HomeMy WebLinkAboutCC 2005-10-25 Agendas
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CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
OCTOBER 24, 2005 - 6:00 P.M.
For the Regular Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers
7301 Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from October 24, 2005 City Council Meeting (5
Minutes)
2. IR 2005-149 Update on Library Design Process (20 Minutes)
Discuss Cable Franchise and Senate Bill 5 Update (20
3. IR 2005-148 Minutes)
14. I Adjournment i I
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CITY OF NORTH RICH LAND HILLS
CITY COUNCIL AGENDA
OCTOBER 24, 2005 - 7:00 PM
For the Regular 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 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
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NUMBER ITEM ACTION TAKEN
1 . Call to Order
2. Invocation -
Councilwoman Jo Cox
3. Pledge -
Councilwoman Jo Cox
4. Special Presentations
Yard of the Month - presented by Kathy
Luppy, Chairman Keep North Richland
Hills Beautiful Commission
Proclamation - BISD Red Ribbon Week
presented to Francine Lalande
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
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NUMBER ITEM ACTION TAKEN
7. a. Minutes of the October 10, 2005 City
Council Meeting
GN 2005-106 b. Approve Interlocal Agreement for the
North Texas Virtual Reference Library
Consortium - Resolution No. 2005-079
PU 2005-044 c. Award of Bid to AUI Contractors in the
Amount of $73,700 for the Construction of
Linda Spurlock Park Playground
Expansion - Resolution No. 2005-080
8. GN 2005-107 Appointment to Keep North Richland Hills
Beautiful Commission - Place 4
Approve Street Name Change of Grapevine
9. GN 2005-108 Highway to Boulevard 26 - Ordinance No. 2853
Approve Street Name Change of Industrial Park
10. GN 2005-109 Boulevard and Tecnol Boulevard to Iron Horse
Boulevard - Ordinance No. 2854
Denial of 2004 Interim Rate Adjustment
11.GN 2005-110 Proposed by Atmos Energy Corporation -
Ordinance No. 2855
Approve Cancellation of Second Council
12. GN 2005-111 Meeting in November and December
Award of Bid to Dal-Ec Construction, Ltd. in the
13. PU 2005-045 Amount of $284,700.00 for the Rufe Snow Drive
(I.H. 820 to Mid-Cities BOUlevar1 Street Lighting
Project
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14. Information and Reports - Mayor Pro Tem
Welch
15. Adjournment
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR# 2005-149
Date: October 24, 2003
Subject:
Update on Library Design Progress
Council authorized hiring the design team of Brown Reynolds Watford (BRW), teamed with
Barker Rinker Seacat (BRS), to design a new library facility on June 13, 2005. The architects
began work immediately on the design of a two-story library to be located on the Hometown
site at the intersection of Walker Street and Grand Avenue.
The architects have conducted 3 major design work sessions with city staff on July 6, August
10, and September 14. In addition the architects have met several times with representatives
of Planning and Inspections Department, Public Works, Support Services, and Information
Services.
As of this writing, the design process for the new library has reached approximately the 90%
completion point for the schematic design phase.
Architects Craig Reynolds and Gary DeVries, representing BRW will update the Council on
status of the design, presenting a preliminary site plan, current floor plans and preliminary
elevation studies.
Respectfully Submitted,
~¿~
Steve Brown
Library Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2005-148
Date:
October 20, 2005
Subject:
Cable Franchise and Senate Bill 5 Update
The purpose of this report is to inform the Mayor and City Council on Senate Bill 5 and its
impact on our local cable franchise. Historically, by law, cable service has been provided by a
single cable provider within a community. In recent years advances in technology have allowed
cable service to be delivered through' other means such as fiber optic cable and over electric
power lines called Broadband Over Power Lines. This has encouraged companies such as
Southwestern Bell (SBC) to lobby state and federal legislatures to pass laws, similar to the de-
regulation of phone companies and utility providers, to eliminate local cable franchises and allow
multiple companies to provide cable and video services within one municipality.
During the second special session of the 79th Texas Legislature, Senate Bill 5 was passed and
then signed into law by Governor Rick' Perry on September 8th. Under Senate Bill 5 local cable
franchises, upon their expiration, will be eliminated and replaced by a state-wide franchise
system that will allow multiple companies to provide cable and video services within a
community. Under the new law, local governments will still receive 5% franchise fee for the use
of their Rights-of-ways. Public Educational and Governmental (PEG) Channels such as our
Citicable Channel 7, Birdville Independent School District Channel 30, and Tarrant County
Community College Channel 32 will still be provided. Cities will also retain their police powers
over their rights-of-way. All cable franchises will be issued and managed by State of Texas
through the Public Utilities Commission (PUC). The new law also allows a city's current local
franchise to expire before a company can apply for a state-wide franchise to provide service
within that community. The City of North Richland Hills currently has a local cable franchise
agreement with Charter Communications that will not expire until January 27, 2007.
While the law keeps some provisions intact it does pose new challenges for local governments
including North Richland Hills. The in-kind services we have been receiving under our current
agreement will still be provided under the state-wide franchise but with an incremental
maintenance fee. This cost will be deducted from the 5% franchise fee. Examples of some our
in-kind services include cable outlets for free service in City facilities, and the Institutional
Network (I-NET) which is a series of fiber optic cables that connects our facilities for internet
services. Under Senate Bill 5 all complaints regarding cable service will be handled by the PUC
not by the local government where the complaint occurred. This diminishes local control and
our regulatory authority. A more concerning aspect of the new law is a provision that allows for
current cable providers to opt out of their current franchise agreements, by January 2006, if their
market penetration is less than 40%. Our current cable provider, Charter Communications, has
a market penetration of 28%. To date Charter Communications has not indicated whether they
will opt out of our local cable franchise agreement.
Another concern is the formal cable franchise renewal process. The City of North Richland Hills
has been involved in a formal franchise renewal process with a consortium of cities in Tarrant
County. The purpose of the formal franchise renewal process was to give the City, better
leverage in negotiating a new franchise agreement with Charter Communications. The passage
of Senate Bill 5 has made our formal cable franchise process invalid.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Although the City was only in Stage 1 of the renewal process, we have accrued
some expenses. The City paid $3,400.84 to C2 Consulting to conduct a
technical audit of Charter Communications as required by Stage 1 of the formal
cable franchise renewal process. We will continue to work with the consortium
on åther cable related issues, but the formal cable franchise renewal process has
ended.
Some of the key players in this legislation have already applied for a state-wide
franchise in places where local cable franchises have expired. These companies
include SBC, and Verizon Communications. Other companies who have applied
for a state-wide franchise include Grande Communications and Guadalupe
Valley Communications. Verizon Communications has applied for a state-wide
franchise for 21 communities in the North Texas region including the City of
Kell.er. Attachments A and B illustrate the type of services that will be provided
and offer a snap shot of what might occur in North Richland Hills after our current
agreement expires.
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The. services provided by SBC and Verizon Communications will require minimal
infrastructure improvements. Their service will be delivered over existing fiber
optic cables (phone lines) and most residents with a phone line will be eligible for
this service. If Broadband Over Power Lines is provided in North Richland Hills
almost every resident will be eligible to receive that service. The new law will
give the citizens of North Richland Hills a choice in who provides their cable and
video services. They will also benefit from new technology, but the benefit to our
City and other local governments is still unclear.
A law suit has been filed against Senate Bill 5 in the State of Texas. The suit
seeks to have Senate Bill 5 thrown out on the grounds that it is unconstitutional.
However, the new law still stands while the suit is pending. It is also important to
note that there is similar legislation pending at the Federal Level. In the
meantime, staff is working to prepare for the state-wide franchise process when
our current agreement expires on January 27, 2007. A transition checklist
(Attachment C) will guide staff through this process. Staff will continue to update
you on the progress. I am available for any questions about the current local
cable franchise agreement and Senate Bill 5.
Respectfully submitted,
Richard B. Abernethy
Assistant to the City Manager
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Printed from dallasnews.com
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Attachment A
I. News com
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., Verizon widens TV plans
Success in Keller may take fiber-optic service to 21 area communities
12:00 AM CDT on Saturday,- October 1, 2005
By VICTOR GODINEZ / The Dallas Morning News
Fresh off the commercial launch of its fiber-optic television service in Keller, Verizon Communications
Inc. said Friday that it has applied for a state franchise to offer its high-tech TV in 21 communities in the
Dallas- F ort Worth area.
Verizon president and vice chairman Larry Babbio said in an interview that the goal is to have both the
FiGS high-speed Internet and TV services available to most North Texas consumers in its service areas
by the end of next year.
"U sually it takes us 12 to 18 months to rollout these networks in given communities, so when you look
at our footprint, that's probably about right," he said. "Some of it may take longer, depending on local
conditions. "
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Mr. Babbio was in town to address the annual meeting of the nonprofit North Texas Commission, which
promotes local economic development.
At the glitzy luncheon - a band serenaded hundreds of attendees during the steak and shrimp meal, after
which ESPN anchor Linda Cohn introduced Mr. Babbio - Verizon's No.2 executive'talked about the
company's multibillion-dollar investment in high-capacity fiber-optic networks.
FiGS moved from pilot stage to commercial availability in Keller only about a week ago, but the
demand has been strong, Mr. Babbio said after the lunch.
"We're really not even doing broad-based advertising," he said.. "We're just doing 'what we call targeted
marketing. Which means you're literally sending direct mail. In some cases you're actually putting out
door hangers on people's homes. But the response has been exceptionally good."
