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HomeMy WebLinkAboutCC 1999-03-15 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH'15,1999 —6:00 P.M. For the Special Meeting conducted at the North Richland Hills City Hall Pre-CouncitC,hahibers, 7301 Northeast Loop 820. • NUMBER - ' ITEM . • ACT4QN TAKEN 1. Discuss Items from Special March 15, 1999 Agenda-(5 Minutes) 2. IR 99-34 Pre-Council Broadcast (10 Minutes) • 3. SRC 99-02 Sign Variance to the Maximum Sign Area for Directional Signs at-6625 and 7201 Industrial Park Boulevard (Agenda item No. 18) (5 Minutes) 4. "Executive Session (25 Minutes)—The Council may e enter into closed executive session,to' discuss the following: Consultation with Attorney Under,:_ 'Government Code §551.071 (25 Minutes) 1. • HUD vs. NRH• 2. ' Seaton vs. NRH 5. Adjournment— 6:50 p.m. 'Closed due to subject Matter as provided by thdtip'en Meetings Law. If any action is contemplated, it will be taken in open session. jilloak) (4 JUL 2 9 'P5 ItkA CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 15, 1999 —7:00 P.M. For the Special Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special Presentations 5. Removal of Item(s) from the Consent Agenda Page 2 NUMBER ITEM ACTION TAKEN 6. Approval of Consent Agenda Items a.) Minutes of the Pre-Council Meeting February 22, 1999 b.) Minutes of the City Council Meeting February 22, 1999 c.) Minutes of the City Council Work Session February 25, 1999 GN 99-23 d.) Approval of Amendment to Professional Services Contract— Resolution No. 99-18 GN 99-15 e.) Repeal Ordinance No. 1759 and Remove the No Parking Zone on Bursey Road — Ordinance No. 2371 GN 99-16 f.) Appointing Alternate Presiding Judge for May 1, 1999 Joint City Council/BISD Election — Resolution No. 99-17 GN 99-17 g.) Vacate Dedication of Easement— Ordinance No. 2372 PU 99-08 h.) Award Bid for Roof Maintenance & Repair to Paragon Roofing in the Amount of$59,992 PU 99-09 i ) Award Annual Contract to Print Time of Your Life Brochure to Dallas Offset, Inc — Resolution No. 99-21 PU 99-10 l.) Authorize Purchase of Defibrillator/Monitors from Physio Control in the Amount of$31,861 PU 99-11 k.) Award Bid for HVAC Replacement to Airwise Heating & Air in the Amount of $15,950 PU 99-13 I.) Major Computer Systems Hardware Maintenance — Resolution No. 99-19 r Page 3 NUMBER ITEM ACTION TAKEN 7 PS 99-02 Consider Request of Trademark Retail, Inc., fora Final Plat of Lot 1, Block 1, Northeast Crossing Addition. (Located at 6091 Precinct Line Road) 8. GN 99-18 Public Hearing to Consider Proposed Sign Regulations and Consider Approval of Sign Regulations— Ordinance No. 2374 9. GN 99-19 Public Hearing to Consider Proposed Landscaping Regulations and Consider Approval of Landscaping Regulations — Ordinance No. 2375 10 GN 99-20 Transfer Cable Television Franchise Agreement to Charter Communications — Ordinance No. 2373 11 GN 99-21 Amendment to Council Rules of Procedures — Ordinance No. 2370 12. GN 99-22 Consider Proposed Telecommunications Ordinance and Application Form — Ordinance No. 2376 13. PU 99-14 Agreement with OTM Engineering for PBX Professional Assistance— Resolution No. 99-20 14. PU 99-15 Construction of 1999 NRH2O Enhancements 15. PW 99-05 Approve Supplemental Agreement with the State of Texas for the Reconstruction of Rufe Snow Drive from I.H. 820 to Mid- Cities Boulevard (CMAQ) Key Intersections Only— Resolution No. 99-16 16. PW 99-06 Approve Supplemental Agreement with the State of Texas for the Reconstruction of Rufe Snow Drive from I.H. 820 to Mid- Cities Boulevard (STP-MM) Roadway Only — Resolution No. 99-15 Page 4 NUMBER ITEM ACTION TAKEN 17. PW 99-08 Approve Interlocal Agreement with Tarrant County for the Maintenance of North Tarrant Parkway— Resolution No. 99-13 18. SRC 99-02 Sign Variance to the Maximum Sign Area for Directional Signs at 6625 and 7201 Industrial Park Boulevard 19. (a) Citizens Presentation (b) Information and Reports 1.) Get Free Beanie Baby By Spaying/Neutering Pet 2.) NRH2O Season Passes 20. Adjournment M/1-1MLt-Lt la, t4e1q fft, INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-34 Date Monday, March 15, 1999 Subject. Pre-Council Broadcast At the request of Councilwoman JoAnn Johnson and Councilman Frank Metts, the Communications Department has investigated the feasibility of broadcasting the Pre- Council meetings live. Following are the options available for this request: Option #1 - $10,000 The installation of wiring from the Council Chambers production room to the Pre-Council Room and the purchase and installation of two automated ceiling-mounted cameras to provide optimum coverage of Council members and presentations Option #2 - $6,400 Wiring of Pre-Council Room and purchase and installation of one camera in the most feasible location Option #3 —Taped replay of Pre-Council Meeting This option would require a camera and tri-pod set up in the Pre-Council room and a camera operator. It would limit camera angles and would also take up seating space in the room. The taped, unedited, replay could be broadcast the day following the Council meeting. Option #4 — Produce taped-delayed broadcast of a "news" formatted program highlighting issues discussed in Pre-Council meetings. This production would require considerably more production and turn-around time. Besides the cost for installation and purchase of cameras, there would be minimal impact on the staff operating costs. Staff will be present to answer any questions the Council may have.p Res ctfully submitted, Donna Huerta Communications Director a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 — FEBRUARY 22, 1999 — 3:30 P.M. Present. Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman Jo Ann Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Steve Norwood Managing Director Development Servs. Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney Marty Wieder Economic Development Director Greg Dickens Public Works Director Terry Kinzie Information Services Director Larry Koonce Finance Director Donna Huerta Director of Communications Ed Dryden Building Official Mike Curtis Asst. Public Works Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 3:30pm. DISCUSS ITEMS Agenda Item No. 6a — PU 99-05 - Mayor Scoma STEVE N. FROM REGULAR questioned if this product can be matched if the need FYI FEBRUARY 22, 199 arises. Staff advised that the beach section of the AGENDA wave pool can be patched if necessary. Agenda Item No. 7 — PZ 98-42— Councilman Metts questioned whether the Land Use Ad Hoc Committee had addressed accessory building regulations. Mr. Norwood advised that the Committee has not yet addressed this. The City Manager advised that Council was being requested at this time to consider the recommended modifications proposed by Staff If any changes are City Council Minutes February 22, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT needed after the Land Use Ad Hoc Committee does their study and makes their recommendations, additional modifications will be sent to the Council for approval. IR 99-021 REVIEW The Finance Director outlined for Council's LARRY K./STEVE B./ PROCESS FOR consideration the process and timetable for a second MARTY W./JIM B. CREATING 2N0 TIF TIF District to possibly fund public facilities in the Please follow up. DISTRICT Town Center area. The Council was advised that if they were interested in pursing this, the formation of a new TIF would need to be completed prior to the end of August to avoid any changes that the legislature might make to the current TIF law. Council was advised that the Consultant's report on the Library and Recreation Center would be completed soon. Staff advised they would present a report to the Council on the proposals with respect to the two projects and different financing options. After discussion by the Council, the consensus was to continue to move forward, to consider this as a possible funding option and to review information on costs and projections along with the projects that might be considered. IR 99-022 DISCUSS The City Manager presented the draft sign and STEVE N./RANDY S. PROPOSALS FOR landscaping ordinances. Mr. Shiflet reviewed each Follow up for March SIGN AND of the proposed recommended changes to the Sign 15 Agenda. LANDSCAPING Ordinance. Specific issues discussed and ORDINANCES consensus arrived at by the Council included: 1) Wording was handed out to the Council to include major development signs located outside the freeway overlay zone The addition is to be inserted on page 15 of the draft ordinance as item number 3. 2) The wording from page 12, Section 3C of the ordinance is also being added to page 3, Section 0. This will allow for the sponsorship of a sign 3) The Council discussed on page 11, Section 14A2 allowing pennants for automobile dealerships located in the Freeway Overlay Zone until December 31, 2003 or until the road construction was completed. The Attorney advised that to enforce the criminal penalty in the ordinance, there had to be a definite date. City Council Minutes February 22, 1999 Page 3 ITEM DISCUSSION ASSIGNMENT 4) Discussion on how the location of the sign will be calculated in comparison to its size and general discussion on different sign heights, types and placement standards. It was suggested that the signs of larger size and height be in relationship to the building and be tied to the square footage of the development. It was also suggested that landscaping requirements be considered with the signs and that pole signs be tied to larger developments. Three options were considered by the Council: 1) monument signs only; 2) combination monument signs and pole signs proportionate to the size of the building; and 3) monument sings only with pole signs as part of a master signage landscape plan for individual consideration by Council. Councilman Welch and Milano favored option one. Councilman Melts, Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman favored option number 2 and Councilman Mitchell favored option 3. The consensus therefore was a combination of monument signs and pole signs proportionate to the size of the building 5) There was discussion on political signs. It was suggested that the wording on page 4, Section 4c Signs on Public Property also be included in the section on political signs. Councilwoman Johnson wanted to see a specific penalty stated in the section on political signs and to include in Section 6h of the draft ordinance that projected signs shall not be permitted. Mayor Scoma recessed the meeting at 5:36 p.m. The meeting was called back to order at 5:50 p.m with the same members present as recorded. Mr. Steve Norwood reviewed the proposed changes to the Landscape Ordinance. Specific issues discussed and consensus by the Council included: 1) Parking Lot Screening — For safety purposes, it was felt that a maximum height should be considered. The consensus was for parking lot screening to be a minimum height of 30 inches and a maximum height of 42 inches City Council Minutes February 22, 1999 Page 4 ITEM DISCUSSION ASSIGNMENT 2) Buffer yard screening - There was extensive discussion on the use of masonry walls, berms and living walls. It was felt that the screening between non-residential and residential should be some type of buffer of a permanent nature other than a living wall In situations where a street is between residential and commercial property, berms with landscaping would be appropriate Non-residential property abutting residential property should have a masonry wall. 3) Delete the provision to allow landscaping in lieu of parking. ADJOURNMENT Mayor Scoma adjourned the meeting at 6:40 p.m. to TO EXECUTIVE Executive Session to discuss Personnel Matters as SESSION authorized by Government Code Section 551.074. Charles Scoma— Mayor ATTEST: Patricia Hutson — City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 920 — FEBRUARY 22, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order February 22, 1999 at 7:00 p.m. ROLL CALL Present. Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Staff: Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Greg Dickens City Engineer Rex McEntire Attorney 2. INVOCATION The invocation was given by a student from North Ridge Elementary School. 3. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by "High on Life" students from North Ridge Elementary School. Councilman Milano presented the North Ridge Elementary Students with a certificate for their participation in the Council meeting. City Council Minutes February 22,1999 Page 2 Ms Nancy Mull, Principal of North Ridge Elementary, spoke on the activities of the school 4. SPECIAL PRESENTATIONS Mayor Scoma recognized Ms Lisa Daugherty, Executive Secretary to the City Manager, for her graduation from the Texas Municipal Clerks Certification Program A.) RED CROSS PROCLAMATION Mayor Scoma presented a proclamation to Ms. Barbara Cutter, President of the Board of Directors for the American Red Cross, proclaiming March as "American Red Cross Month". Mayor Scoma recognized Mr. Ed Dryden, Building Official, for being nominated by the Fort Worth Builders Association for the "Spirit of Cooperation Award" Mayor Scoma recognized Mayor Pro Tern Phifer for being the recipient of the Partnership Award from the Fort Worth Builders Association. 5. REMOVAL OF ITEMS FROM THE CONSENT AGENDA None 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A) MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 8, 1999 B) MINUTES OF THE CITY COUNCIL MEETING FEBRUARY 8, 1999 C) PZ 98-24— CONSIDER EXTENDING THE MORATORIUM ON ELECTRONIC MESSAGE BOARDS — ORDINANCE NO. 2369 D) GN 99-13 —CHANGING MARCH COUNCIL MEETING DATES E) PU 99-05 —AWARD BID FOR REFINISHING WAVE POOL TO CLASSIC TILE & PLASTER IN THE AMOUNT OF $42,280 City Council Minutes February 22,1999 Page 3 F) PU 99-06 —AWARD BID FOR ANNUAL CONTRAT TO PROVIDE ELECTRONIC EQUIPMENT MAINTENANCE TO SPECIALTY UNDERWRITERS IN THE AMOUNT OF $20,205 — RESOLUTION NO. 99-11 G) PU 99-07 —AWARD OF BID FOR INSTALLATION OF HVAC SYSTEM FOR THE GREEN EXTREME AT NRH20 Mayor Pro Tern Phifer moved, seconded by Councilwoman Lyman, to approve the Consent Agenda. Motion carried 7-0. 7. PZ 98-42 PUBLIC HEARING TO CONSIDER AMENDING THE ACCESSORY BUILDING REQUIREMENTS IN THE ZONING ORDINANCE - ORDINANCE NO. 2367 APPROVED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak to come forward. Mr. Ed Dryden, Building Official, presented the Staffs report. There being no one wishing to speak, Mayor Scoma closed the Public Hearing. Councilwoman Johnson moved, seconded by Councilman Metts, to approve PZ 98-42, Ordinance No. 2367 with the recommendations of the Planning and Zoning Commission. Mayor Pro Tem Phifer asked for an amendment to the motion to change the maximum height for detached garages from the 24 feet recommended by the Planning and Zoning Commission to 15 feet. Councilwoman Johnson accepted the amendment. Councilman Metts seconded the amendment. Councilman Welch asked that the motion be amended to change the maximum height for carports from 15 feet to 12 feet and the maximum height for detached garages remain 24 feet as recommended by the Planning and Zoning Commission City Council Minutes February 22,1999 Page 4 Councilwoman Johnson declined the amendment Amended motion carried 6-1; Mayor Pro Tern Phifer, Councilwomen Johnson and Lyman, Councilmen Welch, Metts, and Milano voting for and Councilman Mitchell voting against. 8. PS 98-61 CONSIDER REQUEST OF GLENN JONES FOR A FINAL PLAT OF LOT 3, BLOCK A, RUFE SNOW VILLAGE ADDITION (LOCATED AT 6889 HIGHTOWER DRIVE) APPROVED Mr Ed Dryden, Building Official, presented Staff comments and the recommendation of the Planning and Zoning Commission. Mr David Hughes, Elliott & Hughes, Inc., Consulting Engineers, was present to address questions from the Council Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve PS 98- 61 as recommended by the Planning and Zoning Commission. Motion carried 7-0. 9. GN 99-14 AMENDMENT TO COUNCIL RULES OF PROCEDUE — RESOLUTION NO. 99-12 APPROVED Councilwoman Johnson explained the purpose of the proposed resolution Councilwoman Johnson moved, seconded by Mayor Pro Tem Phifer, to pass Resolution No. 99-12, entering into record the Council's desire to amend the Council Rules of Procedure. After discussion, motion carried 5-2; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman and Councilmen Metts and Milano voting for and Councilmen Welch and Mitchell voting against. 10. (A) CITIZENS PRESENTATION City Council Minutes February 22,1999 Page 5 Ms Vivian Moyers, 7933 Kendra Lane, addressed the Council about the condition of Rufe Snow between Highlawn Terrace and Bursey Road. Mr Robert O'Reilly, 9001 Trails Edge Drive, spoke on the televising of the Pre-Council Meetings and political signs and their placement in rights-of-ways. (B) INFORMATION AND REPORTS UPDATE ON STREET PROJECTS Mr Mike Curtis, Assistant Public Works Director, reported on the status of street projects under construction, projects under design, and streets scheduled for the 1999 Overlay program Mayor Scoma adjourned the meeting at 8:15 p m. Charles Scoma - Mayor ATTEST Patricia Hutson - City Secretary MINUTES OF THE CITY COUNCIL WORK SESSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 620 — FEBRUARY 25, 1999 — 6:00 P.M. 1. CALL TO ORDER Mayor Scoma called the work session to order February 25, 1999 at 6:07 p.m. ROLL CALL Present. Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Council Member Frank Metts, Jr. Council Member JoAnn Johnson Council Member Matt Milano Council Member Cheryl Cowen Lyman Council Member Staff: Larry Cunningham City Manager Patricia Hutson City Secretary Rex McEntire City Attorney Absent: Russell Mitchell Council Member Mayor Pro Tem Phifer advised he would like to make a motion dealing with the procedure of the meeting. Mayor Pro Tem Phifer stated that in view of the confusion concerning the failure of five members of the Council to receive the evaluations prior to the time they were turned over to the Mayor, he moved 1) that all written evaluations be disregarded; 2) that the evaluation documents be turned over to the City Secretary for disposal; and 3) that we do an oral interview evaluation on the City Manager, City Attorney, City Secretary, and Municipal Court Clerk tonight. Councilwoman Lyman seconded the motion. The Council discussed the procedure for conducting the evaluations and the request made by five of the Council Members for copies of all of the evaluations turned in by the Council Members prior to their being given to the Mayor for compilation. (COUNCILMAN MITCHELL ARRIVED AT 6 17 P.M.) Motion carried 5-1, Mayor Pro Tern Phifer, Council Members Metts, Johnson, Milano and Lyman voting for, Council Member Welch voting against and Council Member Mitchell abstaining. City Council Work Session Minutes February 25, 1999 Page 2 2. *EXECUTIVE SESSION PERSONNEL MATTERS: COUNCIL APPOINTED POSITIONS Mayor Scoma announced at 6:27 p.m. that the Council would adjourn to Executive Session for Personnel Matters as authorized by Government Code Section 551.074 for the purpose of evaluating the City Secretary, the Municipal Court Clerk, the City Attorney and the City Manager. 3. ADJOURNMENT Mayor Scoma adjourned the work session at 8:57 p.m. Charles Scoma - Mayor ATTEST Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 03/15/99 Subject Approval of Amendment to Professional Services Agenda Number GN 99-23 Contract - Resolution No 99-18 • This Resolution amends the professional services contract with the City Manager as discussed in the February 25 meeting. Recommendation: To pass Resolution No. 99-18. Finance Review Source of Funds Account Number Bonds (GO/Rev) Sufficient Funds Available Operating Budget Other Finance Director BSI CLt4t 2 Depadment Head Signature ,•it P anager Sign Pane 1 of CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 3/15/99 Subject Repeal Ordinance No. 1759 and Remove the Agenda Number GN 99-15 No Parking Zone on Bursey Road - Ordinance No. 2371 Council approved Ordinance No 1759 (GN 91-109) on August 26, 1991, which established a No Parking" zone on Bursey Road from Ember Oaks Drive west to the dead end of Bursey Road. This was done at the request of the Ember Oaks Homeowners Association, who were concerned about people parking and leaving their vehicles unattended to visit a nearby stock tank for fishing. The residents are now requesting the No Parking signs be removed Staff has received a petition from the two property owners at the north and south border of Bursey Road signifying their approval for the signs to be removed. Staff has also discovered that the Ember Oaks Homeowners Association is no longer in existence. The anticipated problem has not developed and staff concurs with the request to remove these signs. At the time Bursey Road is extended westward from this location to Smithfield Road, the signs would logically be removed A map is attached detailing the exact location. Recommendation: To approve Ordinance No 2371, repealing Ordinance No. 1759 Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other FEnance Director / 41101k I , 04) ti � /- I _ .a-J' 1i � ' 40 Depaillipd Signature City Ma ager Signature w Page 1 of ORDINANCE NO. 2371 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS REPEALING ORDINANCE NO. 1759; REMOVING THE NO PARKING ZONE ON BURSEY ROAD FROM EMBER OAKS DRIVE WEST TO THE DEAD END OF BURSEY ROAD BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. Ordinance No 1759, creating a No Parking Zone on a portion of Bursey Road, be, and is hereby repealed. PASSED AND APPROVED this the 15`" day of March, 1999. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: Rex McEntire, Attorney for the City APPROVED A`O CONTENT: / _. .4 /. . 41a i / aws.il11 Gregory / Ilicrs, Public Wor s Director II SITE LOCATION \.-; "' Y. Ali 'RTM �3� (2Y N / sl�Ig '��- I 'URSmEY R� �i - S lir 11 -- Ember Oaks I �i �' al 4 ! 1IMFIII ! a x NRH r crab i z 11 [ey llD e R ;DR.- iajhht4gP 400 � 'I: a L- ^ ' - " o, TIES BL ., 1 Wree � ti6 a e C 5 A■IIIII.E . - . ` `/ IIINE IN me P : Wain liso =am ,., Ann�m••_ I -_sue i • • _ �� V / �: >2 hire. GLEN VIEW DR. 3 - ` ^ " J� i 7p,:e Z .'Z I CITY OF NORTH RICHLAND HILLS From Greg Pyle December 29, 1998 7849 Ember Oaks Dr. N Richland Hills,TX 76180 To Jimmy Cates Public Works Dept 7200 A Dick Fisher Dr N Richland Hills,TX 76180 Dear Mr Cates, We the residents of N Richland Hills,on the corner of Ember Oaks Dr and Burscy Rd would like to appeal the city ordinance for the No Parking Signs"on Burses Rd from Ember Oaks Dr west to the dead end We request the removal of these signs as soon as possible The signatures below represent the residents on the north and south border of Bursey Rd signifying their approval for the signs to be removed. Thanks for your time and consideration with this natter • i Name (56 -i'`' G 0-/JL.0 Date ( r r Address [/ C 3 / j71 L -t `nC.�ff Name C4-41�/ Date / / fl Address 7)ti 3 ?flat? c/reS Sincerely, CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 3/15/99 Subject Appointing Alternate Presiding Judge for May 1, 1999 Agenda Number GN 99-16 Joint City Council/BISD Election — Resolution No 99-17 In February when the Council ordered the May 1 Election, Ms. Evelyne Miller was appointed as the Alternate Presiding Judge for the election day voting location at the Bursey Road Senior Center Ms. Miller has notified the City Secretary that she is unable to serve as the Alternate Presiding Judge Ms Cherie Redenbaugh is eligible for the position and is being recommended by the City Secretary for appointment Recommendation: To approve Resolution No. 99-17 appointing Ms. Cherie Redenbaugh as the Alternate Presiding Judge/Clerk for Precinct 3 for the Joint City/BISD Election. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avanaoie Operating Budget Other Finance Director t,LC 2L7.z f/C C'(.X YL✓ A S Department Head Signature City Mana•- Signature RESOLUTION NO 99-17 WHEREAS, by Resolution 99-08, Evelyne Miller was appointed Alternate Presiding Judge of Precinct 3 for the City and Birdville Independent School District election of May 1, 1999 WHEREAS, Evelyne Miller cannot accept the appointment, and WHEREAS, the City Secretary has recommended Cherie Redenbaugh as an eligible replacement for said position NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. Cherie Redenbaugh be, and is hereby appointed as Precinct 3 Alternate Presiding Judge/Clerk for the City— School Board election of May 1, 1999. PASSED AND APPROVED this 15th day of March, 1999 APPROVED: Charles Scoma, Mayor ATTEST. Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney CITY OF NORTH RICHLAND HILLS Department Legal Council Meeting Date 3/15/99 Subject Vacate Dedication of Easement— Ordinance No 2372 Agenda Number. GN 99-17 A ten foot electrical easement exists across Lot 2R, Block 1, Smithfield Addition. It was platted in 1980 and has never been used. The property is selling and the easement runs through the middle of the lot and through a portion of the building on the lot The property is located in the 6600 block of Davis Boulevard The Public Works Department has received a letter from TU Electric, which recites that it has no objections to this action Ordinance No 2372 vacates the dedication of the electrical easement Recommendation To pass Ordinance No 2372. Finance Review Source of Funds Acct Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other ..,m C ' v� o..a / > Depa ent Head Signature C'•anager CITY COUNCIL ACTION ITEM Page 1 of ORDINANCE NO 2372 WHEREAS, by plat approved by the City Council which was recorded on May 23,1980 in Volume 88-135, Page 9, Plat Records of Tarrant County, Texas there exists a ten foot electrical easement from east to west across the middle of Lot 2R, Block 1, Smithfield Addition; and WHEREAS, such electrical easement is not in use and the electric utility company has no plans to use same, and WHEREAS, the electric utility company does not oppose this action in vacating the dedication of such easement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The dedication of the ten foot electrical easement across Lot 2R, Block 1, Smithfield Addition to the City of North Richland Hills, Tarrant County, Texas be, and is hereby, vacated in favor of the owner of said Lot 2R. PASSED AND APPROVED this 15th day of March, 1999 APPROVED: Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APP•OVEDASTOCONT NT Grego Dickens, Director of Public Works - I P FOUND r -��.D -- _ , 054" E 100 __ __ 5 2, w : 20. i i e m ml 1 . LOT 2- R 3� �10 1,1 ELECTRICAL EASEMENT 0 y 1 i M k _ 0, m G P m 'V Oi i' FNS 1 SQ,k 1 P FOUND cl 1 m Cr.) ' ,O N.) ' `n:1 V Q o 1 JS 0 •-• ' �� o 0 F F, z , z by l`'K� 5 1 , 1 '. I P O B. — . 1 P SET MAIN STREET FEB-26-99 FRI 02.53 Ptl TO ELECTRIC FU EEG ENG FAX NO. 9:7 215 6316 F 02 °mm TUElectric 6 Lone Star Gas ♦ . . . . U . 111 , t . • Comp3 Ales February 26, 1999 Steve Thompson DFW Business Consultants 1851 Central Drive, Suite 212 Bedford,Texas 76021 Re: Lot 2, Block 1 Smithfield Addition, North Richland Hills, Tarrant County, Texas Dear Mr.Thompson: In regard to the above referenced property, the utility easement shown on your survey contains no facilities belonging to Texas Utilities. The easement in question was platted on this tract and Is shown of record in Volume 388-135, Page 9, Plat Records of Tarrant County, Texas. TU is not opposed to the vacation of this easement however,the vacation process must be initiated by the City of North Richland Hills. if you have any further questions, please feel free to contact me at (817)215- 6234. Sincerely, H2O. 'Butch° Bruton Property Representative, Senior 1 i i • . 1 . .- . - TAAA S;114IFS • . - t 1 iTh - )14 i•ri 4I i' ... - 1 r 0 Z Iti • C IZ _ . 1‘-ri : - I - u.vi crony .. rum- Alm tr .. .. el ALM. _i■-- - 6 et 0 I 6c CC • ro WIT fan.- I 0 I "COI. . .....1 HI 1, • 1,1 . I., .., •%14-° 0 ... 0 .t. : ■ : :1 ".11 . • ... , . ., .:. i 2. CO le .' '. ' .. •C . •i‘lt .. 0 ■ : .• ./.11 ,.."-1 .•••• . . 4 sta. :l'i-L.'....LT.-1 ....I ,f7 / ) / V•‘;) _... si:$$ e• 3 ,..% ...11 . ,.. 0, /41../■e,."‘Ifro.0 fr ;at v'.,I:C14%5 2.) SO "z / ttl 7 -- . _ 0 IS ti . - - - - CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date 3/15/99 Subject Award Bid for Roof Maintenance & Repair to Paragon Agenda Number PU 99-08 Roofing in the Amount of$59,992 In the 1998/99 approved budget, Council appropriated funds for the maintenance or replacement of roofs on several City buildings Formal bids were solicited and the results are outlined below Paragon Roofing $ 59,992 Empire Roofing $ 70,315 Texas Roof Management $ 79,474 American Consolidated $103,830 Max Eubank Roofing $122,000 This project includes replacement of the roof at Fire Station #1 and maintenance work at City Hall, Library/Recreation Complex, Fire Station #2 and #4, Fire Admin, Service Center, Environmental Services, Records Storage Building, Animal Control, and Bursey and Dan Echols Senior Centers. Fire Station #1 is a residential style building with a composition shingle roof As an alternate Staff had the Contractor submit a bid for a raised seam roof The average cost for the raised seam roof was five times more than the cost of a composition roof. The life expectancy of the raised seam roof is 1 %: times of the life expectancy of the composition roof. Staff did not feel the additional cost of the raised seam roof was justified over the cost of the composition roof. Paragon Roofing met all the specifications and general conditions of the bid and can complete the project within five weeks. The company comes highly recommended by the references that were contacted Recommendation: To award the bid for roof maintenance and replacement to Paragon Roofing in the amount of $59,992 Finance Review Source of Funds Account Number 310-0000-603 79-00 Bonds (GO/Rev ) Sufficient Funds Avauaom Operating Budget X 423w-- Other LU-7 Finance Director / . 1 Gnu X�W Er 11 —� Department Head Signature City Manager Signature Pane I of , CITY OF NORTH RICHLAND HILLS Department Finance / Parks & Recreation Council Meeting Date' 3/15/99 Subject' Award Annual Contract to Print Time of Your Life Brochure Agenda Number PU 99-09 To Dallas Offset, Inc. — Resolution No. 99-21 In the 1998/99 approved budget, Council appropriated funds for the printing of the Time of Your Life brochure that will be distributed by the Parks and Recreation Department. This brochure is printed three times a year and contains information and schedules for activities and classes held at the Recreation Center and the Parks. The brochure is mailed to all residences located within the City and placed in various locations at City Hall, the Library and Recreation Center. Formal bids were solicited for an annual contract to print the brochure The amount for printing each issue will vary depending on the information to be included, so vendors were requested to submit a quote using the latest issue of the brochure as a sample. The amounts listed below are for printing one issue of the brochure. F J Business Forms $5,579 Dallas Offset $5,725 Team Graphix $8,325 Wendy Gonzales $9,137 FJ Business Forms was awarded the contract last year and Staff encountered several problems including late deliveries, poor clarity of pictures and covers and colors were not consistent throughout the brochure resulting in a product that did not have a very professional appearance. Dallas Offset met all the specifications and general conditions of the bid. They have been awarded the contract in the past and have supplied quality work and within the required time frame. Recommendation To award the annual contract to print the Time of Your Life brochure to Dallas Offset and pass Resolution No. 99-21 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Account Number 001-7503-541 54-05 Bonds (GO/Rev ) Sufficient Funds Avauaoie Operating Budget X /�.?(+� Other r J `({,j / Finance Director Department Head Sig .tur- City anager Signature Page 1 of RESOLUTION NO. 99-21 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with DALLAS OFFSET for the annual contract to print the "Time of Your Life " brochure, as the act and deed of the City. PASSED AND APPROVED this 15th day of March 1999. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City APPROVED AS AS TO CONTENT: Larry Koonce, Director of Finance CITY OF NORTH RICHLAND HILLS Department Finance / Fire Department Council Meeting Date 3/15/99 Subject: Authorize Purchase of Defibrillator/Monitors from Physio Agenda Number PU 9940 Control in the Amount of$31,861 In the CIF' budget Council appropriated funds for the purchase of miscellaneous equipment to equip the new ambulances. Part of the required equipment is a defibrillator/monitor for each ambulance. This equipment is used to deliver an electric shock to the heart in the event of a severe heart attack and serves as an external pace maker. Currently all defibrillator/monitors in the ambulances, fire trucks, the Recreation Center and at NRH2O are manufactured by Physio Control The new equipment needs to be manufactured by Physio Control to be completely compatible with the existing equipment. The Physio Control defibrillators are portable, durable and Fire Fighters and Staff are all trained on this brand of equipment Recommendation. To authorize the purchase of two defibrillator/monitors from Physio Control in the amount of $31,861. Finance Review Source of Funds Account Number 310-0000-601 79-00 Bonds (GO/Rev.) Sufficient Funds Avanaoie Operating Budget '"�"'w- Other &147 Finance Dnector Department Hp;d Signe e City Manager Signature Pan° 1 of CITY OF NORTH RICHLAND HILLS Department Finance/ Support Services Council Meeting Date 3/15/99 Subject' Award Bid for HVAC Replacement to Airwise Heating Agenda Number PU 99-11 And Air in the Amount of$15,950 In the 1998/99 approved budget, Council appropriated funds for HVAC replacement at several City facilities. Formal bids were solicited for the replacement of units at the Police Department, Library and the Records Storage Building and the results are outlined below. Airwise Heating and Air $15,950 Walkers Mechanical, Inc. $18,350 Staff mailed notice of the project to twelve HVAC contractors and only four contractors picked up the bid package. Two contractors responded they did not have time to bid on the project or the project was too small. Airwise Heating and Air met all the specifications and general conditions and can complete the project within five days from start of installation. Airwise Heating has performed HVAC work for the City in the past with satisfactory results. Recommendation. To award the bid for HVAC installation to Airwise Heating and Air in the amount of$15,950. Finance Review Source of Funds Account Number 305-0000-603.79-002 Bonds (GO/Rev.) Sufficient Funds Avananfe Operahn. Budget X l^^1 I Other Cv-r+'l-c-L� Finance Director / / Department Head Signature City Ma ager Signature Pane 1 of CITY OF NORTH RICHLAND HILLS Department Information Services Council Meeting Date 3/15/99 Subject Major Computer Systems Hardware Maintenance Agenda Number PU 99-13 Resolution No 99-19 The City recently advertised for budgeted computer hardware maintenance for major IBM computer systems assigned to the Information Services department using Requests For Proposal (RFP) # 99-847 The computer equipment and connected peripherals to be covered under the annual maintenance agreement is as follows: 1. IBM AS/400 Model E-45 City Hall — I.S. 2. IBM AS/400 Model E-35 Police Department 3. IBM System 36 Library 4 IBM RS/6000 City Hall — I.S. Bids and corresponding pricing was received from the following vendors: Federal Computer Services (FCS) $17, 417 04 Phoenix Service, CSI $23,072.00 Maintain Systems, Inc. $23, 316.56 Information Services is pleased to recommend FCS for the computer hardware maintenance for the systems indicated. Results from the reference checks regarding the company and the technician to be assigned were exemplary and FCS was the low bidder. Additionally, FCS is a subsidiary of Hitachi Data Systems, co-owned by Hitachi and EDS of Plano It should also be noted that any of these systems can be taken off of maintenance with a written 30-day notice. These systems will be taken off of maintenance when they are replaced by the new system. Recommendation: To approve Resolution No. 99-19 authorizing the City Manager to enter into an annual agreement with FCS for computer hardware maintenance for the items indicated above in an amount not to exceed $17,417 04. Finance Review Source of Funds Account Number 520-7011-731.43-60 Bonds(GO/Rev ) — Suffix nt Funds Available Operating Budget X /c—,u� Other Finance Nectar ik 4110 Dep.rtment He•• Signet >- ' City Manager:nature Pace 1 of _1_ RESOLUTION NO 99-19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager, be, and is hereby, authorized to execute the attached contract with Federal Computer Services (FCS) for Major Computer Systems Hardware Maintenance at a cost of$17,417.04. PASSED AND APPROVED this 15'" day of March, 1999 APPROVED. Charles Scoma-Mayor ATTEST. Patricia Hutson — City Secretary APPROVED AS TO FORM AND LEGALITY. Rex McEntire —Attorney for the City CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 03/15/99 Subject Consider Request of Trademark Retail, Inc , for a Agenda Number. PS99-02 Final Plat of Lot 1, Block 1, Northeast Crossing Addition (Located at 6091 Precinct Line Road) Trademark Retail, Inc. is the owner of this 8.5-acre tract of land that is proposed to develop as Kohl's. The property is zoned C2 Commercial. The Planning & Zoning Commission considered this request at its February 25, 1999 meeting and recommended unanimous approval, subject to engineer's comments. The issues associated with this final plat are as follows- 1. Utility Easements: The applicant is proposing to only abandon the existing 15 foot sanitary sewer easement along Precinct Line Road within the proposed platted lot The applicant has agreed to dedicate the required sanitary sewer and water line easements 2. Drainage Easements: The applicant has agreed to provide all necessary drainage easements 3. Off Site Easements: The applicant has agreed to provide all the required off-site drainage, utility and access easements. 4. Driveway Spacing: The site has three proposed drives on Precinct Line Road The driveways have been designed per Public Works comments. The minimum separation between driveway approaches on Precinct Line Road is 500 feet The northern approach allows only truck traffic. The main entrance is the center approach. The southern approach is a right-in, right-out only. RECOMMENDATION: To approve PS 99-02 subject to engineers comments. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avavasie Operating Budget Ot er /� /' Finance Director Depart a ead S lcture City Mana•er Signature Agenda Item : PS 99 -02 2216 � —1 R -1 h a' v A G R 1 �PKA .✓' _ e / - ,SOa rya uilo`un[r'e� soot I i i 2180 ; 2161 " E1 n' -E- 22 2 2 3 +.m LLL w I j l I no i nb 218 �0 218 0 i, 4; 1 --- _1 Go OP �� e�R� / - -----1---- -------7- PER ‘,1% I HPRSrR ICI 16319 /`I • ryb / Y. ; / sc- 4'�\ � w I, 4. PS 99-02 REQUEST OF TRADEMARK RETAIL, INC FOR A FINAL PLAT TO BE KNOWN AS LOT 1, BLOCK 1, NORTHEAST CROSSING ADDITION. (LOCATED AT THE NORTHWEST CORNER OF PRECINCT LINE ROAD AND GRAPEVINE HIGHWAY) APPROVED Chairman Davis stated the Commissioners had a staff report before them, stating that all engineering comments had been met. Mr Nehring, seconded by Mr. Blue, moved to approve PS 99-02 subject to engineer's comments. The motion carried unanimously. 5. PS 99-, REQUEST OF JO COPE FOR A PR IMINARY PLAT TO BE KNOWN AS LOT 1, BLOCK 1, .PE ADITION. •CATED AT 6724 MEADOW ROAD) AP"OVED Chairman Davis stated tha e sta' eport before them states that all engineering comments have -e' et except for asking for a waiver of the masonry screening wall, a fire 'rant to cover the rear portion of the property, and requesting to execute co is for street improvements, sidewalks and streetlights. Mr. Norwood stated that Hold Harml: s Agreement should be executed if the fire hydrant is waived. Mr Barfield, secone d by Mr Bowen, move, o approve PS 99-04 provided a covenant is exec d for the street improvem- s, sidewalks & streetlights, waive the scree, g wall requirement, and waiv: e fire hydrant provided a Hold Harmless Agr: ent is executed The motion ca 'ed unanimously. Page2 2111/99 P&Z Minutes >F _ mom__ _ $ ' - = 2 = 1 . _ _ a C. - -1 2-' n i i !!.:054 ! n_ _ _ __°_g ^a . h 1. 'mom, II II— _ . _ -_ �.� _ .�^� m /� L t 4f ( T L _PQ lO -r.,2, ^ iI _ ? Si —� 'a 4�_ � &i I T e r _ - -- _O_- - S R a- o =M1N—- -c /Ao\ - ^ i • --9-291.29 I RII1 Rc A , TrE -- , ,--- Is.1 o - 0— --°- - .4 lc:I -a -?- . R„- o . I ,m_ La o _oo a 0. 111 __ ;h. I vim- I RECD FEB 121999 CITY OF N O RTH RICHLAND HILLS Public Works February 12, 1999 MEMO TO Planning and Zoning Commission FROM Julia W Skare, RE Staff Engineer SUBJECT PS99-02, NORTHEAST CROSSING ADDITION, Block 1, Lot 1, Final Plat We have reviewed the subject plat documents submitted to this office on February 8, 1999 The following items are for your consideration 1 FLOODPLAIN A portion of this property is currently located in the Zone A based on the August, 1995 FIRM Public Works memo (pwrn99023) from Kevin Miller, Assistant Public Works Director to Greg Dickens, Public Works Director outlines criteria, which needs to be met to obtain a building permit and stay within the FEMA guidelines These items must be completed prior to filing the Plat The applicant has indicated they are in the process of obtaining a Development Permit and meeting these requirements. 2 DRAINAGE ANALYSIS The difference between the 100-year frequency storm and the underground capacity needs to be accounted for A separate letter to the Engineers will specifically address this issue when the plan review is completed Additional information for runoff and hydraulic calculations has been provided. 3 UTILITY EASEMENTS The plans indicate the existing sanitary sewer easement does not contain the existing sanitary sewer main. The portion sanitary sewer easement not containing the sanitary sewer main will be vacated by plat. The metes and bounds description and exhibits for the easements were previously requested. The owner has indicated that all necessary off-site and separate easements will dedicated The easements will need to be submitted and reviewed prior to the plat being placed on the City Council agenda for consideration The easements will need to be filed prior to filing the plat 4 DRAINAGE EASEMENTS All existing and proposed public storm drain improvements are to be contained in drainage easements and shown on the plat P 0 Box 820609•North Richland Hills, Texas •76182-0609 7301 Northeast Loop 820 • 817-581-5521 • FAX 817-656-7538 PS99-02, Northeast Crossing Ade,,,on, Block 1, Lot 1, Final Plat February 12, 1999 Page 2 of 3 5. OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. 6 ROW DEDICATION Precinct Line Road is designated as a P6D on the Master Thoroughfare Plan. This designation requires a 110-foot ultimate right-of-way. The ultimate right-of-way requirement is minimum of 55 feet west of the existing centerline. The ROW varies along the length of the property. The volume and page of the deed documents needs to be included on the plat An agreement to provide this information has been received. 7 DRIVEWAY SPACING The plans submitted indicate the location of the driveway approaches as discussed with Public Works and the P & Z Commission during the Preliminary Plat review The minimum spacing requirement for approaches on a Major Collector is 500 feet The approach to the north is for truck traffic. An island has been shown to impede car traffic from directly accessing the front of the building 8 TXDOT PERMIT The Plat is bordered by Precinct Line Road (FM 3029), a State Highway A TxDOT Access Permit will be required for each approach. The TxDOT permit application (5 sets) must be submitted to Public Works for approval prior to submitting to TxDOT and after plan approval. The water line connection appears to be located in the State ROW. A utility permit application (3 sets) will be required The applications are to be submitted to Public Works for review after plan approval and prior to submitting to TxDOT A TxDOT utility permit will be required for relocation of the 10-foot curb inlet Submit application and plans as noted above The applicant has agreed to obtain these permits 9 SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat 10 SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. The sidewalks are shown along Precinct Line Road TxDOT requires the sidewalk to be located 4'-0 off of the ROW line The sidewalks have been dimensioned from the back of curb to meet the 4'-0 requirement as a minimum. This is due to the varying ROW previously obtained by the State P899-02, Northeast Crossing Ado on, Block 1, Lot 1, Final Rat February 12, 1999 Page 3 of 3 11 STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The Engineers indicated there are no existing streetlights. