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HomeMy WebLinkAboutCC 2007-06-11 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL UvORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, JUNE 11, 2007 6:15 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007-064 Review of Proposed Changes to Gas Well Drilling & Production Ordinance (15 Minutes) A.3 I R 2007-071 State Legislative Update (10 M i n utes) A.4 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 June 8, 2007. 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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, JUNE 11, 2007 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: ? Library on the Friday prior to the meeting (available electronically) ? 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.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s) and Recognition(s): IR 2007-070 Teen Court Scholarship Presentation -presented by Councilman Whitson A.4 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. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDERAPPROVAL 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 May 29, 2007 City Council Meeting B.2 FP 2007-06 Consideration of a Request from Maria Sales to Approve a Final Plat of Lot 1, Block 20, Briarwood Estates Addition; 6941 Smithfield Road B.3 PU 2007-028 Award Bid No. 07-1379 Library Reader Furniture for the New Library to Jasper Library Furniture in the amount of $58,156.00. B.4 PU 2007-029 Award Bid No. 07-1387 Annual Contract for Utility Materials to Eagle Underground Utility, Atlas Utility Supply and Techline Pipe. B.5 PU 2007-030 Award Bid No. 07-1390 Annual Contract for Traffic Materials to Vulcan Inc., Centerline Supply and Roadrunner Traffic Supply. B.6 GN 2007-050 Approve Agreement for Mineral Lease of 1.879 acres of the Bradford Survey -Resolution No. 2007-036 C.0 PUBLIC HEARINGS C.1 ZC 2006-23 Public Hearing and Consideration of a Request from Cary Clarke Homes to Approve a Zoning Change from "AG" Agricultural to "RI-PD" Residential Infill -Planned Development (Located in the 9200 Block of Amundson Road - 4.339 acres) -Ordinance No. 2937 C.2 ZC 2007-01 Public Hearing and Consideration of a Request from Clifford Land Company to Approve a Zoning Change from "AG" Agricultural and "I-1" Industrial to "RI- PD" Residential Infill-Planned Development (Located in the 8800 Block of Mid-Cities Boulevard - 7.685 acres) -Ordinance No. 2938 C.3 SUP 2006-08 Public Hearing and Consideration of a Request from E.J. Gutierrez, P.E. representing JEA/HydroTech Engineering to Approve a Special Use Permit for an automated car wash (Located at 8409 Bedford-Euless Road) -Ordinance No. 2939 C.4 ZC 2007-07 Public Hearing and Consideration of a Request from Terry Fredeking to Approve a Zoning Change from "AG" Agricultural to "R-1" Residential (Located in the 8300 Block of Cardinal Lane) -Ordinance No. 2940 C.5 ZC 2007-08 Public Hearing and Consideration of a Request from Mark Comis and B.J. Reaves of Royal Building Corporation to Approve a Zoning Change from "AG" Agricultural to "R-1" Residential (Located at 8700 Amundson Drive} -Ordinance No. 2941 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC UVORKS E.1 PW 2007-013 Consider Appeal of Rough Proportionality Determination for the Liberty Station Development F.0 GENERAL ITEMS F.1 PU 2007-027 Award Bid No. 07-1376 for Library Stack Shelving, Canopies and End Panels for the New Public Library to Library Design Services in the amount of $143,428.80. F.2 INFORMATION AND REPORTS -Councilman Lewis F.3 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 incompliance with Chapter 551, Texas Government Code on June 8, 2007. 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. 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, June 11, 2007 6:15 P.M. A.1 Discuss Items from Regular Citv Council Meeting A.2 IR 2007-064 Review of Proposed Changes to Gas Well Drilling & Production Ordinance (15 Minutes) A.3 IR 2007-071 State Legislative Update (10 Minutes) A.4 Adjournment CI TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-064 Date: June 11, 2007 Subject: Proposed Changes to Gas Well Drilling & Production Ordinance +5 ' ~ °t I 9 i This item is being brought forward to City Council as a review of proposed changes to the Gas Drilling Ordinance. The initial Gas Drilling Ordinance No. 2862 was adopted on November 14, 2005. Significant changes have occurred in the technology in gas drilling in the Barnett Shale and several changes are also being proposed regarding safety and quality standards. Staff continues to work with several gas well operators interested in drilling in North Richland Hills. At this time only one well has been drilled at Graham Ranch near Hightower and Rufe Snow by the Harding Company which now goes by Metroplex Barnett Shale LLC. Several companies are actively seeking mineral rights throughout the city and staff is also receiving requests for future gas pipelines to bring potential gas to market. The City has leased the mineral rights to several park lands to the Harding Company and Chesapeake Energy. At this time it appears that North Richland Hills will have less than a dozen potential drilling sites in which several wells could be drilled within each drilling site. As a result of several technical changes to drilling in the Barnett Shale and in an effort to provide the best safety and quality standards, staff is proposing to make changes to the initial Gas Drilling & Production Ordinance No. 2862 that was adopted on November 14, 2005. The Development Review Committee along with key staff have reviewed area cities ordinances and worked diligently to bring forward revisions that are fair to operators, safe and unobtrusive to the community and reflect current technology. Staff is proposing to review these changes with City Council during the June 11, 2007 Work Session. Staff then will take these changes hand any changes recommended by Council) to area gas well operators for review. We have also included a marked up copy of the proposed ordinance in your packets for your review and will be giving a power point presentation at the work session. We hope to be back within the next few weeks for formal adoption of the Gas Drilling & Production Ordinance. Staff welcomes any suggestions regarding proposed changes to the ordinance. Respectfully Submitted, John Pitstick Director of Planning & Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY; PROVIDING AN APPEALS PROCESS; REGULATING GAS PIPELINE CONSTRUCTION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and its home rule charter; and WHEREAS, the City Council of North Richland Hills, Texas finds that the enactment of regulations of drilling and production of gas prior to permitting such operations in a developed high quality residential community is necessary in order to protect the health, safety, and general welfare of the public; and, WHEREAS, the regulations herein established will preserve property values as well as ensure safety by limiting noise, requiring screening and landscaping, establishing minimum distance from residential and business structures and requiring restoration of drilling sites and otherwise minimizing the impact of such operations on the city's residents; and, WHEREAS, the City Council of North Richland Hills, Texas deems it prudent to enact an ordinance to govern the drilling and production of gas within the corporate limits 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 above findings are hereby found to be true and correct and are incorporated herein in their entirety. Section 2: THAT, City of North Richland Hills Code of General Ordinances be hereby amended by adding a new Chapter 104, Gas Well Drilling and Production, comprising of new sections 104-1 through 104-23, which shall read as follows" Recommended Changes to Ordinance Table of Contents Article I -Purpose and Definitions Page Section 104-1 Purpose 3 Section 104-2 Definitions 3 Article II -Drilling and Production Section 104-3 City Oversight 8 Section 104-4 Operator's Agent 9 Section 104-5 Seismic Survey Permit Requirements 9 Section 104-6 Gas Well Permit Requirements 10 Section 104-7 Gas Well Permit Application and Filing Fees 13 Section 104-8 Permitting Procedure 17 Section 104-9 Amended Gas Well Permits 18 Section 104-10 Suspension or Revocation of Gas Well Permits 19 Section 104-11 Periodic Reports 20 Section 104-12 Bond, Letters of Credit, Indemnity, Insurance 20 Section 104-13 On site and Technical Regulations 26 Section 104-14 Screening 34 Section 104-15 Cleanup and Maintenance 35 Section 104-16 Plugged and Abandoned Wells 36 Section 104-17 Technical Advisor 37 Article III -Appeals Section 104-18 Appeals 38 Sections 104-19--104-30. Reserved. 39 Article IV-Gas Pipeline Installation Section 104-31 Public Right-Of-Way Use Agreement Requirements 40 Section 104-32 Fees and Payments to City 40 Section 104-33 Regulatory Authority of the City 41 Section 104-34 Use of Public Rights-Of-Ways 41 Section 104-35 As-Built Plans and Maps 45 Section 104-36 Liability and Indemnification 45 Section 104-37 Insurance 46 Section 104-38 Provision of Information 47 Sections 104-39--104.50. Reserved. 48 Article V -Penalties, Severability and Effective Date Section 104-51 Penalty 48 Section 104-52 Severability Clause 48 Section 104-53 Repealer and Savings Clause 49 Section 104-54 Publication Clause 49 Section 104-55 Effective Date 49 CHAPTER 104. Gas well Drilling & Production Article I -Purpose and Definitions Section 104-1. Purpose The exploration, development and production of gas in the City are activities which necessitate reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this chapter to establish reasonable and uniform limitations, safeguards and regulations for operations related to the exploring, drilling, developing, producing, transporting and storing of gas and other substances produced in association with gas within the City to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral, and gas resources. Section 104-2. Definitions All technical industry words or phrases related to the drilling and production of gas wells not specifically defined in this chapter shall have the meanings customarily attributable thereto by prudent and reasonable gas industry operators. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandonment: means "abandonment" as defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required by this chapter. Affiliate: means any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. All-Weather Hard Surface: means a permanent surface that as a minimum is a base course constructed such that is meets the requirements of the International Fire Code, be at least twenty feet (20') wide, have an overhead clearance of fourteen feet (14'}, drains appropriately, remains water resistant, is free of litter, debris, weeds, grass or other objectionable materials or objects and is visibly dust free. Base Flood: means the flood having a one percent (1 chance of being equaled or exceeded in any given year. Berm: means a mound of soil, either natural or man made, used to obstruct a view. The side slope shall not exceed a three foot (3)'horizontal and a one foot (1')vertical slope. Blowout Preventer.~ means a mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected there with, which can be closed around the drill pipe, or other tubular goods which completely close the top of the casing and are designed for preventing blowouts. Building: means any primary structure used or intended for supporting or sheltering any use or occupancy. The term "building" shall be construed as if followed by the words "or portions thereof." Cathodic Protection: means an electrochemical corrosion control technique accomplished by applying a direct current to the structure that causes the structure potential to change from the corrosion potential to a protective potential in the immunity region. The required cathodic protection current is supplied by sacrificial anode materials or by an impressed current system. City: means the City of North Richland Hills, Tarrant County, Texas. City Attorney: means the City Attorney of the City of North Richland Hills, Texas. City Code: means the Code of Ordinances of the City of North Richland Hills, Texas. City Council: means the governing body of elected officials for the City of North Richland Hills, Texas. City Manager. means the City Manager of the City of North Richland Hills, Texas. Closed Loop System: means a series of tanks including filters separators and shakers on the discharge side of the drilling process that contains by-products of drilling such as cuttings and earthen materials to contain the by-products and recycle useable materials for reuse in the drilling process. Commission: means the Texas Railroad Commission. Company: means the company authorized by an Agreement to install and maintain gas pipelineswithin the City's Public Right-of-Way. Completion: means the date the work is completed for workover and flowback operations and the crew is released by completing its work or contract or by its employer. Compressor. means a device that raises the pressure of a compressible fluid such as air or gas. Compressors create a pressure differential to move or compress a vapor or a gas. More than one compressor as in a series may be located on a compressor pad site to adequately compress product. Customer. means any Person located, in whole or in part, within the City. Day: means a calendar day. Derrick: means any portable framework, tower, mast and/or structure which is required or used in connection with drilling or re-working a well forthe production of gas. Development Review Committee (DRC): is an internal staff review committee that includes, but is not limited to, representatives of the Departments of Planning and Development, Inspections, Public Works, Fire, Police, Parks and Recreation, Neighborhood Services, Economic Development, and the Gas Inspector. Drilling: means digging or boring a new well for the purpose of exploring for, developing or producing gas or for the purpose of injecting gas, water or any other fluid or substance into the earth. Drilling Equipment: means the derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling. Drill Site: means the immediate area used during the drilling, re-drilling or re-working of swell. Emergency Response Plan: means a plan put in place to deal with emergency situations that may occur at the site during all stages of the drilling and production process. Exploration: means geologic or geophysical activities, including seismic surveys, related to the search for gas or other subsurface hydrocarbons. Fire Department: means the Fire Department of the City of North Richland Hills, Texas. Flaring: means to burn off gas during the flow back stage. This process includes a series of secured piping to facilitate flow of gas and a combustion chamber to ignite the gas. Flow back Operations: Include work over and means necessary to expel water from the drilling hole in orderto facilitate the production of gas. Frac Tank: means a man made water storage tank designed using earthen berms to contain water. These can be from existing ponds or other water storage tanks. Man made tanks shall be lined with plastic with an appropriate mil spec rating. Fracturing: means the injecting of a fluid into a well to cause pressure that `cracks' or opens up fractures already present in the formation. Gas: means any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas. Gas Board of Appeals: means the Board that hears all appeals and deviation requests to this Chapter. Gas Inspector. means an individual designated by the City Manager or any other person or entity so designated as an Inspector by the City Manager .The Gas Inspector will reportto the Office of the Fire Marshal. Gas Pipeline Construction Plans shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application. Gas Well: means any well drilled, to be drilled, or used for the intended or actual production of natural gas. Generator Plant: means the electrical service generated on site servicing the drilling rig and all associated equipment including personal living quarters. Grounding and bonding: The means to ground all power and equipment on the drilling site to prevent electrical discharges and lighting protection. Isolation Valves: means a mechanical valve located at pre-designated intervals on gas pipelines to manually shut the flow of gas in a pipelineto minimize an accidental release in to the environment in the event of an emergency. This shall be in addition to automatic closure valves monitored and controlled by pipeline companies. Operation Site: means the area used for development and production and all operational activities associated with gas after drilling activities are complete. Operator. means, for each well, the person listed on the Railroad Commission's Form W-1 or Form P-4 for a gas well that is, or will be actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well, including, without limitation, a unit operator. If the operator, as herein defined, is not the lessee under a gas lease of any premises affected by the provisions of the chapter, then such lessee shall also be deemed to be an operator. In the event that there is no gas lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shall be deemed an operator. Perforating: The use of explosive charges to create holes in the casing in order to perform fracture stimulation. Permit: means any written license granted by the City for the exploration, development, and production of gas wells issued pursuant to rules and regulations of this Chapter. Person: means both the singular and the plural and means a natural person, a corporation, association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind. Pipeline(s) means the pipeline(s) and other facilities approved by the DRC that are installed by Company in the Public Rights-of-Way in accordance with aRight-of-way Use Agreement. Planning and Development Department: means the Planning and Development Department of the City of North Richland Hills, Texas. Planning and Zoning Commission: means the Planning and Zoning Commission of the City of North Richland Hills, Texas. Production: means the period after the fracturing and flow back operations have been completed and natural gas has been run thru a series of separators and tank batteries to metering devices and into the pipeline. Property Lines: means surface property lines per this ordinance. Public Building: means all buildings used or designed to and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or health care. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants, and hospitals. Public Park: means any land area dedicated to and/or maintained by the City for traditional park-like recreational purposes, NRH2O and Iron Horse Golf Course but shall not include privately-owned amusement parks. Public Right-of Way: means public streets, highways, alleys, sidewalks, pathways, trails, and bridges. Public Works Department: means the Public Works Department of the City of North Richland Hills, Texas. Re-Drill: means re-completion of an existing well by deepening or sidetrack operations extending more than one hundred fifty feet (150') from the existing well bore. Religious Institution: means any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship orfor propagating a particularform of religious belief. Residence: means a house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a gas well permit is filed and accepted by the Planning and Development Department. Re-working: means re-completion or re-entry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty feet (150'} from the existing well bore, or replacement of well liners or casings. Rig-down: The day drilling has been completed and the rig is dissembled and all equipment prepared for movement from the pad site. Right-of Way: means any area of land within the City that is acquired by, dedicated to, or claimed by the City in fee simple, by easement, by prescriptive right or other interest and that is expressly or impliedly accepted or used in fact or by operation of law as public roadway, sidewalk, alley, utility, drainage, or public access easement or used for the provision of governmental services or functions. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved. Right-of Way Maintenance Agreement: means a written agreement provided by the City obligating the operator, at his own expense to repair damage, excluding ordinary wear and tear, if any, including but not limited to, ~ub~+c ctre~ts, ~ path, try a-nd brid~e~ Public Right-of-Way caused by the operator or its employees, agents, contractors, subcontractors, or representatives in the performance of any activity associated with the preparation, drilling, ~ production and operation of gas wells authorized by the City. Right-of Way Use Agreement: means the authorization issued to Company to use the Public Right-of-Ways for (i} the construction, installation, maintenance and repair of Company's Pipeline; (ii} the use of such Pipeline for the transportation of Gas; and (iii} any other directly related uses of the Public Rights-of-Ways, pursuant to and in accordance with aRight-of-Way Use Agreement. Rig-up: The process of setting up ancillary equipment and the drilling rig in order to begin the drilling process. School: means any public and private, primary and secondary educational facilities providing education up through and including the twelfth grade level and any licensed day care centers, meaning a facility licensed by the State of Texas or by the City of North Richland Hills that provides care, training, education, custody, treatment or supervision for more than six (6) children under fourteen (14) years of age, and for less than twenty-four (24~ hours per day. Street: means any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way. Thoroughfare Plan: means the Thoroughfare Plan approved by the City of North Richland Hills, Texas. Well: means any single hole or bore to any horizon, formation, or strata, for the purpose of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth. For each separate new hole a gas well permit is required. Wire line logging: means the use of radioactive isotopes which are used when measuring formations within the immediate vicinity of the drilling hole. A permit will be required thru the Office of the Fire Marshal. Article II-Drilling & Production Section 104-3. City Oversight The Gas Inspector shall have the authority to enter and inspect any premises covered by the provisions of this chapter to determine compliance with the provisions of this chapter and all applicable laws, rules, regulations, standards or directives of the City or state. Failure of any person to permit access to the Gas Inspector shall constitute a violation of this chapter. Additionally, the Gas Inspector and other City officials shall have the authority to issue any orders or directives required to carry the intent and purpose of this chapter and its provisions. The Gas Inspector shall have the authority to request and receive any records, including any records sent to the Commission, logs, reports and the like, relating to the status or condition of any permitted well necessary to establish and determine compliance with the applicable permit. Failure of any person to provide any such requested material shall be deemed a violation of this chapter. The Gas Inspector shall insure the drilling site meets all site plan conditions as approved in the drilling permit. The Gas Inspector shall have the authority to approve minor changes to the site plan in order to facilitate conditions conducive to operations as long as they do not conflict with Chapter 104 or any Gas Board of Appeals approvals or stipulations. Any major change shall require an amended permit submittal and approval. Section 104-4. Operator's Agent Every operator of any well shall designate an agent, who is a resident of the State of Texas, upon whom all orders and notices provided in this chapter may be served in person or by registered or certified mail. Every operator designating such agent shall within ten (10) days notify the Planning and Development Department in writing of any change in such agent or such mailing address unless operations within the City are discontinued. Failure to do so shall be deemed a violation of this chapter. Section 104-5. Seismic Survey Permit Requirements A permit shall be required for seismic surveys. No seismic survey permit shall be granted unless the applicant shows proof of lease of mineral property within 200 feet of the right-of-way on which the survey is to be conducted. All seismic survey permit applications shall be submitted to the Gas Inspector for approval. The seismic survey shall not begin prior to the issuance of a seismic survey permit from the City. A permit shall include, but is not limited to, the following information: (a) Operator/applicant name, phone number, fax number, physical address, and, if possible, email address; if the operator is a corporation, the state of the incorporation, and if the operator is a partnership, the names and addresses of the general partners shall be provided. (b) Detailed mapping of location and extent of seismic survey. (c) Date and time the seismic survey will be conducted. (d) Detailed explanation of the seismic survey method to be used on site. (e) Date and time the seismic survey will be completed. (fl If the seismic survey is conducted in any right-of-way then the operator must reimburse all costs to the City for any damages associated with the seismic survey. (g) The permit fee for a seismic survey on public property shall be 25 cents per linear foot, plus the costs of barricade rental and personnel required to direct and divert traffic if City forces and materials are used. (h) An operator must submit a traffic safety and management plan as required by the Public Works Department with all seismic surveys that are conducted within the right-of-way. (i) Under no circumstances may explosive charges, including, but not limited to, the use of dynamite, be used in any way related to the preparation and/or operation of conducting a seismic survey. Section 104-6. Gas well Permit Requirements (a) A person wanting to engage in and/or operate in gas production activities shall apply for and obtain a gas well permit under this chapter and shall indicate what type of well permit is requested. It shall be unlawful for any person acting either for himself or acting as an agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, re- working, fracturing or operation of any such well or to conduct any activity related to the production of gas without first obtaining a gas well permit issued by the City in accordance with this chapter. Such activities include, but are not limited to, re-working, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing. (b) The operator must apply for and obtain a gas well permit for the drilling of each well. The operator shall neither apply nor obtain a "blanket" permit for more than one (1) well if multiple wells are located on the same tract of land. Each new well established at the ground surface will be considered a new gas well permit. (c} An existing gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this chapter if the operator is re-entering and drilling an abandoned well. (d) When a gas well permit has been issued to the operator for the drilling, re- entering, activating or converting of a well, such gas well permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, re-working, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well. An amended gas well permit shall be obtained before such well may be modified for purposes of re-drilling, deepening or converting such well to a depth or use other than that set forth in the then current permit for such well. (e) Any person who intends to re-work a permitted well using a drilling rig, to fracture stimulate (fracturing) a permitted well after initial completion shall give written notice to the Gas Inspector no less than ten (10} days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including, but not limited to, whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and twenty-four (24~ hour telephone number of the person conducting the activities. The person conducting the activities shall post a sign on the property giving the public notice forty eight (48} hours in advance of the fracturing activities. The sign shall comply with the requirements of Section 104-13, "On Site and Technical Regulations," (y) Signs (1). (f) Wire line logging Permit Approval: ten days prior to this event a permit application shall be completed at the Office of the Fire Marshal. Once application and permit is approved the operator shall notify the Office of the Fire Marshal no later than 72 ours prior to commencement of the event. A plan should be submitted for transportation route of the explosives which shall be the PrimaryA route as specified in the Drilling Permit. An on-site inspection will take place once items have been delivered and prior to use. Proper signage shall be posted for this procedure. (g) Perforating Permit Approval: ten days prior to the event a permit application shall be completed at the Office of the Fire Marshal. Once application and permit is approved the operator shall notify the Office of the Fire Marshal. A plan should be submitted for transportation route of the explosives which shall be the Primary A route as specified in the Drilling Permit. An on-site inspection will take place once items have been delivered and prior to use. Proper signage shall be posted for this procedure. (h) No gas well permit shall be issued for any improvements on gas well sites that include compressors without and an appeal and approval from the Gas Board of Appeals. (i) Well setbacks for gas well permits. (1) It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located: a. Within six hundred feet (600') from any playgrounds, competition athletic fields, swimming pools, water slides and playgrounds, concession stands, pavilions or picnic areas within a public park unless prior consent is obtained from the City Council to drill in a public park; b. Within six hundred feet (600') from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued on the date of the application fora gas well permit is filed with the Planning and Development Department; c. Within fifty feet (50') of any public street, road, highway, or right-of- way line; d. Within one hundred feet (100') of any existing potable Ovate r we I I . e. Within one hundred fifty feet (150') of any property line. f. Within one hundred fifty feet (150') from a railroad right of way. g. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the object listed in items a through f, above. The above calculations shall be prepared by a Registered Professional Land Surveyor. (2) Tank batteries and separators aid oompres~or~ shall be located at least twee hundred feet (390'} one hundred fifty feet (150') from any public playground, competition athletic field, picnic area within a public park, unless prior consent is obtained from the City Council to drill in a public park or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy, for which a building permit has been issued on the date of the application for a gas well permit is filed. The distance shall be calculated from the closest tank batteries, separators or compressors, in a straight line, without regard to intervening structures or objects, to the closest part of the playground, competition athletic field, picnic area, residence, religious institution, public building, hospital building or schools, or any other building used or designed and intended to be used for human occupancy. (3) The distances set out in subsection 104-6 (f)(1) and (2) above may be reduced at the discretion of the Gas Board of Appeals pursuant to Section 104-18, "Appeals," of this chapter, but never less than three hundred feet (300') except as provided by (4) below. All distance reductions shall be documented as exceptions to the requested permit prior to issuance. (4) Notwithstanding the provisions of this section, wells may be drilled no closer than one hundred fifty feet (150') from existing residences that are occupied by persons who in writing consent to the request to drill the well if approved by a majority vote of the Gas Board of Appeals pursuant to Section 104-18. Said written consent is required from all residences occupied by persons within three hundred feet (300') of a proposed well bore prior to an application for a well permit being processed by city staff. Wells may be re-drilled, deepened, re-entered, activated or converted if no closer than one hundred fifty feet (150') from any residence constructed after the well was originally drilled without such consent. (5) Notwithstanding the provisions of this section, new residences, religious institutions, public buildings, retail or commercial buildings, hospital buildings or school buildings with classrooms may be built no closer than one hundred and fifty feet (150'} from an existing well. (j) A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within ninety (90) days from the date of the issuance of the permit. A well permit may be extended by the Gas Inspector for an additional ninety (90) days upon written request by the operator and proof that the regulatory standards of the requested permit for such location have not changed. (k) Permits required by this chapter are in addition to and are not in lieu of any permit which may be required by any other provision of the City Code or by any other governmental agency. (I) ~o nil permit shill h° u €er ~ny~vell to be-drilled within t by the Federal E n~gement ~FEMA) en the meet current ~I Ir~ur~e Rafe 1~4ap (FIRM). Gas Wells proposed in the floodplain eut e# the~lee~va~ shall comply with the requirements for development in the City Code, Chapter 102: "Floods and Stormwater Management. (m) No gas well permit shall be issued for any well to be drilled that is not in compliance with any standard, provision, procedure, and/or recommendation as described in the City's Public Works Design Manual. (n) By acceptance of any permit issued pursuant to this chapter, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this chapter. The terms of this chapter shall be deemed to be incorporated in any permit issued pursuant to this chapter with the same force and effect as if this chapter was set forth verbatim in such permit. Section 104-7. Gas Well Permit Application and Filing Fees (a) Every application for a gas well permit issued pursuant to this chapter shall be in writing signed by the operator, or some person duly authorized to sign on his behalf, and filed with the Planning and Development Department. (b) Every application shall be accompanied by a permit fee of #+~e the~a~d dollars {~5,9A0.90). ten thousand dollars ($10,000.00) The application shall include the following information: (1) The date of the application and type of permit requested. (2) An accurate legal description of the lease property to be used for the operation site, the parcel and the production unit and name of the geologic formation as used by the Commission. Property recorded by plat shall reference subdivision, block and lot numbers. (3) Map showing proposed transportation route and road(s) for equipment, chemicals or waste products used or produced by the gas operation. (4) Proposed well name and well depth. (5) Surface owner names(s), telephone number(s), fax numbers}, physical address(es), and, if possible, a-mail addresses, of the lease property. (6) Mineral lessee name, telephone number, fax number, physical address, and, if possible, a-mail address. (7) Operator/applicant name, telephone number, fax number, physical address, and if possible, a-mail address and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners. (8) Name, telephone number, fax number physical address of individual designated to receive notice, and, if possible, a-mail address. (9) Names and address of representatives or operator's agent with supervisory authority over all gas operation site activities and atwenty- four (24) hour telephone number. (10) Location and description of all improvements and structures within eight hundred feet (800') of the well. Such locations and descriptions shall be prepared by a Registered Professional Land Surveyor. (11) A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed wells} and other facilities including, but not limited to, tanks, pipelines, separators and storage tanks or storage sheds. All site plans must include the following criteria: a. Property boundaries with dimensions and setback lines. b. Location of proposed buildings and structures indicating sizes in square feet. c. The location and intensity of exterior lighting fixtures. d. The location of mechanical equipment. e. Outside storage areas. f. Curb cut locations. g. Parking, loading, and maneuvering areas. h. The location, materials and dimensions of screening improvements as required by Section 104-14, Screening (a) (1). i. A separate plan sheet showing the location, materials and dimensions of all screening improvements as required by Section 104-14, "Screening," (a) (2). j. Sanitary Waste disposal locations with screening and any sanitary waste disposal operations onsite. k. Adjacent Property lines, streets, easements immediately adjacent to the operation site. I. Names of owners of property immediately adjacent to the operation site. m. Names of subdivisions immediately adjacent to the operation. n. Site plans shall be submitted on a sheetsize of 24" x 36" minimum. o. City boundaries where applicable. p. Date the drawing was prepared with name, address, and phone number of preparer. q. Location, width, purpose of all existing easements. r. North arrow, at a maximum scale of 1:50 immediately adjacent to the operation site. s. All existing street names immediately adjacent to the operation site. t. Dimensions of all existing rights-of-way as specified on the City's Thoroughfare Plan. u. Title Block identifying gas well site location. v. Vicinity location map at 1 2000'. w. Zoning classifications of all properties shown on the Site Plan. x. Location of 100-year flood limits where applicable. y. Texas NAD83 State Plane Coordinates for at least two corners z. As a minimum, a preliminary drainage study as identified in the Public Works Design Manual. (12) Copies of all reports required by the Commission, specifically including a copy of the approved Railroad Commission Form W-1 and/or P-4. (13) A signed right-of-way maintenance agreement. ~uppl+ed by the-City that e~ that the-sye~a~er ehall repair, ~t hip-ern expep-se, 'damage c-a~sed byr any activity a~secia~ed v~ith tk~e prepa~ien, d ~ deduction, aid epe~a~ien ` (14) A description of public utilities required during drilling and site operations. (15) A description of the water source to be used during drilling. (16) A copy of the Stormwater Pollution Prevention Plan (SWPP) as required by the Commission, the Texas Commission on Environmental Quality (TCEQ), the United States Environmental Protection Agency (USEPA) and/or the City. A copy of the Notice Of Intent (NOI) shall be submitted to the Public Works Department at least three (3) days prior to the commencement of any onsite activity. (17) A copy of the determination by the TCEQ of the depth of useable quality ground water. (18) Evidence of insurance and security requirements under this chapter. (19) A statement, under oath, signed by the operator or designated representative, that the information submitted with the application is, to the best knowledge and belief of the operator or designated representative, true and correct. (20) All required application and permit