FiGS is both an Internet service - faster than traditional cable or DSL - and a television service, and the
two applications can be purchased separately.
On the Internet side, users can get download speeds of 5, 15, or 30 megabits per second, depending on
how much they want to pay.
Various TV packages are also available.
For $39.95, for example., the user gets 180 digital channels. FiGS also offers more than 20 high-
definition channels.
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Mr. Babbio said that one advantage of the FiGS technology is that the television service doesn't steal
httn:/ /www.da11asnews.com/cQi -bin/bi/ £lold Drint. CQi
10/18/2005
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capacity from the Internet service, so users can watch high-definition movies and download large
Internet files simultaneously.
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E-mail ygpdinez@dallasn~ws.coln
Online at: http.:l/www~dªlJa$neV\ls.cºmls/dwslbus/stories/DN-verizon_01 bus.ART. State. Edition2.22179aQQ.html
http://www.dallasnews.com!cgi-binlbi/gold_print.cgi
10/18/2005
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SBC, Verizon seek to expand services to include TV programming in Texas
Page 1 of 1
"Attachment B
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Posted on Tue, Oct. 11, 2005
sac, Verizon seek to expand services to include TV programming
in Texas
By BOBBY WHITE
Star-Telegram Staff Writer
SSC Communications applied for a cable television franchise in Texas, bringing the number of pAone companies
petitioning the state to four.
SSC, which filed its application with the state's Public Utilities Commission, expects to roll out the service in early 2006 to
a limited number of customers across fiber-optic cable. Gene Acuna, an sse spokesman, said the company has not
determined how many customers it will include in its launch.
The company wants to "assess the results and see how things are going" before beginning a more aggressive rollout,
Acuna said.
SSC is the country's second-largest local-phone carrier, behind Verizon.
In its petition, SSC listed 21 San Antonio-area municipalities where it wants to offer service initially. Acuna said SBC
chose San Antonio as a launch pad for internet TV because SSC is based there. The company has not decided when it
would introduce the service to Fort Worth-Dallas, one of SSC's largest markets.
"We definitely have plans to add more markets later," he said. "Fort Worth-Dallas is definitely important to US.II
SSC follows Grande Communications, Verizon Communications and Guadalupe Valley Communications in filing for
statewide franchise agreements. Guadalupe Valley received approval to offer service in Kendall and Carnal counties last
week.
Phone companies successfully lobbied state legislators in the recent session to enact a law that would allow telecom
companies like sac and Verizon to negotiate statewide agreements, rather than be forced to negotiate with individual
cities.
The companies said a statewide agreement would bring competition to cable-dominated markets faster. The phone
companies are install.ing fiber-optic networks that will allow them to transmit voice, data, and video.
Verizon launched its video service two weeks ago when it began offering cable television to Keller residents. Verizon's
service is available to 400,000 Metroplex households.
By the end of 2007, sac hopes to make its internet television available to 18 million households.
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Bobby White, (817) 390-7616
bwhite@star-telegram.com
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Attachment C
CHECKLIST CONCERNING TRANSITION TO STATE ISSUED CABLE AND VIDEO
FRANCHISE-SB 5, Chapter 66, Utility Code.
1.
PEG Access Channels Grandfathered (Sec. 66.009. (b».- All "activated" Public, Educational
and Governmental ("PEG~') access channels that are "activated under the incumbent cable
service provider's franchise agreement as of September 1, 2005" are grandfathered. The city
should document and have it confinned by the incumbent cable provider (the cable provider
with the most number of subscribers in your city) that they agree with the City as to the number
of activated PEG channels. The documentation could be a channel line up list dated August,
which is on the provider's letterhead. The channel line could be from the provider's web site,
trom the local office or requested of them. Another alternative is for the City to send the
provider a letter from the City stating the City's count as to the number of activated channels
and stating that it will be assumed the count is correct unless the provider documents a different
number of activated PEG Channels.
2.
Institutional Network Capacity Grandfathered (Sec. 66.009.(d) (1». -- Institutional
Network Capacity which may be provided under a cable service provider's franchise will
continue to be provided until the franchise expires or January 1, 2008, whichever is
laterThereafter, I-Net capacity will be provided at "actual incremental costs" (generally defined
as out-of-pocket expense, not market value costs (Sec. 66.002. (1»). That I-Net capacity should
be documented as it is now and as it may be modified during the tenn of the franchise until the
franchise expires.
"Free" cable drops to Municipal and Educational Public School Buildings Grandfathered
(Sec. 66.009. (d)(2». Those drops are also grandfathered and continue until the franchise
expires or January 1, 2008, whichever is later. Thereafter the cable provider may deduct from
your franchise fee the "actual incremental costs" of providing those cable drop services. All of
the current drops and the drops that may be added through the years up to the tennination date
of the franchise should be documented in concert with the cable provider.
4.
Interlocal agreement between the city and the school district. Additionally, as the local
school districts may be operating any educational channels, and currently unilaterally
requesting directly from the cable provider new drops and equipment, if the City does not have
one, it should adopt an Interlocal agreement between the city and the school district on the
operation of those channels. Specifically the agreement should provide for a designated City
Official's consent before the school district may request any additional equipment and/or drops.
To do otherwise, would allow the school district to unilaterally request equipment and drops,
for which the actual incremental cost would be deducted from the City's franchise fee by the
provider after the franchise expires or Jan. 1, 2008, whichever is later. Secondly, the school
district should be required to provide written notice to the City by June 30, 2007 or 6 months
before the termination date of the current incumbent cable provider's agreement, whichever is
later, as to the number of cable drops they request to be continued, and how those will be
funded by the school district.
The "actual incremental cost" (Sec. 66.002. (1»)-- The cable provider should be requested to
provide what they calculate the actual incremental cost to be on both the I-Net capacity as it
currently exists and as to the cable drops as they currently exist. This will allow the city to have
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some understanding of how the cable provider interprets that definition and allow time to
negotiate differences prior to the expiration of the franchise or January 1, 2008, whichever is
later.
6. Public, Educational and Governmental cash capital support and support for Institutional
Networks (Sec. 66.006. (a»)- The new state-issued franchise holder "shall pay a municipality .
. . the same cash payments on a per subscriber basis as required by the incumbent cable
service provider's franchise agreement." if your current incumbent provider is paying you any
cash payments on Public, Educational, or Governmental access channel or I-Net capital
support. This is only as to cash payments, not as to the cash value of any equipment which may
be provided to the city. The city should document what the cash payments are and obtain
concurrence on that cash sum. It should be in the incumbent cable provider's interest to make
sure those cash payments are not disputed because they would want to ensure that the state-
issued franchise holder pays the same amount, at least proportionately, as they do.
All cable se~ice providers and all video service providers are to report quarterly to the
. municipality the total number of subscribers served within the municipality in order to calculate the
fee. .
This per subscriber payment by the holder of a PUC-issued franchise is to be calculated quarterly
. by the municipality "by multiplying the amount of cash payment under the incumbent cable service
provider's franchise agreement by a number derived by dividing the number of subscribers served
by a video service provider or cable service provider [the holders of a PUC-issued franchise) by
the total number of video or cable service subscribers in the municipality [the total of the city
franchised cable subscribers) ."
The numerator is the number of subscribers of "a" video or cable service provider that holds a pue
issued franchise. Each PUC issued franchisee is calculated separately, as the section refers to "a"
provider.
The denominator is not the total number of subscribers of both the video and cable subscribers
added together. It is one or the other; "or" is used in the statute-not "and". It will almost always
be the subscribers of the "cable provider", as that is the incumbent cable provider and not the
subscribers of a "video service provider". In some instances, if the incumbent franchise provider
asserts that they are not a Title VI cable provider, then they would be the "video" provider.
Per subscriber basis formula:
Incumbent cable provider cash payments times:
Subscribers served in the City by a holder ofPUC issued franchise
Total number of cable service subscribers of the incumbent cable provider in the city
Example:
Incumbent cable provider has cash payment of $2,000 per month (or $0.20 per subscriber) for PEG
capital support times:
A PUC-issued franchisee has 1.000 subscribers
Incumbent cable provider has 10,000 subscribers.
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To calculate the per subscriber basis payment, divide 1,000 by 10,000, which equals 1/10 or
10%. 10% of the $2,000 cash payment of the incumbent is $200. This $200 payment by the
PUC-issued franchise also calculates to $0.20 per subscriber. The PUC-issued franchisee pays
on a per subscriber basis the same as the incumbent provider, as intended by the formula.
7. Additional 1 % fee (Sec. 66.006. (b)) -- Once the franchise expires, all cable and video
providers in the city will pay in addition to the 5% franchise fee, and in lieu of any pro rata
PEG fee, they will be paying 1 % of gross revenue or, at the city's election, they will be paying
a per subscriber fee the same as the incumbent cable provider was paying, if the incumbent
were paying such a payment. As a rough estimate, if a city's per subscriber fee was greater than
8 to 10 cents, the City may be better off financially electing to keep that per subscriber fee
rather than the additional 1 % of gross revenue, depending on the average cable bill and how
much cable services increases over time. Certainly if a City's per subscriber charge in your
franchise is 25 cents or above, it would be a long time before inflation would catch up with that
25 cent charge. But each city should compare the financial impact of the 1 % with the set
subscriber fee at the time of the election (when the franchise expires.) This additional 1 %
payment is paid to the City by all state issued franchisees even if the incumbent cable franchise
had no such payment.
