HomeMy WebLinkAboutCC 2008-04-14 AgendasCITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, April 14, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008-045 Iron Horse Golf Course Master Drainage Plan Update (15 Minutes)
A.3 IR 2008-042 Update of 2006 International Building and Fire Codes, 2005 National
Electrical Code (15 Minutes)
A.4 IR 2008-023 Neighborhood Services Year End Report (10 Minutes)
B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to
discuss the following as authorized by Ghapter 551, Texas Government Code
B.1 Executive Session: Pursuant to the provisions of Section 551.072, Texas Government
Code to deliberate the purchase, exchange, lease or value of real property: mineral
leases of City property
C.0 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 April 11, 2008 at~'1=~~1'r7'j
ity 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.
April 14, 2008 -City Council Agenda
Page 1 of 4
CITY OF NORTH RICHLAND HILLS
• CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, April 14, 2008
7:00 P.M.
-------------------------------------------------------------------------------------------------------------------------
Copies of the full City Council agenda informa_ tion packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
o Library on the Friday prior to the meeting (available electronically)
o City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
A.0 Call to Order -Mayor Trevino
i A.1 Invocation -Councilman Whitson
A.2 Pledge -Councilman Whitson
A.3 Special Presentation(s) and Recognitions) -Presentation of "Child Abuse Prevention
Month" Proclamation presented by Councilman Sapp
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
April 14, 2008 -City Council Agenda
Page 2 of 4
.~
requests, in which event the item will be removed from the Consent Agenda and
• considered.
B.1 Approval of Minutes of March 24, 2008 City Council Meeting
B.2 FP 2007-20 Consideration of a Request from Compass Realty to Approve a Final Plat
of Lots 1-7, Block 1, Wildwood Business Park Addition (Located at the northeast corner
of Mid Cities Boulevard and Cardinal Lane - 2.77 acres)
B.3 PU 2008-009 Award Bid #08-014 to Sky Construction in the amount of $63,388.00 for
the Gate and Fence Replacement Project.
B.4 PU 2008-010 Award of Bid # 08-022 to Cole Construction, Inc., in the amount of
$56,775 for the J. B. Sandlin Park Irrigation Improvements.
C.0 PUBLIC HEARINGS
C.1 ZC 2008-01 Public Hearing and Consideration of a Request from Barrett and Jennifer
Blackburn to Approve a Zoning Change of Tract 14F, Abstract No. 1266 from "AG"
Agricultural to "R-1" Single Family Residential (Located at 7525 Kirk Road - 0.921
acres) -Ordinance No. 2987
D.0 PLANNING AND DEVELOPMENT
• Items to follow do not require a public hearing
D.1 FP 2007-19 Consideration of a Request from Johnson Diversified Enterprises, Inc. to
Approve a Final Plat containing 96 Lots, West Hightower Place Addition and to approve
Resolution No. 2008-020 authorizing the City Manager to execute a development and
maintenance agreement. (Located in the 6700 Block of Hightower Drive - 22.34 acres)
E.0 PUBLIC WORKS
E.1 PW 2008-010 Approve Engineering Agreement with Neel-Schaffer for the Design of
Three Traffic Signal Light Projects for an Amount not to Exceed $74,300 -Resolution
No. 2008-022
E.2 PW 2008-011 Approve Engineering Agreement with Lee Engineering for the Signal
Timing Synchronization Project for Mid-Cities Boulevard and Boulevard 26 in the
Amount not to Exceed $80,000 -Resolution No. 2008-021
F.0 GENERAL ITEMS
F.1 GN 2008-025 Authorize the City Manager to Execute an Agreement with Barbara
Grygutis in the amount of $149,000 for a Public Art Commission and Installation for the
Grand Avenue Park Plaza -Resolution No. 2008-018
•
April 14, 2008 -City Council Agenda
Page 3 of 4
F.2 GN 2008-027 Appointment to Teen Court Advisory Board -Place 7
•
G.0 EXECUTIVE SESSION ITEMS
G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda
1) To Consider and Act Upon Mineral Leases of City Property -Resolution No. 2008-
023
H.0 INFORMATION AND REPORTS
H.1 Announcements -Councilman Turnage
H.2 Adjournment
All items on the agenda are for discussion and/or action.
C:Artifiratinn
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 Richlan Hills, Texas in compliance with Chapter 551, Texas
• Government Code on April 11, 2008 at - ~~ ~r!'t
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.
•
April 14, 2008 -City Council Agenda
Page 4 of 4
Cit of North Richland Hills
Y
City Council Work Session Meeting Agenda
North Richland Hills City Hali Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, Apri! 14, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008-045 Iron Horse Golf Course Master Drainage Plan Update l15 Minutes
A.3 IR 2008-042 Update of 2006 International Building and Fire Codes, 2005
National Electrical Code (15 Minutes
A.4 IR 2008-023 Neighborhood Services Year End Report (10 Minutes
B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to the provisions of Section 551.072, Texas
Government Code to deliberate the purchase, exchange, lease or value of real
property: mineral leases of City property
C.0 Adjournment
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
Presented by: Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
•
•
• INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-045
Date: April 14, 2008
•
. Subject: Iron Horse Golf Course Master Drainage Plan Update
The purpose of this report is to provide Council an update on a project identified in the
2007-08 Capital Projects Budget titled, "Iron Horse Golf Course Drainage
Improvements." Council may recall that in 1999, an Erosion and Sedimentation Control
Master Plan was developed for Iron Horse Golf Course. The plan identified several
locations along Big Fossil Creek and Singing Hills Creek where erosion had negatively
affected the appearance and playability of the golf course. The impacted areas were
divided up into two categories, High Priority and Low Priority. The city improved many
of the High Priority problem areas in 2000. During the past 6 to 7 years additional
erosion has occurred and many of the Low Priority areas (as defined in 2000) are now
impacting the golf course and in some situations are threatening some of the golf
course features such as cart paths and Tee Boxes. This project will improve two critical
areas around Tee Box No. 1 and the cart path at Hole No. 16 as wel! as update the
1999 Master Drainage Plan.
Staff will provide a presentation during the April 14, 2007 Work Session updating
Council on the status of the two critical areas that are currently being designed by
DeOtte Engineering, Inc. In addition, the city's consultant will also present some of the
new High Priority projects that he has identified while updating the Master Plan.
No action is needed from Council at this time; Staff only wants to provide Council an
update for this project.
We will be available to address Council questions.
Respectfully Submitted,
Mike Curtis, P.E.
Public Works Director
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^
• INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-042
Date: April 14, 2008
Subject: Update of 2006 International Building and Fire Codes, 2005
National Electrical Code
•
In a continuing effort to meet City Council goals directed at ensuring quality
development, staff will soon be bringing forth consideration of the 2006 International
Building Code (IBC), the 2005 National Electrical Code (NEC), and (in conjunction with
the Fire Department) the 2008 Internationa! Fire Code (IFC). For the past several
years, North Richland Hilis has been under the 2000 versions of the IBC and IFC as
well as the 2002 NEC. This action follows suit with surrounding communities which are
also moving towards the adoption of the 2006 International Codes and will assist in
lowering both the Fire Department's and the Inspection Division's Readiness Ratings
as determined by the Insurance Services Organization (ISO).
The I.S.O. ratings (which range from 1 (best) to 10 (poorest)) can directly influence the
rate that building owners are charged for property insurance as well influence the city's
floodplain program rating. It was learned just this week the ISO has lowered the
Inspection Division's Readiness Ratings as follows, residential from 5 to 4 and
commercial from 5 to 3. The adoption of these updated codes will help the City gain
even more positive ratings during future ratings efforts.
The purpose behind these codes is to update the building provisions of our previous
code by accommodating newer products, practices and other innovations in
construction. These codes will have minimal negative impact on the current
requirements that architects, engineers & builders must meet. In many cases, the new
code will make it easier to build. For example, by allowing more "trade-offs" when
sprinkler systems are installed throughout commercial buildings.
Below is a list of the more substantial changes to the above codes:
1. Creates two tiers of fire protection for high rise buildings beginning at 420 feet in
height (due to 911).
2. Requires door closers between private garages and dwellings.
3. Improved description of "Low Hazard" industrial occupancies
4. Provides for enclosed mezzanines in sprinkled buildings
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS ~~
•
• 5. Provides for a new method in calculatin the maximum size of mixed use
9
commercial buildings.
6. Allows fire treated wood in buildings allowed to have combustible projections.
7. Requires smoke proof elevator lobbies in all buildings exceeding 3-stories in
height (some exceptions exist).
8. Requires sprinklers in restaurants, nightclubs and bars when the occupant load
exceeds 100 people (formerly 300).
9. Increases the minimum ceiling height of a building from 7'-0" to 7'-6":
10. Requires panic hardware in schools and assembly occupancies when the
occupant load exceeds 50 (formerly 100).
11. Requires guardrails when a roof hatch is less than 10 feet from a roof edge.
12. Requires a minimum widow sill height of 24 inches in apartments and hotels.
By ordinance, the Technical Code Review Committee (HRH's Construction Board of
Appeals) must review and provide their recommendation before a vote of the City
Council. They will be convening again very soon to complete their approval of the
codes along with local amendments that include the North Texas Council of
Governments recommended amendments to the 2006 IBC, IFC and the 2005 NEC.
Due to the number of codes that must be adopted, and the education of staff and the
construction industry, staff plans to bring the 2006 versions of the International
Residential Code, International Plumbing Code, International, Mechanical Code,
International Fuel Gas Code and the Energy Conservation Code to council for adoption
in a phase later this spring.
Respectfully Submitted,
David B. Pendley, AICP, CBO
Chief Building Official
• INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-023
•
Date: April 14, 2008
Subject: Neighborhood Services Year End Report
City Council goals indicate that the enhancement of our Community as a great place to live,
work and play should include both proactive and interactive code enforcement within our
residential neighborhoods. It should be proactive in the sense that staff is not merely
responding to citizen concerns, but anticipating them as well. It should be interactive in that
staff gives maximum effort to resolve code issues voluntarily without citations and further legal
involvement.
Below is Neighborhood Service's Year End Report showing the progress of each enforcement
division. Each year has seen an increase in the number of inspections while maintaining very
low numbers of citations issued to gain compliance. Within the past four years, and as a
response to goals addressing enhanced code compliance, the Code Enforcement Division
has increased its quantity of inspections by roughly 300% while Consumer Health has
increased by over 200%.
As already mentioned, the number of code compliance citations issued each year by the
Neighborhood Services Department remains very low in spite of the significant number of
inspections conducted (less than one percent of all code violation cases result in the issuance
of a citation). This suggests that the enhanced enforcement program(s) initiated over the past
four years has proved effective in terms of voluntary compliance accomplished through
personal contact and education before using stronger enforcement methods.
Nei hborhood Services De artment
Code Enforcement 2002-2003 2005-06 2006-07
# of Violations Worked *1,770 4,338 5,468
Total # of Ins ections & Re-Ins ections N/A 10,753 13,124
# of Citations Issued *122 28 27 9 ersons
# Substandard Buildings brought into
com liance *1 58 160
Environmental Health 2002-03 2005-06 2006-07
Total # of Ins ections *724 1,380 1,605
# of Citations Issued *0 9 5 ersons 14 7 ersons
AARC 2002-03 2005-06 2006-07
Total # of Res onse to Calls 3,854 3,470 3,728
# of Citations Issued 49 10 ersons 37 5 ersons 52 6 ersons
inaicates activities prior to new directives given by the City Council for enhanced enforcement
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS ~
A cou le of new ro rams have been develo ed to meet these oats and im rove
P P 9 P 9 p
effectiveness - the Neighborhood "Looks" Program, which looks at all nuisance
violations in a neighborhood, one neighborhood at a time, and the Communit Action
Team (CAT), which will pursue substandard housing cases in those areas needing
assistance as identified on the Housing Survey. The CAT Team will be comprised of
the entire Code Enforcement staff and members of the Building Inspections Department
and will assess and focus on all substandard homes in a coordinated effort for
compliance.
In summary, our goal is to communicate, educate and allow a reasonable timeframe for
compliance prior to issuing any citations. This approach has yielded benefits not only
by increasing voluntary compliance but also by enhancing public good will.
•
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
Presented by: Agenda No. B.0
Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas Government
Code
•
•
CITY OF
•
•
•
CITY OF
NORTH R/CHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
Presented by: Agenda No. C.0
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, April 14, 2008
7:00 P.M.
A.0 Call to Order -Mayor Trevino
A.1 Invocation -Councilman Whitson
A.2 Pledge -Councilman Whitson
A.3 Special Presentations} and Recognitions) - Presentation of "Child Abuse
Prevention Month" Proclamation presented by Councilman Sapp
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 March 24, 2008 City Council Meeting
B.2 FP 2007-20 Consideration of a Request from Compass Realty to Approve a Final
Plat of Lots 1-7, Block 1, Wildwood Business Park Addition (Located at the
northeast corner of Mid Cities Boulevard and Cardinal Lane - 2.77 acres)
B.3 PU 2008-009 Award Bid #08-014 to Sky Construction in the amount of
$63,388.00 for the Gate and Fence Replacement Project.
•
B.4 PU 2008-010 Award of Bid # 08-022 to Cole Construction Inc. in the amount of
$56,775 for the J. B. Sandlin Park Irrigation Improvements.
C.0 PUBLIC HEARINGS
C.1 ZC 2008-01 Public Hearing and Consideration of a Request from Barrett and
Jennifer Blackburn to Approve a Zoning Change of Tract 14F, Abstract No. 1266
from "AG" Agricultural to "R-1" Single Family_Residentiai (Located at 7525 Kirk
Road - 0.921 acres) -Ordinance No. 2987
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 FP 2007-19 Consideration of a Request from Johnson Diversified Enterprises
Inc. to Approve a Finai Plat containing 96 Lots, West Hightower Place Addition
and to approve Resolution No. 2008-020 authorizing the City Manager to execute
a development and maintenance agreement. (Located in the 6700 Block of
Hightower Drive - 22.34 acres)
E.0 PUBLIC WORKS
E.1 PW__200.8-410 Approve Engineering Agreement with Neel-Schaffer for the Desian
of Three Traffic Signal Li hq_t Projects for an Amount not to Exceed $74,300 -
Resolution No. 2008-022
E.2 PW 2008-011 Approve Engineering Agreement with Lee Engineering for the
Signal Timing Synchronization Project for Mid-Cities Boulevard and Boulevard 26
in the Amount not to Exceed $80,000 -Resolution No. 2008-021
F.0 GENERAL ITEMS
F.1 GN 2008-025 Authorize the City Manager to Execute an Agreement with Barbara
Grygutis in the amount of $149,000 for a Public Art Commission and Installation
for the Grand Avenue Park Plaza -Resolution No. 2008-018
F.2 GN 2008-027 Appointment to Teen Court Advisory Board -Place 7
G.0 EXECUTIVE SESSION ITEMS
G.1 Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
1 ~ To Consider and Act Upon Mineral Leases of City Property -Resolution No
2008-023
H.0 INFORMATION AND REPORTS
f
•
H.1 Announcements -Councilman Turnage
H.2 Adjournment
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
Presented by: Agenda No. A.0
Subject: Call to Order -Mayor Trevino
•
i
~-rv nF
•
•
i
CI TY OF
•
•
CITY OF
~J
i
~ PROCLAMATION
WHEREAS, more than 160,000 reports of child abuse or neglect were
investigated in Texas in 2007, with more than 11,500 of those investigations being
completed in Tarrant County; and
WHEREAS, 3,310 cases of child abuse or neglect were confirmed in Tarrant
County in 2007; and
WHEREAS, Alliance For Children provided child-focused services to more than
2,600 children in 2007; including 516 children in the Northeast community; and
WHEREAS, child abuse prevention is a community responsibility and finding
solutions depends on involvement among all people; and
WHEREAS, communities must make every effort to promote programs that
benefit children and their families; and
WHEREAS, effective child abuse prevention programs succeed because of
partnerships among agencies, schools, religious organizations, law enforcement
agencies, and the business community; and
WHEREAS, everyone in the community should become more aware of child
abuse prevention and consider helping parents raise their children in a safe, nurturing
environment,
NOW, THEREFORE, BE IT RESOVED, that I Oscar Trevino, Mayor of the City
of North Richland Hills do hereby proclaim the month of April 2008 as
"Cl-Elt~ A1~VS£ T''R£V£NT1c~N 1~c~NTkt"
and urge all citizens to work together to help reduce child abuse and neglect
significantly in the years to come.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of North Richland Hills to be
affixed this the 14th day of April 2008.
Oscar Trevino, Mayor
s
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
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.
i
CITY OF
~J
•
CITY OF
NORTH RICHLAND HALLS
Department: City Secretary Council Meeting Date: 4-14-2008
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 wilt be removed from the Consent Agenda and
considered.
•
CITY OF
C7
•
•
• MINUTES OF THE WORK SESSION AND RE
GULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 -MARCH 24, 2008
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
24th day of March, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m.
regular Counci! meeting.
Present: Oscar Trevino Mayor
Suzy Compton Mayor Pro Tem, Council Place 3
John Lewis Council, Place 1
Ken Sapp Council, Place 2
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
Ogden Bo Bass Assistant City Manager
Jared Miller Assistant City Manager
Karen Bostic Managing Director
Patricia Hutson City Secretary
Monica Solko Assistant City Secretary
George Staples City Attorney
Mary Peters Public Information Officer
Elizabeth Reining Assistant to City Manager
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
Mike Curtis Public Works Director
Jimmy Perdue Police Chief
Thomas Powell Director of Support Services
Jo Ann Stout Director of Neighborhood Services
Andy Jones Fire Chief
Jamie Brockway Purchasing Manager
Vickie Loftice Director of Parks and Recreation
Bill Thornton Assistant Director of Parks and Recreation
Chris Swartz NRH2O Park Manager
Call to Order
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
•
•
There were no items discussed.
A.2 IR 2008-031 Parkinclof Vehicles for Sale
Jo Ann Stout, Director of Neighborhood Services presented a PowerPoint presentation.
There has been an increase in complaints regarding the parking of vehicles for sale on
residential lots (mainly rental properties). Citizens feel that the sale of vehicles in
residential areas detracts from property values and adversely affects neighborhood
aesthetics.
This problem can be diminished by making it an offense for the owner of a vehicle to
park or allow the parking of a vehicle displaying advertising for the sale of the vehicle on
private property with these exceptions:
Commercial Property:
• The vehicles offered "For Sale" must be on property zoned for the sale of
automobiles, or;
Residential Property:
• A private residential property owner may offer no more than 2 personal vehicles
"For Sale" within any calendar year, and;
• No more than 1 vehicle, located on an approved surface, can be displayed "For
Sale" at a given time on the residential property.
Enforcement of these provisions will be handled by the Police Department and
Neighborhood Services Consumer Health Inspectors and Code Enforcement Officers.
The owner of any vehicle found parked in violation of this Section will be subject to
citation which is punishable by a fine not to exceed $200. Verbs! notification and/or
posted notice will be used as appropriate to gain voluntary compliance. Citations will be
issued after sufficient notice is given or immediately if individual circumstances merit
that action (i.e. repeat offender). After a brief discussion and questions by the Council,
the consensus was to move forward with the change.
A.3 IR 2008=035 Public Art Commission for the Grand Ave Park Plaza
Vickie Loftice, Director of Parks and Recreation presented the item. The park plaza is
currently under design with construction expected to begin this October. The approved
2007/08 Capital Improvement Program includes funding for public art within the Grand
Ave Park Plaza. For the past few months, staff has researched potential artists that
have produced outdoor public art within an urban mixed use development.
•
• Staff is recommending artist Barbara Grygutis for the Grand Ave Park Plaza ublic art
P
commission. A PowerPoint presentation with a selection of Barbara's work was
presented to Council. After a brief discussion and questions by the Council, the
consensus was to move forward with the selected artist and to present and prepare a
professional services agreement for the April 14th council meeting.
A.4 IR 2008-040 Review Proposed Quad Cities Rebrandin Efforts
Jared Miller, Assistant City Manager presented a PowerPoint presentation prepared by
Witherspoon Advertising regarding the Quad Cities DFW in the formative stages of
rebranding. The main purpose of the presentation is to share the creative mission and
status that the advertising firm developed for this proposed rebranding, as well as to
solicit input from the Council prior to moving forward with the rebranding process. At
the March 13th Quad Cities DFW Board meeting, this rebranding initiative was
presented. Councilman Ken Sapp, the NRH elected representative on the Board, and
Mr. Miller representing the City Manager who is on the Board, were in attendance and
heard the presentation. Since this is a significant change from the current name, it was
felt that each City Council should fully understand the proposal to give their
representatives on the Quad Cities DFW Board feedback prior to any final decision.
Witherspoon Advertising was chosen to offer direction and develop new creative
materials. Jason Meyers, Vice President, and Marcus Dickerson, Creative Director,
have been invited to make the presentation on the rebranding efforts. Witherspoon has
proposed to provide the following.
• New name, logo and tagline
• Master brochure (w/o printing)
• Website with programming
• Public/Media Relations
• Direct mail (series of 3)
• Promotional items
• Trade show booth
• Local promotion & advertising
$ 3,500
$ 5,500
$10,000
$ 2,500
$ 3,500 (w/o print & postage)
$ 3,500
$ 7, 500
TBD
The above recommendations are made for the following reasons. The decision by
Watauga to drop out of Quad Cities presented the organization with a reason and
opportunity to brand itself in a new way. Quad Cities poses the question "Which 4
cities?" Anew name would allow the organization to avoid that question and build a
new image with the flexibility to expand membership.
It is hoped that, with a new identity, the organization can develop materials that reflect a
fresh, vibrant look and feel. Updated materials will promote a more professional image,
better reflect the organization's mission and goals, focus on target customers, and
create a "Brand Personality" that not only reflects the organization today, but what it
•
r~
aspires to be. Witherspoon Advertising is proposing a new name of CYGNET and logo
and identification material.
After a brief discussion and questions by the Council, the Council was not supportive of
the new concept. The Council expressed their desire for Councilman Sapp to continue
to hold Quad Cities accountable for results. Council expressed concerns with the
accountability for Quad Cities and a large faction of the Council was in favor of
withdrawing from Quad Cities. Councilman Sapp will be prepared to express the
Council's feelings on the matter with the Quad Cities Board at their next meeting.
B.O EXECUTIVE SESSION -The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
Mayor Trevino announced at 6:28 p.m. that the Council would adjourn to Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.071 to consult with attorney for an update on litigation: 1) Kopank vs. Espy; 2)
Rogers vs. NRH; 3) Friend vs. NRH, and Section 551.072 to discuss land acquisition for
the central west neighborhood park.
C.0 Adjournment
Mayor Trevino announced at 6:58 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 March 24, 2008 at 7:03 p.m.
ROLL CALL
Present:
Oscar Trevino
Suzy Compton
John Lewis
Ken Sapp
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tem, Council Place 3
Council, Place 1
Council, Place 2
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
•
•
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
A.1
INVOCATION
Councilman Barth gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
t
Councilman Barth led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
Presentation of "Dr. Bruce Jacobson Day" Proclamation
Presented by Councilman Welch
Councilman Welch presented a proclamation to Dr. Bruce Jacobson, proclaiming March
24th as Dr. Bruce Jacobson Day.
A.4
CITIZENS PRESENTATION
Gene Barnett, 8109 Odell Street, came forward. Mr. Barnett spoke for and represented
a group of concerned neighbors which were also in the audience (Svetlana Barnett;
Nikolay and Olga Borodachev; Kelcy and Erin Perkins; Marian Krajento; Steve and
Melinda Brothers; Freddy and Kathy EI Chami). Mr. Barnett expressed concerns on the
drainage issues on the 8000 and 8100 blocks of Odell Street. Mr. Barnett presented a
video to Council showing the volume of rainwater runoff and flooding in the
neighborhood. Mayor Trevino asked Mike Curtis, Director of Public Works to speak with
Mr. Barnett and neighbors.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
:_7
•
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
•
B.1 APPROVAL OF MINUTES OF MARCH 17, 2008 CITY COUNCIL MEETING
B.2 GN 2008-021 ASSIGNMENT OF PUBLIC RIGHT OF WAY USE AGREEMENT
FROM HARDING COMPANY TO METROPLEX BARNETT SHALE LLC -
RESOLUTION N0.2008-016
B.3 PU 2008-008 AWARD RFP 08-016 TO BUCK'S AWNING IN THE AMOUNT OF
$73,000 FOR THE CONSTRUCTION OF METAL STRUCTURES
COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
PUBLIC HEARINGS
C.0
There were no items for this category.
PLANNING & DEVELOPMENT
D.1
ITEMS TO FOLLOW DO NOT REQUIRE A PUBLIC HEARING.
