- t ÿ¡ II?
,J 1 I I- ~~~~~. ~ 1 \~ j ~ .1 ~
L, 1 I '"' i~;~~ 1 1~ :ï' \ .~~
I I I I ",¡r¡~ u,o n !'I
. 7 \~~ \.A4.· _..._' --- _I' ¿ ? ¿ å
I I . tr'.:= .:! _ ,- -- - /' ::> 'ò;
I I ~~..."'~~ -- -- -.....< ~_. I. 1\
_ ""::.,..... ,', ~ J' ,-;t----\ - - '301"""", .-;' ~ ; ~ no:
.., ...,'1...., '!. L ,~ .....:...!'..- no I
] . L,CH.oO N ~ '
I¿,
u ~
o L.
.~ -----\
CI:I - '"
z
-;- S
~ ~....
,..~ :: .!
~
I- ~
C1
o
:.>-
\~ ,-
\3
o ~'"
CO'Ó
~
(R
,~,
" ..:::=::::::.,:::
\
~
C1'
.L
í~
.IS..
"7
\,-
\
C':I
2
:!
~
C'J
I
~
(I V () (1
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 10-9-2006
Agenda No. D.3
Subject: SP 2006-10 Consideration of a Request from Smithfield Summit, LP to
Approve a Site Plan for a Retail Center, Lot 15R, Block H, Smithfield Addition (Located
in the 8000 Block of Mid Cities Blvd. - 4.996 acres).
Case Summary: The applicant, Smithfield Summit LP, represented by Daryl Barrett,
is requesting Site Plan approval for the development of a 31,350 square foot retail
commercial center. Primary orientation of the structure is towards Mid-Cities Blvd. The
applicant is currently seeking tenants. The structure will have adequate space for a
variety of retail, commercial or restaurant uses. Due to drainage system sizes, the
development is being required to provide on-site retention. As part of the site
development, a storm water drainage facility is being constructed in the eastern
undeveloped portion of the site. The facility is located in this area of the site due to the
natural drainage patterns and based on the location of the existing system to tie into. It
is possible that when a future phase of development occurs the configuration of the
facility will change, or be placed under ground. Access to the site will be by two
locations with one on Mid-Cities, which will be the only one from Mid-Cities due to TxDot
spacing regulations, and one from Smithfield Road.
.
Citizen Concerns: Several property owners in the vicinity of Smithfield Road and
Arthur Drive have expressed some concerns about this development. They have
submitted a petition (see attached) listing several improvements they would like to see
put in place in the Smithfield Road/Arthur Drive area. As this is a Site Plan case
versus a Zoni'ng Case, the petition has no bearing on the number of votes needed
to approve, a simple majority is all that is required.
Their concerns appear to be primarily related to the existing noise and traffic conditions
rather than the specific development itself. One concern is that this development is
going to add to an already difficult situation in getting out of Arthur Drive during certain
periods of the day. It is true that this development will be increasing the traffic on
Smithfield Road but the increase in traffic will be insignificant compared to the
existing traffic volumes. Currently over 8000 vehicles per day drive this section of
Smithfield Road. No specific counts have been taken during the peak times (am/pm) but
it is estimated to be approximately 2000 vehicles. Based on the Traffic Impact Analysis
(TIA) performed as part of the submission requirements for this project, a total of 214
additional vehicles per day would access Smithfield Road. Of this number 39 are
projected to be associated with the am peak and 185 with the pm peak. Of the 39 am
peak vehicles, only 10 are projected to turn left onto Smithfield Road potentially
adding to the difficulty that residents currently experience exiting Arthur in the
morning "drive to work" time frame. The property owners are requesting that the
developer improve Smithfield Road by widening the existing road to include extra lanes.
Widening the road and the Smithfield Road/Mid-Cities Boulevard intersection would
improve the traffic congestion but staff can not justify this being the developer's
.
.
.
.
responsibility. Making these improvements would require additional right-of-way from
the west side of Smithfield Road (opposite side of the proposed' development) and
would require the developer to correct an existing traffic issue. The developer was
asked to dedicate his proportionate share of the right-of-way from his side during the
platting process (which was done) but the developer was not required to make
improvements to Smithfield Road. These improvements would need to be treated as a
future Capital Projects Program (CIP) project with an identified funding source. '
Another request from the property owners is that "No Outlet" or "Dead End" signs be
installed at the intersection of Arthur Drive. Public Works staff will install a sign and
place flags on the existing "Do Not Block Intersection" sign to draw more driver
attention. In addition to the signs, "Do Not Block Intersection" pavement markings will
be placed in the intersection. Staff believes this will improve the access situation.
The third request from the property owners was to require the developer to construct a
masonry screening wall along the Smithfield Road section of the development. They
want to block the new development from the residential property along Arthur Drive. The
property owners also believe this will help reduce the noise from the traffic. The
developer is not required to construct a masonry screening wall for this project. Since
the developer has met all of the city's submission, design and approval
requirements the Council does not have the option (per a ruling by the City
Attorney) to deny the site plan on the basis of not providing a masonry screen
wall or any of the above mentioned items, but could ask the developer to
consider constructing a screen wall on a purely voluntary basis.
Existing Zoning: "C-1 "/"CS" commercial/community services
Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area.
Surrounding Zoning I Landuse:
North: "1-2" / medium industrial (vacant)
East: "C-1" I commercial
South: "C-1" I commercial
West: "R-2" / Single family across Smithfield Road
Thoroughfare Plan: The site has frontage on Mid-Cities, a 6-lane divided, principal
arterial with variable R.O.W., and Smithfield Road, a 4-lane undivided major collector
with 68 feet ROW. Approximately 9 feet of R.O.W. for Smithfield Rd. is being dedicated
by this plat.
Plat Status: A replat has been submitted and is requesting approval concurrently with
this Site Plan request.
Existing Site Conditions: The site is currently vacant and undeveloped.
.
Building Design and Materials: The structure is proposed to be a combination of tilt
wall, stucco, and cultured stone. The front and side elevations will also include several
areas of articulation using canterra stone tile inserts and pilasters and façade
articulations. Portions of the roof line will include standing seam metal.