fees. (21) A tree preservation plan that conforms to the City's ordinance. (22) A copy of a Hazardous Materials Management Plan and additionally, all material safety data sheets (MSDSs) for all hazardous materials that will be located, stored, transported and/or temporarily used on the drilling site shall be provided to the Gas Inspector and the Fire Department. This document shall be divided in to Drilling and Production with table of contents and individually tabbed chemicals. (c) Building Permit Required. (1) No building or structure regulated by the current code adopted by the City shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the Planning and Development Department. No subdivision plat will be required. (2) It shall be the responsibility of any person, firm, or corporation, upon submittal of an application for a building permit for work regulated by the current code adopted by the City, to register as a general contractor with the City. Work regulated includes, but is not limited to, construction of gates, fencing, plumbing, irrigation, electricity, roadways, entrances, compressors, flow lines, pipelines, gathering lines, tank batteries, and buildings. Such registration shall be upon forms supplied by the Planning and Development Department and shall become null and void on December 31st of each year. An appropriate fee for registration shall be assessed in accordance with the City fee schedule. (d) Annual Permit Required -Operator shall be responsible for applying for an annual permit within 30 days of the anniversary of the original approval of the drilling permit. The annual permit fee shall be $2,000. Section 104-8. Permitting Procedure (a) All Gas Well Permits will be filed through the Planning and Development Department. The Planning and Development Department will then convene a meeting of the Development Review Committee (DRC). (b) It is the responsibility of the DRC to review and approve or disapprove all applications for gas well drilling permits based on the criteria established by this chapter. (c) The DRC, within forty-five (45) days after the filing of a completed application and remittance of all fees, insurance, and security per the requirements of this chapterfor a gas well permit, shall determine whetherthe permit application shall be approved or denied. Upon approval, the Gas Inspector shall sign the permit. (d) The provisions of this chapter shall apply to any dwellings or buildings for which an application for a building permit has been submitted on the date the application for a gas well permit is filed with the Planning and Development Department. (1) All new and/or proposed construction of any buildings, structures, streets, roads, and/or applicable improvements to the property upon which any gas well is located must be in compliance with all applicable setback requirements enumerated in this chapter. (2) If all the requirements of this chapter are met, the DRC shall issue an approval letter for the drilling of the well or the installation of the facilities for which the permit application was made. (3) If the DRC denies a permit application for cause as set out in this chapter for the requested gas well permit, the DRC shall notify the operator in writing of such denial stating the reasons for the denial. Within forty-five (45) days of the date of the written decision of the DRC to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the Planning and Development Department for approval and issuance of the permit. Additionally, the operator may file an appeal to the Gas Board of Appeals under the provisions outlined in this chapter pursuant to Section 104-18 of this chapter. (4) The failure of the DRC to review and issue a permit within the time limits specified above shall not cause the application to be deemed approved. The failure of the DRC to act within the time limit shall be deemed a disapproval. The operator may file an appeal to the Gas Board of Appeals under the provisions outlined in this chapter pursuant to Section 104-18 of this chapter. (e) If an application for a permit is denied by the City, nothing herein contained shall prevent a new permit application from being submitted to the Planning and Development Department for the same well. Forfeiture of Applications Fees: The applicant shall forfeit all fees paid and be responsible for making a new application and paying new fees after 180 days from the initial permit approval if no rig-up has begun, or if the operator fails to correct any noncompliance as a result of a suspension or revocation of a gas well permit. Section 104-9. Amended Gas Well Permits (a) An amended permit may be issued for, but not limited to, the following changes in drill and/or operational site activities: (1) Re-drilling; (2) Deepening beyond one hundred fifty feet (150') of the permitted depth; (3) Site access; (4) Locations and/or quantities of equipment as determined by the Gas Inspector; (5) Locations and/or number of drilling fluid or other types of pits; and (6) Locations and/or number of buildings and structures. (b) Applications for amended permits shall be in writing, shall be signed by the operator, and shall include the following: (1) An application fee of five hundred dollars ($500.00); (2) A description of the proposed amendments; (3) Any changes to the information submitted with the application for existing permit (if such information has not previously been provided to the City); (4) Such additional information as is reasonably required by the Gas Inspector to demonstrate compliance with the applicable permit; (5) Such additional information as is reasonably required by the Gas Inspector to prevent imminent destruction of property or injury to persons; and (6) An amended Site Plan will be required. (c) All applications for amended permits shall be filed with the Planning and Development Department for review by the DRC. Incomplete applications may be returned to the applicant, in which case the City shall provide a written explanation of the deficiencies; however, the City shall retain the application fee. The City may return any application as incomplete if there is a dispute pending before the Commission regarding the determination of the operator. (d) If the activities proposed by the amendment are not materially different from the activities covered by the existing permit then the DRC shall approve or disapprove the amendment within fifteen (15) days after the application is filed. (e) If the activities proposed by the amendment are materially different from the activities covered by the existing permit, and do not create a risk of destruction of property or injury to persons, then the DRC shall approve or disapprove the amendment within forty-five (45) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Gas Inspector or the DRC, might create a risk of destruction of property or injury to persons that were not associated with the activities covered by the existing permit or that were not otherwise taken into consideration by the existing permit, the DRC may require the amendment to be processed as a new permit application. (f) The failure of the DRC to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. Further, the decision of the DRC to deny an amendment to a permit shall be provided to the operator in writing within the time period indicated in (d) and (e) above, including an explanation of the basis for the decision. The operator may appeal any such denial to the Gas Board of Appeals, if such an appeal is filed within ten (10} days after such denial, as provided by Section 104-18 of this Chapter. Section 104-10. Suspension or Revocation of Gas Well Permits (a) If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a permit (including any requirement incorporated by reference as part of the permit), the City shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than ten (10) days unless the failure presents a risk of imminent danger of property or injury to persons or unless the failure involves the operator's failure to provide periodic reports as required by this chapter. (b) If the operator fails to correct the noncompliance, the City may suspend or revoke the permit pursuant to the provisions of this chapter. (c) No person shall carry on any operations performed under the terms of the permit issued under this chapter during any period of any permit suspension or revocation or pending a review of the decision or order of the City in suspending or revoking the permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the permit was ordered for the safety of persons or as required by the Commission. (d) If the operator does not cure the noncompliance within the time specified in this chapter, the City, upon written notice to the operator, may notify the Commission and request that the Commission take any appropriate action. (e) An operator may, within ten (10) days of the date of the decision of the City in writing to suspend or revoke a permit, file an appeal to the Gas Board of Appeals under the provisions outlined in this chapter pursuant to Section 104-18 of this chapter. Section 104-11. Periodic Reports (a) The operator shall notify the Gas Inspector of any changes to the following information within ten (10) days after the change occurs: (1) The name, physical address, telephone number, and fax number, of the operator; (2) The name, address, and telephone number of the person designated to receive notices from the city (which person must be a resident of Texas that can be served in person or by registered or certified mail); and (3) The operator's emergency action response plan (including "drive-to-maps" from public rights-of-way to each drill site). (b) The operator shall notify in writing the Gas Inspector and the Planning and Development of any change to the name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities within one (1) business day. (c) The operator shall provide a copy of any "incident reports" or written complaints submitted to the Commission and a copy to the City within thirty (30) days after the operator has notice of the existence of such reports or complaints. (d) Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Gas Inspector and the Planning and Development Department that the well has been abandoned and the site restored, the operator shall submit a written report to the Gas Inspector identifying any changes to the information that was included in the application for the applicable permit that have not been previously reported to the City. Section 104-12. Bond, Letters of Credit, Indemnity, Insurance. (a) General requirements. The operator shall be required to: (1) Comply with the terms and conditions of this chapter and the permit issued hereunder. (2) Promptly clear drill and operation sites of all litter, trash, waste and other substances used, allowed, or occurring in the operations, and after abandonment or completion grade, level and restore such property to the same surFace conditions as nearly as possible as existed before operations as determined by the Gas Inspector. (3) Indemnification and express negligence provisions. Operators shall sign each permit and the City shall retain a signed original. Each such permit issued by the City shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the City of North Richland Hills, andlor its departments, agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit. The operator shall fully defend, protect, indemnify, and hold harmless the City of North Richland Hills, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of North Richland Hills, Texas, its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit. The operator agrees to indemnify and hold harmless the City of North Richland Hills, Texas, its departments, its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of North Richland Hills occurring on the drill site or operation site in the course and scope of inspecting and permitting the wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the City of North Richland Hills occurring on the drill site or operation site in the course and scope of inspecting and permitting gas wells. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATORTO INDEMNIFYAND PROTECTTHE CITY OF NORTH RICHLAND HILLS, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND10R DAMAGE. (4) Promptly pay all fines, penalties and other assessments imposed due to breach of any terms of the permit. (5) Promptly restore to its former condition any public property damaged by the gas operation. (b) Bond, irrevocable letter of credit. Prior to the issuance of a gas well permit the operator shall provide the Public Works Department with a security instrument in the form of a bond or an irrevocable letter of credit as follows: (1) Bond. A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas, acceptable to the City. The bond shall become effective on or before the date the gas well permit is issued and shall remain in force and effect for at least a period of six (6) months after the expiration of the permit term or until the well is plugged and abandoned and the site is restored, whichever occurs last. The operator shall be listed as principal and the instrument shall run to the City, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this chapter and the City. The original bond shall be submitted to the Planning & Development Department with a copy of the same provided to the City Secretary. City, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this chapter and the City. (2) Letter of Credit. A letter of credit shall be issued by a reliable bank authorized to do business in Texas and shall become effective on or before the date the permit is issued. The letter of credit shall remain in force and effect for at least a period of six (6) months after the expiration of the permit term or until the well is plugged and abandoned and the site is restored, whichever occurs last. The City shall be authorized to draw upon such letter of credit to recover any fines or penalties or costs to remedy assessed under this chapter. Evidence of the execution of a letter of credit shall be submitted to the City by submitting an original signed letter of credit from the banking institution, with a copy of the same provided to the City Secretary. (3) The principal amount of any security instrument shall be fifty thousand dollars ($50,000.00) for any single well. If, after completion of a well, the applicant/operator, who initially posted a fifty thousand dollars ($50,000.00) bond, has complied with all of the provisions of this chapter and whose well in the producing stage and all drilling operations have ceased, may submit a request to the Gas Inspector to reduce the existing bond to ten thousand dollars ($10,000.00) for the remainder of the time the well produces without reworking. During reworking operations, the amount of the bond or letter of credit shall be maintained at fifty thousand dollars ($50,000.00). If at any time after no less than a fifteen (15) day written notice to the operator and a public hearing, the City Council shall deem any operator's bond or letter of credit to be insufficient, it may require the operator to increase the amount of the bond or letter of credit up to a maximum of two hundred fifty thousand dollars ($250,000.00) per well. (4) Whenever the Gas Inspector finds that a default has occurred in the performance of any requirement or condition imposed by this chapter, a written notice shall be given to the operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed by the Gas Inspector to be reasonably necessary for the completion of such work. After receipt of such notice, the operator shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay over to the City one hundred twenty-five percent (125%) of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator's failure to provide periodic reports as required by this chapter. The City shall be authorized to draw against any irrevocable letter of credit or bond to recover such amount due from the Operator. Upon receipt of such monies, the City shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Commission, such additional money may be demanded from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this chapter. (5) In the event the operator does not cause the work to be performed and fails or refuses to pay over to the City the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the City against the applicable irrevocable letter of credit or bond the City may proceed to obtain compliance and abate the default by way of civil action against the operator, or by criminal action against the operator, or by both such methods. (6) When the well or wells covered by said irrevocable letters of creditor bond have been properly abandoned in conformity with all regulations of this chapter, and in conformity with all regulations of the Commission and notice to that effect has been received by the City, or upon receipt of a satisfactory substitute, the irrevocable letter of credit or bond issued in compliance with these regulations shall be terminated and cancelled. (c) Insurance. In addition to the bond or letter of credit required pursuant to this chapter, the operator shall carry a policy or policies of insurance issued by an insurance company or companies authorized to do business in Texas. In the event such insurance policy or policies are cancelled, the permit shall be suspended on such date of cancellation and the operator's right to operate under such permit shall immediately cease until the operator files additional insurance as provided herein. (1) General requirements applicable to all policies. a. The City, its officials, employees, agents and officers shall be endorsed as an "additional insured" to all policies except employer's liability coverage under the operator's workers compensation policy. b. All policies shall be written on an occurrence basis except for environmental pollution liability (seepage and pollution coverage) and excess or umbrella liability, which may be on a claims-made basis. c. All policies shall be written by an insurer with an A-: VIII or better rating by the most current version of the A.M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. d. Deductibles shall be listed on the certificate of insurance and shall be on a "per occurrence" basis unless otherwise stipulated herein. e. Certificates of insurance shall be delivered to the City Secretary, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, Texas 76180, evidencing all the required coverage's, including endorsements, prior to the issuance of a permit. f. All policies shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. g. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein. h. Each policy shall be endorsed to provide the City a minimum thirty (30) day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10) days notice shall be acceptable in the event of non-payment of premium. i. During the term of the permit, the operator shall report, in a timely manner, to the Public Works Department any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. Upon request, certified copies of all insurance policies shall be furnished to the City. (2) Standard commercial general liability policy. This coverage must include premises, operations, blowout or explosion, products, completed operation, sudden and accidental pollution, blanket contractual liability, underground resources damage, broad form property damage, independent contractors protective liability and personal injury. This coverage shall be a minimum combined single limit of one million dollars ($1,000,000.00) per occurrence location for bodily injury and property damage. (3) Excess or umbrella liability. Five million dollars ($5,000,000.00) excess, if the operator has astand-alone environmental pollution liability (EPL} policy. Ten million dollars ($10,000,000.00) excess, if the operator does not have a stand-alone EPL policy. Coverage must include an endorsement for sudden or accidental pollution. If seepage and pollution coverage is written on a "claims made" basis, the operator must maintain continuous coverage and purchase extended coverage period insurance when necessary. (4) Environmental pollution liability coverage. Operator shall purchase and maintain in force for the duration of the permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least one million dollars ($1,000,000.00) per loss, with an annual aggregate of at least ten million dollars ($10,000,000.00.) a. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. b. The operator shall maintain continuous coverage and shall purchase extended coverage period insurance when necessary. The extended coverage period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by the City. (5) Control of well. The policy should cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents. Five million dollars ($5,000,000.00) per occurrence/no aggregate, if available, otherwise an aggregate of ten (10) million dollars ($10,000,000.00). Five hundred thousand dollars ($500,000.00) sub-limit endorsement may be added for damage to property for which the operator has care, custody and control. (6) Workers compensation and employers liability insurance. Workers compensation benefits shall be Texas statutory limits. Employers' liability shall be a minimum of five hundred thousand dollars ($500,000.00) per accident. Such coverage shall include a waiver of subrogation in favor of the City and provide coverage in accordance with applicable state and federal laws. (7) Automobile liability insurance. Combined single limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Coverage must include all owned, hired and not-owned automobiles. (8) Certificates of insurance. The company must be admitted or approved to do business in the State of Texas, unless the coverage is written by a Surplus Lines insurer. The insurance set forth by the insurance company must be underwritten on forms that have been approved by the Texas State Board of Insurance or ISO (Insurance Services Office), or an equivalent policy form acceptable to the City, with the exception of environmental pollution liability and control of well coverage. Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the City. All policies shall be endorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN NOTICE IS REQUIRED." Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. (9) Notice. The individual designated to receive notice shall be a resident of Texas upon whom all orders and notices provided in this chapter may be served in person or by registered or certified mail. Every operator shall within ten (10) days notify the Gas Inspector in writing of any change in such agent or mailing address unless operations in the City are discontinued and abandonment is complete. Section 104-13. On Site and Technical Regulations. (a) Abandoned wells. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10') below the surface unless the surface owner submits a written agreement otherwise. No structures shall be built over an abandoned well. (b) Blowout prevention. In all cases, blowout prevention equipment shall be used on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during gas operations as required by and in conformance with the requirements of the Commission and the recommendations of the American Petroleum Institute (API). The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the Commission. The operator must conduct daily testing of the operation and pressure providing a copy to the City weekly. (c) Chemical and materials storage. All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain, and facilitate rapid remediation and cleanup of any accidental spill, leak, or discharge of a hazardous material. Operator shall have all material safety data sheets (MSDSs) for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to, chemical and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containment systems, and protection from stormwater and weather elements. (d) Closed Loop System.: A closed loop mud circulating system shall be the only approved and permitted system used in the drilling process. This system is self contained and has the ability to reuse certain products and is contained within the confines of the drilling pad site. (e) Fracture Stimulation: The following requirements shall apply to all fracture stimulation (fracturing) operations performed on a well: (1) At least forty-eight (48) hours before operations are commenced, the operator shall post a sign, which complies with (y) Signs (1) of this Section, at the entrance of the well site advising the public of the date the operations will commence and an anticipated completion date; (2) "Flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours only unless the Gas Inspector approves in writing such operations during non-daylight hours; (3) A watchperson shall be required at all times during such operations; and (4) At no time shall the well be allowed to flow or vent directly to the atmosphere. (f) Compliance. Operator shall comply at all times with all applicable federal, state and City requirements. (g) Discharge. No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or brine from any gas operation or the contents of any container used in connection with any gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private or public property in the City. (h) Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. (i) Drill stem testing. All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. (j) Drip pans and other containment devices. Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections, and any other areas or structures that could potential leak, discharge, or spill hazardous liquids, semi-liquids, or solid waste materials. (k) Dust, vibration, odors. All drilling and production operations shall be conducted in such a manner as to minimize, so far as practicable, dust, vibration, or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of gas and other hydrocarbon substances. All equipment used shall be so constructed and operated so that, vibrations, dust, odor or other harmful or annoying substances or effect will be minimized by the operations carried on at any drilling or production site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements as identified by the Gas Inspector in industry standards of drilling and production in this area may be adopted as they become available if capable of reducing factors of dust, vibration and odor. (I) Electric lines. All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision. (m) Electric motors. Only electric prime movers or motors shall be permitted for the purpose of pumping wells. No electric power shall be generated on location. All electrical installations and equipment shall conform to the City's ordinances and the appropriate national codes. (n) Emergency response plan. Prior to the commencement of any gas or other hydrocarbons production activities, operator shall submit to the Gas Inspector an emergency response plan establishing written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Said plan shall use existing guidelines established by the Commission, TCEQ, Texas Department of Transportation and/or the USEPA. The emergency response plan shall be kept current with any additions, modifications, and/or amendments concerning all construction-related activities, natural gas operations and, and/or natural gas production. Updated plans shall be submitted to the Gas Inspector within two (2) business days. A copy of the emergency response plan shall be kept on site. (o) Explosive charges. Under no circumstances shall explosives of any type be used during any phase of drilling, re-drilling, deepening, re-entering, activating, converting, fracturing, or completing a gas well without the prior consent of the Fire Department. The operator shall provide notice to the Gas Inspector at least ten (10) days prior to such activities. The notice shall identify the date that the explosive charges will be used, the date and means of transporting the explosive charges, and the transportation route to and from the drill and/or operation site that will be used for the delivery of the explosive charges. A permit shall be issued from the Gas Inspector for all use of explosives. (p) Fire prevention; sources of ignition. Firefighting apparatus and supplies as approved by the Fire Department and required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and shall be maintained on the drilling site at all times during drilling and production operations. The operator shall be responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All well heads shall contain an emergency shut off valve to the well distribution line. (q) Gas emission or burning restricted. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the Commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the Commission, then such vent or open flame shall ~t be teEa#~d c~eeer than hundred fee~(59~0') frem any bui~ing net u~d in ~ope~a#+ons-~-e~ a safe location as determined by the Gas Inspector or on the drilling site and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners. (r) Grass, weeds, trash. All drill and operation sites shall be kept clear of high grass, weeds, and combustible trash. (s) Lights. No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and shielded so as to both prevent direct illumination of and minimize glare on public roads and adjacent dwellings and buildings within six hundred feet (600'}. (t) Muffling exhaust. Exhaust from any internal combustion engine, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment shall not be discharged into the open air unless it is equipped with an exhaust muffler, or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot. All formation fracturing operations shall be conducted during ~ht hours untess the~pe~a~or hav n~#+ed the as approved by the Gas Inspector that #~a-cturin~g cur be#ore-er ~ ht he~rs~o m uire~ent~ (u) Organic solvents. Organic solvents, such as trichloroethylene and carbon tetrachloride, shall not be used for cleaning any element, structure, or component of the drilling rig, platform, andlor associated equipment, tools, or pipes. To the maximum extent practicable, high flash point Varsol shall be used. (v} Pipe dope. Lead-free, biodegradable pipe dope shall be substituted for API specified pipe dope. All r°e~ p+ts, oem p I~t+o nJko~er p+~, g f l u ~d ~i~{~e~a l p+ts, f rest m~eup wader pig, gav plant eva-~ora~+onl~efenti~n pite, mid ~cula~+on pig, or ~n~~t°r r+nnrl°ne~t° pity-~ha-II b° wi#h pl~st+c or e~e~ed r~-~d in tam Th ~urf~^° °~°~-~+~^n ~f the pit mad not e~c~eed t1A/~ inche~{12") move #h~e-erietir~g ground t+on pr+or to won ~ ructisn ~f the pit. O-~e-(1) ie r°" be#~een th° ei irf~n° °~°,,,+~nn aid en top of berm. such pis-a-~d oe~tente~ha-II h° r°m^,f°,~ hem the pr°m~c°c ~n~ the~lrill+~g eke within forty~4~0) ompte#+on I, unl°~t~°~^~~c° authorized by tie-Gay Ine~ector. Igo eut pite~h~ll b within tie-City, unle~ #~+d, ~lu~e, sea+d m~te~+a~, drilling flu+~, ,^,r.~ oil, spent coma all 9ther liqu+~, semi-t+qui~, mud, in~clu~ing h~~~r~^~ ~c ~^~~c~° in wimple mechonieal rem~al pr aid is m~e up primarily~f natu~ m~erial is im~ediy ~ptured within a °n~d, a~ov~ group eenta+~ment t (w) Private roads and drill sites. Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site itself shall be at least twenty feet (20') wide, have an overhead clearance of fourteen feet (14'). All private roads on drill sites during the drilling and fracturing stages of a drill site shall be an all-weather hard surface and maintained to prevent dust, mud and rutting. Once the production phase begins on any well within a drilling site all private access roadways to the drilling site shall be constructed of concrete in accordance with the Public Works Design Manual and approved by the Public Works Department. In particular c~ theee ~equ~ ~ g-e~erning sur€a-sing of private r9~a~ mad be a~te~d at tie diercre#+on of tie °ubl~c Ilvorks Department a#ter oon ~ ~ n of ~ e~cumJt'"~ TGw includ+~g, but nst limited to, th ing: ~~t~"^°c fr^m publiE ~a-d h+gh ~ from ad}eining aid nearby pr^~°r+„ n,n,n°re ~urfa~e rights-aye n9t le~~ed bye th ~ n; the purp9~for r~hich tie pr h 9~ae~~ is-or may be used; ts-~e~gra~hi~~fe~a~ture~; nature s$il; ~-d erp9~ure-~o wind (x) Salt water wells. No salt water disposal wells shall be located within the City. (y) Signs. (1) A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing erected pursuant to this chapter. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the Commission, shall have a surface area of not less than sixteen (16) square feet with contrasting lettering not less than four inches (4} tall and shall be lettered with the following: a. Well name and number; b. Name of operator; c. The emergency 911 number; and d. 24 Hour Telephone numbers of two (2} persons responsible for the well who may be contacted in case of emergency. (2) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in both English and Spanish shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the Fire Department of the City. Sign lettering shall be four inches (4") in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the Fire Department and the operator, well and lease designations required by the Commission. (z) Storage of equipment. On-site storage is prohibited on the operation site. No equipment shall be stored on the drilling or production operation site, unless it is necessary to the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site. No vehicle or item of machinery shall be parked or stored on any street, right-of-way or in any driveway, alley or upon any operation site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for drilling or production operations on the site. The Fire Department shall be the entity that determines whether equipment on the site shall constitute a fire hazard. No refinery, processing, treating, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises. This shall not be deemed to exclude a conventional gas separator or dehydrator. (aa) Storage tanks. All tanks and permanent structures shall conform to the API specifications unless other or additional specifications are approved by the Fire Department. All storage tanks shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be a minimum of three feet (3') in height and one and one-half (1 1/2) times the contents of the largest tank in accordance with the Fire Code, and buried at least one foot (1') below the surface. Drip pots shall be provided at the pump out connection to contain the liquids from the storage tank. All tanks shall be set back pursuant to the standards of the Commission and the National Fire Protection Association. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. No meters, storage tanks, separation facilities, or other aboveground facilities, other than the well head and flow lines, shall be placed in a floodway identified by FEMA on the most current FIRM. Meters, storage tanks, separation facilities, or other above ground facilities proposed in the floodplain shall be outside of the floodway and shall comply with the requirements for development in the City Code, Chapter 102: "Floods and Stormwater Management". (bb) Tank battery facilities. Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system. (cc) Surface casing. Surface casing shall be run and set in full compliance with the applicable rules and regulations of the Commission. (dd) Valves. Each well must have a shutoff valve to terminate the well's production. The Fire Department shall have access to the well site to enable it to close the shut-off the valve in an emergency. (ee) Waste disposal. Unless otherwise directed by the Commission, all tanks used for storage shall conform to the following: Operator must use portable closed steel storage tanks for storing liquid hydrocarbons. Tanks must meet the API standards. All tanks must have a vent line, flame arrester and pressure relief valve. All tanks must be enclosed by a fence applicable to the issued permit classification. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting form or connected with the drilling, re-working or deepening of any well shall be discharged into an above-ground self-contained tank, or, after authorization by the Gas Board of Appeals, a lined pit. All disposals must be in accordance with the rules of the Commission and any other appropriate local, state or federal agency. Unless otherwise directed by the Commission and approved by the Gas Inspector waste materials shall be removed from the site and transported to an off-site disposal facility not less often than every thirty (30) days. Water stored in on-site tanks shall be removed as necessary. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this chapter and any other applicable ordinance of the City. (ff) Watchperson. The operator must keep a watchman or security personnel on site during the drilling or re-working of a well when other workmen are not on the premises. (gg) Installation of pipelines on, under or across public property. The operator shall apply to the City for aright-of-way use agreement on, over, under, along or across the City streets, sidewalks, alleys and other City property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines. Operator shall: (1) Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of way. (2) Furnish to the Public Works Department a site plan showing the location of such pipelines. (3) Construct such lines out of pipe in accordance with the City Codes and regulations. (4) Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed prior to the laying of the pipeline. (hh) Public streets. No permit shall be issued for any well to be drilled within any of the streets or alleys of the City and/or projected streets or alleys shown by the current Comprehensive Plan of the City, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the Public Works Department. Any consent from the Public Works Department shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed. The site must not conflict with the City's Thoroughfare Plan. (ii) Vehicle routes for gas well permits. Vehicles associated with drilling and/or production in excess of three (3) tons shall be restricted to state arterials, and where local access is required, to those arterials, collectors or commercial routes designated on the City's thoroughfare plan. (jj) Work hours for gas well operations. Site development, other than drilling, fracturing and flow back, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to befinreen the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request an exception from the Gas Board of Appeals, pursuant to Section 104-18 of this chapter. Well servicing for maintenance shall be allowed 24 hours aday/ 7 days a week upon approval of the Gas Inspector. (kk) Noise restrictions for gas well permits. (1) During drilling, re-drilling or re-working, no on-site activity shall produce a sound level greater than seventy-eight (78) dB(a) when measured at a distance of three hundred feet (300') from the drilling equipment in question. (2) During fracturing, no on-site activity shall produce a sound level greater than eighty-five (85) dB(a) when measured at a distance of three hundred feet (300') from the drilling equipment in question. (3) During production, no on-site activity shall produce a sound level greater than sixty-five (65) dB(a) when measured at a distance of three hundred feet (300') from any onsite equipment in question. (4) Sound level measurements shall be made with a sound level meter conforming as a minimum, to the requirements of the American National Standards Institute (ANSI). (5) If sound levels exceed the dB(a) levels referenced in this subsection, the Gas Inspector may require additional sound reducing techniques and devices including, but not limited to, sound reducing mufflers. (II) Tank specifications for gas well permit. All tanks and permanent structures shall conform to the API specifications unless other specifications are approved by the Fire Department. The top of the tanks shall be no higher than twelve feet (12') above the terrain surrounding the tanks. Section 104-14. Screening (a) Throughout the entire exploration, drilling, and production process there shall be screening improvements (fences, walls, berms and landscaping) required during each phase of the process. (1) Exploration through completion (drilling phase) -Once the pad site has been prepared a temporary chain link fence with all weather screening fabric at least six feet (6') in height shall be established around the entire operation site to obscure view of the gas drilling activities. The temporary fence shall remain standing and in a serviceable condition throughout this phase. A secured entrance gate shall be required. All gates are to be kept locked when the operator or his or her employees are not within the enclosure. A "Knox Padlock" or "Knox Box with a key" shall be provided to access the well site to be used only in case of an emergency. (2) Completion through abandonment -Within 90 days of completion of initial drilling of any well on a drilling site a masonry wall with landscaping shall be required to enclose and visually screen the well and all associated equipment. Partial screening of the drilling site shall not be allowed without approval from the Gas Board of Appeals. An earthen berm may also be required. The masonry walls, berms, and landscaping shall be in compliance with standard engineering and design practices and shall meet the following minimum requirements: a. The masonry wall material and design shall be generally compatible with the design of similar facilities, buildings and structures on and/or adjacent to the site; and b. Masonry walls shall be at least eight feet (8') in height. c. Masonry walls shall be placed upon earthen berms in order to prevent viewing of the well and associated equipment from a public street, playground, competition athletic field or picnic area within a public park, existing residences and residentially zoned undeveloped property contiguous to the well site where practicable as determined by the DRC. However, the above mentioned berms shall not be required unless needed to augment the height of an eight (8') foot masonry wall in order to prevent the viewing of the well or any associated equipment from the above items. d. All landscape improvements shall be maintained in an attractive and healthy state by the applicant andlor operator as to ensure the effective visual screening of the site throughout its use for gas production and associated activities. e. Screening shrubs and trees shall be evergreen species and shall be installed in conjunction with the required masonry walls and or berms in order to supplement both the visual screening and noise mitigation of the well site and associated equipment. Screening shrubs shall be a minimum of five feet (5') in height at planting, having the potential to grow to a mature height of at least eight feet (8'), be planted on four foot (4') centers and must have an irrigation system that provides total water coverage to all plant materials. Screening trees shall be planted on twenty foot (20') centers. Trees must be a minimum of three inch (3") caliper at time of planting and be irrigated as above. All screening shrubs and trees will comply with the evergreen species listed within the General Plant List as part of the City's Landscape Regulations. Plans for landscape and irrigation shall be submitted to the Planning and Development Department for approval. (b) Gate specifications. All temporary fences and masonry walls shall be equipped with at least one (1) gate. The gate shall meet the following specifications: (1) Each gate shall be not less than twelve feet (12'} wide and be composed of two (2) gates, each of which is not less than six feet (6') wide, or one (1) sliding gate not less than twelve feet (12') wide. If two (2) gates are used, gates shall latch and lock in the center of the span; (2) The gates shall be of chain link construction, with all-weather screening fabric, that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as a chain link fence; (3) The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and (4) Operator must provide the Fire Department with a "Knox Padlock" or "Knox Box with a key" to access the well site to be used only in case of an emergency. (5) At each gate there needs to be a sign that reads "no trespassing" Section 104-15. Cleanup and Maintenance (a) Cleanup after well servicing. After the well has been completed or plugged and abandoned, the operator shall clean the drill site or operation site, complete restoration activities and repair all damage to public property caused by such operations within sixty (60) days. (b) Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the Fire Department and the Gas Inspector all waste materials from any public or private property affected by such spill, leak or malfunction. Clean-up operations must begin immediately. If the owner fails to begin site clean-up within twenty-four (24) hours, the City shall have the right to contact the Commission in order to facilitate the removal of all waste materials from the property affected by such spill, leak or malfunction. (c) Painting. All production equipment shall be painted and maintained at all times, including wellheads, pumping units, tanks, and buildings or structures. When requiring painting of such facilities, the Gas Inspector shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other neutral colors approved by the Planning and Development Department. (d) Blowouts. In the event of the loss of control of any well, operator shall immediately take all reasonable steps to regain control regardless of any other provision of this chapter and shall notify the Gas Inspector and Fire Department as soon as practicable. The Gas Inspector shall certify in writing, briefly describing the same, to the City Manager. If the City Manager, in his opinion, believes that danger to persons and property exists because of such loss of well control and that the operator is not taking or is unable to take all reasonable and necessary steps to regain control of such well, the City may then employ any well control expert or experts or other contractors or suppliers of special services, or may incur any other expenses for labor and material which the City deems necessary to regain control of such well. The City shall then have a valid lien against the interest in the well of all working interest owners to secure payment of any expenditure made by the City pursuant to such action of the Gas Inspector in gaining control of said well. Section 104-16. Plugged and Abandoned Wells. (a) Surface requirements for plugged and abandoned well. Whenever abandonment occurs pursuant to the requirements of the Commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this chapter. (b) Abandonment shall be approved by the Gas Inspector after restoration of the drill and/or operation site has been accomplished in conformity with the following requirements at the discretion of the Public Works Department: (1) The derrick and all appurtenant equipment thereto shall be removed from the site; (2) All tanks, towers, and other surface installations shall be removed from the site; (3) All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Commission; (4) If any soil was contaminated, it shall be removed from the site in accordance with City, State and Federal regulations. (5) All holes and depressions shall be filled with clean, compactable soil; (6) All waste, refuse or waste material shall be removed from the site; and (7) During abandonment, operator shall comply with all applicable sections in this chapter. (c) Abandoned well requirement. The operator shall furnish the following to the Gas Inspector: (1) A copy of the approval of the Commission confirming compliance with all abandonment proceedings under the state law; and (2) A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the dates so stated. (d) Abandonment requirements prior to new construction. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. (e) The Operator can only abandon a well if the Gas Inspector has reviewed and approved the abandonment and all appropriate Commission requirements have been met. Section 104-17. Technical Advisor The City may from time to time employ a technical advisor or advisors who are experienced and educated in the gas industry or the law as it pertains to gas matters. The function of such advisor(s) shall be to advise, counsel or represent the City on such matters relating to gas operations within the City as the City may want or require and the effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens of the City. In the event such technical advisor(s) is (are) employed for the purpose of advising, counseling or representing the City relative to an operator's unique and particular set of circumstances, case or request relating to this chapter, then the cost for such services of such technical advisor(s) shall be assessed against and paid for by such operator in addition to any fees or charges assessed pursuant to this chapter. Prior to the employment of a technical advisor, the City shall inform the operator of the intended scope of work and the estimated costs and expenses. The employment of a technical advisor shall be approved by the City Council. Article III -Appeals Section 104-18. Appeals (a) In order to hear and decide appeals of orders, decisions, or determinations made by the Gas Inspector and or the DRC relative to the application and interpretation of this chapter, there shall be and is hereby created a Gas Board of Appeals consisting of members who shall pass on matters pertaining to all gas well applications and permits. The Board shall be subject to the Texas Open Meetings Act and Public Information Act. (b) The chairpersons of the Planning and Zoning Commission, the Zoning Board of Adjustment, the Parks and Recreation Board, the Keep North Richland Hills Beautiful Commission and the Substandard Building Board shall serve as the Gas Board of Appeals. (c) The Gas Board of Appeals is authorized to decide by majority vote requests for deviations specifically authorized by this chapter, such as distance of drilling sites from certain structures and improvements, and hours of operation. The Board is likewise authorized to decide by majority vote requests for deviations from landscape and screening requirements and can hear requests for allowing compressors on specific sites within the City. Relevant considerations in determining whether such requests should be granted include the nature and remoteness of the site, the wishes of the owner(s) of the immediately adjacent property impacted by the request, and any proposed measures to offset the impact of the request. The Board may impose restrictions to offset the impact of the requests. Requests shall be in writing stating the rationale for the deviation and shall be accompanied by a filing fee of $500.00. (d) The Gas Board of Appeals shall have and exercise the authority to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a gas well permit or the revocation or suspension of any permit issued hereunder, and as provided by this chapter. Any person or entity whose application is denied by the DRC or whose permit is suspended or revoked may file an appeal to the Gas Board of Appeals. Such appeal shall be in writing, specifying the error or abuse of discretion and shall be accompanied by a filing fee of $500.00. The Gas Board of Appeals shall review the appeal and any other related information. The Gas Board of Appeals in deciding appeals regarding the issuance of a gas well permit or its revocation or suspension shall consider the grounds for the action appealed from and whether an error of fact or in interpretation of these regulations occurred. The Board may reverse or modify the action appealed from only upon the concurring vote of 75% of the members of the Board present and voting. The only basis for a reversal or modification shall be error in applying these regulations; hardship shall be irrelevant. (e) Notice shall be provided of the date, time and place of a hearing for each request for a deviation and appeal by mailing such notice to the owner of record of each parcel of property located within six hundred feet (600') of the well within the city and to the City Secretary of each city within such distance. Such notice shall be mailed at least ten (10) days prior to such hearing. (fl Judicial Review of Board Decisions on Appeals (1) Any of the following persons may present to a district court of Tarrant County Texas a verified petition stating that the decision of the Gas Board of Appeals is illegal in whole or in part and specifying the grounds of the illegality: a. the person whose appeal was denied; b. a City taxpayer; or c. the City Manager of the City of North Richland Hills, Texas. (2) The petition must be received for filing by the clerk of the district court within 10 days after the date the decision is made by the Board. (3) On the presentation of the petition meeting the foregoing requirements, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the Board the court may grant a restraining order if due cause is shown. (4) The Board's return must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The Board is not required to return the original documents on which the Board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. (5) If after receiving the return the court determines that there is substantial evidence in such return to constitute grounds for reasonable persons to differ as to whether the action of the Board in denying the appeal was lawful, the court shall affirm the decision. If the court finds that there is insufficient information contained in such return to make such a determination, and that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. (6) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs shall not be assessed against the Board. Sections 104-19 -104-30 Reserved Article IV -Gas Pipeline Installation Section 104-31. Public Right-Of-Way Use Agreement Requirements A Public Right-Of-Way Use Agreement shall be required prior to any gas pipeline construction within the City. The Public Right-Of-Way Agreement shall include, but is not limited to the following information: (a) The Companylapplicant name, phone number, fax number, physical address, and, if possible, email address; if the operator is a corporation, the state of the incorporation, and if the operator is a partnership, the names and addresses of the general partners shall be provided. (b) Detailed mapping of location and extent of proposed use within public right-of- way. (c) A traffic safety and management plan as required by the Public Works Department. (d) Bonds in the amount of the cost of work or $50,000, whichever amount is greater. Such bonds shall guarantee: (1) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor; (2) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of that contract; (3) that Company shall restore the right-of-ways affected by such cut, opening, or other excavation in a satisfactory and workmanlike manner; and (4) maintain such restoration work in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and fully comply with the City's ordinances governing excavation in the public rights-of-ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two-year period. The bonds shall name both the City and Company as dual obliges. Section 104-32. Fees and Payments to City The following fees shall be due to the City prior to any pipeline construction: (a) Application Fee -Company shall pay the City an Application Fee. This fee shall be collected at the time Company both applies for a permit to construct gas pipelines within the City and submits Gas Pipeline Construction Plans. (b) Right-of-Way Uses Fee -Company shall pay aRight-of-Way Uses Fee. This fee shall be collected on or prior to the Effective Date of the Agreement, and annually thereafter, Company shall pay the City as compensation for its use of the Public Rights-of-Ways for the Term of this Agreement a "per linear foot fee" based on the linear foot of gas pipeline proposed to be constructed within the City ("License Fee"). (c) Construction Plan Review Fee -Company shall pay a Construction Plan Review Fee. This fee shall be collected on or prior to constructing any gas pipelines within the City for Gas Pipeline Construction Plan review. (d) Inspection Fee -Company shall pay an Inspection Fee. This fee shall be collected on or prior to constructing any gas pipelines within the City for inspection of gas pipeline construction. (e) Other Payments and Interest - In addition to the License Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. Section 104-33. Regulatory Authority of the City A Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. In this connection, Company shall be subject to, governed by and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. Section 104-34. Use of Public Rights-Of-Ways The City has the right to control and regulate the use of the Public Rights-of-Ways, public places and other City-owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. (a) Pipelines shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights-of-Ways by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Public Rights-of-Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. (b) Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs or other work that requires the excavation, lane closure or other physical use of the Public Rights-of-Ways, Company shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights-of-Ways that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. (c) During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of-way adjacent to the improved portion of the road shall be restored and revegetated in accordance with Exhibit "C"which specifies the appropriate grass seed mix to be used. (d) Company shall bury or have buried its pipeline facilities at least four feet (4'} deep except underneath public roads. Underneath public roads, Company's pipeline facilities shall be at least seven feet (7') below the lowest point in such road pavement. When pipeline facilities can not be bored, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of the pipeline. (e) Isolation Valves -The number and location of isolation valves on the Pipeline shall be approved by the City and clearly indicated on the Construction Plans. (f) Marking of Pipeline -The Pipeline shall be marked, in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously Company's name, atoll-free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. (g) Pavement Cut Coordination and Additional Fees -The City shall have the right to coordinate all excavation work in the Public Rights-of-Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights-of-Ways, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Right-of-Ways within 96 months following the construction or resurfacing of such Public Right-of-Ways unless Company obtains written consent from the City Manager, which consent shall not be unreasonably withheld, pays an additional fee reasonably agreed to by and between the parties, and restores the Public Rights-of-Ways in accordance with this Agreement. (h) Restoration of Public Rights-of-Ways and Property -Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights-of-Ways, City-owned property or other privately-owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. Any private service/utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. (i) Relocation of Pipeline -Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect, alter or remove from the Public Rights-of-Ways all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Right-of-Way. (j) Emergencies (1) Work by the City - a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. (2) Work by or on Behalf of Company - In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the DRC and otherwise fully comply with the requirements of this Agreement. (b) Removal of Pipeline (1) Company obligated to Remove -Upon the revocation, termination or expiration without extension or renewal of an Agreement, Company's right to use the Public Rights-of-Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the City. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights- of-Ways (or cap the Pipeline, if consented to by the City), in accordance with applicable laws and regulations. (2) City's Right to Remove - If Company has not removed all of the Pipeline from the Public Rights-of-Ways (or capped the Pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of an Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights-of-Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. (3) Restoration of Property -Within six (6) months following revocation, termination or expiration of an Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. Section 104-35. As-Built Plans and Maps Company, at Company's sole cost and expense, shall provide the City with as-built plans of all portions of the Pipeline located in the City and the City's extraterritorial jurisdiction and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as-built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. Section 104-36. Liability and Indemnification (a) Liability of Company -Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"}, which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or (iv) Company's failure to comply with any applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the City. (b) Indemnification -Indemnification -COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CI TY,1 TS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (1) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (11) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (111) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR (V) THE NEGLIGENT ACT OR OMISSION(S) OF THE CITY, 1 TS OFFICERS AND EMPLOYEES. (c) Assumption of Risk -Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City-owned or City-controlled property, including, but not limited to, the Public Rights-of- Ways . (d) Defense of Indemnitees - If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. Section 104-37. Insurance Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights-of Ways and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows: (a) Primary Liability Insurance Coverage (1) Commercial General Liability: $5,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage (2) Property Damage Liability: $10,000 per occurrence (3) Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non-owned motor vehicles used in conjunction with the rights granted under this Agreement (4) Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident (b) Requirements and Revisions to Required Coverage -The City may, not more than once every five years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TOTHE NAMED CERTIFICATE HOLDER. (c) Underwriters and Certificates -Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. (d) Deductibles -Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. (e) No Limitation of Liability -The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in noway be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 104-38. Provision of Information (a) Filings with the Commission -Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) rules, regulations and policies requested, under consideration or approved by the Commission; and (ii) applications and any supporting pre-filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. (b) Lawsuits -Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. Sections 104-39 -104-50 Reserved Article V -Penalties, Severabilty and Effective Date Section 104-51. Penalty (a) It shall be unlawful and an offense for any person to do the following: (1) Engage in any activity not permitted by the terms of a gas well permit issued under this chapter. (2) Fail to comply with any condition set forth in a gas well permit issued under this chapter; or (3) Violate any provision or requirement set forth under this chapter. (b) Any violation of this chapter shall be punished by a fine of not more than five hundred dollars ($500.00) per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense. (c) Any violation of this chapter that governs fire safety, public health, and/or sanitation, including dumping, refuse, or discharge, shall be punished by a fine not exceeding two thousand dollars ($2,000 per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense. (d) The penalty provided herein shall be cumulative of other remedies provided by state law, including but not limited to, the recovery of civil penalties under Subchapter B, Chapter 54, of the Texas Local Government Code. The City may institute any appropriate action or proceeding in a court of competent jurisdiction to enjoin the violation of this chapter. The power of injunction may be exercised in enforcing this chapterwhether or not there has been a criminal complaint filed. Section 104-52. Severability Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 104-53. Repealer and Savings Clause Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Section 104-54. Publication Clause The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method authorized bylaw. Section 104-55. Effective Date This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of North Richland Hills, Texas, on this the th day of , 2007. 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: John Pitstick, Planning & Development Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2007-071 ~ . Date: June 11, 2007 Subject: State Legislative Update The 80t" Regular Session of the Texas Legislature ended May 28, 2007 at midnight. The unofficial total of bills filed this session was 6,198 compared to 5,484 in the previous regular session. Out of the almost 6,200 bills filed, just under 1,500 bills were passed. Despite lawmakers filing more bills than they did last regular session, almost the same percentage of legislation was passed. One of the possible reasons that many bills did not make it to the floor was due to contention in the House. Another reason could be that an early session charge stopped House committee from acting on proposals during the first 60 days of the 140 day session. As was expected, there was a lot of bill movement at the end of the session. Attached is the most recent legislative update of the 300 or so bills we've been tracking. Monday night I will highlight several bills that are of particular interest to Council. These include: • Transit Sales Tax - HB 2084 • Repeal of GRIP - SB 742 • Red Light Cameras - S6125 • Revenue Caps - HJR 53 • C DA's - H B 2772 Please do not hesitate to notify me if you have any questions on a particular bill. Respectfully Submitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Legislative Update - 6/11 /07 State Legislative Bill Tracking HB 6 Hilderbran Relating to the allocation and use of the sporting goods sales tax revenue to fund state and local parks. Companions: SB 252 (I) Position: Support Bi// History: 03-22-07 H Reported from committee as substituted House Culture, Recreation and Tourism HB 9 Crownover Relating to the elimination of smoking in all workplaces and public places. Companions: SB 368 (I) Position: Neutral Bi// History: 05-23-07 S Placed on the Senate Intent Calendar HB 36 Solomons Would create astate-level commission and a joint legislative tax review committee to comprehensively review all state and local taxes and report the results of the review to the legislature. Position: Oppose Bi// History: 04-16-07 H Notes: Not set for House Calendar HB 55 Isett Would prohibit cities from operating photo red light enforcement systems that impose civil or administrative penalties. Position: Oppose Bill History: 01-29-07 H Introduced and referred to committee on House Urban Affairs HB 61 Islett Would reduce the pruNerty tax appraisal cap from ten percent to five percent. (HJR 16) Position: Oppose Bi// History: 01/29/2007 H Referred to Local Government Ways and Means HB 65 Leibowil~ Would prohibit the use of an electronic voting machine in an election unless certain criteria met. Position: Neutral Bill History: 01-29-07 H Introduced and referred to committee on House Elections HB 81 Branch Would create a second weekend long sales tax holiday in January for clothing and footwear. Position: Oppose Bill History: 04-18-07 H Withdrawn from scheduled public hearing in House Ways and Means HB 102 ,Riddle. Would allow a county commissioners court to call acounty-wide election to reduce the property tax appraisal cap for all taxing units in the county from ten percent to some percentage between three and ten.. Position: Oppose Bill History: 01-29-07 H Introduced and referred to committee on House Local Government Ways and Means HB 133 Villas ~ peal Relating to disclosure and use of sales price information for ad valorem tax purposes. Position: Neutral Bill History: 03-07-07 H Withdrawn from schedule House Ways and Means HB 190 Calleaari Would reduce the property tax appraisal cap from ten percent to five percent. (HJR 27) Position: Oppose Bill History: 02-12-07 H Rereferred to Committee on House Local Government Ways and Means ,HB 195 Gonzalez Relating to the transfer of certain abandoned or forfeited property to Toureilles county or municipal agencies. Position: Support Bill History: 05-22-07 G Sent to the Governor HB 234 Bohac Relating to increasing the maximum amount of the local option residence homestead exemption from ad valorem taxation by a taxing unit from 20 percent to 30 percent. Companions: S B 84 (I ) Position: Neutral Bill History: 02-12-07 H Introduced and referred to committee on House Ways and Means HB 252 Mowery Relating to the authority of the governing body of a municipality to change previously adopted zoning regulations. Position: Oppose Bill History: 03-07-07 H Not heard in committee House Land and Resource Management. HB 260 Calleaari Relating to the constitutional limit on the rate of growth of appropriations and the use of surplus state revenues. Position: Oppose Bill History: 01-31-07 H Introduced and referred to committee on House Appropriations. HB 265 Anchia Relating to the registration of voters at a polling place and related procedures. Companions: SB 694 (I) Position: Neutral Bill History: 02-28-07 H Left pending in House Elections Committee. HB 291 Jackson, Jim Relating to requiring governmental entities and contractors with governmental entities to participate in the federal work authorization program.. Companions: SB 116 (I) Position: Neutral Bill History: 04-16-07 H Left pending in House State Affairs Committee. HB 345 Flvnn Would permit city depository banks to pool collateral for deposit amounts in excess of FDIC insurance. Position: Support Bill History: 05-15-07 S Referred to Senate Committee on Senate Finance HB 371 Dukes Relating to a study regarding the conversion of certain Class C misdemeanors to civil infractions. Position: Support Bill History: 05-15-07 S Meeting set for 1:30 P.M. OR ADJ., E1.016 Senate Criminal ]ustice HB 395 Burnam Relating to the possible development of a plan to re-regulate the electric market in this state. Position: Support Bill History: 02-01-07 H Introduced and referred to committee on House Regulated Industries HB 412 Eisler Relating to erecting or maintaining certain outdoor signs or advertising. Position: Support Bill History: 05-26-07 G Sent to the Governor HB 413 Eisler Relating to erecting certain signs on certain rights-of-way. Position: Support Bill History: 05-23-07 G Sent to the Governor HB 418 Burnam Would restrict trier use by peace officers to situations in which deadly force would be justified under current state law. Position: Oppose Bill History: 02-01-07 H Introduced and referred to committee on House Law Enforcement HB 438 Hochberg Relating to the limitation on the maximum percentage increase in the appraised value of a residence homestead for ad valorem taxation. (HJR 40) Position: Oppose Bill History: 05-28-07 G Sent to the Governor HB 442 Phillips Relating to taking or attempting to take a Taser or similar device from a peace officer or certain other officers. Position: Support Bill History: 05-26-07 S Senate appointed conference committee Deuell, Hinojosa, Eltife, Seliger and Lucio HB 447 Callegari Relating to contra~t~ by governmental entities for construction projects and related professional services and to public works perfot ~ ~ Dance and payment bonds. Companions: SB 356 (I) Position: Support Bill History: 05-29-07 G Sent to the Governor HB 476 Vo Relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to 10 percent. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HB 478 Vo Relating to the date of payment for retail utility services. Position: Oppose Bill History: 03-06-07 H Committee action pending House Regulated Industries HB 486 Driver Relating to the continuing education requirements for chiefs of police. Companions: SB 720 (I) Position: Support Bill History: 05-17-07 G Sent to the Governor HB 491 Burnam Relating to regulation of electric generation capacity in the electric power market. Position: Support Bill History: 02-05-07 H Introduced and referred to committee on House Regulated Industries HB 495 Bonnen Relating to the punishment for assault of emergency services personnel. Position: Support Bill History: 05-22-07 G Sent to the Governor HB 499 Castro Relating to the minimum height required for guardrails on bridges or overpasses. Position: Neutral Bill History: 03-06-07 H Committee action pending House Transportation HB 513 Farabee Relating to exempting from the sales tax taxable items for personal use by certain permanently disabled veterans. Position: Neutral Bill History: 04-04-07 H Public hearing held, left pending in House Ways and Means HB 527 Menendez Relating to requiring that a computerized voting system produce a paper record for recount or audit purposes. Position: Neutral Bill History: 02-05-07 H Introduced and referred to committee on House Elections HB 540 Martinez Fischer Relating to the creation of a hotline to report suspected incidents of impaired driving or dangerous driving. Position: Support Bill History: 02-06-07 H Introduced and referred to committee on House Law Enforcement HB 552 Turner Relating to electric market safeguards after the expiration of the price to beat. Position: Support Bill History: 03-06-07 H Not heard in committee House Regulated Industries HB 553 Turner, Relating to market power abuse in the wholesale electricity market and pricing safeguards in certain markets. Position: Support Bill History: 03-06-07 H Not heard in committee House Regulated Industries HB 55~ Noriega Relating to request for a public hearing before requiring the abatement of certain nuisances. Companions: SB 350 (I) Position: Oppose Bill History: 02-05-07 H Introduced and referred to committee on House Urban Affairs HB 560 Noy ~e.q~ Relating to the method of providing notice in the enforcement of certain municipal ordinances involving substandard buildings. Companions: SB 352 (I) Position: Neutral Bill History: 02-06-07 H Introduced and referred to committee on House Urban Affairs HB 561 Noriega Relating to notice procedures for abatement of certain nuisances. Companions: SB 351 (I) Position: Neutral Bill History: 02-05-07 H Introduced and referred to committee on House Urban Affairs H_B ,568 Gonzalez Relating to a court fee on dismissal of a charge in connection with Toureilles motor vehicle financial responsibility. Position: Support Bill History: 04-26-07 S Received in the Senate -Referred to Senate Transportation & Homeland Security HB 614 Quintanilla. Relating to requiring a standard change interval for a yellow signal at intersections at which a municipality uses a photographic traffic monitoring system to enforce compliance with atraffic-control signal. Position: Support Bill History: 05-18-07 S Left pending in Senate Transportation & Homeland Security HB 625 ,Kind Phil Relating to exemptions from the sales tax for certain energy efficient products for a limited period. Position: Oppose Bill History: 02-06-07 H Introduced and referred to committee on House Ways and Means HB 651 Hartnett Relating to the jurisdiction of the railroad commission over gas utilities in certain municipalities Position: Oppose Bill History: 02-06-07 H Introduced and referred to committee on House Energy Resources HB 658 Villas ~ eal Relating to increasing the minimum amount of the local option residence homestead exemption from ad valorem taxation by a taxing unit from $5,000 to $15,000. Position: Neutral Bill History: 02-12-07 H Introduced and referred to committee on House Ways and Means (HJR 45) HB 6~1 Swinford Relating to the acquisition of outdoor advertising by a government entity. Position: Oppose Bill History: 02-06-07 H Introduced and referred to committee on House State Affairs HB 696 ,Bohac Relating to the limitation on the maximum average annual percentage increase in the appraised value of residence homesteads for ad valorem tax purposes. (HJR 47) Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means ,HB 697 Bohac Relating to an exemption from ad valorem taxation of a portion of the appraised value of a residence homestead based on the average appraised value of all qualified residence homesteads located in the same county. (HJR 48) Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Ways and Means HB 719 Leibowitz Relating to the operation of a state highway or segment of a state highway as a toll project. Position: Oppose Bill History: 02-06-07 H Introduced and referred to committee on House Transportation HB 730 Kolkhorst Relating to the requirements for the notice of a municipality's or county's intention to issue certificates of obligation. Position: Neutral Bill History: 05-28-07 G Sent to the Governor HB 734 Chisum Relating to contingent payment clauses in certain construction contracts. Position: Support Bill History: 03-27-07 H Not heard in committee House Business and Industry HB 75~ Dutton Relating to safety measures for culverts or other similar flood or drainage systems maintained by governmental entities. Position: Neutral Bill History: 04-11-07 H Committee action pending House Urban Affairs HB 812 Dutton Relating to the remedies available to a person to abate a public nuisance in a municipality. Position: Oppose Bill History: 03-28-07 H Committee action pending House Urban Affairs HB 881 Howard, Charlie Relating to the limitation on the maximum average percentage increase in the appraised value of a residence homestead for ad valorem tax purposes. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HB 922 Truitt Relating to the power of a municipality to enforce compliance with speed limits by an automated traffic control system. Position: Oppose Bill History: 05-25-07 G Sent to the Governor HB 935 Harper-Brown Relating to market power abuse in the wholesale electricity market. Position: Support Bill History: 03-06-07 H Committee action pending House Regulated Industries HB 955 Farabee Relating to exemptions from the sales tax for certain school supplied, textbooks, books, and instruction materials. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Ways and Means HB 970 Christian Would prohibit a state agency from adopting a rule that imposes additional costs on a city as result of enforcing or administering the rule without express authorization by the legislature. Position: Support Bill History: 05-02-07 H Reported from committee as substituted House Government Reform HB 985. Ise« Relating to the power of a local authority to enforce compliance with speed limits or atraffic-control signal on a highway under its jurisdiction by an automated traffic-control system. Position: Oppose Bill History: 03-21-07 H Committee action pending House Urban Affairs HB 987 Isett Relating to notice for changes in the regulation of outdoor advertising. Position: Neutral Bill History: 04-17-07 H Committee action pending House Transportation HB 998 Coleman Relating to a moratorium on tolls by the Department of Transportation. Position: Oppose Bill History: 04-24-07 H Committee action pending House Transportation HB 1000 Burnam Relating to exemptions from the sales tax for certain energy efficient products for a limited period. Position: Oppose Bill History: 04-17-07 S Referred to Senate Finance Committee HB 1012 Riddle Relating to the enforcement of immigration laws by local governments. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House State Affairs HB 1027 Bohac Relating to exemptions from the sales tax for school supplies. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Ways and Means HB 1052 Calleaari Relating to requiring warning signs before intersections at which a municipality uses a photographic traffic monitoring system to enforce compliance with atraffic-control signal. Position: Support Bill History: 05-25-07 G Sent to the Governor HB 1110 Calleyari Relating to the use by an active peace officer of the officer's rank or status to advertise or promote certain private businesses. Position: Support Bill History: 05-17-07 S Left pending in Senate Criminal Justice HB 1189 Kind Phil Relating to competition and customer choice in the retail electric market. Companions: SB 482 (I) Position: Support Bill History: 04-04-07 H Companion bill consideration in lieu HB 1190 Kinq, Phil Relating to regulation of electric generation capacity ownership in the electric power market. Companions: SB 483 (I) Position: Support Bill History: 04-04-07 H Companion bill considered in lieu HB 1251 Bonnen Relating to municipal authority to enforce a solid waste collection and transportation services franchise. Companions: SB 594 Position: Opposed Bill History: 05-29-07 G Sent to the Governor HB 1299 S~lia.~~a Relating to governmental liability for a violation of the federal Americans with Disabilities Act. Companions: SB 447 (I) Position: Oppose Bill History: 03-26-07 H Reported from committee as substituted House Civil Practices HB 1315 Bailey Relating to the qualifications of a person in the chain of command over fire protection personnel. Companions: SB 511 (I) Position: Oppose Bill History: 04-23-07 H Recommitted to committee on House Urban Affairs HB 1460 Haq_aert~ Relating to the licensing, acquisition, and regulation of manufactured housing. Position: Oppose Bill History: 05-28-07 G Sent to the Governor HB 1491 Woolley Relating to disclosure of certain relationships with local government officers. Position: Neutral Bill History: 05-25-07 G Signed by Governor -Effective immediately HB 1497 Van Arsdale, Relating to the consequences of the failure by a person requesting information under the public information law to timely respond to certain wr Illen communications from a governmental body. Position: Support Bill History: 05-22-07 G Sent to the Governor HB 1517 Paxton Relating to the reporting of expenditures for legislative communication by local governmental entities. Position: Oppose Bill History: 05-08-07 H Recommitted to committee on House State Affairs HB 1570 Murah~r Relating to the deposit of revenue colleted from certain traffic penalties to the designated trauma facility and emergency medical services account. Companions: SB 125 (I) Position: Oppose Bill History: 03-28-07 H Committee action pending House Urban Affairs HB 1621 Goolsby Relating to a civil or administrative penalty imposed by a local authority to enforce compliance with atraffic-control signal. Position: Neutral Bill History: 03-27-07 H Committee action pending House Transportation HB 1626 Brown, Betty Relating to assessment of damages in a condemnation proceeding. Position: Neutral Bill History: 03-14-07 H Committee action pending House Land and Resource Management HB 1727 Harper-Brown Relating to the authority of certain local officials or a peace officer to inquire into the immigration status of certain persons. Position: Neutral Bill History: 02-26-07 H Introduced and referred to committee on House State Affairs HB 1749 Morrison Relating to the authority of political subdivisions to negotiate contracts for electricity. Companions: SB 787 Position: Support Bill History: 05-15-07 S Referred to Senate Committee on Senate Business and Commerce HB 1753 Corte Relating to the use by a political subdivision of public money for fees and dues of a state association or organization. Companions: S B 1944 (I ) Position: Oppose Bill History: 02-26-07 H Introduced and referred to committee on House State Affairs HB 1771 Villarreal Relating to the capital improvements that a local government may finance with an impact fee. Position: Neutral Bill History: 02-27-07 H Introduced and referred to committee on House State Affairs HB 1774 Christian Relating to the enforcement of immigration laws by local governments. Position: Neutral Bill History: 02-26-07 H Introduced and referred to committee on House State Affairs HB 1835 Orr Relating to restrictions on the imposition of permit fees by political subdivisions. Position: Oppose Bill History: 02-27-07 H Introduced and referred to committee on House Local Government Ways and Means HB 1886 Callegari Relating to the procurement methods of certain political subdivisions and certain other entities for the construction, rehabilitation, alteration or repair of certain projects. Position: Support Bill History: 05-28-07 G Sent to the Governor HB 1971 Isett Relating to the relocation and ownership of outdoor advertising. Position: Oppose Bill History: 04-12-07 H Committee Report sent to calendars HB 1994 Gonzalez Relating to the repeal of the "GRIP" Program adjustment. Toureilles Companions: SB 742 Position: Support Bill History: 04-12-07 H Left pending in committee HB 2051 Farabee Relating to the authority of a gas utility to receive an interim adju5lt~~ent for certain infrastructure projects. Position: Oppose Bill History: 04-12-07 H Left pending in committee HB 2084 Hill Relating to sales and use taxes by certain municipalities. Position: Support Bill History: 04-17-07 H Committee report sent to Calendars HB 2092 Hill Relating to the designation of an area in a municipality as a reinvestment zone under the Tax Increment Financing Act. Position: Support Bill History: 05-26-07 G Sent to the Governor HB 2281 Corte Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: SB 1455 (I) Position: Support Bill History: 05-17-07 G Sent to the Governor HB 2553 Calleaari. Relating to certain limitations on the ad valorem tax rates of certain taxing units. Position: Oppose Bill History: 03-13-07 H Introduced and referred to committee on House Local Government Ways and Means HB 2772 Kolkhorst Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: SB 1267 (I) Position: Oppose Bill History: 03-14-07 H Introduced and referred to committee on House Transportation HB 2824 Bohac Relating to the eligibility of a voter to vote in a joint election if the voter's residence has changed. Position: Oppose Bill History: 03-28-07 H Committee action pending House Elections HB 2946 Murph~r Relating to procedures for the removal of an abandoned on-premise sign by a municipality. Position: Oppose Bill History: 04-10-07 H Committee action pending House Transportation HB 2987 Hill Relating to use of a portion of the money in the Texas Mobility Fund for mass transit projects. Companions: SB 1088 (I) Position: Support Bill History: 04-03-07 H Committee action pending House Transportation HB 2988, Hill Relating to the authority of certain development corporations to spend tax revenue on certain mass transit-related facilities. Companions: SB 1089 (I) Position: Support Bill History: 05-04-07 H Companion bill considered in lieu of HB 3057. Calleaari Relating to the acquisition of real property for public use. Position: Neutral Bill History: 05-26-07 H Point of order sustained under Rule 11, Section 2, in that Senate amendment #2 regarding the University of North Texas is not germane. HB 3240 Straus Relating to building energy perfo~~~~~ance standards. Position: Neutral Bill History: 03-20-07 H Introduced and referred to committee on House Regulated Industries HB 3302 Davis, Yvonne Relating to the use of eminent domain authority for the purpose of the acquisition of real property for public use. Position: Neutral Bill History: 03-20-07 H Introduced and referred to committee on House Land and Resource Management HB 3333 Corte Relating to the designation of certain land as a reinvestment zone under the Tax Increment Financing Act. Position: Support Bill History: 04-11-07 H Committee action pending House Ways and Means HB 3411 Gattis Relating to the operation of the Residential Construction Commission. Position: Oppose Bill History: 03-20-07 H Introduced and referred to committee on House State Affairs HB 3427 Delisi Relating to highway financing. Position: Support Bill History: 04-17-07 H Companion bill considered in lieu of HB 3498 Keffer Relating to energy aggregation by political subdivisions. Position: Support Bill History: 05-10-07 H Set on the House Calendar HB 3506 Martinez Fischer Relating to competitive bidding threshold amount for a city. Position: Support Bill History: 04-18-07 H Committee report sent to Calendars HB 3534 Islett Relating to property tax rollback rate for cities. Position: Oppose Bill History: 04-25-07 H Left pending in Ways and Means HB 3604 Kuempel Relating to the notice of the project given with the filing of certain permit applications with local regulatory agencies. Position: Oppose Bill History: 03-21-07 H Referred to Land Resource Management HB 3620 Raymond Relating to revenue collected from certain traffic penalties by municipalities. Position: Oppose Bill History: 04-11-07 H Left pending in committee HB 3693 Straus Relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures. Position: Neutral Bill History: 05-30-07 H Sent to Governor HB 3698 ,McCall Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims. Position: Support Bill History: 05-17-07 G Left pending in Senate Intergovernmental Relations committee HB 3710 Krusee Relating to outdoor advertising on certain toll roads. Position: Oppose Bill History: 04-27-07 H Committee report sent to Calendars HB 3768 ,Krusee, Relating to the method of providing notice for certain municipal zoning changes. Position: Oppose Bill History: 05-07-07 S Left pending in Senate Intergovernmental Relations committee HB 3931 Homer Relating to unfunded legislative mandates on local governments. Position: Support Bill History: 03-22-07 H Referred to Government Reform HB 3946, Herrero Relating to an automatic extension of the sales tax holiday on clothing and footwear in certain fiscal years. Position: Oppose Bill History: 04-25-07 H Left pending in Ways & Means HB 3957 Castro Relating to extending the termination of a reinvestment zone created under the Tax Increment Financing Act. Position: Support Bill History: 04-25-07 H Left pending in Ways & Means HJR 11 Cone Relating to limiting the public taking of private property. Position: Neutral Bill History: 02-21-07 H Committee action pending House Land and Resource Management HJR 16 Leibowitz Relating to authorizing the legislature to limit the maximum average annual increase in the appraised value of a residence homestead for ad valorem tax purposed to five percent or more. Position: Oppose Bill History: 01-29-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 21 Riddle Relating to authorizing the legislature to provide for a local option election in a county to set the limit on maximum annual increases in appraised value of residence homesteads. Position: Oppose Bill History: 01-29-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 27 Riddle Relating to authorizing the legislature to set a lower limit on the maximum average annual percentage increase in the appraised value of a residence homestead for ad valorem tax purposes. Position: Oppose Bill History: 02-12-07 H Re-referred to committee on House Local Government Ways and Means HJR 34 Calle~ari Relating to the limitation on the rate of growth of state appropriations and the use of unencumbered surplus state revenues to finance a state sales tax holiday. Position: Oppose Bill History: 01-31-07 H Introduced and referred to committee on House Appropriations HJR 38 Leibowitz Relating to the dedication of the revenue received from the sporting goods sales tax. Position: Support Bill History: 02-26-07 H Introduced and referred to committee on House Culture, Recreation and Tourism HJR 40 Hochberb Relating to limitations on the maximum percentage increase in the appraised value of a residence homestead for ad valorem taxation established by the legislature. Position: Oppose Bill History: 05-29-07 H Filed with the Secretary of State HJR 41 Vo Relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to 10 percent or more. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 47 Bohac Relating to a limit on the annual increase of the appraised value of residence homesteads. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 48 Bohac Relating to providing for an exemption from ad valorem taxation of a portion of the assessed value of a residence homestead based on the average assessed value of all qualified residence homesteads that are located in the same county. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 52 Howard, Charlie Related to proposing a constitutional amendment to authorize the legislature to limit the maximum average annual increase in the appraised value of a residence homestead for ad valorem tax purposes to 3% or more. Position: Oppose Bill History: 02-12-07 H Introduced and referred to committee on House Local Government Ways and Means HJR 53 Paxton Relating to a constitutional amendment regarding limitations on taxation and expenditures by the state government and local governments. Position: Oppose Bill History: 04-18-07 H Left pending in sub-committee HJR 71 Hilderbran Proposing a constitutional amendment relating to the allocation and use of the sporting goods sales tax revenue to fund state and local parks. Position: Support Bill History: 04-21-07 H Committee report sent to Calendars HJR 84 Van Arsdale Relating to authorizing the legislature to permit an owner of real property to require that ad valorem taxes be imposed on the property on the basis of a five-year average taxable value. Position: Oppose Bill History: 03-13-07 H Introduced and referred to committee on House Ways and Means HJR 86 Eiland Relating to increasing the minimum amount of the local option residence homestead exemption from ad valorem taxation by a political subdivision from $5,000 to $30,000. Position: Oppose Bill History: 03-13-07 H Introduced and referred to committee on House Ways and Means HJR 94 Hill Relating to providing for use of a portion of the money in the Texas Mobility Fund for mass transit projects. Position: Support Bill History: 04-03-07 H Left pending in committee SB 106 Ellis Relating to the exemption from the sales tax for clothing and footwear. Position: Oppose Bill History: 01-29-07 H Referred to Ways and Means SB 111 Carona Relating to removal or reconstruction of certain outdoor advertising. Position: Oppose Bill History: 05-15-07 H Committee report sent to House Calendars SB 116 Carona Relating to requiring governmental entities and contractors with governmental entities to participate in the federal work authorization program. Companions: HB 291 (I) Position: Neutral Bill History: 01-29-07 S Introduced and referred to committee on Senate Transportation & Homeland Security SB 125 Carona, Relating to the deposit of revenue collected from certain traffic penalties in the designated trauma facility and emergency medical services account. Companions: HB 1570 (I) Position: Oppose Bill History: 05-22-07 H Set on House Calendars SB 150 Shapleiah Relating to a prohibition on certain law enforcement profiling based on a person's immigration or nationality status. Position: Neutral Bill History: 01-29-07 S Introduced and referred to committee on Senate Criminal Justice SB 195 Jackson, Mike Relating to the powers of a county, municipality, or local entity with respect to the regulation of traffic on highways under its jurisdiction. Position: Oppose Bill History: 02-21-07 S Left pending in committee SB 257 Carona, Relating to limitations on the combined rates of transit and other local sales and use taxes. Position: Support Bill History: 05-03-07 S Left pending in committee SB 347 Patrick, Dan Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem taxation. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance 348 Patrick, Dan Relating to the establishment of a 10 percent limit on annual increases in the appraised value for ad valorem tax purposes of certain real property, other than residence homesteads. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance SB 376 Shapleigh, Relating to exemptions from the sales tax. Position: Oppose Bill History: 04-30-07 S Committee action pending Senate Finance SB 391 Heger Relating to the limit on the maximum percentage increase in the appraised value of a residence homestead for ad valorem tax purposes. Position: Oppose Bill History: 05-07-07 S Committee action pending Senate Finance SB 482 Fraser Relating to competition and customer choice in the retail electric market. Companions: H B 1189 (I ) Position: Support Bill History: 05-28-07 H Point of order sustained in that the conference committee did not have authority to reconvene and reissue a new conference report. SB 483 Fraser Relating to the regulation of electric generation capacity ownership in the electric power market. Companions: HB 1190 (I) Position: Support Bill History: 05-02-07 H House appointed conference committee -King of Parker- Chair, Todd Smith, Christian, Swinford and Pena SB 490 Ellis, Rodney Relating to exemptions from the sales tax for certain energy efficient products. Position: Oppose Bill History: 04-30-07 S Committee action pending Senate Finance SB 575 Nichols Relating to limitations on increases in the appraised value of a residence homestead for ad valorem taxation. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance SB 594 Wentworth. Relating to municipal authority to enforce a solid waste collection and t~dnsportation services franchise. Companions: HB 1251 Position: Oppose Bill History: 04-13-07 H Referred to Environmental Regulation SB 666 Carona Relating to an exemption from ad valorem taxation of the residence homesteads of certain totally disabled veterans. Position: Neutral Bill History: 05-22-07 H Set on the House Calendar SB 742 Eltife, Relating to the authority of a gas utility to receive an interim adjustment for certain infra~i.ructure projects. Companions: HB 1994 (I) Position: Support Bill History: 05-04-07 H Reported favorably from committee on House Energy Resources SB 786 Wentworth Relating to the mitigation of the impact of residential development in public school districts. Position: Neutral Bill History: 04-30-07 H Referred to House Committee on House Land and Resource Management SB 787 Heaar Relating to the authority of political subdivisions to negotiate contracts for electricity. Position: Support Bill History: 03-06-07 S Introduced and referred to committee on Senate Business and Commerce SB 939 West Relating to the authority of a municipality to implement a photographic traffic signal enforcement system. Position: Oppose Bill History: 03-07-07 S Introduced and referred to committee on Senate Transportation & Homeland Security SB 1088 Shapiro Relating to the use of the money in the Texas Mobility Fund for mass transit projects. Companions: HB 2987 (I) Position: Support Bill History: 03-14-07 S Introduced and referred to committee on Senate Transportation & Homeland Security SB 1089 Shapiro Relating to the authority of certain development corporations to spend tax revenue on certain mass transit-related facilities. Companions: HB 2988 (I) Position: Support Bill History: 05-17-07 G Signed by Governor -Effective immediately SB 1119 Carona, Relating to the authority of a local authority to implement a photographic traffic signal enforcement system. Position: Oppose Bill History: 05-29-07 G Sent to the Governor SB 1228 Gallegos Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims. Position: Support Bill History: 05-16-07 S Left pending in sub-committee SB 1267 Nichols Relating to a moratorium on the inclusion of cep lain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee. Companions: HB 2772 (I) Position: Oppose Bill History: 05-01-07 H Reported favorably from committee on House Transportation SB 1320 Harris Relating to the licensing, acquisition, regulation, and taxation of manufactured housing; providing administ~ dive and criminal penalties. Position: Neutral Bill History: 03-19-07 S Referred to business and commerce SB 1401 Lucio Relating to energy aggregation by political subdivisions. Companions: HB 3498 (I) Position: Support Bill History: 03-20-07 S Introduced and referred to committee on Senate Business and Commerce SB 1455 UreS~i Relating to administrative approval of replal5 involving minor plat revisions. Companions: HB 2281 (I) Position: Support Bill History: 03-20-07 S Referred to Governmental Relations SB 1589 Shapleigh Relating to municipal and county authority to enforce a solid waste collection and transportation services franchise. Position: Support Bill History: 05-16-07 H Left pending in House County Affairs committee SB 1765 Watson Relating to the authority of a municipality to enter into contracts without competitive bidding; making conforming changes. Companions: HB 3506 (I) Position: Support Bill History: 05-22-07 G Sent to Governor SB 1809 Brimer Relating to the implementation of a project plan or financing plan for a reinvestment zone under the Tax Increment Financing Act and the granting of exemptions from ad valorem taxes imposed on real property in a reinvestment zone under that Act. Position: Support Bill History: 05-18-07 H Committee report sent to House Calendars SB 1838 Averitt Relating to equipment used for irrigation systems. Position: Oppose Bill History: 04-11-07 S Pending in sub-committee SB 1918 Watson Relating to a phase-in of the ad valorem taxes imposed by certain taxing units on the increase in market value of the residence homestead of slow-income or moderate-income person attributable to a new improvement to the homestead. Position: Oppose Bill History: 03-22-07 S Referred to Finance SB 1944 Patrick Relating to the use by a political subdivision of public money for fees and dues of a state association or organization. Companions: HB 1753 (I) Position: Oppose Bill History: 03-22-07 S Referred to State Affairs SJR 10 Janek Relating to establishing for purposes of ad valorem taxation a limit on the maximum average annual percentage increase in the appraised value of residence homesteads. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance SJR 14 Patrick, Dan Relating to limiting the maximum average annual increase in the appraised value of a residence homestead for ad valorem tax purposes to three percent or more. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance SJR 15 Patrick, Dan, Relating to establishing a 10 percent limit on the annual increases in the appraised value for ad valorem tax purposes. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance 5~R 16 Ellis, Rodney Relating to dedication of the revenue received from the sporting goods sales tax. Position: Support Bill History: 02-21-07 S Introduced and referred to committee on Senate Finance SJR 17 Heber Proposing a constitutional amendment providing that a limit on the maximum percentage increase in the appraised value of a residence homestead for ad valorem tax purposes established by the legislature applies regardless of the number of years since the most recent tax appraisal. Position: Oppose Bill History: 05-18-07 S Removed from Senate Intent Calendar S~~ Nichols Relating to limiting the maximum average increase in the appraised value of residence homesteads for ad valorem tax purposes to five percent or less and to permit the voters to establish a higher limitation not to exceed 10%. Position: Oppose Bill History: 04-23-07 S Committee action pending Senate Finance CI TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. A.4 Subject: Adjournment 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, June 11, 2007 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s) and Recognition(s): IR 2007-070 Teen Court Scholarship Presentation -presented by Councilman Whitson A.4 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. A.5 Removal of Item(s) from Consent Agenda B.0 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 Mav 29, 2007 City Council Meeting B.2 FP 2007-06 Consideration of a Request from Maria Sales to Approve a Final Plat of Lot 1, Block 20, Briarwood Estates Addition; 6941 Smithfield Road B.3 PU 2007-028 Award Bid No. 07-1379 Library Reader Furniture for the New Library to Jasper Library Furniture in the amount of $58,156.00. B.4 PU 2007-029 Award Bid No. 07-1387 Annual Contract for Utility Materials to Eagle Underground Utility, Atlas Utility Supply and Techline Pipe. B.5 PU 2007-030 Award Bid No. 07-1390 Annual Contract for Traffic Materials to Vulcan Inc., Centerline Supply and Roadrunner Traffic Supply. B.6 GN 2007-050 Approve Agreement for Mineral Lease of 1.879 acres of the Bradford Survey -Resolution No. 2007-036 C.0 PUBLIC HEARINGS C.1 ZC 2006-23 Public Hearing and Consideration of a Request from Cary Clarke Homes to Approve a Zoning Change from "AG" Agricultural to "RI-PD" Residential Infill -Planned Development (Located in the 9200 Block of Amundson Road - 4.339 acres) -Ordinance No. 2937 C.2 ZC 2007-01 Public Hearing and Consideration of a Request from Clifford Land Company to Approve a Zoning Change from "AG" Agricultural and "I-1" Industrial to "RI-PD" Residential Infill-Planned Development (Located in the 8800 Block of Mid-Cities Boulevard - 7.685 acres) -Ordinance No. 2938 C.3 SUP 2006-08 Public Hearing and Consideration of a Request from E.J. Gutierrez, P.E. representing JEA/HydroTech Engineering to Approve a Special Use Permit for an automated car wash (Located at 8409 Bedford-Euless Road) -Ordinance No. 2939 C.4 ZC 2007-07 Public Hearing and Consideration of a Request from Terry Fredeking to Approve a Zoning Change from "AG" Agricultural to "R-1" Residential (Located in the 8300 Block of Cardinal Lane) -Ordinance No. 2940 C.5 ZC 2007-08 Public Hearing and Consideration of a Request from Mark Comis and B.J. Reaves of Royal Building Corporation to Approve a Zoning Change from "AG" Agricultural to "R-1" Residential (Located at 8700 Amundson Drive) -Ordinance No. 2941 D.0 PLANNING AND DEVELOPMENT Itemsto follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2007-013 Consider Appeal of Rough Proportionality Determination for the Liberty Station Development F.0 GENERAL ITEMS F.1 PU 2007-027 Award Bid No. 07-1376 for Library Stack Shelving, Canopies and End Panels for the New Public Library to Library Design Services in the amount of $143,428.80. F.2 INFORMATION AND REPORTS -Councilman Lewis F.3 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. A.1 Subject: Invocation -Councilman Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. A.2 Subject: Pledge -Councilman Sapp INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-070 Date: June 11, 2007 1. k ~ Subject: Teen Court Scholarship Presentation The North Richland Hills Teen Court was established in 1989 as an alternative means for teens to satisfy court fines by working community service hours. The program utilizes about 13 adult volunteers and 15 teen volunteers. The Teen Court Scholarship program was implemented in 1999 to show appreciation to teens volunteering their time with the North Richland Hills Teen Court. Scholarship selection is based on years of service in Teen Court, program attendance, residency, professionalism, and a 500-750 word essay. Each scholarship recipient has been awarded a $1,000 scholarship to the chosen technical school, college, or university of their choice. Debbie Durko, Municipal Court Administrator along with a Teen Court Advisory Board member is here to present the 2006/2007 Teen Court Scholarships to the following students: Adrienne Horklev has been a Teen Court Volunteer Attorney since May 2003 and has provided over 200 community service hours through the program. Adrienne is a Nolan Catholic School graduate and plans to attend Fordham University in New York majoring in Political Science. Gerard McTique has been a Teen Court Volunteer Attorney since May 2003 and has provided over 250 community service hours through the Teen Court program. He is a Nolan Catholic School graduate and plans to attend Syracuse University in New York majoring in Political Science. The Teen Court Advisory Board thanks the City Council for their continued support of this valuable program. Respectfully Submitted, Deborah Durko Court Administrator CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: 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: 6-11-2007 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. B.0 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 Council Meeting Date: 6-11-2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of May 29, 2007 City Council Meeting Recommendation: To approve the minutes of the May 29, 2007 City Council meeting. 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 -MAY 29, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 29t" day of May, 2007 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor John Lewis Mayor Pro Tem, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jim Starr Interim Assistant City Manager Karen Bostic Managing Director Administrative/Fiscal Services Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Edwards Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Andy Jones Fire Chief Jimmy Perdue Police Chief Kyle Spooner Information Services Director Thomas Powell Support Services Director Vickie Loftice Parks and Recreation Director Steve Brown Library Director Chris Amarante Construction Manager Eric Wilhite Chief Planner Jamie Brockway Purchasing Manager Absent: Ogden Bo Bass Assistant City Manager Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting Mayor Trevino explained the two handouts on the table. One addressed the correction made to the City Council Minutes of May 15t" to reflect the name of Jimmy Perdue, Chief of Police as Acting City Manager. The second was a request from Councilman Welch to include the contract for Agenda Item F.2 (GN 2007-047 Authorize the City Manager to Execute a Professional Services Contract with Graham Associates., Inc. in the amount of $113,450 for Professional Engineering Services for the Liberty Park Lake Project -Resolution No. 2007-043). A.2 IR 2007-065 Amend Emergency Medical Services Billing and Collection Contract to Southwest General Services, Inc. (Agenda Item No. F.4) Andy Jones, Fire Chief, presented the item. Southwest General Services, Inc. ("SGS") has provided ambulance billing and collection services for the City of North Richland Hills since 1999. The existing contract is an initial three year agreement ending September 30, 2007 with two optional one-year extensions. North Richland Hills EMS has been working with the Medusa Software for several months. There are numerous deficiencies with the software which negatively impact the ability of the EMS units to effectively gather patient data in a timely and efficient manner. SGS has proposed a different software solution to meet EMS needs. The new software known as "RescueMedic" (RM) was presented to the Fire Department two months ago to "Beta" test. EMS has been testing the proposed software for over a month with no problems. The proposed RescueMedic software is a great improvement over Medusa. In order to take advantage of the benefits of the RM system, an amendment to the Emergency Medical Billing and Collection contract is required. The proposed amendment includes an expiration date of September 30, 2009. The new fee will be 8% of collections versus the 9% originally agreed upon in the existing contract. After brief discussion and questions by the Council, the consensus was for Staff to proceed with the amendment. A.3 IR 2007-068 Request to provide cornerstone at new Library Steve Brown, Library Director, presented the item. The North Richland Hills Library Board received a request from members of the Masonic Grand Lodge of Texas that the Lodge be permitted to place a cornerstone on the new North Richland Hills Public Library facility currently under construction. During their regular meeting on May 17, 2007, the Library Board heard a presentation by members of the Grand Lodge, explaining their request. Nevertheless, the members of the board who were present voted unanimously to recommend against the placement of a cornerstone. The consensus of the board members was that they felt it important that the new library should belong to all of the residents of the city, and that it always be seen as a neutral place. The Board expressed the concern that the placement of a cornerstone by the Masons might appear to some in the community as if the Masons had in some way laid a special claim to a public facility, and that others may feel less welcome as a result. Billy Campbell, 225 Baker Drive in Hurst, Secretary to Mason Lodge #455 which made the original request, came forward. He explained the history of the cornerstone and clarified the concerns the library board had. Kay Schmidt, Chairman of the Library Board, came forward to explain the board concerns and the decision not to accede to the request from the Grand Lodge of Texas. After brief discussion and questions by the Council, the consensus was to support the Library Boards decision not to allow the cornerstone. A.4 IR 2007-067 Demonstration of the Upgraded Tiburon Public Safety System Jimmy Perdue, Chief of Police, updated the Council. In the 2004/2005 Capital Projects Budget, Council approved funds to upgrade the Tiburon Public Safety System. This system is the primary means for the Police and Fire Department's automated dispatch and records management. Over the past year, Information Services, Police and Fire staff have worked in conjunction with Tiburon to complete the complex system upgrade. Staff gave a brief demonstration of the systems functionality and overview of the equipment enhancements made in both the dispatch center and Police vehicles. There were no questions from the Council. B.1 Executive Session -The Council may enter into closed Executive Session pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to Executive Session pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property. C.1 Adjournment Mayor Trevino announced at 6:55 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order May 29, 2007 at 7:03 p.m. ROLL CALL Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David vUhitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Larry J. Cunningham City Manager Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney Absent: Ogden Bo Bass Assistant City Manager A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Ms. Kathy Luppy, Keep North Richland Hills Beautiful Commission Member and Councilman Welch recognized the following yard of the month recipients for May: Joe & Rene Chauncey, 6209 Windsor Court, John & Adrienne Cornelson, 6709 Georgia Ave. Catherine McDuff, 5021 Skylark Ct., Dorothy Scheffe, 5133 Laurel Lane, Tony Railey, 8612 Bridge St., Ken Potts, 6940 Briardale, Gary Watson, 7025 Herman Jared Dr., Matthew & Kristine Schaar, David Duong, 8612 Foxwood. Chili's, 8485 Davis Blvd, Scott Frederick was recognized as the May Business Landscape Winner A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle Drive, stated this was her 29th citizen presentations and commented on the Emerald Lakes drainage easement. Mr. Alonzo Watkins, 7936 Kendra Lane, expressed his concerns on a dog barking citation he received. Mayor Trevino asked Jim Starr, Interim Assistant City Manager and Police Chief, Jimmy Perdue to help Mr. Watkins with his situation. A.5 GN 2007-049 ELECTION OF MAYOR PRO TEM As provided by the Charter it is required that the Mayor Pro Tem be selected. COUNCILMAN LEWIS NOMINATED COUNCILWOMAN COMPTON AS MAYOR PRO TEM. COUNCILMAN WHITSON SECONDED THE NOMINATION. NOMINATION TO ELECT COUNCILWOMAN COMPTON AS MAYOR PRO TEM CARRIED 7-O. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 14, 2007 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF MAY 15, 2007 SPECIAL CITYCOUNCIL MEETING B.3 PU 2007-023 AWARD BID FOR THE 2007 HVAC REPLACEMENT PROJECT TO COMFORT TECH IN THE AMOUNT OF $170,975 B.4 PW 2007-012 APPROVE ABANDONING A PORTION OF A DRAINAGE EASEMENT LOCATED IN THE LA FONTAINE ADDITION, BLOCK 1 -ORDINANCE N0.2936 B.5 PU 2007-025 AUTHORIZATION TO REJECT PROPOSALS FOR THE VIDEO RECORDING, EDITING AND PUBLISHING AUTOMATED VOTING, MINUTES, ATTENDANCE SYSTEM AND VIDEO STREAMING SERVICES B.6 PU 2007-026 AWARD BID OF ANNUAL CONTRACT FOR UNIFORM CLEANING SERVICES TO DRY CLEAN SUPER CENTER LOCATED ON RUFE SNOW COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC HEARINGS C.1 LRB 2007-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM WASHINGTON MUTUAL BANK FOR APPROVAL OF LANDSCAPE VARIANCE (LOCATED AT 6250 RUFE SNOW DRIVE). APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Kori Haug, with La Terra Studio, 2109 Commerce Street, came forward. She explained that they were requesting a variance for a landscape buffer to be 10 feet on both streets instead of 15 feet. Reasoning for the variance is to add an additional fourth drive-through lane at the bank preventing cars from blocking Rufe Snow Drive. The variance will also provide additional parking for customers. They would also be providing more landscaping on the property than required. She was available to answer any questions Council may have. Eric Wilhite, Chief Planner, presented the item. The applicant, Washington Mutual Bank, is in the process of site plan approval development for a single story 3,538 square foot financial institution with proposed four drive-through lanes. The site is located at the southeast corner of Rufe Snow Drive and Mid-Cities Boulevard at the location of the existing Burger King. Washington Mutual has purchased the site with plans to demolish the existing structure and remove other site improvements including the concrete retaining wall at the intersection of Rufe Snow and Mid-Cities and the obsolete pole sign. The retaining wall that will be removed was constructed during the widening of Rufe Snow Drive so that the drive-through lane could remain open at the existing Burger King. Since the landscaping improvements being proposed by Washington Mutual at this location will make a significant improvement in how the intersection looks, staff is recommending that Washington Mutual be allowed to use the landscaping as well as making the intersection and property more usable as a "trade off' for the public improvements (retaining wall) that they will be removing. In lieu of Washington Mutual reimbursing the city for the costs of the retaining wall, the city will accept the proposed landscaping, removal of the abandoned sign, and their other improvements as a reasonable trade. Chapter 114 Vegetation, Section 114-71 (g) of the City of North Richland Hills Building and Land Use Regulations requires a minimum fifteen foot landscape setback adjacent to all public street rights-of-way. This variance is requesting a reduction to the required 15 feet landscape setback by 5 feet making the landscape setback on Ruff Snow Drive, and Mid-Cities Boulevard 10 feet total. Staff recommends approval. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE LRB 2007-01. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. D.0 PLANNING & DEVELOPMENT There were no items for this category. E.0 PUBLIC WORKS There were no items for this category. GENERAL ITEMS F.1 GN 2007-048 CONSIDER APPROVAL OF THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2007 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY -RESOLUTION N0.2007-045 APPROVED Elizabeth Reining, Assistant to the City Manager, presented the item. The Tarrant County Housing Finance Corporation is requesting the City of North Richland Hills approve a resolution allowing the Corporation to provide below market interest rate loans benefiting first-time qualifying home buyers in North Richland Hills. This program through the Texas Housing Finance Corporation will provide Fannie Mae, FHA and VA loans to first time homebuyers and homebuyers who have not owned a home in the past three years. The Tarrant County Housing Finance Corporation will administer the program. The City has no liability. In order for North Richland Hills residents to participate, City Council must pass a resolution approving the application of the Texas Housing Finance Corporation Act to the property located within the City of North Richland Hills boundaries. MAYOR PRO TEM COMPTON MOVED TO APPROVE RESOLUTION N0.2007-045. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2007-047 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH GRAHAM ASSOCIATES., INC. IN THE AMOUNT OF $113,450 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE LIBERTY PARK LAKE PROJECT -RESOLUTION N0.2007-043 APPROVED Vickie Loftice, Director of Parks and Recreation, presented the item. The approved Capital Improvement Program includes funding for services of a Texas Registered Professional Engineer for the permit administration and design related to the creation of a lake or other water feature in Liberty Park, adjacent to and within Calloway Branch. Request for Qualifications (RFQ) were sought for services to include all necessary permit administration, master planning and preparation of construction documents related to the project. The requests were sent out to various engineering firms that specialize in this work. After a thorough evaluation, a decision was made to negotiate a contract with Graham Associates, Inc. Jeff Williams, Graham and Associates, 600 Six Flags Drive in Arlington, came forward. He explained some of the steps they propose to go through on the design of the project. He was available to answer any questions Council might have. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2007-047. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.3 PU 2007-021 AMEND AGREEMENT FOR MINERAL LEASES OF FOSSIL CREEK PARK AND LINDA SPURLOCK PARK TO INCLUDE AN ADDITIONAL 10.5 ACRES- RESOLUTION N0.2007-041 APPROVED Elizabeth Reining, Assistant to the City Manager, presented the item. In February 2006, the City advertised a mineral lease bid for Fossil Creek and Linda Spurlock Park for a total of 58.4 acres. The City received two bids and chose FSOC Gas Company. The lease term was for two years and included provisions to protect the City's interests. FSOC Gas Company has since been bought out by Chesapeake Exploration. Chesapeake Exploration has approached the City to amend the lease to include an additional 10.5 acres at Fossil Creek Park. It was discovered after the lease was signed that the City owned additional property at the park site. The terms of the amended lease are identical to the original lease. The City will receive $3,000 per acre or $31,500 total as a signing bonus for the additional acreage and 25% royalty from anything that is extracted from the site. COUNCILMAN WHITSON MOVED TO APPROVE PU 2007-021, RESOLUTION N0. 2007-041. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED l-O. F.4 PU 2007-018 AMEND EMERGENCY MEDICAL SERVICES BILLING AND COLLECTION CONTRACT TO SOUTHWEST GENERAL SERVICES, INC. -RESOLUTION N0.2007-038 APPROVED Andy Jones, Fire Chief, presented the item. Southwest General Services, Inc. ("SGS") has provided ambulance billing and collection services for the City of North Richland Hills since 1999. The existing contract is an initial three year agreement ending September 30, 2007 with two optional one-year extensions. North Richland Hills EMS has been working with the Medusa Software for several months. There are numerous deficiencies with the software which negatively impact the ability of the EMS units to effectively gather patient data in a timely and efficient manner. SGS has proposed a different software solution to meet EMS needs. The new software known as "RescueMedic" (RM) was presented to the Fire Department two months ago to "Beta" test. EMS has been testing the proposed software for over a month with no problems. The proposed RescueMedic software is a great improvement over Medusa. In order to take advantage of the benefits of the RM system, an amendment to the Emergency Medical Billing and Collection contract is required. The proposed amendment includes an expiration date of September 30, 2009. The new fee will be 8% of collections versus the 9% originally agreed upon in the existing contract. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION N0. 2007-038. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.5 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. F.6 INFORMATION AND REPORTS IR 2007-069 WELLNESS PROGRAM UPDATE -WEIGHT WATCHERS AT WORK PROGRAM Margaret Ragus, Health & Wellness Coordinator, updated the Council. To assist employees and family members with various work/life issues, the City has implemented several successful wellness initiatives which include Health Check 2007, Active for Life Wellness Competition, Annual EmployeelRetiree Health Fair and most recently, the completion of the latest Weight Watchers at Work Program. F.7 INFORMATION AND REPORTS Councilman Barth made the following announcements. Join us at Kay Granger Park on Friday, June 1st, for a FREE night of family fun. There will be games starting at 7 p.m. and we will watch the movie "Over the Hedge" from the lawn after the sun goes down. Parking is limited. Residents are encouraged to walk or ride their bikes to the park. Kay Granger Park is located at Mullendore Elementary School. For more information, please call 817-427-6600. A self defense class will be held at 10 a.m. on June 8th at the Dan Echols Senior Center. For more information, please call 817-281-9267. Residents can get rid of household hazardous waste including paint, oil, pesticides and other household chemicals from 9 to 11 a.m. on Saturday, June 9th, at Tarrant County College NE Campus, 828 Harwood Road (by the tennis courts). Proof of residency is required. Storage capacity may limit participation to the first 75 households. For more details, please call 817- 427-6651. Kudos Korner -Officer Debra Taylor-Smith, Police Department - A resident sent a note of thanks to Officer Taylor-Smith for teaching children about the hazards of drugs. The resident's grandson and a friend had been approached in a park and ask if they wanted to smoke. The children said "no." When arriving home they told what had happened and proudly announced that Officer Taylor-Smith taught them to say no. The resident was thankful that the North Richland Hills Police Department takes the time to educate children on this important subject. F.8 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:47 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. B.2 Subject: FP 2007-06 Consideration of a Request from Maria Sales to Approve a Final Plat of Lot 1, Block 20, Briarwood Estates Addition; 6941 Smithfield Road Case Summary: The applicant, Maria Sales, represented by Xavier Chapa Engineering is proposing to final plat this 0.98 acre tract for development of a single family residence. The existing structures on the site will be removed. A preliminary plat was approved on May 3, 2007. Current Zoning: "R-2" (single-family residential) Thoroughfare Plan: The site has frontage on Smithfield Road, a 4-lane, undivided, major collector street (C4U) with 68 feet ROW. Right-of-way is being dedicated by this plat for Smithfield Road. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is consistent with the plan. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that this subdivision will be responsible for improvement cost for the construction of a four foot sidewalk within the Smithfield Road right-of- waywhen construction of the residence occurs. Planning and Zoning Commission Recommendation: Approval of final plat request by 7-0 vote. Staff Recommendation: Approval of final plat request. Review Schedule: Application: 3/26/07 Final Hearing: 6111107 Total Review Time: 11 weeks Location Map i Naneman St a_ ya m- '~I r _ urner~r ~ ~ o~~~~ s~- _ N ~ ICI FP 2007-06 Final Plat Briarwood Estates Addition, Block 20, Lat 1 6900 Block of Smithfield Rd. 1 Feet Prepared by r'la~~~~h°~~ 3/fi/47 a Boa 20o apo soo soo . . ina a x i i o1?xar~s` ~c~Fral?r,~nr.~xrxr alvn ~aivc,Irmx STATE OF TE}1iti5 cDUNrr c>F rARRANr CURVE TABLE 14iHEREAS, JOSE h. SATES ANI1 MARIA E. SSRRMlC SALES. AEING ik#E f1gMERS CF JI FACT OF ~ a d ~ LA1+E} IN THE JOHN C. IdCC41AA5 SURVEY, AHSTRACT N0. 1440, TARRANT OOUwTY, FEI(AS, ~ SITE L=7$.3T4' - - CCt4VfYEd 6Y DEED RECORdIrp IN COUNTY CLERK°~ FILE N~ 02C5f11Q54, dEEO RECi}RfIS T+J Ci R~1784A0' TARRAMT C+JUNrY, TEICAS, AN[~ HEIhIG MORE PARTI4ULARLY 4ESGRI9Ed AS FOLL4W3: x Cr7= 502'42'53"E 7g_29 { Di ~m 1 ~ ~ ~ ®EGINNING RT A 1 j2 INCH IRON RC10 FOUND AT THE NORTHEAST OORNER OF LOT 2D" BLOCK - Frd1NlF1. gCF1. ~ Ind - ~u h ~ ~ 3, 9RIARN'QOII ESTATES AQPITI[1h1, THIRD FiLINC~ ,kCdINC T4 THE PLAT 1HEREOF RECOR4E0 m IN 4mL1i6lE 399-108 PARE 33 PLAT RE(:CRQ5 TARRANT COUNTY TE7CA5 ALSD BEING IN THE HICKEY L.25.75" r ~ ~ ~ ~ " " S0L1Tbi LINE pF LOT 1, 6L4CK 1, NCRTHEk$T TARRANT 9APTIST CXIIIRI;H p1501T90N, ACCORDING R=171$.OO' ~ ~ TO THE PLAT RE(30RIlEd 6+1 CABINET A, SLIdE 8329, PLAT REC0Rd5 OF TARRAB~T C{7l1NTY, C2 CD- 5033.3'30"E FR ~ F(7JN6 IRON Rpp ~ ~ 1£1t~ SAIq Pp1NT ALS(7 gEIwG THE NORTNViFSi CgR#fER OF THE HEFIEIN dESCRIREQ TRACT; CL: X5.75 5~ ~ Sfi iRGF1 RiOa at:nd[ 1 tp w ~ lAT ra T}IET!!CE N 6838'56' E, ALONG SAId 9011TH LWE FOR A dISTANGf OF 445.38 FEET TIa A LINE TABLE ~~a - _ PC1NT IN THE PRESEtJT WEST LINE OF SMITHFTEL6 R(IAD VARIA9ILE NQDTH R.O.YP. SAID POINT ~ ~ ,gp~ry yAp L]!~ LERGTII 9EARRaG 91IRiRELa BEING IN A CUR1rE Tit 1H1E LEFT HAVING A RA4IU5 flF 1784.40 A,IIa A GFI4R4 tIHICH HEARS S HOT TO Ai".L F l,GT' 1. X061{ i. v, AAA^$, R. 15~. A6~IHEAYr TARRAHT @IP119a o~~~m RJtT,c,x. 0~`IP"53' E, 7'9,3'D FEET. FR~i~ 'IYHICH PpwT A HAIL FOUND N A TF~ BEARS S 45' 52' 23` La Lli MgY~9tl9'M a~una-I koolnd~ poi t+ E, D,76 FEET; dBIh1ET ~ ffi1GE B~T$, fJELGT. T}iENCE 9LIl1T1iLA'5TERLY kL(1NG SAId WEST LINE AN4 N1TH SAId CURtiE FOR AN ARO 015TANCE y,pIHH[L ~ ~ ~ 4F 7$_'34 FEF7 TO A }~AJCIi IRG"N FtOd 51=T At rPiE 13EGiNNIN+C 4f A CuRVI= T(S 7FIE kIGH7 uz HAVING A RA41US OF 1719.44 FEET AND A Ch14Rd WHICH HEARS S d333'3[Y E, 25.75 FEET; P~311+E OF BEGINNING al~t.~.t sTw~r ~T ar= rw6r WILLIAM COX SURVEY, ABSTRACT Na. 3~1 ~ ~ T1-FENCE 50LITFIEASTERLY CONTINUING ALONG SAId Y~EST LSE ANQ IHTH SWD CUR1+E FOR AN f£CGHCED IH YiN.31YE , PACE I:i44, o~rcr, ARC QISTANCE OF 25,75 FEET TO A POINT RJ THE NORTH LNE OF A TRACT COw4EYEQ TO ,JOHN HUB ET UiG AS RECORDED IN VOLUME 74$S, PAGE 1072, DEE17 RECORDS, TARRANT - r------------------- - a'~~'+~-®~~~®-~_-®~_----~~-~~- 4d11NTY, TEXAS, FRAM NNICH Pi]INT A 1f2 INCH IR{1N RUd BEARS S 47' 08` 51` E+ 2.21 FEET I I J FOR REFERENCE: I I JOHN C. luICCDMAS SURVEY, ABSTRACT NCB. 104Q iY,"~6A4 g4rr, W I ~ ~VARIN9LE INOTH R,O,'M,) I 3 THENCE S BB'38`S6" W, ALCfiJG SAID NORTH UwE fOR A DISTANCE 4F 448.88 FEET TO A ~ I ~ I - 03 ~ PCiFIY FRCIMI WH1C1# A ~ RdCFi IRON Rod F4UN4 IN THE EAST LWE ~7f TkiE AFORELIEMTiCNEO ~ I ~ R-Y I C ~~y' BL4CJC 3, 6RIAR:WOCU ESTATES AddITIfNJ BEARS N 01' DO" 08" W. 1.44 F€ET FOR REFERENCE; Lui' atl ml I I ° ~ iL' ~ I HLIICIC EB, LaT i I m ~ T}1ENCE N d1~10'OB" W, ALONG 9AID EAST LINE fdR A 415TAf+fCE {1F 105.00 FEET lTI THE I '-°I ~~~A~~~ ~ 1 ~ ~ ~ r PC1NT GF BEGINNING AND GONTIUwING 42710.4 . FT. OR 0,9Bb ACRES OF LAwQ 11dRE flR I I ~ ~ ~ ~ UO , SCE , ..y ~ c,J LESS. I I ~ I ~ ~ ~ ~ [j KNOW .ALL MEN HY TFF~E PREF,~NTS; I I PLAT pOpJ1AEHT I ~ ; ~ i3: ~ I L------------------~~~-~-~-----~~-,---_-------.-~_-- ~ c TliAd J.SE A. SALES ANd IdARIA E. 5ERRANQ SALES d4 HEREBY A4~T THLS PLAT AS OUR 3 { ~ PLAN FOR 54JIBQII~QING TrIE 5A41E TO E7E IiFIONN AS LUT 20, BLOCK 1, BRIARY9000 E57ATE5 eLOr~c ~ i€xAS STATE PuWE S d!T'J8 56 40$,46 1£>eAS srnl< p~yE ~ ~ 1,1Z~ ~ ~ ~ AddIL14N, AfJ Add1TlON T4 THE CITY CF N4YTTH RICHLANd HILLS, TARRANT C04A17Y. TEXAS, I ttIkA1E S7tlpAGINAt~E: AN4 DO HERE@Y DEDIGAlE TO 1HE PUBLIC"°S USE THE STREETS ANGI EASEMENTS SHi71lYN I NoRm mlTr~ aoRe ~ ~ THEREON. THE EASElAENT5 S+IdWN THEREON ARE FOR THE PURPtkSE 4F CCNSTRLICLING, noRminr~aaaas~i.~o Lbi YI I E145TH~a96~ue.TB €Ai11HC.@3d~6~.44 ~ ~ ~ ~ ~ USING ANd lAAINTAI+IING PUBLIC UiIUTlES INCLUDIN4 UImERGRdI1N0 04NdUIT, NANHGLES, RWiit0015 E5iAlEi I ~ H ~ PIPE'S, VALVES, POSTS, ABDVE GROLINQ CABLES, IDES flR C4i191NAT1~1S TNEREL`F, TQGETHES2 mlRO >:uwa uorri HuH rt ur ~ LtJ ~ 1h1LH THE RIGHT OF INGRESS AN4 EGESS. Y, .7A~IA9, P.. 3.7 Y. 700. F. 247Y O~ rxT,cr. I on .cr. ~ ~ Fl1FtT11ERMaRE WE ACKNdMILE4GE ANd A£RiEE THAT THE STREET RIGHT,f1F-WAY SHi7WN A3 N CITY OF NdRtitd I STREET RIGHT 9F NG4Y ~ xF~6LAhn HLLS DEDICATEd BY THIS PLAT DOCUMENT YlAB PREYIOI,ISLY ACBUIRED BY THE CITY L1F NGIRTH I o~~xeED H6 tJFm ~ ~ WowiE 11R4T PA6Y RI4HLAN4 hIILLS HY 4EE7] RECORdEd IN V6LUlAE 9221, PAGE 1344, 4Em RE4~9 OF RECCNpEQ IM '4~U1ME r ~ W tom, O.A.'P,B,'f. TARRANT COUNTY, TEKA9 BUT PATH AN ERRGR ~ THE ABSTRACT CALLOUT BY THE bRI~NAL I 4+~. PA61E 610, 61Ri~C. SURVEYOR. TIiEREF4RE, ANY kNd ALL QF dIJR R1[011T5 ANd INTERESTS TO THE STREET I RIGHT-OF-NIAY IS HEREBY CbNVEYEO TO THE CITY bF NORTH RICHLANO HILLS BY THIS PLAT 1 I ~ , 04CUMENT dEL}ICATION. L07 JdSE SALES MAf6A E. SfRRAlrIf7 SALES srAT~ OF TdUS COUNTY pF rARRR+IT 9EfORE ME. THE 41h10ER51L:FiW, A NOTARY P1J@LIC AJ AND FOR SAID COUNTY AHD STATE ON T}i15 DATE PERSONALLY APPEARED JtiSE A. SALE, KN[f1i~l TQ NE Ted BE THE PERSON 411i4;5E wxal~,as TF! PLNNMIG ANG ~GNNG C(:umsmGH ~ 1H[ aTY ~ NoRTfi NAME IS SU@SC7il@ED TQ THE FOREGOING INSTRUMENT Aw4 ACKNOWLEQ€£Q T4 h1E THAT HE RIaIIAdIG HLI..A~ 1~lIh5 V®Tg0 APPIItlIA11hRLY ON TX18 GAY OP Eif€CUT€D Ti1E SAME F6R THE PURPO5E5 AND CON~DERATICNS THEFtE]H E}43RE55E0, AND IH Barr, ra u+aerns 7H65 PPEtlunusY Pur THE CRPApTY HEREIN STATES. THIS 15 T4 CERTIFY THAT I, RAVER CHAPA, A REGISTERET) RRdFE5910NAL LANd SURVEYOR IN THE CN?JFtlI?N, 6~I.MlMMI6P tiNC #ann~ ~I*1~9uN L~I+Eh1 UNQE#i MY HAND ANQ SEAL GF CIF'F1OE THIS SAY OF ~7. STATE OF TExdS, HAVE PLATTED THE ABGVE 3UBDIVISiON FROM AN ACTUAL SI1RVEY hIA6E ON THE GROUNd AN4 THAT ALL L{1T CORNERS, ANGLE RgNT5 ANd POINTS OF CURVE SHALL BE PROPERLY ATTE57! rArrr, PLANdIM~ µo mNIHC 6~II6dGR iIARKEd CIS! 1HE GROUND, AN4 THAT TH13 PLAT CI7RRECTLY REPRESENTS THAT SURVE7 MADE UNdER Y~Y SUPERV1S14N. STATE OF TE7TA5 COUNTY OF TYRANT 9EFORE ME, THE UIJOERSit~iEO, A NOTARY PUBLIC IN AND FOR $,416 CpIINTY AND SrATE ON KANER CMAPA, R.P,L,S. NQ. ZS64 TH15 DATE PERSONALLY APPEAREQ MARIA E. SERRANO SALES, KNONIV Tl] ME TO @E 'fHE PERSON N416~ NAME iS SUBSCRIBED TO THE F{9REOtlIN(I INSTRU6AENT AND AC9tN01YE_EDfdE43 TO ME THAT SHE EffEi)UTEQ THE 5A1~E FOR THE PURPOSES AND CON90ERATIC#J5 THF:R®N ~ELIbIINARY. 1NIS PLAr 5}IALL NaT ®E EKPRESSEd, kNd IN THE CAPAgTY HEREIN STALES. iiEC6)R17E0 FL3F1 RNY FiUIiFII~. LI#8 pLA7 I5 RELEASED FOR RE'IE4! 8Y' 7HE pTY OF NORLH EVEN UNdEft MY HAHd ANd SEAL OF OFFICE THIS SAY I1F~407. RICNLrWd HILLS PRELIMINAR°f PLRT kA'NER CFIAPA, R,P.L5 N4. 29IS9 ~LACl~ ~D, LUT Ir ,fAHIJARY 200 +~irAgr~r sew WI.L 9E I'RavoEro BY ~ OF Sul EG14t1IG 1'~'~S' j~'~~] 67fT s~~la uNt: eY ~V~T€ ca6rrACr. ~ ,dDDITIfJ}h~ TO' THE' C7~'Y CIF N~RTFI ~IC~YLrflV~ 1~Ii~5', ~w woe ud1AR'~iRO~H°'~'aRUHRan H0.~~f ~ ~AHa na ~ ~'AI>;1NT ~,'~7~T1~VTP, ~'EXAS OWNERS AN6 gES+ErrOPERS: orm, ;Kevier Chaff Erpmeenn~'Su6veying BEING 0.980 ACRES OUT OF THE JOHhf MCCI7MAS SURVEY, ABSTRACT A MARA:AIOT SUBSII'71ARY` A SALES ANL1 MARId E, SERRANQ SA1,E5 R.O. Sax 153311 IMnp,Taxa1675{i15 2405 KLOwOIKE DRIVE N0. 1040, NDRTH RICHLANQ MILLS, TARRANT COUNTY, TEXAS. dALlAS, TE]IAS 75228 TELEPHONE; 111-3Z4--°4517 JAI4UARY, ~DL?~ H{l 2l463~ THIS PLAT IS REGORGED IN CABfNET„~,_,,, SLIQF PLAT RECORDS, TARRANT COUMTr, TEXAS. Excerpt from the Minutes of the May 17, 2007 Planning and Zoning Commission FP 2007-06 CONSIDERATION OF A REQUEST FROM MARIA SALES TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 20, BRIARWOOD ESTATES ADDITION (LOCATED AT 6941 SMITHFIELD ROAD - 0.98 ACRES). Mr. Xavier Chapa, Maranot Real Estate Services Inc., 1425 W. Pioneer, Ste. 129, Irving, TX 75061, representing Mr. and Mrs. Sales on this project. They are trying to plat almost a one acre tract on Smithfield Road. In this project they would be dedicating some right-of-way that lies along the front of their tract on the west side of Smithfield Road. Mr. Shiflet asked if this is a single family residence? Mr. Chapa said yes, they will be constructing a single family residence for their personal residence. It is not for commercial sale. Eric Wilhite said this is an R-2 zoned single family lot. It is nearly .98 acres for a single family residence. The Commission saw the preliminary plat for this property at their previous meeting. The applicant has now completed all of the engineering drawings, and such in order to complete the final plat. It meets all the Subdivision Regulations and staff recommends your approval. APPROVED Bill Schopper motioned to approve FP 2007-06, seconded by Mike Benton. The motion carried unanimously (7-0). CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6-11-2007 Presented by: SBrown/LKoonce Agenda No. B.3 Subject: PU 2007-028 Award Bid No. 07-1379 Library Reader Furniture for the New Library to Jasper Library Furniture in the amount of $58,156.00. In 2006/2007 approved library construction budget, Council appropriated funds for Library Reader Furniture for the New North Richland Hills Public Library. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute and posted on the City's Website. Seventeen (17) vendors were contacted and requested to participate in this bid process. Bid specifications were mailed to nine (9) firms. Four (4) bids were received from the following vendors: Business Interiors, Inc. Cultural Surrounding Inc. Jasper Library Furniture Inc. Library Design Services, Inc. Bid specifications were written for the library reader furniture which included wooden tables, chairs and study carrels to furnish the new North Richland Hills Library. Cultural Surroundings bid was incomplete and the remaining three bid packets were evaluated. The lowest and best bid was received from Jasper Library Furniture. Jasper's bid for the specified items totals $58,156.00 including the shipping and installation. Jasper Library Furniture is a reputable company, with a reputation for quality construction and durability of theirwood library furniture. 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J~ 1 . f 4es . 1 1 ~ 1r ~ T.e1¦1~'' 1~ .-1' I 11 II 'LI j ~ Y° ~ I ~...I 'L. L~ti+G Lii llr ~~1 ~I~ ~i-L- " E. 'Y 1 - e t . L 1.1 'n1 ~ 11:;~ ~ ' ` ~ ~ I ~ LI 9~~~ ~o~m ~ I 1{ A L ~;1C~i•I.t ~i1C~~-~t ~~~i~ ti ~ii~~~~ r~r ~~~~P o. ~ Li~r~r r tins r ~I~uth~ ~ !~i~ r~~ fir` ri~r~r rd~ ~tin~ irr~~ng ~~~n tl, ~~r, ~t~,~ arri rquir~ ~ i ~ Librrt ~rrw~~ ~c~~t t i~ ~trt a ~~r ,#pr fir ~~r`rtitu~~ Ira ~f fir, Ir~i~. ~~u~ ~r ~r ~iv~ ~ tl~~ ~iir ~ p r~ ~ ~ Tf~ ~ fr~r~: ii ire l~~ ~Ei ui~~ri ~~r~~, Ire. ~lr ~i~rr ~+~~'r~j~~~, ~r~. Lire ~i~ row, ~r~o ~ t id, f~ it~rl ~~~~r~~~ ir~~lt, f h ~~r~~~ ~hr the I~t rid bid r~~r~ ~r~rr~ pr Liar ~urr~tt~~, Jr ~i~ the i ism fir ti ~i ~ , ir~l~ir~ ~i~ir1 ar~~ ir~~l~i~n. i~ibrr ~~M ~ witur~ i . ruts r~~n, u~ rr~rc~ tl~i~ r#, Their ~vd lii~r~r`~+ f~~~litu~` ~ r~t~i ~r~ ~Irt ~4r~41 S.JL~~ ~ r~~~~~f ~ ! uu U~ifi ~1 ~ ~ ~~I~I MA€i~l 1114 l~e I ~~V~ rti+~ ~II'~~~I''1 II'M r~~fin ~ I~+~~~~+~ 'b'V~M`~ ~ ~~f Libr~r ~ ~i~~~r: Ire;, ~ ~~r trt, ,fir, Inds i~ the ~ma~~a~~ ~ 1 . CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6-11-2007 Presented by: MCurtis/LKoonce Agenda No. B.4 Subject: PU 2007-029 Award Bid No. 07-1387 Annual Contract for Utility Materials to Eagle Underground Utility, Atlas Utility Supply and Techline Pipe. In the 2006/2007 approved Utility Operating and CIP budget, Council appropriated funds for utility materials for the Public Work Division. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute and posted on the City's Website. Eighteen (18) vendors were contacted and requested to participate in this bid process. Bid specifications were downloaded by twelve (12) additional vendors. Four (4) bids and three (3) no bids were received. Bid specifications provided a list of items used in the construction and repairs of the City's water system infrastructure (water and sewer lines). Materials will be purchased as needed for construction of new water and sewer lines and repairs that include the replacing of sections of water and sewer lines that have deteriorated. Section A of the bid specification includes various lengths and types of water and sewer pipe. Section B includes various types of valves, couplings, and manhole pieces. Section C includes Hymax couplings and Section D includes copper tubing. Submitted bids were reviewed and the following vendors are being recommended: Eagle Underground Utility to be awarded Section A Atlas Utility Supply to be awarded Section B Eagle Underground Utility to be awarded Section C Techline Pipe to be awarded Section D The specifications call for pricing to remain firm for a twelve (12) month period with options to extend the pricing for an additional two (2) twelve (12) month periods if it remains beneficial to the City. Recommendation: Award Bid of Annual Contract for Utility Materials to Eagle Underground Utility, Atlas Utility Supply and Techline Pipe. ~t~AtF~ ~~i~I~~~iie~W ~4f~~1~1AL ~Q!NTR~.~CT F~I~ THE PUR!~1-1ASE ~}F ~TIL~TY MATERI~ILS ®id N~. ~]7-t~$7 ITEM I aE~~RIPTEQpI E3~1~ Llnder~raur,d UtiEity ~t~5 4ttility~uppl~ T~e~hlinePipe Ha Supplyl+~aterMr~rk~ Extended Extended Exterded ~ECTI~M A QTY Llr~~ Prue Pri~;e ~r«it Prig Prig ~rlit Prime Prig 4Jrkit Prue Ex~end~d Prase ~ C~F~1$ ~-~~'J I''~,°v ~vC L= 51u.~1 ~~~.Q!~ ~a~.7iG 5•~,oJC.J~~ .2~1' 5J 2CJ.~~2 ~`i.$C ~=•~,'~P~ 2C '4~1 ie~ ~~G~ e.~~ _ 2G L= ;;x}2. j,~F~.$~ : i].3JC •~,I jJG.2~J ~ 1 a 5~ 5J,11 ~.C~3 .:'J.S~ I~.OC~ a ~ y,~~ iGe •_2GL= ~3;1~G,0~ 52,x_ ~4,25~C.J_ S-.C~ SJ~.~J.~~7 5?.C` ,.~,•5J.2C ` ~ip~ ~R1~~'-~+JC P:~~ ~ip~ JC eJ LF ~3.3J 1~;';~$G,A{~ 5°:,.1:5 51C.2~ IJ.J7 S4.C ~ 5$ 1~J.~ ~2 .1r:5 5r,,- JJ JC L ~ 42G L= ,~1.$~ S~.tiC ti_~~C„~~ ~ 5~.C5 5$~J.i:~2 5~.C4 2c~15 3C a"~.e i~~ 4' ~ 1~' ~CJF~ Jv I: ~ G~ ~C~O LF J. r5 ;~1,5$G,Q~ 51.10 ~•~,~JC.O!s~ 51x.25 S1.'CJ.~ 5C.24 ~`,d'J2.GC _ J'° 1 SCJR Jy ~ 14riJL~ X1.51 ;;~S~,II~ 512a '~~,~312.2~~ 5':.23 S~,Sr?3.~aJ 51.2 ~~,$.2C pe 1~' SCJP `$C L= ~ r" L~ ^ 52.x_ ~~,17$.$C I~~;$1~.Q+~ 5ti.~.! ~ ,~5C.2~ ~ 53.2 5~.v~~.~ ~ r p ~ G~ : ' 4 E~~ JL ~~,~~r ~2C L= .5$ 1~~$~.$~ 54 C L-,~ ~JC.2~ ~ 5.5.12 S1.a25.~ ~2 5~.1'~ 5-,i 1~= 2C ;~ect~n",4°'T~?TAL ~F~,~~d.$$ ~?#.G~4$.J2 L25,5~i.C=~ ~?ti.L~~~.J2 Extended Extended Exterded ~E~TIIJf~ 8 QTY l1~°it Pri+~e Prue 4]rtit Prig Prue 4Jr~it Prue Prue fJrbit Prue Extended Pace ~?~I'~~ Box ~ Lire rPa~~ ~ ` 1;:5 ~tiL~.TJ ~i3,~s~.'r~ ~21.JC ~~I].$~ SJ.$. v 2'~1 JC ~:~,~dy JC ~''°~al'~e 8~,~ ~i~~ 1;~~~~ 1C~~4 5i~.:5J ~1,55~.C~~ 5'.?.5C l1;~5$a$4 ;>}1?.~iC S1,J~i~J.~~2 52.x- 2~1.3C ~ia"~~e1; -J E~ ,3J.. 3C .~1C,~5J 2C .1.21"."J ~iQ,~4l~.a$ 51.2~J.,J2 J,~~C.G" 51 2~3~~J X11; ~~J.J pop°~~_~al~ a~V~~~~rie~ ~ ~1,x~e oalti'e nth" °a E,~ 1~ 2C ,~3,12C.G ~91~.~IJ ;6~,~5$.$~ 522J.JJ ~$.~CJ.., 5$~' ~J ~}p1I~La~i~ 3~V~5~°'~}nES - - "r1,•~~.a J. _ 4' a3:E'4f3''~"8 ~A1tr ~J E,~, i•CQi ~I e i I ~ ^ 7 Sri I i i L- i i ~ i I. ~ i i, .~~Gll~al~ ~~~~~~rie=_ 51",tip,, ~.C 5v~_ _J ~11a,~G.aQ 5~35.Ja 2,_,~G G_ 5,~" v3 ~1C,2.5 aJ 1= .~?ple^:yalls 3~c~~~~ari~~ 1C" =4 ti.1~2 5$:~,~'JJ "C 5'J~_ _J ~3~,~~a.aQ .~ti~.JJ ti~,~~C ~C~~ ~~1.i,~IJ ;~J~.L~~J.JJ =ire -I~dr~nt 4.a ~ ~Jr~ 1J E 2'J21',2L~ SJ`2,2~7.2G 51.2~~.~ IJ ~J~,.[~$ S i.2-J.7~7 W~,1GC.C~ ~ 51 1~U.~'J ;~~i,4-•J.7~2 ' '~ti:F 3~ce~~ri~=_ 2 ' J E,~. ti~+r .aG '2, r e G.C~ ~ .51. a~~.~ ~J ~1$,~°. a$ 51 25J.J2 J, SJG.G ~ 51 1 ~4.0~ ~11,~43.~J +~ai:h a~~~~ri~=_ =i-~ H°~~r~n~ I burr: p -JE,~. 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C-1~ 71~ 3~,5~C.CC~ 311cr.~ ~7 54;~~[7.7C~ ~ ~~1.~ ~.r17 51 li.~fa ,•°~a7 7c PLn~TI ° ~ LI 6 -~-ec~~l~-~~r~~f~ -o~' ~~~~t Iran Riper ~3 ~Ir~g fa' ~.~.a7hc; e ~7 Erg. ~'u.~} ~ 1, 5~ c~ o ~47.7C 1~1~a7.C~ 7.a~ S~? ~.4C C~~ ]C CS~~ CC ~a55 ~w~~~ 'k~i~I~G~iiMr~ ~Ht~~ AhI~lU~4L ~~fYiff~A~T FAR THE PL1~~CFIA!3E ~F UTILBTY hL4TERI~L~ Bid M~. a~-S3E~ ITEJ~1 ~E~~RJPTfU~d 1=agl~ lJnd~gr~ur~d Llti~ity ~at~~s 4~tilit~ Supply ~~~~ali~~ P'ip~ Ha supply 1~~t~r~rvrk~ 4' u3~t. 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Extended E~t~endled SE~~I~t~ E UTY Lla~ it Price Prise UrEit Prise Prise Unit Prise Prue Urwit :Price Extended) Pace ~ P_'"'F~~n-~x~Cc~~~lir•a 11~=~=~ ~1~~.~+~ ~i~,~a~.~~ ~•°~~.JL ir1L.L:7.~~ ~'1~~.~- 1_~,~11.~•~~ ".~7.~~ ,~1~.4Ls'~.~~ iP.~rt ~ ~ ~~~~e_~o-~~~ Er~~ S1ti~.~~a ~;T9~.tl~ ~ ~~.~L yry,~5~.~i" v~1~~.~f, ~.~.~1d.i~~ . ,41'• 7C 2aL~ ~ectit Ti~'~~L ;~1~.~~~.4a ~?~,C,~C~ ~ ~~L.4~. rv L'~1,'~~~. Extended 1=x~ended E~t~n~de~ ~E~T1~N ~ QTY Unit Prue Prise Urwit Prise Prise Unit Prise Price Urrit Price Extended PrFCe v~~pe~T~.din~ ~~oz ~~L L= ~1,~'~~' .~v ~1.~~~.s~~ ~f 31 ~.~5.77 V~ r~"fie 1.. ~ape~T~.ainprc~ ~wC L= 5~.~f 54,~_d ~.;~~.s~~ ~F 4.~~~.~{~ .d~J.7~ wsi i ~~pe f~ti~ . ~'spaer Tut 7~ i:_~ _ ~ ~ ,.L - "vci T," ~~L L= ~1v S~,~a ~1~.~~ ~~.1~~~.s~~ ~ ~.~5 ,t~17.~~ ~1~.-~ 5~.1F~J.77 ppe f~l ~e~tidrn "E"1"~T~L ~~,'4~ ~L S~.f~d.,~~ ~~.1d5.J3 MiNI~UpI DELI~'Ef~Y ~kM~IJNT ~a r•Jc J31a ALL Q~ H~?THI~d~ ~ Ala ~tio~ r•Jc ~ o-nfl i~t sf Inters ~t F~ rm ~ ~"~H ~~I~~ HILLS P~U~I.i IMF T; ~.l~r~i~ ~r~~ ~ur+~h~~ir~~ ~n~ ~~Ir ,Jimm~r ~u~li~ ~r~ ration: I~a~~~~r ~ ~ d! Mays ~ ~1~7 ~1l~T: PF~~~~ FAR T~~ ~u~lic ~rfC~ ~p~rtrr~ent i~~ reui~ ~i~i pr~~~~l fir t~ .r~r7u~[ ~ntrt +r t~ i~~r~~ ~f lJtifi rn~tri~f, Tl~~ d~p~~ ~ ~ ~r~t r~or~r~~~ f~llain, ETI "~A'" t~ ~~r~ t~ E~[~ l.~r~~drr~~u~d l.~tilr fir ~m~~nt 4, E+TI t~ b~ ~~r~i t~ ~AtJas Utili uppl for ~r~aur~t ~f ~ E+~"II "°'t~ ~ ~r~rdi to E,~~[ ~1r~~~rr~ur~~ [~tillt fir ~ ~m~unt ~f ~Til «~o~ ~ard~d t+~ T+~I~li~ ~i fir ~ ~rn~unt ~f , ~ . Fun~~r~g fir ~ ~urc[~~~ ~f t~i~l will ~ #hr~u~~ ~~~r~ral ain~ ~~m ~ur~~,_ ~t~-7'x,4-~ ~1,~0 IY~Y1 Y~9 IW J ~~S.l YJ~ A~~ ld+I' IY ~ ii LlV~SJ~V' Thy rn~~~~ fc~r i ire u~ in the r~~rui~n re~~air is ~t~r ~t~r~ ir~fr~tru~ku ~~~~r ~n~ ~r lire. ~ar~~tru~ti~n ir~~l~~~~ ~r~t~r ~~d s~~r lire. fir '[n~lud~ ~I~~in~ i~r~ ~f v~at~r ~n~ ter` lire ~t I~~v ~tr~ara~ted. 1a~tnaN are I ~ur~~~ use fir r~~~nir~ir~~ t~~ i' u~~r~~r ~t~r ~~alr t~r~~in~ A!! I~ ~i~s t ~ ~~pa~ ~ ~ ~~r1~ pi~ti~r~s. !f 1~~~v~ ~n ~uti~n~, pl~~~ ~t ~ kr~r. Jr~m t ~~r~t~~n I~r~~r Vic: ~1~~~ ~u~i~, ~it~r ~~~G~~ l~n n~pp, P'- L~~I~,~up~~nr~~~n~ ~v~ ~h~n, PSI - ~n~lruc~~~ urir~t~n~~r~k J~~~rma~-~~~u CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6-11-2007 Presented by: MCurtislLKoonce Agenda No. B.5 Subject: PU 2007-030 Award Bid No. 07-1390 Annual Contract for Traffic Materials to Vulcan Inc., Centerline Supply and Roadrunner Traffic Supply. In the 2006/2007 approved General Fund budget, Council appropriated funds for traffic material for the Public Works Division. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute and posted on the City's Website. Eight (8) vendors were contacted and requested to participate in this bid process. Bid specifications were downloaded from the City Website by fifteen (15) additional vendors. Ten (10) bids were received. Bid specifications provided a list of items used in the repair and maintenance of traffic control devices along public streets within the City. All materials will be purchased as needed for maintenance and repair on traffic control devices such as street signs and pavement markings. Vendors were supplied a list of items and estimated quantities to bid on. The specifications were divided into three sections of like items and materials. Section A includes different sizes and styles of blank signs and posts. Section B includes various types of signage materials. Section C includes pavement marking materials. These will be awarded per section as listed below: Section A to be awarded to Vulcan Inc Section B to be awarded to Centerline Supply Section C to be awarded to Roadrunner Traffic Supply Low bids for Sections A & C meet the departments specifications. Municipal Supply and Sign Company submitted incorrect pricing for item seven (7) in Section B; rendering this section invalid for the evaluation process and the Department recommends the second lowest vendor for Section B, Centerline Supply, Inc. The specifications call for pricing to remain firm for a twelve (12) month period with options to extend the pricing for an additional two (2) twelve (12) month periods if it remains beneficial to the City. Recommendation: Award Bid of Annual Contract for Traffic Materials to Vulcan Inc., Centerline Supply and Roadrunner Traffic Supply. N~r~~t i~hi~i~~ ~-iiil~ ~NPVUAt_ ts4fiaTRACT FCdR THE PUR~H,~SE OF TR~,FFIC` hq,4TERIAL~ Bid P°a~. 07-139(} ~+EfdD~k Yulcal~ 9i~rrs Centerline Su~~lyr Roadrunner Traffic Extended PTEM aESCRPPTI!CN ~iae QTY Unit Price Price Unit Prue Exten~d~d Price Unit Price Extended Brice SECTICkN A FE~~T:~,GCIPd SI~,PJ 6LAhdl{S . ~ ~ ~ v~ w : ~ ~ ,~°,L'~.M..~~~a'~r~UCaE 5J~ ~ .s.. 1_ 5 s 31 519~9,~5 :~1~ $2v3 5;, ~14.,5~ ~~~L3.2 i L~I.~.h~tOh~a SIC,had 6L~.;~i~S 3C' 1vC~ ~ X4.16 51,4'18,00 S2Cs.8E ~ ~ ,y ,1 ~82.0+~ ,~L'~41. C13C ~AUC,E ~ ~~.O~S O.: .~1~~.~" a ~C~rT~,GUhJ AP•JC~aI?EC~ ~,LLdP4" ,O' { .3v' 2v 513.4 52,45,00 ^ ~L~P~df~S OSL~~+UC,E L~ -.1..~C a4C.Cl~ ~14.~.. :~~.9~~:.Cs~~ C,C-,~°!C~hJ r~hdC1GIZEC? UP,~ ~LxhdI~S .O~l~ GAUGE 'fi': 36 ~ 2vC~ 519.28 53,4356.00 ~~?.5C 63O.Ov S~ 1.2~ ~~;252.00 REG TAPdGLE N.P•J~G~IZECa .~LU~1. ~ ~ .2~ 51.3.49 ~462,2~ ~~6.4C ~+36O.OG S2O.30• ~~°3G.`G 3LAhJfCS ~0aa ~r+UGE REGTr~t`dGLE r.N~il~l?EL~ ~.LUC~1. 4.8: ~.1R` ~ ~4.C~6 5~51,~t~ ;;~0 2~ $4L~4.~70 515.~C ~ C 3L~+hJ4~S ~01~0 ~~+UGE ~31L~.7 RECTkr~dGLE ~.hd ~CI?EI~ nLUM. OL,~P~dKS OSOr~UGE 42':~24~ 1C 5;x.;9 5161,90 523.50 ~236.6C~ ~1r'.3c S1?E.5C REG Ir~PdGLE ~.hJ~CI?EC7 ~;.LUM. ,1,..~ 36;: 1~ X20.68 ~v 3L~Pd~S ~aSC~ ~r~UGE ~ ~ 2Q~,50 "~0.3~ ~.3C~,i.~7C~ ~~2.53 $28.0 REC`TAh°dGLL .AhJ~°GI'E~ ALU~1. ?,1;~~30; 1~ X73,70 SE5.2~ $262.40 519.1? ~1~1.? ~L~PdP~S .~05a ~+UGE REGTxPdGLEY:PJ~C°C12E~ ~.LU~1. 36` ~ 1"` 1~ ~?.14 571,44 S1C~.1` $1C~~:5L~ ~7.:3G~ 7.80 3L~+hdf~S ~7~a r~UGE ` RECixPdGLE rifd~°GI'EL ~;.LUM. 8~3;; ~ 3C° ?C S ~4.~8 ~253,~Q u~1.0`~ ~42~.B7C~ 515.!36 5312.43 6L.~h~dP4S .~JBL~ GAUGE RECT~,h~dGLE ~.r°d~~Gl'EC~ ,~LU~1. f~ 30' 1 C 5?4. ~ B 5141,60 S32.3G $328.~aG~ S1F°.6G $1 `6 6LxhJlS ~JSC~ ~r+UGE RED' Tr'4h1CLE:~°hd4C'C~I?EC~ ~LU'~1. ~ 4::' 4G ~i3.~~ ;d39,F~ J~ a u 6.4,. :1 1~5C~.OC S~a.4~ $816 ~J.. 6L.~P~PCS .~aSC~ ~+UGE REGTr~h~dGLE,~.hd~CI~EC)A.Li.l~1. 5j3.91 ~743,~Q 5?b.2~ $4L35.OL~ 515.3 ~3766.3v 3LAh~dKS ~J¢C~ ~rsUGE 36" REGI,~h~dGLE.~.td•~C41~EC~.~LUM. ~ ~y. y~ 511.3? 5~27,4~ 5~6.8`~ $33?.0~ 5~~..5'-- $2`.~C~.3~ 3Lr"°h~dICS ~~+UGE REC`Tkh~dGLE ~:hd~+Cl?ECG ,SLUM. 24 ° 2C 59.13 5152,51 513.:5v ~27O.OC~ 5116.07 ~2C i .4C 3LA:hJP~S..051~ ~+UGE I`~ECT,'~hdGLE Y:h~CIZEC~ nLUM..~4, ~ 1 .5C 54.79 5.239,5~J 55.67 $33O.vC~ $254..56 3L~4hJPCS .~75C~ ~kUGE REC IkPdGLE.~.hJvGl?EC~ °~LUM. 18` 1~3" 4C 55.86 5214,411 57.57 $3OO.~C~ ~5.~32 $286.y7C 3LA:h~JKS .OSLO ~kUGE RECT,~PdGLE AhJ~GI?EC, SLUM. 1.3; ~ 2~' 3C 56.50 547,00 :3.90 $297.CC~ $2.~S.~C 6L'r~dKS ,~78C~ GAUGE RET,'~hdGLEAhJuCIZEC}nLUM. 13'~??15~' 2~ 55.36 5147„211 $151.eO .56.9? $118.4 6L~4hJICS .0'SL~ GkUGE REC I KPdGLE AhJCI?ECe ,SLUM. Sa.CC~ 5175,00 Sc.25 $262.`0 ~3 X37 $193..50 3L,~h~dICS .OSLO ~~+UGE 18 ~ ~ 12` RECTkhJGLEAh~G12EL~ALL~M.6°'+~d2~' 1CC~ 51.83 51fi3,011 51.9.5 ~1C+5.CC~ 5d.~31 ~1#1.OC 6LA:hJKS GAUGE RJ'LIPda ALUh~t. SIGhd EL.h,Kti a .CEO C~~;.UGE 36 1C 51'3.C~o 51910,0[1 5~8.2~. $282.`~L~ 5~1.0~ $21O.4v RECTAh~dGLE FLAT r.P~ ~C)IcEC B A.LI.M. STREET h~dr~ME BL:~.hdl{S v' 3C~" 15C~ 56.M~ 51,035.00 Sv.? .5 S1 462.Sv 51.14?.CIO .1~5 C~°y.UGE iFUP~°~~HEC}'~ RECTAhJGLE FLAT ~.h~~C~IEEC ,4U.:M. STREET h~d~+Pv1E 6L:~.hJKS 9 :x.36' 15~i7 Sa.C? 51,245,50 514.?` S1 f~32.5C ~9~.12 .125 GAUGE iFUP•,~HEC)~~ REC Ir~h~dGLE FLAT;~h~C}I~EC ~~.L~,~M. STREET P'~dkPa1E BL:~.h,IKS 9~' 42' 1 `•C~ 51~7.C~8 51,.512,00 513.67 O4C~.O7 511.11 51.66~.5~7 .1~5 C~,~.UGE iFUP,°CHECa~~ . REGT~+PdGLE FLAT Y:Pv'~C)IcEC ALI.M. STREET hJr~ME BL:~.hdl{S v' :~'8" 1CC~ 510.98 51,096.00 515.:5v S1 5:5C.CIv 51~.1~ 51.20.60 .1~5 t~AUGE iPUh~ wHEC1'I . REC IkhJGLE FLAT ~,P~C~C}IcEC °4Li.:M. STREET h~d~+ME EL:~.hJl{S c4" :3C 512.?? 5353,111 S1?.5C $.525!7L~ 514!78 $4~2.4v .125 GAUGE iPUh~~.HEC~~~ ? I Fha15 EuF CIe3r Tr~ncfer T~~e 5 Ra Is s~1?7.85 5559,311 $238.1 G :~1 100.57 .7u9.78 ~ ° G ;ids TPh~15 E~CF 38` ~ 1OO 5 Rals 5266.79 51,333,95 $35?.1C~ S1 ?~35.?`• $129.84 $8-8?C s3lear Transfer Type ~~°ds. ~airth i~irai~~~r~~ i--iii~ Afdf~UAt_ ~t:ktdTRACT FDR THE PURCHJ~SE [~F TRAFFID. ~ATEF~I~4LS did N~a., 0~-1394 VEhlU4R Vulcan 9i~n~ C`enterlina Supply Roadrunner Tr~tfic Extended ITEM DE~CE~fPTICfd Sine QTY Unit Price Price Unit Prue Extended Price Unit Prue Extended Price 3f49 Prassure ~ensiCi~a~e 8 Hig7 InsansiC'~ Retlecr.:r.. aheeting Ra I~ ak~~ ~3.3a ~2,~35,94 ~h~~' SC~~TC~ LITE 3fi' E+J 9 ;E.C. Filni~i Elactr~ Cut Film ~ Rall ~~55. r 5 4~5,7~ $~E2.g~ ~~02.~J0 ~-F~3.v0 ~4~3 ~J~ 5~d 11r5CBua ?h~1 ~C~TCi-LITE L.C F I?~i`. Spa plectra CSC Flrn 99'r's1 green ;rd~ ? Ra Is ,~~fi5.75 9~9,E0 3'I 4~74.0~ ~'.63.~0 ~92E~ ~ha'~ SC~~TC~LITE iE.~. F In• 3~` 50 Electra ~~~r Firn 99 r2~Y Red ~;ds ? Ro is X465.75 5939,EQ ~rE2.~7~ a1 4+]4.0 $°63.0 '~2E~ :3f43 Scatchlte iLl Fres3ure Sensir,,,e Engineer `~0 `7'c Ra Is 5~C17.~5 ~3~,~97,.50 $9`6+dv 6?0.0~ $935.`_•0 -.0165.0+0 ~~rada Graen ~ 3277 9 :341 Scatchlte ~rass~~re Sensir sae Engineer `0 `r c. 5 Ra Is v10~.25 9~~~,~5 9`f ~7~ ~~5i].00 $935.`•0 6~7.5~ °DrWda f'~ra~un ~ a2~y 9?° .3t~1 Scatchlte Prev~Jr~ San~itti~~ CC '7'c. 5 Ra l.~ 539.75 ~~,~OS,; 6 X466 ~0v .~4 .i4C Q.: ~'~6n._0 59.a~~.~~] Enginear grade Rad ~ ~,2?~ 9~" .3f,~ Scatchlte Pre°sJrv San°i;~~a Enginear Grade `7~e late ~ 3279 ~•0 `r'~ 5 Ra Is ~~~?9.75 5,608,75 X465 6v .54C~.0~ $3B6.Et:~ :~9.0]2.5~] .3 .3t,~ Scatchlte Frass~re Sensit ~~e Engineer =.0~'~d. Ra Is 5'29.r'S ~°t,~08,70 X468 ~7~ :3~ .540.0" $?66.E0 ,1.83~.5~] S,rWda 31ue ~ 3~, 3f41 Scatchlte Fre:s~re Ser7cit~~m Enginear Grade a~r~nge; E~01'c. 3 Rals 5345.74 St.d37,~~ ~48E= 69 404 Ou ~?93.~3 51 ~ ~'~.0'~ 9~S4fJL 3~" :Jfa1 Scotchl#e Pressura Sar~sitive Enginear Grt~~de ~a~~7ite ~ 320i] `01'd. 6~ Ra Is 5329.75 ~9~,~62,50 ~466.~0~ X94 ~-0.~7v $?•66.`•0 $9v.9'3E•.0~7 ac 3t,~1 Scatchlte PressuraSal3sltl're Enginear Gr;~~de Blau ~ 775-i2 ~0 `fd. i~ Ra Is .532'3.74 53,966,80 4`•6.~7~ ~?~.0~ $?76.23 :~-,59-.?~ 3~" i 9 ~aC n ~:IJn~inurn ~ i6~a-1~0 `~5,{ds.CO 3 Ra Is 535~~.39 ~'t,9C~5,9~ ~~~?•5:.3` :~1 B95,Oc $~~~:E1 ~9;.34~.U3 3f41 FLUDRESCEh9T 1~`ell~~f- il ~ 12 Dreen Ciamand ~rada Sign ' . 2 Ra Is 52,~00.~0 54,409 ,~00 52;9?~.01~3 940.0 :~2 S?7.53 :~-.6?5•.09 cheating ~ ~9,0'~• .,d3. 1.6 ti taa Facas # f~9-9 3~" '~0 9 ~•0 '55.76 ~~fi4,09 :~9 09 ~.5~ ,56.35 $9~4.~3E i4 ~.rme~a~~atch Sign3 1o~'?c.24 ` .5~ S;i.E7 ~97~,5~1 598.~7~~ ~9~0.+30 53.9 $9v7.~7~ tiee.rt3cned C~p~~ 9eotian "A"TT~L 554,38,41 $30 4~E..SE• $5~,49~.7~3 Extended SECTIt~ta d CITY Unit Price Price Unit Pri+~a Extended Price Unit Prue Extended Price 1 LUPRLCCK 9~' 2~0 599.60 523210.~7v $90.5v 5.~,1~00.00 :~94.9R S2.o35A0 '',~~and,~l Praot Stf e vUPRCRGSL - r~o. O'3EF 2 t~9~i~e~iruded crass'~~'t~nda Praa~ 9E' 4~0 599.601 546'0.~7~ X90.4` 54,180.Q0 2;94.95 :Sc.6~2.C1~J Vt~le RDUPJ[) SUPRLOCtC - h~~. 9F2F 5 t•J~n E~~.tr~ded Rand ~vap ~arE- 9E' 2~0 '599.60 320.~a~ $90..5 SZ,1~00.Q0 :14.95• :~2,035.0~J 3i8" Fact'~:`andal Praaf Stela ~ Tail - PJa. ~ 52.`•0 SS.ta~ :5C•.0~3 590.0 ~.°3~? :~d.8~6 TELESFAR L~. 2"?~ 2' 5 4~0 '57.6 5~ 924.73 55.10 5~,44p~.00 56.63 53.45E.0+3 ~IGh~16+~SE i 25 Fer 6und a 3~"' TELESFxR vG. SIGP~1 d+~SE 2 1 2 ~ ~ y , ~ A „ 6 ; Par EJnd e ;s ~ 94„ ~ 4~0 54.-6 1 ~ :~4.7" 5-.~5 S9,7gQ.~0 ..5.~,: S~,f ~ ~.0+] TELESF+~R 5~~. SIGhd d+~ E 1 7'4" ~ 1 ' Par 6Jnd e 7:~4' ~,1Y,. 4v0 S1?.05 56 ~392.~77 513.•77 55,520.00 596:35 57.5.57.0+7 8 vign Peat Drive Ri'4'ers i•,a. 1~7~0 '50.72 57~+7.~0 5.4+7 ~400,OQ 50.7 " TLDRAE 357o-O6 56~0.~77 9 '4'~ashers `or Dri',~a R eats 1~7~0 '50.77 570.0 57.1+] ~9 f)O,OI} 50.9 $920.77 ~igru P~Lt Carnar EoICs 2 9'~" 10 1~7~0 50.50 55~+~J.7ii :7.65 '~$50.OQ 50.5r $570.~J7 t•J~v. ~ TL070 Med. ;5 ~y 19 F tinge tw .ats t~cr Garner f~alts 1~7~0 SC1.15 59`sO.~C~ SE.35 350,OQ ~'i3.9 ~ I~•L~.~J~ N~r~~ I~l~h~~nr~ i--~ilr;~ ,~NNiJAd_ C{~hJI~fRACT FOR THE PURCHASE OF TRAFFIC f~IATEf~1~4LS Eid Plo, 07-1~9~ ~?EPJ~U~R Vulcan Sins Centerline SuR~ly Roadrunner Tr~ff+~ Ex#ende~d fTE~I DESCRfPTION Sixe €~TY Unit Price Price Unit Prue Extended Price I1nit Prue E~ten~ed Prim ~,,+~n~al Praot E~Ity `,F1c, {e a~~L~ '5G.'~, 5~ 1~L~.~7~~ :~~.2~~ 1.~~Q.00 gC~~~ ~1,E+~~.ii~ ` Round ~ gn P~, is ~ 1 ~ G a uge i ?`~~~~~~~C~ .3 Fa~~d~r Castel B!~ck 3?-Sg Rer ~ 1cE 52:~.~3 v3.4E~.5~ ~C3;~` 53.~~~.50 aE6.3~ S~.g~1.C1+~ iaurdle t' . Section" g"T;~JTAt ~~8,+J99.~~C~ ~~4,542.5Q $~9 ~5C~.8c SE~TIOfJI ~ ~T~ Unit Price ltnit Prue Unit Price T~r~~a ~"~3} ~:nli~ef ~•3 $.3~.t7.+~C~ gJ.+~~ ~1,~~fi0,0~ i 3+ N4 Ell CJa ~Id ~;~ne ~"~a}~ Clear i " yd~l:~ hJa Eid t•Ja aid ,~...8~ $,~a0.t]L~ SG.~T '~9~G.~~ ~pea€ Square Plastic '~ella~~~ Aav?~ Rand Na Eid CJa did J9 .b+JC.~]~ SL~.4 '4'~'hte,~.pe~ Rend Plastic ~9,fiU0.i~~ 4 Hot T eae3 ~ PT`~L~=t~J~~~~ ~ 3~ ?:5 Ra is PJa Eid PJa did ~1S'e.~~• ~1~ 2~1_~~• ~63.4.~ 54,75~,~~ Hand cap Hot Taa° PJa Ei•~ PJa did $2~E.3E 5~ 0.55.E ~1~9.~L~ 51,~9~,~~G ~ ~ Ca ar #8047PC 0 H~tT~~e-'~',hitu #~94~46 5~ 10F~k~~s h-JaEid C~Ja~id ~1~?.1~ :~1~7d.~~ $1~Bi.~~ Rig7t Cue~e r.rro•k~r 9~7 rr71 51,8~5,2~ Hit Toe -'~~hita ~ 5R4~4^ v ft. •0 ~k~ys PJa EiL r'Ja did ~1 `•r'.15 :~'1 5? ~ ~15~.`•~ 51,~2S,~~G Lafr.'UlJr4~e Arra~n~ vC~ nii Hit Toe -',White ~ 55~?5^ ~ f'Ja Eid C~~Jo did 1-3.~J~ :59 43L~.5~ $155.1 ~1,5~1,4~D Rig7t ~~ar111Ja r.rra'h' 00 ail J't. 10 Rk=y., ft. .0 Rk~~v h~Ja Eid PJa aid ~9~5,~7`_ z;1 ~30.5~ ~15n.1~ S1;5fi1,40 Left •Combo ~rra~ ~+0 mie H•~t T~~e -',White ~ R9~7~•5 V.5 fi. i0 Rkys PJa Eid PJa did $1~5.3E ,1 .}•5~+ $1t:o0.E5 S1,5U5.S0 Strai~h~tHot Ta~e,~.rro°~vva 00mi! H~JtTe~e-'a~~hite~5~47•t5 JOft '•O~H;~ya P~JaEid PkJaaid $134.x` 51:~47.5~ ~1tefi.`_•5 51,5~S,b~ Fa~aernent Legend only 9+J mi! -IPJG Le~~ends - ~~~'~I-ITE 00 m l ~3ft. 2 Pigs PJa Eid rJa aid $113.•5C• $132.y1 '~2~~.4~ ' ~ 594'~a~ Schaa' Le~~en~~~ 50 nii ° ~ 59400 •5 ~ P~tigs PJa Eid PJa did $175.2• $~~•0.5C~ $~03.~•5 $40T.1~ 9 Industrial ~~ct i•,gs Epax~ ~ E22 G;~I. 5+5 Coal PJa Eid CJa did $.~5.5~ :51 2?t,.0~ :5?1.~7r 51,50,00 Industrial ~oat'ngs E~ax;r ~ ~1 2~5.0~ :531.~7~ 51,~50,0~ 10 : G~ . Gal PJa Eid PJa did a~5.5~ i ata ,~st 5 Gal. ' J 1 ~s~hto ~~eG. '4~h~te ~r~ndular ~•0 ~ ~aa s 25!50 lt~s PJa Eid PJa did 5~.5~7 :51 2:50,0 50.53 51,75,(90 T~erma g 12 a133 3ead~ :S~L~ l~s h•Ja Eid PJa aid :5~.a5 $275.+50 50~.4c '~2~5.00 . .Section°'C"TOT~4L h•Ja3id ~3J~7ur.9` $~5,10~.50 COhdFLICT OF INTEREST F~f~M ~ . ?