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HomeMy WebLinkAboutCC 1971-02-22 Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 MORGAN CIRCLE, FEBRUARY 22, 1971 7:30 P.M. The meeting of the City Council of the City of North Richland Hills was called to order by Mayor Marion L. Massey at 7:30 P.M. PRESENT: Mayor: City Councilmen: CALL TO ORDER RO LL CALL STAFF PRESENT: City Manager: City Secretary: City Attorney: Chief of Police: City Engineer: ABSENT: City Councilman: City Councilman: Marion L. Massey M.E. Riddle Dick Faram W.F. Polster Tom E. Newman J .Ii'. Cato Jack D. Russell Evalyn R. Huston Dennis M. Morrow J.R. Price Dick Perkins J.R. Hubbard Charles L. Owen INVOCATION The invocation at this +egular City Council meeting was given by Councilman W.F. Polster. AFPROV AL Oli' THE MINUTES OF THE PREVIOUS MEETING Regular City Council Meeting - February 8, 1971 Councilman Polster moved, seconded by Councilman Riddle, that the City Council approve the minutes of the regular City Council meeting of February 8, 1971 as presented. The motion carried by a vote of 5-0. J' DEVELOPlVIEl':¡T OF FEDERAL AND STATE PROGRAM GRANTS This item is placed on the agenda and the City Manager, Jack D. Russell, recommends and is asking for approval of the City Council to employ the firm of Christian, Miller, and Honts, Inc., 2 for development of federal and state program grants and previously outlined to the City Council in detail. Councilman Polster moved, seconded by Councilman Faram, that the City Council authorize the employment of Christian, Miller and Honts, Inc., as presented at $650.00 per month for a period of 90 days. The motion carried by a vote of 5-0. ACTION ON HOUSE BILL 87 This item is placed on the agenda by the City Manager needing direction from the City Council for authorization to prepare resolution supporting or opposing House Bill 87, establishing a State Utilities Commission. Councilman Faram moved, seconded by Council- man Cato, that the City Council officially oppose the passage of House Bill 87 and so direet proper resolution to be prepared indicating this action. The motion carried by a vote of 5-0. ESTES SERVICE COMP ANY This item is placed on the agenda by the City Manager upon receipt of request from Estes Service Company for rate increase for service or elimination of the tub-out service. The Sanitation Committee has met and reviewed this matter thoroughly, being comprised of Councilman J.F. Cato and Councilman Tom E. Newman. A report of recommendations was presented to the City Council by Councilman Cato as follows: "a.. The City Council authorize a change to curb-side service at the existing $2.50 monthly rate. b. Section 11 of the Estes Franchise Ordinance 211 be amended to provide for curb-side pickup. c. Section 2 of the North Richland Hills garbage disposal Ordinance #24 be amended to provide a front building line storage provision and a curb-side pickup option. d. The City Manager be instructed to see to it that the provisions of Ordinance #211 be adhered to in the future, 3 most specifically section 2 and 9 covering spilling of trash and cleanup. e. The City Manager be instructed to furnish a feasibility study to the Council, prior to the July study sessions on the 1971-72 budget, concerning a City operated, refuse collection service." Councilman Cato moved, seconded by Councilman Newman, that the City Council follow the recommendations of the Sanitation Committee as outlined above, and approve their adoption. The following residents of the City appeared before the City Council to discuss refuse collection at their residence: Mrs. Edward L. McCoy Mr. Jim Childress Mr. Paul E. Field Mr. William C. Moore Councilman Polster moved, seconded by Councilman Riddle, that the original motion be amended to read that the recommendations would be followed for a period of 90 days, with committee and City Council review at the end of that period. The vote on the amended motion carried by a vote of 5-0. Councilman Faram moved, seconded by Council- man Polster, that this item be tabled in order to allow other City Council members to select a group of residential streets within the City and conduct another straw vote to determine the feeling of the citizens on this matter and the City Council will consider this matter again at its regular City Council meeting