Access and Parking: Primary access points to the development are proposed from a
driveway to Mid-Cities Blvd. at the easterly portion of the site, and one on the west side
of the development from Smithfield Road. Due to TxDOT regulations and drive spacing
requirements from major intersections, the egress indicated from Mid-Cities Blvd. is the
only access point to the site that is possible from Mid-Cities. Parking areas and site
circulation will be provided on all sides of the structure. Approximately 185 parking
spaces are provided.
Landscaping and Screening: Required landscaping has been indicated within the
parking areas and in the required landscape buffer yard along street frontages. Also
landscaping has been placed around the drainage facility on the eastern portion of the
site.
Signage: No freestanding monument signage is being proposed or indicated at this
time. The only signage proposed at this time is wall signage for individual tenant's
spaces.
.
Staff Recommendation: The Site Plan submittal has been reviewed by the
Development Review Committee, which has determined it meets all the zoning and
subdivision regulations. Staff recommends approval.
Vested Rights:
July 19, 2006.
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, September 21,2006 and recommended 4-0 to approve.
Staff Recommendation: Approval of SP 2006-10
Review Schedule:
Application: 7/10/3/06 Final Hearing: 10/9/06
Total Review Time: 12 weeks
.
.
Neighborhood Petition Form:
We, the undersigned property owners, do hereby request City of North Richland
Hills, TX and the developer of Smithfield Summit to widen or add extra lanes for
the increased traffic flow on Smithfield Road at the entrance of Arthur Drive. To
deter future traffic, we would also like to place a "No Outlet" or "Dead End" sign
on both sides of Arthur Drive facing Smithfield Road. Also, a sidewalk and
brick/stone wall on the East side of Smithfield to help cut down traffic noise and
block the commercial view from our community.
Issues and Concerns Date: 10/02/2006
Street: Arthur Drive off Smithfield Road near Mid-Cities Boulevard intersection.
PRINT NAME
SIGNATURE
ADDRESS
.
14·
15·
16.
17·
18.
19·
20.
.
.
Location Map
. ......-~ .._"~,---.....,., .--.._..~.~--_.........._~._.",,~...._~-~
.
a== Ii
-----·-L-_._L,
N NRH
1\ SP 2006-1 0
~ Site Plan
Smithfield Addition
Lot 15R, Block H & Lots 22R1 and 22R2, Block J
Prepared by Planning 6/27/06
~Feet
o 150 300 600 900 1 ,200
.
.
Excerpt from Planning & Zoning Commission Minutes on September 21, 2006
SP 2006-10
CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE
A SITE PLAN FOR A RETAIL CENTER, LOT 15R, BLOCK H, SMITHFIELD
ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES).
APPROVED
Eric Wilhite presented SP 2006-10. The applicant is requesting site plan approval for
development of a 31,350 square foot retail commercial center. They will have access
off of Smithfield Road and also off of Mid-Cities. There were some drainage issues so
the site plan shows a required detention pond. Staff has worked extensively with the
applicant through the site plan process and all the engineering requirements have been
met. Rough proportionality has been addressed and the applicant has been advised
that they will be required to extend all necessary infrastructure and public
improvements. The site plan meets all landscape requirements. All building elevation
requirements for masonry are met. Staff recommends approval.
Mr. Schopper asked if the site will be developed in stages.
.
Eric Wilhite stated that as the planning and engineering took place staff advised the
applicant that the required 15' landscape buffer would be required and any plant
material or portions of the drainage facility placed there could possibly remain and be
used for the future development requirements. The detention facility is required to have
landscaping, but if it falls within the street yard both can be combined. The extent to
which the drainage facility will have to be removed or reconfigured depends on how the
future site development is done.
Bill Schopper asked about it being located along the corner of the property.
Mr. Wilhite stated that this is the direction the drainage is going. And that while it is a
hard corner, no further drive cuts were going to be permitted and that the future
development of this area of the property will work around the mutual access being
created by the site development being done now. So the actual impact of this area
being taken up by the drainage perhaps isn't as significant.
Don Bowen asked, once again, if there are no median cuts in Mid Cities?
Eric Wilhite said that is correct.
Bill Schopper, seconded by Brenda Cole, motioned to approve SP 2006-10. The
motion carried (4-0).
.
.
O '=....::J I I r:T"I..C'1,....,....Ð! .. I :M'"'n r-:;:-)
~a~~~~~~K~ ~
I
III ii
. II
I !I
J'f.?BilNIIUB
.
..
:c
.c
><
W
c:
.!!!
Q.
CI)
::
tn
---..,
J
I
I
I
I
I
I
i
I
.
I ~I!
&
-Efj
.
.
N
CI)
C)
ca
D..
I
..
:c
.c
><
w
c
S
D..
CI)
~
U)
.
I'f!lBNIIHII
.1
I .!. II
o
~1í"GU. ~ ~ :MII....W*
DIA'.1L-.I::J- mll,."2 DIA"'I. 1....'1 CI
-II ~ 5õ: ErUt..aU.I--=
II hi
zl
II;! -
~ I
~
11.1
t¡
11.1
Ii
....
C
=ä .
II I
i i 0
~! I
II
I .
~
. ~~
I iii=
§Z
'I. fJ
LS
¡
Z
.1
iil
~
ž
g
~
C
~
k.I
~
::I
11(3
.... -- ....
M
CD
C)
ca
a.
I
....
. :c
.c
><
W
c:
.!
a.
CD
....
en
....1 ...II
II II
, '"
U (; &
t· I
~ ~
.. &
~ ...... - - II
~ ~ ~
.
I
Ii
~
liBaNil HB
.
~I "'::.y-.. ~ 'WWI U nAnA
caA-'CI c.:::Il -LlD-al.. ... II.A, ClI:oLJI.VCl
Dill N\~ œ1..A4 U III~
I
¡
. CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 10-9-2006
Presented by: Agenda No. E.O
Subject: PUBLIC WORKS
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 10-9-2006
Agenda No. E.1
Subject: PW 2006-032 Resolution authorizing the City Manager to execute a
Mechanic's Lien and Deed of Trust for the McKee Water System customers located on
Shady Grove Road and Gifford Lane (North Richland Hills customers) - Resolution No.