~I RICH~~U 1{ILL"~ PUBLL~'~1'~~? l~EC~ "i ~rac~cwra, P~ur~hasing nt ~~rn~~~ R~b~i yr tra~c~~a'i~anager G~~4 i~ ~ ~ ~l~ET; EID ~L ~ TRAFf l ~ rtAL~ ~"he ~ub~i~'~krs paru~ has rep,, k~ pr ~ far the ~7-~ At~nuai ~ r Pur~rase ofT f~ateriai~. The depar~nent r mods theIring: ECTI~N "A" to k award~i th V~l> 1 n~, fir t a~~vunt aF .31 ~~t V i ~L yY M~ ~f SRI ~T~~~l iV MM~FO~ 'Ad IYY. r 'N 1V ~l ~ Y91 Vlr ~~Y~i~MYY1/. * SE~TN ~ ba i Rdr~nr~er Try 5~pp~, I~~ r the ~ ~~~unfi ~f: Fu~#ir pur~ha; rr~eri~ vr~il be through se~erai iir~ rte ~a~uur. 1 "~~~~1 I w l Y r! reo ~ ea ! 1~~ lRY#y 1'lA YYrF FBi e te~is fvr the did a ~ci ire the raur end rr~i1°~ar ~f rcantr~i a~ang pub'l~ ir? # aint~r~~race a'nc~ reir irl~uda ~~,~c Sri device such as ~i~~s and ~I"rlerl~t meringsY Ai! lcaw bids t depa~ ~ ~ gent i~ ' ns. avre, ~lunici~al up~G and 5igr~ mpar~y m~da an err yin their b~ far inn u~, quid a far item that try ~ann~t ~pr~i~Je; th~rore, their bid pr~pas~l fir the i~ imral~ ar~d tha Ca s the ~t b' ~ e, If you hive any ~ues~~ns, p lak me knc~u+++. irnm~~t ~ ire r. a i~~ Curie, D~n9ir P~~~ INori4~ +~+'~tl ~ n, - SU aLlfll1, , ~ f~~Of Tray ~K~~n JCAlalpr~t2{I~F-128# CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 6-11-2007 Presented by: Elizabeth Reining Agenda No. B.6 Subject: GN 2007-050 Approve Agreement for Mineral Lease of 1.879 acres of the Bradford Survey -Resolution No. 2007-036 Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The City of North Richland Hills passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. It also explored the possibility of leasing City-owned land. To assist with this the City hired gas production professionals with J.P. Morgan Chase Bank N.A. to help identify potential lease sites and setup procedures to receive bids in 2005. The City has received a mineral lease proposal from Carrizo Oil for 1.879 acres out of the Bradford Survey. It is the site of one of the City's water pump stations and is located in the City of Watauga. The property is off Western Center Blvd. and is surrounded by the Spring Valley Baptist Church property. Carrizo Oil is offering 25% royalties on a 3 year lease. The lease period is a year longer than most City properties but it was felt since it is such a small, isolated parcel it would not be a hazard. Carrizo Oil is offering $5,000 per acre, equaling $9,395 for the entire 1.879 acres. This money will be deposited into the Gas Development Fund. A public hearing is not needed to lease the minerals of this property. No drilling will take place on the site. A Resolution must be passed to authorize the City Manager to execute the lease agreement. Recommendation: Approve Resolution No. 2007-036 authorizing the City Manager to execute Oil and Gas Lease for 1.879 acres of the Bradford Survey. RESOLUTION N0.2007-036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute an Oil and Gas Lease for 1.879 acres of the Bradford Survey. PASSED AND APPROVED this the 11th day of June, 2007. 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 Location Map ,~I ~oo~~er ~'um t~#ion # f;~~ ~ ~ F. H I'd~ I ~t~; ~ - ~I ~ ~ g h i R. [ ;k ~ } ' ~ ~~~I M~ ,a ~ ~ ~ r CRY ~ „ L',"", E ~ i ~ - ~ L. ~ SPRIt~'~ ECIC"a ~ i ~ J a ~ _ ` BEER c ' T ~3} ~cll h~ 5u;i S IRfi L I~ ~i z ul I F. 'd~.11' p z C~ w 1 s' z +h ~ ~ - .F - - - I Y Arshli iaEf~~E r a= } ~ I J ~ 'ry L ~1 L ~,.a.PF TRL ~ lu ~ w C, r lx z - z ~I I Ilr KENN@~l' T u ~ ~ ~ ~ I In ~ nF 'c. t II¦1 ¦ - ~ ~ 'I ~ ~ w RCI,NOIR _ ~ x ~ a~ rl~~Y,;~ ~ ~l; E 'PJ.' rk1FFLFCRFt~Ii ~ _ ~ ~7' 4 C F ~ f G), a r' ~ fJ ESTEu [',~k ~ ,(yam L' y~ h _ " II T .F 5 A DR ~ f-~il'~'_I i r ~Q~ 4~ I JI l JhJL=.'. I ~ ' F f;;; L dl: f G~~ n~ Ll r.:,,f,.. ~1F' I F` L1k' ~ S. 1~h!"P,^.T ~ l I ~ 1 ~ IiY LC~CATI~N DETAIL .AS's } I I' ~ ~ ~ ~ ~ ~ _ booster Pum t~ltion ~ ~ ~ ~ ~1 I ~ ~ 1 0~ 1J~~e~ern Center ~Ivr~ ~ ~ _ ~ ~ of ~ ~ ~ W i I I 1 ' ~r l1 l ~ ~ I i ; ~J ~ H I `M E u- I ~ 1__I J J ~~I~ ~I ~ I i f -N OC r• I I ~ ~ ~r,~ 1 • _ _ ~ h - ~ ~ ~ ~ I ~ ~ i ~ ~ -CIT ES BLVD? _ UVAT UGA R[1 L ~ ~ Jy. WE fl~l~ CENTER BL1~D ~ I ~ . ~ I ~ ~ Y _ 1 _ ~ I I r- ! ~ ~ ~ , I , _I Imr~rl ~ III i ~ ~ ~ ~ I l t ,7 ~ I I ~ . , r e~ ~ , ~ ~ ~1 _ . I ~ I I~ ~ I ~ ~ ~ ~ 1 „~'i I ~ I t ,'7_ NE L~~P 1 I ~ _ . - ~ .~rP J 1 ~ ~ j u - - ~ ' ~ 1 I ' I i ~ ~ t / i _ + ~ ~I ~ Jf/ I I 9 ~ y` I ~ ~I i ~ , ~ I ~ ~ ~ " i 1~6l~il®~I N 11 ~I L ~ ~ ti I L ~ ~ GLENVIEI~ aR - ~ ~ Il¦i I ~ ~ 4 i 1 ~ _.i ~ ~ .I 1 F ~ ~ .~1 ~ . _ ~ ~"I ; ; CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2006-23 Public Hearing and Consideration of a Request from Cary Clarke Homes to Approve a Zoning Change from "AG" Agricultural to "RI-PD" Residential Infill -Planned Development (Located in the 9200 Block of Amundson Road - 4.339 acres) -Ordinance No. 2937 Case Summary: The applicant, Cary Clark Homes, is requesting approval of Residential Infill Planned Development (RI-PD) located with access off Amundson Road along the west and south of the Huntington Square office park. This item was originally heard and approved at the April 9, 2007 City Council meeting. At that time an additional condition was added to the RI-PD site plan. This condition would require the applicant to replace the existing wood panels between masonry columns with masonry panels on the existing fence located on the adjacent perimeter properties. The RI-PD ordinance was approved with this condition. Subsequent to the ordinance being approved the item was requested by a city council member to be reconsidered at the city council meeting immediately following the April 9th meeting on April 23, 2007. An affirmative vote by the City Council for reconsideration and amending the ordinance was approved. Due to the item being approved by ordinance in order to amend or remove the item the zoning case must be taken back to the Planning and Zoning Commission and the item reheard. Typically zoning change requests cannot be brought back for consideration within a six month period from the original public hearing by the applicant, but under this circumstance the item can be reheard due to it being an action initiated by the City Council. The item was taken back to the Planning and Zoning Commission public hearing process. It was discussed with the Commission that the only intent of the City Council sending the zoning request back was based on the desire to remove the condition that required the applicant to replace the existing wood panels between masonry columns with masonry panels. The following information is included as reference to the RI-PD zoning request. Existing Site Conditions: The site currently has a residential structure located on the northeastern portion of the tract near Amundson. The tract has tree vegetation scattered along the same area as the structure. The topography is slightly sloping to the north and west. Thoroughfare Plan: The site's primary access will be from Amundson Road, with secondary access via an emergency access gate to Precinct Line Road. Comprehensive Plan: The Comprehensive Plan depicts low density residential on most of the proposed area. Plat Status: Platting will be submitted for DRC review at a latter date once zoning is in place. Adjacent Zoning 1 Land Use: North: "R-2" l single family East: "AG"l vacant (proposed office) South: "AG" /vacant West: "AG" l vacant (comp plan indicates low density residential) Land Use Summary: • Total acreage 4.33 acres • Number of lots 21 residential l 6 common open space • Gross density 4.8 d/u per acre (gross) • Open space .57 acres / 13% of the total site area Minimum Lot DimensionslSetbacks: • Min. house size 2,100 square feet • Min. lot area 6,300 square feet • Min. lot width 50 feet (58 feet avg.) • Min. lot depth 100 feet avg. • Min. front setback 20 feet building / 22 feet for garages • Min. side setback 5 feet • Min. rear setback 15 feet • Max. height 38 feet Development amenities: • Enhanced pavement in pedestrian crosswalk areas of street; • Landscaped open space areas with sidewalks; • Primary open space includes covered picnic area and landscape plantings; • Established Homeowners Association (HOA) will maintain open space; • Decorative tandem mail boxes; • Decorative street light fixtures Housing amenities: • 85% masonry construction, enhanced masonry front elevation; • Lots as indicated on site plan will have side entry garage; • Decorative wood garage doors; • Minimum lot landscaping requirements; • Enhanced roofing material Planning and Zoning Commission Recommendation: Approval by 7-0 vote of RI-PD request as originally presented (removing masonry fence replacement}. Staff Recommendation: Approval of amendment request. Location Map A I~ o ~ ~ ~ ~ ~r i Amundson Dr 1 I I I unYiln9t In Sq Cl~' ~l ~ ~ Hurst log r ~i~, al m ' _ m i ( ~ ~ it ~ I a` Y J 7 i 'I ~ ~ ~ I_ ~ I~ " N FAH ZC 2006-23 Zoning Change; AG to RI-PD; 4.339 acres i K Martin Survey Abs 1055, I r 3A, 3A4, and part of Tr 3V Highland Park 9200 Block of Amundson rtd. Pre ared b Plan nin 12/29/6 I I 1 I i I i iceet P Y 9 0 10o zoa aoo soo Eoo Exhibit A ~EC~I~TII~I BIN a ao ~ ol` ~ ~ i~ tie Tandy l I~tartin ~u?rey, bstrt hlo.1, Ta<~ County, Tom, and being all of gain try ~ mid in deed ~ ar~d Kama Clarke, as rerded an County cleric's file lea. D~~~r r~, d Ta~~~rt Ca~r~ty, texas and also being a por~on tract of land des~xibed in deed Mew {lua, et and retarded in ou,nt Clerk's File frlo, C~~0~667, ~ Rte, Ta~~~rrt bounty, Tear, said 4.~ acre tract being mare particularly desai~ed bows as fdlc~s: BEII~NIhI at a 1 irh n~pp step red faur~d in # ~ right~fr~ line of usan Rand (a v~iabie ~ right~f-ray}; T~~I~CE X00°'0'1~, slang tt wit lame of I~ab Hill arth, an alition to t#~e City of I~~rth ~ichiar~d Rills, Tarrant County, Texas arding plat ~rded in Volume 1, page f ~t lecards, T~~ ~rrt Currty, Texas a diste of x.46 feet #a a t inch s rod fa+~nd; THENCE ~00''R, oontin~,ir~g slang ~ lire of said fVob Hill North, a dist~nae of 08..5 f t~ a ~ irh std r faur~ far the s~st oorr~r of mid ~ Hill ~Varth; THENCE N'E'E, ~ tt south lMne of ~ hlob dill arch, distare of 1;~.1~ fee# to a n~ THENCE ~0~'0'E, lerir~g tt ~ Itr of std blab l`lill arth, a ditar of 7.8~ feet to a ire ~ pie of saMd ~elusque tray THENCE N9°~'7"UV, alpr~g ~ line of said Celusque l~~ct, a dir of f+ to a ~ rnch sfael rod found; THEI~#CE ~'S7"E, along the w+es# lire of said us'~ ~ a distance of 89~. feet to a 1 stl rod fr~d in ~auth right-afar lire of said rr~~~ ld; T#~ECE N~'°~i"~~'E, orrg said south ~ghty lie, a dis#are of feet to the lll~fT F BElhllrrlll~ ark tair~r 4.33 acres of land more or less. Excerpt from the minutes of the May 17, 2007 Planning and Zoning Commission ZC 2006-23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "RI-PD" RESIDENTIAL INFILL-PLANNED DEVELOPMENT (LOCATED IN THE 9200 BLOCK OF AMUNDSON RD. - 4.339 ACRES). APPROVED Chairman Shiflet opened the public hearing at 7:15 p.m. Cary Clarke Homes, 204 No. Dooley St., Grapevine, applicant, came forward and said he is here in support of the application as originally presented and will answer any questions the Commission has. Mr. Shiflet asked if this is basically what was previously presented to the Commission? Mr. Clarke said yes. David Barfield said he is the owner of the property to the south of this, the Martin Addition. He has no problem with the zoning but questions about the extension of whatever the storm utilities will be to his property because his property sheds water to this property. Without some sort of extension or easement or something, his property could not be developed down the road. Also the sewer at this point is in Precinct Line Road which is very shallow and he is not sure if the sewer can be accessed from that property. He would like to know about the extension of that and about what type of housing they will be building in thero the sizes and the standards. Mr. Bowen said he wanted to give Mr. Barfield information that the Commission has on the project. The RI-PD is a relatively new zoning category in the city. It is for small infill properties like this and the density starts with a basic R-2 density and with the extras that the developers put in sometimes they are allowed to raise their density a little bit. This is an example of that. The dimensions that we have hero the minimum house size is 2,100 square feet; minimum lot area is 6,300 square feet; minimum lot width is 50 feet with a 58 feet average; and minimum lot depth is 100 feet average. It is denser than the R-2, but we get extras with it-curved linear streets and things like that. This is getting popular. We have seen several of these lately. Eric Wilhite said some preliminary engineering has been done, but full engineering has not been done as the applicant is still going through the platting process. Brenda Cole said the Commission did see samples, renderings and photos of actual houses that Cary Clarke has built in the past the first time this matter was considered. He will continue to build the same type of product. His homes are of very high quality and something that will be pleasing. Greg Van Nieuwenhuize said the current Land Use Plan indicates that the property to the south is to go residential and this site is designed to be able to accept the drainage for the future residential from the south. The natural flow of water is from the south to the north in this immediate area. Regarding the sewer, I am not sure if the applicant has submitted sewer plans. Being that this is a zoning case, I suspect the applicant has submitted some preliminary construction plans, but I don't have an answer for you on the sewer presently. The public infrastructure is all handled at the time of platting. Eric Wilhite clarified for any citizens watching and those in the audience why this RI-PD is back. Staff could bring up some of the elevations and what not, but as Ms. Cole mentioned, this is coming back having already gone through the Commission and City Council based on a recommendation for reconsideration by City Council. There was a condition that was placed on the RI-PD at City Council above what the Commission had recommended and that is the only reason it is back before the Commission. David Barfield asked if he would be notified again at the time of replatting? I served on this Board for 15 years and we normally did not notify for the platting. I would like the opportunity to look at that. Mr. Shiflet said surrounding property owners are not notified at the time of platting. Mr. Schopper said the best thing for Mr. Barfield to do is to get with the applicant, Mr. Clarke, and work any issues out. He likes good neighbors just like you do. Mr. Schopper said if he remembered correctly the issue here is the fencing between the subject and the commercial properties to the east. There are basically masonry post or pillars that have wood sections between them and we are trying to figure out what to do with that as opposed to a normal masonry screening fence. I believe the Commission recommended leaving it the way it is, because the fence is already there. Eric Wilhite said that is correct. There is an existing masonry column fence and portions of it have about a 3 foot masonry base with wood panels in between those columns along the existing office. The applicant requested they use that as part of their fencing. That is how it was approved by the Commission. Then it went to City Council. City Council put an additional condition that the wood panels in between the masonry columns on the existing fence be replaced with masonry. That is what initiated the reconsideration to send the item back to the Commission. Mr. Schopper said he wants to see what the applicant has to say about that. Whether it is more prudent to leave the wood where it is at, or are homeowners going to say "that's ugly" and want to replace the fence? Will we have double fences on some properties? Has the applicant thought about what he wants? Mr. Clarke said he thinks the reconsideration for City Council, which got us back here, is that they came to the conclusion after their vote, that it wasn't fair to ask me as the applicant to make improvements to property that actually wasn't mine. So what my desire is, what I think would be best for the benefit of our project and also for our neighbors at Huntington Square, would be to see about improving that fence. That fence has the basis for a very nice fence, but it is in somewhat disrepair. So what I would like to do is to come up with awin/win situation to see about working with them to improve that situation on maybe a cost sharing basis that would be a nice amenity and benefit to both sides. Short of that, I could probably put up a six foot wood stockade fence all the way around it, which wouldn't be very attractive and would be fine on our side, but I don't think that would really be for the benefit of everybody. Once this requirement is removed, my goal is to contact the individual property owners. I believe there are eight different property owners so I will generate some cost estimates and go visit with them individually. At this point I cannot tell you if I will get one hundred percent buy-in or not. It seems like it makes a lot of sense because sooner or later they will have to improve their properties, since the fence is falling apart. I don't know what kind of cooperation I will get. That is my goal and my desire to make it a win/win situation and make it improved for the benefit of both projects. Mr. Schopper said the reconsideration by the City Council is a classy thing to do. Mr. Clarke said absolutely, he is very happy about it. Mr. Shiflet said to Mr. Barfield that two of his other neighbors, Mr. Gray that owns the large tract of land to the west and also one of the other owners to the south, were present for the first public hearing, and expressed concern about the drainage as well. I know that the drainage will be looked at closely. Chairman Shiflet closed the public hearing at 7:26 p.m. APPROVED Brenda Cole motioned to approve ZC 2006-23, seconded by Mike Benton. The motion carried unanimously (7-0). Property Owner Notification .r-~~~ \ Y Y/ =~~s~-~~.~ NTIE OF Pl1BLl HE~4f1N = :rte r ~ ~~r-~ I~ 1~ O~ NORTH IFiLAN~ HALL f ~LANNINAN~NIN OMMIION EIUNIL a : A~~IMan~~ r Nor ism L~~~t~on: Boo ~Ar~~rnd~l~ ~d. ~4. r~ Y You are receiving #his notice bec~~se you ire a property owner of recerd v~ithin 200 feet of the property sh~wr~ on the attached mapF Purpose of Pubic Hearir~~ A public ~~ring is hein~ held to can~~~r ~ requet frar~ any larl~a Hor~~s to r~on ~ ~3 acres of land from Ari~ult~ral to ``RIrPD" R~s~~entil Infill -Planned ~~relo~r~ent, located ~n 9~a Black of A~,r7don Rd. Public Hearing schedule: Puhli~ H~~ir~~ date: RLANNfN A~1D 2ON~N OMN~II~IV 1`HU~~AY, MAY ~7t 2007 If recar~r~er?ded for approval by the Planning aid caning omrnissi~r~, this awning request will be heard by the pity our~cil on: CITY ~~NIL MONDAY, JI~Nf ~ 2007 Bath fe~~ings dime: 7,00 P.M. Bath f~~~i~gs L~atian: CITY OUNIL DI~AMBEP 70~ N. E.1.0OP 02~ If tau have and goes#ion or wish #c submit a petition or letter concerning the above request, please contact: Pl~r~ning ~e~artm~r~t pity of North Ri~~lar~d Hil~~ ~3a1 Nor~~east Look Noah Richland Hills. Tx~s ~6~ $a Rhone X27-6aa Fay ~8~ 47-6a3 Property Owner Notification List Donna I~cler~dan Properties LP Mary Jane Dailey Huntington Ulfood~ Investment 0288 Huntington q 30 vl~inding creek Dr ~~~7 Nob Hill Dr N. Richland Hills, TX 751 Sa Feller, T 7~~48 N. Richland Hills, T 751$0 Family LP The Triv~rest Group Inc, David Barfield X09 UV l~a~ Gak Dr 985 Huntingtan q ate ~ 00 58~~ Nob Hill Dr clleyville, T~ 75D34 N, Richland Hills, TX 75180 N. Richland Hills, T~ 7580 Gigi A Lee D Cent & Lisa Davis lVlatthew Deluque 592 Preoinot Line Rd X81 ~ Nob Hill Dr X910 Ridgebend Dr N. Richland Hills, TIC 7518D N. Richland Hills, TX 7618 Grapevine, T~[ 75051 J L 1Nhirley Jae & Fdith Gray Mark Shannon Holmes 921 Amundson Dr Gray Revocable Living Trust Amundson Dr N. Richland Hills, TIC 7518D 9215 Amundson Dr N. Richland Hills, TX 7~ 80 N. Richland Hills, T?~ 751 ~ Joe Pete ~ Ruthelene Lile Douglas & Suzanne Yaunke Billy ~ Linda Jackson 7001 Oak Hills Gt 7005 Oak Hills Gt 7504 Spanish 4al~s Dr N. Richland Hills, T7L 80 N. Richland Hills, T~ 751 N. Richland Hills, T~ 7518 Troy ~ Rita Gray R ~ Y Carberry Properties LP Herbert & Mary Green 7000 Live yak Dr 1711 Timbergrove Cir 7005 Spanish Oaks Dr N. Richland Hills, T 751 S~ Dallas, T 7508 N. Richland Hills, T~ 7510 G reg L aye 7001 panih yaks Dr N. Richland Hills, TIC 75180 . . 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' I. 4527 1hEST 5'ATE HIG84VfAY 914 9001 AIRPORT FREEWAY, SUITE 670 T105 CHEEK SP,'dR^rkR ROAD .=-xr5~l.~~C x~+'dxC a~•• SUI1~ 500 N4F11~I RICtILANb :"ILLS, 7E%AS 761.90 C4tLEltiIILLE, 7EXA5 76A34 !?'t4xT71rCJ1~+6i "ard'~ UAf eQW OC+rS+F.? FYS'JC.A',~4+!" ~€wSEb: 4dAROH 29r 1007 GRAPEVINE, TE7SAS 76051 (617 589-2900 617 2662214 RE~Sfb: V1AR6H 1, 2047 - OOPiTACT: ALLISON 4Ew<USC~uE [di7~ 589-f»96 Fllk ~817~ 282-6ka4 FAk RE47SEp: FEBRUARY 7. 2007 RE~SED:.IAMU,FRY 22, 2067 CONTACT ~CEITrI HARMAN CONTACT: JA50N RAWkJNGS RE47~0: JANUARY 18, 3007 ZC 2006-23 ~,ti,.y„ - I~„o I C y, _ ~ mil, ~4EtCPEN 8' NRCCir l~ . .t' - rxe s ~ AECNREI) IRUM FENCE k ~,r z.+r~' *G `~-i':~~.~ PRCPOSRp FEHCE AY GrfVELOPER frraacrc] ~ ~ .N, ~ -r GE+~LCPE~ REflUIRES ~ PROF~7EEp ; I~ ''fC~ I- FEHCE Ca4ERfb fi' Y~ti'JGH_ PR~pSEp a~ ~laar fi' 11GH ~iASOfV'R'" itiF[R ~ W" F,N~',22'SYE fiA4.a}` PI~+IIC AAA IRCk FEHCE ~ I I~~t - 1.~..... __T~~~ SOREEHIH6 WALL. _ ~ ~ tti _ ~ _.yrv~ a _ . 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FARE AH AgpiTlgN Tq THE CITY {7F Nl()RTH RICH~ANp HILLS, TARRAMT Cgl1NTY, TE%A$ ANd gEI~JG 51T~lATEU IN THE TAH6Y K. ~IARTIH 5<IRVEY~ AB5TI2ACT Nye 1D55 I~GEND Frsrm smE sir u~xr DECE~I~ER BOOB 21 RE5EDEMT~AL LOTS 4.33 ACRES 0"' r we?na~ 5 CgMMd~h# OWN SPA( LaTS CO~IMOC~ ~1PE#J SPACE~DETENTIOt~ LOT 1 PHIUATE STREET LOT O'INJE:R E1~..4PER; ~4 F~ ~ SUR4EYd~Tt; GARY CLARKE HUhiES, INC. Q k Y QE'vELGPMET+ET ~3a RELCH ENGINEEIdING, 9iC. MOAK Sl1R4EYGR5, kNC. ~d4 N. GCICLEY STREET 1327 WEST STATE RIGHWAY 134 94!31 AIRPGRT FREEWAY, SUITE 67a 1!@5 CHEEIf SPARGER RCIAL} R~41$F,p lNARCH 29, 2iGp~ GRAPENNE, TEJtAS 79U5E SUITE 5DG N{7RTH RICHLAND HILLS, TEXAS 79196 C01].EYIitLLE, TESA5 78034 RENSE~: MARCH t, 29(17 CON FACT: GARY CLARKE i~AWEViP4E, TEXAS 78051 8T7 599-2946 {817 29&-2$l1 REVI9E0: FEBdtIlARI+ 7, 2067 CONTACT ALI.150N OELUS6UE 9T7 599-099i? FAX {937 29231401 fAX RE115Ep: dANUA~Y ?z, 2007 CONTACT: KEITH IiARMARt {)ONTACF; JASON RAHi1N65 REVISED: JANUARY I&. 2007 iC 2tf06-23 ORDINANCE N0.2937 ZONING CAS E ZC 2006-23 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 BY REZONING A 4.339 ACRE TRACT OF PROPERTY AND MODIFYING AN RI-PD SITE PLAN TO ELIMINATE REQUIREMENTS PREVIOUSLY APPROVED; 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 4.339 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A by approving the site plan attached hereto as Exhibit B without the following stipulation: The existing fence shall be modified by replacing wood portions with a masonry product. 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. 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 AND APPROVED on this 11th day of June, 2007. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2007-01 Public Hearing and Consideration of a Request from Clifford Land Company to Approve a Zoning Change from "AG" Agricultural and "I-1" Industrial to "RI-PD" Residential Infill-Planned Development (Located in the 8800 Block of Mid-Cities Boulevard - 7.685 acres) -Ordinance No. 2938 Case Summary: This zoning change request was originally heard and approved at the April 9, 2007 City Council meeting. At the time of the original approval additional conditions were added to the RI-PD site plan as follows: • Increase the six (6) foot height of the wood stockade fence indicated on the perimeter of the development to eight (8) feet in height; • All perimeter fencing (wood stockade and masonry) to be constructed by the developer at the time of development improvements; • The wood stockade fence be extended along the east boundary line of he development along Lot 29, Block A (open space) and ending at a point even with an imaginary line projected east from the masonry wall indicated along Lot 1 (open space). Subsequently to the ordinance being approved it was requested by a city council member that the item be reconsidered at the city council meeting immediately following the April 9th meeting. An affirmative vote by the City Council for reconsideration and amending the ordinance was approved at the April 23, 2007 meeting. This action provided for the zoning request to be taken thru the process again in order to amend or remove conditions. This process is required due to the item being approved by ordinance. The case was taken back to the May 17, 2007 Planning and Zoning Commission and the item reheard. Typically zoning change requests cannot be brought back for consideration within a six month period from the original public hearing by the applicant, but under this circumstance the item can be reheard due to it being an action initiated by the City Council. The item was taken back to the Planning and Zoning Commission and public hearing process. It was discussed with the Commission that the only intent of the City Council in sending the zoning request back was based on the desire to remove only the condition that added the requirement of the eight (8) foot height wood stockade fence around the perimeter of the development, and that the other conditions remain. While it was only the desire of the City Council to remove the condition of making the perimeter fence eight (8) feet in height the fact the zoning case is being taken thru the public hearing process allows all items included in the zoning change request to be evaluated. If it is the desire of the City Council for all other conditions as previously added to the approval, the motion to approve should include said conditions. The following information is included as reference to the RI-PD zoning request. Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered throughout the site. The site is predominantly flat in nature with little topographic relief. Thoroughfare Plan: The site's primary access will be from Martin Road. There will also be pedestrian access to the south by a pedestrian access easement connecting to Mid-Cities Blvd. Comprehensive Plan: The Comprehensive Plan depicts mostly low density residential uses in this area. Adjacent Zoning 1 Land Use: North: "R-1-S" & "R-3"/Special single family & Single family, respectively East: "AG"l Vacant (comp plan indicates "NS" and low density res.) South: "AG" l Vacant (proposed "NS") West: "SUP" l Legacy Church of Christ Land Use Summary: • Total acreage 7.68 acres • Number of lots 30 residential l 3 common open space • Gross density 4 dwelling units per acre (gross) • Open space .68 acres / 8.94% of the total site area Minimum Lot DimensionslSetbacks: • Min. house size 2,000 square feet • Min. lot area 6,300 square feet • Min. lot width 55 feet (average 58 feet) • Min. lot depth 110 feettypical • Min. front setback 15 foot building / 22 foot for garages • Min. side setback 3 feet and 7 feet • Min. rear setback 10 feet • Max. height 38 feet Development amenities: • Enhanced concrete pavers in pedestrian crosswalk areas of street; • Landscaped open space areas with sidewalks, open space pockets at entrance; • Open space includes pavilion and landscape plantings; • Established Homeowners Association (HOA), will maintain open space; • Decorative tandem mail boxes; • Decorative street light fixtures Housing amenities: • 85% masonry construction, enhanced masonry front elevation; • Articulated rear elevations on lots facing property boundary; • Decorative wood garage doors; • Minimum lot landscaping requirements; • Enhanced roofing material Planning and Zoning Commission Recommendation: Recommended approval of RI-PD zoning change request by 7-0 vote. The Planning and Zoning Commission's intent (as shown in the attached minutes) was to allow the perimeter fencing to be six (6) feet in height as opposed to eight (8) feet, and all other conditions indicated on the site plan including the perimeter fencing (wood stockade and masonry) to be constructed by the developer at the time of development improvements; and the wood stockade fence be extended along the east boundary line of the development along Lot 29, Blk. A (open space) and ending at a point even with an imaginary line projected east from the masonry wall indicated along Lot 1 (open space) be required. Staff Recommendation: Approval of the RI-PD Zoning Request. Location Map ~ Mam-, i i II]~ !~i''\~I~,IIIII~IIIIIIIII L ~I f,~ i ~ ~ i ~ ~ .I , ~ - Mid-Cities Blvd 1 ~ Jo I~ E ~ ~ N A N FAH ZC 2007-01 Zoning Change; AG/I-1 to RI-PD; 7.685 acres Brynwyck 8800 Block of Mid-Cities Blvd. ru u i i iFaa~ Prepared by Planning 2/21/07 o i25 zso soo ~5o i,0oo Exhibit A ~~~r~~~ ~ar~~~~-in~, it~c:, 1. (i 1 5']'': R [7 f~ R [1 t F ~ S I I'? ~ I ~ \ ~ l~ R E~ 7~ R ~I7~rli~l~ ~)i.+: k~a~ 11C~-,'} I \ _r+l to FIELD TE ~r~il ~ripti~n for trt f land in the T. Itrtir~ fur, btrat Nurr~r 10 fit f arth ihl~n~ F--liil T~rr~nt our~t, Tc end being por-ti~r-~ of "Trt 1 dribd in #h ~ to ?radia Land ~rtnr , Ltd,, ~o~dd in Irl' File Nubs D, ~d, Tarrant unt, T, and bin drid b rat and bounds ll~: 11EI in the north dine of slid-iti~ ~oul~~r~rd t the outhv~ot oornr ~f id Trait X11; Th~nc forth dgr inuto or~d ~t ditar~~~ of ~ feet along tk~ west ling of Traot I to the PITT F BE~I~ of the trt horain d~crib~d; THENCE I~rth ~ d~gr r~inut ~~onds East ditno of ft t~ the youth ling ~f ~Jla~~tin Foa~d and to the north vat oornr of Trt I: THE11~E Guth d ogroo r~inut eoond Est ~ dig#anoe of ~ . fit along the ~ut#~ Iin of Martin Road to ~ I'° iron pin fund for the riot narthrl northoat oorn~r ~f Trt 111: THENCE ~~uth o0 daro ~1 rr~inut oond East ~itano of ft t~ a 1~" iron pin found for north~at oo~n~r of Trt I: THANE North degrees ir~uto ~ ooor~d East a ditano of ~ ~ feo# to 112" iron pir-~ f~ur~d for an angle p~ir~t in the mast o~tf~rl~r north ling of Trait ~1I: THENCE oufh dree 4~ rr~ir~uts seoond East distnoe of .~o fit to tr v~rooden fen posts fir tho most ~st~l r~~rtht ~~nr ~f Tra~ot I11: THENCE youth ~0 der ~ riute 0~ ~or~d East a di~r~o of ~g.~ foot t~ „ iron pig found for an and point ire the east ling of Traot 111; THENCE uth ~0 degree ~ min~tos ~ econd East ditanoe of ~ ~ feet, continuing along the st lino of Tract 111: THENCE youth 8 degrees routs ~ soo~nds lost a distar~o f 0.~7 ft to tho PINT OF ~EINNiN, paid dsoribed tract ntining Soros ~f land. Fre4~ Motes based en the survey performed ~~~O~i~7 by f2agerUV. Hart, f f'.L.. Nurnber~~~4, Public Works Sign-Off Letter IT' ~ hITH IHL~AhIL~ HILLS I T~ Sri 1I'ilhit, thief Pl~r~er FII~~ e~olir~e W~~r~r, i~ril ~ngi~eer ~JET* r~enr?~k HIPS - ~ ~T~: lrh ~ubli '~"orl his rerriW~ the I~~ ~oc~~rent un~itted to tf~i ~ffic Irh Plr~rre ~evel~~t ~i~e Plr~ ~r~fr~rr~r~ +~n~rr~rrf: If r~cs~ er~~nt be lute ~t the time of ~rlirr~in~r r~~d fir+l ~Itti~g, With. the r~~riW the ~~om~~n~ring I~r~. ~,rtrr~~~ ~rr~rrr~e~~: note that ~~rie~r W~~I got be p~errni~e~ t~ ro ~~er~ ce lot Pre~ir~nr Public I~~t~~re o~trut~~o~ Pl~r~ f+~br~~tte~d e~h ~.f4 t the tyre thr~ are n rue With the ~'r~lirr~~nr ~u~~ lr~fr~truure otrut~o~ ~Ir~ hil'~ W~I~d impact the IP site plr~~ Thy ~I~r~ WN~~ he ~elu~t~~ Wit~i the ~reliir~~r Plat.. ~u~ I~ , ~,ro~ rti I its The ~bli impro~rer~e~f necer for the ~b~wisior~ ir~cl~u~~ the ir~t~ltion of W~tr r~it sWrr rive, n~ pant fili~ie, Thy or~trctor~ of t~se puh~ic i~fr~strutur ife i re~uir~ fir the ~ee~o~rr~~r~t ~f the ~uhiiio~ ~ ~rpoe~ the ~eveler~ Thr~efore, the deeloer Will b r~~uire~ to urn ~ of the ~m~un~ rquirei fwr ~h puh~i infr~str~ture ifpr~urn~nts Which will k~e in~i~cte o tl~e fine pproed~ ~ubli~c infrtruct~re ontructic~r~ pln forthe ub~ivisi~n. The bo ~eterr~ir~tio~ f ~ro~~rtic~n~lit i ~e ~p~ursu~nt to ~ecti~n ~1, Tee Lel ~oernr~r~t ~d ~ the ur~c~ersin~ profin~l ~giner i~ the ~m~l~y~ of t i~ o ~~kh ihln ~--lill, lic~~sec~ h the fte ~f Ta~~s. Thy ~uk~li 1Jrl ~fi~ ilf ~ ~lbl t r~ ~urt~~er ~iiu this rough ~r~~r~i~~,~ir ~~t~~~~~i~tic~~. T~ ~~prl~r~~~r~nr rn~ ~i~ut t ~r~a~~r~ir~li ~ ~ ~ina~ia~r~ h ~ilir~ ~rrir~ ~~N ~f this pr~~r~i~an~li ~te~ 1 ~ ~intivr~~ ~I~r~ with ~1 ~c~~i ~h ~~~I, with i~ ~t v~it~it~ ~ der ~ the c~t~ cif ~ Inning a~~ ~r~ir~ r~ii~. Thy ~~~~I hl~ r~pi v~~l~ +i~ ~ 1'. . d~ 4 ~~c~l~lr~'~1~r, i~ril ~ngin~ Excerpt from the May 17, 2007 Planning and Zoning Commission Minutes ZC 2007-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLIFFORD LAND COMPANY TOAPPROVEAZONING CHANGE FROM "AG"AGRICULTURAL AND "I-1" INDUSTRIAL TO "RI-PD" RESIDENTIAL INFILL-PLANNED DEVELOPMENT (LOCATED IN THE 8800 BLOCK OF MID-CITIES BLVD. - 7.685 ACRES). APPROVED Chairman Shiflet opened the public hearing at 7:27 p.m. Cliff Harris, 7952 Davis Boulevard, North Richland Hills, applicant, said he is here to support his project and will be happy to answer any questions. Mr. Shiflet said he knows that Mr. Harris was before the Commission previously regarding the same project. Can he explain how the project is back? Mr. Harris said he is in the same situation as Mr. Clarke with the fences and the reconsideration of the height of them. Eric Wilhite said this RI-PD went through at the same Planning & Zoning Commission meeting and the same City Council meeting as the previous item just heard. On this particular issue, City Council took the Commission's recommendation of approval and added a condition that was passed that everywhere it was indicated as 6 foot wood stockade fence on this particular project, that the height be increased from 6 foot to 8 foot. All the other conditions are exactly the same as what you previously saw and what is indicated on this exhibit. One of the City Council members requested that staff bring this back forward to them by a motion of reconsideration. That motion was approved and hence we are bringing the item back to the Commission to get reviewed again and approved for a new recommendation to the City Council with the removal of the extra height requirement on the wood stockade fence which was indicated on the site plan to go as 6 foot not 8 foot. Mr. Schopper asked what the landscaping will be where the fence is located? Eric Wilhite said the landscaping on the fence of the common open space lot will be owned and maintained by the Home Owners Association, and will be something similar to either pond cypress or wax myrtles, a fairly tall evergreen type shrub, will be along in that area as well as regular ground cover type landscaping. On the rest of the portion of it, which will be other people's back yards, there will be a tree and whatever shrub planting and landscaping they do above and beyond on their own. Mr. Dennis Lang, 8800 Martin Drive. I have lived here for 30 years and used to shoot dove from the back of my truck. We have lived there a long time and I don't want to hold back progress. When this project started, the main thing we were talking about is fencing. That is exactly what the Commission is talking about now and what these people are here to argue about tonight. When I talked to them and they approached me about my property, I said well if you are going to do that, I would like to have a privacy fence. The applicant said no problem we are going to put a fence up. I agreed and we all got along. We went to City Council and they agreed to put a fence in and requested an 8 foot fence be put in for our privacy because they are putting these homes in on people that have lived in this area for a long time. We are used to our privacy and yet this is going to happen. So we got an 8 foot fence and so now we are back to the argument and politics of trying to save money and lower the height of the fence. I don't agree with that. I don't oppose the fence size on the west side of their project because that is pretty open anyway. I would still like to maintain the height of the fence along our side and maintain our privacy and our neighbor's privacy next to us as well. We were there first and they are squeezing in and that's fine but we shouldn't have to put up with their the reason we bought our property was for privacy. The reason the neighbors bought their property was for privacy and now it is imposing on us. That is why we would like to maintain the fence height of eight feet. Ms. Cole asked where his property? Mr. Lang showed his property on the exhibit and his neighbor's property that he used to own as well and atone time was his son's house and since then has been sold to a physician. She has expressed the same thing. They are both very happy that the City Council gave them--first of all, the fence was to be constructed before the project was to be started, which would protect us from the workers and the people over there, and the dirt, and the problems that go with it. That was a good item that the City Council gave us. The 8 foot was a real nice thing to give us the privacy we like. Adjacent on this side are horses and farm land and so it is still a very special thing with those people with the horses Joann Payne. It is where we have been for thirty years and here comes the thing that is going to start up and we can't stop it, but we would like to have something that would protect us a little bit. We were very pleased the City Council gave us the 8 foot fence prior to construction. Mr. Shiflet asked Mr. Harris on the west side from Mr. Lang's property line, approximately how close would the house be? Mr. Harris said the open space is roughly 15 to 20 feet wide, then the street, then the lot. Mr. Shiflet said that is one of the things done at the previous Public Hearing that the Commission did discuss and address that even though the property line is there, that you still have a significant distance between the closest residence there on the west side of Mr. Lang's property. Mr. Harris said there won't be any residences on his western border. There will be a significant border with the street and the open space. His southern border will have backyards up against that fence. Ms. Kay Lang, 8800 Martin, we have been there 35 years, not 30, and I think what the problem we are seeing is that the street that is going into this subdivision is going to run parallel to our driveway. That is why we are concerned about our privacy because we are going to have cars and sidewalks with foot traffic as well. So an 8 foot fence was music to our ears because when we walk out our back door, we are going to have cars, 10 or 15 feet away going right down where our driveway is. Do you understand? Mr. Schopper said the Commission does understand. The issue we are looking at is 8 feet versus 6 feet. The 6 foot fence is a done deal. I believe 8 foot fences are obnoxious. We have required those before, and then when we get out on the site, we look at it and think that is ugly. There is one right off of Davis Boulevard that we ended up coming back and knocking it down. When we actually saw the fence out in the world, the 8 foot looked obnoxious. Ms. Lang said there are some 8 foot stockade fences that are obnoxious. I put an 8 foot fence as a screen between myself and our neighbors so we weren't looking in their garage. At the top of it, we have lattice work. There is a way to make it look attractive even though it is 8 foot tall. It doesn't have to be a cut and dried stockade fence. At the back of our property we have an awful pole barn that has been there for 35 years. It looks to me like you would want to cover that up so the people living in these $300,000 homes are not looking at our stuff that we have had back there since day one because we used to have horses. It is a rural piece of property actually. That is my concern because my husband said when they first talked to us, the road was going to be on the west side and we would be looking at the backyards of these homes. Now we are going to be looking at the road and the houses are on the other side. That is a big difference because we are going to have people turning into that subdivision right beside our driveway. Mr. Schopper said he is thinking that if you were going to have to look at anything, it would be better to look at a less obtrusive fence because the cars are all going to be less than 6 foot tall that will be going down the street so you will not see any of those. If I am looking at houses out my back or side window, I'd like to look at the pretty fronts of them and their front yards as opposed to their backyard. I am just rationalizing. Ms. Lang said he is not in her backyard so he doesn't know what she is looking at. You don't know the perspective I'm coming from. Mr. Schopper said where he is coming from is that the property in question is zoned Industrial. We could build boxes over there. Ms. Lang said yes you could but then I think you would have to put me up a masonry fence. Mr. Schopper said yes that is true but it would be 6 foot tall. Ms. Lang said we are not happy about a stockade fence, but we have accepted that and the fact that it was to be 8 feet tall. We were ok. So we went from a masonry fence, to an 8 foot tall and now we are back to a 6 foot tall stockade fence. Mr. Schopper said he was even considering asking her husband if it would be worth it for them to pay for the height of the additional 2 feet but I don't think that will matter because it will be ugly. You know what I am saying? Sometimes bigger is not better. Ms. Lang said sometimes, but in this instance... Like they said, well you are really going to like the greenscaping. I've got greenscaping. I don't need any more greenscaping. What I want is when I walk out my back door, then I am not looking at a car driving down beside me. You know when they first opened up the street across from us for the subdivision across from us we had people coming down our driveway thinking it was an extension of the street. I am not sure how many people we will have driving down our driveway thinking they are going into the subdivision. It is an unknown. Soto me the higher the fence is the better. Thank you. Chairman Shiflet closed the public hearing at 7:41 p.m. Mike Benton motioned to approve ZC 2007-01, seconded by Brenda Cole. The motion carried unanimously (7-0). Mr. Bowen advised Mr. Lang he will have the opportunity to address City Council when the item goes back to them. Property Owner Notification r ~_~j NOTICE 4F PUBLIC HEARING .i J- CI ~ Y OF NORTH RICHLAND HILLS r~x~; PLANNING AND ZONING COMMISSION CI ~ Y COUNCIL Case ZC 20Q7-Q1 Applicant: Clifford Land Company Location: 8800 Block of Mid-Cities Blvd. ~1.fi85 acres) You are receiving this notice because you are a property owner ~f record within 200 feet of the property shown on the attached map. Purpose of Public Hearinr,~~. A public hearing is being held to consider a request from Clifford Land Company io rezone 7.6$5 acres of land from "AG" Agricultural and "I-1" Industrial to ~RI-PD~ Residential Infilf - Planned Development. located in the 8$00 Bock of Mid-Cities Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING C~MMI$SIQN THURSDAY, MAY 17, 2047 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council an: C17Y CQUNCIL MONDAY, JUNE 11, 2Q47 Bath Meetings Time: 7:d0 P.M. Soth Meetings Location: CITY CQUNCIL CHAMBERS 7301 N. E. LOOP 82d If you have any questions ar wish tv submit a petition or letter concerning the above request, please contact: Planning pepartment Ciky of North Richland Hills 7301 Northeast Loop 82~ North Richland Hills. Texas 76180 Phone (877} 427$300 Fax (81 r7 427-6303 Property Owner Notification List hllicke ~?1anda Gilbreath James F~~tri~ia V~'hite Jarnes Karer~'inl4le f~~~~ Blake t Make t fi~~4 Blake Ct N~ licl~land Hills, T ~1 ~ I~, Richland Hills, T hJ. Richland Hill„ T l1 ~0 anal ~ tac~e er~~ntes eett P Grrr~on Bu~id~ l~rilyn Bcri~ner Ghiltc~n ~r Ghlten ~r ~4~~ ~hiltan ~r C"~. Richland l-~lills, T ~6~~~ ~l. Richland Hill, T ~`~8 GPI. Richland f--lil~l~, T. ~~1~ Better Jean Yc~un+~ Legacy church cfi lyrist Linda l~ranach 8~ Hudser~ t h~lid-Gities~ Blvd lU1~r~in I~r N. ~~ichland I-~ill, TIC ~ 1. Richland Hills. T ~1 ~ N. Richland Hills, T ~enni~ lay Lan+~ Di~cie Jo Ann Payne Arcadia Land Partners ~ LTI~ Martin [fir Main Cdr IVlaple Aare, ate 11 N. Ricl~lar~d Hills: TIC l~'1 D Al, Richland Hills, T ~~1 ~ Gallas, TIC 71 ~ Trade Ewa den Lauca FLF' Farms LTC ~ louder cue L~'alker Ase~c. Inc. Martin [fir I~G Box ~ Br~okride ~ fV. 