8. Impact on Pending Transfers of the Cable Franchise. (Sec. 66.004. (a), (d) and (e).) - In
transfers that have occurred or are currently pending, the transferee should still qualify as the
"incumbent cable provider" and thus not be eligible for a state issued franchise-but
grandfathered for the term of the franchise. The "incumbent cable provider" includes a
successor in interest. If there is a transfer it would be prudent to include in the transfer
resolution or ordinance a statement as to these "grandfathered" requirements, such as: a)
number of activated PEG channels as of September 1, 2005; b) I-Net capacity as it currently
exists; c) a list of cable drops to school and city facilities; d) how actual incremental cost is
computed; and e) how any Public, Educational or Governmental access channel capital support
is paid and how that is computed on a per subscriber basis, and if applicable, describe any per
subscriber fee that is required in the franchise.
9. Cable franchisees with less than 40% penetration may unilaterally terminate. (Sec.
66.004. (b».Any cable service providers which have less than a 40% penetration rate among
the subscribers in its authorized (not actual) service area are eligible to tenninate their franchise
by giving notice to the city and apply for a state franchise if they do so by January 1, 2006.
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Interlocal Agreement
North Texas Virtual Reference Library CONSORTIUM
This Interlocal Agreement ("Agreement") is made and entered into by and
between the libraries of the municipalities of Arlington, Texas in Tarrant County; Fort
Worth, Texas in Tarrant County; North Richland Hills, Texas in Tarrant County; Frisco,
Texas in Collin County; Rowlett, Texas in Dallas County, and Southlake, Texas in
Tarrant County, (hereinafter referred to as MUNICIPALITY individuallY,: or
(1..
MUNICIP ALITIES when referring to all six cities) for the mutual interest in providing
expert library reference assistance to citizens in their municipalities.
WHEREAS, each MUNICIPALITY is a duly organized political subdivision of
the State of Texas engaged in the administration of municipal government and related
. services for the benefit of the citizens; and
WHEREAS, Chapter 791 of the Texas Government Code authorizes
municipalities to contract with each other to the greatest extent possible to perform
govemniènt functions and services; and
WHEREAS, Section 271.102 of the Local Government Code permits a
municipality to participate in cooperative purchasing programs with other municipalities;
and
WHEREAS, the MUNICIPALITIES are engaged in the provision of library
service for the benefit of the citizens of these cities; and
WHEREAS, the MUNICIPALITIES hereby join in forming the North Texas
Virtual Reference Library CONSORTIUM (hereinafter referred to as the
.
CONSORTIUM); and
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WHEREAS, the COÌ'1S0RTIUM has agreed to provide shared interactive virtual
reference service over the Internet; and
WHEREAS, the CONSORTIUM and each MUNICIPALITY agree to
comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program.
NOW, THEREFORE, this Agreement IS made and entered into by the
MUNICIPALITIES as permitted by law.
I.
{\
The term of this agreement shall begin upon execution of the agreement by the
MUNICIPALITIES and shall end on September 30, 2006. Additional annual renewals
may be approved in accordance with paragraph IV and V and upon receipt of additional
. funding.
II.
For the purposes and consideration herein stated and contemplated, the
CONSORTIUM shall provide interactive virtual reference service over the Internet
without regard to race, religion, color, age, disability and/or national origin.
The CONSORTIUM shall develop and maintain through the libraries one or more
of the following programs of service:
Interactive virtual reference service over the Internet.
Remote access to each library's website.
Trained reference librarians or reference paraprofessionals to assist patrons of all
ages.
.
III.
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The CONSORTIUM shall designate the Director of Library Services, or his or her
designee, of each MUNICIPALITY to act on behalf of the MUNICIPALITY to insure
the performance of all duties and obligations of the MUNICIPALITY as herein stated.
Further each Director shall devote sufficient time and attention to the execution of said
duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of
this agreement, and shall provide management of software, hardware, equipment,
supplies, employees, agents, contractors, subcontractors, and/or laborers, if any, in the
furtherance of the purposes, terms and conditions of the agreement; and
WHEREAS, the Director of Library Services of each MUNICIPALITY will form
the Executive Committee to which each member MUNICIPALITY will participate and
have an equal vote.
IV.
The CONSORTIUM shall designate the City of North Richland Hills as
fiscal agent for grant funding purposes. Administration of funding, if applicable, will be
provided by North Richland Hills. During the last 30 to 60 days of the funding year,
service will be evaluated by the Executive Committee as to its effect. Consideration may
be made to apply for additional funding from state, federal and/or private sources, which
may become available, but approval and consent to apply for such funding will be
required from each MUNICIPALITY based on each MUNICIPALITY's funding process.
Each MUNICIPALITY will share in paying operating costs during the term of the
Agreement in an amount not-to-exceed the amount set forth in the attached Exhibit "A"
for each MUNICIPALITY respectively. Each party paying for the performance of
governmental functions or services must make these payments from current revenues
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available to the paying party. Other cities may be permitted to join and share in operating
costs after full approval of the Executive Committee.
V.
Any party to this Agreement may withdraw at any time, by giving sixty (60) days
advance written notice to the other parties. Notice shall be sufficient if delivered by hand
or via certified mail to the representative members of the Executive Committee. In the
event of such withdrawal by the Cities of Arlington, Fort Worth, Frisco, Rowlett, North
Richland Hills, or SoutWake, the other members of the Executive Committee may agree
to continue service and act as the Executive Committee. If any city chooses to withdraw,
the remaining MUNICIPALITIES may agree to terminate the CONSORTIUM
Agreement with no fiscal penalties.
VI.
This agreement represents the entire and integrated agreement between the
CONSORTIUM cities and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This agreement may be amended only by written
instrument signed by the governing bodies of each MUNICIP ALITY in the
CONSORTIUM.
VII.
The validity of this agreement and any of its terms or provisions, as well as the
rights and duties of the parties hereto, shall be governed by the laws of the State of Texas.
VIII.
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In the event that any portion of this agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and
in full force and effect to the extent possible.
IX.
The MUNICIPALITIES agree that each MUNICIPALITY will be independently
responsible for any liability or damages that MUNICIPALITY may suffer as a
result of claims, demands, costs or judgments, including reasonable attorney fees,
against it, including workers compensation claims, arising out of the performance of
this agreement, or arising from any accident, injury or damage, whatsoever, to any
person or persons, or to the property of any person(s) or corporation(s) occurring
during the performance of the agreement and caused by the sole negligence of that
MUNICIPALITY, its agents, officers and/or employees.
The MUNICIPALITIES further agree that any liability or damages as stated
above occurring during the performance of this agreement caused by the joint or
comparative negligence of them, their employees, agents and officers shall be
determined in accordance with the comparative responsibility laws of the State of
Texas.
X.
The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on behalf
of the parties hereto and each party hereby certifies to the other that any necessary
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ordinances or resolutions extending said authority have been duly passed and are now in
full force and effect.
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Executed in duplicate originals by the authorized representatives.
MUNICIPALITY:
By:
Name:
Title:
Resolution #
Dated
ATTESTED:
By:
City Secretary
e APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
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EXHIBIT "A"
Billing Exhibit (2005-2006)
PI
d· I
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ease InVOIce accor Ing ly:
Library Invoice
Amount
North Richland Hills Public Library $4,827
Steve Brown, Director
6720 NE Loop 820
North Richland Hills, TX 76180
817-427-6813
- sbrown{@nrhtx.com
Arlington Public Library $8,194
Cary Ann Siegfried, Director
P.O. Box 90231 MS 10-0100
101 East Abram St.
Arlington, TX 76004-3231
817-459-6916
si egfri edc({l),pu b-li b. c i .ar lin{!Íon. tx. us
Frisco Public Library $4,872
Ron Heezen, Director
8750 McKinney Road
Frisco, TX 75034
972-335-5510
rheezenúVfriscotexas. gOV
Rowlett Public Library $4,416
Rodney Bland, Director
3900 Main St.
Rowlett, TX 75088
972- 412-6102
rb land(â),ci.rowlett. tx.us
Fort Worth Public Library $11,297
Gleniece A. Robinson, Director
500 W. 3rd Street
Fort Worth, TX 76102-7305
81 7-871- 7706
robinsG(à)ci.fort-worth.tx. us
Southlake Public Library $4,394
Kerry McGeath, Director
1400 Main Street
Southlake, TX 76092
8177488384
k m c geath ({l),c i. southlake. tx. us
Total $38,000
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Y ARC-OF- THE-MONTH
October,_2005
AREA 1 Charles & Diana Darden! 6616 Brilev
Karen Carter.
AREA 2 Odell & Sandra Richardson. 6716 Shauna Dr.
Sandra Jackson, 281 2073
AREA 3 Charles Yates. 6504 Woodcreek
Lynda Hamilton, 485-0741
AREA 4 Anna Peters. 7700 Terrv
Cher Paris, 581 1522
AREA 5 Karen Russell. 8512 Newman Dr.
Dan Heth, 498-2880
AREA 6 Lisa Roan. 7429 Stewart Lane
Jerry Smith, 577-9102
AREA 7 Jane Lakins. 8217 Thorncrest Ct.
Retha Denys, 581-9097
AREA 8 No Winner Selected
Scott Wood, 845-1307 (work), 485-9250 (home)
AREA 9 Joe & Susan Weaver~ 8640 Shadvbrooke Dr.