2006-081
Council may recall that the McKee Water System is a private system that serves
approximately 45 residents along and in the proximity of Shady Grove Road. Most of
the residents served by this system live in the City of Keller with approximately 19
residents living in North Richland Hills. The City and the McKee customers were
informed by mail in May that the system was going to be shut down and water would" no
longer be provided beginning July 4, 2006. The information provided about the closing
of the water system informed the customers to contact their respective city of residence.
As it turned out, the State did not allow the private system to shut down on July 4th.
Public Works staff has continued to be in contact with the State and has been told that
the State would not allow the closure of the McKee Water System until the City had
public water mains in place to serve the North Richland Hills residents.
.
The North Richland Hills residents that live along Shady Grove Road have a City water
main that they can connect to for service. However, 13 residents that are connected to
the McKee Water System live along a private road (Gifford Lane). The Public Works
staff has not been able to get easements from all of the residents along Gifford Lane,
but was able to get the easements along the west side of the road. This allowed a
public water main to be constructed along the west side of the road. Since the
easements extend to the center of the private road, all residents (east side and west
side) will have access to the water main.
Now that the new 8 inch water line is constructed along Gifford Lane, all of the McKee
customers that live in North Richland Hills have access to a public water line. Since the
Shady Grove Road residents already had access to a public water line, their cost to
connect would just be the City's standard connection and impact fees. These fees
range from $1 ,434 to $1 ,634. The residents on Gifford Lane would have the connection
and impact fees plus their share of the cost of the new 8 inch water line. The cost to
each Gifford Lane resident for the new line is based on the width of their lot and would
range from $1,744.86 to $2,348.85.
The tables below show the property owners and their costs to connect to the public
water line. Table #1 is for the Shady Grove residents and Table #2 is for the Gifford
Lane residents.
.
.
TABLE #1
Shady Grove Road Residents
(Connection Fees & Impact Fees)
Address Connection Fees
7800 Shady Grove Road $ 1 ,634
8316 Shady Grove Road $ 1 ,634
8320 Shady Grove Road $ 1 ,634
8340 Shady Grove Road $ 1 ,634
8400 Shady Grove Road $ 1 ,634
8517 Shady Grove Road $ 2,034 *
Total $10,204
*The additional $400 cost for 8517 Shady Grove Road is due to the existing water line being
located on the opposite side of the road. This will require the service line to be bored.
Property Owner
Jesse & Laura Rodriguez
Larry Wells
Bruce & Bethany Harris
Stephen R. 'Pace
Bobby Pace
Leslie Galler
TABLE #2
Gifford Lane Residents
(Connection Fees, Impact Fees, New 8" Water Line Cost)
Connection New Water Line
Property Owner Address Fees Cost Total Cost
Annalee Wright 8415 Gifford Lane $ 1 ,434 $1,744.86 $ 3, 178.86
Donna Lynn G. Smith 8417 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Marvin F. Kinchen 8421 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
. Roy & Barbara Taylor 8425 Gifford Lane $ 1 ,434 $1,744.86 $ 3, 178.86
Virginia F. ~ohnson 8429 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Laura Rodriguez 8433 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Iva Mae Simmons 8404 Gifford lane $ 1 ,434 $2,125.15 $ 3,559.15
Bryon A. Denton 8408 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Mary J. Waggoner 8412 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Burton
James F. Elmore 8416 Gifford Lane $ 1 ,434 $1,744.86 $ 3,178.86
Jesse etux. Laura 8424 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Rodriguez
Fred F. Willhite 8432 Gifford Lane $ 1 ,434 $ 1,744.86 $ 3, 178.86
Melissa K. Collins 8436 Gifford Lane $ 1 ,343 $ 1 ,811.97 $ 3,245.97
Total $41,772.58
The standard procedure in connecting to City water is that all fees are to be paid prior to
the City making the connection. Since it appears that some of the residents will not be
able to pay their costs up front to connect to the public water line, the City Attorney has
prepared a Mechanic's Lien and Deed of Trust that would allow the cost to be spread
out over a 5 year period at an annual percentage rate of 60/0. An example of the
Mechanic's Lien and the Payment Plan is attached. Resolution 2006-081 (attached)
would give the City Manager the authority to execute the Mechanic's Lien with each of
the Shady Grove Road and Gifford Lane residents that are currently connected to the
McKee Water System.
.
.
There is also another issue for Council's consideration. The residents that live on the
west side of Gifford Lane dedicated a 15 foot wide water line easement across their
property for the new water line. All of the residents accepted that in order for the City to
construct the new water line an easement would be required. Some of the residents
that dedicated the water line easement are asking if the City would consider reducing
their cost in an amount that would be equivalent to the value of the easement that was
dedicated to the City. Staff has determined that the value of the water line easement
would be $500.
Table #3 below indicates those property owners who have dedicated an easement and
their new cost after a $500 credit is applied for the easement. All other costs shown on
Tables #1 and #2 will remain. Table #3 only indicates those property owners who
dedicated an easement and how their total cost would change.
.
Property Owner
Annalee Wright
Donna Lynn G. Smith
Marvin F. Kinchen
Roy & Barbara Taylor
Virginia F. Johnson
Laura Rodriguez
Address
8415 Gifford Lane
8417 Gifford Lane
8421 Gifford Lane
8425 Gifford Lane
8429 Gifford Lane
8433 Gifford Lane
TABLE #3
Gifford Lane Residents
(Total Cost after $500 Credit for Easement)
Credit
For Easement
$500
$500
$500
$500
$500
$500
Total Cost
$ 3, 178.86
$ 3,178.86
$ 3, 178.86
$ 3, 178.86
$ 3,178.86
$ 3, 178.86
Revised
Total Cost
$ 2,678.86
$ 2,678.86
$ 2,678.86
$ 2,678.86
$ 2,678.86
$ 2,678.86
Council has several options that they may wish to consider.