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric The developer will pay the cost for installation of any additional streetlights directly to TU Electric The plans submitted show on site lighting as opposed to street lighting 12. DETAILS The appropriate details for services will need to be included in the construction plans Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore required details be used in their entirety. 13 INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage A complete review of the plans will be made prior to the Planning and Zoning scheduled for February 25, 1999. These plans will be made available for the Engineer The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. LL J(( t� JWBmfs/pwm99031 / cc: Gregory W. Dickens, P E., Public Works Director Kevin B Miller, P E., Assistant Public Works Director • Cttengaradtta - • _ ..: A _ QCE cNT -.U." R- Y' '=0'E ?S' _..C--E N-gkCEIVED FEB 1 6 mgg rip February 15, 1999 FREESE-NICHOLS Julia W. Skare, P.E. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76182 Re: PS99-02; Northeast Crossing Addition,Block 1, Lot 1 TDN198469 Dear Julia: Following is our response to your comments dated February 12 concerning the Northeast Crossing Shopping Center Final Plat for Lot I: 1. The plans and specifications have been submitted for a Development Permit. The Owner is preparing the letter requested by Public Works memo pwm99023. The letter will be completed and to the City prior to filing of the plat. We will respond to the comments regarding the difference between the l00-year f equencystorm and the underground capacity upon receipt of the comments. 3 The plat shows the existing sanitarysewer easement to be vacated since It does not contain the sanitary sewer main. The metes and bounds descnptions and exhibits for the easements have been submitted to the City for review and comment. 4. All existing and proposed public storm drain improvements will be contained in drainage easements as shown on the plat. 5. The off-site easements have been prepared and submitted to the City for review. The easement documents were prepared by Graham & Associates. 6. The existing ROW ofPrecinct Line Road exceeds the 55-foot requirement as shown on the plans and plat. A title company has been engaged to research the deed documents in order to show the necessary information on the plat. 7. The driveways have been designed per Public Works comments regarding truck traffic only on the north approach and a right-in, right-out on the southern approach. 8. TxDOT permits will be obtained after plan approval. Freese and Nichols, Inc • Engineers • Environmental Scientists • Architects 1341 W. Mockingbird Lane • Suite 230E • Dallas. Texas • 75247 214-920-2500 • Fax 214-920-2565 Julia W. Skare. RE February 15, 1999 Page 2 9. The appropriate signatures and seal will be provided on the final mylar. 10. Sidewalks will he provided per Public Works and TxDOT requirements. IL The site utility plan shows the proposed location for a new street light. We will co ordinate with Public Works and TU Electric concerning the exact location and requirements for the light. 12 The details needed for the project have been included with the construction plans. 13. Inspection fees will be paid prior to starting construction. We will respond to any additional comments you might have upon receipt. Included in this transnuttal are 16 copies of the final plat as requested by Planning and Inspection. Please forward those copies to the appropriate person. Call me or Enc at (214)920-2500 if you have any further questions or comments. Sincerely, FREESE AND NICHOLS, INC. /l// Tncia H. Harley, P.E. 4 Dallas Civil Discipline Leader Enclosures T I2cnmmenu wpd a ..,m.vam ncnwc 'pat'N_ mtpeco application for Subdivision Plat Approval wvn prim alai-x:., go I 7� Y 31i bl 5515 ; V Application Type. Preimmery Plat XX Fnal Plat Poplar -orm — menCed Peal Properly Owner lntomullon: — Name of Property Owner Trademark Retail, Inc. r-^ry me Na 817. 810 . 1122 E:: ::: ,cf 301 Commerce St, Ste 3060 Foit Worth c es - Northeast Crossing Boa-Ides in Plst 8. 627 Lot 1 , Block 1 `lo of LO to Agent Information: is n P'ar. 1 '.Vote: An afidavlt signed by the prccer'.y a weer rs required wizen the agevt is nor IN pm perry owner" ,Name el AL/homey AgenC Phone Ha. ACCres: -- '— Cv Slate Surveyor/Engineer Information: Name cf Fun: Freese and B icho'_s_, Inc. Phone No X14 / 920-250' APPress: 1341 W. Mockf.ncb_rd Lane, Suite 230-E Cey Dallas Slate TX Ed 75247 Camar,Perscn. Tr._cia H. Batley, Pr Plat Fee G/arlatlan: AYPrM,,M.ry Pit Al Recant.Shanfom,Flo-.JM.-rvl Pats 1 .bCY]pyl En: AI/Amgryye rya SIArA a aPome+(iil Fn S I=CO a. Accahrawn Fie ;tine) ft HS 1St,aWeONib 0 fl A4 30101e4nnalbd If ieropm olme�r lace a �>w+nparrMq ea :ia:.11• Or SS 0Cwr.:nmstolaca. $45. 00 ,'sal fee �a_e Thou En: __ a 165x1 b,e.m near ndraeey, d. (-aa'NVU1fins 4r 'Sa OG' •breemnornMamaywams�u. roulFr' $223 . 00 bwammafm pa- Q Tune Waver Request:(optional) Te+ccov m inn Mgr 2°,7 m fm Frelmarnod SM.vacs,crrIne non tuwfll len and rant a Arm revunnman!, ay,u,Sol,y ant any Pall am,wap,esam,AI Beams/tack pow /a.aA,e aoo,e.can reef"suing>h suee'mo,cut m tie c.rry o(Nman aeon rota:mcnao.nmd. oan. woneTmnouaoee Tony J. Chron &JIM:re Vire Prp Sisinnt - Subdlvlelon Pht Application i PO ' s £S L9c9 LC9 u01- :P-s Zd-?MC I+L]r.l ] . yip CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 03/15/99 Subject Public Hearing to Consider Proposed Sign Regulations Agenda Number GN 99-18 and Consider Approval of Sign Regulations - Ordinance No 2374 The proposed Sign Ordinance is a result of the information provided to the Council at the February 22, 1999 work session and feedback received from the Council at that time. The major changes identified by the Council have been incorporated into the Ordinance as well as "housekeeping" changes recommended after further staff review. The proposed Ordinance also implements Phase One recommendations, which deal primarily with new construction in all areas of the City. These standards should encourage sound signing practices for business identification and public access, while providing aesthetically pleasing surroundings in the business areas. These standards should also minimize hazards to motorists and pedestrians brought about by distracting and inappropriate sign displays and ensure that commercial signing is used primarily as identification and not as advertising The major issues identified at the February 22, 1999 work session are highlighted below. Pole Slone Pole signs will be permitted based on a minimum square footage of the building constructed on the site Lots with buildings less than 10,000 s.f. will not be permitted a pole sign. The maximum size permitted will be 100 s.f., 20 foot high with a setback from the property line and located in a landscaped area. Vehicle Signs Language was included to address the unregistered vehicles that have become "permanent" signs on parking lots and language that excludes painted trailers, such as Sealy and Bates, that are in industrial areas. No banners may be affixed to vehicles and no sign shall extend more than 12" above roof of vehicle. Finance Review Source of Funds Account Number Bonds (GO/Rev) _ Sufficient Funds Available Operating Budget Finance Director Other SitPdb • �G✓ Department Head ignature F'City Manage Sig .ture Page 1 of 3 CITY OF NORTH RICHLAND HILLS Sign Maintenance Language was included in the section requiring signs to be maintained in good repair to include painting of the signs Banners for Automobile Dealerships— Freeway Overlay Language was changed to allow until December 31 , 2003, or until the interchange construction is completed. Miscellaneous More traffic directional signs allowed in industrial zones; sight visibility regulations included. Violations and Penalty Clause Language was included to clarify the penalties and administrative process for abatement of signs deemed to be in violation of the Ordinance. The administrative process for abatement provided for in the Nuisance Ordinance has been incorporated into this Ordinance. These changes, in addition to those identified at the February 22 work session, are the major changes recommended for the Sign Ordinance. During the public hearing, staff will be presenting a brief summary of all of the recommendations. As previously stated, implementation of this Ordinance will require additional personnel for plan review processing and the on-site inspections to ensure compliance with the higher standards. At this time it is not known what the total impact will be but we will be prepared to discuss this with you during the budget retreat later this summer. We will be developing a plan to implement the changes as approved by the City Council. Summary and Conclusion In summary. the proposed ordinance for signs incorporates the following. • Council goals of increasing "quality development through build out of the City. • Comments and suggestions from numerous citizens and business groups as well as input from City Council. • Significant increases in sign standards. CITY COUNCIL ACTION ITEM Page 2 of 3 CITY OF NORTH RICHLAND HILLS • A balanced approach of considering needs and desires of protecting neighborhoods and providing reasonable and adequate requirements for commercial areas. • Sign variety, but encouragement and incentives for low profile signs. • Major retail center developments "bonus" identification sign consistent with the size of the development. • Town Center and Major Retail Malls are not negatively impacted by these regulations. After adequate review, the recommendations identified, as "Phase Two" will be presented at a future date for incorporation into this Ordinance. Some discussion has been to move these regulations back into the Zoning Ordinance. Council may want to consider leaving this ordinance out of the Zoning Regulations at least until the "Phase Two" recommendations are incorporated. This will allow for minor technical revisions to be made in a more expeditious manner as they are identified through actual plan reviews. Staff would like to present a visual overview of this proposed ordinance as well as the proposed landscaping ordinance at the beginning of the public hearing prior to receiving public comments. We believe that many questions from the public can be addressed through an overview of the ordinances. Recommendation That the City Council conduct a public hearing then approve the Sign Ordinance No. 2374 as proposed CITY COUNCIL ACTION ITEM Page 3 of 3 ORDINANCE NO. 2374 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING REGULATIONS FOR THE INSTALLATION OF ADVERTISING SIGNS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter, and WHEREAS, the City Council has determined that the regulation of advertising signs is necessary to adequately protect the public health, safety, and promote the general welfare; and WHEREAS,the City Council appointed a Land Use Ad Hoc Committee consisting of representatives from throughout the City and reflecting a broad range of backgrounds, and WHEREAS,the Land Use Ad Hoc Committee has held extensive work sessions based on City Council established goals to clarify issues and make specific recommendations; and WHEREAS, City Council has received comments from the Planning &Zoning Commission, the Parks& Recreation Board and the Beautification Commission; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: The following sign regulations shall be the minimum standards for development within the corporate limits of the City of North Richland Hills,Texas SIGN REGULATIONS 1. Purpose The Sign Regulations are established for the purpose of promoting the health, safety, morals and general welfare of the City of North Richland Hills by facilitating easy and pleasant communication between people and their environment These regulations contain standards intended to avoid visual clutter,which is potentially harmful to traffic, and pedestnan safety, property values, business opportunities, and community appearance. These regulations govern the use, size, location, construction and maintenance of signs It is the purpose of these regulations to protect property values within the City of North Richland Hills, to enhance the beauty of the City, and to protect the general public from damage and injury, which may be caused by the unregulated construction of signs Pursuant to these purposes, it is the intent of this Ordinance to authorize the use of signs, which are. A Compatible with their surroundings, B. Appropriate to the activity that displays them, C Expressive of the identity of individual activities and the community as a whole, D Legible in the circumstances in which they are seen 2. General Provisions Ordinance#2374 1 The following general provisions shall be applicable to all signs erected within the corporate limits of the City of North Richland Hills. Where a conflict may exist between a general provision and a specific regulation, the specific regulation shall have priority over the general provision A Compliance Required No person shall erect, alter, or add to a sign, or sign structure, unless said sign conforms to the provisions contained in this Ordinance. Compliance is required whether or not a permit is required. B. Sign Area The sign area permitted in these regulations shall apply to the maximum size of a single sign face. However,when the two faces of a sign are separated by an angle of twenty (20)degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C Construction Standards 1. The construction of all signs shall comply with the structural requirements of the North Richland Hills Building Code and the most recent edition of the Uniform Building Code, as adopted by the City of North Richland Hills. Any electrical installations shall comply with the North Richland Hills Electrical Code 2 All freestanding sign structures, excluding traffic directional signs, shall be constructed with, or covered with the masonry material to match the masonry portion of the principle building, or shall be constructed of brick or stone 3. No permanent wood signs shall be allowed 4. All sign structures shall be painted or anodized to blend with the architecture. Exposed metal surfaces that are subject to rust or corrosion are prohibited D Engineering Requirements Where required, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas E Interference with Safety Provisions No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway F. Minimum Street Frontage A minimum of fifty(50) feet of qualified street frontage shall be required to erect a Ground Sign G. Landscaping Required All ground signs, except traffic control and direction signs, shall be located in a landscaped setting which minimally consists of turf plant material, in all directions from the sign for a distance equal to a minimum of four and one half feet (4'6") from the base of the sign. Ground type Outdoor Menu Board Signs and Monument Signs shall be required to have landscaping on only 2 sides H. Master Multi-Tenant Sign Plan Required 1. Master Multi-Tenant Sign Plan For any multi-tenant development on which the owner proposes to erect one or more signs requinng a permit,the owner shall submit to the Building Official, a Master Multi- Tenant Sign Plan containing the following a. An accurate plot plan of the lot(s) at such scale as the Building Official may require, b. The location of buildings, parking lots, driveways, and landscaped areas on such lot; c Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot under this ordinance, d An accurate indication on the plan of the proposed location of each present and future sign of any type, whether requinng a permit or not, except that incidental window signs need not be shown; Ordinance#2374 2 e An accurate depiction of the sign structure and materials, specifying standards for consistency among all signs on the lot(s)affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, matenals, and sign proportions, and f. If the signage in the plan meets the full intent of the sign ordinance, then a 20% increase in the maximum sign area shall be allowed for each sign. 2. Multi-Lot Development A multi-lot development is one in which contains two or more contiguous and adjacent lots(disregarding intervening streets and alleys)that may or may not be under common ownership that contain more than one building (not including any accessory building). The owner(s)of such multi-lot development may file a Master Multi-Tenant Sign Plan. For the purpose of this paragraph, if the signage In the plan meets the full intent of the Sign Ordinance, then a 20% increase in the maximum sign area shall be allowed for each sign 3. Procedures A Master Multi-Tenant Sign Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development and shall be processed simultaneously. Where no official plan is required by the City,the Building Official may review the Master Multi-Tenant Sign Plan and approve it provided it meets the full intent and standards of this Ordinance, may approve it with conditions, or may deny the plan Appeal of the Building Official's decision shall be to the Sign Review Board A Master Multi-Tenant Sign Plan may be amended by filing a revised Master Multi-Tenant Sign Plan that conforms to all requirements of this Ordinance. If any new or amended Master Multi-Tenant Sign Plan is filed for a property on which existing signs are located, it shall include a schedule for bnnging into conformance, all signs not conforming to the requirements of the Ordinance in effect on the date of submission. I Encroachment A permanent sign shall not be constructed within or project over any property line, right-of- way line, public drainage easement, public or private utility easement without an encroachment letter which has been approved by the Public Works Department J Memorial and Historical Signs The Sign Review Commitee may authorize special permits, on such terms as deemed appropriate, for signs and markers denoting properties or buildings which may have histoncal or memorial significance to the community. K. Community Special Events The Sign Review Committee may authorize signs to advertise patriotic, special events or special projects of general public interest taking place within the boundaries of the City L Lighting Where provided for in these regulations, certain signs may be illuminated Illumination may be internal, internal-indirect, or indirect, as defined elsewhere in these regulations All electrical facilities shall require separate electrical permits and shall be installed in accordance with the North Richland Hills Electrical Code Lighting shall be installed so as to avoid any glare or reflection onto adjacent properly, or create a traffic hazard on a street. Illuminated signs situated within one hundred (100)feet of residentially zoned property shall be shielded to minimize glare M Freeway Overlay Zone There shall be a Freeway overlay Zone located within an area two hundred(200) feet from and parallel to the right of way of I.H Loop 820 and State Highway 121. A Pole or Electronic Message Board signor major Development sign within the Freeway Overlay Zone shall comply with the following additional regulations: 1 Maximum Pole and Electronic Message Boards Sign Height. A pole sign or Electronic Message Board sign located within the Freeway Overlay zone shall not exceed sixty-five(65) feet in height 2 Maximum Major Development Sign Height: A Major Development Sign located within the Freeway Overlay Zone shall not exceed sixty-five(65)feet in height Ortlinaice#2374 3 3. Maximum Pole and Electronic Message Board Sign Area The maximum size of a Pole Sign or Electronic Message Board sign located within the Freeway Overlay Zone shall be two(2) square feet of sign area for each linear foot of freeway frontage up to a maximum of four hundred(400)square feet 4 Any Pole Sign or Electronic Message Board Sign located on the property of a public school, private school, government entity or other non-profit organization that is used to provide public service information of a general nature to the community may have a commercial sponsorship message on the sign. The commercial sponsorship message is limited to 10%of the total sign area N. Visibility Triangles No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade. The placement of utility poles or traffic control devices shall be regulated the Public Works Director. 1. Street Intersections a. On corner lots where two residential streets intersect or where a residential street intersects with a C- 2-U Collector Street, or larger, the triangular area shall be formed by the greater of either (1) Extending the two curb lines from an imaginary point of intersection a distance of thirty feet and connecting these points with an imaginary line, thereby making a triangle, or (2) Extending the property lines, from their point of intersection, a distance of ten feet and connecting these points with an imaginary line, thereby making a triangle. b. On corner lots where two C-2-U Collector streets intersect, or where a C-2-U Collector street intersects with a C4-U Collector street, or larger,the tnangular area shall be formed by the greater of either (1) Extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or (2) Extending the properly lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. c On corner lots where two C4-U Collector streets, or larger, intersect, the triangular area shall be formed by the greater of either. (1) Extending the two curb lines from an imaginary point of intersection a distance of forty feet and connecting these points with an imaginary line, thereby making a tnangle, or (2) Extending the property lines, from their point of intersection, a distance of twenty feet and connecting these points with an imaginary line, thereby making a tnangle d. In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. 2. Driveway Visibility Triangles for Commercial Driveways No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen(15) feet and connecting these points with an imaginary line, thereby making a triangle Within this triangle, vision shall be clear at Ordinance#2374 4 elevations between thirty(30) inches and nine(9)feet above the average curb grade. Where a dnveway intersects with a one-way street, a visibility triangle is only required on the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise 3. Signs Exempt from Requiring a Permit The following signs shall be exempt from permitting but shall comply with any other regulation contained in this Ordinance A. A public notice or warning sign required by a federal, state, or local law, regulation, or ordinance, including historical signs and markers placed by a city, county, state or national historical preservation organization and official vehicle inspection station signs. B A sign located inside a building and which is not displayed so as to be visible from outside the building Signs located within a covered mall building shall comply with the North Richland Hills Building Code and the North Richland Hills Electrical Code. C. A sign located within a building. These generally include credit card decals, hours of operation signs, emergency contact information, etc. D Works of art, including barber poles attached to a building,that does not include a commercial message E. Holiday lights and decorations F. Traffic control signs on pnvate property, such as Stop, Yield, and similar traffic control signs. G. No Parking"or"Towing"signs authorized by City Ordinance H "No Dumping Allowed"signs posted to deter illegal dumping I Telephone and other underground utility warning signs, and other safety signs not exceeding one (1) square foot in area. J. Temporary Signs that are painted on glass surfaces of windows or doors and pertaining to the lawful business conducted therein K. A sign within or on railway property and placed or maintained in reference to the operation of such railway. L Secunty Warning, Neighborhood Watch or Crime Watch signs under two (2)square feet in area 4. Signs Prohibited Signs not specifically allowed by this Ordinance are prohibited, including' A. Roof Signs (See definition). B. Rotating and Flashing Signs Revolving, rotating, flashing, or blinking beams or beacons of light shall be prohibited as a part of a sign display or as a device to attract attention, except as required by a governmental agency. Flashing or blinking lights which are incorporated into an electronic message board may be allowed and are regulated elsewhere in these regulations. C Signs on Public Property Private signs shall be prohibited upon public property unless authorized by the City, other appropriate governmental authorities, or as provided by these regulations. D. Signs Attached to Utility Poles Signs attached to light poles, utility poles,traffic control poles and trees shall be prohibited. Ordinance#2374 5 E. Park Bench Signs Park bench signs shall be prohibited F. Search Lights and Balloons Searchlights and inflatable balloons shall be prohibited, except when approved as a Grand Opening Permit. G. Obnoxious Signs Exploiting Sex Prohibited 1. Visual Depiction of Sexual Areas of Human Form Prohibited No sign, including any temporary sign, which depicts the human form in such a manner that the areas of the buttocks, genitals, or the pubic area, or any portions of the female breasts below the top of the nipple, shall be maintained, erected, or placed upon or adjacent to any building where it is visible from a public street or from an adjacent building or premises. 2. Use of Words Connoting Erotic Entertainment Prohibited No sign, including any temporary sign, which advertises any"topless", "bottomless", "naked", or words of like import, shall be maintained, erected, or placed upon or adjacent to any building where it is visible from a public street or from an adjacent building or premises. The words"adult entertainment" or"adult shows" shall be permissible. 3. Display of Offensive Signs a Public Nuisance Any sign which is in violation of this subsection shall be declared a public nuisance. H Activities Specifically Prohibited The following types of signs or activities are specifically prohibited as advertising attractions whether in conjunction with or without a Grand Opening Signage permit within the corporate limits of the City of North Richland Hills: 1 Bungee Jumping 2. Animal rides 3 Street vendors or hawkers 4. Helicopter or airplane rides 5. Hot air balloon rides I, Off-premises Advertising Shall be prohibited, unless provisions for such signs are contained in these regulations. J. Other Signs Any other sign not specifically allowed by this Ordinance is prohibited 5. Definitions All definitions of words contained herein shall correspond with the most appropriate definitions appearing in the Webster's New Collegiate Dictionary, unless specifically defined in this Section. For purposes of these regulations, certain terms herein are defined as follows: A. Banner Sign A temporary sign which is painted or printed on a strip of cloth, canvas, or other flexible material with or without frames. B. Billboard Sign An outdoor advertising structure which advertises a use, product, or service not necessanly found on the premises A billboard sign is also known as an off-site advertising sign C. Building Official The administrative official charged with responsibility of enforcing and interpreting this Ordinance Ordinance#2374 6 D. Building Sign A permanent sign that has its supporting structure depending on a building for support and includes well signs, canopy signs, projections signs and outdoor menu board signs E. Canopy Sign A permanent sign which is attached to a roof-like structure which may be made of canvas, plastic, wood or metal, which projects from the wall of a building and overhangs a private dnve or walkway A Canopy Sign may also be attached to a freestanding structure, such as over a gas pump island. F. Electronic Message Board A sign utilizing a fixed light source to provide a message in text, pictures or symbols that may appear to move or may appear as an ordoff message. G. Flag A piece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal, or an emblem. H. Freeway Overlay Zone The Freeway Overlay Zone is located within an area two hundred (200)feet from and parallel to the right-of-way of I H Loop 820 and State Highway 121 I. Ground Sign A permanent sign that has its supporting structure depending on the ground for attachment and includes pole signs, monument signs, outdoor menu message boards, electronic message boards and traffic directional signs J. Illumination For the purposes of these regulations the term illumination shall be defined as follows: 1. "Internal lighting"shall mean a source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent matenal but wherein the source of the illumination is not visible 2. "Internal-indirect lighting" shall mean a source of illumination entirely within the sign (generally a freestanding letter)which makes the sign visible at night by means of lighting the background upon which the freestanding character is mounted. The character itself shall be opaque, and thus will be silhouetted against the background. The source of the illumination shall not be visible. 3 "Indirect lighting" shall mean a source of external illumination located a distance away from the sign, but designed specifically to illuminate the sign, but which it is not visible to persons viewing the sign from any normal position of view. K. Incidental Signs A permanent sign that has a purpose secondary to the use of the property that provides information rather than advertising Examples of such signs are traffic directional signs interior to the lot, "employee only parking-, "loading zone only", "truck traffic only signs Incidental signs on windows may include credit card logos and hours of operation L. Lot Land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in the City's Zoning Ordinance, and usually having its principal frontage upon a street or upon an officially approved place M. Lot Width The minimum width of a lot measured at the front building line or chord length when the front of the lot is curved. N. Major Development Sign A permanent ground sign that provides advertising media for certain sized multi tenant developments O. Monument Sign A permanent ground sign generally constructed out of brick, stone or cast concrete material supported on concrete foundation across the entire base of the structure and which may have an open space between the bottom of the sign and the ground which does not exceed one (1)foot P. Obsolete Sign A sign that advertises or identifies a business, product or service that is no longer in existence at that location Ordinance#2374 7 Q. Outdoor Menu Board A permanent ground sign or wall sign that provides an itemized listing of menu items and prices for food service establishments R. Pole Sign A permanent ground sign that is supported totally from the ground The message area is located on top of the support structures S. Projection Sign A permanent wall sign that is mounted to the extenor wall of a building and that is mounted perpendicular to the wall of the building. T. Roof Sign Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and usually extending vertically above the highest portion of the roof. U. Sign A displayed structure bearing lettenng, symbols or logos, generally used to identify or advertise a place of business, product or service located or offered on the premises. Distinctive colors(exceeding 15% of any facade elevation), shapes or images which promote the product or business shall constitute a sign This may include bright colors, lights, drawings or graphics. (Example: bright orange mini-warehouses.) The determination of what constitutes a sign shall be made by the Building Official Any appeal of the building Official's decision shall be made to the Sign Review Board. V. Sign Area The total area within the extreme perimeter of the attraction area intended to draw attention to the sign. Exception Monument Signs. W. Sign Height The vertical distance measured from natural grade to the top of the sign, measured at its highest point above ground level. For purposes of measurement, the natural grade shall be the elevation created by the undisturbed existing grade, or by normal site grading,when creating a development site It shall not include any super elevation treatment X. Sign Rider An attachment to a real estate sign "detailing" certain features of the property, such as"Four Bedroom,""Pool," "Game Room,'or the agents name. Y. Temporary Sign A sign intended to be displayed for a short penod of time only and includes real estate signs, garage sale signs, portable signs, construction signs, new development signs,week end advertising sign. Z. Traffic Directional Sign Any sign used only to control and direct traffic into or on pnvate property, e.g., "ENTER' or"EXIT" AA.Wall Sign A sign painted on or attached to the wall surface of a building BB.Wall Surface The general outer surface of any main extenor wall of the building or structure not including cornices, bay windows, or other ornamental trim. 6. Sign Permit Required No person shall erect, display, alter, relocate, or add to a ground sign, building sign, temporary sign, or a sign structure without first obtaining a permit which has been approved by the Building Official, unless an exemption is specifically provided herein. No permit shall be issued until the Building Official determines that the proposed sign is in conformance with these and any other applicable regulations. Where signs are illuminated by electnc lighting that requires permanent wiring connections, separate electncal permits shall be obtained as required by the North Richland Hills Electnc Code. Ordinance#2374 8 A. Certificate of Occupancy Required No sign permit shall be approved unless a Certificate of Occupancy has been issued or an application for a Certificate of Occupancy has been approved by the Building Official B. Sign Permit Application Applications for sign permits shall be submitted on forms furnished by the Building Official and comply with the following: 1. The permit application shall be signed by the property owner or his authorized agent. When the applicant is not the owner,the applicant shall provide a letter from the property owner that authorizes the applicant to represent the owner in the sign application process. 2 The applicant shall submit two(2)copies of a site plan which shows the proposed sign in relation to all lot lines and structures, or its location on the building 3 A copy of stress sheets and calculations showing that the sign and its structure designed for dead load and wind pressure in any direction in the amount required by the North Richland Hills Building Code of the City. The current edition of the Uniform Building Code adopted by the City shall apply for the design of any sign structure All structural calculations and design drawings are to be signed and sealed by a professional engineer registered in the State of Texas 4. The name of the person, firm, corporation or association erecting the sign structure or painting the sign 5 The applicant shall submit two(2)copies of details of construction of the sign and the sign support structure to clearly identify materials, methods of fastening or anchoring, whether or not the materials are to be painted, the type, size and location of lighting. When a sign is illuminated by"indirect lighting"the applicant shall also submit details of location, direction and placement of the lighting and the shielding 6 My other information deemed necessary by the Building Official 7. The applicant shall pay a deposit in the amount of$100 when the permit is application filed The deposit may be applied to the permit when the permit is secured If the permit is not secured, the $100 shall be considered a plan review fee and is non-refundable C. Permit Approved When the Building Official has determined that the application complies with the requirements of this Ordinance, he shall approve and issue the sign permit. The permit shall be expire 90 days from the date of approval and may be extended upon one written request of the applicant An application for an expired permit shall be the same as required for a new application 7. Contractor Registration As a prerequisite to obtaining sign permits, any person or firm operating under the provisions of this Ordinance within the corporate limits of the City of North Richland Hills shall be registered as a Sign Contractor in accordance with the requirements of the North Richland Hills Building Code Each Sign Contractor shall pay an annual fee. Said fee shall be established by separate ordinance adopted by the City Council 8. Administration and Enforcement For purposes of these regulations, the enforcement provisions contained in this Section shall apply to the sign regulations My violation of these regulations is subject to the provisions of the Penalty Clause contained herein. A Notification of Violation When any sign is constructed, erected, or maintained in violation of these regulations, the property owner, management and/or tenant shall be given written notice to remove or alter the structure so as to comply with the standards set forth in these regulations as follows: 1. The property owner, his agent, and/or the tenant shall be served with a written notice that states the violation and requires compliance with this Ordinance not more than ten (10)days from the date the notice is served The notice may be served by handling it to the property owner, agent, or tenant, in Ordinance#2374 9 person, or by depositing the same in the United States mail, addressed to the property owner at the owners address as shown on the most current tax roll of the City, or the tenant as shown on the utility billing records of the City. If the owner or tenant cannot be found, or if the notice is refused, or if the notice is returned by the United States Postal service, then the owner may be notified as follows: a. Posting the notice on or near the front door of each building on the premises where the violation exists at least ten(10)days prior to further action; or b. Posting the notice on a placard attached to a stake dnven into the ground on the premises where the violation exists at least ten (10)days prior to further action. If such person, firm or corporation fails or refuses to comply with the provision of this Ordinance within the specified penod following notification, the same shall be considered to be in violation of and subject to fine and penalty as provided for this Ordinance. B. Unsafe and Dangerous Signs The Building Official shall require that any sign or sign supports that are deemed unsafe, dangerous or that poses an immediate threat to the safety of the general public be made safe by repair or removal The Building Official shall make reasonable effort to notify and allow the owner, tenant and/or agent of the sign or sign structure to abate the unsafe, dangerous or threatening condition As a last resort, the Building Official shall take the necessary steps to abate the conditions. Any and all costs shall be charged to the owner,tenant and/or agent of the sign or sigh structure as follows: a. Whenever the property owner, agent, or tenant fails to abate the unsafe or dangerous condition within the time allowed, the Building Official is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance b. Whenever the City causes any work to be performed to abate a nuisance, a charge will be made to the property owner,agent. or tenant to recover the costs associated with the abatement The charge shall be the actual cost of abatement, plus applicable sales taxes. c. An Administrative fee of$75.00 shall be assessed for each charge. d If the actual charge and the administrative fee are not paid to the City within thirty(30)days after billing, the Crty shall file a lien against the property. Said lien shall be filed in the Deed Records of Tarrant County, Texas. The charges shown on the lien shall bear interest at the rate of eight per cent(8%) per annum from the due date until paid The hen shall be collected under the same terms and provisions of law as on City ad valorem taxes C Illegal Signs The Building Official shall be authorized to abate or impound any temporary sign that is in violation of these regulations if not abated by the property owner and/or the sign owner within twenty-four (24) hours after notice has been given D Sign Maintenance 1 Signs and sign structures, including those existing prior to this Ordinance, shall be maintained at all times in a state of good repair, safe and secure condition, with all braces, bolts, slips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were originally designed. 2 Sign supports, structures and faces of all exterior surfaces that are covered with paint shall be regularly painted to prevent rusting, peeling or blistenng surfaces 3 Any sign or sign support which varies, leans or lists 15 degrees or more from horizontal or vertical original design(unless approved as part of the original design)shall be considered as requiring maintenance, and shall be repaired or removed by the owner Ordinance#2374 10 4. All obsolete signs must be removed within 90 days of the sign becoming obsolete In the case of a painted sign, it shall be painted over, in the case of an internally lit sign, a blank panel shall be installed, and in the case of applied letters or other material, they shall be removed 5 At no time shall a sign's internal lighting or structure is exposed unless it is actively under repair Ordinance#2374 11 9. Table of Permitted Signs. The Table of Permitted Signs, included in this Section, presents the zoning districts where the locations of signs shall be allowed or prohibited by these regulations. Signs are listed in accordance with allowable zoning districts shown as shaded areas, and zoning districts where certain signs are prohibited shown as blank areas Residential districts Non-Residential districts Table of Per Sect R R R R R R R R M O L C C C I I 12 U A Permitted Signs mit on 1 1 2 3 4 6 8 7 H 1 R 1 2 C G Reg' # S D T M 1 d F Y/N A. Ground Signs 13A Electronic Y 12 I i . Message Board4 _ Major Y 4 _-1- - • !•• •• • • • Development ' Sign _ _ _ M Monument Sign Y 3 • • • 1 • i • • • • ' • • • i • • • • • • Pole Sig n Y 1 --` 1- -- -- - - • • 1 • • • 1 •!•• • !• M e n a Nameplate Sign N 5 • • r• T• • • '1 • ._ _• • • • •+• I • • Traffic Directional Sign L I _ I I 1 B. Building Signs 13B Canopy Sign Y 2 _-- [ 1 • • ! • I • • I • I • • Projection Sign Y 3 _ - � • • • • • • • • • Wall Sign ' Y 1 � _ - ! _ • 1 • • • : • _1 • • '• l• 1 • 1 • C. Temporary Sicn 13C New Y 1 • • • I • •o • •T• • •F• • • • •A• • Development 1 1 Sign �_ I— — - _�I _ _L - - - -- _ • •_. •-- - Banner Sign Y 7 • • • • • • • • I • • Construction N 8 • • • • • l • • t • • • ' • • Trade Sign I I ' 1 Flags` N .1-1 • . • • t • • • ! • 1 • 1 •- • • • 1-5 ' • I • ' • • . • _. Garage Sale N 5 • I• • • • • 1 • •-I • Sign t Grand Opening N/Y 10 ' • 1 • I • • I• •-'-• • I Sign Political Sign ' N 6 • • I • • • ' • • • • • • • • I-�• • • • • L Portable Sign Y 3 ,- 1 - - _ • 1 • • • • I • Real Estate Sign N 4 • 1 • I • • i • • • • • • _i • E• • • • • • • Weekend Y 9 • • i • • 1 • ' • • '' • • • I, • 1 • • • • • • • Advertising Sign ' Multi-family allowed one Wall Sign per street frontage - Company logo flags not allowed in AG, R1S, R1, R2, R3, R4D, R6T, R8, & MH1 districts 'Political Signs are regulated as either"AG & R"district signs or All other district"signs 4 Electronic Message Boards allowed outside the Freeway Overlay Zone have additional restrictions than Electronic Message Boards allowed within the Freeway Overlay Zone Ordinance#2374 12 10. Nonconforming Signs For purpose of these regulations, this Section shall apply to nonconforming signs Any sign or advertising structure which was erected prior to such time as it came within the purview of these regulations, and any amendments thereto, and which fails to conform to all applicable regulations contained herein, shall be declared to be a non-conforming sign. Non-conforming signs shall comply with the following additional regulations: A. Repair of an Existing Nonconforming Sign An existing non-conforming sign may be maintained and repaired, but shall not be structurally extended or altered so as to enlarge the non-conforming feature, unless a permit has been approved by the Sign Review Board Replacement of the sign panel shall be allowed provided however, that when the sign frame has been removed,the sign area, sign height and sign materials of the replacement sign shall be in accordance with the provisions of these regulations. B. Damage of an Existing Nonconforming Sign A non-conforming sign which is destroyed or damaged to the extent of 50%or more of its replacement value, shall not be repaired or rebuilt, unless said sign is in accordance with the provisions of these regulations. The Building Official may require the owner of said non- conforming sign to submit two or more independent cost estimates from established sign companies to repair or renovate the existing non-conforming sign and two cost estimates from established sign companies to construct a new sign, including its supporting structure,which is substantially the same or similar to the non- conforming sign destroyed, damaged, dilapidated or detenorated. 