of March 22, 1971. The motion carried by a vote of 5-0. North Richland Junior High School 9th Grade Basketball Team PROCLAMATION Mayor Marion L. Massey, on behalf of the City Council and the residents of North Richland Hills presented the following proclamation to Coach Dale Hensarling for North Richland Junior High School and the 9th Grade Basketball team, with the team members present and recognized by Mayor Massey: 4 "WHEREAS, the North Richland Junior High Falcons are now ninth grade district champions, having compiled the impressive record of sixteen wins to one loss; WHEREAS, this team is coached by Dale Hensarling and is composed of fifteen very fine young men, Paul Miller Mark Smith John Paclik Mike Cooke Robert Binion Mark Murray Rob Daniel Robert Taylor Don Reed Kenneth Hampton Glenn Pennington Roger Guinn Mike Smith MANAGERS: Steve Spradlin Pat McGuire 1......;...'- WHEREAS, it is the desire of the City of North Richland Hills to recognize this outstanding basketball team of North Richland Junior High and to pay tribute to Coach Hensarling and the team members: NOW, THEREFORE, I, 1UffiION L. ~~SSEY, MAYOR of the City of North Richland Hills do hereby proclaim this the 22nd day of February, 1971, a most fitting day for this occasion in the City of North Richland Hills, as "Falcon Day" and call upon the citizens of North Richland Hills, Texas, to give appropriate recognition of this day. In witness where I have hereunto set my hand and this seal of the City of North Richland Hills to be affixed this 22nd day of February, 1971." /s/ Marion L. Massey CITIZEN PRESENTATION Mrs. Edward L. McCoy 4917 Nevada Trail Fort Worth, Texas 76118 281-6645 5 1~s. McCoy appeared before the City Council asking for future development within the City of North Richland Hills be amended by Ordinance to include the requirement of construction of sidewalks at the time of development, that all utility poles and lines be placed to the side of property, and the purchaser of residential property be furnished a photograph of their foundation showing layout of all water and sewer pipes, gas or other pipes it contains within the cement. RESOLUTION 71-6 Resolution 71-6 was presented to the City Council by Mayor Marion L. Massey, which is a Resolution as follows: "A Resolution by tLe City Council of North Richland Hills, Texas, authorizing the employees of North Richland Hills, Texas, to form a credit union either independently or jointly with any other City or Cities in Northeast Tarrant County." Councilman Faram moved, seconded by, Council- man Polster, tüat the City Council approve and adopt Resolution 71-6 as presented. The motion carried by a vote of 5-0. LEASE AGREEMENT Lot 10 - Block 10 - Hillview Addition The City Manager, Jack D. Russell, presented lease agreement to the City Council for consideration, being a lease agreement on Lot 10 Block 10, Hillview Addition between the City of North Richland Hills and the Richland Youth Association, wherein the lessee agrees to lease said property for the express purpose of con- structing or moving thereon a storage build- ing in order to maintain its athlethic equipment and any other related uses, for a period of six months for a cost of $1.00. Councilman Newman moved, seconded by Council- man Polster, that the City Council authorize tJ~e approval and execution of the Lease Agreement as prepared and presented. The motion carried by a vote of 5-0. CIP INVOICE Texas Bithulithic Company Contract 3-309 Partial Payment Estimate No.2 Water System Replacement and Street Reconstruction $12,730.35 6 '--- Councilman Riddle moved, seconded by Councilman Cato, that the City Council approve and authorize payment of Estimate No.2, Contract 3-309, Texas Bithulithic Company, in the amount of $12,730.35, as recommended by Knowlton-Ratliff-English- Collins. The motion carried by a vote of 5-0. ORDINANCE NO. 346 PUBLIC HEARING Approving and adopting Estimate of the cost of improvements on Rogan Drive. Mayor Marion 1. Massey declared the City Council meeting to be in Public Hearing on Ordinance No. 346, which is an Ordinance as follows: '- "AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOL~TS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF ROGAN DRIVE FROM BOOTH-CALLOWAY ROAD TO ASHMORE DRIVE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEAR- ING; AND