Oction 1 - Require the Standard Process and not agree to the Mechanic's Lien
Council could require each property owner to pay all connection fees and impact fees at
the time that the property owners request connection to the City water line. This would
be the standard process currently outlined in the City's policies and regulations.
Oction 2 - Approve the usage of the Mechanic's Lien, but not approve credit for
dedicated easement.
This option would allow the residents identified in Tables 1 and 2 the opportunity to
spread their cost to connect to the City water line over a 5-year period at an annual
interest rate of 6%. This option would not consider a credit for any property owner who
dedicated an easement. This option could be justified by the fact that the water line is
needed to serve the Gifford Lane residents only and that the easement is necessary so
that the water line could be constructed.
.
Oction 3 - Approve the usage of the Mechanic's Lien and approve a $500 credit to those
property owners who dedicated an easement.
.
.
.
This option would allow the residents the opportunity to spread their costs over a 5-year
period at an annual interest rate of 60/0. It would also allow those residents identified in
Table #3 to receive a $500 credit for the water line easement that they dedicated. The
total cost would be adjusted as shown in Table #3 after the $500 credit is applied.
Those residents that did not dedicate an easement would be responsible for the total
costs indicated in Tables #1 and #2.
Sufficient funds are available for the City to pay the necessary costs up front if Council
chooses either Option 2 or Option 3.
Recommendation:
To approve Resolution No. 2006-081 authorizing the City Manager to execute a
Mechanic's Lien and Deed of Trust and to select Option 3 providing those residents who
dedicated an easement a $500 credit to be applied to their balance.
.NRH
RESOLUTION NO. 2006-081
WHEREAS, the City has been requested by the owner of McKee Water System and
the customers of that system located in North Richland Hills to assume
responsibility for providing potable water to such customers; and,
.
WHEREAS, the City Council desires to authorize the extension of water lines where
required and to provide service to such customers upon payment of
required charges for service and to allow time for such customers to pay
the costs for such extensions, impact fees and connection charges; NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS:
Section 1: That the City Manager is hereby authorized to expend city funds to extend
water lines on Gifford Lane where public utility easements are provided
and to connect McKee Water System customers to city lines upon
payment of required charges for such line extensions, tap fees and
connection and other charges established by ordinance.
Section 2: The City Manager is authorized to accept partial payment for all charges
due as provided by Section 1 hereof if the customer executes a note
secured by a mechanics lien and deed of trust on the customer's property
for the balance. Such note shall be payable over a period of no more than
five years.
PASSED AND APPROVED on the 9th day of October, 2006.
CITY OF NORTH RICH LAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
.
Mike Curtis, P.E., Public Works Director
.
.
.
(Example document provided by NRH Finance/Utility Billing
department)
MECHANIC'S LIEN AND DEED OF TRUST
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract made and entered into by and between the City of North Richland
Hills, a municipal corporation of Tarrant County, Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, , and
and Scouse: , hereinafter called the "Owner,"
WITNESSETH
WHEREAS, said Owner desires to have constructed water and/or sanitary sewer
facilities upon the hereinafter described premises and on the street or easement
abutting or adjacent thereto in accordance with standard City specifications now on file
in the Water Department of the City of North Richland Hills, which specifications are
specifically made a part hereof; and,
WHEREAS, said improvement shall consist of aU construction required to install
one
3/4-inch water taD with a st." water meter constructed by City forces and include the
payment of a water and/or wastewater Impact Fees, said improvements to be installed
to serve the following described property situated in North Richland Hills, Tarrant
County, Texas:
Lot Block I a subdivision to the City of North Richland Hills, Tarrant
County, Texas, According to the Plat thereof recorded in Volume Page
_' Plat Records, Tarrant County, Texas
which has the address of
, North Richland Hills, TX
(herein "Property Address");
North Richland Hills Water Department Account
Location ID No.
Customer ID No.
NOW, THEREFORE,
City agrees with Owner that it will, without unnecessary delay, construct said
above described service lines peñorming all the labor and furnish ing all the material
necessary to be used, and will pay aU expenses incident to such labor and the
furnishing of such material.
In consideration thereof, Owner agrees, binds and obligates himself, whether one
or more, to pay to the order of the City of North Richland Hills, the sum of Dollars
.
($ ) in (§O) successive monthly installments of Dollars !1.....J
each. The first such installment to be due and payable on or before the expiration of
thirty (30) days after the completion of such construction. and a like installment to be
due and payable on or before the same date of each successive month thereafter until
the total amount has been paid in full.
To secure the payment of said indebtedness. Owner hereby gives and grants a
lien on said above described property and all buiJdings and improvements now thereon
or which may hereafter be placed thereon. Further to secure the payment of said
indebtedness. Owner hereby grants. bargains, sells and conveys said above described
premises to City Trustee. his or her successors and assigns.
TO HAVE AND TO HOLD said premises. together with. all and singular. the
rights. hereditaments and appurtenances, now or hereafter at any time before
foreclosure here of in anywise appertaining or belonging thereto. unto the said City
Trustee, his or her successors and assigns. in trust, however, to secure the payment of
the aforesaid indebtedness.
.
BUT IF SAID INDEBTEDNESS BE PAID according to the terms of this contract
and of any note representing said indebtedness, or of any renewal and extension or
partial renewar and extension thereof. THEN THIS CONVEYANCE SHALL BECOME
NULL AND VOID, and this instrument shall be released at the cost of the Owner. but in
case said indebtedness or any part thereof is not paid when due, then Owner hereby
fully authorizes and empowers said Trustee, his successors and assigns, at any time
after default, to sell said property to the highest bidder for cash. at the place and in the
manner and after giving notice as required by law in making sales under deeds of trust.
In the event of and after sale. as aforesaid, the Trustee. his successors and assigns,
shall make and deliver to the purchaser of said premises a deed conveying said
property in fee simple. payment of the proper expenses of said sale to be applied as
follows: First, to the payment of the proper expenses of making the sale; second, to the
payment of said indebtedness. together with all interest accrued there on; and the
remainder, if any, to be paid to the Owner. or his or their assigns.