11. Special and Additional Regulations A. Signs for Automobile Dealerships 1. One(1) Pole Sign or Monument Sign shall be allowed for each separate dealership located within the Freeway Overlay District for each one hundred fifty(150) linear feet of qualified street frontage, or fraction thereof, and be subject to the applicable provisions of the Pole or Monument Sign regulations 2. Pennants are permitted for automobile dealerships located in the construction areas of the Freeway Overlay Zone until Dec 31, 2003, or until the freeway interchange construction work is completed B Signs in Agricultural Distncts In the AG zoning district, legitimate agricultural businesses or enterprises shall be permitted ground, projecting or wall signs in accordance with these regulations with exception that such signs shall not exceed a total of one hundred (100)square feet in area and shall not exceed fifteen(15) feet in height 12. Electronic Message Boards Electronic Message Boards within the Freeway Overlay Zone shall be subject to specific regulations for the Freeway Overlay Zone Electronic Message Boards located outside the Freeway Overlay Zone shall comply with the following regulations- A The maximum area is limited to 40 square feet B The sign message is non-commercial and is limited to general public information C. The maximum lamp wattage shall not exceed 40 watts D Commercial sign sponsorship may be affixed to the sign. The maximum area of the company name and/or logo is limited to a maximum of 10%of the sign area. E Electronic Message Boards not meeting these critena may be allowed only upon approval of a Specific Use Permit. Ordinance#2374 13 13. Sign Height,Area, Construction and Placement Standards A. Ground Signs, General Ground Signs shall be regulated as Pole Signs, Monument Signs, Major Development Signs, Subdivision Nameplate Signs, New Development Signs, Traffic Directional Signs, Electronic Message Boards, or Outdoor Menu Board Signs 1 Pole Signs a. Permitted Districts Pole Signs Shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs b. When Permitted A pole sign may be permitted for single lot development when the area of the principal building exceeds ten thousand (10,000) square feet in floor area c Maximum Area The maximum area of a pole sign is one hundred(100) square feet d. Maximum Height The maximum height of a pole sign is twenty (20) feet. e. Sign Location The pole sign shall be located at least twenty(20)feet from the front property side or twenty(20)feet from a side property line adjacent to a street. f Spacing A Pole Sign shall be a minimum of one hundred (100)feet from another Pole Sign, Monument Sign, or Major Development Sign situated on the same lot g Maximum Planter Height Landscaping boxes, when provided, situated at the base of a Pole Sign shall not exceed thirty(30) inches in height h Illumination A Pole Sign may be illuminated. r. Material Requirements The support structure for a pole sign shall be double pole and shall be constructed or covered with matenals that match the masonry portion of the pnnciple building on the site or shall be covered with stone or bnck. Each support structure shall be independently covered with masonry. j Landscaping Requirements The required landscaping of the area around the base of the sign shall consist of a combination of bedding plants, shrubs and/or ornamental trees. 2. Outdoor Menu Boards Outdoor Menu Board may be allowed on a lot that has a business with drive thru windows subject to the following conditions a Not more than two (2)outdoor menu boards shall be allowed per drive-through window b Sign area area shall not exceed thirty(30) square feet c. The outdoor menu boards shall be located behind the front facade of the building d. The outdoor menu boards may be either well or monument type signs Ordnance#2374 14 3. Monument Signs a General Monument Signs shall be classified as either single-family residential, multi-family residential or non-residential. Monument Signs shall comply with the following regulations that are established for the three(3)divisions (1) Monument Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs (2) When a Monument Sign is situated within an island or a driveway location at the entryway of a development where a vehicular driving lane is located on one(1)or more sides of the Monument Sign, the Monument Sign shall be located consistent with the Visibility Triangle requirements. (3) The sign structure area is the area created by the extreme limits of the total sign structure (4) The sign message area shall be surrounded by at least 8"of sign structure (5) The sign structure area includes the sign message area b. Single-family Residential Monument Signs (1) Number Allowed Not more than two(2) matching Single-family Residential Monument Signs shall be allowed at each entrance of a single-family residential subdivision (2) Maximum Area A Single-family Residential Monument Sign shall not exceed: (a) Fifty(50) square feet of sign message area (b) Seventy five(75) square feet of sign structure area (3) Maximum Height. A Single-family Residential Monument Sign shall not exceed six (6) feet in height. (4) Illumination. Single-family Residential Monument Signs may be illuminated. a. Non-residential Monument and Multi-Family Monument Signs (1) Number Allowed A maximum of one monument sign per street face shall be permitted. However, a comprehensively planned group of primary buildings, whether or not located on separately platted lots, may have one monument sign for each major entry (2) Maximum Area The maximum area for a Monument Sign shall he as follows: (a) For signs located in an area that is less than ten (10)feet from the property line abutting and parallel to the street(s), the maximum area is fifty (50) square feet of sign message area and seventy five(75) square feet of sign structure area. (b) For signs located in an area that is more than ten (10)feet from the property line abutting and parallel to the street(s), the maximum area is seventy-five(75) square feet of sign message area and one hundred ten (110) square feet of sign structure area Ordinance#2374 15 (3) Maximum Height The maximum height for a Monument Sign shall be as follows (a) For signs located in an area that is less than ten (10) feet from the property line abutting and parallel to the street(s), the maximum height is seven (7) feet. (b) For signs located in an area that is more than ten (10)feet from the properly line abutting and parallel to the street(s), the maximum height is twelve(12) feet (4) Spacing A non-residential Monument Sign shall be a minimum of one hundred (100)feet from another non-residential Monument Sign. Pole Sign, or Major Development Sign situated on the same lot (5) Changeable Message Boards A non-residential Monument Sign may contain a changeable message board that utilizes changeable letters The area of a message board shall be included in calculating the total sign area. (6) Lighting Monument Signs may be illuminated only by internal lighting for sculpted non- ferrous panels or by a ground lighting source where the light and fixture are not visible from a public Right of Way 4. Major Development Signs The purpose of a Major Development Sign is to identify the name of large commercial and retail developments a. Major Developments Located within the Freeway Overlay Zone (1) General Criteria One Major Development Sign shall be allowed as follows: (a) For a development on a single platted lot that contains one(1)or more multi-occupancy building having one hundred thousand (100,000) square feet or more in combined floor area, or (b) For a development on two(2)or more contiguous and adjacent lots that contains one(1) or more multi-occupancy building having one hundred thousand (100,000) square feet or more in combined floor area. (2) Considered as a Bonus Sign A Major Development Sign shall be considered a bonus sign and may be allowed in addition to any other sign authorized in these regulations, provided that all spacing requirements are satisfied (3) Maximum Number Allowed Nothing in these provisions shall be construed so as to allow more than one(1) Major Development Sign for each street frontage per eligible development (4) Spacing A Major Development Sign shall be a minimum of one hundred(100) feet from a Pole Sign or Monument Sign located on the same lot or on an adjacent lot of the same development (5) Maximum Area The Major Development Sign shall not exceed the ratio of 0.005 square feet of sign area for each square foot of building floor area No Major Development Sign shall exceed one thousand(1,000) square feet of sign area (6) Maximum Height A Major Development Sign shall not exceed the maximum height of sixty-five (65)feet. (7) Maximum Planter Height When a Major Development Sign is located at a dnveway entrance, landscaping plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty(30) inches in height. Ordmancell2374 16 (8) Changeable Message Boards A Major Development Sign may contain a changeable message board that utilizes either electronic or changeable letters. The area of a changeable message board shall be included in calculating the total sign area (9) Illumination A Major Development Sign may be illuminated. b. Major Developments Located Outside the Freeway Overlay Zone (1) General Criteria One Major Development Sign shall be allowed as follows. (a) For a development on a single platted lot that contains one(1)or more multi-occupancy building having two hundred thousand (200,000) square feet or more in combined floor area, or (b) For a development on two(2)or more contiguous and adjacent lots that contains one(1) or more multi-occupancy building having two hundred thousand (200,000) square feet or more in combined floor area. (2) Considered as a Bonus Sign A Major Development Sign shall be considered a bonus sign and may be allowed in addition to any other sign authorized in these regulations, provided that all spacing requirements are satisfied. (3) Maximum Number Allowed Nothing in these provisions shall be construed so as to allow more than one(1) Major Development Sign for each eligible development. (4) Spacing A Major Development Sign shall be a minimum of one hundred (100)feet from a Pole Sign or Monument Sign located on the same lot or on an adjacent lot of the same development. (5) Maximum Area The Major Development Sign shall not exceed 100 square feet of sign area (6) Maximum Height A Major Development Sign shall not exceed the maximum height of twenty-five (25) feet (7) Maximum Planter Height When a Major Development Sign is located at a driveway entrance, landscaping plants or planter boxes situated at the base of a Major Development Sign shall not exceed thirty(30) inches in height. (8) Changeable Message Board A Major Development Sign may contain a changeable message board that utilizes changeable letters. The area of a changeable message board shall be included in calculating the total sign area (9) Material Requirements The support structure for a major development sign shall be double pole and shall be constructed or covered with materials that match the masonry portion of the principle building on the site or shall be covered with stone or bnck. Each support structure shall be independently covered with masonry (10) Illumination A Major Development Sign may be illuminated c Major Retail Malls (1) General Criteria A Major Retail Mall is a commercial development that consist of a multi- occupancy building consisting pnmanly retail establishments located in one building or one operating entity having a combined floor area of at least five hundred thousand (500,000)square feet in floor area. The development may be located on one or more contiguous and adjacent lots, parcels or tracts. Ordinance#2374 17 (2) Monument Signs A Major Retail Mall may have monument signs complying with the following regulations: Maximum Area The maximum area of a Monument Sign is ninety (90) square feet in area Maximum Height The maximum height of a Monument Sign is twelve (12) feet. Illumination A monument sign may be illuminated Off-site Monument Sign A major Retail Mall is permitted one (1) off-site monument sign (3) Wall Signs A Major Retail Mall may have Wall Signs that compiling with the following regulations: (4) Maximum Area Maximum Area Multiple Wall Signs shall be allowed per wall surface. The maximum area of all Wall Signs on each wall face shall not exceed twenty-five(25) percent of the total wall area. For purposes of these regulations,the term"wall area shall mean the wall surface of a single tenant structure or the storefront of a multi-occupancy structure.Wall Signs may be placed on the vertical edge of freestanding canopies, however, the canopies may not be counted toward the sign area allowed. (5) Illumination A Wall Sign may be illuminated 5. Subdivision Nameplate Signs The purpose of a Subdivision Nameplate Sign is to provide identification of a subdivision Subdivision Nameplate Signs shall comply with the following additional regulations (a) Permitted Districts Subdivision Nameplate Signs shall be allowed in zoning distncts shown in Section 10, Table of Permitted Signs (b) Location Subdivision Nameplate Signs shall be secured or mounted into a fence or masonry-screening wall. © Number Allowed Not more than two(2) matching Subdivision Nameplate Signs shall be allowed at each entrance of an"R"district subdivision, or a multi-family development (4) Maximum Area A Subdivision Nameplate Sign shall not exceed fifty (50)square feet in area (5) Maximum Height A Subdivision Nameplate Sign shall not extend above the fence or wall. (6) Illumination Subdivision Nameplate Signs may be illuminated. 6. Traffic Directional Signs The purpose of a Traffic Directional Sign is to aid vehicular traffic into or out of a business establishment by identifying only the vehicle entrances or exits Traffic Directional Signs shall comply with the following regulations: a. General (1) A permit shall not be required for a Traffic Directional Sign (2) Traffic Directional Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. (3) Only two(2)Traffic Directional Signs may be allowed for each drive approach. Each sign must be either an "Entrance°or an "Exit"labeled sign. (4) A Traffic Directional Sign shall not exceed four(4)square feet in area Ordinance#2374 18 (5) Traffic Directional Signs may include a company name and logo. (6) A Traffic Directional Sign may be illuminated. (7) Traffic Directional Signs shall be located on private property. b. Regulations for industrially zoned property (1) A permit shall not be required for a Traffic Directional Sign (2) Only two(2)Traffic Directional Signs may be allowed for each drive approach. Each sign must be either an"Entrance"or an "Exit"labeled sign. (3) A Traffic Directional Sign may not exceed 15 square feet in area (4) Traffic Directional Signs may include a company name and logo (5) A Traffic Directional Sign may be illuminated. (6) Traffic Directional Signs shall be located on private property. B. Building Signs Building Signs shall be regulated as either Wall Signs, Canopy Signs, or Projection Signs. 1. Wall Signs The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure For the purpose of these regulations, a sign attached to a mansard roof that has a 1:1 slope or more shall be regulated as a Wall Sign For the purpose of these regulations, a sign that is attached or affixed to an awning or canopy-like structure that does not extend more than thirty-six(36) inches from the exterior of the wall surface to which it is attached shall be regulated as a Wall Sign Wall Signs shall comply with the following regulations: a. Permitted Districts Wall Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs b. Maximum Area Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs on each wall surface shall not exceed twenty-five(25)percent of the total wall area For purposes of these regulations, the term"wall area"shall mean the wall surface of a single tenant structure or the storefront of a multi-occupancy structure. Wall Signs may be placed on the vertical edge of freestanding canopies, however, the canopies may not be counted toward the sign area allowed c. Multi-family Developments Wall Signs for multi-family developments are limited to one(1) Wall Sign for each street frontage and a maximum area of twenty-five(25) square feet. d. Maximum Projection. A Wall Sign shall not project more than eighteen (18") inches from the surface upon which it is attached However, the upper edge of a Wall Sign mounted on a mansard roof may project more than thirty-six (36")inches so long as the sign is perpendicular to the ground and does not extend above the apparent roofline of the building. e. No Projection above Roof Line Except for signs attached to a mansard roof, all Wall Signs shall be placed flat against the wall of a building and shall not project above the cornice line, parapet wall, the apparent flat roof, eaves line of the building, or extend beyond the side wall of the building f Illumination A Wall Sign may be illuminated ordinance#2374 19 2. Canopy Signs The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these regulations, a sign attached to a canopy which extends more than three(3)feet from the exterior of the wall surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign Canopy Signs shall comply with the following regulations. a Canopy Signs shall be allowed in zoning distncts shown in Section 10, Table of Permitted b A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy. c A Canopy Sign shall not extend beyond the canopy in any direction d. A Canopy Sign may be illuminated e Canopy signs shall not be located above the second floor level f. Signs suspended from a canopy shall not extend: (1) To less than eight (8) feet above any pedestrian walking surface below, or (2) To less than fourteen(14) feet above and vehicular a vehicular maneuvering area. g. When a canopy is provided over a gas pump area, signs attached to the supports of the canopy, may be allowed and are exempt from any permit requirements. However, such signs shall not exceed four(4) square feet in area. h. Letters on a canopy sign shall not exceed 12 inches Logos may be up to 16 inches in height. 3 Projection Signs. A Projection Sign is a sign in which the message area is perpendicular to the wall of the building Projection Signs shall comply with the following regulations: a. Projection Signs may be allowed in zoning districts shown in Section 10, Table of Permitted Signs. b One(1) Projection Sign may be allowed for each single tenant building or for each tenant in a multi- occupancy structure. However, no single tenant building or single tenant storefront shall have a Projection Sign in combination with a Wall Sign, Roof Sign, or Canopy Sign c A Projection Sign shall not exceed twenty-five(25) square feel The plane of the message area shall not exceed eighteen (18) inches from the plane of the message area on the opposite side of the sign d. Projection Signs shall not project over any property line or right-of-way line. e. A Projection Sign shall not project more than four(4) feet from any wall surface and shall not extend above the apparent roof line of the building. f Every Projection Sign shall be a minimum of eight (8) feet above the grade over a pedestrian walking area or fourteen(14)feet over a vehicular maneuvering area. g. A Projection Sign may be illuminated C Temporary Signs Temporary signs shall be regulated as either Portable Signs, Real Estate Signs, Garage Sale Signs, Political Signs, Banner Signs, Construction Trade Signs, Flags, and Weekend Advertising Signs. Ordinance#2374 20 1. New Development Signs The purpose of a New Development Sign is to provide temporary identification of a new residential subdivision, or a proposed new commercial development. New Development Signs shall comply with the following additional regulations: a. Permit Period Permits for such signs shall be valid for a penod of one(1)year, or to the completion of the project, whichever occurs first and must be removed prior to the expiration of the permit.The permit may be renewed each year upon payment of a new fee provided that a minimum of ten (10) percent of the lots remain vacant in a residential subdivision b. On-site One(1) New Development Sign shall be allowed on-site of the residential subdivision or on the site of the commercial project. Additional on-site New Development Signs shall be allowed as follows (1) One(1) additional New Development Sign shall be allowed on-site on a different street than the initial New Development Sign when a residential subdivision contains two street intersections, which do not intersect on the same street (2) One(1)additional New Development Sign shall be allowed on-site of a proposed new commercial project when the site contains two or more street frontages. c. Off-site One(1) New Development Sign shall be allowed off-site which may be located in any Commercial, Industnal, or Office Zoning Distnct, or on unplatted vacant property. d Maximum Height A New Development Sign shall not exceed fifteen (15)feet in height e Maximum Area A New Development Sign shall not exceed one hundred (100) square feet in area. f. Illumination A New Development Sign may be illuminated 2. Vehicle Advertising Vehicles, which display signage, shall comply with the following. a Signs shall be permanently attached to vehicles by being painted, bolted, screwed or magnetically affixed. No sign or advertising structure shall be erected or attached to any vehicle except for those signs which are painted directly or mounted flush to the surface or mounted directly on the roof of the vehicle No roof mounted signs shall project more than twelve (12) inches above the roof of the vehicle or the bed of a pick-up truck b Banners or signs made of cloth or other light materials, secured with rubber, rope, stnng, tape, or other similar adhesives shall be prohibited as vehicle advertising c. Vehicle advertising affixed to a vehicle which has been altered for purposes of circumventing these regulations shall be prohibited. d. Vehicles that are inoperable, that is not properly licensed and/or currently not registered shall not be used, parked or stored in a manner to provide advertising 3. Portable Signs a A permit shall be required for every Portable Sign b. Portable Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs Ordinance#2374 21 c. A Portable Sign may be erected or placed to advertise a business, industry or pursuit, but only on the premises on which the referenced business, industry or pursuit is conducted and only when a Certificate of Occupancy has been previously issued by the Building Official. d. The Portable Sign structure must be removed from the view of adjacent public rights of way upon expiration of the permit Removal of the letters from the signboard does not constitute removal of the sign. a A Portable Sign shall not be displayed for more than thirty (30) consecutive days f No more than three (3) portable sign permits per year shall be issued to a business. Consecutive permitting shall be prohibited There shall be a forty-five—(45) day period between permitting A Portable Sign erected in conjunction with a Grand Opening Signage Permit shall be exempt from the provisions of this paragraph. g. A Portable Sign shall not exceed fifty(50)square feet in area h A Portable Sign shall not be erected or placed in any location that constitutes a safety or traffic hazard. i. A Portable Sign shall not be erected or placed in a fire zone, fire lane, handicap parking area or required loading zone j A Portable Sign shall not be placed in any location that blocks the view of any ground sign k. A Portable Sign shall be a minimum of one hundred (100) feet from another Portable Sign situated on the same lot I A Portable Sign may advertise one or more businesses located on the same lot. m. A Portable Sign shall bear the company name, address and telephone number of the owner of the sign which shall be the same information as shown on the Contractor Registration on file with the City Any sign not containing current information shall be declared an illegal sign. n. Portable Signs for Civic And Religious Organizations: Three Portable Signs advertising events of public schools, private schools, non-profit civic organizations and religious organizations shall be allowed upon approval of a permit. Such permit shall be at no cost 4 Real Estate Signs The purpose of a Real Estate Sign is to advertise the offering for sale or rental of land and buildings. Real Estate Signs shall be classified as either residential or non-residential Every Real Estate Sign shall comply with the following regulations- a. General Provisions Applicable to all Real Estate Signs (1) A permit shall not be required for a Real Estate Sign. (2) Real Estate Signs shall be allowed in zoning districts shown In Section 10, Table of Permitted Signs. (3) Real Estate Signs shall be removed within one (1) week following the close of a sale or lease of the property advertised. b Residential Real Estate Signs One(1) Residential Real Estate Sign shall be allowed for each street frontage for a single lot of residential zoned or used properly as follows: (1) The Residential Real Estate Sign shall be placed on the property offered for sale or rental. Ordinance#2374 22 (2) The area of the Residential Real Estate Sign shall not exceed six(6) square feet, exclusive of the pole The Real Estate Sign shall have no more than six (6)"sign riders". (3) No portion of a Residential Real Estate Sign, including the pole, shall exceed six (6)feet in overall height. (4) A Residential Real Estate Sign shall be not be illuminated (5) In addition to a Residential Real Estate Sign, one(1)"Open House°and one(1)"Model Home" sign shall be allowed on the property offered. The size and area shall not exceed that of a Residential Real Estate Sign. (6) "Open House"signs and"Model Home"signs displayed off-premises shall be allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising Signs contained in this Ordinance. c. Non-residential Real Estate Signs. One(1) Non-residential Real Estate Sign shall be allowed for each street frontage on any multi-family or nonresidential commercial property, and shall comply with the following regulations- (1) The Non-residential Real Estate Sign shall be placed on the property offered for sale or rental (2) A Non-residential Real Estate Sign area shall not exceed one hundred (100) square feet in area (3). A Non-residential Real Estate Sign shall not exceed fifteen (15) feet in overall height (4) A Non-residential Real Estate Sign shall not be illuminated (5) Non-residential Real Estate Sign shall be a minimum of twenty(20) feet behind any curb or edge of pavement. (6) In addition to a Non-residential Real Estate Sign, one(1) "Open House" sign shall be allowed on the property offered The size and area shall not exceed that of a Non-residential Real Estate Sign. (7) "Open House"signs displayed off-premises shall be allowed when the advertiser and the sign conforms to the regulations for Weekend Advertising Signs contained in this Ordinance 5 Garage Sale Signs a A permit shall not be required for any Garage Sale Sign. b. Garage Sale Signs shall be allowed in zoning distncts shown in Section 10, Table of Permitted Signs when in conjunction with an approved garage sale permit c Temporary, unlighted signs announcing a garage sale of household possessions shall be allowed in conjunction with an approved garage sale permit at a place of residence d. Garage Sale Signs shall be located on private properly only. Garage Sale Signs shall not be allowed on any public property, right-of-way, or utility, light, traffic signal or sign pole. e Garage Sale Signs shall not exceed six (6) square feet in area. f. Garage Sale Signs shall not exceed three(3)feet in height Ordinance#2374 23 g Garage Sale Signs shall not be posted more than twenty-four(24) hours pnor to the beginning of the sale and shall be removed within twenty-four(24) hours following the end of the sale h Garage Sale Signs shall not be illuminated 6. Political Signs The purpose of a Political Sign is to advertise a political candidate for public office, a political party, or an issue being considered for public referendum. Political Signs shall comply with the following additional regulations: a No permit shall be required for any Political Sign b Political Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs c. Political signs shall not be located on any utility, light, traffic signal or sign pole. d Political signs shall be allowed for a penod of thirty(30)days pnor to local or county elections, sixty (60) days prior to a state election and ninety(90) days prior to a national election All political signs shall be removed no later than seven (7) days after the election or after the termination of candidacy, whichever occurs first e. AG and "R" Districts Political Signs shall not exceed six (6) square feet in area and the height shall not exceed three(3)feet above grade in the AG and all"R"zoning districts. f. All Other Districts Political Signs shall not exceed fifty(50)square feet in area and the height shall not exceed six (6)feet above grade in all zoning districts except in the AG and all "R"districts g. Political Signs shall not be located so as to cause a safety or traffic hazard h. A Political Sign shall not be illuminated or projected Political signs shall not be placed on public property or within public nght of way. j Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor,and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense. Each day such violation continues to exist shall constitute a separate offense 7. Banner Signs The purpose of a Banner Sign is to supplement permanent advertising with temporary advertising messages, which advertise the opening of a new business or a special event Banner Signs shall comply with the following a regulations: a. A permit shall be required for a Banner Sign b Banner Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. c. One Banner Sign shall be allowed for each single occupancy structure or for each store front of a multi-occupancy structure. d. A Banner Sign shall not exceed fifty (50) square feet in area. e Banner Signs shall be attached to a wall surface or fascia and shall not project above the apparent roof or eaves line Ordinance#2374 24 f. Banner Signs shall be kept in good repair and remain securely attached in such a manner to withstand wind loads in accordance with the Uniform Building Code. g. Banner Signs shall not be displayed for a period exceeding 30 days; nor shall a permit for a Banner Sign be granted more than three(3)times within any one-year period. When more than one permit is granted to a business on a lot,there must be a minimum period of forty five(45) days between the effective dates of such permits. h. In conjunction with the Grand Opening Signage provisions of this Ordinance, one additional oversized banner shall be allowed on the front or side of a building structure for each street frontage of a business holding a Certificate of Occupancy The maximum size of the additional banner(s) shall not exceed twenty-five(25) percent of the wall area on which the banner is attached i Developments with a parking lot containing more than sixty-five thousand (65,000)square feet may erect color coded banners for the purpose of aiding patrons in locating their parked vehicles Such banners shall be located on poles uniformly throughout the parking lot with a ratio not to exceed one (1) banner for each sixty-five thousand (65,000) square feet of parking area. Such banners shall be entitled to have a logo or symbol identifying the establishment The total size of each such color coded banner shall not exceed thirty-six (36)square feet and the banner shall not be less than three (3)feet in width nor more than twelve(12)feet in length or greater than twenty(20) percent of the surface height of the pole to which it is to be attached 8 Construction Trade Signs The purpose of a Construction Trade Sign is to provide temporary advertising for the various construction companies working at a construction site. For purposes of these regulations, a sign,which advertises the financial lending institution, shall be considered a Construction Trade Sign. Construction Trade Signs shall be regulated as either Residential Construction Trade Signs or Non-residential Construction Trade Signs. a. No permit shall be required for any Construction Trade Sign b Construction Trade Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted Signs. c. Residential Construction Trade Signs shall comply with the following: (1) Residential Construction Trade Signs shall only be allowed in residential zoning districts (2) Residential Construction Trade Signs shall not exceed six (6) square feet in area. (3) Residential Construction Trade Signs shall not exceed three(3) feet in overall height (4) The signs shall be placed on the property where building activity is taking place (5) A Residential Construction Trade Sign shall not be illuminated. (6) The signs shall be removed immediately following the issuance of a Certificate of Occupancy. d Non-residential Construction Trade Signs shall comply with the following: (1) Non-residential Construction Trade Signs shall only be allowed in non-residential zoning distncts. (2) Non-residential Construction Trade signs shall not exceed fifty (50) square feet in area (3) Non-residential Construction Trade Signs shall not exceed ten (10)feet in overall height. (4) The signs shall be placed on the property where building activity is taking place Ordinance#2374 25 (5) A Non-residential Construction Trade Sign shall not be illuminated (6) The signs shall be removed immediately following the issuance of a Certificate of Occupancy 9 Weekend Advertising Sign The purpose of Weekend Advertising Signage is to assist the public by guiding them to available residential properties in North Richland Hills. a. Registration A builder, developer, or realtor must be registered with the City of North Richland Hills to be eligible to participate as a weekend advertiser The annual fee shall be paid and/or renewed during the month of January each year. b. Schedule Signs shall be allowed between 12 00 p.m. Friday and 12 00 p m. Monday. A holiday falling on Friday or Monday will be considered as part of the weekend c Sign Size Signs shall not exceed six (6) square feet in area, and shall not exceed three(3)feet above grade. d. Spacing of Signs Signs for one advertiser shall be at least two hundred(200)feet apart e. Sign Location Individual sign locations shall adhere to the following cntena. f. It shall be the responsibility of the builder, owner, or Realtor to secure permission of the adjacent property owner for placement of the signs on private properly This ordinance does not grant unlimited access and use of the City right-of-way g. Signs may be placed in public right-of-way, but no closer than three (3)feet from the edge of the sign to the street curb or edge of pavement. Signs shall not encroach into the sidewalk or into the street. h No sign shall be placed in a visibility sight triangle as defined in this Ordinance Signs shall not be located within a street median. j. Sign Construction and Criteria Signs shall be rigid, two-dimensional displays that advertise residential property, "For Sale, Lease or Open House", guiding the public to a specific location in North Richland Hills. 10 Grand Opening Signage The purpose of Grand Opening Signage is intended to allow a new business, or a business which has substantially remodeled as herein prescribed, to benefit from special advertising signage which is not usually allowed by nght by the Sign Regulations Grand Opening Signage requires approval of a sign permit and is allowed in all zoning districts, except within the AG and the R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, R-7-MF, R-8, and the U Districts The following regulations contained within this subsection apply to Grand Opening Signage a Upon the issuance of a Certificate of Occupancy and within a 180-calendar day penod thereafter, a business shall automatically be entitled to utilize the Grand Opening Signage provisions contained in the Subsection when one of the following conditions applies- (1) When the Certificate of Occupancy has been issued to a new business, which may not be of the same business classification type listed in Section 310, Table of Land Uses, Zoning Ordinance of the City of North Richland Hills, which existed previously for the same address location, unless the prior business has been closed for a thirty(30) day period, or longer, or Ordinance#2374 26 (2) When a Certificate of Occupancy has been issued to an existing business, which has remodeled and the cost of the renovation exceeds sixty(60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll b Approval of a Grand Opening Signage permit by the Building Official is required and shall be valid for a period of thirty(30) consecutive calendar days The Grand Opening Signage permit is limited to the address noted on the Certificate of Occupancy and shall comply with the following requirements (1) Grand Opening signage may include any combination of oversized banners, pennants, inflatable signs& balloons, searchlights, and a portable sign, which may be in addition to any other legal sign allowed by the provisions of this Ordinance. (2) A searchlight may be used as Grand Opening Signage provided it complies with the provisions of Section 14W(3). (3) Banner signs may be used as Grand Opening Signage provided they comply with the provisions of Section 14R. (4) Pennants may be used as Grand Opening Signage provided they comply with the provisions of Section 14W(5). (5) Inflatable Signs and Balloons may be used as Grand Opening Signage provided they comply with the provisions of Section 14W(4) (6) One(1) Portable Sign may be used as Grand Opening Signage provided it complies with the provisions of Section 14N (7) Grand Opening signage shall be contained within the limits of the property of the legal business on which a Certificate of Occupancy has been issued and shall not extend into the City right-of- way. Signage shall not be located in any sight visibility triangle nor shall any combustible materials be placed in contact with illuminated signs or electrical fixtures (8) No permit fee shall be required for a Grand Opening Signage Permit. c. Searchlights Searchlights shall be allowed only in conjunction with the Grand Opening Signage provision contained in these regulations. A searchlight may be used provided the following regulations are satisfied* (1) Any searchlight shall be located on private properly of the premises and not on any public nght- of-way. The searchlight shall be positioned so as to project all beams vertically, but not less than a minimum angle of thirty (30)degrees from grade level (2) The maximum light intensity generated by searchlights on any premises shall not exceed a total of one thousand six hundred (1600) million-foot candlepower No more than four(4) beams of light may be projected from any premises (3) All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the traveled ways or adjoining property. No light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle (4) No searchlight may be operated between the hours of 11 00 p.m. and 7.00 a m d Inflatable Signs and Balloons. Inflatable Signs and Balloons, including lighter-than-air balloons connected with a tether, shall be allowed only in conjunction with the Grand Opening Signage provision contained in these regulations. Inflatable Signs and Balloons may be used provided the following regulations are satisfied Ordinance#2374 27 (1) Not more than one Inflatable Sign or Balloon shall be allowed on any premises (2) Inflatable Signs and Balloons when placed on a building may not exceed twenty-five(25) feet in height above the roof of the building and shall not obstruct visibility necessary for safe traffic maneuvering. (3) Inflatable Signs and Balloons when placed on the ground may not exceed twenty-five(25) feet in height above the ground level and shall not obstruct visibility necessary for safe traffic maneuvenng (4) Inflatable Signs and Balloons shall maintain a set back from any side or rear property line a minimum distance equal to the height of the balloon (5) Inflatable Signs and Balloons shall maintain five(5)feet of clearance from any overhead electrical wire. (6) Inflatable Signs and Balloons shall be kept in good repair and remain securely attached in such a manner to withstand wind loads. a Pennants. Pennants shall be allowed only in conjunction with the Grand Opening Signage provisions contained in these regulations. Pennants may be used provided the following regulations are satisfied (1) All Pennants shall maintain at least fifteen (15) feet of clearance over any vehicle maneuvering area or fire lane (2) All Pennants shall maintain five(5)feet of clearance from any overhead electrical wire. (3) All Pennants shall be kept in good repair and remain securely attached in such a manner to withstand wind loads (4) Pennants shall not be attached to any utility or traffic control device pole located within a right-of- way or project into a street right-of-way 11. Flags Flags shall comply with the following additional regulations. 1. A permit shall not be required for any Flag. A permit shall be required for a flagpole, which exceeds twenty(20)feet in height above the ground. 2 United States and State Flags shall be allowed in all zoning distncts. 3 Company logo flags shall be allowed In all zoning districts except for AG, R-1, R-2, R-3, R-4-D, R-1-S, R- 6-T, and R-8 distncts 4 Company logo flags shall not exceed one hundred(100)square feet in area, and if flown in conjunction with United States and Texas Flags, shall not exceed area of United States and Texas flags 5 Maximum Height A flag pole shall not exceed the following heights a Twenty(20)feet in the R-7-MF zoning district b Fifteen (15) feet in the AG, R-1, R-2, R-3, R-4-D, R-1-S, R-6-T, and R-8 zoning district. 6. The maximum number of flags in any zone is limited to 4 Ordinance#2374 28 14. Sign Review Committee. A. Creation. There is hereby created a Sign Review Committee. The City Manager shall appoint at least(3) full time employees to perform as the Sign Review Committee. B Purpose. The Sign Review Committee shall review requests and plans as this ordinance may require. C. Procedure. My such requests and plans shall first be submitted to the Building Official for initial review. The Building Official shall forward same to the Sign Review Committee in no less than seven(7)working days. The Sign Review Committee shall meet as necessary. D. Decision Upon receipt of requests of plan from the Building Official, the Sign Review Committee shall reach a decision with in seven (7)working days. Except as may be indicated otherwise, decision of the Sign Review Committee is final. When indicated in this ordinance, decisions of the Sign Review Committee may be appealed to the Sign Review Board. 