Theresa Hampton, 418-1672 (home)
Texas SmartScape Winner No Winner Selected
Business Landscape Winner No Winner Selected
P 'R 0 C L.Jt:M .Jt TI O:N
'W.J{XXX.JlS, a{coFio{ aná otFier árug a6use ín tFiís natíon Fias reacFieá epWemíc
yroportíons, aná tFiose ín tFie 15 to 24 year oWage group are áyíng Q.t a faster
rate than tliose of other ages; aná
'W.J{XXX.JlS, ít ís ímyeratíve tFiat vísí6Ce, unifíeá yreventíon eáucatíon
efforts 6y communíty mem6ers 6e Cauncfieá to reáuce tne áemaná for
- tirugs; anti
'W.J{XXX.JlS, tfie 'BírávíCCe lnáeyenáent ScnooC 1Jístríct ís syonsoríng tne
'Reá Xí660n Camyaígn offeríng cítízens of Texas tne oyyortuníty to
áemonstrate tneír commítment to a árug-free CifestyCe; aná
'W.J{XXX.JlS, tne 2005 'Reá'Rí66on Camyaígn wíCC 6e ceCe6rateá ín every
communíty áuríng 'ReáXí66on 'Week, Octo6er 24-0cto6er 31; anti
'W.J{XXX.JlS, 6usíness, government, faw enforcement, scnooCs, reCígíous
ínstítutíons, servíce organízatíons, youtFi. ynysíci.ans, seníor cítízens,
mífítary, syorts teams, aná ínáívíáuaCs wí{{ áemonstrate tneír
commítment to árug-free, fieaftny CifestyCes 6y wearíng aná áísyfayíng reá
rí660ns áuríng tnís week-Cone camyaígn.
NO1¥, T:HXXXjOXX, 1, Oscar Trevíno, :Mayor of tne Cíty of Nortn
XícnCaná .J{íCCs áo nere6y yrocfaím tne week of Octo6er 24- 31, 2005 as:
"'RT'D 'RI1J1JON ÌtVTTX"
ín tne Cíty of Nortn XícnCaná .J{í{[s aná urge aCC cítízens to yartícipate
aná suyyort a strong commítment towarás a árug-free communíty.
J.
I:N 'WIT':NESS 'W:J-f'En'Eo:r, I have
Fie'reunto set my hand and causeá tFie
sear of tFie Cíty of :North ních[á,nd :J-fí{{s
to be affixed thís the 20ft áay of October
~ ~ .
, _ ~~ (lOJ J-(Af{)
scar T'revino, :Mayor
,
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MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HillS,
TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST
lOOP 820 - OCTOBER 10,2005
PRE-COUNCil SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session on
the 10th day of October, 2005 at 6:00 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
Present:
Oscar Trevino
Tim Welch
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
David Whitson
Nancy Bielik
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Jimmy Perdue
Drew Corn
Kyle Spooner
Vickie Loftice
Dave Green
Dave Pendley
Richard Abernethy
Call to Order
. Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilwoman
Councilwoman
.Councilman
Councilwoman
City Manager
'·Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Police Chief
Budget Director
Information Services Director
Park & Recreation Director
Chief Planner
Chief Building Official
Assistant to City Manager
Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m.
1. Discuss Items from Regular October 10. 2005 City Council Meeting
Item 7g - PW 2005-012 - Councilwoman Cox referred to the agreement and questioned
if the language on page one referencing the $10.00 and other good and valuable
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City Council Minutes
October 10, 2005
Page 2
valuable consideration hand paid by the City was considered contract language or if there
was other money involved. Attorney Staples advised that it was strictly contract language.
Item 7j, PAY 2005-009 - Councilwoman Cox questioned if the money came out of the
Crime Control Budget or General Budget. The City Manager advised the funding was in
the General Budget.
2. IR 2005-140 Discussion and Review of Street Name Chanaes for Boulevard 26 and
Iron Horse Boulevard
Mr. John Pitstick, Director of Planning & Development, advised the South Grapevine
Highway Corridor Study and Loop 820 Corridor Study recommended the renaming of
South Grapevine' Highway to Boulevard 26 and Industrial Park Boulevard and Tecnol
Drive to Iron Horse Boulevard. The Boulevard 26 name change will be throughout North
Richland Hills and the logo, design and color will be limited to south of Loop 820. Mr.
Pitstick presented a representation of the new signs. Council was advised the signs were
specialty signs, but would not cost any more than the signs normally used on major
thoroughfares. Staff has notified the post office and major utility companies and will be
mailing public notices to every property owner and business located on the streets. Staff
is proposing to bring forward an ordinance at the October 24 Council meeting to change
the names. The ordinance will be effective January 1, 2006 and each property owner and
business will have up to one year to change their addresses. The City of Richland Hills
plans to consider an ordinance on October 25 changing Grapevine Highway to Boulevard
26. Council was advised that there are five businesses located west of Precinct Line on
Boulevard 26 in the City of Hurst. The City of Hurst prefers not to change the name, but
their Council will consider the name change should a petition be received from their
businesses. Council was advised that it was not unusual for a street located in two cities
to have a different name on the two different sides of the street. In response to a
question from Council regarding exit signs that would need to be changed by TXDOT,
Staff advised that TXDOT is agreeable to the change as long as the City pays for any sign
changes.
3. I R 2005-141 Presentation of Electronic Agenda
Mr. Kyle Spooner, Information Services Director, presented to Council an electronic
agenda system proposed for North Richland Hills. A committee evaluated different
electronic agenda systems and the system used by the City of Farmers Branch best
meets the City's needs and requirements. Mr. Spooner demonstrated the system to the
Council, gave an overview of how the agenda will be developed electronically and
demonstrated how the Council will utilize the agenda on cd. Plans are to implement the
system at the December council meeting providing both an electronic agenda packet and
paper version at the December 12 and January 9 council meetings, and being solely
electronic at the January 23 Council meeting.
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City Council Minutes
October 10, 2005
Page 3
4. IR 2005-142 Discuss Schedulina of the November 28 and December 26 City Council
Meetinas
Ms. Patricia Hutson, City Secretary, advised the November 28 and December 26 Council
meetings fall close to the holidays. Staff is seeking Council direction on whether to cancel
the two meetings. A survey conducted of the departments revealed that there were no
significant issues scheduled for either the November 28 or December 26 meetings.
Should Council desire to cancel the meetings and there is unexpected business that
cannot be handled at the remaining meetings, Staff can notify Council of the need to
schedule a special meeting. The consensus of Council was to cancel the November 28
and December 26 Council meetings and a special meeting will be scheduled if
unexpected business arises.
5. Adiournment
Mayor Trevino announced at 6:30 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order October 10, 2005 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Tim Welch
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
Nancy Bielik
David Whitson
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
City Council Minutes
October 10, 2005
Page 4
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2.
INVOCATION
Councilman Whitson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Members from Boy Scout Troop 321 led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
None.
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5.
CITIZENS PRESENTATION
None.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Mayor Pro Tem Welch removed 7b from the consent agenda.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE SEPTEMBER 26, 2005 COUNCIL MEETING
B. REMOVED
C. AP 2005-05 CONSIDERATION OF A REQUEST FROM WINKELMANN &
ASSOCIATES FOR APPROVAL OF THE AMENDED PLAT OF VENTURE
e ADDITION (LOCATED AT 7901 GRAPEVINE HIGHWAY - 9.82 ACRES)
City Council Minutes
October 10, 2005
Page 5
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D. PU 2005-041 AWARD BID TO WAUKESHA PEARCE IN THE AMOUNT OF
$115,390 FOR EMERGENCY GENERATORS
E. PU 2005-042 AWARD ANNUAL CONTRACT FOR MISCELLANEOUS CONCRETE
IMPROVEMENTS - RESOLUTION NO. 2005-073
F. PU 2005-043 APPROVE CITY PURCHASING POLICIES AND PROCEDURES _
RESOLUTION NO. 2005-074
G. PW 2005-012 APPROVE TRINITY RIVER AUTHORITY PERMIT TO OPERATE AND
MAINTAIN WATER LINES AND STREET PAVING IN THE FOREST GLENN WEST,
PHASE III SUBDIVISION WITHIN A TRINITY RIVER AUTHORITY EASEMENT
(PERMIT #0773, REQUEST C-050517)
H. PAY 2005-007 APPROVE FINAL PAYMENT TO HUMPHREY AND MORTON
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $58,161.66 FOR THE
HOLIDAY WEST CHANNEL IMPROVEMENTS PROJECT (HOLIDAY LANE TO
MEADOW OAK DRIVE) AND THE RIVIERA EROSION IMPROVEMENT PROJECT
I. PAY 2005-008 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO
MAINTENANCE AGREEMENT - RESOLUTION NO. 2005- 077
e J. PAY 2005-009 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE
DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2005-078
COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
78.
FP 2005-15 CONSIDERATION OF A REQUEST FROM B & B CUSTOM HOMES FOR
APPROVAL OF THE FINAL PLAT OF EMERALD PLAZA ADDITION (LOCATED IN THE
5600 BLOCK OF DAVIS BOULEVARD - 6.601 ACRES)
APPROVED
Mayor Pro Tem Welch removed from consent agenda to address a change needed on
the final plat.
MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-15 WITH REVISION TO LOTS 4, 6 AND 7 FOR
ACCESS EASEMENT TO COMPLY WITH CITY ORDINANCE. COUNCILMAN WHITSON SECONDED THE
MOTION.
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City Council Minutes
October 10, 2005
Page 6
MOTION TO APPROVE CARRIED 7-0.,
8.