There were no items for this category.
PUBLIC WORKS
E.1
There were no items for this category.
•
GENERALITEMS
F.1
GN 2008-019 PARKING OF VEHICLES FOR SALE
PROHIBITED -ORDINANCE NO. 2981
APPROVED
Jo Ann Stout, Director of Neighborhood Services, presented the item. There has been
an increase in complaints regarding the parking of vehicles for sale on residential lots.
Citizens feel that the sale of vehicles in residential areas detracts from property values
and adversely affects neighborhood aesthetics. The following amendment to Article IV
of Chapter 54 is recommended by adding a new section. Under this new section the
parking of a vehicle on private property with any type of sign or writing on the vehicle
advertising the vehicle for sale is prohibited. The owner of a vehicle commits an offense
by parking or allowing the parking of such vehicle with these exceptions:
1. The vehicle is offered for sale on property zoned for the sale of vehicles of the
same type.
2. No more than one vehicle is displayed for sale on a paved surface of private
residential property occupied by the owner of the vehicle and no more than one
other vehicle has been offered for sale from that property within any one calendar
year.
Enforcement of these provisions will be handled by the Police Department, Consumer
Health Inspectors and Code Enforcement Officers. The owner of any vehicle found
parked in violation of this Section will be subject to citation which is punishable by a fine
not to exceed $200. Verbal notification and/or posted notice will be used as appropriate
to gain voluntary compliance. Citations will be issued after sufficient notice is given or
immediately if individual circumstances merit that action (i.e. repeat offender).
COUNCILMAN WHITSON MOVED TO APPROVE GN 2005-019, ORDINANCE NO. 2981.
COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
F.2
GN 2008-022 AMENDMENT OF MEDICAL DIRECTORS CONTRACT
TO INCLUDE NRH2O -RESOLUTION N0.2008-017
APPROVED
Andy Jones, Fire Chief presented the item. The purpose of the amendment is to add
medical direction for the NRH2O EMT's and EMT/Paramedics at the request of NRH2O.
Dr. Roy Yamada has served as the Medical Director for the City of North Richland Hills
Fire Department since January 1, 2000. The following amendment will take effect on
Aril 1 2008 and will ex ire with the current si ned a reement on December 31 2008.
p P 9 9
The increase in the contract fee for the balance of the agreement will be $5,001.00, paid
in three equal payments, one each quarter for the balance of the calendar year.
Approval will insure a continuity of the excellent medical direction currently in place at
the Fire Department and include NRH2O EMT's and EMT/Paramedics.
MAYOR PRO TEM COMPTON MOVED TO APPROVE RESOLUTION NO. 2008-017. COUNCILMAN
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
F.3
GN 2008-023 CERTIFICATION OF UNOPPOSED CANDIDATES,
CANCELLING ELECTION AND DECLARING UNOPPOSED CANDIDATES
ELECTED TO OFFICE -ORDINANCE NO. 2986
APPROVED
Patricia Hutson, City Secretary presented the item. The Texas Election Code provides
for the cancellation of an election when each candidate whose name is to appear on a
ballot is unopposed and there is no proposition appearing on the ballot. The filing
deadline for a place on the ballot for the May 10, 2008 City Council Election was March
10, 2008 and the deadline for write-in candidates to file declarations of write-in
candidacy was March 17, 2008. At the conclusion of the filing deadlines, the candidates
who filed for a place on the ballot were unopposed. The City Secretary has certified
and presented to the Council a certificate of unopposed status certifying that Oscar
Trevino filed for Mayor and Ken Sapp, Tim Barth and Scott Turnage filed for Places 2,
4, and 6 respectively on the May 10th ballot, each is unopposed, no write-in candidates
have filed and no proposition is on the ballot. Council is requested to accept the
certificate of unopposed status and approve Ordinance No. 2986, declaring .that the
above candidates are elected to office and canceling the May 10, 2008 City Council
Election.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2008-023; ORDINANCE No. 2986.
COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
F.4
GN 2008-026 AUTHORIZE THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES CONTRACT WITH BRINKLEY SARGENT
ARCHITECTS IN THE AMOUNT OF $1,780,385 FOR PROFESSIONAL
ARCHITECTURAL SERVICES RELATED TO DESIGN AND CONSTRUCTION
OF THE RECREATION CENTER -RESOLUTION N0.2008-019
APPROVED
Vickie Loftice, Director of Parks and Recreation presented the item. The approved
Capital Improvement Program includes funding for engineering, design and construction
administration services related to the development of the proposed new recreation
center located between Bridge Street and Hawk Avenue, north of Walker Creek
Elementary.
Request for Qualifications (RFQ) were sought for the necessary professional services
related to the project. The requests were sent out to various architectural firms that
specialize in recreation center design. Thirteen proposals were received. A selection
committee was formed to review all the proposals. The committee, after thorough
discussion, unanimously selected Brinkley Sargent Architects.
COUNCILMAN WELCH MOVED TO APPROVE GN 2008-O2C TO AUTHORIZE THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICE CONTRACT WITH BRINKLEY SARGENT ARCHITECTS FOR
PROFESSIONAL ARCHITECTURAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF
THE RECREATION CENTER; RESOLUTION NO. 2008-019. COUNCILMAN TURNAGE SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
G.1
• ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
No action needed.
H.1
DISCOVER: PROJECT GREEN
Geoff Sherman, Landscape Horticulturalist and Tina Earle, Marketing/Special Projects
Coordinator from the Parks and Recreation Department spoke briefly on the upcoming
Discover: Project Green -anew environmentally themed special event scheduled for
March 29th, 10:00 a.m. to 2:00 p.m. at Cross Timbers Park.
The event will focus on sustainable landscaping, tree planting and care, native plants,
water, energy, and natural resource conservation, composting and much more.
Discover: Project Green will provide educational experiences for the whole family -from
kid friendly activities, guest panelists and native plant gardening demonstrations to tours
of the native Cross Timbers prairie and displays of sustainable programs and practices.
Kid friendly activities include a kids dig, climbing wall, live native animals and eco-crafts.
The event will also include guest panelists, a green market, tree sapling giveaway, dirty
sock contest and native plant gardening demonstrations.
•
Also featured will be a Hybrid Car Show that includes Classic Chevrolet, Freeman
Toyota, Huggins Honda, and Texas Motor Ford.
Companies and agencies that will be providing exhibits and displays include Northeast
Environmental Team - N.E.E.T, Shakley Green Cleaning, Ferrier Custom Homes, Blue
Marble Media, Ewing Irrigation, ONCOR - Take a Load off Texas, Texas AgrilLife
Extension, Tarrant Regional Water District, Lone Starr Irrigation Association, Green
Mountain, Gurly Gurly Unique Jewelry, Keep NRH Beautiful and Little Love Bug.
The City is proud to provide a new event for the community that promotes
environmental and sustainability practices. The event supports City Council Goal #5:
Preserve Positive City Image by "promoting and initiating environmentally responsible
programs".
H.2
ANNOUNCEMENTS -COUNCILMAN WHITSON
Councilman Whitson made the following announcements.
The 2008 Sounds of Spring Concert Series will kick off on Friday, April 4th and continue
every Friday through May 9th. The concerts will take place on the grounds of NRH2O
starting at 7:00 p.m. Admission is FREE and everyone is welcome. For more details,
visit www.soundsnrh.com or call 817-427-6620.
Keep NRH Beautiful encourages you to participate in the Don't Mess with Texas Trash-
Off on Saturday, April 5th. Gloves, safety vests and trash bags will be provided to
volunteers. For more details, please call 817 427-6651.
The North Richland Hills Youth Advisory Committee is hosting a 3-on-3 basketball
tournament on Saturday, April 12th at the NRH Recreation Center. The funds raised
from this tournament will be donated to the Community Enrichment Center. For more
information, please call 817-427-6015.
Kudos Korner -Gerald Arnold, Utility Customer Service. A 94-year old resident called
to express appreciation for the service that Gerald provided while conducting a water
meter inspection at her property. She stated that he was very nice and accommodating
and explained everything he was doing. She said his kindness and patience meant a lot
to her.
H.3
ADJOURNMENT
•
Ma or Trevino ad'ourned the meetin at 7:51 .m.
Y J 9 P
Oscar Trevino -Mayor
ATTEST:
Patricia Hutson, City Secretary
~~
~J
•
•
•
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 4-14-2008
Presented by: Eric Wilhite Agenda No. B.2
Subject: FP 2007-20 Consideration of a Request from Compass Realty to Approve a
Final Plat of Lots 1-7, Block 1, Wildwood Business Park Addition (Located at the
northeast corner of Mid Cities Boulevard and Cardinal Lane - 2.77 acres)
Case Summary: The applicant, Compass Reality LP, is proposing to subdivide this
2.77 acre tract into 7 lots for the development of a commercial subdivision. All lots have
access to public streets through mutual access easements as indicated and dedicated
by this plat. Currently staff is not aware of any prospective tenants. The CS-Community
Services zoning that was established for this property recently, allows for various land
use types from professional office to typical retail service.
At this time only a conceptual development layout has been viewed by staff. Each lot
and building will require site plan approval by the Development Review Committee as
the project is developed.
Current Zoning: The zoning of the subject tract is "CS" Community Services.
Thoroughfare Plan: The site has frontage onto Mid Cities Boulevard which is a P6D
street with 120 feet of Right of Way, and Cardinal Lane, a C2U Minor Collector street.
Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service uses
for this area. The lots proposed by this plat are consistent with the plan.
Staff Review/Rough Proportionality Determination: The Development Review
Committee has reviewed the plat and has determined that it complies with both the
Zoning and Subdivision Ordinances. The city's engineer has determined a rough
proportionality cost for the public improvements of $10,000. The developer has chosen
to escrow the funds for such improvements and has submitted those funds to Public
Works.
Planning and Zoning Commission Recommendation: Approved FP 2007-20 by a
vote of 7-0.
Staff Recommendation: Approval of FP 2007-20.
Review Schedule:
Application: 12/17/07
Final Hearing: 4/14/08
Staff Review /Scheduling Time: 10 weeks
Applicant Revision Time: 7 weeks
Total Review Time: 17 weeks
•
~~
C~
•
LOCATION MAP
N ~ ~~
~~
FP 200?-20
Final Plat
Wildwood Business Park
Lats 1-7, Block 1
Feet
Prepared by Planning 3!12!08 o i25 250 500 X50 ~,ooo
•
PUBLIC WORKS MEMO
TAI ~~H
CITY OF NORTH RICHLAND HILLS
MEMO
•
TO: Chad VanSteenberg. Assistant Planner
FROM: Glenn Smith, Engineer Associate
SUBJECT: Wildwood Business Park: Block 1, Lots 1-7
Final Plat - FP2007-2Q
DATE: March 3.2oos
Public Works has reviewed the final plat submitted to this office on February 27, 2QQ~
All Public Vllorks~ requirements have been met,
cc: Greg Van Nieuwenhuize; Assistant Public Works Director
•
•
•
M~
W
2
W
Q
a
,.,~.,, ~r ~a~ ~•~~~; r,- ~,..~
u z z i.a ~i.ooc
--{~~ -
_ ag ~k
~ i~
£ ~ 'z Y ~
! i
~~~
~_ - -
~ - ,
,$'
•K
a I °x ~.
'°3
J!
~ Q
r a (~
~P 4 r Z
Y ~~ ~z :;
i `JS~ Y HO z = ~Z~
d, ~ ~ ~ t`
8l ~W~ ~ ~ ~~ ~~~
$ ~. ~ ~ 9
~ °~~ ~. ~
9' ~9 ig
-~ ~~ g g ~-v
~ 9a~ ~ e ~
eFa ~ R a; mR~~~
S2 ~ m
~~ s ~ '~ 8¢ s F IGv~ba
~ ~`a tt W
' ~i~ 6 ~#FI ~~~ Jl
x =i I °~~ ~ t;6~ ~
u I°~._ i Y t~: i~ g5 ~
..
~ IIS
W~~
G- - _ ~ mow:
r1 ~
!1 i
~j
~t A
7:1 a ~~ ~ 1
8
~, .j ~ : ' n ~ t: y
j ZE 1t
~F c 1 ~
_Y ~ ~ ~ ~~
U ~ - -, n `4
'3 'T` x ~' ; ~s- ~ s
^g !~
~~ ~~ r ~. ~ ~ c f~~ ,~~
~ ~ ~'' ~ - - - ~ t ~~ff} ~~~
Z {' !il ~fi
~ 8 r
;;
ui
~ k
~+' A,
' ~~ ~ ~ a
1 7 ~,. ~~
o~
~g
8'I `Y - -
~ ~ /~~
' ~
;'
/~
~ _ ~ /1 /
_~ _
i
7
1, f
.y
---- _-_~
_._ - ____
.-K ~~ ~
5
~ Q>
~ ;~ ~'
~_r
J '
~ 1.:.1'1"1777 17"1'1'"1'1°I'I'l7 T1"1'1:1"1'1'1"17
,Q~ x s e - 7.;.
`.
~^
'~ v as 3, b ~~, E . .
a • .
-•,s
71a aft
~C 6~J9Pa4
y ~ ;Xg4Pap
~• ga as.
~_ ~~
Y~ B= ~ 2FSt
~J
• EXCERPT FROM THE MINUTES OF THE MARCH 20, 2008
PLANNING AND ZONING COMMISSION MEETING
FP 2007-20
Consideration of a Request from Compass Realty to Approve a Final Plat of Lots
1-7, Block 1, Wildwood Business Park Addition (Located at the northeast corner
of Mid Cities Blvd. and Cardinal Lane - 2.77 acres).
Edward Kelly, 200 Rufe Snow Dr, Keller, TX 78248 with Kelly Engineering came
forward representing the applicant. They will be subdividing the property into 7 lots for
garden type offices. There will be a central driveway and infrastructure, water and
sewer, onto each lot so that they can be sold individually and developed. The owner
will be developing one or two lots themselves.
Eric Wilhite said this is the final plat for the Wildwood Business Park. It is a 2.77 acre
tract of land. This final plat does conform to what was approved through the preliminary
plat process. The zoning is CS so there can be garden offices or any other permitted
land uses within the CS zoning. The city engineer has reviewed this and there is a
rough proportionality determination of $10,000 for this for a signal at the intersection.
The developer has agreed to escrow those funds. Those funds have already been
submitted to the city. The plat does conform to all the subdivision rules and regulations
and staff recommends approval.
s
APPROVED
Kelly Gent, seconded by Mike Benton motioned to approve FP 2007-20. The
motion carried unanimously (7-0).
•
•
CITY OF
NORTH R/CHLAND H~'LLS
Department: Finance
Presented by: MCurtis/LKoonce
Council Meeting Date: 4-14-2008
Agenda No. B.3
Subject: PU 2008-009 Award Bid #08-014 to Sky Construction in the amount of
$63,388.00 for the Gate and Fence Replacement Project.
The approved Utility Capital Improvement Project (UT0809) includes funding for new
fencing and gate replacements at several water storage tank facilities to provide better
security and to comply with state requirements.
Notice of the Intent to Bid was advertised in local newspapers, as required by State
Statute and posted on the City Website. Fourteen (14) vendors were contacted and
requested to participate in this process. Bid specifications were viewed on the City
Website by twenty one (21) additional vendors. Six (6) bids were received from the
following firms:
•
Sky Construction $63,388.00
Wall Enterprises $64,688.70
Titan Fence Co. $67,687.40
ASAP Fence Co. $68,881.15
Anchor Group $73,612.25
Construction Rent-A-Fence $84,283.00
The scope of this project is to replace the fencing and gates at several storage tank
facilities. The fencing has been patched at several locations and no longer provides
security for these areas. The landscaping, corresponding irrigation and new eight (8)
foot fencing will bring the following storage tank locations in line with the City's image
study:
College Pump Station
Conn Pump Station
Johnson Pump Station
Johnson W. Well
Starnes Tank
The Public Works Department has reviewed the submitted bids for the Gate and Fence
Replacement Project and recommends award of the bid to Sky Construction. Sky
Construction submitted the lowest bid and reference checks resulted in favorable
comments from the companies that have used Sky Construction in the past.
Recommendation:
To approve PU 2008-009 and award Bid #08-014 to Sky Construction in the amount of
$63,388.00 for the Gate and Fence Replacement Project.
•
•
VENDOR NAME
Anchor
Group
ASAP
Fence
Construction
Rent-A-Fence
Titan
Fence
Sky
Construction
Wall
Enterprises
Item Description LF
Johnson Pump
8501 Harwood Rd. Black vinyl chain link
fencing Sixteen (16)
foot double wide drive 540
LF
ate
PRICE PER LF $26.15 $24.78 $31.20 $24.54 $22.$5 $22.98
EXTENDED PRICE $14,121.00 $13,381.20 $16,848.00 $13,251.60 $12,339.00 $12,409.20
Johnson W. Well
8601 Harwood Rd. Black vinyl chain link
fencing Eleven (11)
foot double wide drive 45
LF
ate
PRICE PER LF $26.15 $44.22 $111.00 $77.51 $40.55 $22.98
EXTENDED PRICE $1,176.75 $1,989.90 $4,995.00 $3,487.95 $1,824.75 $1,034.10
Conn Pump
Station 4160
Booth Calloway Black vinyl chain link
fencing Twenty (20~
foot double wide drive 865
LF
ate
PRICE PER LF $26.15 $24.31 $28.00 $22.88 $22.30 $22.98
EXTENDED PRICE $22,619.75 $21,028.15 $24,220.00 $19,791.20 $19,289.50 $19,877.70
College Pump
Station
6105 Davis Blvd. Black vinyl chain link
fencing Sixteen (16~
foot double wide drive 825 `
LF
'
ate
PRICE PER LF $26.15 $23.82 $28.00 $22.77 $21.95 $22.98
EXTENDED PRICE $21,573.75 $19,651.50 $23,100.00 $18,785.25 $18,108.75 $18,958.50
Starnes Tank
7400 Oak Park Dr. Black vinyl chain link
fencing Sixteen 16~
foot double wide drive 540
LF
ate
PRICE PER LF $26.15 $23.76 $28.00 $22.91 $21.90 $22.98
EXTENDED PRICE $14,121.00 $12,830.40 $15,120.00 $12,371.40 $11,826.00 $12,409.20
TOTAL $73,612.25 $68,881.15 $84,283.00 $67,687.40 $63,388.00 $64,688.70
•
•
CITY OF
NORTH R/CHLAND HILLS
Department: Parks and Recreation
Presented by: VLoftice/LKoonce
Council Meeting Date: 4-14-2008
Agenda No. B.4
Subject: PU 2008-010 Award of Bid # 08-022 to Cole Construction, Inc., in the amount
of $56,775 for the J. B. Sandlin Park Irrigation Improvements.
The approved Parks and Recreation Capital Improvement Program provides funding for
this project that includes improvement and expansion of the existing irrigation system
and the establishment of turf along the drainage channel that runs through the park.
Notice of the Intent to Bid was advertised in local newspapers, as required by State
Statute and posted on the City Website. Twenty two (22) vendors were contacted and
requested to participate in this process. Bid specifications were viewed on the City
Website by twenty one (21) vendors. Four (4) bids were received from the following
firms:
VENDOR NAME Cole Choate USA Site Planning Jones Plan
Construction Site Design of Texas
Amount to supply all
materials of the base bid $20,000.00 36,978.,00 $26,203.00 $36,000.00
amount
Amount to supply all labor
and supervision of the $31,775.00 $24,632.00 $36,594.00 $61,704.00
base bid amount
TOTAL BASE BID: $51,775.00 $61,630.00 $62,797.00 $97,704.00
ALTERNATE BID'A' (Add): $5,000,00 $4,720.00 $6,756.00 $10,576.00
ALTERNATE BID 'B' (Add): $3,200.00 $2,040.00 $2,992.00 $5,588.00
ALTERNATE BID 'C' (Add): 6,000.00 3,540.00 6,586.00 9,386.00
ALTERNATE BID'D' (Add): 3,500.00 20,530.00 N/A 30,725.00
The irrigation portion of the bid document requested a base bid for the expansion of the
irrigation system along the drainage channel to help stabilize the channel slope and four
alternate bids. Alternates A, B, and C included work associated with adding irrigation in
areas adjacent to the channel which are outside of the original project scope. Alternate
•
• D was included to evaluate ricin from the irri ation com anies for establishm nt f
p g g p e o
permanent turf along the channel slope for consideration.
The total available funding for the installation of the irrigation system and turf
establishment is $74,826.65. Reserving $8,590 for water meter impact fees leaves a
balance of $66,236.65 to complete the project.
After reviewing the bids received with respect to Alternate D, staff determined that the
City can be more effective in managing the budget and accomplishing the project's
goals by bidding the turf portion of the project in a separate packet. The anticipated cost
for this portion of the project is $9,000.
Staff has determined that Cole Construction, Inc. was the lowest, qualified bidder and
recommends accepting their base bid along with alternate bid A, for a total contract
amount of $56,775.
Cole Construction, Inc. is a Keller based company with extensive experience in
concrete, irrigation, drainage and site work construction. Cole Construction, Inc. has
previously completed projects for the City of North Richland Hills at NRH2O.
Recommendation:
To award Bid # 08-022 to Cole Construction, Inc., in the amount of $56,775 for the J. B.
Sandlin Park Irrigation Improvements.
•
•
•
c
*.
r, .
~, 3
•
Attachment: JB Sandlin Project Area
CI TY OF
•
•
•
•
CITY OF
NORTH R/CHLAND HILLS
Department: Planning and Development Council Meeting Date: 4-14-2008
Presented by: Eric Wilhite Agenda No. C.1
Subject: ZC 2008-01 Public Hearing and Consideration of a Request from Barrett and
Jennifer Blackburn to Approve a Zoning Change of Tract 14F, Abstract No. 1266 from
"AG" Agricultural to "R-1" Single Family Residential (Located at 7525 Kirk Road - 0.921
acres) -Ordinance No. 2987
Case Summary: The applicants, Barrett and Jennifer Blackburn are requesting
approval of a zoning change fora 0.921 acre tract of property located on Kirk Road. The
property currently occupied by an older wood framed house which the applicant
indicates will be removed.
By zoning the property to "R-1" Single Family, the applicants intend to construct a new
single family residence. The subject property is also in the review process for plat
approval. Both of these efforts will bring the property into conformance with residential
land use regulations.
Comprehensive Plan: The Comprehensive Plan depicts low density residential
development for this area. The proposed zoning is consistent with the Plan.
Thoroughfare Plan: This proposed lot has access on Kirk Lane which is considered
a local street with 60 feet of right of way.
Surrounding Zoning /Comp Plan designation:
North: "R-2" /single-family
East: "R-2" /single-family
South: "AG" /single-family
West: "R-2" /single-family
Plat Status: The applicant has also submitted a proposed final plat of Lot 18, Blk. 2,
Meadowview Estates for DRC review and approval.
Planning and Zoning Commission Recommendation: Approval of rezoning request
by a vote of 7-0
Staff Recommendation: Approval of rezoning request ZC 2008-01 and Ordinance
2987.
Review Schedule:
Application: 2/25/08
Final Hearing: 4/14/08
Staff Review /Scheduling Time: 6 weeks
Applicant Revision Time: 1 week
Total Review Time: 7 weeks
•
•
•
i•
__ --
___ __ -
__ _
Rumfield Rczad_ _ __ ____
N
A
Prepared by Planning 3/7/08
N iZH
zc 2ao~-o~
Zoning Change
AG to R-2
7525 Kirk Road
Feet
o ~o0 20o aoo soo soo
•
•
PROPERTY OWNER NOTIFICATION
~~~-' .-~ ~~, NOTICE OF PUBLIC HEARING
~,, ~ .: ~ CITY OF NORTH RICHLAND HILLS
TFx:~s PLANNING AND ZONING COMMISSION
CITY COUNCIL
Case #: ZC 2008-0'I
Applicant: Barrett & Jennifer Blackburn
Location: 7525 Kirk Road (.92'I 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 Barrett 8~ Jennifer Blackburn to
rezone a 4.921 acre tract of land si#uated in the Stephen Richardson Survey, of Abstract
12fi6; from "AG" Agricultural to "R-2" Residential, located at 7b25 Kirk Road.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, MARCH 20, 2008
If recommended for approval by the Planning and Zoning Commission, this zoning
request will be heard by the City Council on:
CITY COUNCIL
MONDAY, APRIL 14, 2008
Both Meetings Time: 7:00 P.M.