15 Sign Review Board. A Creation. There is hereby created a Sign Review Board. For the purpose of this Ordinance the North Richland Hills City Council shall serve as the Sign Review Board B. Meetings and Quorum. Four members of the Board shall constitute a quorum for the conduct of business The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years C. Jurisdiction. The Sign Review Board shall have the nght to inspect premises where required in the discharge of their responsibilities under this ordinance. The Sign Review Board, in specific cases, may authorize or order the following. 1 Interpretation To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters 2. Permits for Nonconformity's. To authorize a building permit for the reconstruction, extension, or enlargement of a non-conforming sign. 3. Discontinuance of Nonconformity's. To require discontinuance of non-conforming sign under the authority provided in the Texas Local Government Code 4. Variances. To authonze upon appeal, in specific cases, such vanance from the terms of this Ordinance as will not be contrary to the public interest and where, because of special conditions, the enforcement of the Ordinance would result in an unnecessary hardship D. Interpretation Request or Appeal. A request for interpretation of regulations or an appeal for vanance from a certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or Board of the City affected by a decision of the Building Official Such appeal shall be taken within fifteen (15)day's time after the decision has been rendered, by filing with the Enforcement Officer a notice of appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all papers constituting the record upon which the action being appealed was taken. E. Application. Before any request for an interpretation or a variance from this Ordinance will be heard by the Sign Review Board, application shall be made and duly filed by the property owner or authorized agent upon Ordinance#2374 29 the forms prescribed by the City of North Richland Hills Such application shall included, but is not limited to, the following 1. The name, addresses, and phone numbers of the properly, 2. The name, addresses, and phone numbers of the owners agent, if applicable; 3 The legal descnption of the property; 4 A brief description of the variance sought; 5 The required number of copies of a current boundary survey, plats, or plots plan of the property. The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance F. Fees. Every application for a variance shall be accompanied by a filing fee as follows Residential $100 00 and Non-residential $175 00 G Stay of Proceedings. An appeal shall stay all proceedings of the action appealed from unless the Building Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would, in the opinion of the Building Official, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record H Form of Appeal or Application. An appeal or application shall be in such form and contain such information as the Board may require under its Rules of Procedure. The required fee shall accompany it An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for heanngs until brought to completion. I. Notice of Hearing. Official written notice of public hearing on every application for a vanance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within two hundred feet of any property on which the variance is requested The notice of heanng shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the Sign Review Board. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the Sign Review Board. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered. J. Hearing 1. Upon the hearing,the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the Building Official or to the Board in public meeting 2 Any appeal or application may be withdrawn upon written notice to the Building Official. 3 The Board shall make its decision on any application within forty-five days from the time the initial hearing is held or the application will be deemed to have been denied K Decision and Voting 1 Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings The Board may act only in matters as specifically authorized by these regulations and these regulations shall be construed as limitations on the power of the Board to act. Ordinance#2374 30 i 2 Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced 3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the Building Official; to approve any vanance that the Board is empowered to grant, or to authorize the continuance or discontinuance of a non-conforming use, structure, or lot 4. A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. 5 A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the members vote on the appeal other than in the public heanng. 6. The decision of the Board shall be final L Approval of Request 1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted 2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with 3 Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty days after the Board's decision unless a greater time is requested in the application and is authorized by the Board.Any approval may be granted one emergency extension of sixty days on written request filed with the Board before expiration of the original approval Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal M Denial of Request. No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: 1. That new plans materially change the nature of the request, or 2. The permitted development of other nearby property In the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions II. Repealer Provision That, upon approval, this ordinance supersedes and takes precedence over any other sign regulation of the City of North Richland Hills, Texas. III. Violations A If the Building Official shall find any of the provisions of this Ordinance being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith Ordinance#2374 31 - ' r B. Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the Building Official or his deputy Either notice shall be effective. C In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the Building Official shall govern. IV. Penalty Clause Any person, firm or corporation vidating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed two hundred dollars for each offense Each day such violation continues to exist shall constitute a separate offense V. Severability Clause That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. VI. Effective Date This ordinance shall be in full force and effect from and after its passage PASSED AND APPROVED BY THE CITY COUNCIL THIS 15TH DAY OF MARCH 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Department Head APPROVED AS TO FORM AND LEGALITY. Attorney for the City Ordinance 42374 32 CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 03/15/99 Subject Public Hearing to Consider Proposed Landscaping Agenda Number GN 99-19 Regulations and Consider Approval of Landscaping Regulations — Ordinance No. 2375 At the work session on Monday, February 22, 1999 the details of the proposed landscape ordinance were presented. Also, numerous graphic illustrations were presented to give the City Council a visual understanding of how these changes would affect new development. The proposed ordinance was carefully developed after numerous meetings conducted by the Land Use Ad Hoc Committee, input from local businesses, residents and developers. Also, the Planning and Zoning Commission reviewed the proposals, as did other boards to provide further input on landscaping standards for North Richland Hills. The existing landscape ordinance, for the most part, is not "broken". There are several areas that need to be changed and this ordinance addresses those concerns. The major areas of concern in the existing ordinance that have addressed in the proposed ordinance are, required landscaping located only in the streetyard, parking lot landscaping, parking lot screening, and buffering requirements. Parking Lot Landscape Requirements The ordinance requires 5% of the parking lot to be landscaped. This 5% does count toward the overall 15% landscaping requirement Also, landscape parking islands have been included to require one tree per island as well as a combination of grass, shrubs, and groundcover. One landscape island shall be required for every 20 parking spaces No parking space shall be more than 100ft from a landscape island. This was presented at the work session at 75ft. This increase was added to provide additional flexibility. The option allowing for a parking space reduction in lieu of additional landscaping has been deleted in its entirety. Parking Lot Plant Material Sizes There are no additional changes regarding plant material sizes other than stating a maximum height of 30" for shrubs. Finance Review Source of Funds. Account Number Bonds (GO/Rev) _ Sufficient Funds Available Operating Budget Finance Director Other Department ead Signature ay Manager Sg)ature Page 1 of 2 CITY OF NORTH RICHLAND HILLS Parking Lot Islands — drive approach The draft ordinance presented at the work session required 10' width on each side of drive approach. We have reduced the width to 6' on each side to be consistent with the width of the required landscape islands in the parking lot. We have also clarified the length of the island on each side of the drive approach. Increase Buffer Standards for Residential/Non-residential Separation This requirement strengthens existing requirements to include one tree per 30 linear feet with 40% evergreen trees. This is in addition to a six to eight foot high masonry wall. Additional wording has been added to allow for a living wall constructed with a berm and shrubs to achieve a minimum height of 6 feet. This is only allowed when a street separates the properties. If the residential and non-residential properties abut then a masonry wall along with the planting of trees is required. Visibility Tnanole A section explaining in detail visibility triangle issues has been added to add clarity and specificity. This ordinance was finalized after the input received from the City Council. For the most part what was presented at the work session is still being recommended, with the exception of what is explained in this cover sheet The staff, consisting of those from Parks, Planning, Inspections/Code Enforcement as well as the City Manager's Office has reviewed the proposed ordinance. As a reminder this ordinance will address all new development and is not an overlay zone that addresses only certain locations in the city The staff will be available at the meeting Monday night to address any questions or concerns The ordinance, if approved, will become effective immediately and staff will quickly begin notifying applicants as well as those that have projects pending with the city. Recommendation: That the City Council conduct a public hearing then approve the Landscaping Ordinance No 2375 as proposed. CITY COUNCIL ACTION ITEM Page 2 of 2 ORDINANCE NO. 2375 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS ESTABLISHING LANDSCAPING REGULATIONS; PROVIDING FOR VARIANCES AND APPEALS FROM THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City Council has determined that the establishment of landscaping regulations is necessary to adequately protect the public health, safety, and promote the general welfare; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: THAT, the following regulations shall be the minimum standards for development within the corporate limits of the City of North Richland Hills, Texas: LANDSCAPING AND BUFFERING REGULATIONS 1. Landscaping Regulations A Purpose - These landscaping regulations provide standards and criteria for new landscaping with live plant material, and are intended to promote the value of property, enhance the general welfare, improve the physical appearance of the City, and enhance the community's ecological, environmental and aesthetic qualities. 1. It is the intent of this Section to establish requirements for the installation and maintenance of landscaping and buffering elements and other means of site improvement on existing and newly developed property in order to enhance the community's ecological, environmental and aesthetic qualities. Ordinance No 2375 2. It is the intent of this Section to reduce the negative effects of increases in air temperatures, glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated surfaces within the urban environment. 3. It is the intent of this Section to preserve and improve the natural urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification; oxygen regeneration, ground water recharge; storm water runoff retardation; and the abatement of noise, glare and heat. 4 It is the intent of this Section to safeguard and enhance property values and protect public and private investment B. Applicability - The provisions of the Landscaping Regulations contained in this Section shall apply in the following situations: 1. When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds seventy-five percent of the current appraised value of the existing structures, excluding the value of the land; or, 2. When an existing building is proposed for an addition that will increase the square footage of the existing building by thirty percent or greater; or, 3. Upon all new construction; or, 4. As a requirement of the approval of a Special Use Permit or Planned Unit Development. C. General Criteria 1. The standards contained in this Section are considered minimum standards and shall apply to the following zoning districts. MH1 (when containing two or more dwelling units); R-7-MF Multi-Family District, 0-1 Office District, LR Local Retail District; C-1 Commercial District; C-2 Commercial District; OC Outdoor Commercial District; I-1 Light Industrial District; 1-2 Medium Industrial District, and U School, Church, and Institutional District. Agricultural uses and single- family and two-family residences and their accessory buildings shall be exempt from the requirements of this Section. 2. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A Certificate of Occupancy will be issued only when the Building Official determines that all landscaping has been installed in accordance with the approved Landscape Plan. If it is determined by the Building Official that planting of live material is hindered by adverse weather conditions, an extension of time may be granted for a period of up to six months. Ordinance No 2375 2 3. Landscape Plans shall be prepared by a licensed landscape architect, certified nurseryman or master gardener. Irrigation Plans shall be designed and installed by a licensed irrigator of the State of Texas. D. Landscape Plan Required - When an application is submitted for a building permit on any site where these Landscape Regulations are applicable, the building permit application shall be accompanied by a Landscape Plan. The Building Official shall review the Landscape Plan to determine compliance with these Landscape Regulations. The Landscape Plan shall include sufficient information to determine compliance with this Section, and shall as a minimum contain the following information: 1 The date, scale, north arrow, title, and name of owner. 2 A minimum scale of not less than one-inch equals twenty feet 3. All existing and proposed buildings and other structures, paved areas, planted areas, power poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be added and/or retained on the site. 4. The location and height of all trees to be preserved or retained. 5. The location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features 6. A delineation of the designated landscaped area 7. A list of the species of all plant material to be used. 8. A list of the size and height of all plant material to be used. 9. The spacing of plant material where appropriate 10. The layout and description of irrigation system. 11. The name, address, and telephone number of the person or firm responsible for the preparation of the Landscape Plan. E Landscape Area Percentage —An area not less than fifteen (15%) of the total lot area shall be landscaped. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks. roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage. F. Landscape Setback- There shall be a landscape setback area having a minimum width of ten (10) feet adjacent to all public street rights-of-way Roof overhangs and awnings are permitted within this area as long as no conflict exists with the required landscaping. Loading areas, outside storage and outside display areas shall not encroach into the landscape setback. No parking or maneuvering areas are permitted within the landscape setback with the exception of ingress and egress drives. Ordmancc No 2375 3 G Landscape Setback- The landscaped setback shall be provided adjacent to all streets and shall contain grass, ground covers, shrubs, trees or any combination thereof, as provided herein 1. Required Trees—Within the landscape setback, one (1) two inch (2") caliper tree shall be planted per fifty (50) feet, or fraction thereof, of street frontage. Existing trees situated within the landscaped edge may be included in this calculation. Two ornamental trees may be substituted for a large tree. 2. Required Shrubs- Ten (10) shrubs, two (2) feet in height minimum, shall be planted per fifty (50) linear feet, or fraction thereof, of street frontage. 3. The required landscape setback landscaping shall not count toward required parking lot landscaping. H. Parking Lot Screening— Parking and maneuvering areas which are not screened by on-site buildings or fences shall be screened from view of public rights-of way and open space as follows 1. Screening shall be a maximum height of thirty (30 ) inches above the grade of the parking lot along and adjacent to the entire length of the parking and maneuvering area and provide a solid screening barrier using one, or a combination, of the following: a. Screening shrubs, b. Walls, and/or c. Berms 2. Screening shrubs shall be spaced a minimum of three (3) feet on center and shall be at least twenty-four (24) inches in height at the time of planting. Shrubs shall be a minimum size of three (3) gallons. Shrubs shall be planted a minimum of two feet off the back of curbs. Areas under the car bumpers shall be covered with groundcover or special paving treatments such as brick or concrete pavers. 3. Wall structures shall be masonry. There shall be a continuous concrete mow edge with a minimum of twelve (12) inches on the side of a wall facing the street right-of-way. Masonry walls shall be constructed to the standards in the Public Works Design Manual. 4 A maximum 30-inch high earth berm with 1:3 (one vertical to 3 horizontal) slopes set within a minimum twenty (20) feet wide parking lot edge shall be provided between the property line and the edge of the parking lot. The entire length of the berm shall be vegetated with live plant materials 5. Screening shall not extend into any visibility triangle. I. Landscaping Credits - Credits for trees and shrubs are intended to encourage the enhancement of the lot through additional landscaping elements. As an alternative to the required fifteen (15) percent total landscaped area, landscape credits may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than ten (10) percent of the total land Ordinance No 2375 4 area. Credits are allowed for existing or newly planted trees and shrubs, and only if the feature is maintained as a permanent element of the Landscape Plan All landscaped areas, including trees, shrubs, vines, grasses and groundcover that received landscaping credits, shall be properly maintained. If any plant material dies, such material shall be subject to replacement as specified in Paragraph J. Credits are allowed as follows' 1. Credit for Shrubs: Credit shall be allowed according to Table 1. Any plant type or species may be used in the landscaping plan. However, landscaping credit shall be allowed only for those shrubs contained in attached Exhibits. Table 1 Equivalent Landscape Area for Shrubs Height of Shrubs Above Equivalent Landscaped Finished Grade, When Planted Area Credits (square feet) 1' 10 sq. ft. 2' 15 sq. ft. 3' 20 sq. ft. 4' 25 sq ft 5' and above 30 sq. ft. 2. Credit for Trees: Credit shall be allowed according to Table 3. Any plant type or species may be used in the landscaping plan. However, landscaping credit shall be allowed only for those trees contained in Exhibits. Table 3 Equivalent Landscape Area for Trees Caliper of Trees at 12-inches Equivalent Landscaped Above Grade, When Planted Area Credits (square feet) 1" 200 sq. ft. 2" 400 sq. ft 3" 600 sq. ft 4" 800 sq ft 5" 1,000 sq ft 6" and above 1,200 sq. ft. J. Maintenance of Landscaping -All landscaping and related maintenance shall be the responsibility of the property owner. The following minimum standards shall be required. Ordnance No 2375 5 1 All required landscape areas shall be permanently maintained and shall be irrigated with an automatic conventional irrigation system equipped with rain and freeze sensor controls. The irrigation system shall be installed by a licensed irrigator or master plumber 2. Irrigation systems may be buried on public street right-of-way; however, the City or any franchised utility will not be responsible for damage to any landscaping material or equipment while performing repairs of maintenance to its system. 3. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants that are not a part of the landscaping. 4. All plant materials shall be maintained in a healthy and growing condition as appropriate for the season of the year. The property owner is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed. 5. Plant materials which die shall be replaced by the owner within a six-month period with plant material of similar variety and size. K. Landscaping of Parking Areas It is the intent of this Section to encourage the design and construction of parking areas in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space. It is also the intent of this Section to aid in the abatement of noise, glare, and heat associated with large expanses of hard paved surfaces and motor vehicles. Parking areas shall be landscaped in accordance with the following regulations: 1. Definitions a. Large Island- An island with a minimum dimension of six (6) feet by twelve (12) feet with a minimum of one tree. b. Small Spot Islands- An island with a minimum dimension of six (6) feet by six (6) feet square, or six (6) feet circular Small spot islands are limited to a maximum of sixty percent of the total number of islands combined. A minimum of one tree is required per spot island. 2. Parking Lot Plant Material Sizes- The following minimum plant material sizes apply at time of planting' a. Large Tree-Minimum 2 inch caliper b. Ornamental Tree—Minimum 4 foot high c. Large Shrub- Minimum 3 feet high d. Small Shrub-Minimum 3 gallon e. Groundcovers-Minimum 4inch pot Ordinance No 2375 6 3. All landscaping within the parking lot shall be located within a landscape island. The island shall be delineated from the surrounding paved area by a curb or barrier of not less than six inches in height around the perimeter of the island. The curb or barrier shall be constructed of masonry or concrete Each island shall be located entirely within the confines of the parking and maneuvering area. 4. One large tree shall be planted for every twenty (20) parking spaces. No parking space shall be located more than one hundred (100) feet from a landscaped island. All landscape islands shall be landscaped with at least groundcover. No more than one-half of the required landscape island shall be planted in a mix of shrubs and groundcover. Trees required by this section shall be located within an island in the interior of the parking lot. 5. Each drive approach for a property shall be constructed with parking entrance islands on each side of the driveway. The parking entrance islands shall be constructed perpendicular to the property line. The parking entrance island shall commence at the termination of the required landscaped setback and extend into the property. The parking entrance island shall be eighteen feet (18') in length and six feet (6') wide. The long dimension shall be perpendicular to the landscape setback. The landscape entrance island shall be planted with shrubs placed at three-foot (3') centers. The minimum height of the shrubs upon planting shall be twenty—four (24) inches. The maintained height of the required shrubs shall be thirty (30) inches. 6. Landscape islands - shall be irrigated as required by this Section. Irrigation of all landscaped area adjacent to any parking and/or driving surfaces shall be installed such that a minimum amount of water is applied to parking and/or driving spaces. 7 All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall be set back two and one-half feet from any curb and/or curb stops placed where vehicles may face. 8. All parking lot areas must have at least 5% of the parking lot landscaped. This percentage counts toward the overall landscape requirement for the lot For any larger existing trees located in the parking area, which are being retained and incorporated into the Landscape Plan, an appropriate aeration system or an alternative method of protecting the trees must be provided and detailed in the Landscape Plan. At least three-fourths of the tree dripline area must be in a permeable area. L. Conflict with Traffic— Landscape plantings shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. All landscape plantings shall comply with any applicable Visibility Sight Triangles as provided for in these regulations. M. Visibility Triangle - No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching Ordinance No 2375 7 motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between thirty inches and nine feet above the average curb grade The placement of utility poles or traffic control devices shall be regulated the Public Works Director. 1. Street Intersections a. On corner lots where two residential streets intersect or where a residential street intersects with a C-2-U Collector Street, or larger, the triangular area shall be formed by the greater of either: 1) Extending the two curb lines from an imaginary point of intersection a distance of thirty feet and connecting these points with an imaginary line, thereby making a triangle, or 2) Extending the property lines, from their point of intersection, a distance of ten feet and connecting these points with an imaginary line, thereby making a triangle. b. On corner lots where two C-2-U Collector streets intersect, or where a C-2-U Collector street intersects with a C-4-U Collector street, or larger, the triangular area shall be formed by the greater of either. 1) extending the two curb lines from an imaginary point of intersection a distance of thirty-five feet and connecting these points with an imaginary line, thereby making a triangle, or 2) Extending the property lines, from their point of intersection, a distance of fifteen feet and connecting these points with an imaginary line, thereby making a triangle. c. On corner lots where two C-4-U Collector streets, or larger, intersect, the triangular area shall be formed by the greater of either: 1) extending the two curb lines from an imaginary point of intersection a distance of forty feet and connecting these points with an imaginary line, thereby making a triangle, or 2) Extending the property lines, from their point of intersection, a distance of twenty feet and connecting these points with an imaginary line, thereby making a triangle. d In cases where streets do not intersect at approximately right angles, the Public Works Director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. 2. Driveway Intersections Ordinance No 2375 8 No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between thirty (30) inches and nine (9) feet above the average curb grade. Where a driveway intersects with a one-way street, a visibility triangle is only required on the on-coming traffic side of such driveway, unless traffic safety considerations dictate otherwise 2. Buffer Yard Regulations A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering between zoning districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between different uses that may be considered incompatible. B Buffer Yard Between Zoning Districts Required For any non-residential or multi- family construction which abuts a single-family or two-family residential zoning district or agricultural zoning district, there shall be a buffer yard of live plant material for the entire width and distance along which the development abuts the residential district. The buffer yard shall be of a width as required in Table 5. This green belt is included in the overall calculation of the percentage of required landscaping. Table 5 Width of Required Buffer Yard Zoning District Width of Buffer Yard R-7-MF Multi-Family Residential 10 feet 0-1 Office 10 feet LR Local Retail 10 feet C-1 Commercial 10 feet C-2 Commercial 10 feet OC Outdoor Commercial 15 feet I-1 Light Industrial 15 feet 1-2 Medium Industrial 15 feet U Church, School and Institutional 15 feet Ordinance No 2375 9 C. Buffer Requirements 1.Multi-Family zoning adjacent to Single Family zoning- Multi-family zoning adjacent to single family zoning shall provide the following: a. A masonry screening wall not less than six (6) feet nor more than eight (8) feet in height. b. A minimum of one large tree planted per each 30 linear feet of buffer area; c. A minimum of 40 percent of large trees shall be evergreen. 2. Non-residential zoning Adjacent to Residential - Non-residential zoning adjacent to residential zoning shall provide the following: a. A masonry screening wall not less than six (6) feet nor more than eight (8) feet in height. b A minimum of one large tree planted per each 30 linear feet of buffer area. c. A minimum of 40 percent of large trees provided shall be evergreen. 3. Non-residential zoning adjacent to residential zoning and separated by a street shall provide the following: a. The rear, service side and/or loading docks of the non-residential zone shall comply with the requirement of this section. b. The rear, service side and/or loading docks shall be screened from view by a masonry screening wall not less than six (6) feet nor more than eight (8) feet in height. c. The rear, service side and/or loading docks shall be provided a buffer yard as required by Table 5. d The buffer yard shall contain one large tree per each lineal feet of buffer area. A minimum of 40% of the required trees shall be evergreen. e. In lieu of the masonry-screening wall, a combination of screening shrubs and berms may be constructed to the minimum six-foot height. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slopes. The entire length of the berm shall be vegetated with live plant material. 3. Landscape Review Board A. Creation: There is hereby created a Landscape Review Board. For the purpose of this Ordinance, the members of the City Council shall serve in the capacity of the Landscape Review Board B. Meetings and Quorum: Four members of the Board shall constitute a quorum for the conduct of business. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years. Ordinance No 2375 10 C. Jurisdiction: The Landscape Review Board shall have the right to inspect premises where required in the discharge of their responsibilities under this ordinance The Landscape Review Board, in specific cases, may authorize or order the following: 1. Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of this ordinance by the Building Official. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like matters. 2. Permits for Nonconformities: To authorize, when applicable, a building permit for the reconstruction, extension, or enlargement of an existing structure in which the landscaping is non-conforming within the requirements of this Ordinance. 3 Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest and where, because of special conditions, the enforcement of the Ordinance would result in an unnecessary hardship. D. Interpretation Request or Appeal: A request for interpretation of regulations or an appeal for variance from a certain provision of this ordinance may be taken by any person aggrieved or by any officer, department, or Board of the City affected by a decision of the City Building Official Such appeal shall be taken within fifteen (15) day's time after the decision has been rendered, by filing with the Building Official a notice of appeal specifying the grounds thereof. The Building Official shall transmit to the Board all papers constituting the record upon which the action being appealed was taken. E. Application Before any request for an interpretation or a variance from this Ordinance will be heard by the Landscape Review Board, application shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the City of North Richland Hills. Such application shall included, but is not limited to, the following: 1 The name, address, and phone numbers of the property, 2. The name, address, and phone numbers of the owner's agent, if applicable; 3. The legal description of the property; 4. A brief description of the variance sought; 5. The required number of copies of a current boundary survey, plat, or plot plan of the property. The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance. Ordinance No 2375 F. Fees: Every application for a variance shall be accompanied by a filing fee as follows- $175.00. G Stay of Proceedings: An appeal shall stay all proceedings of the action appealed from unless the City Building Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would, in the opinion of the City Building Official, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record. H Form of Appeal or Application: An appeal or application shall be in such form and contain such information as the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion. I. Notice of Hearing: Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within two hundred feet of any property on which the variance is requested. The notice of hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the Landscape Review Board. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the Landscape Review Board. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered. J. Hearing: 1. Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the City Building Official or to the Board in public meeting. 2. Any appeal or application may be withdrawn upon written notice to the City Building Official. 3. The Board shall make its decision on any application within forty-five days from the time the initial hearing is held or the application will be deemed to have been denied. K. Decision and Voting: Ordinance No 2375 �? • 1. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The Board may act only in matters as specifically authorized by these regulations and these regulations shall be construed as limitations on the power of the Board to act 2. Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced. 3. The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the City Building Official; to approve any variance that the Board is empowered to grant; or to authorize the continuance or discontinuance of a non-conforming use, structure, or lot. 4. A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. 5. A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing. 6. The decision of the Board shall be final. L. Approval of Request: 1. In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted. 2. When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with. 3. Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty days after the Board's decision unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one emergency extension of sixty days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the Ordinance No 2375 13 authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal. M. Denial of Request. No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: 1. That new plans materially change the nature of the request, or 2. The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions 4. Violations A. If the Building Official shall find any of the provisions of this Ordinance being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith. B. Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the Building Official or his deputy. Either notice shall be effective C. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare D. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the Building Official shall govern. II. Repealer Provision That, upon approval, this ordinance supersedes and takes precedence over any other landscaping regulation of the City of North Richland Hills, Texas. III. Penalty Clause Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum Ordinance No 2375 14 not to exceed two hundred dollars ($200 00) for each offense. Each day such violation continues to exist shall constitute a separate offense. IV. Severability Clause That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. Effective Date This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 15th DAY OF MARCH 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT. Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No 2375 15 CITY OF -- -- NORTH RICHLAND HILLS '•,Department Communications Department Council Meeting Date 3-15-99 GN 99-20 Subject Transfer Cable Television Franchise Agreement to Agenda Number Charter Communications — Ordinance No. 2373 For more than eight months, the City of North Richland Hills and a consortium of 21 surrounding cities, including the City of Fort Worth, have been meeting with representatives of Charter Communications on the franchise transfer from Marcus Cable. The consortium has reached an agreement, subject to Council approval, that imposes some of the strictest penalty guidelines in the nation Customer service and related problems were identified as the major concerns of all customers in the 21 cities. These issues have been thoroughly addressed to the extent permitted by the Federal Communications Commission in this agreement. On February 17, Charter Communications requested that the cities in the consortium expedite approval by moving the approval date to March 15, 1999 in order to meet a bond rating deadline they are facing. Since this request was made too late to add to the previous agenda, it is being brought forth for consideration on this agenda The Council is under no obligation to approve the transfer at this time, but if it does not approve, it must deny the transfer. If the Council simply takes no action by March 15, 1999 the transfer is automatically approved as written. Ordinance No. 2373 approves and accepts the transfer and its terms. Attachments: Major Points — Marcus Cable Transfer of Ownership Acceptance Agreement Detailed Transfer Acceptance Agreement Recommendation: That Ordinance No. 2373, accepting the terms of the Marcus Cable TV Transfer, be approved. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other Finance Director Department He d Signature City Mana er Signature NORTH RICHLAND HILLS ORDINANCE NO 2373 AN ORDINANCE AMENDING ORDINANCE NOS. 1862 AND 2066, GRANTING CONSENT TO THE TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES, L.L C TO PAUL G ALLEN; AND APPROVING AN ACCEPTANCE AGREEMENT WHEREAS, the City of North Richland Hills granted a cable television franchise to Sammons of Fort Worth, Inc ("Sammons")pursuant to Ordinance No 1862, as amended; and WHEREAS, the City's Ordinance No 2066 consented to the transfer and assignment of the Franchise and the cable television system in the City from Sammons to Marcus Cable Associates, L P subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated November 1, 1995. (The foregoing ordinances and the Acceptance Agreement of November 1, 1995 are hereinafter referred to collectively as the"Franchise"), and WHEREAS, performance of the obligations of the Franchise by Marcus Cable Associates. L P was unconditionally guaranteed by Marcus Cable Operating Company, LP . Marcus Cable Company, L P and Marcus Cable Properties, L P., and WHEREAS, Marcus Cable Associates, L P has convened to a Delaware limited liability company named Marcus Cable Associates, L L.0 , which is the current grantee under the Franchise, and WHEREAS, the other Marcus entities that are guarantors of the performance of the Franchise have also convened to Delaware limited liability companies respectively named Marcus Cable Operating Company, L L C ("MCOC"), Marcus Cable Company, L.L.0 ("MCC") and Marcus Cable Properties, L L.0 ("MCPLLC"); and WHEREAS, Marcus Cable Associates, L.L.C. is a wholly owned subsidiary of MCOC which is in turn a wholly owned subsidiary of MCC; and WHEREAS, Charter Communications Holdings, L L.0 , a Delaware limited liability company ("CC Holdings ) is or will be the sole owner of MCC; and WHEREAS, CC Holdings is or will be wholly owned by the following entities. MCPLLC. Vulcan Cable, Inc , a Washington corporation ("Vulcan"), Vulcan Cable II, Inc., a Washington corporation ("Vulcan II"). and Charter Communications, Inc. ("Charter"); and WHEREAS, MCPLLC is owned 74.36% by Marcus Cable Properties, Inc , a Delaware corporation("MCP Inc ") and 25.64%by Vulcan, and • WHEREAS, Paul G Allen is the sole owner of MCP Inc , Vulcan and Vulcan II and owns 93 25°0 of Charter, and Allen thereby controls Marcus Cable Associates, L.L.0 , the grantee under the Franchise, and WHEREAS, Vulcan is the Manager of MCC pursuant to First Amendment to Operating Agreement dated as of August 25, 1998; and WHEREAS, Charter is managing Marcus Cable Associates, L.L.0 pursuant to a Management Consulting Agreement dated as of October 6, 1998; and WHEREAS, the ownership and control structure as it will exist after the transfer of control is shown in Exhibit A, and WHEREAS, the transfer of control of Marcus Cable Associates, L L.0 to Allen, the restructuring of the Marcus and Charter cable businesses, and the management of Marcus Cable Associates, L L C. by Charter are hereinafter referred to collects ely as the "Transaction"; and WHEREAS, MCPLLC and Vulcan submitted an Application for Franchise Authority Consent on FCC Form 394 prof iding certain information with respect to the parties and the proposed transfer. and WHEREAS, MCPLLC. Charter and Vulcan submitted additional information and documents relating to the Transaction and its effect on the provision of cable television service within the City in response to requests of the City, and WHEREAS, the City is relying upon the foregoing information and documents in acting upon the Application for Franchising Authority Consent; and WHEREAS. the City intends to consent to the Transaction, subject to acceptance by Marcus Cable Associates, L L.C., MCP Inc., CC Holdings, Charter, Vulcan and Vulcan II of the terms and conditions set forth herein, having determined that such consent is in the best interest of and consistent with the public necessity and convenience of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1. The City does hereby consent to the Transaction, including the transfer of control of the Franchise and the cable television system from Marcus Cable Associates, L.L.0 to Paul G Allen, subject to execution by Marcus Cable Associates, L.L.C., MCP Inc., CC Holdings. Charter, Vulcan and Vulcan II of an Acceptance Agreement in the form attached hereto and incorporated herein as Exhibit I, and subject to execution by Paul G Allen of an Agreement in the form attached hereto and incorporated herein as Exhibit 2 Section '_ To the e\tent that this ordinance or the attached Acceptance Agreement and Agreement modify any of the terms and conditions of Ordinance Nos 1862 or 2066 said ordinances are hereby amended Except as hereby amended, the provisions of Ordinance Nos 1862 and 2066 shall remain unchanged Section 1 This ordinance shall be In full force and effect from and after its passage. publication and written acceptance as aboYe specified, provided however, that this ordinance shall expire and be of no further force and effect on October 31, 1999 if the entire Transaction has not been consummated by that date Adopted this _ day of , 1999 Mayor Attest Cm Secretary Appro'ed as to Form and Legality- City Attorney ODMA PCDOCS GRA 263'18 I NORTH RICHLAND HILLS MAJOR POINTS—MARCUS CABLE CHANGE OF OWNERSHIP The ordinance and agreements approve the change of ownership of Marcus, with substantial protections for the city and its residents as follows: • Ownership changes to companies owned by Paul Allen (co-founder of Microsoft). Name may change to Charter communications • Detailed customer service provisions– 16 pages long. Key points include: • Strict standards on answenng phones,responding on service calls and the like • Customer service available 24 hours/day, 7 days/week • Phone calls answered in 30 seconds 90%of the time • Respond to service interruptions within 24 hours • Must meet FCC signal quality standards • Service calls on time or customer gets $20 • Monthly, quarterly reports on compliance with standards • Liquidated damages for failure to submit reports, meet phone, service call standards • Generally SI/subscriber for first violation, $2 second violation, $3 third violation, with $5,000 minimum • Damages assessed the City • Requirement of local office reaffirmed, open 8-5 Mon-Fn, plus 8 additional hours/week • Some assurances of continuity of management team which has corrected Marcus' recent major problems • High speed Internet service over cable system authorized • Marcus intends to provide same soon (already providing in some areas on limited basis) • Free high speed Internet service to libraries, 3 City buildings • Rate increases limited to once per year • Strengthened protections for City against future changes in control of Marcus • Guarantee of cable franchise, related documents,by parent companies of Marcus • Several current franchise violations, disputes with Marcus, resolved in City's favor • Funding provided for City, schools to upgrade cameras and equipment to new High Definition Television Format when 50 channels switch to that format • Reimbursement of City's costs related to transfer, getting problems corrected • Fiber Optic communications network at an Incremental Cost for city-owned Facilities and Schools NORTH RICHLAND HILLS AGREEMENT Paul G. Allen, as transferee of ultimate control of Marcus Cable Associates, L L C makes the following agreement for the purpose of accepting an ordinance of the City of North Richland Hills ("City") consenting to the transfer of control of the cable television franchise in the City and the restructuring described in an Acceptance Agreement dated , 1999. Capitalized words and phrases in this Agreement have the meaning set forth in the Acceptance Agreement. L Covenants Binding. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Allen. 2. Acknowledgment Allen acknowledges that the transfer of control and restructuring are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations provided therein, and that the consent of the City to the Transaction does not constitute a wan er or release of any rights of the City 3. Reliance: Allen acknowledges that the City has consented to the Transaction in reliance upon the representations, documents and information provided by Company, Charter, Vulcan and Allen, all of which are incorporated herein by reference. 4. Alleged Prior Defaults Allen agrees that he will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546(c)(1)(A) (Communications Act of 1934, Section 626(c)(1)(A) (collectively"Defaults") which may have occurred prior to the Transaction are waived, including but not limited to the following: 4.1. The ability of the City to obtain redress for alleged prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for penods prior to the Transaction. 4 2 The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past 4 3 The ability of the City to consider alleged Defaults occurring prior to the Transaction in connection uuh any renew al or nonrenewal of the Franchise. 4.4 This Section 4 is without prejudice to Company contending that an alleged default or failure to comply either did not occur or has been cured. 5 Continuity of Management. Allen acknowledges that (a) at the time of submission of the Form 394 subscnbers residing in the City were experiencing serious and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen has caused the City to be informed that he intends to keep the present Charter management team in place. 5.1. Allen agrees that if there is any substantial change in Charter's senior management pnor to December 31, 2001, then (a) Allen or William D. Savoy, and (b) a top officer of Charter, upon request, will appear in person in a public forum in Tarrant County, Texas (to be held jointly with other cities with whom Allen has made a similar agreement) in advance of the change for the purpose of explaining the change and answering questions. "Substantial change" for purposes of this Section means a change of the CEO of Charter or the senior executive reporting to him or her who is responsible for the systems in Texas managed by Charter. Date: Paul G. Allen !um n D)Cs GRR 203'36 I NORTH RICHLAND HILLS ACCEPTANCE OF TERMS AND CONDITIONS TO TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") This Acceptance Agreement dated as of , 1999 relates to a cable television franchise granted by the City of North Richland Hills ("City") in Ordinance No. 1862 as amended by Ordinance No. 2066 and an Acceptance Agreement dated November 1, 1995. The foregoing ordinances and the 1995 Acceptance Agreement are hereinafter referred to collectively as the "Franchise." Marcus Cable Associates, L.L.C., formerly Marcus Cable Associates, L.P., is the current grantee under the Franchise and is referred to herein as "Company". Company is a wholly owned subsidiary of Marcus Cable Operating Company, L.L.C. Marcus Cable Operating Company, L.L.C. is a wholly owned subsidiary of Marcus Cable Company, L.L.C. Marcus Cable Company, L.L.C. is in turn wholly owned, directly or indirectly,by Marcus Cable Properties, Inc. ("MCP") and Vulcan Cable, Inc., a Washington corporation ("Vulcan"). MCP and Vulcan are wholly owned by Paul G. Allen ("Allen"). The following matters are the subject of this Acceptance Agreement: • Vulcan will become the Manager of Marcus Cable Company, L.L.C. pursuant to First Amendment to Operating Agreement dated August 25, 1998. • Allen has acquired 93.25% ownership of Charter Communications, Inc., ("Charter"), a Delaware corporation that indirectly owns all of the Charter cable television operating entities. Charter has been conducting the day-to-day operations of Company pursuant to a Management Consulting Agreement dated as of October 6, 1998. • Charter Communications Holdings, L.L.0 ("CC Holdings"), a Delaware limited liability company, owns or will own 100% of Marcus Cable Company, which will continue to own 100% of Marcus Cable Operating Company, L.L.C., which in turn owns 100% of Company and 100% of all other Marcus cable television operating entities. CC Holdings will also have indirect 100% ownership of all Charter cable television operating entities. • CC Holdings will be 100% owned directly or indirectly by MCP, Vulcan, Charter and Vulcan Cable II, Inc. ("Vulcan 11"), a Washington corporation. Allen owns 100% of Vulcan II in addition to his ownership of 100% of MCP and Vulcan and 93.25% of Charter. Vulcan, Vulcan II, Charter,CC Holdings,MCP and Marcus Cable Associates, L.L.C. make this agreement for the purpose of accepting an Ordinance of the City consenting to the transfer of control of the franchise to Allen and the restructuring set forth above, including management of Company by Charter. The structure of ownership and control as it will exist after the transfer of control and the restructuring is set forth in Exhibit A attached hereto. The transfer of control of Company to Allen and the foregoing restructuring, including Charter's management of Company, are referred to collectively herein as the Transaction. 1. Covenants Binding: The promises,covenants,and conditions contained herein inure to the benefit of the City and are binding on MCP, Charter, Vulcan, Vulcan II, CC Holdings and Company. 2. Acknowledgment: CC Holdings, MCP, Charter and Vulcan acknowledge that the transfer of control and restructuring are expressly subordinate to and will not affect the binding nature of the Franchise and the obligations provided therein, and that the consent of the City to the Transaction does not constitute a waiver or release of any rights of the City. 3. Reliance: Company, CC Holdings, MCP, Charter and Vulcan acknowledge that the City has consented to the Transaction in reliance upon the representations, documents and information provided by Company, Charter and Vulcan, all of which are incorporated herein by reference. 4. Customer Service. Company will comply with the customer service and consumer protection provisions set forth in Exhibit B. 5. Prior Defaults. Company, MCP, Charter, Vulcan and CC Holdings agree that they will not contend directly or indirectly that any defaults or failures to comply with the franchise or other matters set forth in 47 USC § 546(c)(1)(A) (Communications Act of 1934, Section 626(c)(1)(A) (collectively "Defaults") occurring prior to the Transaction are waived, including but not limited to the following: 2 5.1 The ability of the City to obtain redress for prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 5.2 The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. 5.3 The ability of the City to consider Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 5.4 This Section 5 is without prejudice to Company, MCP, Vulcan or CC Holdings contending that the default or failure to comply has been cured. 6. Validity of Franchise. Charter, MCP, CC Holdings and Vulcan accept and agree to be bound by the terms and conditions of the City Charter, the Franchise and all ordinances applicable to Company's operations after the transfer. Charter, MCP, CC Holdings, Vulcan and Company do not contend that any provision of the Franchise is unlawful or unenforceable, nor are they aware of any ordinance or any provision in the City Charter which they contend is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 7. Franchise for Cable Only. Company, MCP, CC Holdings, Charter and Vulcan acknowledge that the Franchise is granted solely for the provision of Cable Service including services described in Section 12. 8. Service and Eauinment for Public Facilities. 8.1 Following the transfer of control, Charter, MCP, CC Holdings and Vulcan will cause Company to continue to provide the same installations and service without charge to public facilities being provided at the present time, but in all events no less than is required by the Franchise, this Acceptance Agreement or any applicable city ordinance. 3 8.1.1 Company will provide funds toward the cost of new character generators or similar equipment in accordance with Schedule 8.1.1 attached hereto. Company's total obligation under this Section 8.1.1 for the City and all other municipalities which have acted with the City in the consent process shall not exceed $75,000. 9. Access to Records: The records and reports of the franchise grantee which are to be submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Charter, Vulcan, CC Holdings and their Affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise,FCC rules or state or local law,or to insure compliance with the Franchise or this Acceptance Agreement. 10 Transaction Transparent to Rates: CC Holdings, Charter,MCP, Company and Vulcan acknowledge that unless expressly provided elsewhere in this Acceptance Agreement(a) the transfer, the consent process, the City's action granting consent, and this Acceptance Agreement and the terms hereof(other than Sections 18.2, 21.1 and 21.2) do not provide any basis for increasing the amounts paid by subscribers through cost pass-through as so-called "external costs" or as new franchise requirements, (b) the consent process, action, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner, and (c) Company will not separately itemize costs or franchise requirements arising from this Acceptance Agreement on subscriber bills. 11. This Section left blank. 12. Cable Modem. High-Speed Data and Internet Services. The Federal Telecommunications Act of 1996 modified the definition of"cable services" in the Federal Cable Act (Title VI of the Communications Act of 1934, 47 USC Section 115 and following). The change addresses cable companies' ability to provide Enhanced, Advanced Cable Services over a Cable System as a cable service (and not as a telephone service, with accompanying telephone regulation.) The Franchise predates and does not reflect this legislative change. Company intends to provide Enhanced, Advanced Cable Services where economically feasible. 4 12.1 To remove any uncertainty on Company' authority to provide Enhanced, Advanced Cable Services the parties agree that Company has the authority to provide Enhanced,Advanced Cable Services under the Franchise and that the revenues therefrom shall be included in gross revenues for the purpose of computing and paying cable franchise fees. 12.2 If Company provides any Enhanced, Advanced Cable Services to residential subscribers within the City, then without any initial or ongoing charge it shall provide the City cable modems and associated access to the Internet with a speed of up to 250 kbs. Such modems and service shall be provided to each City library located within City and to three (3) additional locations specified by the City in City buildings. 13. System Upgrade. If Company has scheduled an upgrade of Company's facilities in the City that has not yet been completed, the estimated completion date is shown on Schedule 13. Company, CC Holdings, MCP, Charter and Vulcan agree that the Transaction will not adversely affect the scope or timing of the upgrade. 14. Continuity of Management. Company, CC Holdings, MCP, Charter and Vulcan acknowledge that (a) at the time of submission of the Form 394 subscribers residing in the City were experiencing serious and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen and Charter have informed the City that they intend to keep the present Charter management team in place. Until the Transaction is completed, Charter will continue to manage Company and the cable television system in the City. 15. Frequency of Rate Increases. Company will not file a submission to increase its rates for basic cable service, equipment, or service calls regulated by the City more than once in each calendar year. 16. Other Matters. 16.1 Conflict: In the event of any conflict between the terms of this Acceptance Agreement and the Franchise or any City Ordinance, that 5 provision which provides the greatest benefit to the City, in the opinion of the City Council, shall prevail. 16.2 Waivers: The parties hereto will join the City in obtaining from the FCC any waivers or other relief from time to time necessary to effectuate the provisions of this Acceptance Agreement. 16.3 Null and Void: At the City's option this Acceptance Agreement and the City's consent to the Transaction shall become null and void in either of the following circumstances. Such option may be exercised prior to completion of the Transaction by the City giving written notice to Company and Vulcan at the addresses designated in the Form 394. 16 3.1 If the transfer of control of the Franchise or any other part of the Transaction is not completed on or before October 31, 1999. 16.3.2 If the Management Consulting Agreement dated as of October 6, 1998 pursuant to which Charter is directing the management of Company is terminated or if Charter's control over Company's operations is materially reduced. 16.4 Costs: Vulcan will cause the City to be reimbursed for its reasonable expenses in connection with the consent process including publication costs and fees of consultants and attorneys. Such reimbursement shall not exceed the aggregate amount of $275,000 plus publication costs for the City and the other municipalities which have acted with the City in connection with the consent process. Reimbursement of costs and fees under this provision shall not be considered a payment of franchise fees, shall not be passed through to subscribers and is subject to the provisions of Section 10. 16.5 Venue and Choice of Law: Venue of any suit under or arising out of this Acceptance Agreement shall be exclusively in Tarrant County, Texas or in the United States District Court for the Northern District of Texas. This Acceptance Agreement shall be construed in accordance with the laws of the State of Texas. 6 16.6 Treatment of Liquidated Damages: Company, CC Holdings, MCP and Vulcan acknowledge and agree that liquidated damages under this Acceptance Agreement (including its Exhibits) and the Franchise do not constitute franchise fees, do not reduce the amounts otherwise payable as franchise fees, and will not be passed through to subscribers. 16.7 Y2K Compliance: By September 30, 1999 Company will become Y2K compliant and will establish and provide the City with a copy of a contingency plan to prevent disruption of mission critical components including customer service matters. 16.8 Wire Maintenance Fee: Company has announced its intention to discontinue the 99¢ optional wire maintenance fee program that Company first implemented in 1998 ("Current Fee") and offer in its place an optional program covering maintenance of both telephone and cable wires for a monthly fee of approximately 990 ("New Program"). 16.8.1 If this occurs during or before March 1999: (a) the City will not seek to obtain refunds of amounts collected under the Current Fee; (b) if the City has adopted a Rate Order with respect to the Current Fee, the Rate Order will be deemed to be withdrawn; and (c) if there is a proceeding pending before the FCC with respect to such a Rate Order Company and the City will jointly request termination of the proceeding. 16.8.2 The City will not challenge the New Program during 1999 if the monthly charge remains under $1.00. 16.9 Rate Orders: Unless a final order of the FCC (affirmed on appeal if an appeal is taken) determines that franchise authonty rate orders are automatically stayed by the filing of an appeal to the FCC, Company will implement each rate order adopted by the City unless and until Company obtains an order of the FCC or a court of competent jurisdiction staying the effectiveness of the rate order. Company will reimburse all attorneys fees and other expenses incurred by the City as a result of a violation of this Section 16.9. 7 16.10 Franchise Fee Calculation: Company will comply with the decision of the United States Court of Appeals for the Fifth Circuit in City of Dallas v FCC, 118 F3d 393 (1997). 16.10.1 Company will pay the additional franchise fees due under the Fifth Circuit decision with interest and without pass-through to subscribers for the time period from September 1997 until Company implemented the decision. 16.10.2 Company will also pay the additional franchise fees due under the Fifth Circuit decision for the period of time from the FCC's decision in United Artists Cable of Baltimore, 10 FCC Rcd. 7250(1995)to September 1997 together with interest thereon. Company may pass through payments under this Section 16.10.2 to subscribers (other than interest) if and to the extent Company reduced its charges to subscribers as a result of the FCC's decision. 17. Institutional Network : Company shall provide, construct, operate and maintain an Institutional Network (excluding coders/decoders, interface and other terminal equipment which will be supplied by Users) that will provide the City and other I-NET Users with Institutional Network Services. The I- NET shall be as set forth below. Unless the City agrees otherwise in writing, the I-NET, including the individual fiber optic fibers constituting all or a portion of it, shall be owned and maintained by Company but provided for the exclusive use of the City and other I-NET Users and shall be provided without any charge to the City or I-NET Users. 17.1 Detailed specifications for the I-NET and the locations to be served are set forth on Exhibit 17. 17.2 Company shall install and terminate additional fiber optic pairs ("Incremental I-NET Fiber")in Company's future new and replacement fiber optic installations for use as an I-NET as follows. 17.2.1 City will inform Company in writing from time to time of the additional facilities it would like to have served by an I-NET. 8 Company will use such information in its plans for future fiber installations,where(for example)one routing will pass a facility City would like to have served and another(of comparable cost) would not. 17.2.2 By January 31 of each year Company will provide City with its conceptual plans for new and replacement fiber optic construction for that calendar year. 17.2.3 Company will also provide City from time to time during the year with written notice of conceptual plans for any additional fiber optic construction during that year (or January of the following year). Such notice shall be provided as soon as is feasible. 17.2.4 Upon written request by City, Company will provide City with a conceptual cost estimate (and other information City may reasonably require) of installing Incremental I-Net Fiber along all or a portion of the routes that are a part of such conceptual plans. Such estimates shall be provided as soon as possible after request by City in order that City may have time to obtain approval (such as from its legislative body) to install such Incremental I-Net Fiber. 17.2.5 As to any route where City has requested a conceptual cost estimate, Company shall provide City with the final cost of installing Incremental I-Net Fiber (and such other information as City may reasonably request) as soon as Company's design of the fiber for such route is reasonably complete. City will have 30 days after receipt of the final cost figure to notify Company to install Incremental I-NET Fiber. 17.2.6 The cost of installing Incremental I-NET Fiber shall be computed on an incremental basis, meaning the difference in cost to Company of constructing and installing fiber on a given route (a) with, and(b) without, the Incremental I-NET Fiber. 9 17.2.7 Company shall be reimbursed by City for the cost of installing I-NET fibers under this Section 17.2 computed as set forth in Section 17.2.6. 17.3 I-NET Maintenance. Company shall provide I-NET Users with a reliable level of service, repair and maintenance that at a minimum, meets the following performance standards: 17.3.1 Company shall maintain a minimum of 99.5 percent service availability to I-NET Users measured over a period of one year. 17.3.2 Company shall respond to repair requests from an I-NET User for circuits identified as critical pursuant to Section 17.3.4 within 2 (two) hours of the request. Company shall respond to other repair requests within four (4) hours of the request. 17.3.3 Company shall provide ongoing maintenance at its discretion, as it deems necessary. Company shall provide at least one week advance notice to any affected I-NET User of any maintenance requiring temporary interruption of services, except in emergency situations. 17.3.4 Company and the City shall develop a mutually agreeable priority listing of critical circuits and their terminal locations. When notifying Company of service complaints, an I-NET User shall identify critical circuits requiring priority repair. Company shall escalate repair of cntical circuits to the extent reasonable under the circumstances. 17.4 Definitions. 17.4.1 Institutional Network or I-NET means the fiber optic communications network described in Section 17 and Schedule 17 to be constructed and operated by Company for the provision to I-NET Users (but not Cable Service subscribers) of Institutional Network Services. 17.4.2 Institutional Network Services means the provision of usable bandwidth capacity to I-NET Users through fiber optic lines for 10 applications including but not limited to two-way dedicated voice, data, video and telephony channels connecting and interconnecting facilities owned, leased or used by the City, schools, counties, road commissions or other units of state or local government. Other applications include but are not limited to computerized traffic control systems for coordinated traffic control on an area-wide basis; Supervisory Control and Data Acquisition (SCADA) systems for municipally owned water, sewer, gas and electric systems (including street lighting systems); interconnection of facilities serving police, fire and other public safety systems,video arraignment facilities for local courts; interconnection of government buildings for the two or one-way interchange of video signals; and local area networks or wide-area networks connecting governmental buildings, such as for GIS (Geographical Informational Systems) purposes. 17.4.3 I-NET User means and is limited to the City and any school or unit of state or local government designated by the City to receive Institutional Network Services under this Acceptance Agreement. 18. HDTV: Broadcast and cable channels are likely to convert in whole or in part to an HDTV(high definition television) format within the next few years, with channels likely being delivered in both HDTV and conventional analog formats during a transition period. The following provisions address the ability of the City to acquire additional PEG Channels such that one or more Users may have their signals simultaneously delivered by the Cable System in both an HDTV and conventional analog 6 MHz NTSC format for the transition period, and provide funds for Users to convert to an HDTV format. 18.1 Reports: Company shall provide quarterly reports to City on its plans and progress for HDTV conversion, including the number of channels to be converted, date, equipment changes, formats to be used and other information reasonably necessary for the City to be able to plan an appropriate and potentially concurrent conversion of PEG Channels and facilities to HDTV format. 18.2 Grant: After the date when Company provides at least fifty (50) channels in one or more of several high definition television (or Il successor) formats, as such formats may from time to time be adopted or in effect ("HDTV Format"), then upon request from City Company shall provide a Capital Facilities grant to City sufficient for Users to convert all their facilities and equipment (including but not limited to studios, vans, video, audio, lighting, control, storage and editing equipment)to the HDTV Format selected by City but with the amount of such grant not to exceed 300 per customer per month when amortized over Company's subscribers as of the end of the calendar quarter preceding the date when the grant is made, using straight line amortization without interest for the lesser of five (5) years or the remaining term of the Franchise. City shall allocate the grant among Users for such purpose as City deems is in the public interest. Company shall modify the cable system whereby Company receives PEG signals from each User (for redistribution on its Cable System) so as to be capable of receiving and accepting the User's signals. City shall co- ordinate with Company to ensure that the HDTV Format selected by City is compatible with the format employed by Company. 18.3 Temporary Additional PEG Channels: After the date when Company provides at least fifty (50) channels in HDTV Format, City may from time to time request, and Company shall provide, one additional PEG Channel so as to allow, to the extent deemed appropriate by City, PEG Channel simulcasting in both 6 MHz analog NTSC format and in an HDTV Format. Company need no longer provide the additional PEG Channel descnbed in the preceding sentence when Company no longer provides any channel of programming on the Cable System in 6 MHz NTSC analog format. 18.4 Allocation of PEG Channels: As of the effective date of this Acceptance Agreement City may allocate and reallocate PEG Channels as follows: City may at any time on six (6) months notice to Company allocate or reallocate the usage of the PEG Channels among and between different uses and Users. This expressly may include City removing a User or PEG Channel, replacing a User or PEG Channel, requiring several different persons to share or jointly use a given PEG Channel or conversely allowing one or more persons currently shanng such a channel to have a channel on which they are the sole User. 12 19. Leased Access and PEG Channels: The need for a PEG Channel can be removed by Company providing the User designated by City of such current or prospective PEG Channel with an otherwise identical leased access channel, so long as the leased access rate for such User is One Dollar ($1.00) per year. In the event the preceding sentence is exercised it shall be applied first to educational channels and then to public channels. If applied to such channels the channel number on which they are carried shall not be changed and such channels shall be included in the basic tier of service and shall be listed in Company's program guide or comparable listing with an appropriate description, such as "City of Fort Worth Channel" or "Fort Worth Public Schools Channel." The need for a PEG Channel is removed only so long as the User in question in fact is provided with such leased access channel. 20. Transfer. City consent in advance shall be required for a transfer of control of Company, which shall include, but is not limited to, any of the following: 20.1 Any change in limited partnership interests, non-managing limited liability company interests, or non voting stock representing thirty percent or more of the equity interests in the entity in question. 20.2 Any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration (such as compared to consideration previously provided). 20.3 Any change in the effective control of Company including that described in 47 C.F.R. § 76.501 and following (including the notes thereto but excluding footnote 20 as in effect on the date of this Acceptance Agreement. 20.4 A transfer by Paul G. Allen of any interest in MCP, Vulcan, Vulcan II or Charter other than to an entity at least 80% owned by him that assumes the guarantees provided in Section 23. 20.5 Any transfer or transfers such that the direct and indirect ownership of Allen in CC Holdings is less than 70%. 20.6 Any acquisition of more than 10% ownership of CC Holdings by a person or entity (or a group of persons or entities acting together) other than Allen or entities wholly or more than 80% owned by Allen. 13 21. Special Provisions: 21.1 Pursuant to Section 10(k) of the Franchise Ordinance Company will provide one cable modem and associated access to the Internet to the Birdsville Independent School District at the new High School at Midcities Blvd. under the terms of Section 12.2 in addition to those specified in Section 12.2. 21.2 With respect to the Citicable Channel in the City (a) Company will use its best efforts to continue the present location on channel 7 (and will pay all notice, printing and other costs in connection with any change in channel location), and (b) Company will provide the necessary equipment and facilities to allow Citicable Channel 7 and BISD channel 50 to broadcast live from the BISD Stadium/Fine Arts complex and to allow two-way audio/video capabilities. 22. Definitions. The following definitions shall apply for the purpose of this Acceptance Agreement and its Exhibits. 22.1 Affiliate means any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by,or is under common ownership or control with the entity in question. 22.2 Capital Facilities means PEG Channel and I-NET related facilities and equipment including fiber lines, studios, production facilities, vans and cameras or other property having a useful life of more than one year, as well as any expenditures which increase or add to the value of the facilities or equipment, adapt the facilities or equipment to new or different uses, or maintain, restore, extend or prolong the useful life of such facilities or equipment. 22.3 Cable Service means 22.3.1 The one-way transmission to all subscribers of (i) Video Programming, or(ii) other programming services, by which is meant information which Company makes available to all subscribers generally, such as digital cable radio service, and 14 22.3.2 Subscriber interaction, if any, including but not limited to that which is used for the selection or use of such Video Programming or other programming services, selecting from various on-screen options, use of Enhanced, Advanced Cable Services, game channels, interactive services, downloading programs or data access, or ordering merchandise, and 22.3.3 Institutional Network Services. 22.4 Cable System or System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Services to multiple subscribers within the franchised area, but such term does not include(i) a facility that serves only to re-transmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right of way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for purposes of Section 621(c) of such Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934, as amended; or (v) any facilities of any electric utility used solely for operating its electric utility system. 22.5 Enhanced. Advanced Cable Services means enhanced services, information services, Internet protocol (IP) telephony, high speed data service, Internet access and Internet service (such as that of an Internet service provider). 22.6 FCC means the Federal Communications Commission. 22.7 I-NET User has the meaning set forth in Section 17.4.3. 22.8 Institutional Network or I-NET has the meaning set forth in Section 17.4.1. 15 • 22.9 Institutional Network Services has the meaning set forth in Section 17.4.2. 22.10 PEG Channels means the public channels, educational channels and government channels provided by Company on the cable system under the Franchise,this Acceptance Agreement,or applicable ordinance, and shall include leased access channels provided pursuant to Section 19 herein. 22.11 User means a person authorized to operate or use a PEG Channel (or a leased access channel provided in lieu of a PEG Channel under Section 19) or the I-NET, and shall include City. If several persons share the operation of a PEG Channel each person shall be a separate User. 22.12 Video Programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 23. Guarantee. Marcus Cable Properties,Inc.,Vulcan Cable,Inc.,Vulcan Cable II, Inc.,Charter Communications, Inc. and Charter Communications Holdings, L.L.C. hereby jointly and severally unconditionally guarantee performance of the obligations of the Franchise and of this Acceptance Agreement by Company. Vulcan Cable, Inc. By: Vulcan Cable II, Inc By: 16 Marcus Cable Associates, L.L.C. By: Marcus Cable Properties, Inc. By: Charter Communications, Inc. By: Charter Communications Holdings, L.L.C. By: 17 0 ( \ \ \ ® � \ } f in{ \ - 2 ® » ® \ } ( § E ( \ n - ` 7 } / " ° \ : 4 { E § (\ ) ~/ m Pr\ \ � � \ � � -c \ / - ( , » ~ 3 � / / 0 { / \ , ) k ( i ) ` \ } C / \� n � � � 2n \ _\} * \ / , \ £ ` \ 9 ` °_ / ^ ([ G , n E } \ / ; ; ° t ) \ ( t : \ \ a t m -. " « ^ ® t } o / ( \ — 4__ — — — ® — . - * } : 0. { Co { ( . \ Sr\ } ng � , , pi \ ( { ` R 2 -` } al . [CO // 18 C - \ar EXHIBIT B TO ACCEPTANCE AGREEMENT CUSTOMER SERVICE AND CONSUMER PROTECTION 1. Customer Service Standards: Company shall at all times comply with the more stringent of the customer service and consumer protection provisions of this Exhibit B, the Franchise and the FCC. This requirement is in addition to the specific provisions of subsequent sections set forth below. 1.1 Company shall continue to comply with the National Cable Television Association's On-Time Customer Service Guarantee, a copy of which is attached as Exhibit B 1. The guarantee promises on-time service calls or the customer receives $20.00, and on-time installation calls or the customer receives a free installation. The $20.00 may be in the form of a credit. 1.2 Company may provide the Customer Bill of Rights of Charter to its subscribers in the City. 2. City Monitoring: In addition to free outlets, free cable service or services otherwise required by the Franchise, Company shall provide one service outlet (which shall be at the Cable Administrator's office at City Hall, unless otherwise specified by City)that shall receive without charge all programming (and any other Cable Services) provided by Company, including services of a premium, pay per view or other nature. Such service shall be provided in such a manner that City may monitor the programming and use of the cable system for compliance with the Franchise, this Acceptance Agreement, FCC technical standards,and applicable law. The services provided pursuant to this Section 2 shall be in a secure office location and not in a location open to public viewing. 3. Scrambling/Blocking: Upon completion of the planned system upgrade to 860 MHz, Company shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming. 3.1 Upon request by a subscriber, Company shall entirely block such subscriber from receiving both the audio and video portion of any channel with predominantly adult oriented programming with devices 19 such as a notch filter which prevent the frequencies containing a specific channel or channels from being transmitted into the subscriber's premises. 4. Pay Per View: Subscribers shall be given the options of(a)not having pay per view or per program service available at all or (b) only having such service provided upon the subscriber providing a security number selected by an adult representative of the subscriber. 5. Notification: Company shall provide written information on at least each of the following matters (a) at the time of installation or reinstallation of service, (b) annually to all subscribers, and(c) at any time upon request of a subscnber or the City. The information shall be dated with the printing, revision, or effective date. 5.1 Products and services offered. 5.2 Prices (rates) and options for Cable Services and conditions of subscription to Cable Service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, processing charges for late payment and other fees charged by Company. 5.3 Installation and service maintenance policies. 5.4 Instructions on how to use Cable Services, including procedures and options for pay per view, premium channels and connection to a VCR. 5.5 Channel positions of programming carried on the cable system, including a listing specific to the City showing the channel names and numbers actually available to subscribers in the City. 5.6 Billing and complaint procedures with a notice for the subscriber to initially contact Company with complaints and questions. 5.7 Applicable privacy requirements as set forth in the Franchise or provided for by law. 20 5.8 The availability of lockout devices and the ability to have a channel entirely blocked or trapped (Section 3.1). 5.9 The refunds and free service available for violations of Sections 10 and 12 and how to obtain same. 5.10 The procedure for resolving signal quality problems set forth in Section 20.2. 6. Notice of Changes: Subscribers and the City shall be notified of any changes in rates, Cable Services or channel positions as soon as possible through announcements on the cable system or in writing. Company will notify City in advance of notifying subscribers and will make every effort to notify City forth-five (45) days in advance of a change. Unless a longer time period is required by applicable law or regulation, notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Company and as soon as possible if not within the control of Company. In addition, Company shall notify subscribers and the City thirty (30) days in advance of any significant changes in the matters covered by the preceding Section 5. Notifications provided pursuant to this Section shall be dated with the printing, revision or effective date. 7. Telephone Service Standards: 7.1 Company shall have a local or toll-free telephone number available for use by subscribers toll-free twenty-four (24) hours per day, seven (7) days per week. 7.2 The local or toll-free numbers shall be listed, with appropriate explanations, in the directory published by each local telephone company and in any significant directories published by others. 7.3 Trained Company Representatives shall be available to respond to subscriber telephone inquiries twenty-four(24)hours per day,seven(7) days per week. 7.3.1 As to video service matters, the term "Trained Company Representatives" shall mean employees of Company who have the authority and capability while speaking with a subscriber to, 21 among other things, answer billing questions, adjust bills, and schedule service and installation calls. 7.4 Under Normal Operating Conditions, telephone answer time by a Trained Company Representative, including wait lime, shall not exceed thirty (30) seconds from when the connection is made. If the call needs to be transferred,the time to complete the transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. 7.5 Under Normal Operating Conditions, the subscriber shall receive a busy signal less than three percent (3%) of the time, measured on a quarterly basis. 8. Office/Home Deliverv-Pick Up: 8.1 Company shall maintain a"virtual office"within the City consisting of (a) a toll-free telephone number which all subscribers in the City can access twenty-four (24) hours per day, seven (7) days per week to register complaints or ask questions concerning Cable Service, billing matters or the cable system, (b) one or more conveniently located bill payment offices within the City (unless no location within the City is available) where subscribers can pay their bills, and (c) delivery and pickup by Company of converter boxes, remotes and similar Company- provided customer premises equipment at no charge to subscribers (excluding customer initiated disconnects). 9. Installation Standards: Under Normal Operating Conditions, installations located up to one hundred fifty (150) aenal feet from the existing distribution cable system shall be performed within seven (7) business days after an order has been placed no less than ninety-five percent (95%) of the time, measured on a quarterly basis. 10. Installations/Service Calls: The following shall apply to subscribers (current or new) requesting installations or service: 22 10.1 Installations and service calls shall be available at a minimum from 8 AM to 7 PM Monday through Saturday. Company shall at the subscriber's option either(1) schedule the subscriber to be the first call of the day or last call of the day on a first come, first served basis, (2) schedule the appointment for a date certain on a "call to meet" basis where as the service technician finishes his/her prior task, the technician calls the subscriber and arranges to meet the subscriber shortly thereafter, or(3) establish an appointment window of no more than three (3) hours with the subscriber(or adult representative of the subscriber) or another appointment window mutually agreed upon between the subscriber and Company. 10.2 Company shall respond to the request for service in accordance with the option selected by the subscriber. 10.3 Company shall not cancel an appointment with a subscriber after 5 PM on the business day prior to the scheduled appointment. 10.4 If Company's technician is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber shall promptly be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the subscriber. 10.5 In the event access to the subscriber's premises is not made available to Company's technician when the technician arrives during the established appointment window, the technician shall leave written notification stating the time of arrival and requesting that Company be contacted again to establish a new appointment window. 10.6 Notwithstanding the foregoing, if Company's technician or service representative telephones the subscriber during or prior to the appointment window and is advised that the technician will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to travel to the subscnber's premises or to leave the written notification referred to above, and the burden shall again be upon the subscriber (or adult representative of the subscriber) to contact Company to arrange for a new appointment. 23 10.7 Except as otherwise provided above,Company shall be deemed to have responded to a service or installation request under the provisions of this section when a technician arrives at the service location or is advised by telephone no access will be given. 