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I I I' l + r.l~"" w'' i I ~ 'ir.i.-fir-f ~r--rl ..~ti~.;}i..~i_.~i ~.a~.yr_4--i'~r!~-r ~ n+~ ~--'~ai.~~_.:~. _ _ = - L h.,'.,u ~ ~I:. m g- _ _ _ I ~ - ~ II I i i .7-, ? - - ~ _.i - - ~ ~II ~ III' i ~.I '?r- =F. 1 t~`P CAS M-~~JINC~ ~!_~y~tIC7N 1 ~L - '.5 1 I 1 ;'~5 _ _ iS'~' ° ~ ,,~r S~ r I ~ aia I.. r;~ Jx~ 2 _ L ~ ' ~3i 1 ~i ~'3 ~-3 I~ / w II ~ ~ ~II - ~1. L ~~~._I~i~fl~fil~-T-q1T-I._..I..I_.-~i-iT_.~-~~Tfi~~T~--~~ I-i_I. 1~!-T'q-1~~ _~`~£~4~= ~ ~ ~ - ~ g _ a ~ _ ~ ~ i )f~~ ~ ~~~t~ 'iw a T~'pf~,~,l~ R~~i~ ~~~V~rTIc~N i w fr _UI 51°991 M1C, S 1 U 1 ~'9~5~: ~p~ 444~...~~~ ~~~t~r~ ORDINANCE N0.2938 ZONING CAS E ZC 2007-01 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 7.685 ACRE TRACT OF PROPERTY BY APPROVING AN RI-PD SITE PLAN WITH DIFFERENT REQUIREMENTS THAN PREVIOUSLY APPROVED; 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 7.685 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A by approving the RI-PD site plan attached hereto as Exhibit B, with the following change: Reduce the height requirement for the eight foot high stockade fence to six feet 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. 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 AND APPROVED on this 11th day of June, 2007. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. C.3 Subject: SUP 2006-08 Public Hearing and Consideration of a Request from E.J. Gutierrez, P.E. representing JEA/HydroTech Engineering to Approve a Special Use Permit for an automated car wash (Located at 8409 Bedford-Euless Road} -Ordinance No. 2939 Case Summary: The applicant, Mr. Charles Rogers, is requesting a Special Use Permit (SUP) for the redevelopment of an existing vacant development for the purpose of renovating the structure and site which formerly operated as a Goodyear Tire and Auto service center. If the site was to reopen with the same type automotive type land use an SUP would not be required at the location even though the current land use regulations require automotive type land uses to obtain a SUP, since the property would have legal non-conforming rights. But since the primary land use is changing to an automated car wash the change in land use type requires a SUP. The applicant is requesting through the Special Use Permit site plan process that sidewalks not be required along the public right of way since none currently exist. Chapter 110 Subdivisions, Section 110-42 Variances, provides for variances to the subdivision regulations. Section 110- 372 outlines the requirements for sidewalks to be placed adjacent to all public street right-of- ways. The Planning and Zoning Commission has recommended variances from these regulations to the City Council. The City Council shall determine such variances based on findings by evidence presented that: (1) conditions upon which the request is based are unique to the property and not generally applicable to other properties; (2) the tract has peculiar physical surroundings, severe topographical conditions, or unique environmental qualities worthy of protection; (3) a hardship to the owner would result rather than a mere inconvenience or; (4) the variance will not have an adverse effect on the intent to these provisions or the comprehensive land use plan. SUP Site Plan: Existing Land UselSite Attributes: The site consists of an existing tire and auto center. The existing structure has three overhead doors on the front and rear elevations. There are parking areas located on the north (rear) and south (front} of the existing site. The proposed car wash facility includes renovating the building utilizing most of the existing structure and include alteration of site circulation. Thoroughfare Plan: The site has primary frontage on Bedford Euless Road, a 4-lane, divided, principal arterial with a 120 feet R.O.W. with an additional access drive from Blackfoot Trail. The site also has frontage, but no access drive, on the east bound access road of Airport Freeway 121/183. Access to the proposed car wash facility will be primarily from Bedford Euless Road and Blackfoot Trail. This section of Bedford-Euless Road is located in the City of Hurst. All access shown from the site to Bedford-Euless Road was coordinated with the engineering staff from the City of Hurst. Comprehensive Plan: The Comprehensive Plan indicates commercial retail uses for this area. These uses include a variety of commercial uses including automobile-related services, retail trade and business services. The applicant's request is in compliance with the Comprehensive Land Use Plan. Adjacent ZoninglLand Use: North: Airport Freeway - SH 121/183 Interstate Highway East: "C-1" l commercial South: "C-1 retail/mall West: "C-1 "I gas station Site Design Features: Special Use Permit applications require the submittal and approval of a site plan along with a landscape plan and building elevations. The following features are noted on the site plan. Building Design and Materials: • The existing single story masonry block building will be redeveloped with some additions and renovations; • The building is oriented with the primary front toward vv. Bedford Euless Road; • The facility will have two primary areas of operation, the long portion on the west will be the auto wash, with the section on the east as the interior cleaning and detailing area; • The front entryway exhibits architectural features including metal canopy over a glass front with brick pilasters and cast stone walls. The front elevation has building articulation and meets the city's architectural standards; • The applicant is also requesting to utilize an existing metal building to the rear of the site and reface the west elevation with building materials used for the main building; • Building materials consists primarily of cast stone, brick and split face CMU. All elevations indicate no EFIS; • A dumpster pad site is located on the north side of the building away from public view on Davis Boulevard. Materials used to enclose the pad site are consistent with those used on the building. Access and Parking: • The site has direct access to Uv. Bedford Euless Road, and Blackfoot Trail; • A 4 feet sidewalk is shown along the entire front of the site; • A 24 feet Fire Lane from Blackfoot Trail; • A total of 31 parking spaces are provided (23 spaces required). • The applicant is also providing for future outside storage of vehicles on the back of the lot in a screened in fence area. Landscaping and Screening: • Through the SUP process a variance to the required landscaping is being done. Because of the limited area of the site and it being a redevelopment the 15 foot landscape buffer along the entire perimeter street frontage can not be accomplished. In order to offset the width the landscape plant material required is being increased significantly above what the required numbers are; • Minimum required area landscaping (15%) and parking lot landscaping (5%) have been exceeded; Signage and Lighting: • The site plan indicates a monument sign located at the northwest corner of the site and a pole sign along the highway frontage road; • The sign elevation's indicates that the proposed sign is consistent with current regulations for materials, sign face and total square footage requirements; • Two wall signs are indicated, one above the main building entrance and above the secondary building entrance. Both signs are consistent with current sign regulations; • The applicant has indicated that the site will use wall mounted lighting to illuminate the site area. Planning and Zoning Commission Recommendation: Voted 5-2 for approval with the following conditions: 1.) traffic control measures be addressed with City of NRH, and City of Hurst, 2.) sidewalks along access road, Blackfoot Trail, Bedford-Euless Rd. not be required. Staff Recommendation: The redevelopment of this site for the proposed automated car wash is consistent with surrounding land uses. Since the previous land use as a tire and auto repair shop could remain and operate as a legal existing nonconforming use, it is the belief of staff that this adapted reuse is an opportunity to create something better to what would be allowed to remain as the site currently exists. The case is made stronger considering the fact that this is a difficult configured tract and the proposed site and landscaping improvements are substantial upgrades. While the use of an automatic carwash is not totally consistent with basic retail uses as shown on the comprehensive plan, this renovated building and site improvements will help improve the aesthetics of the area and will serve as a positive along this busy stretch of Bedford Euless Road. Staff recommends approval of this request with sidewalks being required on at least Bedford-Euless Road. Review Schedule: Application: 12/26/06 Final Hearing: 6111/07 Total Review Time: 24 weeks Location Map ~ ~ y`~ - ~d ~1 Q r m t Bedford Eutess Rd City +af Hurst N ~ SUP ~QQ~-08 Special Use Permit Automated Car Wash 84Q9 Bedford Euless Rd. V I I I t' q I Feet Prepared by Planning 113IU6 o s2.~ ~2~ 2~o s7s 5oa Exhibit A III that ordain tract or parcel ~ land I}~rin~ and big situated ire the E.. harder ua abstract loo, Tarrant o~~t, Te~cas, and being ~crtion of Tov~n country Estates, ~ filed of record in 1lelun~e ~ ~I r Plat eccrd of Tarrant bounty, Teas and being all that certain called acre tract of land coneed .lllf, Io~er deal Estate In~restrnenta, Ltd., s filed of record in cunt clerks File 1, ~o7, deed ecrds f Tarrant cunt: Teas, and hein~ more particularly described ~ r~etes and bounds follouv: BEIIIV a TAT concrete r~onurnentfound at the intersection cfest line of ~lackfot Trail and the south Cin of airport Freev~ar state F#ihra ~ ~ , said ~cint Fein the northeast carver of said e~ers Tract, for the northeast corner of this tracts THEIE youth '1" East, along the vest line ~f said ~laclfoot Trail, distance of 4.7 feet to a T~~T encrete rcnur~er~t found at the ire#ersection of the vuest line of Blaclfoo# Trail and the north line of Bedford EuCless load, paid point being the southeast corner of said Rogers Tract, for the eutheast corner of this tract; THEl~1E l~lorth hest, aln the south line of said tract and kon the north ling said Bedford -Euless dead, a distance f ~1 ~ feet to a loch iron rid set} tl~e southrest earner f said er Tract, ails being the southeast corner of that certain trt ~ Ir~d con~re~rd to 1~ooniecho's Far~il~r, Inc.} a Texas cr~cration, according t~ the deed filed cf record in bounty ler~c~s File ~~010~0, facial Public eoords of Tarrant unta Tea, for the south rest corner of this tract; TI-IEE Ior`th West, along the west line of said egers Tract and along the east line of said '~ccr~iechc Tract, at a distance of ~ 7 ~ . fee# pass a capped iron rod marled "Trnysterns}" contir~ui~ng along tl~e east line cf a tract of land con~reed to Fire star Pro~er#ies} as filed cf record in llclur~e Page deed ec~rds of Tarrant bounty, Te~cas, 'rn all a dis#ance of X41.1 feet #o a TAT concrete on~trr~nt found in the south line of ir~ort Free+ay, the northeast corner of said Fj~e star Properties Tract and the northrest corner of said Rogers Tractt fof the northrest corner of this tract; THE1E lrth bo~4'g?~' East, along the south line of said Airport Fre~ray and along the north Cine of said Rogers Tract, distance of ~4~.~ feet tc the P~ F BEIIII, and containing acres of land, more or less. Excerpt from the May 17, 2007 Planning and Zoning Commission Minutes SUP 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JEAIHYDROTECH ENGINEERING TO APPROVE A SPECIAL USE PERMIT FORAN AUTOMATED CARWASH (LOCATED AT 8409 BEDFORD-EULESS ROAD) APPROVED Chairman Shiflet opened the public hearing at 7:42 p.m. Ed Guiterrez, Principal with JEA Hydrotech Engineering, 3610 W. Pioneer Pkwy., Arlington, TX 76013, came forward. Our firm is representing Mr. C. W. Rogers, the owner of the site referenced. Briefly our proposed project consists of both site improvements and the renovation of an existing tire retail facility formerly operating as a Goodyear Store. We propose to convert the existing tire retail building to an automated car wash facility. With regard to the land use, the automated car wash facility we propose complies with the Comprehensive Land Use Plan that allows automotive business enterprises to operate. In so far as the renovation of the existing building is concerned, we propose to eliminate the use of two bays with overhead doors by removing the structural components in the exterior wall for those particular bays. Secondly, we plan to construct a new facade that would consist of tan cultured stone covering all of the corners of the building and also apply a stucco finish on new and existing exterior wall surfaces. By eliminating the bays, more land becomes available for us to provide the landscaping features that we propose as you can see on the exhibit. We have directed special efforts and attentions to providing a very well developed and densely planted landscape plan. Thanks to the staff, we are able to diligently to work up what we believe to be a fine layout. We also believe that in conjunction with the building improvements, we will elevate not only the aesthetics of our site, but improve the visual impact of both the surrounding areas as well as the site. On a further note, I'd like to share with you that we have incorporated the modifications of the Bedford Euless Road drive approach into our property as we also outlined in our Traffic Impact Analysis. Also, as recommended by the City of North Richland Hills and the City of Hurst officials, these modifications are shown in the packet passed out for your review. The detail of page CS 1.1 will give you a brief overview of how those will be implemented. We will develop full construction plans to give you the concrete raised island. With this in mind, we request that you favorably look upon the redevelopment of this site and approve our SUP request. I will be happy to entertain any questions that you have. Eric Wilhite described the site in further detail. When the applicant first came in to the Development Review Committee (DRC), DRC noted that the Land Use says this project would require a Special Use Permit whether that be a preferable type land use. Taking into consideration that this is currently a tire automotive service center, it could operate as that if someone else besides Goodyear or whoever wanted to do that, as long as that operation stayed the same it could go on for perpetuity as a legal non-conforming use. So when the applicant came in we knew it was a difficult site to work with. It is an adaptive reuse. We kind of looked at the redevelopment potential of the site. It is a difficult site because it is narrow and deep for commercial type projects we see. Obviously in order to reuse it, there are lots of building setback issues that exist. There was no way you could use the site and meet the landscape buffer requirements. So coming in with a new car wash facility and having a SUP mechanism gave staff a lot of latitude and really work creatively in the redevelopment process and the design with the applicant. It has been a fairly long process because it has been difficult. It is a different type of land use than the tire retail use that it was and so as mentioned the Traffic Impact Analysis had to be done. We looked at the potential of the reduction of the 50 foot landscape buffer around the perimeters. They are working with three street frontages which would typically even taken more property out of use for onsite development because there is a 15 foot landscape strip all the way around. In lieu of doing that in areas where there was potential when they relayed out the design, they increased the landscape plant material that was used and at the intersections it increased it to very close to the 15 foot that would be required. Staff believes the landscaping and the building renovations will enhance the existing facility that could go back into use as a tire retail center. As one street is controlled by the City of Hurst that the site fronts, the Public Works Department has been working with the applicant. Staff went ahead and put this on the agenda for the Commission's consideration because it had been such a long process. The Traffic Impact Analysis was still going to be worked on. They have planned to some extent with what was needed with the raised island and the traffic control devices that are needed on Bedford Euless Road. However, we still probably need to make as a condition for approval by City Council that Staff did contact the City of Hurst and there are a couple of issues relating to this that still need to be addressed before we take this forward to City Council. The applicant has been forthcoming to get these taken care of and this should not be a problem. Another item, on the larger site plan typically on redevelopment or new projects, by code, sidewalks are typically required along the public right-of-way whether they are there now or not, they have to be placed. There would typically be a sidewalk required along Bedford Euless Road, Blackfoot Trail, and Airport Freeway. Based on this being in somewhat of a redevelopment area, the applicant kind of looked at it and the Commission may want to discuss this with the applicant further. Staff's belief is that sidewalks are probably still necessary and should be required but the applicant is going to ask through the SUP process to grant an essential variance for that because there are not other sidewalks at this time going across some of the areas so there might not be a lot of potential pedestrian traffic going to this facility. We look at the overall opportunity to increase and bring things up to standards where there opportunities are without being too laborious we think on that. That is another item for your consideration. Mr. Schopper said he wonders if you could even cross this street as a pedestrian there. Mr. Wilhite said he personally did it twice when he went to look at the site during his review of the applicant's request to get a feel for what the request. I think there is potential for more sidewalks to be at the site. Staff has not gone out and down pedestrian usage counts. Mr. Schopper said Mr. Wilhite is saying that probably Bedford Euless it is a good idea to have a sidewalk there but Airport Freeway and Blackfoot Trail are probably not going to have sidewalks. Mr. Wilhite said has seen people walking on the eastside of Blackfoot Trail because it is a little more accessible for one thing and there is a fast food restaurant that people walk to. When I went to the site, I saw no reason for pedestrians to go on the former Goodyear side. As far as the Airport Freeway side, we are just being consistent with a couple other site plans, that were just approved at the Staff level for new development and redevelopment and we have required sidewalks in those instances as well. Mr. Schopper asked if adding sidewalks makes the site unusable parking and traffic flow wise? Mr. Wilhite said no because the sidewalks would end up being in the public right-of-way. They are a public facility so they would be outside of their required landscape buffer within our parkway. My understanding from being out there, there is room for the 4 foot sidewalk behind the curb or off the curb to meet the design standard as far as I am aware. Mr. Benton asked if Staff could require the applicant to put money in escrow for future sidewalks? Mr. Wilhite said that is one avenue to do that. That is typically done if there are planned future street improvements so it doesn't just go in and get torn out. Normally on new development or when new construction is happening we want the sidewalks put in because the escrow covers it at today's price not the future price. I would have to talk to the City Attorney to find out if this is an avenue or option at this time. It is still going to be upfront money out of their pocket before they actually do construction. It would be part of their building permit to have that secured and taken care of before they start construction. Mr. Schopper said that is the problem why doesn't it have sidewalks now is because everything is paved. You really don't need a sidewalk it is all pavement in every direction you go. Mr. Wilhite said everything is paved and I don't know that sidewalks were required back when this facility was built. That is just an item staff wanted to bring up. Mr. Shiflet asked if the sidewalk on Bedford Euless Road be 4 or 5 foot? Mr. Wilhite said it would be required to be 4 foot by code. Mr. Shiflet asked what about the freeway side? Mr. Wilhite said the freeway side technically is 5 foot. TxDOT would dictate that so it goes 6 foot. Our code has certain street classifications that require 4 or 5 foot. I believe Bedford Euless Road even though it is a good sized street still falls under the classification of 4 foot. Mr. Charles Rogers, 404 Northcrest Road, Fort Worth, applicant said this has been an interesting project for his company. Mr. Rogers said he has been a developer in Tarrant County for over 30 years. He is former president of William Rigg Realtors which was sold in 1999 and for the past 10 years has been in development business. He has built a 550 car parking garage in downtown Fort Worth which is leased to the Star-Telegram and Fort Worth Club. He did a residential development called Rivercrest Landing in west Fort Worth which was very challenging and the topography drops from 700 feet to less than 600 feet at the bottom. There were 15 lots developed and I also built several homes there. I am currently building a facility in the Lynwood addition of Fort Worth for a charitable trust that will be mixed use. We think this is a great piece of property. It did have more challenges than I realized when I bought it. I think we have come up with a plan that will work very well in this area. We have been working on the carwash idea for two years and did a lot of research and visited with many people in this industry. This will be a flex wash where people will have the option of coming in for a full service car washlinterior clean or for an express drive thru wash. The car will go through the wash and then the customer has the option of pulling around to the express detail area or leaving the car wash. We are not concerned about the right hand turn only out of the site, because people who are wanting to go the other direction on Bedford Euless Road have the option of going around and coming back up Blackfoot Trail and making a right hand turn. We think that will work fine. We are pleased that the City of Hurst has agreed that we can have the left hand turn off of Bedford Euless Road into the car wash. Mr. Benton said he likes the landscaping and it looks really nice. I like the idea of all the stonework the applicant is going to do. I am concerned with the canopies. What are the canopies going to look like? Mr. Rogers said the canopies will be what you would typically see on a carwash. They will be a colored canvass. Obviously what we want to do is make this building stand out. We are using pretty calm tones on the building-beige and brown-so there is not a lot of color. The canopies give us the opportunity to introduce some color to attract people into the car wash. Relating to the sidewalks, I have spent a substantial amount of time on the site over the last 10 months. I have been there almost every day of the week. If the Commission tells us we must put the sidewalks in, we will. The concern that we have is that by encouraging pedestrian traffic on that, we are encouraging people to make the trip down to where you intersect with the turn coming under the access road under the freeway. Directly in front is the overhead with a u-turn for people coming in there. There is really not anyplace to go. We thought to encourage people to do that would be detrimental to them and plus they have to cross a driveway that we are hopefully going to have traffic coming in plus then they go into the Conoco station and have to cross another driveway. There are sidewalks over on the other side of the street and I think it would be safer for them to go that way. Mr. Shiflett asked on the other side of what street? Mr. Rogers said on the other side of Bedford Euless Road at the mall. Mr. Cooper said the applicant shows in the exhibit of the cars coming out after the wash making a right hand turn. How many cars can be backed up? Just say it is during Christmas season with all the traffic on Bedford Euless, how many cars can be backed up? I am sure you can control the car wash stop it from inside but approximately how many cars will fit from the car wash exit to the road? Mr. Rogers said he does not know, but he can have the engineers do a layout. You are correct. At both ends of the car wash there will be attendants. One guy at the beginning of the car wash helping people getting on the car wash to make sure they get on correctly. Another guy at the end will help them get off the car wash and make sure they know where to drive in they are getting additional services or if they are leaving, which way to go to get out. Mr. Cooper said he was curious if there was control of the traffic flow. Some of the other car washes I've seen or been to, the vehicles really stack up. Mr. Rogers said the tunnel washes are able to run a car through very quickly but it is possible that you could have some congestion. We can manually slow the car wash down. We can stop it and not let anybody else out. The guy at the end will have a hand held unit that will give him control over that. Mr. Wilhite said that staff was really concerned with the queing space not only at the entry to tunnel area but also at the kiosk. That is why it is imperative to keep two lanes. There was some discussion atone time that there might have to be a fire lane through the kiosk area and if it only went down to one lane that would severely impact what the Traffic Impact Assessment we did but also as people come out and que up if they can get two cars through at a time that is why it is so long from the kiosk to the beginning of the car wash so they don't end up backing up and blocking the drive onto Blackfoot as well. Staff tried to look at a lot of those type of design issues with the applicant as well. Chairman Shiflet closed the public hearing at 8:04 p.m. Bill Schopper motioned to award creativity and approve SUP 2006-08, with traffic control measures that are in agreement with the City of North Richland Hills and the City of Hurst, seconded by Mike Benton. Chairman Shiflet asked what about sidewalks? Mr. Schopper said he agrees with the applicant on the sidewalks. He does not want to encourage pedestrian traffic to that part of the world. Mr. Cooper asked if we are talking about sidewalks on Bedford Euless or other parts too? Mr. Schopper said he is talking about the way the project is proposed with no sidewalks and with the addition of the traffic control measures. We are assuming the applicant's newest package included the island. The proposal went from having speed bumps and paint to adding the island. Chairman Shiflet said you have the island in the middle and the painting where Hurst is now saying they'd like to have the bumps. Mr. Schopper said what we are saying is that the plan has to be in coordination with both city's traffic management requirements. Greg Van Nieuwenhuize said the exhibit on the screen is what the applicant submitted today and from talking with the City of Hurst today they want even beyond that. Mr. Schopper asked if the motion made "with traffic control measures in agreement with the City of North Richland Hills and the City of Hurst" should cover any further traffic control agreements between the cities regarding this site. Greg Van Nieuwenhuize said that is right. Mr. Benton asked if there could be a sidewalk requirement on the Hurst side of Bedford Euless Road later on? Mr. Wilhite said that would be Hurst's requirement on the Bedford Euless side since it is their street. As development continues, even if we do something down on other streets that the development is on our side but the street is actually Richland Hills or another city we would typically still require sidewalks as part of the development. Blackfoot is definintely all North Richland Hills as is the access road. Mr. Cooper said he wants to understand this. We want to discourage pedestrian traffic on that side of Bedford Euless and put it on the other side where the traffic is running into the mall. Mr. Schopper said no, we want to not to encourage pedestrian traffic to the west of Blackfoot because basically what you have is people walking to the convenience store and to the Jack In The Box and people hitch hiking along Airport Freeway. That is your pedestrian traffic and city planners out there counting stuff. So basically what we have is a motion and a second as proposed just with the traffic control nothing about sidewalks. What your point was the traffic control doesn't mean we are saying if Hurst wants a sidewalk we are not putting a sidewalk in. Mr. Shiflet said he would like to ask consideration on, and I think that you've done a wonderful job on this, but I really have strong feelings that a sidewalk is needed at least on the Bedford Euless Road side. Blackfoot is a cut through street both directions. Airport Freeway the service road is a whole other matter. You are going to have grass on the site that will be mowed. If there is pedestrian traffic there, then they are going to be walking across the grass or cutting through your parking lot potentially damaging trees, landscapes, irrigation, and things like that. My personal feeling is that on a 5-lane road that carries traffic that Bedford Euless carries to not have a sidewalk I just see that as irresponsible on my part and I can't go along with that. I am saying that offering a friendly amendment to the motion. Mr. Schopper asked just on the Bedford Euless side? Mr. Benton asked where would you stop that at? Mr. Schopper said you'd start it at Blackfoot and stop it at where the convenience store does not have a sidewalk. Mr. Benton said the convenience store parking lot you would end up walking across and then it will direct you across Blackfoot Trail. Mr. Schopper said yes, and you would have to do the handicap thing down Blackfoot Trail so you would basically get across this property on the pavement of the convenience store. Mr. Benton said he is concerned that it is going to make people want to run across the street right there. That could be a dangerous area right in there. I like the idea of sidewalks, I am always real concerned with that busy of an area and that corner. Kids get over here, want to run across from the convenience store.. . Mr. Shiflet said he hears everything being said, but I think if we don't do the sidewalk there are going to be on the applicant's property or be out in the street. This is a way to make it safer. Mr. Cooper said he supports that too. He would really like to see a sidewalk on Bedford Euless Rd. Chairman Shiflet called for a vote on the motion. The motion carried (5-2). Randy Shiflet and Steven Cooper voted against. Property Owner Notification `~.HL~q ~ NOTICE OF PUBLIC HEARING r ~ CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION ~EX~`~ CITY COUNCIL Case SUP 2006-08 Applicant: JEAIHydroTech Engineering Loca#ion: 8409 Bedford-Euless Road You are receiving this no#ice because you are a property owner of record within 20Q feet of the property noted above and shown on the attached map. Purpose of Public Hearing_ A public hearing is being held to consider a special use permit request from JEAIHydroTech Engineering for an automated car wash facility. The property of interest is located at 84Q9 Bedford-Euless Road. Public Hearing Schedule: Public Hearing ?ates: PLANNING AND ZONING COMMISSION THURSDAY, MAY 17, 2007 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY CQUNClL MONDAY, JUNE 11, 24U7 Both Meetings Time: 7:Od P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP $2Q If you have any questions ar wish to su#~mit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 Norfh Richland Hills, Texas 76180 Phone (817} 427-6300 Fax (817} 427-6303 Property Owner Notification List City of Hurst AILS Real Estate Inc Mate of Texas Planning and ~on~ng ~a24 E ~'ipelirle Rd P~ Box 68fi$ ~ 5~~ Precinct Line Rd Hunt, T X805 Fort Wirth, T~ 711 ~ durst, T 7604 Yoaniecl7o's 1=amity Inc Five Btar Properties Property I LLC 8~~~ V'V Bedl"€~rd Mules R~ P Box 1~ c1o ~ Re~alty~ Advisors LLC Hurst, T~ ~~~3 Fart 1North, TIC 7fi~ 3~ ~ lD Avenue of the Arr~ericas Neu Fork, N~ ~ 19 McGuire Properties Ltd Bank of America TIC 1illiam and araie Pruitt ~5fl2 Creenvilie Ave ate C~~p Real Estate 1 ~~14 lead~aw True Cir fails, Tit ~~23~ ~ N T~ran t i~allas, TX 1245 Charlotte, NC 28255 . . X ~ r ff NOTE; R§~,n,µ ' 'is, ?Ii~GE?~If~fn61P8 i' { rihllhl, ul.llh i. 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I as r~ria mxnlra~,p STAI~dR~ o-i a,o-ao-aYo-o-~a<raBr„a....o- o3n..o-3s„a o-.o.; [ dm'SYal:rr y, iy. heHlr d~ra~'a,ct.~, ~ ~ ~~rl~~,~rg~lw.,wkr+l~.~,«.I~.,w,-. tl df 12 8Ci101-d3 ly a idh ,rkoN •M--aa ~ saa~ Ip, , a~Ywv , n~law . E_m~l~w,~9 ' ,A• .,I ;,:,v rrauvl uur°a;y _ NieSp 11'RN:ai YNiJ; ~ V~~ 1 r J ~arkwlos•a uh:., sYxl~ I. wr~...,~w.t c YW ~ _ - - - a } T k Ctii ORDINANCE N0.2939 SUP 2006-08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE REDEVELOPMENT OF AN EXISTING STRUCTURE FROM A TIRE AND AUTO SERVICE CENTER TO AN AUTOMATED CAR WASH; 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 and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property described by metes and bounds on Exhibit A hereto, and granting a specific use permit and approving the site plan attached hereto as Exhibit B to allow the redevelopment of an existing structure from a tire and auto service centerto an automated car wash. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills 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. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 11th day of June, 2007. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. C.4 Subject: ZC 2007-07 Public Hearing and Consideration of a Request from Terry Fredeking to Approve a Zoning Change from "AG" Agricultural to "R-1"Residential Located in the 8300 Block of Cardinal Lane) -Ordinance No. 2940 Case Summary: The applicant, Mr. Terry Fredeking, is requesting to rezone a .949 acre tract from "AG" Agricultural to "R-1" single family residential for the purpose of constructing a single family residence. Comprehensive Plan: The Comprehensive Plan depicts low density residential development for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: This tract has access on Cardinal Lane which is considered a local street with 50 feet ROW. Surrounding Zoning 1 Comp Plan designation: North: "AG" agricultural /single family East: "AG" agricultural /single family South: "AG" agricultural I retail West: "HC" heavy commercial /retail Plat Status: The applicant has also submitted preliminary and final plats that are currently under staff review. Existing Site Conditions: A single family structure and an accessory structure are located in the southwestern portion of the tract. This structure is proposed to be removed with the platting of this tract. Planning and Zoning Commissions Recommendation: Approval by 7-0 vote of the rezoning request. Staff Recommendation: Approval of the rezoning request. Review Schedule: Application: 3119107 Final Hearing: 6111107 Total Review Time: 12 weeks Location Map 1 1 r ~~f f ~l H7 Q j l ~ _ ~ ~ ~ I ~ w°, G / ~ E ~_~a Cardinal Ln. ~ fr r Mid-C~t~es glyd. ~ - ~ I I_I~11E ~I N ~ zc Zoos-o7 honing Change; AG to R1; .949 ac Abs 130 I r 2B 8300 8iack of Cardinal Ln. r 1 r ~ ~ ~ I (Feet Prepared by Planning 3122107 v 100 200 400 60o Soo Exhibit A ~~II~G ~ TRACT aF LAND ~~r OF ~ CARLOW S~~vEF A~ST~AT ~ 1~D ~E[ND THE SAME TEAT F LAr~D AS ~ESCPI~ED OEED REOORDED I#~ TARRA~#~T ~O~JTY, TEAS, [~E~D ~EORDS, TARRANT Ol1~IT1~, TES, A~1D BEING pE~R~B~D A FOLLOWS; OLUi~E ~~~7, f~'A~ ~EII~NIIVD 11~ THE OEhITERUN~ ARDII~fAL LANE FAR THE S~IJTHEAST CORN GE~RIBEDt SAID P~II~T BEII~O L~~ATEQ 0.4~ ~'~ET S~~1TH ~EOREES ~O ~+IINER ~F AT BEI~10 ANQ ~01.