It is agreed that the holder of said indebtedness at the time of such foreclosure
shall have the right to become the purchaser at such sale if it be the highest or best
bidder. Owner binds himself or themselves that he or they will surrender to the
purchaser at such sare immediate control and possession of said property purchased by
such purchaser, and in default thereof, they shall be tenants at sufferance of such
purchaser. removable at the purchaser's will by forcible detainer proceedings or by any
other legal proceedings. Should owner fait to keep and peñorm any of the above
recited agreement, thereupon any holder of said indebtedness at the time of such
default, at its option. may declare all the indebtedness then owing, together with
accrued interest, to be due and payable. and may proceed to foreclose such lien in the
manner above provided or by foreclosure suit.
e
.
......--
This contract is executed and delivered before any labor or material for the
construction of said improvements have been performed or furnished.
In case of absence, death. inability, refusal or failure of the Trustee herein named
to act, a successor and substitute may be named, constituted and appointed by the
holder of said indebtedness. without other formality than an appointment and
designation in writing; and this conveyance shall vest in him or her, as Trustee. the
estate and title in all said premises and he or she shall thereupon hold. possess and
execute all the title, rights. powers and duties herein conferred on said Trustee named,
and his or her conveyance to the pu rehaser shall be equally valid and effective; and
such right to appoint a successor for Substitute Trustee shall exist as often and
whenever from any of said causes any Trustee. original or substitute, cannot or will not
act.
WITNESS
our signatures
20
this
the
day
of
Property Owner
Property Owner
.
CITY OF NORTH RICHLAND HILLS:
City Manager
APPROVED AS TO FORM AND LEGALITY:
City Attomey
.
.
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
20_ by
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on
by , City Manager of the City of North
Richland Hills. a municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
.
.
.
COMBINED CLOSED END PROMISSORY NOTE, DISCLOSURE
STATEMENT AND SECURITY AGREEMENT
DATE
20
-
Lot , Block , , a subdivision to the City of
North Rlchland Hills, Tarrant County, Texas, According to the Plat thereof
recorded In Volume . Page . Plat Record.. Tarrant County, Texas
which has the address of
. North Richland Hills, TX
(herein "Property Address");
North Rlchland Hills Water Department Account Customer ID No.
Location ID No.
ANNUAL FINANCE PRINCIPAL - The TOTAL OF
PERC~NTAGE CHARGE - The amount of credit PAYMENTS-
RATE - The cost dollar amount the provided to you or The amount you
of your credit will cost on your behalf. will have paid after
Credit as a yearty you. you have made all
rate. payments as
$ scheduled.
.
6
%
s
s
-
Your payment schedule will be:
Number of Payments Amount of Payments When Payments are Due
·80 I S I With Monthly Water Bill
I I
*The first such installment to be due and payable on or before the expiration of thirty
(30) days after the completion of the construction described in the mechanic's and
materiatman's contract and deed of trust executed by the undersigned and the City of
North Richland Hills for the construction of water distribution or sanitary sewer coUection
facility service line to serve the hereinafter described property, and Impact Fees if
applicable, and a like installment to be due and payable on or before the same date of
each successive month thereafter until the total amount has been paid in full.
DEFAULT: You wilt be in default if you break any promise made in this document, or if
you fail to make a payment when due. The holder has the right to file suit to collect
what you owe. All past due principal shall bear interest from maturity at the rate of ten
percent (1 Q0,lc.) per annum. It is understood and agreed that faHure to pay this note or
any installment thereof when due shall, at the election of the holder hereof, mature the
entire amount of this note, and it shari thereupon become subject to foreclosure
.
-...
.
proceedings under the said mechanic's and materialman's lien or deed of trust lien this
day executed by the undersigned to secure its payment.
It is specificaUy agreed that If this note is placed in the hands of an attorney for
collection. or is collected through any character of judicial proceedings. the undersigned
agree to pay ten percent (100/0) additional on the amount then due as attorney's fees.
ACKNOWLEDGMENT: In signing below. you agree to all terms and conditions of the
mechanic's and materialman's lien or deed of trust lien. and acknowledge receipt of a
copy of the document completely filled in.
Dated at North Richland Hills, Texas, on the
, 20_.
day of
Property Owner
Property Owner
.
.
.
MECHANICtS LIEN
ROUTING SLIP
FOR
Name:
Address:
NORTH RICHLAND HILLS
TX 76180
Approve Form & Content
.
CITY MANAGER
SIGNATURE & NOTARIZE
COUNTY CLERK'S OFFICE
RECORD DOCUMENT
Angel Bellard
UTILITY CUSTOMER
SERVICE DEPARTMENT
427-8200 OR 427-6212
.
.
Proposed Payment Plan
(Prepared by NRH Finance/Utility Billing Department)
Total Interest (if
Lien Lien Monthly payments made Total
Amount Interest Period Payment on time) Payments
$1 ,634 6% 5 years $31 .59 $261.39 $1 ,895.39
2,034 6% 5 years 39.32 325.38 2,359.38
2,678.86 6% 5 years 51.79 428.53 3,107.39
3,178.86 6% 5 years 61.46 508.52 3,687.38
3,245.97 60/0 5 years 62.75 519.25 3,765.22
3,559.15 6% 5 years 68.81 569.35 4,128.50
.
.
..
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 10-9-2006
Agenda No. E.2
Subject: PW 2006-034 Approve Resolution endorsing concept of Local Option Funding
of Public Transit by exempting an amount to the Locally Authorized Transit Sales Ta)Ç
from the 20/0 Local Sales Tax Cap - Resolution No. 2006-087
During the past 36 months the Mayor and many of the Council Members along with
regional leaders have worked cooperatively to develop a plan for creating a seamless
regional rail system throughout the Dallas - Fort Worth region. The Regional
Transportation Council (RTC) has been studying different means to improve the
regional transportation system for several years, however during the August 2003
Transportation Summit in Irving, Texas, the two local newspapers (Fort Worth Star
Telegram and Dallas Morning News) challenged the RTC and local leaders to develop a
specific plan to provide rail to the region.