Bath Meetings Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 761$0
Phone (817} 427-6300
Fax {817) 427-6303
•
•
NOTIFIED PROPERTY OWNERS
sARRETT & JE~'~ BLACKBt?R'~
3537 LA:~D~' LA?~F
FORT V4'ORTH T?~ 76118
JERO'~IE & .APRIL GREE!~
8b32 K1RK CT
FORT ~~'ORTH T7k 7ti 18U
:MARSHA L TH0I~IAS
8701 RL''~iFIELD RU
FORT ~~'ORTH TX 7b184
ALAN 8. GAII. EASLE~'
8749 RL"'~~iFIELD RD
FORT ~'~'URTH TX 76180
~1ICHAFL FASLEY
7>Z1 KIRK LAVF.
ti RH TX 76180
O.G. & LItiDA TOBIAS
8804 Rl.':~iFIELD ROAD
'~ RIi Tx 7618a
_r1 ARTTN & DOI21S FLY''ti'~
8b28 KIRK CT
FORT «'ORTII TX '• b 180
ERIC & KARE\ NELSON
862 KIRK CT
FORT R'ORTH TX 7b 1811
HE1RY & ROt:HELLE S'1•TITH
SG2U K1RK CT
F()RT ~VORTH Tx', b 180
STE~'E:~ & ,I1;:DITH 5ALOtiIO~E
7b00 PERKI~S DRIVE
NRH TX 7b18U
CRISTI & RICARDO FTGC'EROA JO'~ES & CYNTHIA HO~i'ELL
8800 KIRK LANE 7b01 PERKI'~5 DRIVE
`RIi TX 76181) FORT ~'1'ORTH TX ?618U
RICHARD & ~LISUN STARCK
8708 KIRK LAME
F()RT «'ORTH TX 76180
TODD & DEBORAH DavIS
874 KIRK LAn E
NRH TX 76180
v1ICHAEL & K.ATRI~A COLE
7601 HL-~T DRIVE
FORT `Z'ORTH TX 76180
BO~fVIE BELLO~~'S
8712 KIRK LASE
FORT ~'1'ORTH TX 76180
JOHNtiY' & DO1~VA SCH(}BER
7b00 HL?l~T DRIVE
FORT W'URTH TX 7G18U
~'[ICHAEL & STFPHEti 1~IORR~V1~'
11789 BtiCKLFY CT
WOODBRIDCF V9 2219?
• ORDINANCE NO. 2987
ZONING CASE ZC 2008-01
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 0.921 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 0.921 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 One 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 Cit Secrets is hereb authorized and directed to cause the
Y rY Y
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 the 14th day of April, 2008.
ATTEST:
CITY OF NORTH RICHLAND HILLS
By:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
~J
•
EXHIBIT ONE
BEING all that certain lot, tract or parcel of land situated in the STEPHEN RICHARDSON SURVEY, A@STRACT NO.
12Sfi, PATENT N0. i89fi, VQLUME 11, in the City of North Richland Hiils, Tarrant County, Texas, and being a portion
of a caned 4 acre tract as described in Deed to Marguriete Selma Marrow, Mary I`auise Brigman and Terry Ann Fincher,
and a portion of a called 4Q acre tract as described in Deed to T.O. ,iohnson, recorded in Volume 1797, Page 315 of
the Dead Ascorda of Tarrant County, Texas, ar}d being more particularly described by metes and bounds as follows:
BEGINNING at a found 112 inch iron rod in the West right-of-way line of Kirk Road, said iron rod being ]499.94 feet
South and ] 2 feet West from the Northeast corner of the above mentioned Johnson tract;
THENCE South 04 degrees 02 minutes ] 7 seconds West, along the West line of said Kirk Road, a distance of 122.10
feet to a set 112 inch iron rod;
THENCE West, departing the West line of said Kirk Road, a distance of 332.67 feet to a set 112 inch iron rod;
THENCE North 00 degrees 17 minutes 24 seconds East, a distance of 1 19.39 feet to a found 1I2 inch iron rod ai the
Northwest corner of said 4.0 acre tract;
THENCE North 89 degrees 32 minutes 04 seconds East, a distance of 332.76 feet to the POINT OF BEGINNING and
caniaining 40, ] 35 square foot ar 4.921 acre of land, more ar le5s.
•
~_
m
X
/W
V
Z
Z
N
~ ~ ~~ e ~ ~
w y~~ . ~~~ ~ ~ .~ 9
a ~~5~ ~~~ ~ ~ ~ ~
z
iii ~ ~
~ i
~~~
~.. Y ~ ~ ~ 9
~~ ~~ ~~~ ~ k a~
~ ~~~~~ ~ ~ ~ ~ ~6 ~
s ail"~ g~~~ ?( a :~
b~~- ~~~~ 4g ~~ ~~ ~~
~' ~ ~y~u g,- g$ gd a~
~~~~~ ~~~~ ~~ ~g ~~ ~~
p ~. ~ y ~Iyj~i, {l~j~~, ~ ~
I
.l ~'12i'd ~4'Z~; : ap~i5 'd ;au~go;a ~
'NOII I~OV 30V1d S,~JO~.IVl ' l '~i~al8
Z-~{ :8uiua/
P~ ai
~-- - __ _
. ___ :,
3 „tr0,0~.00 S
Ot'lLt
V
,,
~ ay .,
~C p01
u :-
cT ~ _ ~ Gv ~ ,_
'n
a~ O M w t t .r
C~
n
~
Ma° /U
~ ~J O ,[
~ ya,
~ ~ `1 La.
W ~ -~
x
: r
~u0
y
~ ~ ~
~ ^ ~ v U
N y ~ o
>
O ~ ~
W
~
C N
t GO a
0
~ U
~
J G~i w 2 (n U aC ~!
Y ~ ~
Q N~
~i '
~
~ `t W (Y ~ Ut
•-
~
~.: C-~
~ ~
4
v 6~' 6 t l
o
n M „LS,41.00 N
~° ~J
z-~ :sucuo~
a
w o
~, ~ u
.~.., d
~~
~~
i
._
O
.n
~°
°~yi ~_
N
~~ i
~ r . ~ 7S
iN ~~'~ ~~~~p$p~
I F ~
ig ~yy iE_
~U ~~~~ [~~.~~dul
U ~_
L;
O ~
cn U = ~;
z
~~
t Y
;
~ N
~~ ~~ 4
~
~' ~ ~ L U N
N
Iv.
/1
C '
~
"
~ ~ L
Q
~
~~ -~ ~
1 O
x a ~ .
~ ~' '.
~
-
1
r
Z a
~ p
V J
:J
~7
E
5
N
tl
e~
~ig
~5
x~
~~' ~-~;a~~f
'a ~ ~t~,
~~ ~ :~f$ ~
~ ~~~ .
~~
'~Ad"~
7E3~8 si
~ }~ : ~~
~~~~~~
• EXCERPT FROM THE MINUTES OF THE MARCH 20 2008
PLANNING AND ZONING COMMISSION MEETING
ZC 2008-01
Public Hearing and Consideration of a Request from Barrett and Jennifer
Blackburn to Approve a Zoning Change of Tract 14 F, Abstract No. 1266 from
"AG" Agricultural to "R-1" Single Family Residential (Located at 7525 Kirk Road-
0.921 acres)
Chairman Shiflet opened the public hearing at 7:12 pm.
Roger Hart, 134 Sheffield. Dr, Fort Worth, TX 76134 with Area Surveying came forward
representing the applicant. The applicants would like to demolish the existing home in
order to build a new home. The lot is zoned AG and just needs to change to
Residential.
Chairman Shiflet asked if they were also working on a final plat where it would be lot
18?
Mr. Hart said yes. He said that they had just received the comments back and didn't see
any real problems.
Eric Wilhite said this is a straight forward zoning change. There have been several in
the past year in this area on Kirk Rd. This is a 0.921 acre tract and is consistent with the
Comprehensive Land Use Plan showing low density residential in this area. The
applicant has told staff that they will be demolishing the old house and will be building a
new home that will meet the R-1 development standards. The Development Review
Committee has reviewed this plat and it does meet all subdivision rules and regulations
and recommend approval.
Chairman Shiflet asked if there were any others wishing to speak for or against, there
being none he closed the public hearing at 7:13 pm.
APPROVED
Steven Cooper, seconded by Mark Haynes motioned to approve ZC 2008-01. The
motion carried unanimously (7-0).
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 4-14-2008
Presented by: Agenda No. D.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
U
•
C7
CITY OF
NORTH R/CHLAND H/LLS
Department: Planning and Development Council Meeting Date: 4-14-2008
Presented by: Eric Wilhite Agenda No. D.1
Subject: FP 2007-19 Consideration of a Request from Johnson Diversified Enterprises,
Inc. to Approve a Final Plat containing 96 Lots, West Hightower Place Addition and to
approve Resolution No. 2008-020 authorizing the City Manager to execute a
development and maintenance agreement. (Located in the 6700 Block of Hightower
Drive - 22.34 acres)
The applicant, Ben Johnson of Johnson Diversified Enterprises, Inc., is requesting
approval of a final plat for this R-PD (residential planned development). The site
contains 22.34 acres located near the southeast intersection of Rufe Snow Drive and
Hightower Drive. This request is for platting of the 96 lot residential development that
was approved for R-PD zoning recently. The proposed plat includes the 96 single-family
lots and 5 primary common open space lots as specifically approved in the site plan
design guidelines established in the residential planned development regulations. Open
space amenities and curvilinear streets are being incorporated as well as a mix of
housing product type. Even though the housing market has seen a slow down in recent
months, Mr. Johnson has indicated to staff he is moving forward with the development
of the residential subdivision upon plat approval.
Current Zoning: "R-PD" (residential planned development).
Thoroughfare Plan: Primary access will be from Hightower Drive, a C4U collector with
68 feet of right of way. There is also dedicated emergency access to the west by an
emergency access easement connecting to and through the adjacent commercial
properties to Rufe Snow as indicated on the plat exhibit.
Comprehensive Plan: The Comprehensive Plan depicts Medium Density Residential in
this area. A 300 +/- feet depth commercial frontage remains on the west side of the
development along the Rufe Snow right of way which is in keeping with the
Comprehensive Plan.
Staff Review/Rough Proportionality Determination: The Development Review
Committee has reviewed the plat and has determined that it complies with both the
Zoning and Subdivision Ordinances. The city's engineer has determined that based on
the improvements indicated on the public infrastructure construction plans this
subdivision will be required to assume 100% of the amount required for improvements.
Background on Development and Maintenance Agreement: The drainage from
West Hightower Place is proposed to enter into an adjoining off-site drainage channel
that will be incorporated into the future Graham Ranch, Phase III, Addition and connect
into the existing channel within the Graham Ranch, Phase I, Addition. This drainage
channel is divided into two sections: a north channel and a south channel. The south
channel is proposed to be the same as the existing channel within the Graham Ranch,
•
Phase I Addition. This south channel will have a concrete ilot channel landsca in
P ~ p 9~
irrigation and sidewalks long the top of the bank in accordance with the City's design
criteria. The north channel is proposed as an earthen channel without the amenities
included as part of the south channel; the amenities will be added with the development
of the future Graham Ranch, Phase III, Addition.
In order for the West Hightower Place drainage to enter the off-site drainage channel,
an agreement executed by all affected property owners and the City needs to be
executed. These affected property owners are Graham Ranch Partners, LTD, Johnson
Diversified Enterprises, Inc. and Billy & Ernestine Graham. The agreement defines the
roles and responsibilities of each party in the construction and maintenance of both the
north and south channels.
This development and maintenance agreement defines the responsibilities of each
party; the key responsibilities of each party are:
• Graham Ranch Partners, Ltd. -Agrees to amend the current watercourse
maintenance agreement (approved by City Council on September 26, 2005 for
the development of Graham Ranch, Phases I & II) to include maintenance
responsibilities for the south channel. The revised watercourse maintenance
agreement will be brought to a future City Council meeting after the appropriate
drainage easement has been dedicated to the City of North Richland Hills.
• Johnson Diversified Enterprises, Inc. -Agrees to construct the north and south
channels in accordance with City approved construction plans.
. Billy & Ernestine Graham -Agree to dedicate a public drainage easement for
each section of channel upon completion of the channel improvements and
acceptance of such improvements by the City of North Richland Hills.
Additionally, the Grahams agree to maintain the north channel.
• City of North Richland Hills -Agrees to review construction plans for the
proposed channels.
Planning and Zoning Commission Recommendation: Approval of Final Plat by a
vote of 7-0.
Staff Recommendation: Approval of Final Plat, FP 2007-19 and Resolution No. 2008-
020.
Review Schedule:
Application: 11/12/07
Final Hearing: 4/14/08
Staff Review /Scheduling Time: 12 weeks
Applicant Revision Time: 10 weeks
Total Review Time: 22 weeks
Review time was extended due to issues that were being resolved between applicant
and adjacent land owners as it relates to drainage infrastructure improvements.
•
•
LOCATION MAP
,~_.
r
:~~-
.y
-~-
tr
4~
.~
,td
•
•
City
of
Watauga
.__,
__ ~ __-
_; ,
FP 2007-19
Final Plat
West Hightower Place
6700 Block of Hightower Drive
Feet
Prepared by Planning 2/1/08 0 125250 500 X50 x,000
~J
t
~_
w
J
~.
. ..___ s
K~i;
rt ~'
t ~: y1
o~
~
~ ~
~~~
`15~
m } ~
`~, ~ i
rr
y
~
'~..~
i W ~
~
_l = J
.'
- ^ ~
f
f ~ ~ i
~
z ~ ~ ~ S 2 1
~
5 ~ ~ ~
~
~ O
o~wN~Sw
o
n
s
~'
L
~7$}9 ~~~
z
~ ~
~ ~~ L~
g~'QZ
V 4
f`
°o
.~~N
'
~
y r~Fat
~
y'i
S#`~ Z
a~ N`Y ~-~ 2 w
~.
~ -~ II }Q U
Z_
y
y
(
4
x v
k§ ~
R ~
'
Z~
'~4
~
# 2~ y
y--
?
~~ F
~
l
J f~ ~
~~ N~ 2
N
it
~=NJmz W
o
a ~
¢~ '
3 ~ i ~i ~I ~ C C~~a ~ :
v
.:~: N G S/)
~,. `, .. n . ~.~ ~t ~ ~ W Q ~ ~ j W
~, m >. Q ._ ~ f .. J
O ~ U
JR
V 1 .e
~ ~
4~ ~ •iIGFITOWCR DRWf ~ ~. +~
589'40~50 "E ~
,,
e., SB9'S2'25"E 281 .56 _ _,F 238 1 7' p
_ __ _ ,,r ~"
I
I - - -_ r-
~~
' ~
rv P
~~ y-1 ~
~;~
y - O
UiS
4 ~'fij
~
~ S`1 t2
~
~ ~~~i 'R
~
~
w r,
.! ~._~
]£>' ~
....
~
~
..r ... N
1
'?s,~ v
....,
~ r
Z
3
ae~ { e,`
«1
--~--
3 ~ ``
s ,, I
~ lE'
.~ is
a,
~ ~
z
~6
b
1'f ~~G
A@ir
=;?~
~: ~
., 'y X
~~=4a
F ~~+s~
~~~
~~t~
fy~~~~
z~~~~
~;~€~
~'
r~# 4?
_, ,4
~ "€~
~o-s
r:.~ ory~
li
+{~
} ~ ..
r,
~'
x.
x {~~~
1 ryin ~'~n_i
r
n
°_ ...,
' » .. ~
WAL
'
LOW lN a ,
p
•••.
,S .
11
> .r .~ ` a
s-~99', .~._ I
'
'
'W~
` __
-- #
;
e
,` S~ B9
31
~2
~
ti
I- f- :
`
~~:fir
~
..
W ~
,~ ,
/ x
Y
~
~ \ ~ ' ~ o l ~' ' ~
I ~
` ' ~
"'
ti~
t`
~ i ~n
~
~
~
~ ~ ~ I
~ ~.
\ ~
,r ~
~~
2 ~
_
J
- __ .__
_ o-.~
~
..
r
9~ ~
~,
r ~ ' ~
nf
*
4
_. __~ _-
'.' W
__ $
2 YY'
$$ y
~~ ~ =,s4tJ~
•
•
.l.i
~..
V
M~_
W
X
W
Q
J
a
w
U N ~ ~
~~ J
`~ tp
~~~~~5~~~3~` +t)~~ M Sri 13~v~osz<5~1~` }0~~4
fit ~tY~r[rttrrrtF Li~ ~ ,y ~ i ¢.nsZL~'~ Sina'~~ a K~
5:~.<~i°z~y~~~+s ¢s6 1 + C~F ~ ~ a=v~c~tx°~ r;~<'~ 7 a~ o
.,
K~~~X~~~~5giS5~~ ~ 's s 1 a t` ~mz~ ~ ~ .: J 9
r~rr t ~ r~i ;e c~~a Q`r.~~'
..~. . -- s ~~ x
a ~ c, j ; t~ #" ~,F- t3 a ~ ~ 4 ~ t a ~ Z E8
t b er i;t p ~.:n„~[ f ~~°r• r f ~f 4 ab~ G t ~A~a ; I rF 3'1
b ~l #$~~~~-§ x;D~~a;~ d~~~'d~~~$ ~~~u =~~$ ~;s~3t ~~ a~pa'~ a~a~~4I b~~~¢~aa~ #~r~a s
0 ~~~;;;g~-~~~ ~-~~s;~ s~Ea'`3~ S~F' s€~.' ~'~~ ~a a4= ;nt Tt~a "s~i~lF~g~ ''~~'~A ~
~gi~~r=3~~ ~~f~;~~ :a~g~$D ; ~~~. '~~~ ;; a~ ~ z- rs. ::~sa8 ~gi~'~ iq~~ g afia
: ~~`6g~;(x{jYai a~j#~~~; ~}~•{Fba~~" -~[~~ ~l~z ~~•{Z ~i~ R94~ ~1SaYFt Y~~~s~ ~ $4g ~ i~i~g ~ ,$ ~
[ - Y SY "0• a d ; :'! j g1}~ :RBS ,~ ~ j. 1 :; ~.~ S. ~f ~Y ~• b '
a Yf' ati$ g i a g ~a D ap cap? da-tii # €i a + ~ +t a
:g ti~~gg~'~'<a ~~p:~,~ ~ ` _- ~@g. ~ ~ fig. g gg~ g:.` ~g.~#g. y¢~ggg.t~#~~, g~t~~ g ~
x ~ i;-Y ..j +x a r~ ~+ x~6 f f b
.._ 3~ ~'~#X~~F a~s fa:FF~` "~=y~~~baa ~~~t>i ~`Fpi~ x~~aF~ aY; y,Tt.b n.~$-gg,.t rY€as~~g ~~a ~ ~ ¢as K
t aFR iia• . D.,~a ~ 5 ~ t c t es rtE Y~° i.Y ~"< ~ ~ ~' °~ ~ ~ ~
d $e.t~ ~ a ~ [ '-~~ ~1 {$r rr E6 -c_ r 3r$ Ejx !5x x .,~:.( ti$`;~z"~Z~ y ~ I
'~pp ~°~3,~~~ ~ ~ •y_.g ~ /~YDty ~I~l~ itlY d~y~~ ~R R~ "E~ #b,~g ~PA t {X d .~ ba~~a ~ ~~ ~ . ~~ gk
n ~1 Ri~°.'~ ~M$e ati $~• t3~; ~~j ~ a~~3~ .d s„~ a a }•-e s"_sf~ ~ ~ ~~Y~~d e ~ ~ ~ '' ag a t .K
~ ~~ •b~~:~-!~Gg{.~ xi~'~ 3y_ ~~ ='S-s P$' -_~"" ~ -~~ "aa~$~~ ~'~~ a ; ~~ kk ~ 4 ts~~ ~ ° ~i~
r ~~ { ~ „$~~b$~a• ~$~~_ ~iab~ ji~ai~ fir ~$~ i g~} a Y ~1~~~ @ = ~ c}a ¢ ~ b a
d ~ ~_ !~^~r~a5~~!d# at~d;t. ~a x 3!? a a., an3.: a ..ate sa aa~_ ~a_§~~_° ~~'_~~~Se ~ d r dsaaB&n ~ '3 IS
~~~} ~ ~: ~~ giggt gglg :#
R
4354 4 999 49 99949 9444 99
~ 71134 14 534 53§ 34359 3453 153
i mist +s g~a zgs g~!s§ ?#ss ?s
i i 49444 9 44 3 444 i ai4M1 i 44444 i 4444 i 444
::: 3 ~ ~ ss
944 4 4 9 4 94
;At d3 ~F ~ g '¢Y gps
45355 5 4 1 §43 5§5
:] :7:
p 's:.s Ss :s ! ~~i gas
7 44444 i 44 7 44 7 4 :449 i 949
':F~p~'ita~`ci~'a#°~~i~~`ie+~~q-11~~~~tt6'AA~#~t;Seia~~Spl~i93ii~ll~IiCk~ili I-~ieellDliT~'a~90M~
+ -aSYt 1!i-!1!!'ii•!$isllia .: I~/1 ~~l1!ll~~ali
t t1^FYiClYY/tIt YYY:Yi Yf"Yl;l6t'A"Y1lLYY'YR_Ff iA=Yt`CiRIYp TaYt.7 Y7 YJYl=YiSYY i^-Ya:.ryf YY Yx 1?;3
Y„ Ytta cFa}ff?lliz tn::Yrxt e~}its}Yi/r3e.Ytsar-rttr.: }Yf.•nrrt:aYru}:'fit}3:§:OS eY t/2 9 .••/•.
kk k k``~~Ck kkp'^'' `k k' k'aa-'' k k k;ilk k3; yv k~k kak3w' F~kbkY :' k ik~ k f 4bY Yk
/ •~~~¢~ .~i#tg~"_f:##~¢SG~cEa~^~~~#i'•°_E~atPtier~r#¢#~'¢s£~S~~c#~lg;~c¢##i#~s~#i!¢~l~t~s¢~~:e
{ fItTY YYMf: Y41p~YfttYtt7 St4}ktt`Y9iRYY"t+AY ~-Rk tY aYA~YYI,;:AtYt~YGtt.tSlYtA YY9 YCtAlYi`Y:Yf`+.A
5 7ta1ue4DY.tAtts.cfaita/sYj(sw/iriir~flace_.iYlfa ~afi•;strl:ate Y: ^Ltt;s2tiy tYe~/:t Y::"1°-
bYY„kFltYYY~~ff fi~Iff irtYYYYYGJf ~t,MYYYwYL MB/Y~+=MYY~YSfkfI M*tY1Y"Y1/tYY ifla7YtYYAYYYY tt
~ 9e - !!s^#..u~ ~elw!! ~}~ ; ff. ~ •s~ ~cs.~,:}}}e.a~} M.}}}s~:~G}~'r•_
~vrrat*:;~-u•..FV'~w:.scaaY~auc,.saasrx~~taTYgYY,fry;~royY:prS~AAPcpSt;}.Ste rcyere~!i±tai}Sy1at:
~ s
s
~ t35
d E
~A' ~~~ & a
6 ~° to
/~ T. •
1
fir` S
o! /t ~ t a cxf~:YA!1 ~4. a~ Yt t 1a t t 11 A CY... AY Y='ti xYT. gYt7 nY9 i11Ya
I Y'! /t. ..^'/f..^•.a4'G-ks..•. _tf t~/.. .._L. t.._.ft.....4Y1Y9='t.•Y° SfYY[AY7Y
i4i'Y~ffi[S~S>if<:#45~~ZR~'tS~SFS~~~#;~f~eF?{C{t~Se; R~Sfi ti p ~~i €t.r ~~R
~ C~~3ii6~;i~~~$;~i~iii~i~€B~~ii~~~ri~~i~~~~i~~~ri~~~16~i~:~iz~~;~~3
"• T• i T •Y: ^3"S: f tNl9Atk4cYCN:.A ~,tY I1G11RY: p:22S Ti>i1~t:3t7;7}~YRY [7~7 }/L Nf ;
•
EXCERPT FROM THE MINUTES OF THE MARCH 20, 2008
PLANNING AND ZONING COMMISSION MEETING
FP 2007-19
Consideration of a Request from Johnson Diversified Enterprises, Inc. to Approve
a Final Plat containing 96 Lots, West Hightower Place Addition (Located in the
6700 Block of Hightower Drive-22.34 acres).
APPROVED
Bill Schopper, seconded by Don Bowen motioned to approve FP 2007-19. The
motion carried unanimously (7-0).
•
•
~ NFZH
RESOLUTION NO. 2008-020
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 a development
and maintenance agreement for a proposed drainage channel which is
required for the development of the West Hightower Place subdivision, as
the act and deed of the City.