DIRECTING THE CITY SECRETARY TO D~GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE M¡NUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE." Mayor Massey invited those present to speak for the adoption of this ordinance to come forward. None present appeared before the City Council. Mayor Massey invited those present to speak against the adoption of this ordinance to come forward. None present appeared before the City Council. Mayor Massey declared the Public Hearing closed. Counilman Riddle moved, seconded by Council- man Faram, that the City Council approve and adopt Ordinance No. 346 as presented. The motion carried by a vote of 5-0. 7 ORDINANCE NO. 347 PUBLIC HEARING Approving and adopting estimates of cost of improvements on Harwood Road Mayor Marion L. Massey declared the City Council meeting to be in Public Hearing on Ordinance No. 347, which is an ordinance as follows: "AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR I1œROVE1mNTS ON A PORTION OF HARWOOD ROAD FROM DAVIS BOULEVARD (F.M. HWY. 1938 ) TO GRAPEVINE HIGHWAY ( FORMERYLY STATE 121 NOW SPUR 452) AND PORTION OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF THE SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE." Mayor Massey invited those present to speak for the adoption of this ordinance to come forward. None present appeared before the City Council. Mayor Massey invited those present to speak aganist the adop~ion of this ordinance to come forward. None present appeared before the City Council. Mayor Massey declared the Public Hearing closed. Councilman Polster moved, seconded by Councilman Faram, that the City Council approve and adopt Ordinance No. 347 as presented. Councilman Riddle moved, seconded by Councilman Faram, that the City Council 8 table this item. The motion carried by a vote of 4-1. Councilman Polster voting no. EXPLORER PIPELINE CO. This application was presented to the City Council by Mr. Art Kelhofer and Mr. Jarrett, representatives of the Explorer Pipeline Company, being an application for permission and authority to locate, construct, operate, maintain and fi~ally remove petroleum products pipelines under and across roads and highways in the City of North Richland Hills, the County of Tarrant and the State of Texas. A COpy OF THE REVISED CONTRACT AS APPROVED BY THE CITY COUNCIL IS ATTACHED TO THESE ORIGINAL MINUTES FOR PERMANENT RECORD. Councilman Faram moved, seconded by Council- man POlster, that the City Council approve the agreement with Explorer Pipeline Company as amended to meet City requirements. The motion carried by a vote of 5-0. BOUNDARY BETWEEN HURST-NRH City Manager, Jack D. Russell, presented this item to the City Council for consider- ation and approval. The map attached to these original minutes shows location of proposed City limit lines after the change. This would assign all of the problems created by the development of Northeast Mall to the City of Hurst, and they are now deriving all tax benefits from the Mall. The signalization, maintenance, reconstruction and traffic problems associated with eleven intersections and nine loop interchanges now in North Richland Hills woulJ be assigned to Hurst. In return North Richland Hills would relinquish claim to approximately eight acres of land southwest of the Mall. Councilman Newman moved, seconded by Councilman Polster, that the City Manager be instructed to proceed with this boundary change as outlined above, to work out all related details with the City of Hurst and return to the City Council with ordinance for final approval. The motion carried by a vote of 5-0. CITIZEN PRESENTATION Mr. Jim Childress 6732 Corona Drive 281-6732 9 Mr. Childress appeared before the City Council to inform them of the excess speeding of motor vehicles on Corona Drive between Rufe Snow Drive and Redondo. Mr. Childress asked that this matter be investlgated and residents of this street be given some relief on this matter. The City Council referred this matter to the Chief of Police for a full investigation and report of study and recommendations to the City Council. ADDED ITEM TO AGENDA Councilman Polster asked for permission to add item to the City Council agenda for consideration of the location for the North Richland Hills Library. Councilman Riddle moved, seconded by Councilman Faram, that this