There have been over 100 meetings during the past 36 months that focused on
technical, financial, institutional structure and legislative issues of regional rail. This
culminated in a portion of House Bill 2702 passed by the 79th Texas Legislature (extract
attached) establishing a "Regional Transit System Review Committee" for a multi-
county area of North Texas. This committee includes Senators and Representatives
from the counties, along with local elected officials and transportation provider
representatives. '
The Regional Transit System Review Committee has conducted several meetings over
the past year looking into funding options for regional rail. As a result of the meetings
all cities within the region are being asked to support the "Joint Recommendations for
Regional Rail in North Central Texas" as put forth by The T, DART, and the Denton
County Transit Authority (DCT A) on the regional transit issue.
During the October 4, 2006 Tarrant Regional Transportation Committee (TRTC)
meeting, all Tarrant County cities were asked to support the same issue. Resolution
No. 2006-087 supports the Joint Recommendation for Regional Rail and urges the 80th
Texas Legislature to pass legislation exempting an amount equal to the locally
authorized transit sales tax from the 2% local sales tax cap.
Recommendation:
To approve Resolution No. 2006-087.
.NRH
RESOLUTION NO. 2006-087
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF NORTH
RICHlAND HillS, TEXAS ENDORSING THE CONCEPT OF lOCAL OPTION
FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN
AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX
FROM THE 2% LOCAL SALES TAX CAP
WHEREAS, the City of North Richland Hills is firmly committed to supporting regional
efforts toward addressing the mobility and air quality needs of its citizens
and for future generations; and,
WHEREAS, the City of North Richland Hills believes that the best approach to
achieving the goal of providing additional funding capacity to expand rapid
transit in the region is by exempting an amount equal to the locally
authorized metropolitan transit sales tax from the 2% sales tax cap; and
.
WHEREAS, among the existing transit authorities in the region - The T, DART, and
DCT A - there exists expertise and evidence of cooperation on current and
future rail projects that demonstrates their ability to successfully expand
rail transit in the region; and,
WHEREAS, the citizens of North Richland Hills want to ensure that the quality of life
remains high in the region and our economy strong and competitive, and
transit has an important role in achieving this goal as the population
continues to grow toward eight million in the very near future; NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HillS, TEXAS:
Section 1: That on October 9, 2006, the City of North Richland Hills hereby agrees
and supports the "Joint Recommendation for Regional Rail in North
Central Texas" as put forth by The T, DART, and DCTA on the regional
transit issue in Exhibit 1 and strongly urges the 80th Texas Legislature to
pass legislation exempting an amount equal to the locally authorized
transit sales tax from the 2% local sales tax cap in the 9 counties of North
Texas that are designated by the Environmental Protection Agency as
"non-attainment" for federal air quality standards.
AND IT IS SO RESOLVED.
.
.
PASSED AND APPROVED on the 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
.
.
.
.
.
Exhibit 1
DART
DCTA
tnt.'&'
'iii¡
,",:
JC)IN'f RECOrvlNJENDA1rJON fl)R REGIONAL RAIL IN NC)RTH CENTRAL ""EXAS
The three existing transit authorities support cxpttnding mcuningful public transit in Norlh 'Texas lhrough
our existing organi7.ation~. Such trnn~it authorities support the Statement of Principles for the
In\plcn\cntalion of u Regional Rail Syslel1\ in NOl1h (~entral Texas agreed to in August 2004 by regional
leadership under the fol1o\ving condit ions:
. New rcgil)nal rail projects will require nc\v sources of funding. -I'hc State authorized Sales and
Use Tax has been the pritnary Incans of funding public transit service within the region, and the
Inagniludc of the required funding \vill n\ost likely diclatc lhat sal~s lax should be the source of
funds for new regional rail projects. Itowcvcr~ most cities in the r~gion do not have the ability to
fund public transit services because sales Bnd use \:Lx capacity has heen cOI1\ß'Iitted to other uses.
. °rhe lhree ~xisting transit authorities support local option funding of public transit in the region by
cxernpting an 111nount c:qual to the Incully authorized trnnsit snlcs tnx froJn thc 20/0 cap in the
fl)I'owing countios:
o 'rnrrunt
o Parker
() Johnsun
<.) Dcn ton
o Wise
o Dat Ins
o Collin
o Rockwull
o Ellis
l'his action ",,'ould pro'vide an cquilabtc n\cans of allo\ving '-non-transit" jurisdictions to dctcnnine
as n local option \\'hctlu:r or not they \vou1d choose to fund public transit, while allowing
juri~diclions that currently support public transit lo determine ,vhelher they would choose to
nllocatc sales tax cupucity fur non-transil uses (uJ) to the cKisting cap).
. \Ve support a detennination of citizens' support ora regional rail systell1 outside the existing
trl\nsit nuthorities' terrilory or service urea. and inside The T's service orCD.
· Fom1ntion of a 4th transit entity is not rec()Jnn1endcd.
.'~; -k-J:1''" ,...--.-...:
'_.-"'l' ~«t'd &:;/';--,,0;'/'
()ARt', (~hainnan ~f1hc Buard
---
D . t }resi CI ...xccutive Director
('''--'-'''-'''\ I; :?b~11
, . ._ V> " -- .. 'I
.._'<. -' ....>-- I V
." ~ì¿-l)_- À 1=-__
(:.,~ÇrAt Executive [)ircctor
Ï)C;T·A. Cirairman (
'~'6f{~L~Q~-V~L&_
The 'r. Chair of the 130ard
_f)~___
T1~~~)~dent!Executive Director
.
.
.
Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No. F.O
CITY OF
NORTH RICHLAND HILLS
.
Department: Support Services
Presented by: T Powell/L Koonce
Council Meeting Date: 10-9-2006
Agenda No. F.1
Subject: PU 2006-057 Award of Contract to Steele & Freeman, Inc. in the Amount of
$7,587,546 for the Construction of the New Library - Resolution No. 2006-084
The 2004/05 Capital Projects Budget included funding for the construction of a new
Library in Home Town NRH area. Over the past year the design of the new facility has
been prepared by Brown Reynolds Watford Architects, Inc. Recently the plans and
specifications were completed and proposals were sought and accepted for the cost of
construction. The City received proposals from eleven (11) firms seeking award of the
project. The lowest cost proposal from a qualified firm was from Steele & Freeman, Inc.