PASSED AND APPROVED this the 14th day of April, 2008.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
•
•
r~
DI?.Vl+;l_.(~P:~IPNT FIND 1\~IAINTENANCIa: ,~~GREF=:~1EN'I'
phis Development and Maintenance ~~grecment ("Agreement~~) is made anti entered into
as of the 31st day of Iv°Iarch, 2008, by ~u~-d between Dilly .l. (:graham and Ernestine Graham
{"Graham"), Graham Ranch Parlners, I,td., ,- 1~e.~as limited parUicrship ('Partners"j, Johnson
Diversified I~ntc-pris~s, inc., a "fetal eorporaticm (".Iohnson"), and City uf~?s;urth Richland Hills,
Teas, a municipal corporation t"Citti ").
WI~~IE1tEAS, Graham, Johnson and Partners ente:reil into that certain Development
agreement dated April 1(i, 2007 (the "De~~elop~nent Agreenent") with regard to the
eonstruction of a drainage channel in the area described un I~xhihit ,A attached hereto and made a
part hereof tier all purposes (the "North Channel") and in the area described o-a 1-:Yhibit f3
attached hereto and made. a part hereof fur all purposes (:the "South Channel") (collecti~°c1}-, the.
"Channels"); and
~'III_;Rf_;AS, Graham agreed, pursuant to she Development flgrec:rnent, to grant a storm
water drainage easement in the Channels in favor of City upon completion of the iu~I~~-~ovements
in the Channels and acceptance of such improvements t?v City; and
1~t'f-IERE~IS, the parties hereto desire to enter into this ~lgrecmi:nt for the purposes of
setting forth their ~utde-standing of die granting of~ the st~~n•-n water drainage easements and
maintenance of the Channels, as well as storm water drainage into the Channels from the
property owned by Johnson described nn f_~hihitti C_ 1_and C-2 attached hereto and made a part
hereof for all purposes (°`Johnsun Proper n ').
NU1~4' "('I II~RI:1~C)RI:, for and in consideration of the mutual prun-ises and tu~dertakings
contained herein, and other good and ~~aluable consideration, the receipt and sufficiency of which
is hereby acknowledged, the pa-~tics hereto herc:hy agree as fi~lluws:
1. Channel Plans and_ [~ra~4°ing. City hereby approves the plans for the
-- --- -
improvemcnts to be made in the Channels, which plans are atr,~ched hereto as Exl~ibit__D and
made a part hereof for all purposes (the "Plans").
2. Reconlirmation of Dcvelo~~mcnt :lgree:ment. Graham, Partners and Johnson
hereby reconfirm their respective obligations under the Development Agreement.
~. Dedication of Easement. CJpan completion of the. improvements in the Channels
in accordance with the flans and acceptance of such improvcrncnts by City, Graham r-grees to
grant a perpetual storm water drainage easement to Pity for each of the Channels in torn and
substance as the drainage easement attached herein as fahih-t f; and made a p~~~rt hereof fur all
purp~~-ses (the "Drainage iasement Agreement").
•
•
-{. R4aintci~ance oi'_ North Ch~ini~cl. Upon execution and dcli~~rry of the. Erainage
F.asemen- Agreement by Graham to Cit}~ ~ti~ith regard to the No~~ih Channel, (;sham agrees, for
su lung as Graham ow~~ns the ~`urth Channel, to maintain the North Channel in the same rnartner
as Graham has prior to the date hereof maintained the cartheit rha~u~rl that has existed prior to
the date hereof in the area in which the Nortit Channel is loci ted,
~. .~laiittrnance of South Channel. Upon cxrcii-it>n and deli~~ery by Grala<rm to Cit}
of the fh~aint~igr l::asement Agreement for the South C'hanr~rl, that certain Vti"atcr Col~rSe
;~laintrnance Agreement dated September R, ?0(1~, executed b1- Partners, a copy of ~+~hich is
attached hereto as txltibit_ f~ and made a part horror fur all p~u~poses j the "V4'atcr C~r~ursc
:i~;rectnent''). dill he amended to inrludr the South Channel and the South Channel shall he
rnaintainrd ittacrordance ~~~ith sorb ~l'atcr Course Agreement. G--aham shall h~i~rr no obli;.~ation
of any type with regard to the maintenance ul~ the South Channel.
G. y~'atcr Course Agreement. Partncr> and Pity agree that the ~~'atcr Course
.-lgrcement ~+°ill br ~~mendrd to clarify that «~hru ('arti~rrs assigns its obligations under the Water
Co~u~se Agreement to a humeo~~~ners association that assunua in writing these obligations.
ParU]el's will be released from all liability under the ~t~'ater Course Agreement ti+~ith respect to the
obligations assumed by the homeowners association.
7. Johr~sun l?ru~ert~~ l)raitta~. Johnson ~igrees, and Ciiy agrees to require, that tl~~e
Johnson Property will not drain into the North Channel except only Coe strum w~atrr natura{lt~
11o~~~ing fri~m the surface of the Johnson Property to the Kurth Channel and then only in such
manner as not to cause any damage ur erosion to the North Channel. Johnson further u~rees, anii
('uy agrees to reduiic, that piny ste~rm eater drainage, ,ystem oil the Johnson Property. ~~~hrther
through s~~~ales, ditches, channels or underground pipes, «~ill drain freim the Johnson 1'ropert}~
only into the South ~'hatu~rl and thin only in such manner as to not cause any dan~a~~e or rrc~sion
to the South Channel. Johnson agrees that Partners shall ha~~e the right to appro~~e. ~~~hich
appru~~al shall not he unreasonably withheld, the ch-ainage plans of the Johnson f~'roperty to
insure that the drainage into the South Channel conforms with the reyuiremcnts of this
paragraph. City agrees not to appro~~r the dc~~rlopment or drainage plans for the Johnson
Prupei~ty until Partners has appriwed the drainage plans.
8. Succetisurs aid _~ssis:ns; Co~~enant.. This .~lgree«~r-tt shall inure tv the benefit ut
and br binding upon the parties hereto and their rrspecti~~e heirs, executors. surcrssc>rs anil
assigns, and shall be deemed to be a cv~cnrmt ruining ~~~ith the land.
e). Gu~~rrnir,__~g_La»~. "I~his Agreement shall br zuvrrurd b~~ ;uu1 interpreted in
accordance e~~ith the laws ofthe state ul'"Cexas.
l(1, :lttornil~s T~c`t~. In the c~~rnt of any proceedinC~. «~ith regard to the interpretation
i,r r~~turcrmrnt of this Agrernu°nt, the prc~~ailing part} shall br entitled to rero~~er ti~om all other
parties rcasonahlea attorneys ties and court costs.
Il. l~nfurcc<~hility. i;acl~ party executing this ag,rerntent birch}~ represents and
warrants to all utl~er partir~s that such party has the po~~er and authority to execute this
•
•
.~~.!retment ~~n behalf cif himself' ~~r hersell` .u the entitS un ~~~h~7se beh;-If this rlareement is
executed and that this ;~~reemcnt has becu duly executed anal dcli~~rr~:d b~~ sr-ch party and is
binc~ling ~u~d eul~urceatile a~!ainst such party. ur tl-e cntit~~ un ~tihose hehult'such party is cxrcutin~~
l[lIS r~~l'GC-11Cnt, in a0001'danC~ V1'Ith Its tC-'111S.
12. ~ni~i~di»~»t. "I~his r~~recmcnt nru~ b ~ amended only in a ~~~ritir~~: cxecr-teil h~~ ull
parties hereto. ,~ ~ /''~/'~ -
3I 1. [ X~. C.fiTt'~ fl Ali l
~~~
. I ti ~. (ilZai
t
a Texas limited partnership
[~y: Rebel ['ruperties. C.I_C'.
a ~Cexas lin~~ited liability cc+mpany,
Its: Gen~rall'artner
13y: ,
__._ _
ti~lar S. ~4'ood. ,flan -~c
.IO}iN~C)ti DIVEIL5IF'IE1) L.ti~~l~:ItN1t1St~.~. 1:~~C'..
a ~fexas c~~rji~~ra~i~~n
,,
~ r
t 7
._ .__ _ _.
1.3on Johnsc,n. President
,.
,~~~["I~LS~I~: ~'[ CY c.)[= tit)IZfll IZICI Il..~ly17 [I[1.L.S.
~IT:~:~S, a municipal curpuratir~n
I ~:
C'it~~ Secretary Carry .1. Cunninghi-m. City's-1ana~er
;11'1'kUVEU :~S "I~U FU[Z:~-~1 r~ND
Att~~rncy fir the ('ity
3
•
f
ti
r1CKNU~VLI?llG(~'1LN"I'
This instrument ~~"~as aci:n~iw~l~dcei) h~ti~rc me tilt [Iris ~ ~Itty o1~
- - -.-
~~ .}'lt~.-'~__ __-_-• ~'~08, hy~ 13TI_LY J. C~R~(IAti~I, and hi? ackn~«~ledge~l to m~ that h~~
excduted same for thu purposes and for the ctinsideratiun therein stated.
`~~~~~ 0~~~ Pt/~~ C ,~ ~~~~
:'~
~~~~i~i •• • 1.17-2~2~~~`\~
C'(:~[N 1~1' OF f~~klr:~N'l"
.,
~,
{ _' ~ ~
Notary Public in and for 4
l'he State u1 'Itexas t
ACKNO~VL.EU(:l\~iC?N'1.
~ (hlt u~strumcnt ~~~as acknuwlcdpcd before me un this -.'.- da~~ ut
1:~~. .2008, by T_I2NE5I"1NF. (:iR.~111~1M, and she. ackncywlecfg~:d to rrle that she
ex~.~•utul san~~~~~~RuM~~~ ~~~~poses anij for the consideration therein stated.
,. ...,
\\~~ N". .. FY ~~i
~ ~~tY Ptle• • ~~~ ,
~ ~ ,"
~ Cif, •~ y
t
• ~ ~ ~ ~l~_
a 4 ,_ `~
Nut lry Public In and Iur ~J
i ~
-' [ he State of "I'e~as
~~~~~~~~p~~+im~w~``~~~~ r~CKNO1Vt,I~:UGi\~IEN,[.
ti
CU[~N'1 ~' 01-' 1'ARR.~~NC y
T17is instrument was acknowledged before me on this ~~~ da}° ul
_ __.'(~'Lo..~,ti~-_,____-• 2008, by ti~Tark ti. Vl'uod. s'~TanGfger of Itchcl Properties, LL(~', a `I~exas
limited liability compan}~. the General Partner of Gft,~~llr~lVt T2~~NC'I1 PATtTNT~RS, L."1~T:)., a
"[~cxas limited partnership, and he ackru~~ti~ledged to me that lie c~.ccutcd Same fur the purposes
and fin the consideration therein stated.
••` a.
~~~~~"'`~ DEBORAN RODEN POWLEY
E Notary Public, State of Texas
S, My Commission Expires
~+it'+'~ MorCh O1, 2009
Nana'
~ ,~ ,~
~-~-t. (' ~ w-
Notary Public in and for ,,,
T"he State. of "!"exas
•
.ACKtiOWLEDC;31t~:ha.
CUt_;N~I-~' OF T.'~RRAN~1~
~1-his instrument ~s~as acknu~~~ledzcd beli~cc n~te on this ~ day ot~
l.ti I I,RI'IZ1S1„ INC., a 1 i.•~.(a~ cc~poration.Ictnd,hc acknual died t ~ it c that he~•~ccutddRSlI~11I:)
une tin'
the ptu~poses ~«~~1~+~~ry~yonsideration therein stated.
_. "-~~,_._.r-_----__-__~ _
N~itar~~ Public in and for
The State of -l~exas
S"fA"I [~ Ul~ ~1-I;XAS
l-his instrument ~~~as ackno~~~lcd~ed hclure nee ou this __~ day of
2f)U8, b)~ L.arry~ J. Cu~utin~htun, the C'it~~ Manager ol~ the CI~1-~' (_)1:
_.. _ ,
U(~It~l~ll RIC'111,:1NU i-11LL,S, TI ~,~~5, a municipal a~rporation, and he ackno~rled,,;ed to me
th<<t he executed same Ii~r the purposes and liar the cunsideratiou therein sty ted.
Nutarv Public to and ~-or
~rhe slate or ~rexG-
•
~~z~iN~r.F I~:AScMr.N~r
E3ci-~L 1.>98 acres in the ~~'illiam ~1ann Surrey, 1t„tra~:t '~'~,. 1111 O. ~l=arrant County.
~le~as and being a portion of that 37.00 acre tract clescrihed in a c(eed to Frilly .f. Graluun
and Ernestine. Graham and rrcorded in ~~'olurne =3?U=~, t'a~~e 1 16. Ueed Rec«-ds, ~l.arr~-nt
(_'ounty, ~F~eras and tieing nxu-e particularly described as lollo~ys:
I3eginning at a `.~~" iri~n f~~und in the ~yesterly line of said >7.U0 acre tract, in the southerly
liar ol~ (lightc»~~er [)rive and at the northeast corner of a 13.278 acrc° tract described in a
decd to Johnson Uiversi(ied I:nterprisc. Inc. and recorded under Tarrant Count}~ C'1r:rk's
File. tio. [)20731989;
Thence N 81 degrees 3G minutes -#~ seconds I-; ~yith the southerly line ol~ Iiighto~tier
farive, 9.00 feet:
I-hence S 00 degrees 2~ minutes 29 seconds F:, 732.76 tee(;
Thence S 89 degrees 34 minutes 31 seconds W. 9.00 feet to a paint in fl1e westerly line
oi~said 37.00 acre tract and in the easterly line of said 13.278 acre tract from which a >:''8"
iron ~tiith cap found at the sauth«~est earner of snid 37.(1(1 acre tract he,u~s S Ot) degrees ?~
minutes ?~) seconds F~. >78.39 ltet;
~I~hencc N 00 degrr-es 25 r»inutes 29 seconds ~~' ~yith the westerly line of s~iid 37.00 ~-cre
tract and the easterly line of said 13?78 acre tract, 712,82 feet to tl~~e point of beginninL.
and containing 1.3y8 acrra or 09,61 j s~7uare leer.
EXN181T
~_
~J
•
,~
u
N8g'38'4S'E
05.00'
~~
~t~~~
,fir ~h
i
~~
c~
n
~~
k"rn
`" "~ m
~ ,.J
~~~0
^t o
0
0
2
0
NIGHTOWER ORNE
T
~~ `
I I I
1 I 1
~ ~
w
Q
1 ~ a I 1~ 2
N ~ 1 c~ w~ 1 1 p
41 ?
r
t/~ ~ z ~ a
r3 ~ ~
rn~ ~ o ' Q
~~
~
~
I 4 ~
~,
tp VJ 6t~
r ~" ~
~'~^ ~<L 'F'y~ '.'
s~ ~
~
'~ I ~
d
z
y
~
0
,
2f W U
~
~~~~ ~'
~ ~4 ~ 12
9
9ncF~
J
KING
RANCH ROAD
~';i!
i
{. '~
I~
n
i~
Yv ,gyp
JOHNSON DNERSIFIED
ENTERPRISES, INC. ~,~~
9.064 ACRES ~'
D207372342 `e
__ a --
WINDSOR PARK ADDITION
VOLUME 388/201, PAGE 3
BASIS OF BEARING IS THE PLAT OF
GRAHAM RANCH -PHASE ONE RECORDED
IN CABINET A, SLIDE 11085.
ALL RECORDING IWFORMATION IS PER
THE PLAT OR DEED RECORDS, TARRANT
COUNTY, TExAS.
SURVEYED ON THE GROUND ON JANUARY
z, 2ooe.
STEVE MILLER
R. P. L 5. 4224
:~~~~..*
~~vE t~111.1.ER
...4~~',
4,~, • ~.
u
6
I
1
7~
LFOUR SIXES RANCH RD.
2~ ~
LOT 34
RICHFIELD SUBUNISION
VOLUME 388/169, PAGE 18
~~-
1 " = 200'
DRAINAGE EASEMENT
BEING 1.598 ACRES
IN THE WILLIAM MANN SURVEY
ABSTRACT NO. 1010
CITY OF NORTH RICHLANO HILLS
TARRANT COUNTY, TEXAS
M{LLER SURVEYING {NC.
X30 410-Cff1ES 80UlEVARO, HURSf, JE)N9 7605
PF10HE: METRO E17 S77-tOS4 FA%: 4ETR0 (Et7) S7J-0972
Su. DAi f_j_O~ J68 N0. 03002 Pt61 ~'+.[. 03001MM
•
1)t2A1NAGE I~ASI~MENT'
13cing 3.047 acres in the ~Villiant Mann Survey. Abstract No. i OIO, 1`arrant Count}~,
Texas and being a portion of that 37.1.11) acre tract described in a deed to Rilly J. Graham
and k~rnrstiur C~rahanl and recorded in Volume 4204, Page 1 16, Used Records. Tarrant
C'uunty, 1~~exas and being more particularly ckescribed as I<~llu~~s:
t3eginning at a 5~'8~' iron with cap ti~und at tl~e common ~~~rsturly corners oi~ k.ots 24 and
34, k3lock 1, (:graham Ranch, Phase t~nr, an additii7n to the City of North Richland I-[ills
as shown on the map recorded in C'ahinet .~1, Slide 1 l t165, Plat Iteci~rds, ~harrant County,
l rx;-s:
~I~hrncr ~ Ob degrees 2G minutes I3 seconds k~ with the ~~~estrrly line of said Lot 34,
1 10.00 feet to the: southwest corner ol~ wick Lot 34, being in the suutlterly litre of sari
37.00 acre tract and in the northerly line of~Richticld Subdivision, an addition to the C`it}~
of North Richland trills as shown on the plat recorded in Volume 388119, Page 18, said
plat records;
~I~hencc S 89 degrees 33 minutes 47 seconds 41% ~~~ith the soothe-•ky line of said 37.U0 acre
tract and the northerly lint: of said Richfield Suhdivisi~m, 7~a5.7=~ feet to a 5f`8" iron ~~~ith
rap found at the southwest corner of said 37.OU Mere Cract, the north~~~est corner of said
(Zichfield Subdi~~isiun, the northeast c~~,rnrr of ~r4'indsor Park :~ddition..ut addition tt, the.
C~it~~ of~North kZichland }dills as sho~~~n irn the map rec~u-ded in Volume ~88~'?Ul. Page 3,
said plat records and at the southeast ri,rncr i,f ,r ~).U(~-~ acre tract drsc--it~ed in a tired to
Johnson Diversified Enterprises, Inc. and recorded r.utder ~k~arrant County Clerk's File No.
1_'07372342;
t~hrncr N 00 degrees ?5 minutes ?9 seconds ~4' ~ti~ith the westerly line of wick 37.00 acre
tract and the easterly lute of said 9.061 acre. tart. at 200.13 feet pass a 5~'8`' iron Iitr-nd at
the common easterly corner of said 9.064 acre tract and a 13.278 <-cre tract described in a
decd to Johnson Diversified Enterprises, lac. and recorded under Tarrant County ('lark's
File No. [.)207319895 and continue un ~~~ith the westerly lint oisaid 37.OU acre tract and
the easterly line of said 13.275{ acre tract liar a total disu-nce of 578.39 teat to a paint from
which a !~:" iron Iound in the suutlterly liar ul~l kighto~~~rr Urive that is in the ~~~rsterly line
of~said 37.00 acre tract and at the northeast corner of said 13.278 acre tr~rct bears iti` s)0
degrees ?> minutes ~'~) scconils ~V, 732.82 feet:
k~hrrtce ti !~~) degrees 34 minutes 31 seconds f:, 05.00 fart;
l~hrnce S 00 degrees 25 minutes 29 seconds k~:, 389. I 1 feet;
Thence S 52 de~~rrrs I9 minutes 54 seconds E, 128.45 fret:
I~hence ti fig degrees 33 minutes 47 srcenuks F, 569.62 feet to the point ul~ beginning and
containing 3.047 acres or 132,733 a~kuarc feet.
EXHIBIT
~_
•
•
C7
H~MOWER DRNE
~ I I
~~ry I
I I ~ i
~
~ ~
"
CU
~
~ 6
lv I I~ w
I
~I ~ ~' z$ I I o
2 ~ ~ + w ,n
~ ~ ~ ~ a
~ a
m w
A
<u J
~ I w
~ ~
~ i
I I ~
U
w `~` ( W _
v
i
m< ~ ~ I ~ d
r
I
'
+
~N ,'' ~ 8 ,
,~y
~
-
~o
c,~
~
~
.o ;y
o ~~,
,~
`~
~
9 ~ KING RANCH ROAD
~P~
~
f
> n B
o
~ ~ I
I
,~ 7~
~
~ k ~
!7
FOUR SIXES RANCH RD
~i
-- n ~ry
~
.
1 4
OHNSON DIVERSIFlED ~
24
J
ENTERPRISES, INC. ~
N89'33'47'E 569.62'
9.064 ACRES
0207372342 3.047 ACRES S00'z6't3'E
110 ~. l0T 34
(132,733 S.F.)
- - e
!e. 589'3S'471M 785.74'
,
WINDSOR PARK ADDITION ~y'R;y RICHFIELD SUBDI495ION
VOLUME 388/201, PAGE 3 4'C~ VOLUME 388/169, PAGE 18
BASIS OF BEARING IS THE PLAT OF
GRAHAM RANCH - PNASE ONE RECORDED
IN CABINET A, SLIDE 11065.
ALL RECORDING INFORMATION IS PER
THE PLAT OR DEED RECORDS, TARRANT
COUNTY, TEXAS. ~ ~ : 2dQ~
SURVEYED ON THE GROUND ON JANUARY
2, zoos. DRAINAGE EASEMENT
BEING 3.047 ACRES
STEVE MILLER IN THE WILLIAM MANN SURVEY
R. P. L. 5. 4224 ABSTRACT N0. 1010
CITY OF NORTH RICHLAND HILLS
' .•;r'i51~ER~••, TARRANT COUNTY, TEXAS
sTEV~ ~lu~ MILLER SURVEYING, INC.
~~""•~~ •"•""~~•~
424
41~Q' {30 IIID-CRIES 80ULEVMD, HUPSf, TEXAS J605{
PHGNE NETHO (B17) rT-1052 FNf: ldETRO (St 7) 57)-097]
wH
i
!/ S.Y. ~
[: 1`2'oe X09 no 03002 nGOr Fl;C: 0]002G0
•
Property Description
•
I3einr a 9.209 acre tract ~~(` land in the ~4~illiam lVtann Survey. ~~~bstract No. 1010, l~<-rrant County. I~rxus
and brins~ a-- easterly portion. of a 1 ~.fi2 aerc tract described in a decd to Fairway Realty, L.P. antl
recorded under ~farrant County C'lerk's File N~,. D204t) X481 1. .a portion of said 9.209 acre and l>.62 acre
tracts are also a portion of Lot 3, L31ock 1, Ili~;hto~~~rr Plaza. an addition to the Cite <rt No--th .Richland
I-Iills as shc~»~n ~~n the plat recorded in C'abinrt A. Slick ~O~i2, Plat Records, 'l~~arrant Count. ~I'rxas. Said
9?09 acre tract hrin~ more particularly described as follows:
I3e~inning .~-t a ?iK" iron «~ith cap set at the southeast turner of said 1 _>.h~ acre h~aet. at the tiouth~~~est
corner of a 37.OOI acre, tract described in a deed to Billy .I. C;raham and I.rnestinc Graham and recorded in
~~`olume ~20~, Page 1 1(i. Deed Records. 1~arr~u~t C'ount~. ~l~rxas and at the northeast corurr of E31ock 1.
~'~'indsor Park. an addition t~~a the City of North Richland f Lill, as sho~~~n o-1 the plat rec~~rded in ~'olumc
~E-2(I1. Page ~, said plat rrci~rc s:
Thence S Ii9 degrees ~31 mirn-trs ~2 seconds ~~~' ~~-ith the southerly line of said 1 x.62 aerc tract and the
nurthrrl~~ line of F31ock I, Windsor Park, at 702.67 i~:et pass a lit" c~-pprd iron found at the north~i~c-st
turner of I31ock 1, ~~'indsor Park and the northeast corner of Lot GR, Block 7, Richfield .-\ddition, an
addition to the City of North Richland Hills as sho~~~n on the plat recorded in Cabinet :~, Slide I l Of~7. ,aid
plat records and c~.-ntinue on with the southerly line of said I ~.(2 acre tract and the: northerly li--r oi~ said
Lot hR, 131ock 7, Richlicld Addition for a total distance of 81799 feet to a >/t;" iron ~~~ith cap set;
l~hcnce \ OU degrees 30 minutes 17 seconds ~~1', at 9Uf;.>K legit pass a southerly liar. of ,aid Laot 3. I31oi;k 1,
l li~!htoti~~ur Plaza and continue o-i fir a total distance of 99I.30 fret to a ~/8" iron ~~~ith cal~~ set in the
northerly line u1 said 1 ~.f,2 acre tract;
~I~henec N K9 degrees 30 mirn-tes 33 seconds t~ with the northerly lint of~suid 1 x.62 ucrr tract, >00.0~1 Fret
to a ~~K" iron with caE.~ set by .- bent 1/?" iron at the northeast corner uf'said 1 ~.b2 acre. tract, in the
easterly lint i-t said Lot 3. Block 1. f[ightmyer Plana and in the ~~4~rsterly lint ofa tract ol~land described in
a decd to Wilson Creek Stake Place. [.td. and recorded under Tarrant C:'uunty C'lerk', Filr. No.