SRB 2005-03 PUBLIC HEARING TO CONSIDER A SIGN VARIANCE REQUEST BY
FIREBRAND PROPERTIES, L.P., ON BEHALF OF THE BURGER KING RESTAURANT
(LOCATED AT 6250 RUFE SNOW.DRIVE) FROM THE SIGN REGULATIONS, ARTICLE
106 OF NORTH RICH LAND HILLS CODE OF ORDINANCES
DENIED
Mayor Trevino opened the public hearing.
Nature of request is to consider a variance from the sign regulations to allow modifications
to an existing pole sign. The table of permitted uses from Article 106 state that pole signs
are prohibited in areas that are not located with the Freeway Overlay District or are not
part of a major development contain"ing 200,000+ square feet of building space.
Mr. Richard Dobbin who represented applicant was available to answer questions from
council.
Chief Building Official Dave Pendley advised council applicant was presented with ideas
for monument and button signs to improve store visibility. Mr. Pendley advised council
staff's recommendation is to deny sign variance request.
Mayor Trevino asked for anyone wishing to speak in favor of request to come forward.
Mr. Maury Siskel, 4516 Cummings Drive, spoke in favor of request.
Mayor Trevino asked for anyone wishing to speak in opposition of request to come
forward. There being no one wishing to speak Mayor Trevino closed the public hearing.
Councilwoman Bielik presented council with visibility pictures of applicant's business.
Councilwoman Bielik advised there is no room for a monument sign on Rufe Snow and
the trees on Rufe Snow hide the business. Councilwoman Bielik believes the applicant
has two hardships - the first one being the retaining wall and the property taken from
business when Rufe Snow was widened and the second being the landscape ordinance
and placement of trees that hide visibility of building.
COUNCILWOMAN JOHNSON MOVED TO DENY SRB 2005-03. COUNCILMAN WHITSON SECONDED
THE MOTION.
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City Council Minutes
October 10, 2005
Page 7
MOTION TO DENY CARRIED 5-2 WITH COUNCILMEN LEWIS, WHITSON, MAYOR PRO TEM WELCH,
COUNCILWOMEN COMPTON AND JOHNSON VOTING FOR DENIAL AND COUNCILWOMEN COX AND
BIELIK VOTING AGAINST DENIAL.
9.
SRB 2005-04 PUBLIC HEARING TO CONSIDER A SIGN VARIANCE REQUEST BY
CHARLES SMITH ON BEHALF OF NORTH HILLS HOSPITAL (LOCATED AT 4401
BOOTH CALLOWAY ROAD) FROM THE SIGN REGULATIONS, ARTICLE 106 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES
APPROVED
Nature ·of request is to consider a variance from the sign regulations to allow wall signs to
be installed on more than two elevations of the building and allow more than one
monument sign per street frontage that would not have 8 inches of masonry surrounding
sign. .
Mr. Charles Smith who represented applicant was available to answer questions from
council.
Mr. Pendley advised council staff is supportive of request primarily due to the general
health and safety issues involved in access and visibility to the City's only hospital. The
ability to see North Hills Hospital form several adjacent roadways is critical for the
traveling public as well as emergency vehicles in search of emergency access to the
hospital. It is staff's opinion that due to the necessity to properly identify the general
public of the hospital and emergency services the applicant has identified a unique
characteristic that creates a hardship.
Mayor Trevino clarified with City Attorney George Staples that he was not required to
recuse himself from discussion because he sits on the Executive Board for North Hills
Hospital.
Mayor Trevino opened the public hearing.
Mayor Trevino asked for anyone wishing to speak in favor of request to come forward.
Mr. Maury Siskel, 4516 Cummings Drive, spoke in favor of request.
Mayor Pro Tem Welch read letter received from Robin R. Smith, 7805 Rogan Drive, who
had no objection to the wall or monument signs, but recommended that the parking in
front of the hospital and professional buildings be eliminated.
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City Council Minutes
October 10, 2005
Page 8
Mayor Trevino asked for anyone wishing to speak in opposition of request to come
forward. There being n'o one else wishing to speak Mayor Trevino closed the public
hearing.
COUNCILWOMAN JOHNSON MOVED TO APPROVE SRB 2005-04. COUNCILWOMAN BIELIK
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
10.
SP 2005-10 CONSIDERATION OF A REQUEST FROM MYCOSKIE, MCINNIS
ASSOCIATES ON BEHALF OF· BATES CONTAINER FOR APPROVAL OF A SITE
PLAN FOR A 39,000+ SQUARE FOOT INDUSTRIAL BUILDING (LOCATED IN THE
6400 BLOCK OF SMITHFIELD ROAD - 2.45 ACRES)
APPROVED
Nature of request is to consider site plan approval of a proposed 39,300 square foot
industrial building for Bates Container. The site plan approval is required because the site
is located across from an existing residential neighborhood.
Mr. Michael Buckley, applicant, was available to answer questions from council.
Chief Planner Dave Green summarized item for council. Mr. Green advised the Planning
and Zoning Commission unanimously recommended approval of SP 2005-10 subject to
minor corrections concerning proposed parking which have been addressed by the
applicant.
COUNCILMAN L.EWlS MOVED TO APPROVE SP 2005-10. COUNCILWOMAN COMPTON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
11.
ZC 2005-15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM COZY
WATER PROPERTIES, INC. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL
TO "R-1" AND "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6900 BLOCK
OF CLIFT STREET - 1.906 ACRES) - ORDINANCE NO. 2852
DENIED
Mayor Trevino opened the public hearing.
City Council Minutes
October 10, 2005
Page 9
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Nature of request is to consider a zoning change from AG agricultural district to R-1 and
R-2 single family residential district for the purpose of developing a residential subdivision.
The request is the second from applicant to change AG zoning designation. The Planning
and Zoning Commission and City Council denied request from applicant (ZC 2005-1.1) on
July 21 , 2005 and August 8, 2005 respectively. The zoning ordinance stipulates that an
applicant must wait a period of six months prior to submitting an identical request. The
request before council is not identical so therefore the waiting period does not apply to
this case.
Mr. Charles Dibrell, 2109 Franklin Drive, Arlington who represented. applicant was
available to answer questions from council. Mr. Dibrell advised applicant's request
proposes a total of 4 lots for the site - one lot is proposed R-2 with the remaining lots
proposed as R-1.
Mr. Green advised council staff had received a petition of opposition from the nearby
property owners. The petition contains signatures from 52.3% of the property owners with
200' of the subject site therefore making the petition valid thus requiring a three-fourths
vote from the council to approve zoning change request. The Planning and Zoning "
Commission voted 5-2 for approval of request.
Mayor Trevino asked for anyone wishing to speak in favor of request to come forward.
e Mr. Charles Dibrell, 21 09 Franklin Drive, Arlington spoke in favor of request.
There being no one else wishing to speak. Mayor Trevino asked for anyone wishing to
speak in opposition ,to come forward. The following people spoke in opposition:
Randy Burton, 6921 Clift Street; Carol Brandt, 8908 Amundson Drive and Jane Munoz,
6901 Clift advised they would prefer R-1 zoning allowing only two houses.
There being no one else wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN LEWIS MOVED TO APPROVE ZC 2005-15. MOTION DIED DUE TO A LACK OF A
SECOND.
COUNCILWOMAN BIELIK MOVED TO DENY ZC 2005-15. MAYOR PRO TEM WELCH SECONDED THE
MOTION.
MOTION TO DENY CARRIED 6-1 WITH COUNCILMAN WHITSON,. MAYOR PRO TEM WELCH,
COUNCILWOMEN COX, COMPTON, JOHNSON, BIELIK VOTING FOR DENIAL AND COUNCILMAN LEWIS
VOTING AGAINST DENIAL.
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City Council Minutes
October 10, 2005
Page 10
12.
GN 2005-102 CONTINUATION OF BYRNE GRANT (NARCOTIC TASK FORCE)-
RESOLUTION NO. 2005-075
APPROVED
Nature of request is to consider resolution authorizing the Police Department to continue
with the Byrne Grant and apply for grant continuation for the special narcotics investigator
project.
Police Chief Jimmy Perdue was available to answer questions from council.
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION NO. 2005-075. COUNCILWOMAN BIELIK
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
13.
GN 2005-1 03 NOMINATION TO THE TARRANT APPRAISAL DISTRICT BOARD OF
DIRECTORS - RESOLUTION NO. 2005-076
e APPROVED
Nature of request is to consider resolution nominating John Henry Clanton to the Tarrant
Appraisal District Board of Directors.
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Budget Director Drew Corn was available to answer questions from council.
COUNCILWOMAN BIELIK MOVED TO APPROVE RESOLUTION NO. 2005-076. MAYOR PRO TEM
WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
14.
GN 2005-104 APPOINTMENT OF CHAIRMAN TO REINVESTMENT ZONE NO.1 AND
CHAIRMAN TO REINVESTMENT ZONE NO.2
APPROVED
City Secretary Patricia Hutson advised council the Bylaws for the Reinvestment Zone
Number One and Reinvestment Zone Number Two state council is to appoint a Chairman
to both boards on an annual basis.
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City Council Minutes
October 10, 2005
Page 11
COUNCILMAN WHITSON MOVED TO REAPPOINT MA VOR TREVINO AS CHAIR FOR BOTH BOARDS.
COUNCILWOMAN JOHNSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
15.