10.8 Company's service technician or service representative shall take adequate time on each service call to address or correct the problem in question. 10.9 In the event that Company ceases to provide the NCTA On-Time Customer Service Guarantee (Exhibit Bl) a violation by Company of the provisions of this Section 10 shall automatically entitle the subscnber to one month of free basic service and (if currently purchased by the subscriber) one month of free cable programming service (as defined in 47 C.F.R. § 76.901). 10.10 Under Normal Operating Conditions, Company shall meet the standards of Section 10.1 through 10.3 no less than ninety-five percent (95%) of the time, measured on a quarterly basis 11. Service Call Charges: No charge shall be made to the subscriber for any service call relating to Company owned and Company maintained equipment after the initial installation of Cable Service unless the problem giving rise to the service request can be demonstrated by Company to have been: 11.1 Caused by negligence or malicious destruction of cable equipment by the subscriber, or 11.2 A problem established as having been non-cable in origin. 12. Service Interruptions: 12.1 Under Normal Operating Conditions, Company shall meet the standards of Sections 12.2 and 12.4 no less than ninety-five percent (95%) of the time measured on a quarterly basis. 12.2 Under Normal Operating Conditions,Company shall begin working on a Service Interruption promptly and in no event later than twenty-four (24) hours after the interruption becomes known to Company. 12.3 "Service Interruption" means the loss of picture or sound on one or more cable channels, affecting one or more subscribers. 24 12.4 Under Normal Operating Conditions, Company shall begin working on subscnber complaints involving impairment or degradation of signal quality (other than a Service Interruption) promptly and in no event later than the next business day after the problem becomes known to Company. 12.5 Company shall be deemed to have begun work under the provisions of this section when a technician arrives at the service location. 12.6 Company shall provide affected subscribers, upon request by the City or the subscriber,with one day's free service (equivalent to the service they were receiving at the time of the interruption) for each day or portion thereof of Service Interruption. 13. Log of Complaints: Company shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of a random sampling of all cable-related customer Complaints within the City that are referred to Company's Customer Care Group. Such log shall be in form and substance acceptable to the City and at minimum list the date and time of each such Complaint, identify the customer to the extent allowed by law, and describe the nature of the Complaint and when and what actions were taken by Company in response thereto. The log shall be organized by City. The log shall be kept at Company's office in or near the City for a period of at least two (2) years and shall be available for inspection during regular business hours by the City upon request. 14. Bills: Company shall comply with the following on Cable Service billing: 14.1 Bills shall be issued monthly to each subscnber with a balance due or change of service. 14.2 Bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic service, cable programming service, premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late charges. 14.3 Each bill shall prominently display Company's local or toll-free telephone numbers available for use by subscribers. If a bill has more than one portion (for example, one portion that is kept by the customer and one portion that is sent to Company)the numbers shall prominently 25 appear on the front side of the portion of the bill retained by the customer. 14.4 Company shall respond in writing to all written complaints from subscribers regarding billing matters within thirty (30) days. 14.5 Company shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute. However, during a billing dispute Company may disconnect a subscriber for failure to pay charges that are not contested. 14.6 The City shall be given thirty (30) days advance notice of any change in the format of bills. 15. Refunds and Credits: Refund checks for Cable Service shall be issued promptly, but no later than either: 15.1 The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 15.2 If service is terminated, 30 days after return of equipment owned by Company or at the time of the next billing cycle, whichever is earlier. 15.3 Credits for Cable Service shall be issued no later than the subscriber's next billing cycle following a determination that a credit is warranted 16. Late Payment for Cable Service 16 1 Each bill shall specify on its face in a fashion emphasizing same (such as bold face type, underlined type or a larger font): "For payments received after [date] a $ processing fee for late payment may be charged." 16.2 No processing fees for late payment, however denominated, shall be added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber. 16.3 No processing fees for late payment, however denominated, shall be added to a subscriber's bill by reason of delay in payment other than those described in this Section 16. All such charges shall be separately stated on the subscriber's bill and include the word "late" in the description of them. 26 16.4 There have been negotiations in connection with this Acceptance Agreement regarding the appropriate amount of fees that may be charged for late payment. The parties have agreed to withdraw this issue from consideration without prejudice to any claims and defenses. 17. Disconnection 17.1 Company shall not disconnect a subscriber for failure to pay until at least forty-five (45) days have elapsed after the due date for payment of the subscriber's bill and Company has provided at least ten (10) days written notice separate from the monthly bill to the subscriber prior to disconnection, specifying the effective date after which Cable Services are subject to disconnection. 17.2 Company may disconnect a subscriber at any time if Company in good faith believes that the subscriber has tampered with or abused Company's equipment, that there is a signal leakage problem (or other non-compliance with FCC rules or other standards which poses a risk to lives or property) on the subscriber's premises, or that the subscriber is or may be engaged in the theft of Cable Services. 17.3 Company shall promptly disconnect any subscriber who so requests disconnection. No period of notice prior to requested termination of service shall be required of subscribers by Company. No charge shall be imposed upon the subscriber for or related to disconnection or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay in returning Company equipment). If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by Company provided that Company equipment has been returned. 17.4 The term "disconnect" shall include customers who elect to cease receiving Cable Service from Company and to receive Cable Service or other multi-channel video service from another person or entity. 18. Truth In Advertising: Company's bills, advertising and communications to its current or potential subscribers shall be truthful and shall not contain any false or misleading statement. For the purposes of the preceding, a statement is false or misleading if it contains an untrue statement of any material fact or omits to state a material fact necessary in order to make the statements made, 27 in the light of the circumstances under which they were made, not misleading. 19. Reports: Company shall provide reports to the City monthly (by the 15th business day of the following month) and quarterly (by the 15th business day of the following quarter) as follows: 19.1 The reports shall include the following forms currently used by Charter or otherwise in form and substance acceptable to the City, showing on a consistent basis,fairly applied,Company's compliance with customer service standards. 19.1.1 System Statistics Report, Exhibit B2, which covers customer service matters. 19.1.2 Monthly Report of Service Calls by Reason, Exhibit B3, which shall include an explanation of the categories of reported reasons. 19.1.3 Monthly Outage Summary by Franchise, Exhibit B4. 19.1.4 Monthly Service Call Availability Analysis and Installation Call Availability Analysis, Exhibit B5. 19.1.5 Monthly Customer Call Sample Report, Exhibit B6, both by City and on an overall basis, showing the results of a random sampling of customer complaints referred to Company's Customer Care Group. 19.1.6 Monthly Call Center Performance Report, Exhibit B7 (excluding the 2% "assumed" adjustment). 19.2 Such reports shall show Company's performance excluding periods that were not Normal Operating Conditions ("Abnormal Operating Conditions") and if Company contends any such conditions occurred during the period in question, it shall also describe the nature and extent of Abnormal Operating Conditions and show Company's performance both including and excluding the time periods Company contends such conditions were in effect. 28 19.3 At the City's request Company will provide additional information and existing reports reasonably related to the measurement and evaluation of Company's compliance with the customer service requirements of the Franchise, the Acceptance Agreement, and this Exhibit B. 19.4 Reports of installations/service calls (Section 10) and service interruptions(Section 12)shall report matters occurring within the City. Telephone reports may be for a larger area than the City if Company can demonstrate that it is, in fact, representative of the phone service provided within the City,such as where a call center receives calls from numerous municipalities with no ability to distinguish between or give preference to calls from one area or City over another. 19.5 The City,by itself or in combination with other municipalities, reserves the right to audit Company (or any Affiliate of Company) to verify the accuracy of the reports required under this Section 19. All records (including those of Affiliates)reasonably necessary to conduct the audit shall be made available at a convenient location in the Fort Worth area. If the audit discloses performance that is three (3) percentage points worse than any of the standards of the referenced sections (such as compliance 92% of the time versus 95% of the time) Company shall pay the City's costs in connection with the audit within thirty (30) days of submission of an invoice. 20. FCC Technical Standards: The following shall apply to Company's implementation of and compliance with the rules and regulations relating to cable television technical standards for signal quality, currently set forth at 47 C.F.R. § 76 601 and following, and subsequent amendments thereto: 20.1 Company shall notify the City in advance of testing for compliance with FCC standards. The City may have a representative present to observe such tests and may designate one location to be tested. Company shall provide the City with a report of testing for compliance with such standards upon written request (but not more than twice a year). Such report to City shall state, in pertinent part, that the person doing the testing has reviewed the applicable rules and regulations of the FCC, the industry standards and other materials referenced therein, and that such testing was done fairly and either shows full compliance with such rules and regulations or sets forth with specificity and in detail all areas of non-compliance, their actual or likely scope and causes, and Company's professional recommendation of the best 29 corrective measures to immediately and permanently correct the non- compliance. 20.2 Company shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to Company. All matters not resolved by Company shall at Company's or the subscriber's option be referred to the City for it to resolve. All matters not resolved by the City may be referred to the FCC for it to resolve. 20.3 The City at its expense (no more than twice per year,barring unusual circumstances) upon thirty (30) days written notice to Company may test the cable system for compliance with the FCC technical standards. Company shall cooperate in such tests and provide access to the cable system. Company shall reimburse the City for the full expense of any test which shows a material non-compliance with such standards. 21. Liquidated Damages - Telephone Service, Installation, Service Calls: Company acknowledges that non-compliance with the customer service standards identified above will harm subscribers and the City and the amounts of actual damages will be difficult or impossible to ascertain. For the second calendar quarter of 1999 and thereafter, the City may therefore assess the following liquidated damages against Company for non-compliance with the customer service standards set forth in Sections 7.3, 7.4, 7.5, 9, 10.1, 10.2, 10.3, 10.10, 12.1, 12.2 and 12.4 (measured on a quarterly basis). Company acknowledges that the liquidated damages set forth below are a reasonable approximation of actual damages and that this Section 21 is intended to provide compensation and is not a penalty. 21.1 Telephone Standards. The damages for non-compliance with one or more of the standards in Sections 7.3, 7.4 and 7.5 during a calendar quarter are: 21.1.1 First non-compliance: $1.00 per subscriber. 21.1.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 21.1.3 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 30 21.2 Service and Installation Standards. The damages for non-compliance with one or more of the standards in Sections 9, 10.1, 10.2, 10.3, 10.10, 12.1, 12.2 and 12.4 during a calendar quarter are: 21.2.1 First non-compliance: $1.00 per subscriber. 21.2.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 21.2.3 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 21.3 Minimums. The liquidated damages for the first and each subsequent non-compliance under Section 21.1 or Section 21.2 shall be no less than $5,000, unless modified as provided in Section 21.4. 21.4 Effect of Extended Periods of Compliance. If Company complies with all of the standards identified in Sections 21.1 and 21.2 for eight consecutive calendar quarters,the damages for the first subsequent non- compliance with any of those standards will be the greater of 250 per subscriber or $3,000. 21.4.1 Following such a non-compliance the damages provided in Sections 21.1 and 21.2 will again be applicable so that the next non-compliance within four (4) consecutive calendar quarters will be subject to Sections 21.1.2 and/or 21.2.2. 21.5 An event of non-compliance will be taken into account in determining whether a later event of non-compliance is a second, third or subsequent event without regard to whether City has assessed liquidated damages or taken any other action with respect to the non- compliance. 21.6 Company shall report the number of subscribers within the City on the last day of the quarter by the 15th business day of the following quarter. 22. Liquidated Damages - Other: 22.1 Liquidated damages in the amount set forth in Section 21.1.1 (but not less than the amount set forth in Section 21.3) may be assessed for failure to timely submit the quarterly reports required by Section 19. 31 22.2 Liquidated damages may be assessed for violation of the provision of Section 26.4 for submission of reports within five (5) business days in the amount of$1,000 per day. 23. Procedure for Assessment of Liquidated Damages: The procedure for consideration and assessment of liquidated damages is as follows: 23.1 Liquidated damages shall be assessed by the City Manager or his or her designee. 23.2 Company may obtain a review of the assessment by the City Council by making a written request within ten (10) business days after receipt of notice in writing of the assessment and its basis. 23.3 Company shall have an opportunity to be heard at a meeting of the City Council or by a person designated by the Council as a hearing officer prior to action being taken by the Council. 23.4 The City Council may adopt additional procedures, including appointment of a City official or other person to act as a hearing officer. The Council's decision may be based upon the record of proceedings conducted by the hearing officer or a proposal for decision submitted by the hearing officer. 24. Payment of Liquidated Damages: Liquidated damages shall be paid on or before the tenth (10th) business day following assessment or, if Company requests review by the City Council,on or before the tenth(10th)business day following issuance of the Council's decision. 25. Ombudsman: Company will provide a senior employee(at the Vice President or Director level) as director of government affairs and ombudsman reporting directly to a regional vice president of CC Holdings. The director of government affairs will have responsibility for working with the City and other cities in the area to address problems that may arise under the Franchise and shall be Company's ombudsman for both the City and subscribers. Company will give the City an opportunity to comment on the detailed job description of the director of government affairs before the position is filled. 26. City Liaison: Company shall continue to provide problem solving liaison services for the City of the type being provided to the City of Fort Worth by Charter's Customer Care Group in the Fall of 1998. The purpose of this 32 - service is to provide the City with direct access to supervisory level personnel who can obtain prompt action on customer service problems referred by the City to Company. This service shall include at least the following: 26.1 The personnel providing the service shall be located in Tarrant County. 26.2 The personnel providing the service shall have sufficient authority and access to Company facilities and personnel in order to investigate and take appropriate remedial action without delay. 26.3 The City shall be given a special direct phone number to use (which may also be used by other cities, but which will not be made available to the general public) which will generally during normal business hours be answered by a live person and will provide immediate access to a person having the authority specified in the preceding section. 26.4 Company shall investigate (including an attempt to contact the subscriber) and respond to the City on each call, fax or written complaint or request by the end of the next business day and shall provide a written report within five (5) business days. 26.5 Company shall give the City notice in writing of changes in the key contact personnel or material changes in procedures involved in providing this service. 27. Definitions: For the purposes of this Exhibit B, the following definitions shall apply: 27.1 Cable Administrator means the person designated by City as having principle responsibility for cable matters. 27.2 Complaint means a telephone call or written communication from a customer notifying Company of a problem relating to Company's billing or billing practices, Company's equipment, picture quality, failure to receive one or more channels, a change in Company's practice or policy, Company advertising or other business practice, the conduct of a Company employee or contractor, or the failure of Company or a service representative to comply with customer service regulations. 27.3 Normal Operating Conditions means those service conditions which are within the control of Company. Those conditions which are not within 33 the control of Company include,but are not limited to,natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are within the control of Company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular or seasonal demand periods, changes in the billing cycle, changes in the form of bills and other billing matters, changes in channel lineups or services that are within Company's control, and repairs, rebuilds, maintenance and upgrade of the cable system including computer software and hardware. 27.3.1 Y2K. Y2K problems involving systems of Company, CC Holdings, Vulcan, Charter or Affiliates of any of them are not within the control of Company for purposes of measuring compliance with customer service standards during the period January 1, 2000 through and including January 14, 2000 but are within the control of Company before and after that period of time. 27.3.2 Labor Disputes. Employee strikes, slowdowns and walkouts of less than 30 days duration are not within the control of Company. 34 EXHIBIT B I CHARTER On-Time Customer Service Guarantee Program Our On-Time Customer Service Guarantee Program underscores our commitment to providing our customers with the best service possible. This program is not about refunds; it is about making customer service a top priority. Simply stated, we pledge the following: ✓ On-time installation appointments or the installation of the primary outlet is free ✓ On-time service appointments or the customer receives S20 35 EXHIBIT B2 System Statistics for City, Third Quarter 1999 Homes Passed 11,719 Customers 4,937 Penetration 42% Installations 400 Disconnects 382 ,Net Gain 18 Technical Performance Technical Service Calls 124 Technical Service Call Rate 25% Service Interruption Response <24 hrs. 98.7% Service Call Availability for Next Business Day 96.5% Installation Schedules <7 days 99.0% System Reliability 99.927% Telephone Performance Calls Received 110,000 Calls Answered <30 seconds 101,000 Percentage answered <30 seconds (unadjusted) 91.8% Percentage answered <30 seconds (adjusted) * 93J% Reasons for adjustment: * - ice storm 12/17/98 - City power outage 12/25/98 Calls to City Referred to Charter 10 On-Time Performance - Service calls - 95% next business day 99.8% - installations - 95% within 7 business days 987% - Service disruption - 95% within 24 hours - - Trained Company Representative available to respond to telephone inquiries 24 hrs/day, 7 days/week Percentage calls receiving busy signal Total outages reported * Adjustments are for Abnormal Operating Conditions as defined in Sections 19.3 and 27.3 of Exhibit B, Acceptance Aqr eemen l. 36 EXHIBIT B3 C r * I. \ r A f \ u \ Q ) 0 F. / - $ :tt.Ca ƒ v - / k \ k $ • ■ a \ \/ 7 < « , �! - % } - ^ ` / b 0 \ ; # . 2 ( ( / 7 \ \ § . • . ® - ` { L.: S. ' , f imD ,! �~ ( © \ S \ . . . 4j(LI• 2 / e : _ f y % / ? ) \ . . . e o . / e :6,1-,t- at ^ a •r $ r& \ { \ t. / 7 ` \V & �\ 2 : o ; G { « \ z. Gami WO _ ( { �1 ) & \ / \ / _ • \ _ ° , \ �- ° A S ! ! / y � \ / . * . / . f• =I = . � � i \ \ \ ! z / 2 \ + i } ! / _ ®% ^ ] . . / 37 EXHIBIT B4 Page I oft 1 i >I > IC I ! L j t . 11. 1 ; 1. !. . 111 11 '.: I ! I II ' II 1 11 : i. .!: 111 . 1I 1 I1 i II I 47 3 S] a aaaaa.' '17Lla=t4,x1, '.`3aa3 .7 'aaa :7a� -}qg . V1-3 1; itgliillbaCiOltgi E�. Ysl ; ! ILL ,TI : hilli:ii ,.i EE• vv�it" 7 E+2'i..1ta,.__I.,,:o..,k 'K`t B^ ELi fP�'S n��'--.°�.a° 9C�£°I '1'�YI.`F f..E°,Y�jy amino E:l °._:..ice y C. III - I 1 ' ° ' °I ' I I I I °'`!�j Ia j . '�1 ' I�I i . 1 I • ; I i 1 . , ti � ; r,r_,r -;_I<r -' B'i Ce �'a° n n3� o -*, a?�ur. oe.a^ a.r,°° mmamle N �- r° l inn _, Plm ..^_.,. l ! I i I II i 1 ; ylI I : p, I =A 1671.s IoI I 41 1 ' . 1 ' L L i I 1_L 3 j. °^uu •—,.. _ i ----1 I.1..,,.7.-du v...•a`.- :.:n t uN'. --9w - `i'-o LII r 1 ° Ec: °$S>`o$- SY$B..s oltr ^ e:I alit:. ° zzzz'i zlii's�s1 i'z iizi'zz''�-'`s ii£:iiii'zii°z�_'cYEI`zz' `ii >'.--,'>r 1iii�D 1 I . I E 1 II t i I . : ; , I; I 1 'a6 -c.. Q•t'-' -€- a: ciil'e?'ec=xsdaaal.....,aa.,.aa ezx.. �3se:s.pL1ILJ:� a.. , 31e3 33ox�* a. ss :.a a:mh? is c'7, n. r7rl .1 1 , sa^ -z,.s g "`..g ti..1/4- s"sgs��s=-:?'zGz' 4Pa_•.-_"7�,. x-4.9 is$ .rcasszzss s '£z'zzs 3°>"Zrnzzzsttz2'szz-3_'rn-47.:~ iss°szzz 'jj�O .: •... 1�^N c$ to - 11' �.X:Ek L„« «`^ ^RS�$t$Ft.g ^4b ors iaI b�� •B°EEo o••°i ° S �i1 35 4E.>.H.E R m=0 o` El'i ° p m E ,',,11 g n c4 =,-f' ,,,ifepwa m£ .a FO.c z._ 9 , �. ° .T -2, 0I= s : r� 'mi$. mz �ors R ^ °ff I ' n- .b 4nag t ,; _er.,9x � d j o _ I , ; ^oI� 4� AI 1I ° I I ° I ' I I I ! c 1 iL I , I l ! i I I l 38 EXHIBIT B4 Page 2 o(2 a i ! WI I ':I 1 I 1 ; il I L II I j II j I I i III I I I , i , l .I I , I C11u P s 11, X5, '' ilI !. lilt ' t Ii : I I _ I� I Ii çlcrr 11 ; 1 I � IIII II ! I 1111 . 11 1 , , II , , w :i r = t 43e l r ` �g ofAtW°:3 et r 31 � 1 Tr n �el tl t°Ii ; l , (°..I a 8Ono S:Lthat.8i8: i t£ `�=ii�£Iiiiii£��`ssz°s£i,'z i''I7r£''zii°s££___, ° I;i L� _�xI Lilt 4i. , !__� 1_-__�-P_ FF�eeoa �aaa r°Io1 e1 i 11 ''11, ' I I, !, ! ' I , L Y�� I9�J4P� �^ �ry�'+ Y.yuse6 s x�zi i zzzszlzz�xjz� ° I r 1 i`.'z zL _o e _w., +I II ; , '_l°2ie:_'v!oe yl.,I;lirr(glgt.q.r.r:IWY:444.11 ...ikkkacfr= r;Efirigr 14. i -7 iiij Wt.16 I all Eli .�_ � r - per.._" -.__,.-_ s .4iit�la�,-&eYaifs 8c �� .wipo a `Io , 111111 It 1 , 191 �1i , l � lkid , 39 EXHIBIT B5 Page 1 of2 $ervice_Call.Azailabihty Analysis Month of Ja.011ary IDate North South Southleke Availability Availability Trophy club 01/01/99 0 0 01/02199 0 0 0 01/03/99 0 0 0 01/04/99 0 0 0 01/05199 1 1 1 01/06199 0 0 0 01/07/99 1 0 1 01/0899 0 1 1 01/0999 0 0 01/1099 0 0 01/1199 0 0 01/1299 1 0 01/13/99 1 0 01/14/99 1 0 01/1599 0 0 01/16/99 0 0 01/1799 0 0 01/1899 0 0 0t/1999 1 0 0112099 0 01/2199 1 0 01/2299 0 1 01/2399 0 0 01/2499 0 0 01/25/99 0 0 01/2699 1 0 0 01/2199 1 0 0 01/2899 0 1 0 01/29/99 0 0 0 01/30/99 0 0 0 01/3199 0 0 0 Total 8 4 4 [Total 95% 95% 95% [Standard Mal YES YES YES l O=SAYE DAY< 12 His =Now Day 2 Two Days Out 40 EXHIBIT B5 Page 2 of 2 Installation Availabiialy_Analysis Month of daVuall Date Availability 01/01/99 0 ._ 01/0299 0 01/0399 1 01/04/99 0 01/0599 i 01/06/99 OI/0799 01/0899 01/0999 01/1099 01/11/99 01/12/99 01/1399 01/14/99 01/1599 01/16/99 01/1799 01/18/99 01/19/99 01/20/99 01/21/99 01/22/99 01/2399 01/24/99 01/25/99 01/26/99 0127/99 01/28/99 01/2999 01/30/99 1 01/31/99 Total 4 Standard 95% (Standard Met? YES 1 0-SAME DAY<12 Firs 1 =Nat Day 2=Two Days Out 41 EXHIBIT B6 Customer Call Sample - January Calls Sampled 111 r-- Can Number of Paroenta0e Billing -�--- -- -24 21.6% Rebuild 13 11.7% Drop Buries 6 4.6% Technical 35 31.5% Reception 3 2.7% Property Damage 7 6.3% Pay Per Yew 3 2.7% Collections 4 3.6% Construction a 7.2% 'Programming 4 3.6% (Home 2 1.6% Installation 1 0.9% Pedistal Problem 1 0.9% lCustomer Education 1 0.9% TOTAL 111 ---_100.0% 42 EXHIBIT B7 r. m . a D i—Ii a!a a.,ti ,--- 1-. m a �aa�+6pa:� - ,.v ` 3 � ' mtt ElSgE'mm°mmo�o°fib mo°�mg In m$bma.ag-�- g gg '_ : lei ' II ' it4M a,,�omi 1 171 .57,7 ".. B af, . -4-1 , :1: lligagtig • . 00 b F- 111 11111 . 1106x% rxx )42 - - 010/1011 11 iII .' q 241 . --bbgb E, -" bb xx X xx� ,xxxxxx"xxx- Xl�' - ^_ e 2,. 0 00 0000 000a a000009000000aR�=�. oo a b 0 omoo oam o _ e eeeeTiE.eege2`"d a S> Xat Xa° xx XXXxi XX .'3 3 a I H 3.S $: ea- 5.rzzz =. zzzlzz= z=_aw_ zzzzfl & Iz�r,1.2 a ; e ax 3 A of 1 ao . mooaoaoo a . om mmammma a `a 1 t I I ° ti t s"s�-� ml�l�lmA ei a 9l c of m'x s sim�e(a a4 43 • Schedule 8.1.1 Character Generators Company will provide Character Generators (CGs) as set forth below in accordance with specifications provided by each City. Each City will reimburse Company for the amount by which the cost of each CG exceeds $3,570. If the Cities agree on a different number of CGs, Company's share of the cost of each CG will be calculated by dividing the total number of CGs into $75,000. City Number of Character Generators Benbrook 0 Burleson 3 Crowley 1 Denton 0 Duncanville 2 Edgecliff Village 1 Everman I Forest Hill 1 Fort Worth 0 Haltom City 0 Hurst 0 Keller 1 Kennedale 1 Lake Worth 2 Mansfield 1 North Richland Hills 3 Saginaw 1 Southlake 1 Watauga 1 White Settlement 1 Total 21 44 EXHIBIT 17 TO ACCEPTANCE AGREEMENT INSTITUTIONAL NETWORK SPECIFICATION System Upgrade: As part of Company's upgrade of its Cable System, Company intends to construct fiber optic cable between its headend and nodes. It does not generally intend to replace the coaxial cable that runs from the node to the residential or other subscriber. 2. This Section left blank. 3. This Section left blank. 4. Institutional Network Design. 4.1 Company shall install, activate and maintain on its upgraded Cable System certain dedicated capacity to be referred to as the Institutional Network (I-NET). 4.2 Company shall provide, either using existing fiber optic cable on the upgraded Cable System or through the purchase and installation of additional cable, sufficient optical fibers to interconnect each of the designated I-NET sites. 4.3 The I-NET shall include a minimum of six (6) optical fibers interconnecting each of the I-NET sites listed in Table 1 in a ring, star, or hybrid network architecture approved by the City, in advance. 4.4 Company shall provide to the City a detailed architecture and design for an I-NET overlaying the Cable System to connect to the designated I- NET sites. 4.5 Within 30 days after receipt of the architecture and design for the I- NET, the City shall respond to Company with approval or request for re-design. If the City approves the architecture and design, the City shall advise Company of the portions of the I-NET that the Company shall construct, activate and connect in conjunction with the upgrade of the Cable System. If the City does not find the architecture and design satisfactory to meet the interconnection requirements, Company shall revise the architecture and design based on the City's comments and resubmit the architecture and design within 30 days. The preceding procedure shall be repeated until agreement is reached. 45 5. Termination Specifications: Company shall purchase and install termination hardware at each I-NET site listed in Table I and at a location therein designated by the City, including standard connectors designated by the City, appropriately labeled. Company shall terminate the fibers on the termination hardware. 6. Network Equipment: User site equipment other than termination hardware shall be provided and maintained by the City for I-NET Users. 7. Completion of I-NET Construction: Company shall complete the construction of the I-NET no later than 46 • Table 1 City of North Richland Hills I-NET Site List I-NET Number Location Address 1 City Hall Holiday Lane 2 Fire Station #1 Starnes Road 3 Fire Station #2 Rufe Snow 4 Fire Station #3 Davis Blvd. 5 NRH2O 9001 Hwy. 26 °D\14 PCDOCS GRR 263a29 I 47 CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 03/15/99 Subject Amendment to Council Rules of Procedures - Agenda Number GN 99-21 Ordinance 2370 Councilwoman Johnson requested that Ordinance No 984 (Council Rules of Procedure) be amended to include addition of Section 3.4 Pre-Council Meetings and Section 4.7 Appeal of Rulings of the Chair. In order to include addenda to the Council Rules of Procedure, the Council must approve an ordinance amending the Rules. Amendments must first be introduced into record at a previous Council Meeting. This recommendation (Resolution No 99-12) was presented at the February 22, 1999 City Council meeting. It was Council consensus to put this ordinance amendment to the Council Rules on the March 15, 1999 Council Meeting for approval. Recommendation. It is recommended that Ordinance No 2370 be approved Finance Review Source of Funds Account Number Bonds(GO/Rev ) Sufficient Funds Avanaoie Operating Budget Other Finance Director �� as ,41 ,- Department Head Signature City Manager Signature Page 1 of ORDINANCE NO. 2370 WHEREAS, Ordinance number 984, as amended by Ordinance 1872 and 2296, 2343 contains the City Council Rules and Regulations; and WHEREAS, in order to provide for more orderly presentation of material and in order to protect the health and common good of the City, the Council finds that this Ordinance should be passed amending the Council Rules and Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that 1 Immediately following Section 3.3 of the Council Rules and Regulations there shall be added a Section 3.4 that shall read as follows: "3 4 Pre-Council Meetings a. Pre-Council meetings shall be conducted in public pursuant to a posted agenda approved by the City Manager. The Mayor or any Council Member may request that items be placed upon the agenda, but the final decision on agenda items shall rest with the City Manager. The City Manager's decision shall be subject to appeal to the full Council at the next regular meeting b Except for public hearing items, the Council shall be free to fully discuss each item on the agenda, to question each other and to question the staff, inquire into reasons for recommendations and to inquire as to the opinion of other Council Members. Each Council Member shall be entitled to state his or her position on each agenda item. On public hearing agenda items, the Council Members may ask questions of the staff and ask for staff evaluation of the item. c The Council shall be entitled to vote on items of procedure pertaining to the pre-council meeting " 2 Immediately following Section 4.6 of the Council Rules and Regulations there shall be added a Section 4.7 that shall read as follows "4 7 Appeal of Rulings of the Chair Appeal of any ruling of the Chair by any Council Member, at any meeting, may be instituted by the words "I appeal the ruling of the Chair to the Council." Such member shall then state his position on the ruling of the Chair. At that point the Chair shall immediately 1 call for a vote of the Council upon the appeal of the Chair's prior ruling The appeal shall prevail if it passes by a majority vote of those members voting on the question and the position of the objecting member shall prevail If the Chair fails to immediately call for a vote on the appeal, the Mayor Pro Tem shall call for a vote on the appeal and the Mayor Pro Tern shall be entitled to a vote on the appeal In this event, if the appeal carries, the Mayor Pro Tern shall preside during that portion of the meeting devoted to the appealed item and may vote on any substantive or procedural motion made These rules regarding appeal shall apply to all council meetings and pre-council meetings. At the beginning of any meeting when the Mayor Pro Tem is absent, the Council shall elect an acting Mayor Pro Tem " PASSED and APPROVED this 15th day of March, 1999 APPROVED Charles Scoma, Mayor ATTEST' Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City 2 CITY OF • NORTH RICHLAND HILLS 1, Department Administration Council Meeting Date 03/15/99 Subject Consider Proposed Telecommunications Ordinance Agenda Number GN 99-22 and Application Form - Ordinance No 2376 it This item was first presented to Council at the November 9, 1998 meeting by City staff and again at the November 23, 1998, meeting by Mr Clarence West, Attorney at Law. At those sessions it was explained that the City has had an exclusive franchise agreement with Southwestern Bell Telephone (SWB) Co to provide local telephone service The current franchise is scheduled to expire on January 1 , 2000. Since the agreement with SWB was approved, both Federal and State laws regulating telecommunications have changed. The Federal Telecommunications Act of 1996 preempts cities from creating a barrier to entry by new telecommunications providers but still allows cities to receive fair compensation for use of rights-of-way on a competitively neutral, non-discriminatory basis As a result, numerous issues concerning franchise fee payment methods and guidelines for occupancy of the rights-of-way have needed to be addressed Within the past twelve months, new telephone providers have been inquiring about the process to offer telephone services to NRH customers In an effort to resolve these issues and comply with the legislation, the City entered into a consortium of eight local municipalities and retained the professional services of a legal firm specializing in telecommunications matters. The legal consultant has been working with the Consortium to develop a model Telecommunications Ordinance and Application Form One of the major changes resulting from the proposed Ordinance will be in the method of determining franchise fee payments The City's current franchise fee is based on a negotiated standardized annual payment totaling approximately $504,000 for calendar year 1999 Based on these changes and a desire to protect the public's investment in the City's rights of way while remaining basically "revenue neutral". a different approach had to be taken to continue collecting franchise fee payments from multiple providers. The new method of determining the franchise fee, called a "per-line access fee" has been developed and is currently used in such cities as Austin, San Antonio. Lubbock and Corpus Christi. This approach provides two categories of service (residential and non-residential) instead of fourteen categories used with SWB. Fees are assessed based on the number of lines terminating into a subscriber's home or business. Finance Review Source of Funds Account Number Bonds (GO/Rev ) _ Sufficient Funds Available Operating Budget — ! Other / 1Z--ir-�'`"" Finance Director C_% i - ' / (,C�AI A,l?ti7icr ire Department Heal Signature LiCity Manager S nature Pace 1 of 2 CITY OF NORTH RICHLAND HILLS The current fees paid by SWB customers in North Richland Hills, depending on the type of service, range from as high as $4.69 per line to as low as $ 64 per line. Under the proposed ordinance, the customer will pay $ 87 per residential line and $2.41 per non- residential (business) line Based on the existing number of access lines in NRH, these two classes would provide basically the same amount of revenue from telecommunications franchises. While the proposed fee structure attempts to minimize the impact on the residential subscriber, some customers will experience a slight increase in their monthly bills, while others will see a decrease Upon approval of this ordinance, individual telecommunications providers desiring to provide service in NRH will complete a standard application form, which will be presented to the Council for consideration While the City cannot do anything that would constitute a "barrier to entry" to telecommunications providers, the application process allows the City to obtain background information on applicants and permit the Council to approve each agreement prior to a provider entering the market in NRH. Each provider will be responsible for collecting the per-line charges and remitting the fee to the City The application also allows the City to better manage the public rights-of-way and minimize conflicts between new and existing services located in these rights-of-way. SWB and other telecommunications providers desiring to provide service to NRH have approved this process for right-of-way management. Recommendation: That the City Council approves Telecommunications Ordinance No 2376 and related Application Form. III II CITY COUNCIL ACTION ITEM Page 2 of 2 ORDINANCE NO. 2376 AN ORDINANCE TO ESTABLISH RULES AND REGULATIONS GOVERNING THE USE OF CITY PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF TELECOMMUNICATIONS SERVICES, SETTING FEES FOR THE USE OF CITY PUBLIC RIGHTS-OF-WAY, PROVIDING FOR MUNICIPAL CONSENT PROCEDURES AND CONSTRUCTION OBLIGATIONS. WHEREAS, the City of North Richland Hills (the "City") seeks to facilitate competition in the provision of Telecommunications Services on a competitively neutral basis and encourage the availability of such services to all residences and businesses within the City, and; WHEREAS, in accordance with applicable federal and state laws, the City seeks to exercise it's historical rights to control and manage its Public Rights-of-Way to receive compensation for their use on a competitively neutral and nondiscriminatory basis, and, WHEREAS, because the City deems that the public streets, alleys. easements, and other Public Rights-of-Way to be used by the Telecommunications Service Providers in the operation of their Telecommunications Network(s) within the boundaries of the City are valuable public properties,the use of which is deemed by the City to be a valuable property right, therefore, the City finds that the users thereof should pay the City compensation for the use of the City's Public Rights- of-W ay, and; WHEREAS, the City recognizes and finds that continuing changes in the telecommunications industry, changes in technology. and changes in state and federal law make Telecommunications Services and Providers unique as opposed to other users of the City's Public Rights-of-Way, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SECTION 1 - FINDINGS AND PURPOSE The purpose of this Ordinance is to. (A) Assist in the management of the Public Rights-of-Way in order to minimize the congestion. inconvenience, visual impact and other adverse effects, and the costs to the citizens resulting from the placement of telecommunications facilities within the Public Rights-of-- W ay: -1- (B) Govern the Provider's use and occupancy of the Public Rights-of-Way; (C) Compensate City for the private, commercial use and occupancy of the Public Rights-of-Way by Telecommunications Providers in a non-discriminatory and competitively neutral manner. (Dl Assist the City in its efforts to protect the public health, safety and welfare. (E) Facilitate competition among Telecommunications Service Providers and encourage the universal availability of advanced Telecommunications Services to all residents and businesses of the City; (F) Conserve the limited physical capacity of the Public Rights-of-Way held in public trust by the City; This Ordinance may be referred to as the 'Telecommunications Ordinance " SECTION 2 - GRANTING CLAUSE Subject to the restrictions set forth herein, the City may consent to the non-exclusive right and privilege to use the Public Rights-of-Way in the City by a Provider for the operation of Access Lines in a telecommunications system, consisting of both telecommunications Facilities and Transmission Media. The terms of this Ordinance shall apply throughout the City and to all operations of the Provider within the City Public Rights-of-Way, and In the Public Rights-of-Way in any newly annexed areas in accordance with Section 22 herein. SECTION 3 - AUTHORITY; SCOPE (A) This Chapter applies to all Telecommunications Service Providers under Title 47, Chapter 5, Subchapter II of the United States Code(47 U S C '201 et seq.) ("Title 47")that place Transmission Media in, on or over Public Rights-of-Way, excluding services provided solely by means of a wireless transmission No Municipal Consent granted under this Chapter authorizes the provision of any services not covered by Title 47 Cable service and open video systems as defined in Title VI of the Communications Act of 1934 [Title 47, Chapter 5, Subchapter V-A of the United States Code (47 U S C 521, et seq)] and any other content service are expressly excluded (e) The right of a Person to apply for or to use City utility infrastructure shall be governed by other provisions of the City Code. The granting of a Municipal Consent under this Chapter does not grant attachment rights or authorize the use of City utility infrastructure. SECTION 4 - DEFINITIONS in this Chapter (A) Access Line means a unit of measurement representing (1) each switched transmission path of the Transmission Media within the Public Rights-of-Way extended to the end-user customers network interface within the City that allows delivery of Telecommunications Service; (2) each separate transmission path of the Transmission Media within the City's Public Rights-of-Way that terminates _2_ at an end user customers network interface of each loop provided as an unbundled network element to a Person pursuant to an Agreement under Section 252 of the Federal Telecommunications Act of 1996 (47 U S C ' 2521. or (3) each termination point of a non-switched telephone or other circuit consisting of Transmission Media connecting specific locations identified by, and provided to, the end- user for the delivery of non-switched Telecommunications Service within the City (B) Access Line Fee means the amount in Section 11 to be applied to each Access Line on a monthly basis for the calculation of the total amount to be paid to the City by the Provider and/or any Person using the facilities of Provider for the creation of Telecommunications Service. (C) Affiliate means a Person who controls, is controlled by. or is under common control with a Provider Affiliate does not include a Person who serves end use customers by means of a wireless transmission There is a rebuttable presumption of control if a Provider owns 25% or more of the Affiliate's stock or assets. (D) Certificated