D2f)~O7~9t)6;
1"hence S 00 degrees 29 minutes 27 seconds I ~yith an ca;trrly line of said 1 j.62 aerc tract, the easterly
line of Lot 3, (flack 1, I-Ii~~~hto~yer Plaza and the ~yrsterly lint of said «'ilson Creek St~~tkr Place tract, at
60.7 feet pass a 1!~" capped iron at the southeast corner of Lot 3. 131uck 1, Fiighto~~~rr Plt~za and continue
on ~~~ith ~~-n easterly lint of said 1 i.G2 aerc tract and the ~~rstrrly line of said Wilson Creek. Stake ['lace
tract for a total distance of 790.98 Ceet to a 1 `?" capped iron found at an "ell" turner of sari 1 ~.(~? acct:
tract and at the south~~~est turner of said \1'ilsun C~'rrrk Stake Place tract:
1~hrnce ~; 5<i degrees 3; minutes ~ seconds I ~~~ith a line ui said 1 j.62 aerc: tract and the southerly line. of
said ~~`ilsuu Crrrk Stake Place tract. ~ 18.=f 1 lent to a /8" iron found ;-t the easterly northeast turner c>f
s~-id 1 ~.fi2 acre tract, at the southeast corner of said ~~~`ilson Creel: Stake Place tract and in the westerlti~
line ufsaid ,7.001 aerc tract. From said i/8" iron :- found ll2" cupped irrn~ bear; N 1~1 de~;rers ~7
minutes E~. 0.72 feet and another found li'2" eapped iron boars N 21 degrees ~2 minutes }~:. 0.9~ feet:.
1~hencr S UU de~;rres 25 minutes 29 seconds I_: ~yith an easterly line of said 1 ~.(i2 aerc tract and the
westerly litre i~f said 37.001 acre tract. 200.13 feet to the point of beginning and containing 9?09 acres or
x01,1 ; square feet. tT
•
~J
•
- ~ ~~ ; !; w
x i 1, u ~~~~ ~'is
1~ro U .~~w 3
~ 1'~~F it
~ K~ ~ ~ i ~ iii `~. ;'
~~ 1 ,'!~ •'~ ~ ~ ~~~ r
- ,~; ..~~ ~ 1 ~~~ ~i
• ,.
-~ ~,~, ~ ~8 ~~. ~ °~K '~
-- r; . ,; r
E; ~ ~ m
' :,,!__ ~
I ~,` ,. ~. }~~ ~~~~5 k
n ~ 4'~`\ ~,I (:~3 ~.M. +i.Lu+ ill Fit..
d 11
.1y ~y,j cf rS~~ ~ ~S~~q3 t id~3! t~i-~ R1~L r1 a7~~ r ~I• '~~} •`
Y ! t 1 l
i S g 13 77 t }
N'_QI.E.Y pfitVE ~ ~ ~ 3 ~i~ ;!~ j'~oSI 1~ 3~gIId~ ~~;YF 3.'~ ~ ~~ `~9}ciil ~~ ~ ~3
y~ lj4(~ '~Y 8 iFgl~ "aji3y~~}'J'S}~. 2_i(~'iM~~~~ 8a~~3} sp;~6, ~~§ F~1 i~
~ ~ k 99~, i ~ ~) ~ ~ '3i SIi~~ ~P?~t •{s~s~~ ~'Ix~~~~ ~~}t t~k }j l ~ ~it ]
y ~ " i ~ ~ ~9d 1~}~f~ 1r~'II~F ~ yy3~3 !~}°1 ~x~7 d ~~ ~z~t ~;! "jgg~ i
r ~ r ~ ! ~ ~'~ ~ }}•d111llSSr 33 ~~7111~e~~8 ~~~3'~g 31~ t' y~~ ~~7
> ^; t ~ ? { ~':~a~ is 4"~`1 783'}$ 3 s e~'ld. i 1_ 3
z : 3 ! = S ~f ~,15!!di t3I t~l~ a r~~. ~• '{ ~i; vey
l' f {{` z
i•-T---~ ~ f__
I ~i !i~ 3Y 1 .31ri 1 { 1 ~3# + ila 7 ::. 8~ t" g 4isr~ n1' 1'~7 a s '° 1~'
~ r k 2 ~ ~~ 7 ~ II_~ F l:~f!''+d }Ia.-I ~ ~o~ ~t 13412 ~"8 Jt~
7 ~'~ 1W•~ 1;• 1 IIs} ~ ~ ~3 , , ~ f r 3,
~~ ~{ > ° n ~ ~ ~ Y3l3 ~~'8}~~° ~1 ~7~11}to ~¢~ 36~~ ~~31e ,~F"3~57~}a 4~3~1 3:' >3t+' e~~~ ?
~ is r A m r '-I 1~ j Q~ -n~. 7'g a~,, ~ 1 S .3r i c ~r. f
~ t m vi ~ a. } 8 1 t gg~~ g 3 e
KF ;o ~ ~ ~ -+ +P; ~ 9~p~~ ~1~~! "1 ~1l s!i a,s# 3};;~} 41 ,~1~ y ~ S r
9~ ~~ z ~ p ~ ~ r- s tt[~f_y1~ ! 3~d~. ,ve ~rIIK r~.?s t7~"= ~ ? i9~ St1lit yd
~~c = y 's ;a ~ Slli itg 3} }i ~i~t~t;i~~ ~~~ ., tii ~~tz'~ ~~1 ~°S ( 1~ t #
~ c7 3 ! 1 it-s• * *} } } i ~ i 3 7a
I 1
~ i n q z v) G7 ~}p~ 7$811 n S~! ij~ ~ ~ - s dg lt} 1 8. ~gtf~~a; ~~tr }1k_
,~
3t,~ 7' J` ~ #~!~ ~~11i_`~# '`~~7~5#~~ ~rla+t~7 ~~ri ;~g~~o~;-~ 7~1.~~, s~,4~1~~~7 z
x 7 p
1~~ - ~ o Z <~ 1 ~ II ;3 }i~ ~ A.t ~ ~ 7~ } fi..l; 1~
~~~~ O ~ ~ II~ 7e1i"3°„ ~ ~' ~a~ r}1~ _ a Yr¢;?t8'1ia• ~~f x~! !3~§s 3~~
I ~ a x ° ~ -i -< 7y y:'1~ili p`p3}~~1_ ~~i} r1 lr~ S•. 1' 1 7~t k ~
Sin ,~ ^ ~ G ~3( lgj~ ;~} ~l3~~ -~ 4I'~ai i1~ t~}i ? ?} ;,~~~Ei iz~~#~x~
°I~~i ~~ -Tt 3 I - ` 1 s
•
•
Propcrt}~ L)cscriptian
Being a tract of land in the William ~1ann Sun~~~, ,r\bstract No. IUIU, ~1•arrant County.
~fexas and being that sau~c tract ot~ land described in a deed to Wilson Crock Stake Place,
Ltd. and recorded under Tarrant Cuuuty Clerk's File No. I~20407ti~)06. Said tract being
mare particularly described as t~~llows:
(3eginning at a lit" capped iron fitund at the northwest corner ol•thc Vdilson Creek Stake
Pl.tce tract. in the southerl~~ line of•llighto~~~~c;r Drive and at the northeast corner of I.ot .~,
I31ock I, I-Iighto~~'rr Plaza, an addition to the City of North Kichland 1-lilts as sho~~~n on
the plat recorded in Cabinet A, Slide 40 32, Plat Records, Tarrant Counh~. Teas:
"Thence S ~~) degrees ~~ minutes ?~ seconds l with the northerly line of the. 1~`ilsun (_'re~k
Stake Place tract and the southcrl}~ line of I lighu~w~er [)rive, 2R 1. ~6 feet to ~- ~r8" iron
~~°ith cap set;
~fhence S K~) degrees 40 minutes >U seconds L with the northerly line of the ~t'ilson Creek
Stake Place tract and the southerly ling of f Iight~.~wer I)fiv'e, 238,17 feet to a lI2" ire~n
tinu~d at the northeast corner of tl~te Wilson Creek Stake I~IaCe tract and in the tivesterl4~
liuc of a 37.Uf11 acre tract described in a decd to Billy J. C~raharn and L:rnestine tiraharn
and reci~rded in Volume 4204, Page 1 l li, Deed Records, Tarrant County. ~l~cxas;
[,hence S 00 degrees 2~ minutes ?~) seconds I with the easterly line of the ~~~'ilson Creek
Stake Place tract told the: westerly lino of said (;sham tract, 1,1 1 1.08 feet to a ~/~" iron
li,und at the southeast corner of the Wilson Creek Stake Place tract and Ott the easterly
northeast corner of a tract i~f land de~~ribed in a Ted to l=airway Realty l_.P. and
recorded under Tarrant County Clerk s Filc N~~. D20403481 I . I~'rom sa-d ~l8" iron ti~und
,.t 12" capped iron tound bears N 1_} degrees 7 minutes I, O.7`? fret and another 1'2'.
capped iri7n found hears N 21 degrees i2 minutes I, 0.9> feet;
Thence S 89 degrees 33 minutes 35 seconds ~~' ~~'ith the southerly line. ~~tf the ~~'ilson
Creek Stake Place tract and a line of said I~airwrty Realty tract., 518.41 feet to a U2"
capped iron found at the suuth~~est corner ui the ~'4'ilson Creek Stake Place tract and an
"ell" a>rner ol~said l~air~~ay Realty tract;
~I1~ence N 00 degrees 29 minutes 27 seconds ~~~ ~~~itlt the ~~~csterly line of~the ~~`ilsun
Creek Satke Place tract and a line of said I~air~~~ay Realty tract, at 7;0.'_3 feet pass a 1`'"
capped iron at tl~te southeast comer ofsaid Litt 3, Block 1, Ilighto~~~er Plaza, at 790.98
feed pass a ~/R" capped iron set by a bent 1/2" irnn at the northerly northeast corner of
srtid Fair4v~~ty Realty tract and continue on ~~~ith the ~~~esterly line the ~4'ilson Creek Stake
Place tract and the easterly line of said I.ut 3. I31ock 1. 1 lightcnver Plaza for a total
distance of 1.1 17.02 feet to the point ufbeginning and containing 13.278 acres or
X78,369 sduarc feet.
EXHIBIT
~ -
•
•
•
I
~~ ~~ y
~~o
r. _
_~ _...-- _. _. __. ~ --- __...._. --~.~- _ _ - - __ __. ~f~,lfll
~f~ 2s'2~"w „t~ oa
''~ if
EI ~~
1.
~; `~
i~S~l '
lily i
iii !
ire' ~ r
fe 35
;x~ ~~~
?fir ~$
.,s ~~~
±r~
4!, ~4~ ;r
~pglp
S73
~,,
~ 2 ~ P
tr~ ~ (~ ~
: ~
i 7
z
~ ~ n.;
~ ti
c ~ ~ O n J :./)
S 2 (j i~
t
fR*
~ j`3 LI{ __
.~ ~ ~ ~ :T)
i 3
~ ~
etn rt z o ua r~-i
~ ~+j
~ ~ o
i
._. t z
din
~i ~
y ~
~ O
~7
n
a. fT7
i. ~:,~
(~ ti '
~ ~~ _
i
.~
~~
1 ~~
i(~, ~~
`~~' ~t
~' ''~
m zv fl I
+ 1 ~,
;nU tt ~~ ..
`~ ~ fib
t
m (Ti
w
in 4?
-. a ~
c~ " fi ~a
' ~v; ~ ~ ~~
S ^i iii ~ if ~
' . 1 ;,
~• -~ ~
j
-~, i ~ ~~_.. ;~ I
SGG'25"l9'E t i 11.Ut3' ~ ~ ~ ^~ N
.....
_ -
_. ~ '.. -
yw~,
!,
~~~~ ..,
,r;; ~~:
;,
:-x_ ~ is
5e~ ~
,_ __
__
__ __,.
~~# ~,.~
F
~it ~t t jl4~i~~.`t % ~~ ~~~lv 1" 7~3(`.~9 PP~ Jy1k~~ g(`5 id
I ~
F
q 5
,~ a ~ ~•
9 2~9 PA~~~ ! } d i,
~ R~~~j -~ 9 y-~,~:~ ~
a~r~ ~d ~ dy ~. ~ i ~ , a=1,
~~
'
'`;4 t
~±'j a
~ ~ ~faf~ ~ '~
i cj9'I z t
s°1
~:~~ '~~ ~x~ "ii ~~ ie, s~. ~ ,~ ij~~
F
~ ~
j~
~i; 7
ig~ s ~
~~ a''" .1
;~j L~a~•~ ~,~'~~ y~R:t}1 .1{1 it Sf~~ i~4}
F
1 1 f ., / ~
JJ ~
r4j ~! SY ~~. ~~r ~ 7 ,1 5,11 ~ g
`
`~ l ~.r
SRya~~1 ~~~ atS~i~l ~~,~~ t~ i r
i7 ~
1
~ Y .. 10
~ N! ~_I a~t;f f #ry~f .q 7~ yr
~Tif~ ~ sle ~( ~f f z, ~~sE aS.
'
~
~
. } ]~~{j ~,~1 al~~ i~;r ti fit
i
2 F°?O~ "~ ~ ~ jZ:~ r~ ~~ d ~~i
•
_.
;`a=" - -.
~ _.
i
~i
q ~
Z . .n~
.w u
~ ..,
s
y~ t
ti ~ in
i ~, ..~
t
.~ ~ ~ ~~~~ ~ e.
~'~ ~s~~ ~,.,, ,
z~~l
' ,
tL~(
.`1
i+#~ ~
.. 0 !!ii
tt i
~ ~~~,
LiLltll f,t' ~ .a.
-
L M
,
~~ ~' a
,. 1_
'' f,
!t ,~
YAIYN IiFR .s7A. Y9. Wl PO ~..
• • h~
-
~'~ ~~'
~ .ly s a
~j
A'~'L~_,_~. _ _. _.
} _~L
~ M1' , i~ tw
tl f ~~.
- ~
,r
t ~'~ ..~ _~SI
~,
(s: ...,,
~, PtIASE 11I
PHA S6' / .
f~j
~I
~I ~
.III
~~'
~:
>"' :y
-„
~, ,
h
t
~. ~ ``p)I ~ E +'
~ MI~' ~k ~•~
„
' r
~
1
~
~
~
_ -_
/
•
z
s
ao~ ~ .~
f
~ / ~' ,..
~« s
~ v .. ~. ~ ....
f ~
i ! ...... ti,. ~ _ ~.
~ Cl' ~ ~~a
~~ ,
-_,
~ r
~, ; ~
_
o........ ...
__ _
~
If
~I
o
>: ~. i
it
~
~
~
i
~t
~
i Asap ';~
i!• f,a~.
~ _~
r ~~,
~ , ~ ;=
~~
:
;~
,
I 1 t
~~ _
~ _
i i t'j .sa~~ ...1 L n.uu
1 Y~
t 4 ~ ~
;
C I ±~ f1 I ;~~~ ;I~R ,
i
~~ a CS711 :+~y
lI a
.,
, l
~
~ i f ~.....~ ~ y~ ..~ ~.~. 1 I1
l
~~, yh'
i
'~, ~
grvih..i~'
w ui.~ _
L~ _ i `
'
'
i
I ~ ! ~
'i r ~ u N v
i
_ ~ ~ ~ '
-
~, ~ 4
~
i'. v~~.ur m-ue - ~~
~
~
a 7
'
,,
_
~
~ - :!p txl~ , {
~, .., ;
I
~
1, ~ .;4
I
_ +
i k
t
~~ ~ J
~
~
r• y (, ~ ' ~ C PIIASF. HI
, .. ~
i 1 ~
.I PtIASE 1
r. i
i' o ~a
~(,..
t
`
t I
~ B
i
41,.!
0 ~ Y4Y.
I
~ j
I
EXHIBIT
r~
r~
C~
~•I~ ~
l(:~
n
l~~ .~..
;3F;
I`litt~ E~1' s ~..~~.~
s a "F
~,
~z{
ii 1:~ I
.,
.~ ~ i
4
4 ~ t i Y, ..,,: y
~ f ~ . 51 i'.'tYPt
!i i•'
{ '. ... ~ ~
~'~, ..~.
E
s ~ ~ i ...
`! t~
~ ! .~..~
a
~, Tt
i M
~h'
xp
~.. ,~
'
i !S ~ ~~
J i I"~ t:'
_
I ~
-. ~ ... W. i y. I
I '
~ i~
~
{ ,,~
i
~
~ ~~
.,.~,. `'
'
I~
~ I - i i
,,- ~ ti t
I
!
.,.,
,, ~
_.
~.
„
- ~
Y
M
I . ~
xs~ ~~,! _ rti
n u~ _ late }
irf;~ v
~ ~ ~,
~ ~~ ~ i ~> ~
~: ~:,.G.... ,
,.,...,.. ,..,~
,.~,, ~,,.a
1
5~~
~
,.
(
,.
~
-
~~
- ~ ~
i ~
r.
~
~
......
~~,,
~
~
~
~:.
~~~
~ ,
u
, ~
i
,
f `
tl
5 ~ ~'
~
v ~
+~ ~ 4
~
,,,
~
~ l
~ T a
y ; ..,,.., I
~ ~ u
~' ~i~ ~ ~ ~
f
~ ~
j
~
~
I
~:- 3
~S ~ ' ~~
Gi ~~
~
~ I ~
~ .I 'i
I ... ....
{ ~
n ...u.
i ~ ,y .
:
i !
yy ~~
P Sr'
~~ J
r
~
~
y ,...
r ~]
1 ~ ~i M ~11 ~~' I. ~ ?` ~~
is
q --- ~ i~
YA ~'N un1 >1l YIrW ,-~ Y,IT[N ling ~T~.
!~G ,
1
-.___ -_.__... _.... E _... _.'~ _i i I ~~~~
t~ S r :l~
..
•
•
•
•
t
N(_FIICE. (>l~ Cl)NhIDIN"I~ir~1.I~I~Y RIGfITS: II~ Y"Ol1 ;~{tL:.A N~~T[?R~L. PI-RSC)N. C'OL'
~9;~a1' Rl~l~lO~~'1~: OR S"I~IZIKE ANY' OlZ :1LI. (ll~ ~l'I[I~: FOI.L(?~~~ING INhOR:~1~~[~lON FRt)At
C[ lIS I NS7~Rl; ~11a`h ~[ I (AT "I~Rr1NS1~ 1Itti ,~~N IN[ }:IZIS~1" 1N -ZEf~L I'Rt)Yl:ftt~~' k3I~I=t ~R1/
I'I 1S hI[.I~1) f~OR 1th:COIZll IN ~I'HL: Pt~f31.IC RECC)RI)S: YOUR St)CI.~~I~ SI~.C'~'RITI'
N(~RIIi[R OR Y(_)l.~l~ I)RIVI~K'S [.IC'1NS1~: NI!~1131~R.
h\U\1' .11.1. 111N 131' TEiESI~~ PI2i~;tiEtiT~S:
CO11V'~TY O1~ "t'A12R:1N"C §
DRAINAGE I?ASEIVILNI' AGRF,GMENT
TN:1T. Billy J. Graham and l~rnestinc Graham {hcrcinalter called "C~ranior," ~~laether one
•
or nu~re) iur and in consideration of the sum of C)ne 1)ullar ($I.(~~Uj, and ether good and valaable
considerati~-n, paid by the City of North Richland Mills. ~fexas, :- it~unicipal corporation,
(hereinafter called "Grantee"), the receipt and sulliciency of which is hereby ackn~~~ti~led~ed ~-nd
confused, has gr~-nteil, sold and com~e~~ed and by these presents dons by these presents grant,
bargain, sell and cortver unto the Grantee t~~~o ~?) non-exclusi~~e drainage casements (the
`~L asements") in the area situated in ~harrant County. Texas, described i~a I~:xhibits "t1" ~-nd "}3"
;attached hereto (the ~'I.asenaent :areas"), I~~r the sole purpose iaf~ c-uistructing a stc7rm water
drainage channel (the "Ch--nr~cl").
(ir:-ntor reser~~es the right to utiliv.e the L-asement Areas fi>r any p-u-pasc ~~hich dues not
unreasonably interfere with the use uI~ the I~:ascn-erus con~~eyed to Grantee, including, but nut
limited u~, the right io cscavate anc'I extend pipelines and utility lines in the 1::useruent ;~re:-s, fo
the extent that pipeline or utility use by Grantor causes any damage or obstruction ol~ tlae
Channel, Grantor ~~~ill repair the damage to Grantee's rc;r.-sonable satisi~action. Grantee
~~
EXHIBIT
~~
•
•
ackninvledTrs that a pipclinr presently rxists.:uul is prrmittrd, in thr I:aseu~rnt ,~~rcas, and that
utilitr~ lines ~1ill he constructed in the f~:asentcnt l~reas. Grantee a~rers that ih~ presentl~~ rzistin~
pipeline ~ti~ill remain in pfacc in the. L:ascmrnt Are:-s and the Channel ~~~~ill be constructed so as to
not interfere ~~~ith or rrcfuirc relocation of tl-e pipeline presently located in the Easement ;1re:~i.
Grantor at;rrrs to maintain the earthen channel to be constructed in the Easement :area
descrihrd in f~:xliibit l3 attached hereto in accordance ~~~ith that certain I)evelupment and
;~laintcnancc A~rern~cnt, dated _ ?OO;I, het~~~een (~raruor. t ~rantcr.
Graham lZanch I'a-"tnrrs. L.td. and ,f~~hns~~m f)i~~rrsitird [nterpriscs, Inc,
Grantee aecepts no responsibility f~~r the maiute--anre of cithu- of the l~:asetttent Areas
described herein 1~~~~ acceptance oC such I~ascmrnts. 11~ (_irantec does undertake any ~~ork in the
I~asrment Arras, f.;rantee ~~ill rep~-ir :uul restore any dama~.!.e caused b~~ uch «~~rk to the
Easement Areas or to any other pruprrt}~.
~I~O f IAVE ANU ~lY) I-IOLI) unto the sui~l Granter, its successors and ~-si~n,. the aho~c-
descrihrd f~asrments perpetual)}~, suhjrct to all matters ot~ record allectin;.: the aho~~e-dr~cribrcf
I'.asrmrnts.
~l his instrument Shall he binding upon the successors Anil assi~~ns o-I~the parties hereto.
1A'I~I~NF:SS 'I~I1I: E~ECI_?TIUN FII~-:IZF~t)I~, on this . a~~ uC . ?OUti
GIt,1ti"TEL'S :~UUIZI~:SS: (:Rf1NT()lt:
Cite of North Richla-xi I Tills
('its Secretary
P.(v). f3ox R`?060r)
North Richland I tills, ~fe~as 7G1 S?-U60~)
_ _..
f3II.I.I' 1 GfZ:yIIA'~1
I=RtiI~:S ((NF (~I2;~I-1.~ti1
-,
•
•
.•~1~1~E=5~1~:
_____ __
(its S~•cr~tar}~
;~\I'I'ItO~'f-:U :~~ ~IU !~(1K\1 .~1t~!) C.I~(i.1l.l~l ~
ltturn~•~' tier th~• l'it~~
Cl~1~1' t)1~ \C)]Z~1~11 I:ICI11,.~ti1) 1-111_l.`~.
~I~L.l'~~~, ~t munici~~tl ccu~p«r.~ti~,n
13ti:
L.u-r~ .I. ('unnin~~hat7~. ('it~~ \l,u~~t~~r
•
•
:1CK~I0«'Lh:U(:~~IEi~"~.
S I~1( Ui~ "1~1-:.x::15
-phis instrument yeas ackno~~~led~ed t~elorc me un this _ _ day ~~t
. ?U08, by [31L1_Y .-. GRA1I~!~9, and he ~-ckno~~~led~ed to me that he
executed same fen the purpnscs and liar the c~7nsideration therci-1 stated.