GN 2005-105 APPOINTMENTS TO NAMING BOARD
APPROVED
Ms. Hutson advised council appointments to the Naming Board are to be made annually
on or before November 1 and serve one-year terms. Mayor Trevino subject to council
approval makes appointments to the Naming Board and Mayor Trevino is recommending
that Councilwoman Compton, Councilman Lewis and himself be reappointed to the
Naming Board.
COUNCILWOMAN JOHNSON MOVED TO APPROVE THE RECOMMENDATION OF THE MAYOR TO
REAPPOINT COUNCILWOMAN COMPTON, COUNCILMAN LEWIS AND MAYOR TREVINO TO THE NAMING
BOARD.. COUNCILMAN WHITSON SECONDED THE MOTION
MOTION TO APPROVE CARRIED 7..().
16.
INFORMATION AND REPORTS
Councilwoman Bielik made the following announcements.
The Autumn Night Music concert series will continue on Friday, October 14, with a
performance by FINGERPRINTS, a Dallas-based jazz band. The free concert will begin
at 7 p.m. at Fossil Creek Park, 6101 South Onyx Drive. Guests are encouraged to bring
blankets and lawn chairs. For more information, please call 817-427-6620.
The North Richland Hills Fire Department Open House will be held Saturday, October 15,
from 10 a.m. - 2 p.m. at the Fire Administration Building, 7202 Dick Fisher Drive North.
Residents are invited to learn about the many important services provided by the North
Richland Hills Fire Department. For more information, please call 817-427-6905.
Neighborhood Services will celebrate the national Make a Difference Day on October 22
by coordinating Neighborhood Initiative Program projects. These projects may take the
form of cleanup, fix-up, painting and yard work for neighbors in need. Make a commitment
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City Council Minutes
October 10, 2005
Page 12
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commitment to help others for just one day. Make a difference on Make a Difference Day!
To volunteer or to suggest a project, please call 817-427-6651.
. Kudos Korner - Conrad Spangler, Terry Wreay, Chris Turner, Danny King
Public Works Department - A letter was received from a North Richland Hills resident
praising these employees for their quick response after she called to report that a tree
limb fell and was blocking her street. She said the employees were very efficient, pleasant
. and courteous. The problem was promptly solved and the resident appreciated it very
much.
17.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:42 p.m.
Oscar Trevino - Mayor
ATTEST:
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Patricia Hutson - City Secretary
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CITY OF
NORTH RICHLAND HILLS
Department: Library Council Meeting Date: 10/24/2005
Subject: Approve Interlocal AQreement for the North Texas Virtual Agenda Number: GN 2005-106
Reference Library Consortium - Resolution No. 2005-079
Background: An interlocal agreement for the operation of the pioneering online
information service known as the AnswerZone was originally approved in 2001 as part of
a grant funded by the Texas State Library. The original agreement formed the North Texas
Virtual Reference Library Consortium to provide a service called The Answer Zone over
the Internet. The consortium was the first of its kind in the state, and was in the vanguard
of library efforts to provide interactive information assistance online.
The consortium's membership has evolved over time, and now includes the cities of
Arlington, Fort Worth, Frisco, Rowlett, and Southlake.
The services provided by the Answer Zone include interactive virtual"·reference service
over the Internet, remote online access to a wide selection of premium licensed databases,
and remote acces~ to each library's website. The service is available 24 hours a day, 7
days a week.
This Interlocal Agreement between the cities of North Richland Hills, Arlington, Fort Worth,
Frisco, Rowlett, and Southlake covers the financial arrangement that funds provision of the
service. It will be in effect upon execution of the agreement by all parties and end on
September 30, 2006.
The costs of the NRH Library's participation as described in the agreement total $4,727,
and are included in the current fiscal year's budget.
Recommendation: Approve Resolution No. 2005-079.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 001-5002-542.64-15
Sufficient Funds ÄvallaDle
.~~~~ Þ8~
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...... ,.. ~ ~ . ." .
'. Department Head Signature
Finance Director
Page 1 of ---1..
e
e Patricia Hutson, City Secretary
e
RESOLUTION NO. 2005-079
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
The City Manager is hereby authorized to execute an agreement for membership
in the North Texas Virtual Reference Library Consortium.
PASSED AND APPROVED this 24th day of October, 2005
APPROVED:
Oscar Trevino, Mayor
ATTEST:
APPROVED AS TO FORM AND LEGAL TIY:
George Staples, Attorney for the City
APPROVED AS TO CONTENT:
Steven L. Brown, Library Director
~.. -"
CITY OF
NORTH RICHLAND HILLS
.
Department: Parks and Recreation
Council Meeting Date: 1 0/24/05
Subject: Award of Bid to AUI Contractors in the Amount of $73.700 Agenda Number: PU 2005-044
for the Construction of Linda Spurlock Park Playground
Expansion - Resolution No. 2005-080'
The approved Parks and Recreation Facilities Development Capital Improvement Program
includes funding for the expansion of the playground at Linda Spurlock Park.
The expansion of the playground, which was designed in-house, includes an additional
playground area to accommodate a play structure for ages 2-5. The project includes
additional sidewalk around the new playground area, benches and a seat wall.
Three bids were received on October 7, 2005 as follows:
Bid Items 1 - 4
$73,700
$75,560
$85,264
The lowest, most qualified bid was submitted by AUI Contractors in the amount of $73,700.
AUI Contractors is a Fort Worth based company with over 22 years experience in park
construction throughout the Metroplex.
The total _available construction funding is $73,752.50.
In order to accomplish the expansion work, the existing playground will be unavailable to the
public during the construction period. The construction, contract requires completion of the
project on or before February 6, 2006
Recommendation: To approve Resolution No. 2005-.080..
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~!i~ Head Signature
Account Number 125-8510-604.79-03
unds Available PK0406
Budget Director
Page 1 of 1
.
.
.
...J
RESOLUTION NO. 2005-080
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HilLS, TEXAS:
Section 1 : THAT the City Manager is hereby authorized to execute a contract with
AUI Contractors for the expansion of the playground at Linda Spurlock
Park, as the act and deed of the City.
PASSED AND APPROVED on the 24th day of October 2005.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
tkìr4{~
Vickie Loft e, Director of Parks and Recreation
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 0/24/2005
Subject: Appointment to Keep North Richland Hills Beautiful Agenda Number: GN 2005-107
Commission - Place 4
Place 4 on the Keep North Richland Hills Beautiful Commission is vacant. Councilwoman
Johnson is recommending that Ms. Doris Tipps be appointed to fill the unexpired term.
Ms. Tipps a 37 -year resident resides in the south quadrant of the city. If approved Ms.
Tipps' term will expire June 30, 2006.
Recommendation:
To consider the appointment of M.s. Doris Tipps to Place 4 on the Keep North Richland
Hills Beautiful Commission, term expiring 6/30/2006.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallaole
gábué(C0~
Department Head Signature
¿ Jy ~~nœDirector
, City Mana gnature
Paae 1 of 1
CITY OF
NORTH RICHLAND HILLS
. Department: Economic Development
Council Meeting Date: October 24, 2005
Subject: Approve Street Name Chanae of Grapevine Highwav
to Boulevard 26 - Ordinance No. 2853
Agenda Number: GN-2005-108
Background:
Staff has prepared a formal ordinance to change the name of Grapevine Highway to
Boulevard 26 throughout the limits of North Richland Hills. The new name "Boulevard 26" is
an outgrowth of the South Grapevine Highway Corridor Study. The new Boulevard 26 is
supported by the Twentysix Oversight Committee which has City Council representation from
both North Richland Hills and Richland Hills. Both City Councils have also passed a joint
resolution supporting the name change. The area south of Loop 820 is intended to be a
unique redevelopment area for Richland Hills and North Richland Hills with a specific logo,
unique signage and different street design criteria. The area north of Loop 820 within North
Richland Hills will be a name change only utilizing our typical street signs. The City of
Richland Hills has an ordinance revision for the naming of Boulevard 26 on their October 25,
2005 City Council agenda.
.
Staff has sent out approximately 330 letters notifying all property owners within our city of the
proposed name change. This includes about 200 businesses. The City of Hurst has also
been notified of the street name change but has decided to see if there is interest from their
businesses before making a similar change.
The effective date of the street name change is January 1 2006 and the City will be installing
the new street signs during the month of January. The Post Office will deliver mail to all
properties at both the Grapevine Highway and Boulevard 26 address until January 1, 2007.
This will allow all tenants and businesses affected by this name change a one-year transition
period to change stationary and take any other steps necessary to fully implement the
address change.
RECOMMENDATION:
Approval of Ordinance No. 2853.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallacle
~R --p~
Department Head Signature
Finance Director
/ ~ǿM
Page 1 of 1
.
.
.
2
ORDINANCE NO. 2853
AN ORDINANCE RENAMING A STREET LOCATED IN THE CITY
4 OF NORTH RICHLAND HILLS, TEXAS FROM GRAPEVINE
HIGHWAY TO BOULEVARD 26; AMENDING STREET
6 REFERENCES IN THE NORTH RICHLAND HILLS CODE OF
ORDINANCES.
8
WHEREAS, the City Council desires to rename Grapevine Highway to Boulevard 26 ;
10 NOW, THEREFORE,
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
14
Section 1:
THAT Grapevine Highway, which is located in the City of North Richland
Hills, Tarrant County, Texas, is hereby renamed "Boulevard 26" effective
January 1,2006.
16
18
Section 2:
THAT the North Richland Hills Code of Ordinances, and all other references
to Grapevine Highway, are hereby amended by changing the words to
Boulevard 26.
20
22
AND IT IS SO ORDAINED.