Telecommunications Utility means any entity that has been granted or applied for a certificate under Chapter 54 of Tex. Utility Code or other successor-authorizing certificate to provide local exchange telephone service (E) City means The City Of North Richland Hills, Texas As used throughout,the term City also includes the designated agent of the City. (F) City Manager means the City Manager of the City or the City Manager's designee (G) Direction of the City means all ordinances. laws, rules, resolutions, and regulations of the City that are not inconsistent with this Ordinance and that are now in force or may hereafter be passed and adopted (H) Facilities means any and all of the Provider's duct spaces. manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated Transmission Media (q Municipal Consent means the individual grant to use the Public Rights-of-Way issued by the City and accepted by the individual Providers under this Chapter governing the Provider's use of the Public Rights-of-Way and the payment of compensation (J) Person means a natural Person (an individual), corporation,company, association, partnership,firm, limited liability company,Joint venture,joint stock company or association, and other such entity (K) Provider means a Person that delivers Telecommunications Service within the City to Person(s) by way of a Network, including any Certificated Telecommunications Utility and that places Facilities in, on or over the Public Rights-of-Way A Provider does not include Persons who are authorized by the City to occupy the Public Rights-of-Way in specifically approved routes within the City, unless they also have a Municipal Consent under this Chapter To the extent allowed by law. Provider also means a Person that does not deliver Telecommunications Service within the City, but who uses, constructs or maintains Facilities or Transmission Media within the Public Rights-of-Way (L) Public Rights-of-Way means all present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards,drives,tunnels, easements or similar property in the City limns in which the City holds a property interest or exercises rights of management or control (M) Telecommunications Network or Network means all Facilities placed in the Public Rights-of-Way and used to provide Telecommunications Service to the public -3- (N) Telecommunications Service means the providing or offering to provide transmissions between or among points identified by the user, of information of the user s choosing, including voice, video or data, without change in content of the information as sent and received, if the transmissions are accomplished through a Telecommunications Network Telecommunications Service include ancillary or adjunct switching services and signal conversions rendered as a function of underlying transmission services, but excludes long distance transmissions (inter-LATA [Local Access Transport Area] and intra-LATA toll transmissions) Telecommunications Service includes all communications services capable of being provided over a telephone system and certificated to telecommunications Providers under the Tex Utility Code, Title 2, Public Utility Regulatory Act, as amended, and Title II of the Communications Act of 1934, as amended, expressly excluding cable services or open video systems as defined in Title VI of the Communications Act of 1934. as amended Also excluded are 'Wireless services' as defined by law (0) Transmission Media means any and all of the Provider's cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristic, and whether for voice, data or other purposes SECTION 5 - MUNICIPAL CONSENT REQUIRED. (A) Prior to placing, reconstructing, or altering Facilities in. on or over the Public Rights-of-Way. a Provider must obtain a Municipal Consent from the City (B) The use of Public Rights-of-Way for the delivery of any service not covered by this Chapter is subject to all other applicable City requirements (C) Any Provider with a current, unexpired consent, franchise, agreement or other authorization from the City to use the Public Rights-of-Way that is in effect at the time this Telecommunications Ordinance takes effect shall continue to operate under and comply with that Grant until the Grant expires or until a is terminated by mutual agreement of the City and the Provider and a Municipal Consent under this Ordinance is granted and in effect SECTION 6 - APPLICATION FOR MUNICIPAL CONSENT (A) A Person must submit an application to the City Manager to initiate the process to obtain a Municipal Consent (B) The application must be on a form prescribed by the City Manager, and it must include the following (1) The identity of the applicant, including all Affiliates of the applicant that may have physical control of the Network,to the extent known at the time of the application, (2) A general description of the services to be provided initially, (3) With respect to post-application construction a route map of the applicants proposed Network, if any, and (4) A description of the effect on the rights-of-way, of any post-application construction to the extent known, but not including routine maintenance and construction for additions to existing Networks, except as may be required in Section 17, including (a) The location and route required for applicants proposed Telecommunications Network (b) The location of all overhead and underground public utility, telecommunication, cable, water. sewer, drainage and other Facilities in the rights-of-way along the proposed route (c) The specific trees, structures, improvements, Facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate -4- (5) While not a requirement for the issuance of a Municipal Consent, if applicable, the Applicant shall provide (a) Evidence that the applicant holds or has applied for a Public Utility Commission of Texas Certificate and information to establish that the applicant will obtain all other governmental approvals and permits prior to construction (b) Certification or other documentation to evidence the Public Utility Commission of Texas or any other required governmental approval showing compliance with E911 requirements of Chapters 771 and 772 of the Texas Health and Safety Code on Emergency Communication, and the Texas Public Utility Council Substantive Rules on interconnection, particularly Section 23 97(a), (d) and (e), as amended (6) Such other and further information as may be reasonably requested by the City Manager as it relates to the use of the Public Rights-of-Way (C) Each applicant that shall submit a non-refundable application fee of$850.00 with the application, with a credit in the amount of$850 00 on its first quarterly payment due under Section 12. (D) The City Manager shall review an application submitted under this Chapter and shall recommend to the City Council that it grant or deny the application The City Manager shall make recommendation to the City Council as soon as practicable, but no later than the 90th day after a completed application has been filed. Upon mutual written agreement between the City and the Provider, action on an application may be postponed for one or more periods not exceeding 30 days each (E) Except for delay caused by the applicant, the City Council must take an initial action on the City Manager's recommendation within forty-five (45)days after receipt by the Council of the City Manager's recommendation or the City Manager's recommendation to grant an application shall be deemed approved No City Council action is required to confirm a denial recommendation, except acknowledgment of receipt of the recommendation SECTION 7 - MUNICIPAL CONSENT ORDINANCE. (A) If the City Manager finds that the application meets the requirements of this Chapter,the City Manager shall request the City Attorney or Designee to prepare a Municipal Consent ordinance for the City Council's consideration. (B) A Municipal Consent ordinance submitted to the City Council must include the following provisions (1) a term of not more than five (5) years for the Municipal Consent. (2) a requirement that the Provider substantially comply with this Chapter, (3) a requirement that the Provider's Municipal Consent is subject to termination by the City Council, after notice and hearing,for the Provider's failure to comply with this Chapter or on a showing that the Provider has breached the terms of the Municipal Consent; (4) a provision that incorporates the requirements of Section 14 [Transfer]of this Chapter, (5) a provision that incorporates the requirements of Sections 17 [Construction Obligations], 18 [Conditions of Public Rights-of-Way Occupancy], and 19 [Insurance Requirements] of this Chapter, if applicable, (C) Review and approval by the City does not constitute a guarantee of sufficiency of the design of the Telecommunications Network. The applicant retains full responsibility for the adequacy of the design of the Telecommunications Network -5- SECTION 8- PETITION FOR RECONSIDERATION. A Person whose application for a Municipal Consent is denied, or whose application is not considered by the City Council within a reasonable time after the City Manager submits a recommendation under Section 7 or whose Municipal Consent is terminated may petition the City Council for reconsideration before seeking judicial remedies A petition for reconsideration is considered denied if the City Council does not act within 60 days after the petition is filed with the City Secretary SECTION 9 - ADMINISTRATION AND ENFORCEMENT (A) The City Manager shall administer this Chapter and enforce compliance with a Municipal Consent conveyed under this Chapter (B) A Provider shall report information related to the use of the Public Rights-of-Way that the City Manager requires in the form and manner prescribed by the City Manager (C) The City Manager shall report to the City Council upon the determination that a Provider has failed to comply with this Chapter SECTION 10-APPLICABILITY (A) Sections 17 [Construction Obligations], 18 [Conditions of Public Rights-of-Way Occupancy] and 19 [Insurance Requirements]of this Chapter apply only to a Provider that constructs,operates, maintains, owns or controls Facilities in the Public Rights-of-Way (B) Section 20 [Indemnity]of this Chapter applies to a Provider that has a property interest in a Network SECTION 11 -COMPENSATION TO CITY A Provider shall compensate the City by payment of the fees as provided below (A) Access Line Fee Calculation To compensate the City for the use of the rights-of-way. a Provider whose Telecommunications Network is used to serve Persons in the City shall pay the City a monthly tee to be calculated as provided below for each Access Line owned or used by the Provider, as calculated as of month-end, that is activated for use by an end user customer of the Provider or of another Person as a Certificated Telecommunications Utility, by lease or otherwise, subject to Subsection (F) below or of any other Person, (1) Access Line Fee Calculation Amount (a) Following the effective date of the Municipal Consent, a Provider shall submit to the City Manager on a quarterly basis, a certified statement together with the Access Line Fee payment under Section 12, indicating the number of Access Lines used to provide Telecommunications Service at month end, for each month of the quarter and for each customer class identified herein. The statement shall be provided on a form prescribed by the City Manager (b) For each month of the quarter following the effective date of the Municipal Consent, a Provider shall pay an Access Line Fee, which is based upon its number of Access Lines calculated as follows: -6- Access Line Fee Monthly Amount Per Calculation Amount Access Line From Effective Date TYPE (1)or(2) Residential $ 87 - per month Non-Residential $2 41 - per month TYPE(3) Private Line Termination Point(s) $2.41 — per month The City reserves the right to make reasonable adjustments to the Access Line Fee, with 180 days notice, but not to exceed ten percent(10%) in any one year. Amounts appearing above are used to calculate the total compensation due the City and are not to be construed as the setting of a charge for end-users. (To the extent allowed by law, and not at the direction or request of the City, pursuant to Tex Utilities Code ' 54 206, a Provider has the discretion to collect the Access Line Fee imposed by the City pursuant to this Ordinance through a pro rata charge to the customers in the boundaries of the City, including from any other Persons who are leasing, reselling, rebundhng or otherwise using the Providers Access Lines to provide Telecommunications Service) (For purposes of this Section only, lines terminating at customers with "Lifeline," "Tel-Assistance,"or other service that is required to be similarly discounted pursuant to state or federal law or regulation for the purpose of advancing universal service to the economically disadvantaged shall not be included in the lines upon which the fee is calculated, but Provider shall provide information on the number of such lines upon request by the City) (B) Number of Access Lines Subject to City's agreement not to disclose this information unless required by law, Provider agrees to provide annually or as requested by the City, within a reasonable time after receipt of the City's written request, a report showing the number of Access Lines being maintained or operated by Provider that are serving premises within the City. The City agrees that the report shall be used solely for the purposes of verifying the number of Provider's Access Lines serving premises within the City. Upon written request, Provider shall verify the information in the report and, upon reasonable advance notice, all non-customer specific records and other documents required for such verification shall be subject to inspection by the City expressly excluding any records, documents or other writings the disclosure of which is prohibited by state or federal law, including the Electronic Communications Privacy Act, 18 U S.0 ' 2701 et seq. (C) Minimum Annual Fee Notwithstanding any other provision in this Ordinance,for all new installations of Facilities placed in, on or under the Public Rights-of-Way from the Effective Date of the Municipal Consent, and for each calendar year period thereafter, the Provider shall pay the City a minimum annual Public Street Crossing Fee of either the greater of: (i) The Access Line Fee; or (ii) $250.00 This annual minimum fee is to compensate the City for the reasonable rental value of the Public Rights- of-Way used by the Provider, and to recover the administrative cost in monitoring and enforcing the provisions of this Chapter and of the Municipal Consent Each Municipal Consent shall provide that the minimum fee of (B) (ii) above may be adjusted once every three (3) years by the City in its sole reasonable discretion to properly reflect the reasonable rental value of the Public Rights-of-Way and administrative cost to the City, but such adjustment shall not exceed $100 in any one three (3) year period (D) Confidential Records. If the Provider notifies the City by a conspicuous written notation of the confidential nature of any information (including, but not limited to the information in paragraph (B) of this section), reports, documents, or writings,the City agrees to maintain the confidentiality of the information, reports, documents, and writings to the extent permitted by law Upon receipt by the City of requests for the Provider's confidential information, reports, documents, or writings, the City shall notify the Provider of the request in writing by facsimile transmission. The City shall furnish the Provider with copies of all requests for Attorney General opinions pertaining to the Provider's confidential information, reports, documents or writings The City shall request an Attorney Generals Opinion before disclosing any confidential information, reports, documents or writings, and shall furnish the Provider with copies of Attorney General Opinion Requests as soon as practicable that it may pertain to the Providers Confidential Information, reports, documents or writings No other fees The payments due hereunder shall be in lieu of any construction, building or other permit, approval, inspection,or other similar fees or charges, including, but not limited to, all general business permit fees customarily assessed by the City for the use of the Public Rights-of-Way against Persons operating businesses similar to that of a Provider. Further, such Access Line Fee shall constitute full compensation to the City for all Providers Facilities located within the Public Rights-of-Way, including interoffice-transport and other Transmission Media that do not terminate at an end-user customers network interface device, even though those types of lines are not used in the calculation of the Public Rights-of-Way fee. The compensation paid herein is not in lieu of any generally applicable ad valorem taxes, sales taxes or other generally applicable taxes, fees, development impact fees or charges, or other statutory charges or expenses recoverable under the Texas Public Utility Regulatory Act, or successor statutes (E) Uncollectibles. Any other provision of this agreement notwithstanding. Provider shall not be obligated to pay the City for any Access Lines or private line termination points the revenues for which remain uncollectible (F) Payments by or Use of the Network by Other Telecommunications Carriers and Providers (i) Direct Payment-Facilities Provided to Other Telecommunications Service Providers' To the extent allowed by applicable state and federal law, any Telecommunications Service Providers who purchase Unbundled Network Elements or other Facilities or services for the purpose of rebundling those Facilities and/or Services to create Telecommunications Service for sale to Persons within the City, must pay to the City the Access Line Fee that is calculated as of month- end by applying the appropriate Access Line Fee, as specified in Section 11 above, to each Access Line created by rebundling Telecommunications Service or Facilities. Direct payment further ensures that the Access Line Fee imposed herein can be applied on a non-discriminatory basis to all Telecommunications Service Providers that sell Telecommunications Service within the City Other provisions of this Ordinance notwithstanding, the Provider shall not include in its monthly count of Access Lines any Facilities or services provided to other Telecommunications Service Providers for rebundling into Telecommunications Service, if the Telecommunications Service Provider who is rebundling those Facilities for resale has provided a signed statement to the Provider that the Telecommunications Service Provider is paying the Access Line Fees applicable to those rebundled services directly to the City If Provider provides a copy of the signed statement to the City from the Rebundler which is acceptable to the City, then Provider is absolved of all responsibility for the Access Line Fees payable on the Services, Unbundled _g_ Network Facilities and other Facilities rebundled for the creation of Telecommunications Service for sale within the City by each such Rebundler (u) Indirect Payments - Public Rights-of-Way Fee Application to Use of Network by Others With respect to any Person leasing, reselling, or otherwise using a Providers Access Lines, if a Provider believes it does not have sufficient information to determine the appropriate rate to apply, then the higher Access Line Fee may be applied until such time as the Person using the Access Lines provides to the Provider sufficient written information to determine the correct Access Line Fee If a Person provides sufficient written information for the application of the Access Line Fee, Provider may, at its discretion and not at the City's request, bill the Person on the basis of the information provided Provider shall provide to the City any information regarding the locations to which it is providing service or Facilities for use by another Person for the provision of Telecommunications Service to end-user customers, so long as City first obtains written permission of such other Person for Provider to provide the information to the City Any other provision of this Ordinance notwithstanding, however, a Provider shall not be liable for underpayment of Access Line Fees resulting from the Providers reliance upon the written information provided by any Person who uses Providers services or Facilities for the provision of Telecommunications Service to end-user customers SECTION 12 - City PAYMENT DUE DATES (A) Access Line Fee A Provider shall remit the Access Line Fee on a quarterly basis together with the Certified Statement required in Section 11(A)(1)(a) Payment shall be made on or before the 45th day following the close of each calendar quarter for which the payment is calculated and shall be paid by wire transfer to an account designated by the City Manager (B) Minimum Fee Payment This fee per Section 11(B), if applicable, shall be due on January 31 of every year of the Consent Agreement SECTION 13 - AUDITS (A) On 30 days notice to a Provider the City may audit a Provider for a period of time to the fullest extent allowed by law The Provider shall furnish information to demonstrate its compliance with the Municipal Consent and/or other provisions of this Chapter (B) A Provider shall keep complete and accurate books of accounts and records of business and operations that cumulatively reflect the monthly count of all Access Lines for a period of seven (7) years The City Manager may require the keeping of additional records or accounts that are reasonably necessary for purposes of identifying, accounting for, and reporting the number of Access Lines used to deliver telecommunication services or for calculation of the payments due hereunder The City may examine the Provider's books and records referred to above, expressly excluding any records, documents or other writings the disclosure of which is prohibited by state or federal law, including the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq, to the extent such records reasonably relate to providing information to verify compliance with this Chapter and the Municipal Consent (C) A Provider shall make available to the City or the Citys designated agent (hereinafter"agent"), for the City or its agent to examine, audit, review and copy, in the City, on the City Manager's written request, -9- its books and records referred to above, including papers, books, accounts, documents, maps plans and other Provider records that pertain to Municipal Consent conditions and requirements obtained under this Chapter A Provider shall fully cooperate in making records available and otherwise assist the City examiner The City examiner shall not inspect or copy or otherwise demand production of customer specific information or any records, documents or other writings the disclosure of which is prohibited by state or federal law, including the Electronic Communications Privacy Act, 18 U S C 2701 et seq (D) The City Manager may, at any time, make inquiries pertaining to Providers' performance of the terms and conditions of a Municipal Consent conveyed under this Chapter Providers shall respond to such inquiries on a timely basis (E) Upon written request by the City Manager, to the extent the documents are reasonably identif ied, Providers shall furnish to the City within 30 business days from the date of the written request copies of all public petitions, applications,written communications and reports submitted by Providers, to the FCC and/or to the PUC or their successor agencies, relating to any matters affecting the physical use of City Public Rights-of-Way (F) The provisions of this Section shall be continuing and shall survive the termination of a Municipal Consent granted under this Chapter and shall extend beyond the term of the Municipal Consent granted to the Provider and the City shall have all the rights described in this Section for so long as Provider is providing any Telecommunications Service within the City SECTION 14 -TRANSFER (A) No Municipal Consent nor any rights or privileges that a Provider has under a Municipal Consent, or the Facilities held by a Provider for use under such Municipal Consent which are in the Public Rights-of-Way, shall be sold, resold, assigned, transferred or conveyed by the Provider, either separately or collectively, to any other Person, without the prior written approval of the City by ordinance or resolution The City's approval shall be based upon the transferee providing adequate information to the City that it has the ability to perform and comply with the obligations and requirements of the Municipal Consent Such approval shall not be unreasonably withheld Should a Provider sell, assign, transfer, conveyor otherwise dispose of any of its rights or interests under its Municipal Consent, including such Providers Telecommunications Network, or attempt to do so, without the City's prior consent, the City may revoke the Providers Municipal Consent for default, in which event all rights and interest of the Provider under the Municipal Consent shall cease (B) Any transfer in violation of this Section shall be null and void and unenforceable. Any change of control of a Provider shall constitute a transfer under this Section However, such a change in control shall not void the Municipal Consent as to the transferee, unless and until the City has given notice that such a change in control necessitates compliance with Section 14 If the Provider does not initiate compliance with Section 14 by a request for Municipal Consent within thirty(30)days after the above notice has been given by the City, the Municipal Consent shall be null and unenforceable as to the transferee (C) There shall be a rebuttable presumption of a change of control of a Provider upon a change of 15% or greater in the ownership of such Provider. Such a change in control shall be deemed a transfer, which requires consent of the City (D) A mortgage or other pledge of assets to a bank or lending institution in a bona fide lending transaction shall not be considered an assignment or transfer —10— (El Every Municipal Consent granted under this Section 14 shall specify that any transfer or other disposition of rights which has the effect of circumventing payment of required Access Line Fees or Minimum Fees and/or evasion of payment of such fees by failure to accurately count or report the number of Access Lines by a Provider is prohibited (F) Notwithstanding anything else in this Section 14. if the City has not approved or denied a request to transfer under this Section within 120 days of written notice of such request from the Provider to the City, it shall be deemed approved Such time frame may be extended by mutual agreement of the parties (G) Notwithstanding any other provision in this Section 14, a Provider may transfer, without City approval, the Facilities in the Public Rights-of-Way under a Municipal Consent to another Provider who has a Municipal Consent under this Chapter The Provider transferring the Facilities remains subject to all applicable obligations and provisions of the Municipal Consent unless the Provider to which the Facilities are transferred is also subject to the same, as applicable, obligations and provisions The Provider transferring the Facilities must give written notice of the transfer to the City Manager SECTION 15• NOTICES TO CITY (A) A Provider shall notify the City Manager as is provided in the Consent Agreement (B) A Provider shall give written notice to the City not later than 15 days before a transfer or change in operations that may affect the applicability of Sections 18 [Conditions of Public Rights-of-Way Occupancy], 19 [Insurance Requirements], 20 [Indemnity], and 21 [Renewal of Municipal Consent], to the Provider SECTION 16- CIRCUMVENTION OF FEE PROHIBITED A Person may not circumvent payment of Access Line Fees or evade payment of such fees by bartering, transfer of rights, or by any other means that result in undercounting a Provider's number of lines Capacity or services may be bartered if the imputed lines are reported in accordance with Section 11 SECTION 17- CONSTRUCTION OBLIGATIONS (A) A Provider is subject to the reasonable regulation of the City to manage its Public Rights-of-Way pursuant to the City s rights as a custodian of public property under state and federal laws. A Provider is subject to City ordinances and requirements and federal and state laws and regulations in connection with the construction,expansion, reconstruction, maintenance or repair of Facilities in the rights-of-way. (B) At the City's request, a Provider shall furnish the City accurate and complete information relating to the construction, reconstruction, removal, maintenance, operation and repair of Facilities performed by the Provider in the rights-of-way (C) The construction, expansion, reconstruction,excavation, use, maintenance and operation of a Provider's Facilities within the rights-of-way are subject to applicable City requirements (1) A Provider may be required to place certain Facilities within the rights-of-way underground according to applicable City requirements absent a compelling demonstration by the Provider that, in any specific instance, this requirement is not reasonable or feasible nor is it equally applicable to other similar users of the right-of-way —11— (2) A Provider shall perform operations, excavations and other construction in the public rights-of-way in accordance with all applicable City requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the right-of-way The City shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the City by the Provider All excavations and other construction in the Public Rights- of-Way shall be conducted so as to minimize interference with the use of public and private property A Provider shall follow all reasonable construction directions given by the City in order to minimize any such interference (3) A Provider must obtain a permit, as reasonably required by applicable City codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation or maintenance of the Providers Facilities Once a permit is issued, Provider shall give to the City a minimum of forty- eight (48) hours notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above listed activities on its Network in, on or under the Public Rights-of- Way The failure of the Provider to request and obtain a permit from the City prior to performing any of the above fisted activities In, on or over any Public Right-of-Way, except in an emergency as provided for in Subsection (10) below,will subject the Provider to a stop-work order from the City and enforcement action pursuant to the Citys Code of Ordinances If the Provider fails to act upon any permit within 90 calendar days of issuance, the permit shall become invalid, and the Provider will be required to obtain another permit (4) When a Provider completes construction, expansion, reconstruction, removal,excavation or other work, the Provider shall promptly restore the rights-of-way in accordance with applicable City requirements A Provider shall replace and properly relay and repair the surface, base, irrigation system and landscape treatment of any Public Rights-of-Way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the Providers Facilities within thirty(30)calendar days after completion of the work in accordance with existing standards of the City in effect at the time of the work (5) Upon failure of a Provider to perform any such repair or replacement work, and five (5) days after written notice has been given by the City to the Provider, the City may repair such portion of the Public Rights-of-Way as may have been disturbed by the Provider. its contractors or agents Upon receipt of a invoice from the City, the Provider will reimburse the City for the costs so incurred within thirty(30) calendar days from the date of the City invoice (6) Should the City reasonably determine,within two(2) years from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet existing standards of the City, a Provider shall perform such additional restoration work to the satisfaction of the City. subject to all City remedies as provided herein (7) Notwithstanding the foregoing, if the City determines that the failure of a Provider to properly repair or restore the Public Rights-of-Way constitutes a safety hazard to the public, the City may undertake emergency repairs and restoration efforts A Provider shall promptly reimburse the City for all costs incurred by the City within thirty(30) calendar days from the date of the City invoice (8) A Provider shall furnish the City with construction plans and maps showing the location and proposed routing of new construction or reconstruction at least fifteen (15) days [subject to Subsection (D)], before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the Public Rights-of-Way A Provider may not begin construction until the location of new Facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the City, which approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the Facilities and routing -12- (9) If the City Manager declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of Facilities.a Provider shall remove or abate the Provider's Facilities by the deadline provided in the City Manager's request The Provider and the City shall cooperate to the extent possible to assure continuity of service It the Provider, after notice, fails or refuses to act, the City may remove or abate the facility, at the sole cost and expense of the Provider, without paying compensation to the Provider and without the City incurring liability for damages (10) Except in the case of customer service interruptions and imminent harm to property or Person, a Provider may not excavate the pavement of a street or public rights-of-way without first complying with City requirements The City Manager or designee shall be notified immediately regarding work performed under such Emergency Conditions,and the Provider shall comply with the requirements of City standards for the restoration of the Public Rights-of-Way (11) Within sixty (60) days of completion of each new permitted section of a Provider's Facilities, the Provider shall supply the City with a complete set of"as built"drawings for the segment in a format used in the ordinary course of the Providers business and as reasonably prescribed by the City, and as allowed by law (12) The City may require reasonable bonding requirements of a Provider, as are required of other entities that place Facilities in the Public Rights-of-Way (D) In determining whether any requirement under this section is unreasonable or unfeasible, the City Manager or his/her designee shall consider, among other things, whether the requirement would subject the Provider or Providers to an unreasonable increase in risk of service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services, or to any other unreasonable technical or economic burden SECTION 18- CONDITIONS OF PUBLIC RIGHTS-OF-WAY OCCUPANCY (A) In the exercise of governmental functions, the City has first priority over all other uses of the Public Rights-of-Way The City reserves the right to lay sewer, gas, water, and other pipe lines or cables and conduits, and to do underground and overhead work, and attachments, restructuring or changes in aerial Facilities in. across, along, over or under a public street, alley or Public Rights-of-Way occupied by a Provider, and to change the curb, sidewalks or the grade of streets. (B) The City shall assign the location in or over the Public Rights-of-Way among competing users of the Public Rights-of-Way with due consideration to the public health and safety considerations of each user type, and to the extent there is limited space available for additional users, may limit new users, as allowed under state or federal law. (C) If. during the term of a Municipal Consent,the City authorizes abutting landowners to occupy space under the surface of any public street, alley, or Public Rights-of-Way, the grant to an abutting landowner shall be subject to the rights of the Provider If the City closes or abandons a Public Right-of-Way that contains a portion of a Provider's Facilities, the City shall close or abandon such Public Right-of-Way subject to the rights conveyed in the Municipal Consent (D) If the City gives written notice, a Provider shall, at its own expense, temporarily or permanently, remove, relocate, change or alter the position of Provider's Facilities that are in the Public Rights-of-Way within 120 days, except in circumstances that require additional time as reasonably determined by the City based upon information provided by the Provider For projects expected to take longer than 120 days to remove, change or relocate, the City will confer with Provider before determining the alterations to be -13- required and the timing thereof The City shall give notice whenever the City has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a City or other governmental public improvement in the Public Rights-of-Way This section shall not be construed to prevent a Provider's recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beauuf'cation purposes without prior joint deliberation and agreement with Provider If the Provider fails to relocate Facilities in the time allowed by the City in this Section,the Provider may be subject to liability to the City for such delay and as set forth in the City Codes or Ordinance, now or hereafter enacted Notwithstanding anything in this Subsection (D), the City Manager and a Provider may agree in writing to different time frames than those provided above A circumstances reasonably warrant such a change (E) During the term of its Municipal Consent, a Provider may trim trees in or over the rights-of-way for the safe and reliable operation, use and maintenance of its Network. All tree trimming shall be performed in accordance with standards promulgated by the City Should the Provider, its contractor or agent, fail to remove such trimmings within twenty-four (24) hours , the City may remove the trimmings or have them removed, and upon receipt of a bill from the City, the Provider shall promptly reimburse the City for all costs incurred within thirty(30) working days. (F) Providers shall temporarily remove, raise or lower its aerial Facilities to permit the moving of houses or other bulky structures, if the City gives written notice of no less than 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benetitting from the temporary rearrangements Provider may require prepayment or prior posting of a bond from the party requesting temporary move SECTION 19- INSURANCE REQUIREMENTS (A) A Provider shall obtain and maintain insurance in the amounts reasonably prescribed by the City with an insurance company licensed to do business in the State of Texas acceptable to the City throughout the term of a Municipal Consent conveyed under this Chapter A Provider shall furnish the City with proof of insurance at the time of filing the acceptance of a Municipal Consent The City reserves the right to review the insurance requirements during the effective period of a Municipal Consent, and to reasonably adjust insurance coverage and limits when the City Manager determines that changes in statutory law, court decisions, or the claims history of the industry or the Provider require adjustment of the coverage For purposes of this section, the City will accept certificates of sell-insurance issued by the State of Texas or letters written by the Provider in those instances where the State does not Issue such letters, which provide the same coverage as required herein. However, for the City to accept such letters the Provider must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the City, based on financial information requested by and furnished to the City. (B) Provider shall furnish, at no cost to the City, copies of certificates of insurance evidencing the coverage required by this Section to the City The City may request the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, unless the policy provisions are established by a law or regulation binding the City, the Provider, or the underwriter. If the City requests a deletion, revision or modification, a Provider shall exercise reasonable efforts to pay for and to accomplish the change (C) An insurance certificate shall contain the following required provisions -14- (1) name the City of and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage, (21 provide for 30 days notice to the City for cancellation, non-renewal, or material change. (3) provide that notice of claims shall be provided to the City Manager by codified mail, and (41 provide that the terms of the Municipal Consent which impose obligations on the Provider concerning liability, duty, and standard of care, including the indemnity section, are included in the policy and that the risks are insured within the policy terms and conditions (D) Provider shall file and maintain proof of insurance with the City Manager during the term of a Municipal Consent or an extension or renewal An insurance certif icate obtained in compliance with this section is subject to City approval The City may require the certificate to be changed to reflect changing liability limits A Provider shall immediately advise the City Attorney of actual or potential litigation that may develop may affect an existing carrier's obligation to defend and indemnify (E) An insurer has no right of recovery against the City The required insurance policies shall protect the Provider and the City The insurance shall be primary coverage for losses covered by the policies (F) The policy clause 'Other Insurance" shall not apply to the City if the City is an insured under the policy (G) The Provider shall pay premiums and assessments. A company, which issues an insurance policy, has no recourse against the City for payment of a premium or assessment Insurance policies obtained by a Provider must provide that the issuing company waives all right of recovery by way of subrogation against the City in connection with damage covered by the policy SECTION 20 - INDEMNITY (A) Each Municipal Consent granted under this Telecommunications Ordinance shall contain provisions whereby the Provider agrees to promptly defend, indemnify and hold the City harmless from and against all damages, costs, losses or expenses (i)for the repair, replacement, or restoration of Citys property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective solely as a result of the Provider's acts or omissions, (ii) from and against any and all claims,demands, suits,causes of action, and Judgments for(a) damage to or loss of the property of any Person (including, but not limited to the Provider, its agents,officers,employees and subcontractors, City's agents, officers and employees, and third parties); and/or(b) death,bodily injury, illness,disease, loss of services,or loss of income or wages to any Person (including, but not limited to the agents, officers and employees of the Provider, Provider's subcontractors and City, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the Provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such Municipal Consent. (B) No Municipal Consent indemnity provision shall apply to any liability resulting from the negligence of the City, its officers, employees, agents, contractors, or subcontractors (C) The provisions of the required indemnity provision set forth in an individual Municipal Consent shall provide that (1) It is solely for the benefit of the parties to the Municipal Consent and is not intended to create or grant any rights, contractual or otherwise, to any other Person or entity, (2) To the extent permitted by law, any payments made to, or on behalf of the City under the provisions of this section are subject to the rights granted to Providers under Sections 54.204-54 206 of the Texas Utilities Code; and -15- (3) Subject to the continued applicability of the provisions of Sections 54 204-54 206 of the Texas Utilities Code, as set forth in 12) above,the provisions of the indemnity shall survive the expiration of the Municipal Consent SECTION 21 - RENEWAL OF MUNICIPAL CONSENT A Provider shall request a renewal of a Municipal Consent by making written application to the City Manager at least 90 days before the expiration of the consent SECTION 22 -ANNEXATION; DISANNEXATION Within thirty(30) days following the date of the passage of any action affecting the annexation of any properly to or the disannexation of any property from the City's corporate boundaries, the City agrees to furnish Provider written notice of the action and an accurate map of the City's corporate boundaries showing, if available, street names and number details For the purpose of compensating the City under this Ordinance, a Provider shall start including or excluding Access Lines within the affected area in the Providers count of Access Lines on the effective date designated by the Comptroller of Public Accounts -Texas for the imposition of State local sales and use taxes, but in no case less than thirty(30) days from the date the Provider is notif ied by the City of the annexation or drsannexabon SECTION 23 -SEVERABILITY The provisions of this ordinance are severable However, in the event this Ordinance or any tariff that authorizes the Provider to recover the fee(s) provided for this Ordinance or any procedure provided in this Ordinance or any compensation due the City under this Ordinance becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, or is exchanged for another means 01 compensation under higher authority,the Provider and City shall meet and negotiate a new agreement that is in compliance with the authority's decision or enactment. Unless explicitly prohibited, the new agreement shall provide the City with a level of compensation comparable to that set forth in this Ordinance as long as the agreed-to compensation is recoverable by the Provider in a manner permitted by law for the unexpired portion of the term of this Ordinance SECTION 24 - GOVERNING LAW This Ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this Ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the City's ongoing authority to adopt reasonable regulations to manage its Public Rights-of-Way, pursuant to Sections 17 and 18 or as otherwise provided by law Municipal Consents entered into pursuant to this Ordinance are performable in Tarrant County, Texas. SECTION 25 -TERMINATION (A) The City shall reserve the right to terminate any Municipal Consent and any rights or privileges conveyed under this Chapter in the event of a material breach of the terms and conditions of the -16- Municipal Consent or of this Chapter, subject to a thirty day written notice and the opportunity to cure the breach during that thirty(30) day period (B) Material breaches of a Municipal Consent specifically include, but are not limited to. continuing violations of Sections 11 [Compensation to City], 17[Construction Obligations] andlor 18 [Conditions of Public Rights-of-Way Occupancy], and the furnishing of service of any kind that requires municipal authorization but that is not authorized by Section 3(A) (C) A material breach shall not be deemed to have occurred if the violation occurs without the fault of a Provider or occurs as a result of circumstances beyond its control. Providers shall not be excused from performance of any of their obligations under this Chapter by economic hardship, nor misfeasance or malfeasance of their City Managers, officers or employees (D) A termination shall be declared only by a written decision by motion, resolution or ordinance of the City Council after an appropriate public proceeding before the City Council,which shall accord the Provider due process and full opportunity to be heard and to respond to any notice of grounds to terminate All notice requirements shall be met by giving the Provider at least fifteen (15) days prior written notice of any public hearing concerning the proposed termination of its consent Such notice shall state the grounds for termination alleged by City SECTION 26 - UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY (A) Any Person seeking to place Facilities on, in or over the Public Rights-of-Way, City property, City structures, or Utility infrastructure shall first file an application for a Municipal Consent with the City and shall abide by the terms and provisions of this Ordinance pertaining to use of the Public Rights-of-Way and pay the fees specified herein (B) The City may institute all appropriate legal action to prohibit any Person from knowingly using the Public Rights-of-Way unless the City has consented to such use in accordance with the terms or this Chapter and with a Municipal Consent (C) Any Person using the Public Rights-of-Way without a Municipal Consent shall be liable for the same fees and charges as provided for herein SECTION 27•EFFECTIVE DATE. This Telecommunications Ordinance takes effect on , 1999 PASSED AND APPROVED this day of 1998 APPROVED Charles Scoma, Mayor ATTEST: -17- Patricia Hutson City Secretary APPROVED AS TO LEGALITY Rex McEntire, City Attorney -18- TELECOMMUNICATIONS ORDINANCE 'Rev 0310.99) TABLE OF CONTENTS SECTION 1 - FINDINGS AND PURPOSE . . . 