__ __ __ __
~utar~ Public in anzl I~car
Thy State oi~~Ccxas
S f;~ l l~: 01~ ff~CaS
CO~N~TI' C)F ~1~ARIt.~NT
-his instrument was ackn~~wledPcd bc(ure me o-- this d~n~ of
______
. 2tJU8, by F~[t1~F.S"i`llyI: GIZt~[~L•1~~1, and sht ~-rknotrlcd~~ed to me that she
executed same ic~r tht I~xu•pc~ses and fi>r the consideration therein stated.
- - __ __
~i>tnry Public in and t~~r
.Lhe State of "I~exas
~+ [ ;1 f~E c )l~ 11~: x;15
(_'Ut_~N~1~~' t_)1~ 1':~121Z~N1~
This instrument ~~~~~ti ackno~4~lcd~ed heti~rc: me ~~n this da~~ c+I
-- -
_--- __ 21}08, by I_arr}~ .1. C'uru~in~,ham_ the- Cite- i\tana~er of the CIIS" t:1I~
~~URI"}! ]tl(`H1,~1ND I{tl..t.S. ~I~I~.XnS, a municipal a~rporation, and he ackn~awledgcd u~ ~74c
that ht e~cctrted same Cor the purposes and t~~r the consider~-tion therein stated.
Notary I'ub1-c in and iur
The titate of Lc~.as
;64967 ;
-I
•
•
r
~~`~~',~
/. ,r~
,~ / WATER COURSE
~-~'~/ ~, MAINTENANCE AGI2EEbfENT
I~~`i;7T~,"~-~ EN BY THESE PRESENTS THriT:
AS ~~iats titled "Graham Ranch -Phase 1" approv~Ki on September 12, 2005, and
"G .anc ~~si;'~'" pproved on November 10, 2003 ("Plats"), by the City Council of the
Cityno Ri gland iml. Tan~ant County, Texas, ("CitY'~, Graham Ranch Paruters, Ltd., by
Rebel Prope _ ~~~ ~ Partner, Mark S. Wood, President ("Owner's was peniritted to
develop the r Yer gal described as Graham Ranch - Phase I and (ira}rarrr Ranch - Phase lI, on
Exhibit "A" an %cxh '~~" ached hereto in accordance with the Plats, and;
~~
WHEREAS as~ di on ~~proval of the Plats, the City required construction of a
drainage channel. w ch itll b lper'!t~ ~I ' Block 1, Lot 34 (to the rear of Block 1, Lots 24 - 33), and
Block 4, Lat 48 (to the`te~U~ c , I.,ots 43-47), legally described within Graham Ranch -Phase
I and shown on Exhibit " ~' a che~~`fieMto, and;
WHEREAS, the City 's i ti-zg toe dr Chvner to construct an earthen water course (the
~J
"Water Course's in accordanc {ri~,~` s a roved by the City, as opposed to a concrete Water
Course provided that the Owner a„te to p. etually maintain such earthen Water Course.
NOW THEREFORE, Owner agrees as fgl,`'ows:
1. Owner shall construct, at i~ssol~~co~• d e pence, an earthen Water Course along
the rear of Block 1, Lot 34( the tsar of ock 1, Lots 24-33), and Block 4, Lot 48
(to the re.1r of Alock 4, I,o[s 4. a3~,,,,~ _ wn ~ Exhibit "A" hereto according to the
plans approved by the City. Owner rt , e ~ on behalf of itself, it's successors
and assigns, including any homeo .te ~. cia ~ ons created to carry out die Owner's
obligarions and those of the owners other , ~iaTts~f (iraharn Ranch - Phase I and
Graham Ranch -Phase II to rnaint<zin in su ti w rcr-roufse as hereinaller set forth in
Paragraph 2 hereof, and to reimburse the Ci for ie cost of maintonancc should
such be necessary as set forth in Paragrap her af.
2. Owner shall maintain the Water Course in a pnr ~nt ftor- linimize soil erosion
acrd keep grass and vegetation mowed and main as l~ro~s
~~
a_ The Water Course area will be mowed at least ~c v th,ee (3) weeks,
between March 1S` -April 10'h and between Octob ' 1~` -/ru~rrb~ 15'h.
b. The Water Course area will be mowed at least once ev the - e~'~ng the
growing season between April I Oa' -October 15C. ~`~ '~ ~~
Graham R~clrl- ase. ~a ff
{{~~ ~
Wafer Course Ma/h~enar cs~melr~+
AFTER RECORDING, RETURN TO: ~-..-~ gat o
City Secretary
City of North Richta~d Hills EXHIBIT
P.O. Box 820609
North Richland Hills, TX 76182-0609
•
•
•
~~~ . Any noticeable sediment accumulation in the water cotuse area wiiI he removed
~~ ~ 'Ye~,~st once annually if needed.
~~''" 1
~e;,~L~n ' i'~t, is Works Director or his designee may grant exceptions to this
,/~ a.tn tie schedule due to weather conditions, unusual situations or acts of
°,~~~
~~
3. h ~,l ail to remedy any inadequacy in its maintenance of the; W atcr Course
~?.d'd~~'^'~ ll~J days of receipt of written notice from the City. the City may, but
shat~no ~~Ii~at provide such maintenance that it shall reasonabiy deem
nece~ss d `c s
e`~~~eof shall be reimbursed to the Ctty by C)wrter upon written
defftan a erIf~wner fails to so reimburse the City witltiri ten (10) da}~s of
such writt, d~and~fie`~ity shall have a lien against the property for such amount,
provided, yaw er,~s~ it~n shall not be valid against a bona fide purchaser for
value unless no~c~f sue ~ l~e~a~ing the amatu7t shall be filed in the office of t};e
Tarrant Coun iand r ~~~t, B cce¢tance of this agreement, the City agrees to
execute a certific~~,rr(arl~tres,~` to the party t~equesting same) within ten (1 Q) da}~s of
written request ther~+~or~ stating whe~art not :uiy amounts are due artd owing from
Developer pursuant t~s`this agreen Ffit.
4. The a Y cement made here be ~ u on the uccesso •
6r ~ ~,h~r d~ p Uwner, its s rs and
assi~s and shall be a cove ant aitn~ v~tth the land.
`~~--,~~'`
This agreement for maintenance cltaltr.~~fni to only if the Water Course is
constructed with concrete in acc~rda~tce it plans approved by the City. By
acceptance of this Agreement, the C .., agree-t~.,~,~.ces~ to a recordable termination of
this Agreement upon the City's acceptance~t a c . rre~ Water Course in accotrlance
with this paragraph.
1
f,,,~'~
~ C~--/'
~,_~ 5
~ fJ~~~
V r ~~
!~
,~+,; ~~ ~
Graham R r7jrases ar~,~ ,t
S^,/ater Course Ma a~na,j~~~me?~l
r Psge 2 0~-~
~J
C t~
,r ~,,
S
. ~\,/` ..
f` ~
,`~ f
r~~ 1 f ~
L. /` /~
_/ ~.
-----~' f,r' c. Any debris which deposits itself in the water course area will need to be picked
~~~ ~
~.f~ ~ up and removed after a storu~ event or every six (6) months, if needed, whichever
,f is more often.
r-~
~~
.~-1
/~
~~
4.~/
''--~f/'' ~l?'xec,~cl this die --- --- day of ~~/%Z~,~, 2005.
~~! ..~
f~-..
ti' ~ Graham Ranch Partners, Ltd.
~,.~- By: Rebel Properties, L.L_C.,
~` ~,,r~ ~~ General Partner
~~
,--^,•
~~-~,/~ ~ Mar ood, President
STATE OF ~, .~Sf ~ _
COi1NTY OF TA ~ §
~ ~~~ ? ~ b Mark
This instrumc o tECIgCi before me ~n ~t r„-.~... G~ 5 y
Wood, President; on beht~ o~`id ~ri9r~r~stup.
~w~,,,,
+•""v. DEBORAH RODEN POWIEY
'+ .~ Notnry Pub{ic, 5tsie df 7aicas
.'so''~oi~~i.'~ V mission Expires ~- / ~5~~,~t}yt~~ -L{.L--+L l
.,,,,,,. raorcn ot, 200 ~ ~r / Notary Public, State of Texas
' /
Conunission Expires: ~~ ,,/~No~ 's Printed Name:
\~ ~ ~
'~.,__, • ~~{Ell 13x: w
`';rF~t/,t~p '',,
`~~ ~ ~ ~ r
~~
N
1 . ~.
~' Icy:
~~.. h :
~~.
Patricia E-iutson, City Secretary
APP qS TU O M ND LEGALITY:
George Staples, Attorney for the City
ch
Mayor
AFT~~RE~.,P.431N R ETllRN Tom:
City Se ry
City of N~r .~h n rt"ils
P.O. Box 8~L ~D9f~'7
-0609
8
8
~
'
Fi,~.l:a~
North Richia
I~ 1
2
<~~
graham R ch --
Wafer Course Ma' te~q ne ases,,~an t!
ca~ier:~
`R
~ r
'~.- ~
,
Y`~.,
,age 33
o
,
^
~
`..'' ,~' f~ , 4
~~~
•
•
(1 il;l
i'
~'~ ;~ z
o
I
t~ ~
~~ 4,
t! {III
~; , ;rq t ~- '~ ~'
..
~Y u~>x~~4~~~~~
~
1 1 (~ I 1 i ONOt~ l~U Y 7
O O O U p Y~ 4
1 ~ I (R ~.f N --b ~..~r' (~
111 11111(11 1111
f it 1/! t l (I f f I f t~ ~l~i
111
1
~~1 i
1 ( r
~ j
~1 ( r ~ ! I I Z ~ ~~.~
I cv ni w- d~ z
~
sn u' ~'
7
~
r
~
M
1
1 i 1
1 1 1 i f 1
!Sr ;i~ 3 ~ !j{^!
S~
~SS.S.S SS t; ~Ii1
1,
1~ ~ > ¢
..
...
,
~
_
Og0004~!!'LO~ ~
(J,JJ.+JJJJ.C
~
1 1 7 J l l j 1! 1 7 1 7 1 /~~~ ~
~~~~~~,~~,>> l9%71 1( ~
~ tl e 4 u
11~~ 11111111 I t l l l o~i~ i ~{~ i
r+ a s-r:s eo •sr r
1{"111{{lli i{{{{4'{~f~ ` ~~~~ !
iilli~iiiiii iiii~„~:;lu r{iil; r ! ~
•
•
•
1 ~ ~ ~ ~ i
~{
+ ~++~ ~'~;
+
+
~
s
:
t{
cif
i
~ t ; ; ,,,
f ;
;
~
, ;
i
~1fi+
I
;~ ~i~ ~i ~i~'~ El ~tfl ti~ji ~i i3~ ~!f ~~! tt~f~~
fJ 1 ~ !I'I i l ~
1 Jilt{{~„~"'rt sf]t ~~.]l if IiI itl h, ii..il~tlt 1. i, i 1 illl i !I ~,
~.. r, { tir.t.]t
ii iiiiiiet] fr[~SC:i':: .r.ns.Fa~i;.r/ '.,_,••(
=
~
i11I(F IL: S ill •illtly
~ e.J...t j . tls . wnnsn] f
~
]... t,~t
.. =es=s +
iiiiiiiiisis, iiiii]ii]]]] ~ ' r=•~=
Ll14`i/{{+ii
,. ,\
~::~
~ ~ , ,_
,..•..,v ,,.:..~
. .-~i~/.
ir;
~t _ ,~-_
. ~ j.
+~+ _9 ~ ~ -
,,;~ ~ _.
l~!( i~
'JIJ--~ ~
a a~
,Its f =
0
W ~
VI ~
1 > _ _ = w ~
O d. _ ~>~
.- ~ ~ O r-
g , ox~ ''
~ ~ z
2~
c, ~ o
~ ~, u
2 q a
z~~=~g~
F~ ~~o~d~
a z
c
•
~~
~~
~ ~
/~ ~ ^,
/ f
/,~'!,'~
{~% -~.
C Sir~.~El' h~~- -;~ t Jes'
~' WOR'~?i ~,/~ 76182
Submirier: CIT~F ~"R, l~~iLAND NILLS
`U'' UZA E HENDERSON
T~~R N Ct~~T1(CLERK
T f~ T OURTHOUSE
TGur S~ THERFORD
FO T !ZT 76196-0401
WARNING - THIS IS PA F~'~f~ OFFICIAL RECOR,
'~ ~ J~ ~~
FI{od For RagistraUon: 12!071200610:56 AM ~~~ j~
lnstrumant#: D20b364330 ~,r,-/
A 6 PGS 53T.00~-~'^~
~~
H -- - ---- ~l-
(IIIIIIl~III~IIIIlllllllll~Illlll(Illll((llllllllll(IIIII
D20~36d330
ANY PROVISION WHICH RESTRICTS THE SALE, RENT
OF fHE DESCRfBEt] REAL PROPERTY BECAUSE OF
RACE IS INVALID AND UNENFORCEABLE UNDER FED
~J
CITY OF
•
•
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 4-14-2008
Presented by: Mike Curtis Agenda No. E.1
Subject: PW 2008-010 Approve Engineering Agreement with Neel-Schaffer for the
Design of Three Traffic Signal Light Projects for an Amount not to Exceed $74,300 -
Resolution No. 2008-022
An engineering agreement for the design of three traffic signal lights located at the
intersections of Precinct Line Road/Amundson Drive, Precinct Line Road/Rumfield
Road, and Davis Boulevard/Bursey Road is proposed for Council consideration. All
three intersections were approved for traffic signal lights in the 2007/08 CIP Budget.
This project will consist of both design and construction of new traffic signal lights. The
traffic signals will conform to the City's current standards which include black powder
coated poles, backlit street name signs, emergency preemption systems, LED lights,
video detection systems, and street lights mounted on the signal poles.
All three intersections meet the signal warrants as outlined by the Manual on Uniform
Traffic Control Devices (MUTCD). Staff conducted the warrant analysis and found that
each intersection met the warrants for traffic volumes and the need for providing
adequate gaps in the traffic stream for motorists entering the major roadway.
•
This portion of the project will consist of the design of the new traffic signals. The City's
policy for the procurement of professional services was used in evaluating and selecting
the recommended firm. Requests for qualifications were mailed to over 20 engineering
firms. Five firms submitted qualifications for consideration. A review committee
consisting of the Finance Director, City Engineer, and Construction Manager reviewed
the qualifications. The firms were ranked based on qualifications, such as similar
projects and the experience of the project team. The committee ranked the top three
firms from the qualifications submitted.
1. Neel-Schaffer, Inc.
2. Lee Engineering
3. Huitt-Zollars, Inc.
After conducting interviews with the top three firms, Neel-Schaffer demonstrated by their
qualifications that they have the experience and a thorough understanding of the design
work needed for the three traffic signal lights. Their work load and ability to meet the
City's schedules were also clearly shown. Nell-Schaffer has worked with the City
previously on similar projects, most recently with the Chapman Road/Holiday
Lane/Meadow Road intersections.
The key components of the engineering agreement with a breakdown of costs are
outlined below:
•
S 1. Intersection Sic~nalization Design - $65,900
^ Design of signal lights for three intersections.
^ Obtain traffic counts and turning movement counts to develop timing plans.
^ Model the three intersections using Synchro software to develop AM peak,
PM peak and off-peak timing plans.
^ Work with TxDOT on submitting and revising plans and specifications for
TxDOT approval.
^ Attend meetings with the City and TxDOT staff.
^ Attend bid openings and prepare bid tabulations with a letter of
recommendation.
2. Construction Management - $3,400
^ Attend pre-construction meeting.
^ Provide site visits.
^ Review pay estimates.
^ Attend final inspection and adjust timing plans.
3. Additional Services (if Needed). not to Exceed $5.000
^ Surveying.
^ Parcel acquisition.
^ Additional printing.
^ Geotechnical investigation.
^ Additional meetings.
^ Environmental permitting.
Since the new traffic signals are located on Texas Department of Transportation
(TxDOT) rights-of-way, the construction plans will need to be approved by TxDOT. This
process will add to the overall design duration. The engineer with Neel-Shaffer has
indicated that he plans to have the design submitted to TxDOT within 30 to 60 days
after approval of the engineering agreement by the city.
Based on the firm's qualifications and past work experience, it is recommended that this
project be awarded to Neel-Schaffer, Inc. in the amount not to exceed $74,300.
Sufficient funds have been budgeted in the 2007-08 Capital Projects Budget.
Recommendation: To approve Resolution No. 2008-022.
• RESOLUTION NO.2008-022
WHEREAS, the City Council desires to authorize the City Manager to execute the
engineering agreement with Neel-Schaffer; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That the City Manager of the City of North Richland Hills is authorized to
execute the contract with Neel-Schaffer for the design of three traffic
signal light projects for an amount not to exceed $74,300.00 for the City.
AND IT IS SO RESOLVED.
PASSED AND APPROVED on the 14th day of April, 2008.
By:
ATTEST:
Patricia Hutson, City Secretary
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
•
1
Scope of Services
City of North Richland Hills
Precinct Line Road at Rumfield Road/PI•ecinct Line Road at
Amundson DrivelDavis Boulevard at Bursey Road Intersection
Improvements
7'he Cit}~ of North Richland Hills desires to install tragic sigltals at these intersectiuns. `I'he
project consists of adding three signal poles and mast arms (at each intelsection). '11to project
will be addressed in t~vo phases.
Phase I will include: design ol~signals for the: Precinct I_,ine Road at Runt1'ie;l(i Road inte:isection. the:
Precinct Line; Road at :~mundson t)rivc inte;rscction, and the Davis Boulevard at 13urse;v Koad
intersection. Tratiic counts with turning mo~•cmcnts will Uc obtained and thlrc signal timing plans
~a~ill be developed for the Precinct Line; Road at Rumfield Road intersection and the; Precinct Line:
Road at Amundson llrive; intersection. 'I'raflic counts with turning movements will also he obtained
and three signal tuning plans ~~ill also be developed for tiladc Road. 'I'hc tlu-cc uttcrscctlons .Ilona
Precinct Line Road will be; synchronized. Land ac(luisition should not be; required since all
intersections are within state right-oi=way. ~ti~hich should bc: wide c;nough for pole placement. 'I'hc;
work will he accomplished using one construction contract.
Phase II will include construction management of all tlu•ee inter~eetion rmprovements (review pa~•
requests and produce record drawings in PI~F for-rnat).
Tluoughout Phase I and Phase II of the project other sen'ices provided witl include p(;riodic c-mail
updates.
\o gcotcchnical design scn•iccs arc rcyuircd since the signals ~~ill b(. constuuctul using 'I:~llU'l~
standard details.
Thu included tasks are specili(:alh
Phase I - Intet•section Si~nuliration Uesi~n
1. :\ttend one coordination ntceting wtth Cit~• of ~lorth Richland [lilts stall' to discuss the
pr(><ject constraints
2. Site reconnaissance
3. Data collection Ii'om the C'liant for caisting information (research available recurds for
existing unlit}~, pavelitent and drainage iltlorlttation)
~. E-mail updates
S. Obtain 2-t-hour trattic counts with I)eak turtling movr;mcnts at three intersections
G. Review 24-hour ntachina counts and manual peak turning movements for each approach to the
nttel'seCtlOn6
7. ~Iodt:I the three lrltLrs~tarorlS ~\"ItI1 S~'I)Chl'O SOFt\~'ait: t0 de:vt:IOp :\.I~l. PCflk. P.~l. Peak aitd Oil-
Pc;ak liming plans for tltesc; intersections
3?llr2lx~8
I':'.\dfrkctmK~tio~t6 K~~•I~ImiJHillt~tTrcinrt;'ttiluiund~n-Kun~eliclJ-.:nJ SivNc.duc
Pace 1 of 3
•
•
K. Prepare the following construction doctuttents:
Covar shaet - sho4ving the j)r~ject name, location and othar typical iniol7ttation
'/ (~uantlty St1111111aI'~' ilnd gcnCral Itutcs sltects (~~}
Existing layout and proposed striping sheets (3)
r Proposed signal layout sheets (3)
Phasing and design tables sheets (3)
\V'iring shoats (3)
Sign and signal details
Details -about 1R sheets of'TsllU'I'standard details (subject to Cliant ntuditications)
9. Specitications and special provisions
lt). Preliminan' opinion ol'prohahle construction cost for all three intcrscctiom
11. Submit two copies uf•preliminan~ plans and specifications with pralintiual-~~ upiniolt of
p1'Ubablc CUILStI'tlCtlOlt COSt t0 Client for rcvic~~~
12.:\ttend meeting with Client to discuss comments
13. Ravisa plans alul spacificatiuus as appropriate
1=t. l'inalixc construction documents and opinion of probable construction cost
1 ~. Submit t~~o copies ol~ linal plans and specifications ~~'ilh opinion of probable construction
cost to Client for review
1 G. ~\tlelld nteeting ~\'Itlt C lleltt l0 dltiellSS COlttntelltti
17. Ravine plans and specifications as appropriate
1 K. Submit final plans and specifications to 'I'~1)U'I' for approval
19. Meet ~~ith •l:.ne)•r to discuss plans and specifications
2U. Rer•isa plans and specifications per "I'~DO"f reconuttendatiolL~
• 21. Supply five copies of the final plans for Client utility coordination (no utility meetings are
included in this scope)
22. Provide 2U sets ofdrawings and specitications for bidding
23.:\ttend hid opening and prepare hid tabulation +vith letter ul'rccomntendalion
2-1. Provide City Frith timing plans for all three intersections (.-\~1. P\I and Of~•-Peak)
Yh:~se [I - Constwctiun ~Ianagentant
25..-\ttend pre-construction meeting
2G. ?Make a masinutln of two periodic site visits
27. Revie~r a ma~innan ul'liva cuntractur pay estimates
2K.:\ttend final inspection
29. Produce record drawings in PUI~ formal (based on Client inspector and/or contr.-actor redlines)
3O. Provide a nrt~intum of two adjusted liming plans
The Cliant gill pt•ot•ida the following:
• Electronic samples of 1\'otice to Bidders, Instructions to Bidders, Proposal, Contract, General
Provisions. Spacial Provisions, \\rage Rates. \laintenanca Bond. Parforntance Bond,
Payment F3und, and other items typicalh~ used by (.'lient for bidding
• .~\dvertisentent
• Bidding, cscept as included above
3i I U=fx13
I':'.~lmierlin~~hwt6 Richemillfillet.fYeciuel:iA~tiund~u-Keonelield:uel S~vF~r.duc
Pee : of 3
•
•
1~ ~
~J
'Ilse f'ollow~ing items, it' heeded, will be considered extra work:
• Surveying
• Pvicel acquisition set~~ices (negotiation, appraisals, condemnation. cte:
• (TCUtcuhniral investigations
• I:nvironme:ni:il pel7niUing
• :\dditional meetings not identified above
• :\dditional printing
• Ridding andlor ccrostntction of multiple contracts
('ompensation i`or the included se+~•iecs above in Phase; I shall he a lump sum of 565.9UU.
Compensation for the included scn•iccs abn~•e u~ Phase II shall be a lump sum of S ~,~3UU.
Additional compensation oC SS.000 is available for contingencies (other services to he ruthorized in
writing h}° Client if needed). These shall be negotiated as they are authorized.
3i l 1•':008
P:':~Itrkclin~G~Nurth Ric6lm~dFiilld.ITrriuci~t3~.-Uuundwo~^R.unialield~?nJ Siwpr.doc
1'~ec 3 of 3
•
C~
F~
_~u,,.~~r ~1
4
,~; ~. W
} ~ r Signalization
~r,,,,,,,_ KIRKLN , ~ (Precinct Line Rd
~~µ~ t_N -_- - --_. 5
P ~ S
-: ~ j~ ~~ Amundson Dr)
KIRKLN ,.?
' -- - - -- '-K RK-iN - -
i r. , ~ v
~ „ ~ z , ;~
~ ~
~ a
RUMFIELD RD ! _
_ <
fiUbIFILLGRn- .' -- ------------v-- _~.~
.r ,J f. ~~{JC` LL
~ ~ J
H
Ii U
uu.,.ra+ ~ ~.tr-- -j_ Z
~ ~ ~'- ~ w
yl!~Vr~fif Sl Z S+M:h h~: • d
PiL r •~
LU `a ~. J„t 1 t1{r„
i { ~ -_Vtn r,~ Atir-uH_F ,. '~.~, ~N ~ F
~~. - ',., ....- -~ - c'7
~K`~,p°~
;,o-
ryH ~ -r ~P ~ ~" w E
~' i +ii,
i ~~ ~ $
u. ~ ^.
cv z
tl'~~ _ W.