item be added to the agenda. The motion carried by a vote of 5-0. The lease agreement presented by the City Manager is basically as follows: Between Richland Plaza Shopping Center, Inc., and the City of North Richland Hills, being the interior of a retail store building having dimensionsoòf approximately 45 feet 7 inches by 118 feet, 6 inches, having a total of approximately 5401, being known as 6311 Richland Plaza Shopping Center, Fort Worth, Tarrant County, Texas, for a term of 12 months, being April 1, 1971, no rental charge for this twelve month period. Special Provisions of the lease are as follows: 1. Landlord may at any time terminate this lease and tenant term hereunder by notifying tenant of the date on which such termination shall be effective, provided that such date shall not be less than sixty days (60) later than the date on which such notice is given. 2. It is further agreed by and between all parties, the lessee shall provide for all alterations, improvements or installation of shelves or trade fixtures including heat and air conditioning to the demised premises under the terms and conditions as outlined under Article 8 at the lesseefs sole cost and expense, and in the event such repairs or remodeling constitutes a contractor, the lessee agrees to furnish 10 to the lessor contractor's waiver of lien for work completed. 3. The lessee further agrees to provide the lessor with a cerificate of liability insurance and plate glass insurance as provided for under Article 15, such insurance to be provided at the sole cost and expense of the lessee." Councilman Riddle moved, seconded by Council- man Faram, that the City Council approve the lease agreement for the North Richland Hills Library as outlined above. The motion carried by a vote of 5-0. ADJOURNMENT There being no other items on the agenda for consideration) Councilman Newman moved, seconded by Councilman Polster, that the City Council meeting be ajourned. The motion carried by a vote of 5-0. /~1¿~~t44:-f~.· . NJAY R (/ , 1?~ 'ebruary 24, 1971 Mr. A. B. Kelhoter Assistant Supervisor EIPIDRIR PIPILDE CXJIPAN!' 633 Blanton Towrs 3300 w. Mock1ncbird Lane DaU.s, Texas 75235 Dear Mr. Kelhotert We are returning origtft8.1 Order to 10u as approved by the Oity Council at the regular meeting Monday nilht, 'ebM1ar7 22, 1m, which bas been properly prooessed by our Oity. Sinoerely, EvaJ.,n R. Huston City Seoretary ERlhdp Enclosure TO THE CITY COUNCIL OF THE CITY I I ss I OF NORTH RICHLAND HILLS, TEXAS '-". OR DE·R "IN'THEMÂTTER !bF THÈ: APPLICATTON OF . , ;,.~ EXPLORER PIPELINE COMPANY, A DELAWARE CORPORATION, FÖRPERMIsStON AND AUTHORITY TO LOCATE, CONSTRUCT, OPERATE, MAINTAIN AND FINALLY REMOVE PETROLEUM PRODUCTS PIPELINES UNDER AND ACROSS ROADS AND HIGH- WAYS nt ~±HE CITY OF NbRTHRICHLAND HILLS, COUNTY OF TARRANT, AND STATE OF TEXAS v ,,', I -';' 22nd day of February , A.D., 1971, carne on to be Nmv on this heard the application of EXPLORER PIPELINE COMPANY, a Delaware Corporation, for '.1._ permission and authority to use, cross and occupy the roads and highways in the'City of NOrth Richland Hills, County of Tarrant, State of Texas, for the purpose of locating, ~'.' --.. ,~, "-,-" constructing, operating, maintaining and finally removing a pipeline system for the transportation of petroleum products, as a part of Applicant' sinters.tate. pipeLine transportation system. -. . ~.. And the City Council having fully considered the same, IT IS ORDERED, ADJUDGED AND DECREED by the City Council that the said EXPLORER PIPELINE Çqm'ANX,.iJ:$_~µccessors and assigns, be and have, and are hereby granted ~he right,permission and authority to locate, 'construct, operate, maitttain and finally remove therefrom a pipeline system for use in the transportation of petroleum products, across, along, on, in, and under the roads and highways, and the streets and alleys of the City of North Richl.:md Hills, , - ,'- '. :,t~;· !.. (, and other public grounds of tqe City of Nqrth Richland Hills, Texas, over which the ,'j", City Council "has control or jurisdiction, together with all suitable and necessary ,t rights of ingress and egress. It is further provided that in pursuance of the permission andau.tho~~ty herein , . granted, the operations of the Applicant on premises under the control or jurisdiction " i of the City CounciL, shall at all times be subject to such reasonable rules and reg- "'.,'\ ulations as may be now or hereafter established by the City Council, and it is further provided that where pipelines shall run along or across said roads, highways, streets ~_... or alleys, they shall be buried at a depth of at least thirty-six (36") inches below ',;: t the bottom surface of borrow ditch or highway,] and Apþ·lic.antshall rèst'6re· said .'rÒ'ads, 4 ,Ii' ""'A". '1" i,"··· >.;' .