~~ FEET ~1T~ OEOREES ~ MINUTES 6 SEOI~~S WEST FBOI~ THE ~S ~ ~ EO~DS EAST OF LOT 1, BLOI ~t ~l1NN~`BROK ADOPTION, ~4N ADDIT~Or~f TO TFfE OfTY ~F NOR SHEAST ORER TARF~AI~T O~UI~TY, TEXAS, AOORDII~G TO TF~~ PLAT RECORDED III O~II~ ~BS_ j ~ RIOHL~ID HILL, F~E~R~S, TARAt~T OU~VTY~ TEXAS; ~7, PAGE 51 f RLAT THEHE SO~T~I 8~ D~O~~~S 9 I~II~UTES 4~ ENDS WEST X03. ~ 9 FEET TF~E SOUTHWEST GORIER ~F TRAOT BEING D~SO~IBE~, SAJO ~~II~T 8EIN0 S~UA~~N SAf~ OENT~RLf~IE T fiRAT I~ LANG AS D~SRIBED I[V DEED REOORDE~ III OL~~~ i PAGE ~HF.AT ORNE~ ~F TARRANT ~~JI, TEXAS; DFED REODPQS, THENO~ NORTF~ OEOR~ES 1 I~IN~ITES 11 SE00~105 NEST D.3.~D FEET aAID TRACT OF LA~1D AS ~ESO~fBED ~N DEED R~~~[DED III 1~OLUh~~ ~ 9~~ P~4 THE E~4ST l~N~ ~F f ~ F~Uf~~ EAR TAE ~IORT~iI~EST ~~RNE ~F TT BEAN ~~~RIBE~, SAID P~II~IT~~~ fi~ 1 ~ iR~~V ~lESTEPL~ SOUT~IHIEST CORNER OIr A TRACT F LANp AS DEO~IBED P pEEp RE~~R E,H TFfE COST ~~81, RAGS SEED REOCR~S, TARRA~IT C~UI~TY, TEAS; DED Ohl 1~OL~11~E TH~NO~ hlORTH DECREES ~I[I~UTES SEO~NpS BAST X03.1 FEET AL~NO SA1D ~'RADT DF L~41D AS DESORI~ED IN DEED RE~RDED IH 11~~U~IE ~8~~ RAGE 6 ~ S~~1TH LI[~E ~F IRO~1 PII~ SET FOR AN ~I~SIDE CORNER OF SAID TRAOT ~F SAND DESO~~BED III ~4 TO A APPEQ '~~LI~h~E 4~B7f P~4CE X84 AND FAR THE NCRTH~T DOR~VER OF TRACT ~E~NO ~ SEED RECORDED ~N THENOE SOUTH OD OERE~S INIIT~S ~ 1 SEOOI~DS BAST 0,40 FEAT AL0~IORI~ED; SAID TRACT ~F LA~1D AS DESRIB~D ~N DEED REOORDEp IN OL~IIN~ ~$$7, PAGE 8 THE WEST L[~lE OF F BEGINNING AND OOI~TAlI~IN~ AO~ES OF LAID, SORE LASS 4 T~ T'HE POINT Excerpt from the Minutes of the May 17, 2007 Planning and Zoning Meeting ZC 2007-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TERRY FREDEKING TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1"SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8300 BLOCK OF CARDINAL LANE - .949 ACRES). APPROVED Chairman Shiflet opened the public hearing at 8:15 p.m. Mr. Fredeking spoke in favor of his request. He intends to rezone the property so that a future residence can be developed. Former Mayor Charles Scoma who resides across from this property also expressed that he is in favor of the zoning request. Chairman Shiflet closed the public hearing at 8:24 p.m. Eric Wilhite said that staff recommends approval. Don Bowen motioned to approve ZC 2007-07, seconded by Mark Haynes. The motion carried unanimously (7-0). Property Owner Notification C-~CH L~.'IO ~~~~~~~~~~x NOTlCE OF PUBLIC HEARING 2-~' C! ~ Y ~F NORTH RICHLAND HILLS TFXAS PLANNING AND ZONING CQMMISSiON CI ~ Y COUNCIL Case ZC 20Q7-07 Applicant: Terry M. Fredeking Loca#ivn: 8301 Cardinal Lane (.949 acres} You are receiving this notice because you are a property owner of record within 2Q0 feet of the property shown on Lhe attached map. Purpose of Public Hearin A public hearing is being held to consider a request from Terry M. Fredeking to rezone ,949 acres of land from "AG" Agriculi~ral to "R-1" Single Family Residential, located at 8301 Cardinal Lane. Public Hearing Schedule: Public Hearing Daies: PLANNING AND ZONING COMMlSSI~N THURSDAY, MAY 77, 2DQ7 If recommended for approval by the Planning and zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JUNE 11, 2007 Both Meetings Time: 7:aa P.M. Both Meeiir~gs Location: CITY COUNCIL CHAMBERS 7341 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: Piann~ng Department City of North Richland Hills 73fl1 Northeast Loop 820 North Richland Hills, Texas 76180 thane (8~7) 427-6300 fax {817) 427-5303 Property Owner Notification List Jack ~ Fre~e~cing earl J Peterson ~ J Ha~~ Live yak t 10 Dar~inal Ln ~80~ N Fi ~ Eu~ass, T 704 Fort UVorth, T 7~~ SD ~IRvord, T 7~2 B Parkners L#d harEes coma Dan R Vlloma~k X00 bark X11 P~Cwy ar~inal Ln to ~I~rer Lake ~r Fort vVarth, T 7~~ 0 Fort Uvorth, T l~'180 Halton it~r, T ~ ~ . . X rti. C.''{ ~ ~,rs~.;' . :-1 ~ :'1 L J;. rxT~M Y :+:IRU i :.ra+Rn ~ : r~* 1. W:14:. 1w ud -#r N I.r':Ypr:f1 -::?R:I .1.141 f:ii' F.°i {;i+ 1 I": R{ ::}R:'f:, 'N~114:{ C::I.#:-i Ir.d'.. a}#1 Ill:hll iP'Ir.21;1.} k; Itl C:d'.;: 'R.. •T14:: h 1°L. 'a'.4'GFGM[ q ':awihH. 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'_-1'.1iS marr d,r rlrf 5'T.2919,?t ,r.rt. ,e~~~fr.r~w' ~~t~rrav~:`><', ,a~~.5t•,F~J~t;~` :vr~- ~,3r~ .>11~L'ewu~t: ~-rrr• o-p' ,~~o~r~f rrrcrr~,r,<r r~~~cs. r.~~~~i[~'r eoz?,~J~rr1 rax:9ls I~'.'YG R~~I+N'sCN SIlh4F Y6H_~y INi: C~%R{~5 R, if!f]N5, ;IR' R',5 11>~2 h 5Y_g1~I,A P.11.F}.1A..;A, f I:a~ x -1A-~4 ti:I~12SQ iq?Sxl-- [dl -lj-u^ - rar,ah ORDINANCE N0.2940 ZONING CAS E ZC 2007-07 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 0.949 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1 (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 0.949 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R-1 (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. 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 AND APPROVED on this 11th day of June, 2007. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6-11-2007 Presented by: Eric Wilhite Agenda No. C.5 Subject: ZC 2007-08 Public Hearing and Consideration of a Request from Mark Comis and B.J. Reaves of Royal Building Corporation to Approve a Zoning Change from "AG" Agricultural to "R-1"Residential (Located at 8700 Amundson Drive) -Ordinance No. 2941 Case Summary: The applicant Royal Building Corp. represented by Mark Comis and B.J. Reaves, is requesting to rezone a .99 acre tract from "AG" Agricultural to "R-1" single family residential for the purpose of constructing a single family residence. The subject tract is located at the southeast corner of Amundson Drive and Simmons Road. Comprehensive Plan: The Comprehensive Plan depicts low density residential development for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: This tract has access on Simmons Road and lies adjacent to Amundson Drive. Simmons Road is considered a local street with 50 feet ROW. At the present time this street is in poor condition. Amundson Drive is a future 4-lane, undivided collector street with 68 feet ROW. Surrounding Zoning 1 Land Use: North: "AG" Isinglefamily East: "R-1-S" / vacant l single family South: "AG", l single family West: "R-2" /single family Plat Status: The applicant has also submitted a preliminary platfor review and approval. Existing Site Conditions: The site is currently vacant with some medium to large tree vegetation scattered throughout. The site is predominately flat in nature. Planning and Zoning Recommendation: 7-0 vote for approval of the rezoning request.. Staff Recommendation: Approval of the rezoning request. Review Schedule: Application: 4/9/07 Final Hearing: 6111107 Total Review Time: 9 weeks Location Map i ~ , ~ it ~I 5 `SS I 1, rIIIII k J i Ff~l y~~. f _ x•44 "`ry+ ~~S Y ~ fr ~ 5 d' fly 1 F ~ - ~ f ~1 f. ~ ~ e i ~ z .~di~ i ySiiti ~ . ~ ~ ,v ~ ~ 'yt'~ ~i71->rr ~ ~ i I I v aa•.rtw.~,..~,~.ai ~trr~# Sri ti ~ti 7 i i ~i Ire r _ ~ ~ - i~ r 4~'~ IN I 4 i~l ~ii i i ~ II ~ ~ i ¦ i ire ~~n ~ t ~~1, . ~ ~l ~ I ~ ~ ~~~t Pr~ar~ ~ Plan n i~ ~IC~ ~ ~ Exhibit A 5~ ~ tAS ~ ~ r~rr VI~I'~EI~ASr... ~~w. ~ ,O~II ~E1f~l~' ~f are ~ ~wf'~er`~ Tray ~w o~ #h~ follo~ring d~srid property ~aordi~g #ha D~~d a ~n 11~lume ~ ~~~e ire ~ ~ee~ l~afd, T~rran~ o~r~ ~ ~trd being ~ air land ~~t of #h~ I, Iw~ITI I~i~, Abp#~a# 1 ~ in ~ o~ a~#h R#~I~~ # ~ l~~ll~w ~arr~nt o~nt, and m~r~ rt~ularl de~cnb~~ bar r~~~e~ bo~n~a as ~~li~rr~: I r~ 1 B~gir~nin at a Spine at the ~n~~r~eotir~ ~f the ~V~rth ling ~f t~~rk give and #h~ Eo~t I~r~a ~f S~r~ons d~ E~ ~T`,`~~' , with the ~a~t l~n~ ~f Si~n~n~ ld, t ~h~ Sautl~e~t arr~~ #h a~rtain t~c~ nvey~d t m~li~ Herna~d~~ b #h~ ~ recorded a~ l~rurr~~~t ~~~4~~7t ~ ord~, ~~~t ~#~r, ~~x~~; ~ with ~l~e S~#h lira of eo~d Herna~de~ #ract, ~ ~ " iron din for the I~ork~te~~# orne~ of #~r~e a~~j# track ~H~I~ S ~'~'~0' E, poes~ng ~ 1 " Iron ~}n~ fn oll, I to ~ Ir~rr ~+n ~n tl h~orkh I~ne of Stevrart ~r~e; ICE '~0" 1~, alot~~ said Nord line, #o ~e II~?#T F ~~I~II~I~I~J arrd conolr~ing r4.4,~~ q~ar~ Feet Aire land, m~t~ or lei. Excerpt from the May 17, 2007 Planning and Zoning Meeting Minutes 11. ZC 2007-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST ROYAL BUILDING CORPORATION TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R- 1"SINGLE FAMILY RESIDENTIAL (LOCATED AT 8700 AMUNDSON DRIVE - .99 ACRES). APPROVED Chairman Shiflet opened the Public Hearing at 8:24 p.m. Mark Comis, representing Royal Building Corporation, the applicant, spoke in favor of the request to approve the zoning change. Chairman Shiflet closed the Public Hearing at 8:29 p.m. Eric Wilhite said that staff recommends approval. Mark Haynes motioned to approve ZC 2007-08, seconded by Mike Benton. The motion carried unanimously (7-0). Property Owner Notification 4......... ~ ~4H „t~-:z NQTICE OF PUBLIC HEARING ti, CI ~ Y OF NORTH RICHLAND HILLS r~xAS PLANNING AND ZONING COMMlSSIQN CITY COUNCIL Case ZC 2007-08 Applicant: Royal Building Corporation Location: 8T00 Amundson Drive x.99 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. Purpose of Public Hearin A public hearing is being held to consider a request from Rayal Building Corporation to rezone .99 acres of land from "AG" Agricultural to "R-1" Single Family Residential, located at 8740 Amundson ?rive. Public Hearing Schedule:. Public Hearing Dates: PLANNING AND ZONING COMMIS5IQN THURSDAY, MAY 1T, 2Q07 If recommended ftir approval by the Planning and Zoning Commission, this zoning request will be heard by tine City Council nn: CITY COUNCIL MONDAY, JUNE 71, 2007 Both Meetings Time: 7:D0 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 ~epariment City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (S17) 427-6300 Fax 1817} 427-6303 Property Owner Notification List Jasan Scott Henninger James ~U Armstrong Petor R ~rodz~i 8424 crystal Ln Harman Jared ~r oD Herman Jared Dr i'V. Richland Hills, T l~ 8o N, Riehl~nd Hills, TIC 8o Fork I~Iforth, T ~G~SO R~iph eh~b ~a~~ 1 or~et rnuifo Hernandez 8~~ Stewart ~r S120 Am~,ndan ~r Bea~o~n Nay N. Riohlar~d Hill, T 7~SO N. Richland Hill, T 1~1~o Fortlorkh, T 1~~40 Royal Building Corp L~rdia Lois Stewart David and Kathleen i~larthe ~4~0 or~i Dr 87oS to~nrart Qr 860 Amundson pr N. Richland Hills, TIC X180 N. Richland Hills, T 7~18o N. Richland Hills, T 7180 . . 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I I FAS A92-61a-pp24 ORDINANCE N0.2941 ZONING CAS E ZC 2007-08 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 0.9974 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1 (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 0.9974 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R-1 (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. 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 AND APPROVED on this 11th day of June, 2007. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6-11-2007 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2007-013 Consider Appeal of Rough Proportionality Determination for the Liberty Station Development In June of 2006, the City Council of North Richland Hills passed Ordinance No. 2887 establishing Rough Proportionality as the means by which a development is held accountable for its impact on public infrastructure. One of the aims of this ordinance is to assure that new development adequately and fairly participates in the dedication and construction of public infrastructure improvements that are necessitated by or attributable to the development. Since the passage of this ordinance, City staff has provided Rough Proportionality determinations as a matter of course during the development review process. In the case of the "Liberty Station" development, the developer wishes to appeal staff's determination to the City Council. According to the appeal language in the ordinance, the City Council shall determine whether staff's requirement that the developer construct certain improvements as a condition of approval is roughly proportional to the nature and extent of the impact created by the proposed subdivision on the City's public facilities. The proposed Liberty Station development includes approximately 19,600 square feet of retail / office development located at the southwest corner of Holiday Lane and Liberty Way. The Liberty Station development is designed with access via both Holiday Lane and Liberty Way. Both Holiday Lane and Liberty Way are designated as collector roads on the City's Master Thoroughfare Plan. Holiday Lane meets City standards with regard to width and pavement quality. Liberty Way is an "unimproved" two-lane asphalt street. For roadways, the "rough proportionality" calculation is an analysis of the capacity provided by a development compared to the traffic impacts of the proposed development. The determination is based on a simple "Supply versus Demand" calculation. The methodology employed to quantify Supply and Demand for roadways uses the unit "vehicle-miles" to measure the impact of site-generated traffic and compares it to the value (in similar units) of new roadway which would compensate for the increased demand on the roadway system. In the case of Liberty Station, the analysis reveals that the City is justified in having the applicant construct one-half of Liberty Way (540 feet frontage) adjacent to the development. In fact, the "supply" being provided is actually less than the demand placed on the roadway system by the Liberty Station development. Staff therefore feels that the proposed requirement of constructing one-half of Liberty Way is fair and is roughly proportional to the nature and extent of the impact created by the proposed subdivision. The letter of appeal provided by the developer's engineer focuses on the available capacity of adjacent roadways as justification for relief from the City's Rough Proportionality findings. However, the determination of Rough Proportionality is a finding of the development's impact to the system, and not just a capacity analysis. The distinction between "impact" and "capacity" is important. Evaluating impact is the goal of the Rough Proportionality process, which uses the capacity of our system, among other variables, as a tool in that evaluation. The presence of adequate capacity does not negate the impact of this development's traffic on the City of North Richland Hills' roadway system. Therefore, it is staff's opinion that the appeal does not warrant dismissal of the requirement to construct one-half of Liberty Way adjacent to the new development. Recommendation: Staff is recommending that City Council deny the developer's appeal and uphold the Rough Proportionality determination which requires the developer to construct one- half of Liberty Way adjacent to the development, to current City standards. ~I~ap ~r~at~d by ~IRH Puh~ic I~orks~ . . flf'lf III~SI.EY CT. . i i I I SPi~RGk=ON CT. I ' i kR~#rf I~IORSE BLVD. WHI I k•kEl_!,~ G k~, I s LIBERTY PACK ' BARBa4pQS DRIVE h#~RTH RICHLAI+I~} . ~ ~L BA~IAMR CT. p~~ I.IB~RTY TATI~~I B£ A ~T. ~ t } TRIN1pAp DRIVE s PINY, Inc Civrl~nvfrorrmental Er~glnears, Pler~raers Dallas , !"au# Worth ,14~dland , A c~stirr Pred~„~,sar Firms: G~lieme~ Smotrse! Wtlmut & Assoc. I~~. Waehing#ot~ ~ As~oc'sai5es, inc. May 2x01 MS. Patricia Hutson pity secretary pity cf Nor#h Richland Hills 1ST ~ ~ Loop 8~~ Nolt~h l~ichland Hills, T~ 7~~80 Dear MS. Hlf#5Dr1; This later is Concerning the rough proportionality de#ermina#ior~ for Libertyy Station a# the inters~ectior~ of Holiday Labe ar~d Liberty Way. The de#errnination is that we are being required to construct two (2) lanes of Liberty ~11ay as a concrete street along our frontage as well as the full intersec#ion oaf Liberty INay erifd Holiday Lane. We would Pike tc appeal this determination based on the intersec#iorr ~apaci#res, the roadway capaci#iss, al'~d the possibili#y of a reduotial~ the uehicle-mites driven in the area. The tra~rc impact analysis (TlA} #ha# was prepared by lnnoua#iue Tral~c Solutions indicates that the level of service at bath of #ha driueways, and a# the irr#ersectian of Liberty VVay gird Holiday Lane is at a 6 or better. This level of service is the same as tralt~ic conditions prior to development. As currerl#ly regrres#ed, the required road imprgvementS will replace a road wi#h the same capacity. As stated ire Mrs. 1Nagganer's letter dated May 9~, a collector read has a capacity ~f 4~~ vehicles per hour per lane, ~4iter this deualopmerr# is completed, ##~e rrraximum amount of or7e-way tragic that will be on Liberty Way is ~ vehicles in the peak i~our: The rnaxinaum arrlnt of ane`way tre~rc ors Holiday Large (a fOt~r lane road) rs B3 uehicles in the peak horlr nth of these traffic counts are under the capacity of the respective roadways. This development may reduce the r~urnber of vehicle-miles dr7uen in the area. With the irifusior~ of ogice and retail space in the area, nearby residents will be able to travel a shorter distance in order to commute yr to shop. Wrtt~ the gi~ren infersectian and r+aadway capacities and the possibility of a reduc#ion the vehicle miles dri+~en in the area, we feel #hat it is inapprvprya#e to reconsfrucf Liberty Way with #his development. Sincerely, Sean Faulkner, P. Project Manager Cc: Carolir~ Waggonef, P.~., City of Noah Richland hills Public Warks Depar~ent Qreg Wright, Quest Qot~cepts 3~~ Fossil Creek Shrd., Suite 2~~, Fort Vllorth, Texas T~~ ~T , 817.30.1444 , 817.306.155 Fa~c , www. gsw-ir~~.com ~uh,,~,,~+. sir,, ; ~ ~ ~~T~-~ R~~H~~1'~D May 9, ~0~7 Mr. Greg V~lright, Managing Partner guest Concepts, L.P. I ~I} Flower Court Feller, T~ 7248 Re: Holiday forth, Section 11; Block 37, Lot I R Liberty tatian Roy Proportionality Analysis Dear Ivlr. V~right: The purpose of this letter is to provide you with the Public Narks Department's current rough proportionality calculation for the proposed Liberty station development located t the northwest earner of Holiday Lane and Liberty way in the City of l~arth Richland Hills. The Liberty Station development is designed with access via bath Holiday Lane and Liberty way. Both Holiday Lane and Liberty way are designated as collector rows on the City's h~laster Thoroughfare Plan. For Roads, the "rough proportionality" calculation is an analysis of the capacity provided by a development compared to the traff c impacts of the proposed development. Proportianatity 1Vlethod~lo~y TrafFc generation of new develaprnent impacts the area roadway system by using available capacity. To measure system impacts, an analysis using vehicle-miles of travel in the PM peak hour was conducted. Using vehicle-miles of travel, the capacity pravidcd by roadway improvements can be compared with the traffic generated by a proposed development. For roadway impraver~ents, supply vehicle-miles} is determined by multiplying the length of the facility by its available capacity. Capacity values are based on criteria from the forth Central Texas Council o#~ Governments ~NCTC~G) at a Level of Service "D", In cases where only the right-of way necessary for future roadway improvements is provided, a percentage of the supply provided by the future improvements is included. For site traffic generation, demand {vehicle-n~iles~ is determined by multiplying an appropriate trip rate for a specific use by an average trip length associated with such use. Trip generation rates and resulting trip estimates are found in the ~ns~i~ule of Tt~arr.~pnrfntion ~t~~~r~ers ~~~'E~ publication entitled ~rx~ e~z~rat~o~, 7`~ ~dicion. USin~ this supply and derrland lnformatlan, a comparison can be made to determine the roughly proportional impacts. Page l fax 82Q~~~ North ftichiar~d Fia~ls, ~'~xas 76182~~~~~~ 731 Northeast hoop ~ ($~7} 4~7-64Q~ ~ Fix {817} 4~~~-~~~,., ~roposcd Development and roadway Improvements Bated upon information provided by the applicant, the proposed Liberty Station development will ultimately consist of the following land use: • ~ 9,663 square feet off ce l Retail The proposed roadway improvements for the development consist of the fallowing abased on the currently adapted has#~r ~'~or~oughfare ~~an}: ~ Liberty V~lav - Construction of'I~ ~2 lanes} of a Major Collector ~C4U - four ~4} lane undivided section within 68' of R~~) adjacent to the proposed development ~~40 linear feet} Proportionality C`alculatian Pr~jec~ed ~emar~d ~~`~ro~ased Side The projected vek~icle-miles of demand are calculated by multiplying the proposed sire of develapmer~t by its appropriate trip rate and trip length. The P peak hour trip rate for the laid use is as follows, • 4ffce I Retail per 1,000 square feet} -19.7 units ~ 14 ~h Trip length accounts for the trip end assaciate~d with the site and lirnited to travel on city roadways thus, removing travel on state and federal facilities}, The resulting average trip length is approximately 1.5 miles. • 214 trips x 1.5 ~ni les = 3 21.3 9 vm~ vr~ =vehicle-miles of demand Ca~uctty 5'~pp~ied by Pr~pose~ Roadway ~mp~vve~er~~s This calculation determines the vehicle-miles of supply provided by the proposed roadway i~npravements and is based on length of improvement and hourly roadway capacity values as defined by the I~CTCDCr. Capacity values are based an an area type of suburban residential resulting in hourly capacity values of 420 vehicles per hour per lane ~vphpl}for collectors. + Liberty VL~ay, 'I~ of the 4~lane undivided facility, 54Q' {~40'~S28U'lrnile} x 2 lane x 420 vphpl = 8.91 vm~ vm~ = vehicle~miles of supply Page 2 ~esu~~s A comparison of fro j~~te~ ~~~nd of the site relative to the roadway supply being provided reveals that the projected demand exceeds the capacity supplied. X21,39 vrr~ SS.91 vrn~ ~~374~ 1 °lo~ ~oaclttsioa The purpose of this evaluation was to assess the impacts ofthe proposed development on the City roadway system and to determine the roughly proportional supply of roadway capacity necessary to address tie added demand. The analysis revealed that the City is justified in having the applicant construct one-half of Liberty day ~54~° frontage) adjacent to the development, {in fact, the analysts indicates that the "supply" being required by the City is significantly less than the demand paced on the roadway system by the Liberty Station development.} The above dete~as?ination of proportionality is made pursuant to section 212,94, Texas Local [iovernment Code by the undersigned professional engineer in the employ of the City off` Forth Richland Dills, licensed by the State of Texas. The Public Works staff will be availablc to rrreet and further discuss this rough proportionality determmatton. The developerlengineerlowner may dispute sta#~'s proportionality determination by filing a written appeal of this proportionality dete~~~~ination, along wy~ ~5 copies of Such appeal, with the City Secretary within 1~ days of the date of this letter, The appeal shall comply with Section 11 fl~455: "Rough Proportionality Appeal" and Section 1 l ~-4~6: "Appeals Procedure" of the City Code. Regards, Caroline Waggoner, P. , Civil Engineer Er~c~osure. Cc. Greg fan Nieuwenhui~e, Public 1~Vorks Assistant Director Eric ~i~hite, Chief Planner Sean Faalkner, GSww via fax CLwIpw1~4Q7~Q83 Page 3 Sec,11Q-4vv. Appeals procedure. 4a~ An appticar~t for ~ preliminary or final plat or an applicant seekcing approval for any other permit or zoning far which an exaction requirement is imposed shall file a written appeal with the city secretary within ten days of the date the planning and zoning commission or the city official responsible for issuing the permit tales action applying the exaction requirement, This may include denial of the permit or plat. The applicant snail submit ~ ~ copies of the appeal. ~b~ A separate appeal farm shall be submitted for each exac#ian requirement for which relief is sought. The city secretary shah forward the appeal to the city cauncil far consideration. ~c~ The applicant may request postponement of consideration of the applicant's plat app#ication by the city cauncil pending preparation of the study required by subsec#ian ~f}, in which case t1~e applicant shall also waive the statutory period far acting upon a plat far the time necessary far the city cauncil to decide the appeal. ~d~ No developers agreement maybe executed by the city until the time for appeal has expired or, if an appeal is tiled, until the city cauncil has made a determination with respect to the appeal. fie} The appeal chalk state the reasons that application of the exaction requirement is not roughly propartianal to the nature and extent of the impsct created by the proposed subdivision or development on the city's public facilities systems and does not reasonably beneft the proposed subdivision yr development. ~f} The appellant shall subt~it to the city's engineer 1 ~ copies of a study ir* support of the appeal that includes, with respect to each specif c exaction requirement appealed, the following inforrrratiort within 3Q days of the date of appeal, unless a conger time is requested; ~t~ Total capacity of the city's water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subtlivisian ar development, employing standard measures of capacity and equivalency tabkes relating the type of develQprnent proposed to the quantity of system capacity to be consumed by the subdivision, If the proposed subdivision is to be developed in phases, such information also chili be provided for the entire development, including any phases already developed; ~2~ Total capacity to be supplied to the city's public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirer~ent. This infarmatian shall include any capacity supplied by prior exaction requirements imposed an the development; ~3} comparison of the capacity of the applicable city public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exactiar~ requirement. In making this comparison, the irr~pacts on the city's public facilities systems from the entire subdivision ar development shall be considered; ~4} The amount of any city participation in the casts of aversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City's requirerr~ents; omparisan of the minimum size and capacity required by city standards for the applicable public facilities systems to be utikized by the proposed subdivision or development with the size antl capacity to be supplied by the proposed exaction requirement; and ~B} Any other information that shawl the alleged dispraportianality between the impacts created by the proposed development and the exaction requirement imposed by tl~e city. fig} The c#ty's engineer shall evaluate the appeal ar~d supporting study and shall make a recommendation to the city council based upon the city's engineers anakysis of the Page 4 information contained in the study and utilising the same factors considered by the engineer in making the original proportionality determination ~Qrd, No. BST, ~~-2D45~ ec,110~58. pity council decision. 4a} The city council shall decide the appeal within 3D days of the date of final submission of any evidence by the applicant. Upon receipt of t#re final submission of evidence from the applicant, the city secretary Shall Schedule a time and date for the City council to consider the appeal and shall cause the applicant to be notified at the address specified in the appeal farm of the time, date and location at which the city council shall consider the appeal. fib} The applicant shall b'e allotted tine, not to exceed ~ minutes, to present testimony at the city council meeting. The council shall base its decision on the criteria listed in subsections t t D-•45~{a} and t 1 D~461 {f} and may; fit} Deny the appeal and impose the exaction requirement in accordance with the City's engineers recommendation or the planning and zoning comr~issior~' decision on the plat or ether development application; or ~2} grant the appeal, and uvaive in whole ar in part an exaction requirement to the extent necessary to achieve proportionality; ar ~3} Grant the appeal, and direct ttrat the city parkicipate in the costs of acquiring iand for ar construc#ing the public infrastructure improvement, ~c} In deciding an appeal, the city council shall determine whether application of the exaction requirement is roughly proportional to the nature and extent of tl,e impact created by the proposed subdivision an the city's public faciiities systems far water, wastewater, roadway, drainage, or park facilities, as applicable, and reasonably benefits the subdivision, in making such determination, the council shall consider: } The evidence submitted by the applicant; ~2~ The city's engineer's report and recommendation, considering in particular the factors identified in subsections ~ 10-~b7~a} and ~ 10-41 ~f}; and ~3} if the property is located within the city's extratefritorial jurisdiction, any recommendations from the county, (d} The ci#y ca~ncil may require the applicant or the city's engineer tc submit additional information that it deems relevant in making its decision. Ord. No. ~88~, ~-1~~~ODG~ ec.'1~0~457. Action foilowing decision of city cc~ncil. ~a} if the city council finds in favor of the applicant and uvaives the exaction requirement as a condition of plat approval, ar modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the plat application to the planning and zoning commission or city official respar~sible far issuing the permit within 3~ days of the date the city council takes action, with ar~y rr~Qdif cations necessary to conform the plat uwrith the ci#y council's decision. The applicant sl~ail not be deemed to have prevailed in the event that the city council modifies the exaction requirement. fib} If the ci#y council finds in favor of an applican# far any other permit and waives the exaction requirement as a condition of permit approval, ar modifies the exaction requirement tv the extent necessary to achieve rough pfaportinnality, the applicant shall resubmit the pem~it application to the responsible official within 30 days of the date the city councii takes action, with any modifications necessary to conform the application Page 5 with the city council's decision. Failure to day so will result in the expiration of any relief granted by the city council. ~c} if the ci#y caun~il denies the appeal and the applicant has executed a waiver of the statutory period far acting upon a plat, the city shell place the plat appCication an the agenda of the planning and roving commission within Q days of the city council's decision, {d) if t#~e rough proportionality appeal was submit#ed appealing the imposition of an exaction requirement for a plat appCication, and city council grants relief to an applicant but the applicant fails to conform the plat to the city caur~cil's decision within the ~o-d~y period provided, the relief granted by the city council on the appeal shall expire. fie) if the plat application is modified to increase the number of residential dwelling units ar the intensity of nonresiden#ial uses, the ci#y manager or city's engineer may rewire a new study tv validate the relief granted by the city council. ~f} If tt~e plat application for which relief was granted is denied on other grounds, a new appeal shall be required an any subsequent application. ~~rd. Na. ~8~~, 1, 6-12-2DOB} cc. ~ 10-4~8. Appeal city council decision. An applicant may appeal the decision of the city caur~cil to the county or district court of the county ire which the development is located wi#hin ~0 days of the date that the co~,ncil issues its final decision. In the event ttrat the applicant prevails in such action, the applicant will be entitled to attorneys' fees and casts, including expert witness fees. ~~rd. No. 2~8~, ~ 1, ~-1~-~oD6} Pa.~c ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6-11-2007 Presented by: SBrown/LKoonce Agenda No. F.1 Subject: PU 2007-027 Award Bid No. 07-1376 for Library Stack Shelving, Canopies and End Panels for the New Public Library to Library Design Services in the amount of $143,428.80. In the 2006/2007 approved library construction budget, Council appropriated funds for Stack Shelving, Canopies and End Panels for the New North Richland Hills Public Library. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute and posted on the City's Website. Seven (7) vendors were contacted and requested to participate in this bid process. Bid specifications were mailed to all seven (7) firms. Two (2) bids were received from the following vendors: Cultural Surrounding Library Design Services These are the only two authorized dealers in the State of Texas for the Montel Aetnastak steel shelving. The bid document specified Montel shelving or equal which would be fully compatible with the library's substantial inventory of existing Montel shelving. Cultural Surrounding's bid is less only on the lower canopy tops which are components to the shelving units. In addition, Cultural Surrounding did not submit a complete bid document. Library Design Services submitted a complete bid document including freight cost and installation that totals $143,428.80. Library Design Services is a reputable company that the City of North Richland Hills has purchased from in the past. They have qualified installation crews which was an important evaluation factor for the Library staff who felt if was important to have one company who could supply and install all items on this bid. Recommendation: Award Bid No. 07-1376 for Library Stack Shelving, Canopies and End Panels to Library Design Services. It~rr~ I~~~~ ~ ~l~t~iY Li~~~'~i~~ L~~~i~i ~'~~~t~~'{~~ :~~~~~~~~~ii ~-r~it ~~~~e E~.te~c~e~~ F~~~~ ~'i~it ~r~e E~f~~ic~~e~~ F~~~~ 1-1'~r'S ~7~~p1~ ~T~t~l afi 1~~.~~ ~1~~~1~ ~Ta~t~rl ~M~ .:~~.~1 ?1 . l' , 1~.~~~.~~ ~~~~~~~e•. Et~~~ Pat~~~~ to b~ ~~~~~i~~~ ~c~ ~~Y~~~~i~ ~s~w ~~~r. E~~~~ P~~Yei~ t~ ~~~li~~~ f~ ~~l~l~~~i~ i4 3~~~r' 3~~" 1-1~4°' H~L 1~V{r~~llc~ ~r1~~1~ ~d~~~r ~I~~ti~ I~mii~~t~ toffs; F~r-mi~~ ~'~~-~8 As~~~n ~or~mi~ ~T~~al of ~i~s L4 .3~'~r~ 1,~~'" 1-1,d~~" H~L ~vr'~oli~ ~7~p1 ~~~~sr ~lasti~ I~rr~ii~~t~ toffs; F~rmic~~ ~~~-.~~9 Clj'~ i4 .~?'4r' ~~'-0 ~-1~~r' HP'L r's~ll~ rrl~~l ~~~~~f ~I~~ti~ I~mii~~t~ toffs; F~r-mi~~ ~~~~-.58 A,f~~i~ ~~r-~n~ic ~T~tal ~fi 1~ ~7`'.~~ ~7?.~~ ~~'I `t ~{~~r' I4 ~'-U~l~rl' A 1-ld`t" HPL ~~r~~soli~ rr7~pl ~~~~sr ~la,ti~ I~mii~~t~ tops. F~rmi~~~ 7~~-.~~ A~N~~i7 ~~r~mi~ i'T~t~l ~fi ~~1.?~ ~ ~3~?~.t~~ 1~+~n 1-1,~~" FILL ~~r{~{~II~ rrl~~l~ ~~~~~f pl~~ti~ I~rr~ii~~t~ tips; F~rmi~~ Asl~~n ~~r~rr~i~ ~T~t~l ~fi ~ `~1.~~ 11~~.~~ 4~" 1.3 1~.~r' .~,~`l~r" 1-1~4" I~pL '~V~'soli~ ~~~I~ ~~~~sJ pl~~ti~ I~mii~~t~ tips; F~ormi~~ Asf~~r~ C~°r~~mic ~T~t~l ~fi 1~ sf~ 1.~ 1~'~r~ ~~r- 1~d1'' ~ 1-1,r4'' H~L r's~li~ i~~~~l ~~~~sr pla~ti~ I~mi~~~t~ tops. F~rmi~~ 7~~9-5~ A~~~~n ~or-~n~ic ~T~t~l ~fi 1~ ~t~nd-gyp ~ust~~ ~t~r~d-u~ +~II~,~ ~t~ti~ns ~''`ti~` ~ d ~ ~~-~1.~~"'h SPA m~l~ panels ~~,~ih I~~rd~~~~ood trin7 and ~u~+~d ~n~; F~rrnic~ ~t~tion I~~~ ~in~te v"P~ori~ surf~ee ~~~~-5~~ ~.sherb er~nnie; ~~;i~h grami7ieis: pull-nut e~~t~n~rdtr~~~ k~el~u~~v~~c~r~~u~~~ac~; ~~.~0~ ~,1~~.~~ deep ir~terinr shelf rnnu~ ~i~d " ~tanv~ flnnr ~I tl~e knack ~f the statiai~n ~T~t~l ~f ~te~l ~tii~~t~ek t,~~~~1~'rt~ ~ 1L'' ~i~¢l~ t~ce ~z~c~ ~'~~.1 ~1~~1~,~i~~~ ~h~~~P-i~~ ~ a~~~~t~~1~ ~he1~P-~~ (;Tat71 of 1~~ ~te~l etila5t~c~; L~?3~i1:~`tt~ l~" ~iri~l~ t~~e stark ~1~~1~~~~~ sti~l~-i~~ ~a~~ sli~lf ~ti~l a~ljt~~tal~le ~17~1~~~se ~ cli~P~icler~ X10?.11 high per shelf: (T'~#~l ~f 1~ ~`~.1 ~ steel ~~tiiastack L~`'~~?~FB ~ ~ ~1~~~1~1e fd~ee sta~cl~ S1t~l~,~t~~ shel~-iti~ a~i~st~~ble sltel~-e~ ~~'~t~1 ~f ~11~.1~~ ~~~ir~ ~ ~~~IEk ~-1:~^ It~in I~~s~~~l~t~~ir ~i~~~~i~~ ~~~~~1 '~~lt~~~~~'~~~~~~Yi~~ ~~r~it ~ei~~ E~t~~~~i Frire ~~~°iiit ~r~e E~t~~rci~~i E1~i~~ ~~te~~°ir~~ ~~~i~~tti~ ~ue1f ~ti~~_ a{lju~tal~1~ ~11~1~~~~: ~li~-ic~~:~~ h~~h per ~~~I.f: ~~"~t~l ~f ~1~~.? t~~1 ~tii~~t~c~ L~ l ~F~ ~1i~1 1~r~~1 ~ ~~~e1~°~~: ti. ~~~~1 ~tii~~r~~~ L~H~-~F~1i~l~~~~ t7i~17 ~ ~ti~~~~~~: F ~~e1~°i~~~ HIES P~~~~~i~~~l ~~i~l~irl~ ~I~~~l of 11~ 1~~.~~ ~e~1 :~etn~5t~~i~: L~~~}~r~ ~3~ ~17e1~-~~ 17i~1i ~ 5t1~1~~~~ ~~Ye1~~i~~~ IMF HLt~ F~~i~i~~l ~17~1~~ii7~ ~~'a~7~ ~f 1";1 ~ ~~el~~~~~ ~~1~~~~ti~ ~ ~,17~14~e~ ~`I~t~l L l ~ , t~~1 .~ezi7~~~~~iC L~~~~F~ ~ ~10~~1~1~ sic '~~e~lk~iil~ ~~~i~~iti~ ~~~~1~e ~3 ~i~~~ ~I~t~l ~f 1'~ Vii. ~ , ~r~r~~r fil~~~,~+ +~~"H ~Lar T~t~l ~f 1~. ~~rn~r~ fill~~-~+ ~~``'H 1L" ~~s~ ~T~~~I ~f ~i.~~ I~~t~rm~~i~t~ filfep~~~ ~~'~H ~L" ~T~t~l ~f ~ L1~l~~NT~ tip ~r~~~~t fir H~L tip ~~+ir~ u~p~r~t~ L~~+ ' T~+~~ ~A'~II ~~~~a~r~ fir ~i~~l~ f~~~ ua7it ~~~i~~~i~~ ~t r~~~~~t1L~l~T] ~ 'y, . ~~~~r~ ~'I`~~~ F I~RTH ICI HILL T: ramie Br~c~a ~R: ran u~~~~r: Bid - Library hel~rin, End ~~nel an~~y #~ps. Afar evaluat~n the bids ~~iv fir the steel library ~helr~in, ~v~ad~n end ~an~ls aid nip #~p~ re~q~ir~d furnil~ the n I~i~ ~ibrr, i r~r~mmer t~~~ the did ~~r~traf b~ av~ardd to ~ibrar e~i~,r~~ er1~, Inc. ~f i•-Iu#~n, ~'~o bids ~ver~ r~i~~~ b~ the dea~dlir~e ~a Th~~ ~v~r~ frvrn Library ~e~it ri aired kJltk,~r~l ~rr~undrngs. ~he~~ $r+~ the only t~v~ aut~~~'i~~d d~alar~ i the Mate fvr I~r~t~i etntitak at~~1 sl0in, ~h~ bEd d~ca,'men#~ ~~~ecifid ~I~r~tl ~I~~Ivin~, it i~ t'~~ ~n~y brand ~f librr he~~i~g th# i fumy mp~tibl~ vii#~ the ~ibrar~r'~ su~~t~i~l invent t~f stn M+~r~tel ~~el~rin. library C~esin e~ris only one of #h bidders that ~ubrnit~~ed a c~mpie# bid, ,fl7eir prime tvt~led ~ ir~~luding freight pasts and ~ntallatian. Library ~esir~ ar~ires is r~u#able rn~any, fr~r~ h have jade purchases in the Vista they have ~~alified installaitiar~ cre~, are imaan#. faar with steel s~rer~ving. l have hesita#in i~ re~~mn~e~din fat the bid n#ra~# be awa~d~d #a Library ~es~;n Jervis, I~~~, ire the em~a~nt of ~ ~k . N~rkh~~st L~~R ~~4 ~ N~r~r7 Ri~hiar~d Hilk~, T~~~s ~ 7B~ 8~~ r ~1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Councilman John H. Lewis Agenda No. F.2 Subject: INFORMATION AND REPORTS -Councilman Lewis Announcements The NRH Animal Adoption & Rescue Center will hold its annual walk-a-thon on Saturday, June 16t", at Tipps Canine Hollow at Northfield Park, 7804 Davis Blvd. The walk will begin at 8 a.m. Proceeds will benefit the AARC Shelter Fund. For registration information, please call 817-427-6570. The North Richland Hills Fire Department is offering classes each month in CPR and the use of Automated External Defibrillators. The next class is scheduled from 1 to 5 p.m. on Saturday, June 16t". The cost is $25 per person. For more information, please call 817-427- 6900. The North Richland Hills Police Department is taking applications for the next session of the Citizens Police Academy. Participants will learn about patrol procedures, dispatch, crime scene search and other police operations. For more information contact Officer Bauman at 817- 427-7021. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Louanne Noel, Reference Librarian at the NRH Public Library A note was received from a library patron thanking Louanne for helping her find the information she needed. The customer said Louanne went above and beyond what is expected. On a scale of 1 to 10, she gave Louanne a 12. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6-11-2007 Presented by: Agenda No. F.3 Subject: Adjournment