All contractors submitted proposals that were favorable.
City staff and Brown Reynolds Watford (BRW) Architects evaluated the proposals
based on cost, similar projects constructed by company, references, and the ability to
perform the work. Steele & Freeman, Inc. has completed numerous projects ranging
from $4,000,000 to $50,000,000. References checked by staff were very favorable.
BRW has also worked with Steel & Freeman on previous projects and is familiar with
their work. The construction time for this project is estimated at thirteen months.
.
The original proposed project cost of $6,759,800 by Steele & Freeman includes the
general construction of the library plus five alternate items including: roller shades for
the windows, cast stone cornice and base, acoustical wall panels in the lobby, lightening
protection, and a monument sign.
At the September 25, 2006 council worksession the City Council directed staff to move
forward with evaluating and including an additional 9,400 square feet of shelled area to
the project, this being an approximate amount not then fully calculated. BRW Architects
then began working more closely with Steele & Freeman to determine the specific
addition size as well as many of the other details about how finished the shell should be.
It has since been calculated to be precisely 9,858 square feet. This additional space
has been planned since the early planning stages of the new library. It was not believed
that given the budget size and the increased costs of construction that it would be
possible to include the additional shelled area. However, since the contractor proposals
received by the City were less than expected, it was recognized that the City would be
able to go ahead and include the additional shelled space and still stay within the overall
established budget
The additional cost for the 9,858 square feet, two floor addition including windows with
roller shades, fire alarm and fire sprinkler system, roof top air conditioner, and limited
lighting with provisions for future electrical is $827,746. The shelled area will meet City
code requirements for storage utilization until it can be finished out. The total
construction cost with Steele & Freeman, now including the additional shelled area, is
.
.
$7,587,546 including a $200,000 built-in owner contingency. The total construction
budget is $8,750,000.
With the award of this contract to Steel & Freeman, and the award of the following
action item for additional architectural and engineering services, a balance amount of
approximately $400,000 for the project will remain. Given the fact that the budgeted
amount of approximately $800,000 for information services, phones, security system,
book stacks, furniture and fixtures have been minimized due to higher anticipated
construction costs, this balance will be useful to help re-establish necessary items to
complete the project.
Recommendation:
Approve Resolution No. 2006-084.
.
.
~ Jg c.o
~ J: 8
:::¡ -g ~
~ to N
:f £ '0
~ æ 6>
~ € ~
C) 0 ..
æ ~ ~
.c. 0 ~
1::: ~ (1)
~ u ~
s
o
...
c
ø a;
;:; "i ~
It)cnc.o
~::sco.o
~OD.O
(')_..J
(,)-
c( CO
~
c
o
;:;
ra
-S
.a
ra
....
ëã
U)
o
a.
e
D.
...
...,
~
8 8 g ~.. 8 g g 0 8 ~ 8
o ~ 0 ~ ~ q ~ 8 ~ ~ ~
tti a) C'i ..... ~.. ..... C'i Ñ «;; ~ ~
~ ~ ~ c.o ~ ~ ~ ~ ~ m ~
~ ~ ~ ~ œ 0 ~ N N ~ ~
cDcr5cD«S~~~~r--:r--:
o 8 8 g 088 0 g 8 8
m 0 ~ ~ ~ ~ g ~ q 0
~- cD to-.."' a) ~ a) a) a) ~ ~
~ ,- .....
mC
c 0
·2 ~
..., CÞ
.c...
ClO
.- ...
..JQ.
o 0 0 008 8 g 8 8 g
~ 8 880 0 0 ~ 0 ~
a5trSaiC'i"¡~C'iar)tÒ«S
~ ~ ~ N N N N N ~ N
~ 0 g 8 0 8 088 888
58= oo..808oqooo
M...._CU ò ~ ri cD ~ ~ ("I) 0) ci Ñ
~ en E In ..q- ("I) ,..... N ~ ~ fl) CX) ~ ~
«... o'"C or- ~ ~ ~ ~ ~ ,...
en 0 c:
~ CO
C'\I
....
:¡:
..
C
GJ C
E CD
::1-
een
o
:E
~
...,
;¡
... cn
cþ Q)
=i
0.c
&XU)
o 0 8 0 0 0 0 000 0
o 000 0 000 0
o 000 0 ~ ~ ~ ~ 0
~ «> .flfi 16 Ñ cD ~ Ö ('t) Lri
~ ~ ~ ~ ~ ~ ~ ,... ~ N
o 0 0 0 000 8 0 0 8
o 0 0 0 8 0 0 0
~ 0 0 q ~ 0 0 0 N
LñLñò~ a)o)~a)cô16
~ ~ ~ CD ~ V ~ fl) CD ~
CD
(,)
at:
Q.
CÞ
en
as
a1
o 0'0 0 0 0 0 0 0 ~ 0
coo 0 0 0 0 0 8 8m 0
0000000 0 V 0
~~ Lñ ò r-: ex) ô 0) ~ Lri LÖ ~ r--:
CÞ2 ~ ~ ~ ~ ~ tõ CO ~ ~ ~;1;
¡ 1ñ cD ¿ cD <Ò ct5 cD r-: cD r-: ~
C) S
u
c:
o
~
2
..,
(I)
~ c:
.g ~ c8
~ c: c: 0 m c:
CÞ E c·õ e 0 t5·~.2
E ~ c: 0 ~ 0 ~ 2 ø 0
ca Q ~ ~ ~ u g S ~ E ~
Z c E 2 2; ø c: E ~
e I ~ I ~ I ~ g 8 8 ~
s u..- ~ 0 ~ 0 '0 U ø ~ c 0
~ ~ 0 3 U c 8 ~ c m
e 0 œ w m ~ (..)0 ; m E ~
cc,ã3~w"õ ~16-'~~ ø
8 ~ ~ 8 ~ ~ ~ ~ 3 ~ ~ §
.NRH
RESOLUTION NO. 2006-084
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute a construction
contract with Steel & Freeman, Inc. in the amount of $7,587,546 for the
construction of a Library Facility, as the act and deed of the City.