..~ ~.~ry. ~~ N ~~ R ~ H
-J45r~N ny-~-.- LP" 7;. ~ N -
_j - ~~
T '~ \T4' LL
~' R ':
-W.Sw NC.1P~ t~.h -N ~ •~ .,
` ~' ~ ~ HILLS
1 N Sr + O
y f' ~ ~': .
._ ZL '^ ~,
a - ~. a
y W4Y xLth~LV .~ i T F
~ ~ AMUNpSON DR
w w.+w s~;a oa ur~iw rrn sc~ FfOJ~Ci L.OCBtOf M8p
~ n.5
• T ~'-
jx A S ~ 9
f r P- ~ noun i ,. :F s
`~~~~ ~`1 - ~ ~„
1~ a O }
r, I T
Signalization ~ - :~e~'. _::-
~ ~ ~ J.'k -
(Precinct Line Rd @ ~ ~ ,;~ j '~~' ~~ =
Amundson D_r) ~ ~~
r, iry V'Tfl M'l l •,ir
~ U j
t "J r
7 -
-RAh'C47[ LTV. Y [ 4 i~ ~ j,'
1 C
i
5'~JI Ht81 era-~~' -Wi!.S. ^, iV ^7
-N~-lFIr F-ri'/ 1
~y ~ C
j ~ fLL14i1-Etl'J~I ~dR * '~tr1.M4~f!f-~.1-
~= J ~ ~ ,-' ~~ 0
SCaI@: 1"= 800 :~~~riu; star.~ar~rlw.u_~r-~ - 'a~wc;,ta-nE,,:•c~nctat!timur.:c•7n~e nr-am-~au:,7;.wrUi,~+~;;:~r,artmerr. ~;i
•
•
•
' .r
~
,
;~°
~~
~r
-M~' - ~~~:~
KIRK LN ..
~
-
I ~~µt~ ~N-- - --._ ____
~
A
T ~
f
i KIRK
ignalization
~~
~ N
' s z
Precinct Line Rd
z Rumfield Rd~
;, a
RUMFIELD RD li ~
--- KUMFtC~CrRI}- ~ -.-~-_ _
r. ~ ~
~•' ~ ' ~_
e ii
r~
t I
ro i
~
~ ! ! ~ -n
, U
~~mvr^nr~r
' Iii Z
W
f ,
G
R tAl/:AN, ''~ ~
:
a LlJ
~ L
Q
rc d ~-t F
~-
vLnrt 0.tl taw-~ p .~ 1
t W `s Y~ u
--
o
~
t~'rj-)v:
~ ~ S~
~r
r)N,r
y _ ,J Y
4+ 4P yf'
f
H
'~~ '
' ~ c+" ~
As.~rrsRrc
-
~
2 ---- ~ R
~F
w
- U
w ~ ..
:fir
~~.
';
~~.
-dA 5"N ~~.- p' of N
'
Y~. ~.
1.
3
O ~ ~
sf WAV ~l cA4 LN~~ 9~ " ~
- ~ •, 1 h
~
n T ~ ~ ~
i
o
~- _ .pR. ..---
AMkJNUSG`N
i c
_ _ ---
f -,
- rd+tGt9ea~pZ-
AMUNDSON DR ~.
~ i_tr itHr,T~~N $:.
«-r ..
L ~
i-
S 4
~~' wnr. ~ ate; .
``a~
L' g
-~/EV(hN PUN -
w
_ ~ ~, ;J
i
~
' L
2
~
.fit N-C. M1>f W„' h-F:r- M ~(lA n.11 t
.1
V i
~ A4
h _
-:ROk64iFL V- 'j_ ""- _. , ~ ~ - ti : ~
(. E~~
s ~ ~r
~
y
P .~
Z - _ G
i ~
~_ i- ~-
,..~ ';ff.M .
fIUA'1'l1t'.)r'~i'')0. l ~.~~hn4v r/:
~
-WAVY ftc;
-~1
~ f
~'
Cr~lc- 1" - A(lfl' ,..i./.r; i,: --r::r.-r,r..t.r....:: ~. ..,.... ._..._. _
Signalization
(Precinct Line Rd
Rumfield Rd)
N
w E
S
NORTH
RICHYI~NU
HILLS
Project Locator Map
.... _. .... .,:,. ,:...:~~., ruo-rr~au+'at,+r~~it'~i.'f~:9rtmq^{. rP.,
•
•
•
m - -~
~Y ~7- "
7.~-
_ - ~,
7~ .) r. µ.1j7y
.1 NL X5.4 rt ly
~.IY ... - _Hn_rt~_
,YnA~
ti .~
- '~' ~_
.. Fi Q
rH.
d... .N i:G~ _ ~,i ~
1 LL, y H4~
,`7
- • Krr
r-hf~~=1t- / Q
F
Y Yj~'n
{ • ~~ t1~
y 'iii U
drl
~ L~ R{;~~
r ~ 1
bI.NSGY:tU' __ 'jam _~ w
L ~ u - t R
yR7
0 ~ VI N. ~ .r. n
1 . ~ pc
,~ e~/RS B(l~iSEYR _ l~nub~r;•...rY
~~R
'~ ? ~ D
~ ' I
~ ~ -_-
_n~'HCICLi.' ntt- -
` ~ _ 1
i
- - ----J
GREEN V LLEY: DR
-GREEN-VALLEY UR ' ~
H lint E'eN*sn ..,~
~ I .,
.~
Q ~ I -
H 2 a~
--RC VSnU!-t.~y..-~-.}n.ti:.. ~
W m ~i -
~ iSR'lnCY:c7u :c ~ i. C.~k7 N,tvn t• -
uH-'D v. _ ~ ~M n ~
~r
Signalization ~~
~_
`~ I (Davis Blvd @ ,,,,,IL~iH
Ra~.'ri FiY!t,~Fi ~~
_r,_. Bursey Rd) j
i riLS ~ri_-, ~, . .
RCGiV9^G !:T- i
I,
`!A'iL r
1')1(11-.llnl'
1V- w
T A
o~.r.r .,r.-oR -g ~ *Y ~~s ~ ~aKnfs RU- -p -
'~ t a~oea~ u .
', 1
U -~, ~ ~xKr7 q
n 1 r7
.Nr `-,ryl in
2 'f~ .r.i~41FFR~r~R
A ~ LL
C ~ i
t
fiT Mfl FR'. AiF
r
),- r T CLM CT
m ~'
4` U
--iirlflC.w OR
i ~,
1 '~ w
`( '~i i_
__ ~,
n R . Lt. -._:.._. .c
I
RUMFI.
R11611 ILLI: RV -- ~ ---- --
rr.l r;4~ti1
.7
*i N'l~i+'LL ^ -
K
r,i- ~ n
Y
n ~'
.F
~1':r.'. off _'ur:~ m i„4 r'
7R
`tTU' ~
=(
'l/crr;~, NIGHIOWFR~R
4 nNER~DR- _. _ rn _ --
r -= 1 - ~-
Signalization
(Davis Blvd
Bursey Rd)
N
W E
S
NORTH
RICHr1ANI.~
HILLS
Project Locator Mai
Scale: 1" = 800'
!Jh: V •_2A'r]a'J h.i ti~.'i. 'F _I.`1:C3:=}M1 L'9v1; st C~I1r!.~iY fr.~ ~1r~.!mratlo'I ~ 2T'1-.: i4lrattmr..4 (^I',
C7
•
CITY OF
NORTH R/CHLAND HILLS
Department: Public Works Council Meeting Date: 4-14-2008
Presented by: Mike Curtis Agenda No. E.2
Subject: PW 2008-011 Approve Engineering Agreement with Lee Engineering for the
Signal Timing Synchronization Project for Mid-Cities Boulevard and Boulevard 26 in the
Amount not to Exceed $80,000 -Resolution No. 2008-021
An engineering agreement for the design of signal timing plans along the Boulevard 26
and Mid-Cities Boulevard corridors is being proposed for Council consideration. This
project was approved in the 2007/08 CIP Budget.
The project will involve the optimization of signal timing plans at 23 intersections on the
Mid-Cities Boulevard and Boulevard 26. The intent of the project is to develop,
implement, and fine-tune optimized signal timing plans to provide for progression of
traffic during the peak hours of the day.
The justification for the project is due to the significant changes that have taken place in
traffic patterns since the completion of the 2005 timing plans. Updated timing plans will
decrease motorist delays, fuel consumption and traffic congestion.
The City's policy for the procurement of professional services for this project was used
in evaluating and selecting the recommended firm. Requests for qualifications were
mailed to over 20 engineering firms. Four firms submitted qualifications for
consideration. A review committee consisting of the Assistant Director of Finance, City
Engineer, and Assistant Director of Information Services reviewed the qualifications.
The firms were ranked based on qualifications, such as similar projects and experience
of the project team. The firms were ranked as follows:
1. Lee Engineering
2. TCB
3. Teal Engineering
4. Savant Group
Lee Engineering was selected for the project. They demonstrated that they have the
knowledge and experience for designing like projects. Lee's staff has completed
numerous signal timing plan projects on roadways in the Dallas-Fort Worth Metroplex.
Their Statement of Qualifications showed their project-relevant experience and their
ability to meet the requirements of this project. Lee Engineering has also designed
seven signalized intersections in the City. Their staff has always met the City's
expectations on all projects.
The key components of the engineering agreement are outline below:
Task 1 -Kick-off Meeting
•
^ Kick-off meetin with staff to discuss the two corridors and the si nal timin lans
9 9 gP
to be developed.
^ Gather existing signal timing and phasing information on the intersections.
Task 2 -Data Collection
^ Collect bi-directional 7-day machine traffic counts.
^ Perform "before" travel time runs during the AM, PM, and off-peak periods.
Task 3 -Site Visit/Field Observations
^ Conduct field visits to verify intersection lane configurations and signal phasing.
^ Identify locations of special event traffic generators.
^ Observe traffic operations along the corridors.
Task 4 -Signal Timing Development
^ Develop existing traffic models using Synchro for weekend, AM, PM and off-peak
periods.
^ Review controller interval timing parameters and update if necessary.
^ Complete signal timing plans.
Task 5 -Signal Timing Implementation/Fine-Tuning
^ Work with City staff to implement and fine-tune the timing plans.
Task 6 -After Travel Time Runs
• After travel time runs will be performed to compare the results of the new timing
plans in comparison to the "before" travel time runs.
Task 7 -Final Documentation
^ Prepare a brief technical memorandum summarizing the results and
improvements accomplished during the project.
Task 8 -Signal Timing Plan Adjustments
^ Provide up to six (6) trouble calls
adjustments to signal timing plans.
within a 90 day period for making minor
Lee will perform the work included above for a lump sum fee of $80,000. Sufficient
funds have been approved in the 2007/08 Capital Project Budget.
Recommendation: To approve Resolution No. 2008-021.
•
RESOLUTION NO. 2008-021
WHEREAS, the City Council desires to authorize the City Manager to execute the
engineering agreement with Lee Engineering; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That the City Manager of the City of North Richland Hills is authorized to
execute the contract with Lee Engineering for the Signal Timing
Synchronization Update Project in an amount not to exceed $80,000.00
for the City.
AND IT IS SO RESOLVED.
PASSED AND APPROVED on the 14th day of April, 2008.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
•
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
•
~J
3030 !13.1 FREEWAY
SIJfTC- 1660
DALLAS, TEXAS 75234
972/248-3008 FAX 972!248-3855
TOLL FREE 888/298-3008
~~~ ~nc~n~~~~nc
March 14, 2008
Mr. Jimmy Cates
Public Works Operations Manager
City of North Richland HiIIs
7301 N.E. Loop 820
North Richland Hills, Texas 76180
~~f~~~~~
hrfA.>Z >~ '~ ZOn£i
By
Re: Tr•aj~c Sig~ra! Timing Plans alo~tg Botrlei~ard 26 (SH26) a~ad Alicl-Cities 13otrlevai•d
Dear Mr. Cates:
Lee Engineering is pleased to submit this proposal to perform engineering services for the City of
North Richland Hills. This proposal is based on previous discussions with you regarding the needs
of this project. If accepted, this letter will serve as an agreement between the City ofNorth Richland
Hills and Lee Engineering (L)rE) to provide the services outlined in the Scope of Services below.
PROJECT UNDERSTANDING
The City of North Richland Hills intends to implement optimized signal timing plans at 23
intersections on two corridors (Mid Cities Boulevazd and Boulevazd 26} in the City. i he intent of
this project' is to develop, implement, and fine-tune optimized signal timing plans for these corridors.
A preliminary list of the 23 intersections within these corridors is provided in Exhibit Y on the
following page. LEE will follow the Scope of Services below in completing this project.
SCOPE OF SERVICES
Tusic 1-Kick-off Meeting
LEE will hold a project kick-off meeting with the City of North Richland Hills stafFto discuss the
two corridors (Mid Cities Boulevard and Boulevard 26) and the signal timing plans to be developed.
We have assumed three timing plans (weekday As'VI, PM and off peak periods) will be developed as
part of this project. For sub-areas of the two corridors where there are special traffic generators
(schools, churches), an additional plan (consisting of adjustments to timing parameters) may be
required to account for changes in traffic patterns. We will discuss with City staff to determine if
other tinting plans should be developed. During the meeting, we will also gather existing signai
tinting and phasing information (signal timing sheets) and existing signal hardware information
(controller type and model) for each of the 23 intersections from the City.
Proposal for Trai~c Signal Timing Services Page 1 of 5
M:\OPERATIONSLOOBINRH Signal 7imingWlZF! - 2008 Signal Tuning -2,duc
•
•
C7
1';xhibit 1. Study Corridor Intersections
I . Mid Cities Boulevard at Rufe Snow Drive
2. Mid Cities Boulevard at L•on Horse Boulevard
3. Mid Cities Boulevard at Holiday Lane
4. Mid Cities Boulevard at Smithfield Road
~. Mid Cities Boulevard at Davis Boulevard (FM 193 $)
6. Mid Cities Boulevard at Amundson Drive /Winter Park Drive (future signal)
7. Mid Cities Boulevard at Hawk Avenue
8. Mid Cities Boulevard at Home Depot Driveway / BISD Stadium Driveway
9. 1\tid Cities Bo>.ilevard at Precinct Line Road (FM 30?9)
10. Boulevard 26 (SH 26) at Rufe Snow Drive
11. Boulevard 26 (SH 26) at Vance Road
12. Boulevard 26 (Sl-i 26) at Glenview Drive / Blaney Avenue
13. Boulevard 26 (SH 26) at Road to the Mall
14. Boulevard 26 (SH 26) at Rodger Line Drive
15. Boulevard 26 (5H 26) at NE Loop 820 Eastbound Frontage Road
16. Boulevard 26 (SH 26) at NE Loop 820 Westbound Frontage Road
17. Boulevard 26 (SH 26) at Davis Boulevard {FM 1938)
18. Boulevard 26 (SH 26) at Strummer Drive
19. Boulevard 26 (SH 26) at Harwood Road
20. Boulevard 26 (SH 26) at Emerald Hills Way
21. Boulevard 26 (SH 26) at Tarrant Community College Driveway / NRH2O Driveway
22. Boulevard 26 (SH 26) at Cannon Drive !Walker Boulevard
23. Boulevard 26 (SII 26) at Precinct Line Road (FM 3029)
Taslc 2 -Data Collection
LEE will collect bi-directional 7-day machine counts at one location on each oftlle corridors. These
counts will be used to identify the peak periods for the two corridors and the weekday and weekend
variations.
The machine counts will be evaluated to determine peak period times to collect turning movement
eow~t data. At this time we anticipate collecting turning movement count data for the weekday A]V1,
PM and off peak periods at each project intersection. Additional counts will be performed as
necessary at intersections near any special traffic generators.
These machine counts along with the turning movement counts will be utilized in determining the
number of timing plans that are needed and the times during which each such plan should be in
operation.
BEFORE travel time runs (5 in each direction) will also be performed during each of the weekday
AM, PM and off peak periods prior to implementing any new signal timings along the corridor.
These runs will provide a summary of existing conditions in the veld.
Proposal for Traffic Signs[ Timing Services Pa~,e 2 of 5
~.f:IOPEItATIONS1200liWJa;N Signal TiminglNltJ-t - 2008 Signal Timing -2.doc
•
Task 3 -Site Visit /Field Observations
LEE will conduct a held visit to confirm existing intersection lane configurations, signal. phasing,
signal head displays, distances behveen intersections, turn lane storage, pedestrian crossing distances,
and posted speed limits. We will also identify location of special event traffic generators, railroad
crossings, and school zone limits and time durations.
In addition, we will observe traffic operations along the corridor during the weekday AM, PM and
off peak periods, as well as at other times traffic generators impact the traffic patterns in the area to
identify critical issues such as capacity constraints and queue buildups. We will also photograph
each approach and comer of each signalized intersection along both corridors. These photographs
will show lane assignments, corner conditions, and traffic signal hardware.
Task 4 -Signal Timing Development
Using the data collected in the previous tasks, LEE will develop existing traffic models using
Synchro far the weekend AM, PM and off peak periods. Existing capacity analyses for each
intersection along the corridor will be performed using the weekday AM, PM and offpeak SyncIvo
models to model "before" conditions. These models will help confirm conditions observed during
the field observations of existing conditions.
Controller interval timing pazameters (minimum greens, extensions, vehicular yellows, all-reds, and
pedestrian clearances) will be reviewed and updated, if necessary, using current traffic engineering
practices. ARer the Synehro models have been developed, we will incorporate existing or new
controller interval tlming parameters based on flee outcome of previous tasks. We will test a range of
possible cycle lengths and select a cycle length that will provide good bandwidth and satisfies
phasing and timing requirements at the critical intersections on each corridor. Using these models
we will generate optimized signal timing plans for each study corridor.
The timing plans will establish progression for traffic and reduce queue buildups. The timing plans
will include cycle lengths, signal phasing, splits, offsets, pedestrian walk and clearances, and times of
day for which each plan should be used. We will conduct in-house review and fine-tuning of these
timing plans using SimTraffic, a nucroscopic traffic simulation software.
Upon completion of the initial signal tinting plans, we will deliver the preliminary timings far review
by the City of North Richland Hills. The prelinunary timing data will include input data, timing
parameters, offsets, phase sequence and splits, and time-space diagrams. After staff review, the
timing plans will be finalized and all necessary timing parameters will be provided to City staff
either in standard forms developed by LEE or in a format desired by the City.
Taslc 5 -Signal Timing Implementation and Fine-Tuning
LEE will work with City staff to implement and fine-tune the timing plans. The fine-tuning effort
will include field observations of each intersection and test runs through the project corridor during
each peak period. Adjustments to splits and offsets will be identified to accommodate traffic
conditions. Modification to the liming plans will be provided to City staff based on the adjustments
Proposal for Traff'zc Signal Timing Services Page 3 of 5
M:~OPGRATtONS120081NItF 1 Signal TimingWRH - 2008 Signnl Timing -2.doc
•
•
identified. We will provide documentation of all field timing adjushnents (fine-tuning) after the
approved timing plans have been implemented in the field.
Task 6 -AFTER Travel Time Runs
AFTER travel time runs (5 in each direction} will be performed during each ofthe weekday AM, PM
and offpeak periods after the implementation and fine-tuning of the new signal timings in the field.
The "after" runs will help provide field results of the new timing plans in comparison to the "before"
travel time runs.
We will perform capacity analyses for each intersection along the corridor using the weekday AM,
PM and off peak period Synchro models. The implemented and fine-tuned timing plans will be used
for the "after" analyses.
Tusk 7 -Final Documentation
LEE will prepare a brief technical memorandum sununarizing the results and improvements
accomplished during the project. The documentation will include "before" and "after" comparisons
of the capacity analysis results and the travel time runs and copies of the time-space diagrams for the
new signal tinuugs on each corridor. Electronic copies of the final signal timing plans will also be
provided to the City.
. Taslc 8 -Signal Timing Adjustments
Upon completion of the final documentation for this project (Task 7), adjustments to the traffic
signals required as a result of shifts in traffic patterns, traffic generators, or input from citizens andlor
City staff, will be performed on an as-needed basis. This effort will include minor adjustments to
phase timings, offsets, or phase sequencing. We will respond to up to six (6) trouble calls within a
90 day period after completion of Task 7.
SCHEDULE AND FEE
We will provide these services based on the preliminary schedule identified below:
Milestone Delivery Date
l . Kick-OfEMeeting ~ days after NTP*
2. Data Collection May 2008
3. Develop Signal Timings June 2008
4. Implement/Fine-Tune Timings August to October 2008
5. Final Documentation November 200$
*Notice to Proceed
The schedule was designed to collect all data before the end of the 2007-200$ academic year and
implement and fine-tune the timings after the beginning of the 2008-2009 academic year.
Proposal for Traffic Signal Timing Services Pagc 4 of 5
Ni:10PFRAT1oNS120081NItHSignat TiminglNRH - ?008 Signal Timing -2.Joc
•
r~
•
LEE will perform the work included in Tasks I to 8 for a lump sum fee of $80,000. Any additional
work or meetings will be billed on an hourly basis according to the attached ternis and. conditions
dated December 20, 2005.
If you have any questions, please contact me at (972) 248-300G. We appreciate the opportunity to
submit this proposal and look forward to working with you on this project. We can. begin work
immediately upon receipt of a signed copy of this letter.
Sincere] ,
.~ !'V-G~
Jos ph T. Short, P.E., PTDE
President
Accepted:
City of North Richland Hills Date
Proposal for Traffic Signal Tinting Services Page S of 5
~t:\OPERATION512008WRH 5ignul TimingWftH - ?008 Signul 'l'iming -2.doc
i
Lee Engineering
Terms and Conditions
December 20, 2005
Additional services as authorized by you will be performed at the following rates:
Principal $210.00/per hour
Project Manager $160.00/per hour
ITS System Designer $135.00/per hour
Project Engineer $120.00/per hour
Sr. Engineering Designer $105.00/per hour
Engineering Designer $ 90.00/per hour
Technician $ 60.OOIper hour
Administrative Assistant $ 60.00/per hour
Secretarial $ 50.00/per hour
Highway travel IRS Allowable Rate
Meals, lodging, air fares out-of-packet costs
Reproduction $0.10 b/w copy
$0.20 color copy
Digital Photos 4"X 6"
8"X IO" $1.00
$4.00
TERMS AND CONDITIONS:
I . Invoices will be submitted monthly.
2. Invoices are due and payable when received.
3. Interest at the rate of 1.5% per month will be applied to invoices not paid within 30 days
of initial billing date.
4. We reser<~e the right to cease work on delinquent accounts.
S. Contracting party is responsible for paying all fees and expenses associated with all
activities related to an engagement. Credit will be given for payments received directly
from clients of the contracting party or from others.
6. The retainer fee will be credited against fee.
7. In addition to invoices rendered and interest thereon, contracting party agrees to pay any
and all legal fees and costs incurred in collecting overdue accounts.
8. Rates are subject to change annually. Work performed in subsequent years will be
charged at the adjusted rates.
9. Extra copies of reports will be billed at $10.00 per copy.
10. All contracts shall be subject to the laws of the State of Arizona.
S:tstnndnrd mte3005.doe
•
•
•
Location Map
.. ~ ..,~ for
HAOY GROVE RD ' ~/ ~ V n a ~ T i ~' 11 g
Synchronization
~`~" Projects
N THTP~
a
(Boulevard 26
and
m
Mid-Cities Blvd}
O W
2
1O RU~tFIE D D ~
~ V
STARNES RO ~ _
° w
n
R
~° ~
HIGHTOWER ~
Mid-Cities Blvd W ~'°~
f ~}JN
N Y
VMAN RD AIN 5
2
1/i
W tiV I
u
K
# ............. NE~?RTH
r
,° G EMERALD Ni ~ y~ T ~ H T ~ ~ T '(~
O >
~ HARW 0 R ~.~}
HILLS
A
t i-820 NE l0 ~ -
W
i
t
`~, LESS RD Project Locator Map
~.
~.......
.. ...: ~ ~ N K i'
e5 t q r.t..i ~ `J
Y 1.1,1:!r~~ RU
t Y
y ~ GLE NVIEW DR ~ s f
9' SRr•f 5 r•t
~~e :c.e. r u v_. ~ . aw ~ r ~ rw . • ,.+1 _ !'h A(~Y'.. f: SYH
A 'G: ` Y
y
t } I
~~ ~ ~~ Boulevard 26
r
#. mw ':~~.yi r{~!
~ti0 S.