24
26
PASSED AND APPROVED on this _th day of
, 2005.
28
CITY OF NORTH RICHLAND HILLS
30
32
By:
Oscar Trevino, Mayor
Ordinance No. 2853
Page 1 of2
. ATTEST:
2
4
Patricia Hutson, City Secretary
6
APPROVED AS TO FORM AND LEGALITY:
8
10
George A. Staples, Attorney
12
APPROVED AS TO CONTENT:
14
16
Department Head
.
.
Ordinance No. 2853
Page 2 of2
.
.
.
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Proposed Street Name Change
from
Grapevine Hwy
to
Boulevard 26
04 OCT 05 9'5_0539 Grapevlne_50uth_name change.mxd
.
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Proposed Street Name Change
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04 OCT 05 915_0539 Grapevlne_north_name change.mxd
,~
CITY OF
NORTH RICHLAND HILLS
Department: Economic Development
Council Meeting Date: October 24, 2005
Subject: Approve Street Name Change of Industrial Park Boulevard Agenda Number: GN-2005-109
and Tecnol Boulevard to Iron Horse Boulevard - Ordinance No. 2854
Background:
Staff has prepared a formal ordinance to change the name of Industrial Park Boulevard and
Tecnol Boulevard to Iron Horse Boulevard throughout the limits of North Richland Hills. The
new name "Iron Horse Boulevard" is an outgrowth of the Loop 820 Corridor Study. This effort
has been supported by City Council with the adoption of the Loop 820 Study. The Iron Horse
Boulevard name has been recommended because of the potential mass transit opportunities
and the fact that many heavy industrial tracts are being converted to commercial and mixed
use developments. This overall change will help identify and promote our golf course and
support more of a mixed land use and transit oriented development in this area rather than
just being an industrial area.
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Staff has sent out about 25 letters notifying all property owners along or adjacent to the
existing Industrial Park Boulevard and Tecnol Boulevard of the proposed name change. The
effective date of the street ,name change is January 1, 2006 and the City will be installing the
new street signs during the month of January. The Post Office will deliver mail to all
properties at the Industrial Park Boulevard, Tecnol Boulevard and Iron Horse Boulevard
address until January 1, 2007. This will allow all tenants and businesses affected by this
name change a one-year transition period to change stationary and take any other steps
necessary to fully implement the address change.
RECOMMENDATION:
Approval of Ordinance No. 2854.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds ÄvallaDle
.
.~~
Department Head Signature
¿ ~ Finance Director
, City Man~
Page. 1 of 1
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ORDINANCE NO. 2854
AN ORDINANCE RENAMING STREETS LOCATED IN THE CITY
OF NORTH RICHLAND HILLS, TEXAS FROM INDUSTRIAL
BOULEVARD AND TECNOL BOULEVARD TO IRON HORSE
BOULEVARD; AMENDING STREET REFERENCES IN THE
NORTH RICHLAND HILLS CODE OF ORDINANCES.
WHEREAS, the City Council desires to rename Industrial Boulevard and Tecnol
Boulevard to Iron Horse Boulevard; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1:
THAT Industrial Boulevard and Tecnol Boulevard, which are located in the
City of North Richland Hills, Tarrant County, Texas, is hereby renamed
"Iron Horse Boulevard" effective January 1,2006.
Section 2:
THAT the North Richland Hills Code of Ordinances, and all other references
to Industrial Boulevard and Tecnol Boulevard, are hereby amended by
changing the words to Iron Horse Boulevard.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this _th day of
, 2005.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Ordinance No. 2854
Page 1 of2
. ATTEST:
2
4
Patricia Hutson, City Secretary
6
APPROVED AS TO FORM AND LEGALITY:
8
10
George A. Staples, Attorney
12
APPROVED AS TO CONTENT:
14
16
Department Head
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Ordinance No. 2854
Page 2 of2
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Haltom City
NRH
Proposed Street Name Change
from
Industrial Park Blvd/Teenol Blvd
to
Iron Horse Blvd
04 OCT 05 gis_0539 IndPk_TecnoLname change.mxd
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Page 1 of 1
John Pitstick
From: Dan Smalle
Sent: Wednesday, October 19,2005 5:43 PM
To: John Pitstick
Subject: PROPOSED NAME CHANGE: INDUSTRIAL PARK BLVD. TO IRON HORSE BLVD.
Dear John:
I want you to know that I am in full support of the City's proposal to change the name of Industrial Park Boulevard
to Iron Horse Boulevard and commend both you and the city for being pro-active to affect this long-needed
change. I can't tell·you how many times I've spoken to tenant prospects for my retail development project and
given them the location of "Loop 820 at Industrial Park Boulevard" only to hear them respond "Oh, we don't want
to locate our store in an industrial area". I would then have to spend the next 1 0 minutes trying to convince them
that the site is not in an industrial area, despite the misleading name of Industrial Park Boulevard, very often
without success.
The name change to Iron Horse Boulevard will be of immeasurable benefit in establishing a recognizable name
identity for the area, eliminate confusion regarding existing or desired land uses (not industtial), and promote
future mixed use development in an Iron Horse District as envisioned in the recently completed Loop 820 Corridor
study. The Iron Horse name is already in use by golf course, apartment and retail developments in the area and
future developments, including a potential future light-rail station, are likely to utilize the name for ease of location
by their customers and patrons. Additionally, the name change is especially timely given the amount of yet-to-be-
developed land in the area, thereby minimizing the number of postal customers affected by an address change.
John, I strongly support this name change and urge the City Council to affect the name change to IRON HORSE
BOULEVARD as soon as possible.
Sincerely,
Dan Smalley
For Skeeter & Bucky, L P
d/b/a Iron Horse Crossing
Dan Smalley
President
Prizm Partners
1-5660 N. Dallas Parkway
Suite 1100
Dallas, TX 75248
(469) 232-3458 - Direct
(469) 232-3497 - Fax
10/20/2005
AKM INC.
REAL ESTATE
m
ASSET MANAGEMENT · INVESTMENT. DEVELOPMENT
October 19, 2005
Mayor Oscar Trevino
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: Industrial Park Blvd name change
Dear Mayor,
On Monday the 17tlt of October I received a letter from City of North RicWand Hills
infonning me that Industrial Park Blvd. was going to be renamed Iron Horse and the time
frame for this implementation.
I cannot adequately express how disappointed I was in the City's action. The letter
states, "The City is sensitive to the needs of each business". Quite the contrary is true; the
City's action is truly insensitive. This is the only notification any business received
regarding the name change. The three active business Hill Top Apartments, Wells Fargo
and I had no knowledge of the change and were not even consulted when we are the ones
directly affected. I built my facility in 1985 and have had my offices here ever since. The
same time frame exists for the other business. I have discussed this with Hill Top
Apartments and Wells Fargo and none of us wishes to see the streets name changed from
Industrial Park Blvd. The economic impact alone is substantial and it appears none of this
was taken into consideration. To many of us Iron Horse means nothing and the only
thing is could be associated with is the City's golf course.
I agree that Tecnol Boulevar~ needs to disappear since it is an extension of Industrial
Park Blvd. and Ìecnof Co. no longer exists. The re-naming ot'Industrial Park Blvd. is a
bad idea and one, which the business affected by it, are adamantly opposed to.
I will be present at your Council meeting Monday night should anyone desire to discuss
this further.
Sincerely,
~/
6646 INduSTRiAL PARk BLvd. · SUiTE A · NORTH RicH LANd HiLLs, TEXAS 76180 . 817-485-8585 METRO 498-7654
, ~'
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CITY OF
NORTH RICHLAND HILLS
Department: City Manaqer's Office
Council Meeting Date: 1 0/24/05
SUbject: Denial of 2004 Interim Rate Adjustment AQenda Number: GN 2005-110
Proposed by Atmos Energy Corporation - Ordinance No. 2855
In September Atmos Energy Corp., Mid-Tex Division, (the "Company") filed with the City of
North Richland Hills a request pursuant to Texas Utilities Code §1 04.301 for an annual gas
reliability infrastructure program (GRIP) rate increase for customers on the Company's
statewide gas utility system to be effective November 19, 2005. As you may recall, this
type of increase is referred to as a GRIP filing which references the Annual Gas Reliability
Infrastructure Program Rate Adjustment legislation that was passed in 2003 and is now
codified in Texas Utilities Code Section 104.301. A GRI P filing allows interim utility rate
adjustments to recover additional invested capital without filing a full rate case. These
rates remain in place until a full rate study is conducted. This GRIP filing is for calendar
year 2004. The GRIP filing that was broùght to Council last January for suspension and in
July to deny was for capital investment in calendar year 2003. The Railroad Commission
ultimately approved the previous GRIP request. That rate increase is already in place.
The City has three options regarding this request. We can accept Atmos' proposed rate
increase, deny it or suspend. Counsel for the Atmos Cities Steering Committee (ACSC),
upon review of the Company's filing and upon consultation with various consultants,
recommends denying Atmos' proposal because it is unjustified, unreasonable and is not in
compliance with the GRIP statute either in fact or in law.
The attached Ordinance denies the Atmos GRIP filing and authorizes the City to
participate with other cities in a Steering Committee to hire and direct legal counsel and
consultants to negotiate with Atmos, to make recommendations to the City regarding the
proposed GRIP Rate Increase, and to direct any administrative proceeding or litigation
associated with the proposed GRIP Rate Increase.
The Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking
activities are to be reimbursed by the regulated utility and ACSC's rate case expenses
incurred in this proceeding are reasonable and should be reimbursed Atmos.
Recommendation: Approve Ordinance No. 2855.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
lit
Department Head Signature
Account Number
Sufficient Funds Avai a e
~ ~/J 0
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City Manager Signature..·· . /
!...--"'.
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ORDINANCE NO. 2855
AN ORDINANCE OF THE CITY OF NORTH RICHlAND HILLS, TEXAS,
DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX
DIVISION, FOR AN ANNUAL GAS RELIABiliTY INFRASTRUCTURE
PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A
PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION
SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN
THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION
SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE
(ACSC); AUTHORIZING ACSC TO HIRE lEGAL AND CONSULTING
SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT
ANY NECESSARY liTIGATION; AUTHORIZING INTERVENTION AS
PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE
RAilROAD COMMISSION; PROVIDING A REQUIREMENT FOR A
PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY;
FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REUQIRED BY lAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY
CORP., MID-TEX DIVISION.
e
WHEREAS, on or about September 17, 2005, Atmos Energy Corp., Mid-Tex
Division, (the "Company") filed with the City of North Richland Hills ("City"), a request for
an annual gas reliability infrastructure program (GRIP) rate increase for customers on
the Company's statewide gas utility system to be effective November 19, 2005; and
WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's
request as it pertains to the distribution facilities located within the City, pursuant to
Texas Utilities Code §§ 102.001 (b) and 103.001; and
WHEREAS, it is reasonable for the City of North Richland Hills to cooperate with
other cities in a coalition of cities in opposition to the Company's filing at the Railroad
Commission ("Commission"), said coalition being knows as Atmos Cities Steering
Committee ("ACSC"), in any appeal of the cities' actions to the Commission; and
WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the
right to intervene in rate proceedings filed at the Railroad Commission; and
WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by
the City in ratemaking activities are to be reimbursed by the regulated utility; and
e
WHEREAS, counsel for ACSC, upon review of the Company's filing and upon
consultation with various consultants, recommends finding that the Company's proposal
is unjustified, unreasonable; and
e
WHEREAS, the Company has publicly stated that it will receive substantial profit
in 2005 and that its expenses are substantially below those on which the GUD No. 9400
rates it is charging were based; and
WHEREAS, the Company's GRIP request fails to account for growth in numbers
of customers, thereby undercounting the revenues it will receive from its proposed GRIP
rate increase; and
WHEREAS, the Company's GRIP request fails to recognize that GUD No. 9400
rates included profit based on TXU Corporation's capital structure rather than Atmos
Energy Corp.'s current capital structure, which justifies a lower rate of return; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICH LAND HILLS, TEXAS:
SECTION 1. That the Company's GRIP rate increase request is found to be
unreasonable and is therefore denied in all respects.
SECTION 2. That the City is authorized to cooperate with other cities within the
Company's Distribution System that have formed ACSC to hire and direct legal counsel
and consultants, negotiate with the Company, make recommendations to the City
regarding reasonable rates and to direct any necessary litigation associated with an
e appeal of a rate ordinance and the rate case filed at the Commission.
SECTION 3. That the costs incurred by the City in reviewing the Company's
GRIP request shall be promptly reimbursed by the Company.
SECTION 4. That the City is authorized to intervene in any appeal of the City's
action filed at the Commission, and to participate in any such appeal as a member of
ACSC.
SECTION 5. That this Ordinance shall be come effective immediately from and
after its passage, as the law and charter in such cases provide.
SECTION 6. That it is hereby officially found and determined that the meeting at
which this Ordinance is passed is open to the public as required by law and that public
notice of the time, place and purpose of said meeting was given as required.
SECTION 7. That a copy of this ordinance, constituting final action on the
Company's application, be forwarded to the appropriate designated representative of
the Company within 10 days as follows: Richard T. Reis, Atmos Energy Corp., 5420
LBJ Freeway, Suite 1800, Dallas, Texas, 75240, and to Geoffrey Gay, legal counsel to
the coalition of cities, at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725.
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Ordinance No. 2855
Page 2 of 3
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DULY PASSED and approved by the City Council of the City of North Richland
Hills, Texas, on this the 24th day of October, 2005.
APPROVED:
ATTEST:
Oscar Trevino, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM:
George Staples, City Attorney
Ordinance No. 2855
Page 3 of 3
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Council Meeting Date: 1 0/24/2005
Subject: Approve Cancellation of November 28. 2005 and
December 26, 2005 City Council Meetings
Agenda Number: GN 2005-111
At the October 10, 2005 Pre Council meeting Council discussed canceling the November
28 and December 26 Council meetings due to the close proximity to Thanksgiving and
Christmas. The consensus of Council was to cancel the two meetings and should there be
unexpected business that cannot be handled at the remaining meetings in November and
December, consideration will be given to calling a special meeting.
Recommendation:
To cancel the November 28, 2005 and December 26, 2005 City Council meetings.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
-& atitetti /JIut-..JP--
Department Head Signature
Finance Director
PaQe 1 of 1
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/24/05
Subject: Award of Bid to Dal-Ec Construction, Ltd. in the amount of Agenda Number: PW 2005-045
$284,700.00 for the Rufe Snow Street Lighting Project
The project will consist of the installation of street lights in accordance with the City's
standards along Rufe Snow Drive between IH 820 and Mid-Cities Boulevard. The City's
street lighting standards are different than the standards allowed by TxDOT. As such,
TxDOT would not permit street lighting in accordance with the City's standards to be
included as part of the Rufe Snow Widening Project. Therefore, City staff was required to
have this street lighting project designed and bid as a separate project.
The first bid opening for the project was held on August 23, 2005. The City received only
one bid for the project at this bid opening. As staff was concerned with the lack of bidders
on the project, staff returned the un-opened bid packet to the bidder and sought additional
avenues beyond what is required by law to attract more bidders for the project.
State law requires that the City publish an advertisement/notice for bids at least once a
week for two (2) consecutive weeks in a newspaper published in the municipality and that
the first date of published advertisement/notice be at least 15 days prior to the bid opening
date.
A second bid opening was scheduled and conducted on September 28,2005. Beyond the
requirements of state law, in an effort to increase the number of contractors to bid on the
project, staff increased the "bid advertisement/notice time period", the Purchasing Division
posted the Project on their portion of the City's website, and the Public Works Department
sent letters to thirteen (13) contractors who specialize in street light installation work.
At the September 28th bid opening, again, only one bid was received for the project. This
bid was in the amount of $284,700.00 and was from the same contractor who submitted a
bid at the first (August 23rd) bid opening, Dal-Ec Construction, Ltd. (DEC).
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~
Account Number ST0406
Suffiçie);\t Fu nds Ävallaole
, I ,/
, .~ . /\^ ~ / ( r-- ..-¡." I"'"
· f', ¿ t.,/ 1 / . . ~) v v'"~e Director
.j
Budget Director
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1'7;( 1 C 1::;.
I t· (~ ~-. .
Department Head Signature
Page 1 of _
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CITY OF
NORTH RICHLAND HILLS
Staff asked the consulting engineering for the project, Maloney Associates Consulting
Engineers, Inc. (MACE) to research the reason(s) for the City receiving one bid for the
project and MACE's research yielded the following:
1. Electrical contractors are not usually the prime contractor for a project;
2. Electrical contractors do not have barricades, signs, cones and flaggers for traffic
control;
3. The traffic control requirements are stringent for an electrical contractor;
4. The State's mandated storm water control requirements are unfamiliar to an
electrical contractor; and
5. Working on Rufe Snow Drive is dangerous for an electrical contractor.
DEC is the same contractor who successfully completed the "North Tarrant Parkway _
Phase I Street and Pedestrian Lighting Project" for the City in 2003. MACE also
researched DEC and has determined that DEC has performed well on several other similar
projects throughout the metroplex area. Upon contacting DEC's references, MACE
obtained very good comments regarding DEC's quality of work and professionalism.
There are sufficient funds available for the Project and MACE recommends award of the
Project to DEC.
Recommendation: To award the bid to Dal-Ec Construction, Ltd., In the amount of
. $284,700.00.
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CITY COUNCIL ACTION ITEM
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Announcements and Information
October 24, 2005
Announcements
The North Richland Hills Public Library is rated #1 in the state for cities with
a population of 50,000 to 100,000, according to the 2005 Hennen's
American Public Library Ratings. When all population groups are
considered, the Library is the second highest rated library in the DFW area
this year, falling just behind Grapevine. The annual ratings are based on
several factors such as circulation, staffing, materials, reference service,
library visits and funding levels.
Join us on Saturday, October 29, for a "ghoulishly" good time at this year's
Hoot n' Howl. This free event is scheduled from 5 to 8 p.m. at Green Valley
Park, 7701 Smithfield Rd. Activities will include live entertainment, bounce
houses, game' booths, a "spooktacular" haunted hay ride and a costume
contest. For more information, please call 817-427-6600.
The North Richland Hills Animal Adoption and Rescue Center holds Pet
Adoptions every Saturday from 11 a.m. to 4 p.m. at PetCo, 8004 Denton
Hwy., in Watauga. For more information, please call 817-427-6970.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things '
they do.
Officer Kenneth Carr, Police Department
An e-mail was received from a North Richland Hills resident expressing
appreciation to Officer Carr for finding his dog, which had been hit by a
vehicle, and taking .her to the vet. Without Officer Carr's compassion the
dog would have died. The resident said this type of caring sets NRH apart
from other cities.