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Thomas Powell, Support Services Director
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Support Services
Presented by: Thomas Powell
Council Meeting Date: 10-9-2006
Agenda No. F.2
Subject: GN 2006-092 Authorize the City Manager to obtain Additional Services from
BRW Architects in the amount of $72,000 - Resolution No. 2006-086.
At the September 25, 2006 Pre-Council meeting Brown Reynolds Watford (BRW)
Architects made a presentation on the feasibility of adding a 9,400 square feet, two floor
addition to the new Library project. The additional area is to be constructed as a shell
with only minimal finish out. This proposed area was originally planned to be included
in the project, but it was thought that due to increased costs of construction the
additional area could not be accomplished. After the bids were received on the planned
construction it was determined that the additional area could be included as planned
and stay within the overall budget. The City Council directed staff to move forward with
obtaining more detailed information and including it in the upcoming approval of a
contract with the low bid contractor Steele & Freeman, Inc.
Since this last meeting BRW Architects has now evaluated the project in more detail
and determined the addition would be 9,858 gross square feet, this being slightly larger
than thought originally. The increase is due to making the shell area more symmetrical
and consistent with the rest of the building. Steele & Freeman Inc. have priced the
additional scope of work at a not to exceed amount of $827,746. The additional
construction costs have been included in the contract amount to be approved on the
agenda item just prior to this agenda item.
BRW has submitted a proposed amendment to the existing contract for architectural
services. The increase is in the amount of $72,000 for the additional architectural and
engineering services associated with the addition. The scope of work includes design
and documents for a shell building addition comprised of an enclosed structure with a
separate roof top HV AC mechanical unit, limited air conditioning ductwork, fire
protection, fire alarm, construction lighting and electrical capacity for future finish out.
Also included is the design for electrical and lighting systems to accommodate a
permanent emergency generator.
Existing BRW Services:
Prooosed Additional Services:
Total Revised:
$750,000
72.000
$822,000
Recommendation:
Approve Resolution 2006-086 authorizing the City Manager to obtain additional
architectural services from BRW in the amount of $72,000.
.NRH
RESOLUTION NO. 2006-086
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute an
agreement with BRW Architects in the amount of $72,000 for
additional services associated with the 9,858 square feet addition to
the Library project.
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
.
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Thomas Powell, Support Services Director
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Richard Torres
Council Meeting Date: 10-9-2006
Agenda No. F.3
Subject: GN 2006-094 Approve Construction Management Program - Resolution No.
2006-088
Staff has briefed the City Council on a proposed new program to create a new position
entitled "Construction Manager". The purpose of the new position will be to oversee all
aspects of significant capital construction projects from initial concept planning stages to
procurement of construction, reviewing bids and contract negotiation. The position will
interface with internal and external capital construction team members ensuring total
contract compliance with all criteria and reaching all performance specifications,
including quantitative cost savings.
The first, and most immediate project that is in need of a construction manager is the
new Library. A project of this size and budget will require significant time and expertise
to manage and oversee the project protecting the City's interests. Currently there is not
any staff member fully qualified or having ample time to dedicate to such a project.
The proposal is to hire an individual with a minimum of a Bachelor's degree in
Construction Management, Architecture, Engineering or a related field, and having
some years of experience in construction or construction management. It is anticipated
that the total annual costs for providing such a program will not exceed $95,000
annually. These costs will be allocated proportionately among the various projects that
are assigned to the position.
Recommendation:
Approve Resolution No. 2006-088.
.NRH
RESOLUTION NO. 2006-088
AUTHORIZING THE CITY MANAGER TO IMPLEMENT A
CONSTRUCTION MANAGER PROGRAM FOR THE PURPOSE OF
OVERSEEING SIGNIFICANT CAPITAL CONSTRUCTION PROJECTS
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND
HillS, TEXAS:
SECTION 1. That the City Manager is hereby authorized to implement a Construction
Manager program for the purpose of overseeing significant capital
construction projects
PASSED AND APPROVED this the 9th day of October, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND lEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, As.st. City Manager
.
CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 10-9-2006
Presented by: Agenda No. F.4
Subject: Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by: Councilman David Whitson
Council Meeting Date: 10-9-2006
Agenda No. F.5
Subject: INFORMATION AND REPORTS - Councilman David Whitson
Announcements
The Autumn Night Music concert series will continue on Saturday, October 14, with a
performance by the Beatles tribute band Me and My Monkey. The free concert will
begin at 7 p.m. at Kay Granger Park at Mullendore Elementary School. Guests are
encouraged to bring blankets and lawn chairs. For more information, please call 817-
427 -6600.
Residents can dispose of unwanted bulky items during the annual Fall Community
Cleanup on Saturday, October 14. Unwanted furniture, appliances, brush and other
items can be dropped off between 9 a.m. and noon at the Tarrant County College
Northeast Campus, 828 Harwood Rd., Parking Lot E (by the Tennis Courts). For more
details, please call 817-427-6650.
.
The Neighborhood Services Department is holding a LitterNot cleanup event from 8:30
a.m. to noon on Saturday, October 21. Volunteers will meet at the Neighborhood
Services Building on Dick Fisher Drive and pick up litter in the rights-of-way. For more
information please call 817-427-6651 .
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do. This
meeting we would like to recognize:
Firefighter/Paramedics Mike Barker, Scott Gray and Rick Peacor-Fire Department
A letter was received from a resident thanking these employees for responding when
her son fell and hit his head. The resident said the way these employees interacted with
her son was marvelous. They immediately began speaking with him about his favorite
super heroes and engaged him in other child-friendly conversation which helped with
the anxiety. Their kind smiles and true compassion was greatly appreciated.
-
·
·
·
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 10-9-2006
Agenda No. F.6