1 SECTION 2 - GRANTING CLAUSE . ... . .. 2 SECTION 3 - AUTHORITY; SCOPE . . 2 SECTION 4 - DEFINITIONS........ ... . 2 SECTION 5 - MUNICIPAL CONSENT REQUIRED. ... . . .. .. 5 SECTION 6 - APPLICATION FOR MUNICIPAL CONSENT .... .. ... .. 5 SECTION 7 - MUNICIPAL CONSENT ORDINANCE.... . ... . . . . .. . 5 SECTION 8- PETITION FOR RECONSIDERATION . 6 SECTION 9 - ADMINISTRATION AND ENFORCEMENT . . . .. . 6 SECTION 10 -APPLICABILITY . . .. . . . . .. 6 SECTION 11 - COMPENSATION TO CITY . . . 6 SECTION 12 - CITY PAYMENT DUE DATES .... . . ..... .. 9 SECTION 13 - AUDITS . . . . . . . 9 SECTION 14 -TRANSFER .... . . . . . . .. 10 SECTION 15- NOTICES TO CITY . . . . . . .... . . . 11 SECTION 16- CIRCUMVENTION OF FEE PROHIBITED . . .. . 11 SECTION 17- CONSTRUCTION OBLIGATIONS . . . . . . .. . . . 11 SECTION 18 - CONDITIONS OF PUBLIC RIGHTS-OF-WAY OCCUPANCY . .. 13 SECTION 19 - INSURANCE REQUIREMENTS. .. .. 14 SECTION 20 - INDEMNITY . . . . . . . 15 SECTION 21 - RENEWAL OF MUNICIPAL CONSENT . . . . .. . . . .. . . 16 SECTION 22 -ANNEXATION, DISANNEXATION., ... . ... 16 SECTION 23 - SEVERABILITY .. . .. . . . . ... .. ... . .. . . 16 SECTION 24 - GOVERNING LAW 16 SECTION 25 - TERMINATION 16 SECTION 26 - UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY 17 SECTION 27 - EFFECTIVE DATE . - 17 • CITY OF NORTH RICHLAND HILLS APPLICATION FOR MUNICIPAL CONSENT FOR USE OF THE PUBLIC RIGHTS-OF-WAY BY A TELECOMMUNICATIONS SERVICE PROVIDER (Rev. 11/30/98) RETURN TO City of Department . Address: APPLICATION FEE: $850.00' *Applicant shall receive a credit against future payments to the City pursuant to the Municipal Consent in the amount of the Application Fee. INSTRUCTIONS Complete the Application using information for the most recently completed fiscal year. When providing the requested data, please specify whether it is actual or estimated and for what fiscal year Return the completed Application to the address above, with the Application Fee. In the event you become aware of any change in data while the application is pending, you must file supplemental information reflecting such change in data. Please indicate each question number immediately above the response to the question The City will maintain confidentiality of any information provided pursuant to this application to the extent permitted by law, when applicant notifies the City of the confidential nature of the information, in writing in a conspicuous manner. While not required for the Consent, to protect the public safety, an applicant may be asked to provide documentation as to compliance with E-911 requirements if they are applicable, which may include PUC filings. City will notify applicant of this requirement. The City reserves the right to request additional information of the applicant as it relates to the use of the public rights-of-way. - 1 - PART I IDENTIFICATION 1 State applicant's name, address, telephone number, fax number, a contact person and describe the business organization of applicant including whether applicant is (Check one.) a. an individual; b. a corporation, c an unincorporated association; d. a limited partnership, e. a general partnership; or f. any other legal entity (specify) 2. If applicant is a corporation, or controlled by a corporation, attach as Exhibit "A' reasonable evidence of proper incorporation, such as a copy of the state issued certificate of incorporation, or if certificated by the PUC, the PUC certificate (or certificate number) in the corporate name. 3. If applicant is an unincorporated association or partnership: a. Information regarding the principal owners (greater than 100/0) and ultimate beneficial owners, however designated; and b. indicate the legal organization of the applicant, and cite the laws under which it is organized. 4. Name any affiliates On whatever form) of the applicant that will use the network. Additional information on the affiliate and the use may be requested to determine if they need a separate agreement. - 2 - PART II PROPOSED SERVICES 1 List generally the type of telecommunications services applicant proposes to provide at present and, to the extent known, any services which may be provided in the future Additional information may be requested to determine if a separate agreement may be needed i.e , cable franchise or agreement to operate an open video system. 2. While this is not necessary for a municipal consent, please answer if applicable. Does the applicant hold (or has applied for) certificate of authorization from the State Public Utility Commission or the Federal Communications Commission relevant to the proposed telecommunications services to be provided in the City. (provide agency file identification number, date of filing and a copy of authorization documentation) PART III. PROPOSED FACILITIES USE 1. Is applicant proposing to (check all boxes which apply): a resell telecommunications services purchased from other providers? Yes No b lease or otherwise acquire access to facilities or (network elements) from other providers (sometimes called a (rebundler) or facility (reseller)? Yes No c. construct, own and/or control facilities in the public rights-of-way? Yes No (1) either sell or lease capacity on the network or of the network elements of its system Yes No (2) sell physical components of its system (is., fiber strands, conduit) Yes No If applicant has checked only (a), in response to the previous question, go to Part IV; if applicant has checked (b), but not (c), complete question 4, if applicant has checked c, complete questions 2-3 (If an existing provider has authority to use the rights-of-way, questions 2-3 only apply to facilities to be constructed after the date of the Municipal Consent, to the extent known) - 3 - 2 Please provide, to the extent known, a brief description of applicant's proposed facilities and file as Exhibit "B," a block map marked with the proposed routing of any facilities, to include whether they are to be underground or overhead. Also include a brief description of existing underground utilities (i e., water, sewer, gas, electric, telephone, cable, other) that are on the proposed route. Also include in detail any proposed removal or relocation of trees, landscaping or other physical structures in the public rights-of-way. 3. If the proposed facilities are to be placed in and/or along City streets and rights-of-way, submit an estimate of the distance (linear footage and maximum width measurement) of the facilities to be placed in the public rights-of-way, to the extent known. 4. If the applicant does not own the facilities, describe generally any relevant lease agreements or interconnection arrangements allowing applicants use of any facilities and the name of the facility/network element owner from whom the facilities are leased. PART IV. PAYMENT OF MUNICIPAL FEES Applicants that only check Box (a) in Section IV may remit fee payments directly to the City or through another provider. 1. Do you wish to remit fees through another provider? Yes No 2. If you have answered yes above, please identity the provider(s) through which applicant has arranged to remit municipal consent fees. (Additional documentation may be required) - 4 - PART V USE OF RIGHTS-OF-WAY REQUIREMENTS Check the appropriate box The applicant has reviewed the City's Telecommunications Ordinance and understands and can provide the appropriate insurance and bonds and can comply with the various construction requirements in the rights-of-way Yes No CERTIFICATION OF APPLICANT , file this application as (indicate relationship to Applicant, i.e., owner, partner, title as officer of corporation, or other authorized representative of Applicant); in that capacity I am authorized to tile this application and to certify that it is accurate to the best of my knowledge. APPLICANT - REPRESENTATIVE - 5 - CITY OF NORTH RICHLAND HILLS Department Information Services Council Meeting Date March 15. 1999 Agreement with OTM Engineering for PBX Subject Professional Assistance — Resolution No 99-20 Agenda Number PU 99-14 BACKGROUND 1 Presentation made to City Council December 21, 1998 2 Decision was made to proceed with hiring an outside firm to perform analysis 3 Letters describing the project were mailed to professionals on December 30, 1998 4 "Letter of Intent to Propose"from Vendor was required by January 8, 1999 5 Letters seeking assistance were sent from City to the following companies • Telematics Associates • OTM Engineering • Mathis &Associates • Paragon Telecommunications • Blythe-Nelson • Technology Decisions • Arthur Anderson • Excel Telecommunications • Price Waterhouse Coopers • Cost Reduction Group • ICG Communications • KPMG INTERVIEWS Companies who requested an interview are as follows • Telematics Associates • OTM Engineering • Technology Decisions • Paragon Telecommunications • Blythe-Nelson • Arthur Anderson INTERVIEW PROCESS Each company was allowed a total of 90 minutes maximum for the interview process They were required to give an overview of their company, the City then responded with an overview of the project The City asked identical questions of each Vendor then time was made available for the City and the Vendor to ask any additional questions PROPOSALS Vendors submitted a legal and binding proposal within 7 days of the interview, outlining their understanding of the project and included their fee All proposals were received within the 7-day process with the exception of Arthur Anderson who opted not to propose. PROJECT SCOPE 1 Determine if PBX Should Be Replaced Present Findings to Mayor& City Council, 2 Perform Detailed Needs Analysis and Design Of approved to proceed with project), 3 Develop Request For Proposals (RFP), Seek Qualified Vendors &Advertise Bid, 4 Review Proposals, Conduct Vendor Demonstrations, and Select Finalists, 5 Present findings To City Councd, Conduct Contract Negotiations, 6 Recommend Vendor to City Council, 7. Implementation and Management Finance Review Source of Funds Account Number 310-0000-601.79-00 Bonds (GO/Rev-) — Sufficie Funds Available Operating Budget mance Director Other Department ea. f ignature City Ma ger Signature Pane 1 or CITY OF NORTH RICHLAND HILLS EVALUATION PROCESS All proposals were evaluated using the following categories and weight factor 1 Cost of Proposal 25 % 2 Quality of Sample RFP 20 % 3 Technical Expertise Available 20 °6 4 Responses to Questions 10 ''° 5 Understanding of Project 10 % 6 Presentation Ability/Credibility 10 % 7 Attention To Detail/Thoroughness 5 % 8 Total Possible Score 100 % Bob Miller, Telecommunication Analyst and Terry Kinzie, Director of Information Services, graded vendor information on a 100-point scale, the two scores were then averaged The averaged scores were multiplied by the percentage weight-factor then added together to form the total weighted score, equaling 100 percent SCORING The scoring results are attached for each Vendor and each factor The ranking is as follows to include the proposed fees 1 OTM Engineering $ 38,600 2 Technology Decisions $ 65,500 3 Blythe-Nelson $119,000 4 Paragon Communications $26,125 5 Telemetics Associates $49,000 OTM ENGINEERING Information Services is pleased to recommend OTM Engineering for professional services for the PBX assessment. OTM scored highest taking into consideration the seven evaluative factors Other key factors are • Founded in 1983 • Offices in Austin, Dallas, San Antonio, Houston and Ft Lauderdale • Complete Vendor Independence—Company does not sell equipment • Offers Services In Voice, Data &Video Communications • Over 16 years Professional Telecommunications Experience • Developed over 50 RFP's for Texas Municipalities • Comprehensive Employee Technology Training Programs • Familiar with Southwestern Bell Technology • Familiar with PUC Process in Austin • Local Presence, No Additional Expenses or Requirements Anticipated • Full Time Commitment,When Required • Can Begin Work Immediately PROCEDURE OTM Engineering will review City information, Vendor information, perform a site review, conduct interviews and provide a recommendation as outlined in their proposal for a fee of$3,000. The information will then be presented to the Mayor and City Council prior to proceeding. If the recommendation is not to replace the PBX, the contract with OTM will end If the recommendation from OTM is to proceed to replace the PBX, and the City Council agrees to proceed, OTM will complete the project at a total price of$38,600 Recommendation To approve Resolution No 99-20 authorizing the City Manager to enter into an agreement with OTM Engineering for professional assistance in an amount not to exceed $3,000 for Phase I, further, if OTM recommends to replace the PBX and the City Council concurs, OTM will be retained to complete the project for an additional fee of$35,600, for a total price of$38,600 as per the proposal submitted by OTM, dated January 27, 1999 CITY COUNCIL ACTION ITEM o,^ ^ ^r RESOLUTION NO 99-20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The City Manager, be, and is hereby, authorized to execute the attached contract with OTM Engineering for PBX Professional Assistance at a cost of $38,600.00. PASSED AND APPROVED this 15th day of March, 1999 APPROVED Charles Scoma-Mayor ATTEST: Patricia Hutson — City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire —Attorney for the City 5 -0 'D * m m m CO m 0p m D o opi -I -0 o v o m co �^ z z m -3° m u a 'S' F S (/1 c 6 ^ OJ z9- J d -. N p [�+� J N n a 00 o N O fi"G Q N 0 (n at; W G 3 `< ° m 0 0 3 0 0[p o. n n 3 ° F 3 4.. m ro m m m 3 1 w u C CI J ': O O6 N ' N C c J 3 �. N N n O y to N H J N 0 DD S O. a J °. N ° N o m m m N go m n m F '< < m p1 0 CD m n a �' ±. d w Q 3 4a 40 rn to = Q o So 5 N ry H O N a O S n> -, O NN a S n n j pp_ pa� ��pp n d 0 F O N a V N N o F n 0 O 0 0 0 0 0 ° DO N ^ O 3 O O o a a l..j ; o pj = ° O O O G O � tj m o ° v 0 x C d s:' y O H f ° m y o n F m o g a O i. p) M11 ^ 2 O % n C co a J '..o N co A M , j x 3 c oa. cocn a v n ° B �ow � wml 0 9 - Om O O bN 1. n N d Oa O0 0 . O N ... Cr < Q J o n ^ 1 0 O 0 0 O d v, > N n v, -5 _, V a V V CO CO if- ':. O n d 0 a a a 0 0 u n CO co pO O fN a G O 0 N 0 O G G G G p N O a 03 t a ° d 9 c N _, O A n 6 n N F 0 O N d fT..' ° a 8c-1, 222 '24 p '� O N O N V Oo m m ( ° Q. m F oil CO 4) ; e m co an kn a , ,'° s (43° c m lo 5 FT tp d Gi . N N ca( N q D N_ N q D■l a V CO O) 0 ,:: P a O cr. O N C,s 0o ao w ,,' Po � 0 00 oa ,� Po4 N n m n K cT VV O co co a s a ∎.. 0 a V O J N p 0 o I. 0p� V V V o C O W a (o N C.. - N -1 88 .'488 ° ° Cl a W N a 43 Weighted Score N CO A 0, 0) J CO CD 0 O O 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 t —9 Perfect Score [ 0 0 0 , o - o PIA I OTM Engineering WEe osinii,c Technology Decisions 8 coo p 3 ilL v w tr X 0 Blythe-Nelson =MOB id -0 1 M �■■■ yN Paragon , I 'p' Communications o �® „ m x. w Telematics 3 . o m V., rot O N ......c N N I t) • 000 . • 0 -0 0)N (0 S 13 S , u 0 3 ^ m N° 3,D0 a 5 D m . d N 5 r Q) _ O m Ap) o N d rn - a 0 0 0 -u K 0 5 z 0 'm m Oro D m } C O 2 N N N f N O O tb m n n 'm n it CITY OF NORTH RICHLAND HILLS I ' Parks and Recreation Department 3/15/99 Department Council Meeting Date Subject Construction of 1999 NRH2O Enhancements Agenda Number: PU 99-15 The City Council, at their January 25, 1999 meeting, approved the NRH2O Family Waterpark 1998 Season Report and 1999-2000 Recommendations Report, amending the NRH2O Capital Project Budget to include design and construction of the 1999 Enhancements. The proposed improvements include sidewalks and picnic table pads in the forest area, expansion of the concrete area near the wave pool for a large shade structure, an additional birthday island and related work. The installation of the shade structure is being bid as a separate item. Funds were appropriated and formal bids were solicited for the completion of this project. Considerable effort to seek out and encourage contractors to submit a bid was made by Parks and Recreation staff and Purchasing Department staff, as well as our consultant, Kendall Landscape Architecture. In addition to advertisements in the Fort Worth Star Telegram, plans and specifications were delivered to two Contractor Plan Rooms and thirteen contractors were specifically contacted and encouraged to bid the project. Six contractors picked up plans and only one bid was received on Tuesday, March 9, 1999, in the amount of $107,110.50. The anticipated cost for the project is $70,000. Since the bid does not fall within the amount budgeted for this project, staff recommends the rejection of this bid. Discussions with the perspective bidders reveal a glut of projects in the construction market, leading to low interest from competitive bidders. The one bid received from Randall & Blake, Inc., is not a reasonable bid. In researching possible alternatives to complete the enhancements prior to the May 15th season opening, staff evaluated an opportunity to complete the necessary work while saving considerable construction dollars and time. In lieu of executing a separate construction contract complete with bonds, insurance and mobilization costs, a change order to the existing construction contract with Dean Construction (City Park Construction) could be executed. Finance Review Source of Funds. Acct Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other F eon Srisiar Department Head Signature Manager CITY COUNCIL ACTION ITEM 2 Page 1 of CITY OF NORTH RICHLAND HILLS Through evaluation of unit prices included in the construction contract with Dean Construction, staff believes that the NRH2O Enhancements work could be completed within the necessary time frame and within the approved budget. This would be accomplished through a change order to their construction contract. Upon your direction, staff will proceed with preparing the appropriate change order for approval at the March 29th meeting. This will allow for the project to proceed on time and within budget. Recommendation: To reject the bid submitted by Randall & Blake, Inc. for the construction of the 1999 NRH2O Enhancements in the amount of$107,610.50 and direct staff to initiate a change order with Dean Construction to complete the enhancements. it Page 2. of 2 CITY OF . NORTH RICHLAND HILLS Department. Public Works Department Council Meeting Date 3/15/99 subject: Approve Supplemental Agreement with the State of Texas Agenda Number PW 99-05 for the Reconstruction of Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (CMAQ) Key Intersections Only- Resolution No. 99-16 This project will consist of reconstructing and widening Rufe Snow Drive from 5 to 7 lanes, beginning at I.H. 820 and ending at Mid-Cities Boulevard. The project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). There are two types of federal funds obligated to this project. They are Surface Transportation Program — Metropolitan Mobility (STP-MM) for the roadway and Congestion Mitigation and Air Quality (CMAQ) for the key intersections. The only difference between the two funding types is STP-MM is for the roadway sections between the major intersections and CMAQ is for the four major intersections. This supplemental agreement is for the CMAQ portion only. Another agreement will be required for the STP-MM portion. Currently the CMAQ agreement between the City and the Texas Department of Transportation (TxDOT) describes the City being responsible for the engineering, right-of- way documents, right-of-way acquisition, utility adjustments and maintenance. The agreement also specifies that the City will be reimbursed for engineering and right-of-way acquisition. This supplemental agreement revises the previous agreement to require the City to be 100% responsible for all right-of-way acquisition If this supplemental agreement is approved the City will not ask for reimbursement for any costs associated with the acquisition of right-of-way. The federal grant money that would have been used for the right-of-way will be transferred to construction. The City will not loose any grant funds. The benefit to the City in approving this supplemental agreement will be to expedite the right-of-way acquisition process. If the City is 100% responsible for right-of-way, we do not need to go through the lengthy review process by TxDOT. Based on staff's estimations we can reduce the total right-of-way process time by 4 to 6 months by approving this Finance Review Source of Funds. Account Number Bonds (GO/Rev.) Suffiaent Funds Available Operating Budget Other Finance Director i�Lrillr ,`a 2_C / !mart •'en Head Signature City Man..-r Signature WW Page 1 of CITY OF NORTH RICHLAND HILLS supplemental agreement. Richard Albin, P.E , Knowlton-English-Flowers, Inc , will be available to address the proposed TxDOT letting date and any other issues regarding this project. Recommendation: To approve Resolution No 99-16 CITY COUNCIL ACTION ITEM Page of RESOLUTION NO 99-16 WHEREAS, in order to protect the health and general welfare of the City and its inhabitants, the Council finds it is necessary to approve this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached supplement to Agreement Nos. 5XXF6091, 5XXF6092, 5XXF6093 and 5XXF6094 with the Texas Transportation Commission, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this 15th day of March, 1999. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: / t ✓km l t /\_/- . A — Gregoryy i en!! irector of •ublic Works Agreement No 5XXF6091, 5XXF6092 5XXF6093, 5XXF6094 Tarrant County CSJ 0902-48-282, 283, 284, & 285 Intersection Improvements along Rufe Snow Drive STATE OF TEXAS § COUNTY OF TRAVIS § SUPPLEMENTAL AGREEMENT NO. 1 FOR THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM This supplemental agreement to the Congestion Mitigation and Air Quality Improvement Program Agreement is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State', and the City of North Richland Hills, hereinafter called the "City". WHEREAS, the State and the City executed these agreements on the 12'" of September, 1995 and entered into these agreements concerning the improvements under the Congestion Mitigation and Air Quality Improvement Program; and, WHEREAS, these agreements were originally for construction, right-of-way, and engineering for intersection improvements along Rufe Snow Drive, and, NOW THEREFORE, premises considered, the State and the City agree that said agreement is amended as follows: Page 3 of 12, Article 3. Acquisition of RiEht-of-Way is hereby replaced with the following. 3. ACQUISITION OF RIGHT-OF-WAY The City shall perform necessary requirements to provide the desired right-of-way required for the construction of the Project The City will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U S C.A Section 4601, et seq , including those provisions relating to incidental expenses incurred by the property owners Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection Page I of 2 • The articles listed below are hereby deleted from the agreement. Article 6. Determination of Right-of-Way Values Article 7. Condemnation Article 8. Court Costs, Costs of Special Commissioners' Hearings Article 9. Reimbursement The City will not ask for reimbursement from the State for the purchase of any Right-of- Way. All other terms and conditions of the agreements are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the State and the City of North Richland Hills have executed this supplemental agreement in duplicate THE CITY OF NORTH RICHLAND THE STATE OF TEXAS HILLS Executed for the Executive Director and approved for the Texas Transportation By Commission for the purpose and effect of Signature activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Title Texas Transportation Commission under the authority of Minute Order Number 100002 Date By: ATTEST: Lawrence I. Zatopek, Director General Services Division City Secretary Date Page 2 of 2 CITY OF • NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 3/15/99 Subject Approve Supplemental Agreement with the State of Texas Agenda Number PW 99-06 for the Reconstruction of Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (STP-MM) Roadway Only— Resolution No. 99-15 This project will consist of reconstructing and widening Rufe Snow Drive from 5 to 7 lanes, beginning at I.H. 820 and ending at Mid-Cities Boulevard. The project will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). There are two types of federal funds obligated to this project. They are Surface Transportation Program — Metropolitan Mobility (STP-MM)for the roadway and Congestion Mitigation and Air Quality (CMAQ) for the key intersections. The only difference between the two funding types is STP-MM is for the roadway sections between the major intersections and CMAQ is for the four major intersections. This supplemental agreement is for the STP-MM portion only. Another agreement will be required for the CMAQ portion. Currently the STP-MM agreement between the City and the Texas Department of Transportation (TxDOT) describes the City being responsible for the engineering, right-of- way documents, right-of-way acquisition, utility adjustments and maintenance. The agreement also specifies that the City will be reimbursed for engineering and right-of-way acquisition. This supplemental agreement revises the previous agreement to require the City to be 100% responsible for all right-of-way acquisition. If this supplemental agreement is approved the City will not ask for reimbursement for any costs associated with the acquisition of right-of-way. The federal grant money that would have been used for the right-of-way will be transferred to construction. The City will not loose any grant funds The benefit to the City in approving this supplemental agreement will be to expedite the right-of-way acquisition process If the City is 100% responsible for right-of-way, we do not need to go through the lengthy review process by TxDOT Based on staffs estimations we can reduce the total right-of-way process time by 4 to 6 months by approving this Finance Review Source of Funds Account Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other Finance Director ' v rartme t Head Signature City anager Signature CPage 1 of CITY OF NORTH RICHLAND HILLS supplemental agreement Richard Albin, P.E., Knowlton-English-Flowers, Inc., will be available to address the proposed TxDOT letting date and any other issues regarding this project. Recommendation: To approve Resolution No. 99-15. CITY COUNCIL ACTION ITEM Page of RESOLUTION NO. 99-15 WHEREAS, in order to protect the health and general welfare of the City and its inhabitants, the Council finds it is necessary to approve this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authonzed to execute the attached supplement to Agreement No. 5XXF6022 with the Texas Transportation Commission, as the act and deed of the City of North Richland Hills PASSED AND APPROVED this 15th day of March, 1999 APPROVED. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT. -At:ran . lay /tom// Grego i c =ns, Director of Public Works Agreement No. 5XXF6022 Tarrant County CSJ 0902-48-193 Rufe Snow Dnve From II-1 820 to Watauga Road STATE OF TEXAS § COUNTY OF TRAVIS § SUPPLEMENTAL AGREEMENT NO. 2 FOR THE SURFACE TRANSPORTATION PROGRAM - METROPOLITAN MOBILITY REHABILITATION THIS SUPPLEMENTAL AGREEMENT to the Surface Transportation Program is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Fort Worth, hereinafter called the "City" WHEREAS, the State and the City executed an agreement on the 3rd day of February, 1995, and entered into an agreement concerning the improvements under the Surface Transportation Program, and, WHEREAS, this agreement was originally prepared for reimbursement of engineering and construction; and, • WHEREAS, Supplemental Agreement No. 1 revised the agreement to allow the City to get reimbursement from the State for the acquisition of right of way; and, NOW THEREFORE, premises considered, the State and the City agree that said agreement is amended as follows: Supplemental Agreement No 1 is hereby superseded by Supplemental Agreement No. 2, thus reverting the agreement to its original format The City will not ask for reimbursement for any costs associated with the acquisition of right of way. All other terms and conditions of the contract are unchanged and remain in full force and effect Page 1 of 2 IN WITNESS WHEREOF, the State and the City of North Richland Hills have executed this supplemental agreement in duplicate. THE CITY OF NORTH RICHLAND THE STATE OF TEXAS HILLS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of By activating and/or carrying out the orders, Signature established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under Title the authonty of Minute Order Number 100002 Date By Lawrence I Zatopek ATTEST Director, General Services Division Date City Secretary Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 3/15/99 Subject Approve Interlocal Agreement with Tarrant County for Agenda Number PW 99-08 the Maintenance of North Tarrant Parkway— Resolution No. 99-13 Tarrant County requires an annual interlocal agreement for all County owned roadways that are located within the city limits of a city. The annual agreement for North Tarrant Parkway is required in order to clearly define responsibilities between the County and the City The key issues are summarized below. 1. Tarrant County agrees to provide all labor, equipment, and materials necessary to maintain and reconstruct sections of North Tarrant Parkway that are within the corporate city limits of North Richland Hills. 2. The City of North Richland Hills agrees to maintain the approaches to the roadway. 3. The City of North Richland Hills agrees to provide intersection channelization and all markings, signs and signals. 4. The City of North Richland Hills agrees to continue policing responsibilities related to the roadway. The City's responsibilities listed above are not new The City has been responsible for these items in the past In discussions with Tarrant County Precinct 3 personnel, they stated they are planning to make routine maintenance repairs to North Tarrant Parkway in the near future Recommendation: To approve Resolution No 99-13. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Availaoie Operating Budget Other Finance Director aor •ep: m-nt Head Signature City Manager Signature Page 1 of RESOLUTION NO 99-13 WHEREAS, Tarrant County has proposed an interlocal agreement dealing with North Tarrant Parkway; and WHEREAS, Tarrant County and the City of North Richland Hills mutually benefit from the said interlocal agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The City Manager be, and is hereby, authorized to execute the attached contract with Tarrant County as the act and deed of the City of North Richland Hills PASSED AND APPROVED this 15th day of March, 1999. APPROVED. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT. I • •d :. I% /L /L_: Grego , Dic' -ns, Director of Public Works UHF STATE OE TUX AS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARR-1\ I CONTRACT This Agreement made and entered into this the _ day of , 1999, by and betyseen the County of Tarrant. acting herein by and through its governing body the Commissioners Court. hereinafter referred to as TARRANT COUNTY, and the CITY OF NORTH RICHLAND HILLS acting herein by and through its goserrung body, hereinafter referred to as THE CITY, both of Tarrant County. State of Texas. witnesselh WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Goy eminent Code, and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party, and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto, and that the division of costs pros ided for constitutes adequate consideration to each party, said project being more particularly described as Any needed roadway reconstruction and routine maintenance of North Tarrant Parkway, a county thoroughfare connecting the county road system and lying within the City of North Richland Hills Specifically, the section of North Tarrant Parkway lying within the City of North Richland Hills from Precinct Line Road to 2900 feet west of Smithfield Road l city limit line The work will include maintenance of the right-of-flay WHEREAS. the parties hereto. in order to facilitate the financing and construction of the needed facility, and in order to share the costs of ha'ing said flork to be done hake agreed to share in the financing of said construction as hereinafter stated in detail. The CITY must notit\ the COUNTY within thim days of the completion of this project of any complaint the CITY has with the project For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows. I TARRANT COUNTY agrees to maintain and reconstruct sections of North Tarrant Parkway that lie within the corporate city limits of North Richland Hills 2. TARRANT COUNTY agrees to provide all labor, equipment and materials necessary to accomplish the work 3. The CITY agrees to maintain the approaches to the roadway 4 The CITY agrees to provide intersection channelization and all markings, signs and signals. 5. The CITY agrees to continue policing responsibilities related to the roadway. By entenng into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. The parties to this Agreement do not intend by this Agreement that any specific third party ma obtain a right by s irtue of the execution or performance of this Agreement CIT\ agrees that the COUNTY wdl notify the CITY when the COUNTY is performing major reconstruction on this project. but this Agreement does not require the County to do this project nithin an} particular time frame This Agreement shall terminate automatically upon happening of any of the followong events 1. The completion of the improvement provided for herein or; 2. At the end of one ( I I year from date herein, unless renewed by both parties in «hung. By: Authorized City Official ATTEST: CITY TARRANT COUNTY: ATTEST: COUNTY TOM VANDERGRIFF, Count} Judge B GLEN WHITLEY, County Commissioner, Precinct Three APPROVAL. District Attorney's Office CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 03/15/99 Subject Sign Variance to the Maximum Sign Area for Directional Agenda Number SRC 99-02 Signs at 6625 & 7201 Industrial Park Boulevard Kimberly Clark, Inc. has submitted a request to vary from the current requirements for traffic directional signs. The application is for property located at 7201 Industrial Park Boulevard and 6625 Industrial Park Boulevard. The properties are platted as Tract 5R1, Block 1, Industrial Park Addition and Lots 1 & 2, Block 2, Industrial Park Addition. The properties are zoned 12 — Medium Industrial Currently Sign Regulation Ordinance 2341 states in Section 21 that one traffic directional sign is allowed for each curb cut and shall not exceed 2 square feet in area. The applicant is requesting to install traffic directional signs having a total area of 15 square feet (5W x 3'H). This exceeds the ordinance regulations by 13 square feet See the attached site plans and proposed sign elevations. The sign ordinance proposed to be considered by City Council, on March 15, 1999, will allow traffic directional signs in industrial zoning districts to have two signs for each curb cut and shall not exceed 15 square feet The applicant has submitted this request in case City Council does not adopt the proposed sign regulations If the proposed sign regulations are adopted, the applicant will request to withdraw their application. Finance Review Source of Funds Account Number Bonds (GO/Rev.) Sufficient Funds Avanaoie Operating Budget Other Finance Director De Ant Head"nature City N/6 ager Signature t ,..., E,„ , 0 o ., _ _„_ :J : LVV o` it. _ U cP '^may i- ' ;3I N EM i c, Ot p ' ,o!i - a ‘'''1'1:0, \ \ \• �� O r O \ '\ • i C iJ ° d 4>_pP \ -cc rt�,1 IUl 1C9 ]1SI1UVJ i t : 11111111 111111111111 ,� _ V -' I __ ci- - 11111lilill '` r __ -__ � I ,. ®- * ,® G _ I _ - T - - S e r r e +a« a> � ... 111111 aa J o JI i (1 /- 4 u_I c U 1 � N —5 O O ;_t HI s _ x ..> It- : ata I� Sc - 5oi 1 11 N1H C�tyofNenhR,chlandH�lls ZONING BOARD OF ADJUSTMEN I 7301 NE Loop 820 APPLICATION FOR A HEARING North Richland Hills,Texas (eise e.ni or type at response.) 817-581-5500 PART 1. APPLICANT INFORMATION ,Name of applicant KIMBERLY-CLARK CORPORATION Street address of applicant 7201 Industrial Park Boulevard City/Stale/Zip Code of applicant Telephone number of applicant North Richland Hills, Texas 76180 (817) 577-7799 Are you the owner of the property' Are you the owners agent, Note:II you are not the owner of the property,you submit attach aleder �J yes 1 nab yes no from the propeny owner giving you permission to submit this application PART 2. PROPERTY INFORMATION Legal Description of Properly where vanance is being requested 1) Tract 5R1 , Block 1, Industrial Park Addition, and 2) Lots 1 & 2, Block 2, Industrial Park Addition Street address at location where vanance is being requested 1) 7201 Industrial Park Boulevard 2) 6625 Industrial Park Boulevard PART 3 DESCRIPTION OF REQUEST Check the appmpnate application type r —I Interpretation Request Zoning Variance Request I Nonconforming Use or Structure Current zoning classification Budding permit apphcaton submitted 1) Nolo: A map or plot plan of the property and drawings of the proposed 12 2) 12 ,yes i�, mtli no consion must be submitted with this application. Descnbe the vanance request,in detail Kimberly_Clark/Tecnol is requesting approval of the installation of seven (7) Traffic Directional Signs (4 at 7201 and 3_at 6625)_ that are _larger _than_ allowed by the current Sign Ordinance. Kimberly-Clark/Tecnol proposes signs with 5'W x 3'H (15 sf) sign faces. I hereby certify Thal I am,or that I represent the legal owner of the property descnbed above and do hereby submit this request/or a variance for consideration by the Zoning Board of Adjustment e.,n February 19, 1999 _ _ .' C / Pent Name L. Scott Johnson -_ Signature _ -S-�� _ — PART 4. FOR OFFICE USE ONLY �J Dale of Board of Adjustment Public Heanng Taxes,Liens and Assessments Paid' Case Numb///e��yr �1((((''''���L Variance Approved I C,CI \� Yes J No ,-7c Cl_A roc) Date of Final Action Fees II Yes 1 1 No Residential$100.00 Conditions of Approval Nan-Residential 3175 00 - - ------- — — --- _ - This request will not be I _- - -- -- -- the scheduled for fee is p paid the application fee is paid Signature pl Cnariman Zoning Board of Adjustment Application 5 CD.413 (1798) 19b. Information & Reports Get Free Beanie Baby By Spaying/Neutering Pet The North Richland Hills Animal Services Division is encouraging residents to get a baby for their pets a Ty Beanie Baby By having pets spayed or neutered by March 31, 1999, residents of North Richland Hills and Watauga can receive a free Beanie Baby at the North Richland Hills Animal Services Center, 7200 B Dick Fisher Drive South. For more information, please call 581-5796 NRH2O Season Passes Go On Sale! Free Incentives While They Last Get into the swim of things! NRH2O Family Water Park will begin selling Season Passes beginning on March 22, 1999, Monday through Friday from 9.00 a m — 5:00 p.m. NRH Resident Discount 1 pass $59.00 4 passes $149.80 2 passes $109.90 5 passes $187.25 3 passes $134.85 6 passes $224.70 Under 3 years old —free Only NRH residents are eligible for the resident discount and proof of residency must be shown when purchasing passes. All passes eligible for volume discount must be purchased at the same time. Spring Season Pass Special March 22—April 9th (while supplies last). Receive Free incentives that include Free Locker Rentals, Dr. Peppers and tickets to local area attractions Call 656-6500 for more information.