~ Er: .V
+17 Af R 08 Standard IAaos'.CIF Sanaly--anon Trrnrrui at MdCltyes Blvd^F, and Ininrmar.nn GANr~ n.,.,,n.,,..n . rlc
1`~
u
CITY OF
•
•
•
•
CITY OF
NORTH R/CHLAND HILLS
Department: Parks and Recreation
Presented by: Vickie Loftice
Council Meeting Date: 4-14-2008
Agenda No. F.1
Subject: GN 2008-025 Authorize the City Manager to Execute an Agreement with
Barbara Grygutis in the amount of $149,000 fora Public Art Commission and
Installation for the Grand Avenue Park Plaza -Resolution No. 2008-018
The approved 2007/08 Capital Improvement Program includes funding for public art
within the Grand Ave Park Plaza. The park plaza is currently under design with
construction expected to begin this October.
Funding for a significant public art commission has been included in the Parks CIP
Budget since 2002. Originally, this public art commission was planned under the Davis
Blvd fly-over bridge at Blvd 26 and Bedford Euless Road. Within the last few years,
TxDOT had started using this area for highway material storage related to de-icing and
highway maintenance. As a result, it was recommended that the public art commission
be relocated to the Grand Ave Park Plaza located south of the Library and north of The
Venue.
•
The public art commission will be an important feature within the park plaza signifying
arrival into the HomeTown NRH commercial and residential subdivision. For the past
few months, staff has researched potential artists that have produced outdoor public art
within an urban mixed use development. In identifying potential artists, the following
criteria were considered:
• The sculpture should visually signify the arrival into the HomeTown NRH Development
area and be site specific to the park plaza and surrounding facilities
• The sculpture should be a lighted piece that extends out beyond the park
• The sculpture should be easy to understand and non-controversial
• The sculpture should be artistically well designed and compositionally fit the space
• The medium selected must be in context with the surrounding architecture
After reviewing several potential artists with qualifications and experience related to the
above criteria, staff is recommending Barbara Grygutis for the public art commission.
Barbara is a resident of Arizona and has created works of art for public spaces since
1971 including 50 commissions of public art throughout the country. She was born in
Hartford, Connecticut and was raised in Israel. She earned BFA and MFA degrees from
the University of Arizona.
U
Barbara has a histo of desi nin lar a scale, site-s ecific ublic art that is thematicall
rY 9 g 9 P P Y
based with strong visual statements about the communities for which the public art was
created. Within the sculptural elements of her designs the viewer will notice interplay
between art and nature.
The agreement with the artist includes a conceptual design with two to three variations
of the design, final project design approved by the City, engineering, fabrication,
shipping and installation of the public art. The cost will be $149,000 for design,
construction, and installation. Funding is from the Park Development Fund of sales tax.
Anticipated completion of the project is scheduled for May 2009 which is concurrent with
the completion of the Grand Ave Park Plaza.
Recommendation: To approve Resolution No. 2008-018.
•
~ NftH
RESOLUTION N0.2008-018
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT the City Manager is authorized to execute a Professional Services
Agreement with Barbara Grygutis in the amount of $149,000 for a Public
Art Commission for the Grande Avenue Park Plaza as the act and deed of
the City.
PASSED AND APPROVED this the 14th day of April, 2008.
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:
Vickie Loftice, Director of Parks and Recreation
•
•
AGREEMENT
BETWEEN
THE CITY OF NORTH RICHLAND HILLS
AND
BARBARA GRYGUTIS SCULPTURE LLC
FOR
PUBLIC ART COMMISSION AT THE GRAND AVE PARK PLAZA
made as of the 14'h day of April in the Year 2008
BETWEEN the City: The City of North Richland Hills, Texas
7301 NE Loop 820
North Richland Hills, Texas 76180
Telephone 817-427-6003
and the Artist(s): Barbara Grygutis Sculpture LLC
P.O. Box 3028
Tuscan, Arizona, 85702
for the following Project: Public Art Commission at the Grand Ave Park Plaza
The City and the Artist agree as set forth below.
THIS AGREEMENT is made and entered by and between the City of North Richland Hills, Texas, a
Home-Rule Municipal Corporation, hereinafter referred to as "City", and Barbara Grygutis, hereinafter
referred to as "Artist", to be effective from and after the date as provided herein, hereinafter referred to as
the "Agreement".
WHEREAS, the City desires to engage the services of the Artist to create public art as part of the Grand
Ave Park Plaza development, hereinafter referred to as the "Project": and
WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided
herein.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual benefits to be
obtained hereby, the parities hereto agree as follows:
ARTICLE 1
ARTIST'S SERVICES
•
1.1 Employment of the Artist -The City hereby agrees to retain the Artist to perform the services
set forth herein in connection with the Project. Artist agrees to perform such services in accordance with
the terms and conditions of this Agreement.
1.2 Scope of Services -The parties agree that Artist shall perform such services as are set forth and
described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes.
The parties understand and agree that deviations or modifications to the scope of services described in
Exhibit "A", in the form of written change orders, may be authorized from time to time by the City.
1.3 Schedule of Work -The Artist agrees to commence work immediately upon execution of this
Agreement and receipt of first payment, and to proceed diligently with said work to completion as
described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and
incorporated herein by reference for all purposes.
ARTICLE 2
THE CITY'S RESPONSIBILITIES
2.1 Proiect Data -The City shall furnish required information, that it currently has in its possession,
as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely
upon the accuracy and completeness thereof.
2.2 City Proiect Manacter -The City shall designate, when necessary, a representative authorized to
act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized
representative shall examine the documents submitted by the Artist and shall render any required
decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the
Artist's services.
2.3 Services Provided By City -The City shall provide the electrical for the art work and construct
the footing for the art work. The required footing for the art work will be supplied by the Artist through a
structural engineer. The City shall incur no other costs other than the amount outlined in this agreement.
ARTICLE 3
ARTIST'S COMPENSATION
3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services",
compensation for this Project shall be 149 000 ("Artist's Fee") and will cover all services to be rendered
and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in
accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in
Exhibit "B", attached hereto. The final fifteen percent (15%) of the Artist's Fee, or 22 260. shall not be
paid until the Artist has completed, delivered and installed, where applicable, all of the services, products,
sculptures and tasks described in Exhibits "A"and "B" attached hereto.
3.2 Invoices - No payment to the Artist shall be made until Artist tenders an invoice to the City.
Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is
mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City
immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains
outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully
performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to
suspend all work specified under this Agreement until the account is brought current. Continued
performance and/or completion of work by the Artist under this Agreement shall resume upon the
payment of the earned fees by the City.
3.3 Failure to Pay -Failure of the City to pay an invoice, for a reason other than cause, to the Artist
within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all
other rights provided, to, upon written notice to the City, refuse to render further services to the City and
r~
U
such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay
any invoice submitted by the Artist if the Artist breached any provision(s) herein.
3.4 Adiusted Compensation - If the Scope of the Project or if the Artist's services are materially
changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City.
3.5 Proiect Suspension - If the Project is suspended or abandoned in whole or in part for more than
three (3) months, Artist shall be entitled to compensation for any and all work completed to the
satisfaction of City in accordance with the provisions of this Agreement prior to suspension or
abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any
other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If
the Project is resumed after being suspended for more than three (3) months, the Artist's compensation
shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the
Project is resumed shall be agreed upon in writing by both parties before the services are performed.
ARTICLE 4
OWNERSHIP AND COPYRIGHT
4.1 Ownership of Work -The Project is the property of the City, and the Artist shall not make any
duplicate works of the same exact design, nor shall the Artist grant permission to others to do so except
with the written permission of the City of North Richland Hills. The City shall be entitled to copies of the
plans and the maquette, which are prepared by the Artist in connection with the development and
fabrication of the Project under this Agreement. The ownership of the work is transferred to the City upon
full payment of the artwork described in Exhibits "A" and "B" attached hereto.
4.2 Ownership of Copvright -Artist shall retain the copyright to the artwork. Artist shall take all
steps, at his own expense, to protect the copyright of the artwork.
•
4.3 License to City -The Artist licenses the City, its employees, representatives, officers and agents,
the right to make photographs, two dimensional reproductions, and two dimensional adaptations of the
work for educational, public relations, arts promotional and other non-commercial purposes. For the
purposes of this Agreement, the following, among others, are deemed to be reproductions and/or
adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides,
photographs, postcards, posters, and calendars; in magazines, books, art and news sections of
newspapers; in general books and magazines not primarily devoted to art but of an educational, historical
or critical nature; slides, videos and film strips not intended for a mass audience, and television from
stations operated for educational purposes or on programs for educational and news purposes from all
stations. Creation of any three dimensional reproductions or adaptations of the Project in any size, will be
made by the Artist for an agreed upon fee.
4.4 Representations and Warranties Regarding Copvright -The Artist represents and warrants
that the artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other
intangible rights of any third party.
ARTICLE 5
INTEGRITY OF THE WORK
5.1 Repairs and Maintenance -The City undertakes to exercise reasonable care to protect, repair,
and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such
non-routine maintenance, including, without limitation, damage by acts of God, vandalism, and/or
replacement of any portion of the Artwork to the extent that he is able to do so.
During Artist's lifetime, the City will not undertake any non-routine maintenance on the artwork without
consulting the Artist or his or her authorized representative unless an emergency requires the City to do
so.
~~
5.2 Relocation of the Work - To the extent that the artwork is capable of being relocated, the City
shall have the right to do so. If feasible, as solely determined by the City, the City shall undertake to
consult with the Artist concerning the relocation of the artwork prior to any such relocation; provided,
however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with
such relocation, he shall have the right to renounce credit for the artwork. If Artist renounces credit for
her artwork, this would include, among other things, relinquishment and abandonment of the copyright
described herein.
5.3 Credit -The City agrees, at its own expense, to prepare and install at or near the Project a public
notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the
creation of the artwork.
ARTICLE 6
INSURANCE COVERAGE
Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all
aspects and phases of this Project. Artist shall be required to provide and maintain professional liability
insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two
Million and No/100 Dollars ($2,000,000.00) aggregate. All insurance and certificate(s) of insurance shall
contain the following provisions:
1. Name the City, its officers, agents, representatives, and employees as additional insureds as to all
applicable coverage with the exception of workers' compensation insurance.
2. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or
material change of the insurance.
3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or
any other loss to the extent the same is covered by the proceeds of insurance.
Insurance company qualification: All insurance companies providing the required insurance shall be
authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating
service.
Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted
no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by
the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is
renewed or extended.
ARTICLE 7
AUDITS AND RECORDS/PROHIBITED INTEREST
The Artist agrees that at any time during normal business hours and as often as City may deem
necessary, Artist shall make available to representatives of the City for examination all of its records with
respect to all matters covered by this Agreement, and will permit such representatives of the City to audit,
examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of
this Agreement or for such other or longer period, if any, as may be required by applicable statute or other
lawful requirement.
ARTICLE 8
TERMINATION OF AGREEMENT/REMEDIES
8.1 Artist Default -Failure or refusal of the Artist to perform any act herein required, unless mutually
agreed to in writing by the City and the Artist, shall constitute a default. In the event of a default, in
addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten
(10) day written notice. Such notice does not waive any other legal remedies available to the City. Should
termination occur due to Artist default, Artist will refund any payments received.
8.2 Conditions for Termination of Agreement Other than Artist's Default - If the City deems, in
its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines
specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost
estimates indicate that the Project cannot be completed within the Project budget, the City retains the
right to terminate this Agreement and is released from the obligation to enter into fabrication and
installation of the Artist's design concept for the Project.
In the event of any termination, Artist shall deliver to City all work, entirely or partially completed.
The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by
the City, performed as outlined in Exhibit "B", as applicable, to the date of the termination notice received.
The City shall make this final payment within thirty (30) days of notifying the Artist.
The rights and remedies provided by this Agreement are cumulative, and the use of any one right or
remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights
and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or
otherwise.
ARTICLE 9
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute
arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by
voluntary mediation to be conducted by a mutually acceptable mediator.
•
C~
• ARTICLE 10
INDEMNITY
ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS
CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND
EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH,
CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE, CLAIMS FOR PATENT,
TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER
INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS,
SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY, CAUSED BY THE NEG~.IGENT, GROSSLY NEGLIGENT,
AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR
ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN
ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS
AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT,
REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY
OF THE CITY (HEREINAFTER "CLAIMS"~. ARTIST IS EXPRESSLY REQUIRED TO
DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF
COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-
APPEALABLE, DETERMINING THAT CITY (WITHOUT WAIVING ANY GOVERNMENTAL
IMMUNITY IS SOLELY NEGLIGENT FOR THE CLAIMS (THE "JUDGMENT"~, THEN
ARTIST IS NOT REQUIRED TO DEFEND OR INDEMNIFY CITY FOR EACH CAUSE(S~ OF
ACTION IDENTIFIED IN THE .JUDGMENT AS BEING SOLELY CAUSED BY CITY. IN THE
EVENT THE .JUDGMENT PROVIDES THAT CITY IS SOLELY NEGLIGENT FOR THE
CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE CONSULTANT FOR
ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY CONSULTANT
THAT ARE ATTRIBUTABLE TO CITY'S SOLE NEGLIGENCE, AS SET FORTH IN THE
.JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND
EXPENSES, TO CONSULTANT WITHIN SIXTY (6O) DAYS OF THE DATE OF THE
.JUDGMENT (THE "REIMBURSEMENT ALLOCATION"~.
IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT
DEFENSE COUNSEL TO BE RETAINED BY ARTIST IN FULFILLING ITS OBLIGATION
•
HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY
WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION
OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO
SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF
ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION
TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY
APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S
WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER
THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME
PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN
BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS
ARTICLE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
ARTICLE 11
NOTICES
Artist agrees that all notices or communications to City permitted or required under this Agreement shall
be delivered to City at the following addresses:
Vickie Loftice
Director of Parks and Recreation
City of North Richland Hills
6720 NE Loop 820
North Richland Hills, Texas 76180
City agrees that all notices or communication to Artist permitted or required under this Agreement shall be
delivered to Artist at the following address:
Barbara Grygutis Sculpture LLC
P.O. Box 3028
Tuscan, Arizona 85702
Any notice provided for under the terms of this Agreement by either party to the other shall be in writing
and may be effected by registered or certified mail, return receipt requested.
All notices or communication required to be given in writing by one party or the other shall be considered
as having been given to the addressee on the date such notice or communication is postmarked by the
sending party. Each party may change the address to which notice may be sent to that party by giving
notice of such change to the other party in accordance with the provisions of this Agreement.
MISCELLANEOUS
ARTICLE 12
12.1 Complete Agreement -This Agreement, including the exhibits hereto labeled "A" through "B", all
of which are incorporated herein for all purposes, constitute the entire agreement by and between the
parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written
and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified
except by written agreement duly executed by both parties. To the extent that any provision of this
Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail.
•
12.2 Assignment and Subletting -The Artist agrees that neither this Agreement nor the work to be
performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist
further agrees that the assignment or subletting of any portion or feature of the work or materials required
in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as
provided by this Agreement. All such approved work performed by assignment or subletting shall be
billed through Artist, and there shall be no third party billing.
12.3 Successors and Assigns - City and Artist, and their partners, assigns, successors,
subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby
bound to the terms and conditions of this Agreement.
12.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be
invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term,
condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and
effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained
herein.
12.5 Venue -This entire Agreement is performable in Tarrant County, Texas and the venue for any
action related directly or indirectly, to this Agreement or in any manner connected therewith shall be
Tarrant County, Texas, and this Agreement shall be construed under the laws of the State of Texas.
12.6 Execution/Consideration -This Agreement is executed by the parties hereto without coercion or
duress for any substantial consideration, the sufficiency of which is forever confessed.
12.7 Authority -The individuals executing this Agreement on behalf of the respective parties below
represent to each other that all appropriate and necessary action has been taken to authorize the
individual who is executing this Agreement to do so for and on behalf of the party for which his or her
signature appears, that there are no other parties or entities required to execute this Agreement in order
for the same to be an authorized and binding agreement on the party for whom the individual is signing
this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and
such authorization is valid and effective on the date thereof.
12.8 WaT Waiver by either party of any breach of this Agreement, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive
such party's right thereafter to enforce and compel strict compliance.
12.9 Headings -The headings of the various sections of this Agreement are included solely for
convenience of reference ,and are not to be full or accurate descriptions of the content thereof.
12.10 Multiple Counterparts -This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to
constitute an original if properly executed.
12.11 Sovereign Immunity -The parties agree that the City has not waived its sovereign immunity by
entering into and performing its obligations under this Agreement.
12.12 Representations -Each signatory represents this Agreement has been read by the party for
which this Agreement is executed and that such party has had the opportunity to confer with its counsel.
12.13 Miscellaneous Drafting Provisions -This Agreement shall be deemed drafted equally by all
parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its
fair meaning, and any presumption or principle that the language herein is to be construed against any
party shall not apply.
12.14 No Third Partv Beneficiaries -Nothing in this Agreement shall be construed to create any right
in any third party not a signatory to this Agreement, and the parties do not intend to create any third party
beneficiaries by entering into this Agreement.
12.151ndemnity -The parties agree that the Indemnity provision set forth in Article 10 herein is
conspicuous and the parties have read and understood the same.
12.16 Death of Artist - In the event the Artist dies or becomes incapacitated during the term of this
Agreement, the fabrication, delivery, and installation of the artwork shall be completed pursuant to the
Artist's design, conception, and plans by Barbara Grygutis Sculpture LLC (The Studio will complete the
work) P.O. Box 3028 Tuscan, Arizona, 85702. 1-520-882-5572.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be
effective on the latest day as reflected by the signatures below.
Effective Date:
CITY ARTIST
The City of North Richland Hills, Texas
By: By:
Larry J. Cunningham Barbara Grygutis Sculpture LLC
Title: City Manager Title: Artist
•
EXHIBIT "A"
SCOPE OF SERVICES
Agreement between the City of North Richland Hills, Texas (City)
and Barbara Grygutis Sculpture LLC (Artist)
For the Design, Fabrication and Installation of artwork for the Grand Ave Park Plaza.
Project Description
For the Grand Ave Park Plaza, Barbara Grygutis Sculpture LLC will perform the following tasks:
A) Develop public art proposal for the Project to be presented to appropriate City staff
and the Internal Public Art Committee for their review and approval by the timeline
outlined in Exhibit B. This proposal will include
• a narrative description of the Artwork, with detail regarding the overall form
or design, scale, dimensions, colors and surface treatment of the Artwork;
• a detailed budget and an installation timeline.
• a description of the proposed location of the Artwork at the Site and any site
preparations that may be required by the City;
• a description of the method by which the Artwork is to be fabricated and
installed; and
• a description of any maintenance and conservation requirements for the
Artwork;
i
The proposal will complement the design of the Project, will be safe for children, and will
be constructed of durable materials.
B) Upon City approval of the proposal the Artist shall prepare detailed drawings and
supplementary documents, indicating any issues involved in the construction,
integration and maintenance of the Artwork, as well as any third party subcontractors
needed to work on the project. Should engineering be required for a freestanding art
element, the Artist will be responsible for the cost. Where appropriate, or as otherwise
requested by the City, the Artist shall present drawings stamped by an engineer,
licensed by the state of Texas and paid by the Artist, for certification that the Artwork will
be of adequate structural integrity.
C) The Artist shall fabricate and install the Artwork in substantial conformity with the
approved design. Any changes in the concept must be approved by the City. It is the
responsibility of the Artist to coordinate with the City, Landscape Architect, and
Contractor to ensure that the Site is prepared to receive the Artwork.
D) The Artist shall fabricate and install the Artwork in substantial conformity with the
approved design. Any changes in the concept must be approved by the City. It is the
responsibility of the Artist to coordinate with the City, Landscape Architect, and
Contractor to ensure that the Site is prepared to receive the Artwork.
~J
E) Upon completion of the installation and clean-up of the site, the City project manager
will inspect the work and give notice of acceptance. The Artist will prepare a
maintenance worksheet and submit it to the City. The Artist is invited to participate in
dedication events to be coordinated by the City.
EXHIBIT "B"
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement between the City of North Richland Hills, Texas
and Barbara Grygutis Sculpture LLC
For the Design Fabrication and Installation of
Grand Ave Park Plaza Public Art Project
Completion Schedule and Project Billing
•
Timeframes are contingent upon the Grand Ave Park Plaza Public Art Project Schedule.
TASK DESCRIPTION PAYMENT PROJECTED
TIMEFRAME
1 Execution of agreement and notice to 30% April 2008
proceed. City receipt of insurance ($44,700)
documentation
2 Artist research and design work. 30% August 2008
Proposed product presented to and ($44,700)
a roved b Public Art Board.
3 Documentation, acceptable to the City, that 25% December
fabrication is 50% complete. $37,250 2008
4 Completion of fabrication and installation. 15% May 2009
Acceptance by Project Manager, submit ($22,350)
maintenance worksheets, dedication.
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Welch
Council Meeting Date: 4-14-2008
Agenda No. F.2
Subject: GN 2008-027 Appointment to Teen Court Advisory Board -Place 7
The Place 7 position on the Teen Court Advisory Board is currently vacant. Councilman
Welch is recommending the appointment of Anita Jones to fill the vacancy. Ms. Jones
lives in the eastern quadrant of the City.
Recommendation:
To consider the appointment of Ms. Anita Jones to Place 7 on the Teen Court Advisory
Board, term expiring June 30, 2009.
CITY OF
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Bo Bass
Council Meeting Date: 4-14-2008
Agenda No. G.1
Subject: Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
1) To Consider and Act Upon Mineral Leases of City Property -Resolution No. 2008-
023
This item will be discussed in Executive Session prior to the Regular City Council
meeting. The attached Resolution authorizes the City Manager to execute an oil and
gas lease for city owned property around Walker Creek in central North Richland Hills.
Recommendation:
A recommendation will be presented at the Council meeting following the Executive
Session.
~ N ~H RESOLUTION NO.2008-023
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 city owned property around Walker Creek in central North
Richland Hills.
PASSED AND APPROVED this the 14th day of April, 2008.
By:
ATTEST:
Patricia Hutson, City Secretary
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Ogden "Bo" Bass, AICP
Assistant City Manager
•
U
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Bo Bass
Council Meeting Date: 4-14-2008
Agenda No. G.1
Subject: Update on Proposed Agreement for Mineral Leases of City owned property
near Walker Creek -Resolution No. 2008-023
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. The City also began
leasing city owned minerals to gas exploration companies. The revenues from those
leases go toward economic development projects, the preventative street maintenance
program and parks and recreation programs.
•
Chesapeake Energy has approached the City, offering to lease 40.88 acres of city
owned land near Walker Creek in the eastern central portion of the City. A map of the
area is attached. Chesapeake Energy has already leased property from Birdville
Independent School District and other property owners in the area. It is currently
negotiating with the other area mineral owners. The company has approached the City
in the past about leasing this same property, but no agreement on terms was ever
reached or accordingly approved.
Chesapeake Energy is offering the City $10,000 per acre or 408 800 total as a signing
bonus, and 25% royalties from anything that is extracted from the site. The lease term
would be for two years. This lease is for mineral use only and does not give drilling
concessions on city owned property.
A Resolution must be passed to approve the lease agreement.
Recommendation: Approve Resolution No. 2008-023 authorizing the City Manager to
execute the Oil and Gas Lease for City owned property near Walker Creek in central
North Richland Hills.
•
NFZH
•
RESOLUTION NO. 2008-023
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 city owned property around Walker Creek in central North
Richland Hills.
PASSED AND APPROVED this the 14~h day of April, 2008.
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:
Ogden "Bo" Bass, AICP
Assistant City Manager
•
` ..
~~
.~.
;'
:. ~,
1
s~'~9
e^Ti~;~':~~q
CITY OF
.,
~.
•
•
u
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Scott Turnage
Council Meeting Date: 4-14-2008
Agenda No. H.1
Subject: Announcements -Councilman Turnage
Announcements
Join us at 10 a.m. on Saturday, April 19t" for the grand opening of the new North
Richland Hills Public Library. There will be dedication speeches and a ribbon cutting,
followed by tours of the new facility. The new library is located at 9015 Grand Avenue.
For more information, please call 817-427-6800.
The Sounds of Spring Concert Series continues every Friday night through May
9t" at NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is
FREE. Remember to bring blankets and lawn chairs. For more information, call 817-
427-6600 or visit www.soundsnrh.com.
Don't forget to register your team for Companies in Action presented by Health
Markets. The Companies in Action bowling competition is scheduled April 19th and a 5K
Fun Run will be held May 10th. For more information, please call 817-427-6600.
•
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Officer Travis Peck, Police Department
A resident recently called to commend Officer Peck for his assistance with, and swift
resolution of, an issue at his home. The resident said Officer Peck was the most
professional officer he has dealt with in Tarrant County and he is sure to rise through
the ranks very quickly due to his work ethic and high standard of performance.
•
CITY OF
•
•
•