-', ~':~~~;~-"-~>'" ':~' "::. :!:'':';:;;::~~;:; ':',;.':;;:?\' ' "--. -~"->'l 1 i . J~O ..THE C LT,}. CWJE1Glt Oh lHHDt.l.J, ..~' ".' ,~ f( ~,. '" " , ~,I" -' : "," . J, j illl!ll'rl "It!rr''''L t .11~Uj. ~~.'U~ J" A'. L' ·~T¡( J' I. i I. ..~ . , any future roads that may be .constructê'q ~croßs the pipelines. I~. ; ~ I It is furtheJ:' providèd that the EXPLORER PIPELINE COMPANY harmless the CitY-of. NorthRichla.~d ItiÚs ~ fdt any injÙries Qr person, persons, or propertyresilltingfrom;.the existence or op~rátioIj qt, säfd .,.Ji pipeline. The rights hE;!rè1n grë:¡;nt,ed shall continue to be in force a pipeline be maint~iÍned by ~ and Shall :inure' to the ,benefit of EXPLORER PìPEtINE COMPNAY, its successors arid assigns.. . 'l'he Clerk of. the Board is directed to' record this Order on the Minutes of the Board.,. - .' THE STATE OF TEXAS r X ss r ~ COUNTY OF TARRANT I, ,"" . '. ,>. City Secretary of the City of· North Richland Hills, Texas, do heJ,;'eby certify that; the above· and .foregøihgisa ,true and correct copy of the Franchise grante4 EXPLORER PIPELINE COMPANY under ~. Resolu- tion of the City Council of .North Rièhland Hills, Tar:tantCounty. Texàs>,.o~ t;hè 22nd day of FebruaI7 , 1971,' as appears of record - 'of the Minutes of said City WITNESS MY HAND AND SEAL on this the, ·22nd Feb~ .;,' '; 1971. ;. City' Se'cretary of the.çifY·bf .;..~' North Richland Hílls·~·/:TárrantCount~, TexåS . . ;.:-¡,':':<.; , TO THE CITY COUNCIL OF THE x X SS X CITY OF NORTH RICHLAND HILLS, TEXAS A P P L I CAT ION OF EXPLORER PIPELINE COMPANY, A DELAWARE CORPORATION, FOR PERMISSION AND AUTHORITY TO LOCATE, CONSTRUCT, OPERATE, MAINTAIN AND FINALLY REMOVE PETROLEUM PRODUCTS PIPELINES UNDER AND ACROSS ROADS AND HIGH- WAYS IN THE CITY OF NORTH RICHLAND HILLS, THE COUNTY OF TARRANT AND THE STATE OF TEXAS EXPLORER PIPELINE COMPANY, a Delaware Corporation, the Applicant herein, respectfully makes application to your honorable body to grant unto it the right, permission and authority to use, cross and occupy the roads and highways in the City of North Richland Hills, County of Tarrant, State of Texas, for the purpose of locating and constructing under and across the designated roads and highways in said City, and thereafter operating, maintaining, and finally removing therefrom,a common carrier pipeline system for use in the interstate transportation of petroleum products, which said pipeline system will be located, constructed, operated, and maintained in said City of North Richland Hills, Tarrant County, Texas, as an integral part of Applicant's said interstate pipeline transportation system. Applicant represents to your honorable body that said pipeline system is being constructed, operated and maintained in accordance with all regulations as prescribed by the Department of Transportation. Applicant further represents that it is qualified to do business in the State of Texas and with the Railroad Commission of Texas. Applicant further represents unto your honorable body that it will at all times comply with the rules and regulations of the City Council with respect to the construction of said pipeline system under and across said designated roads and highways in said City; that if requested so to do_ ir ~;ll ~~1TQ ~~~ Applicant further represents that it will so construct the said pipeline system that the construction of the same will interfere as little as possible with public travel on said roads and highways, and that it will be responsible for all damages arising from the locating, constructing, using, operating, maintaining, and finally removing said pipeline system. WHEREFORE, Applicant prays your honorable body to make and pass an order herein, authorizing and permitting this said Applicant to locate, construct, use, operate, maintain and finally remove a petroleum products pipeline system under and across the roads and highways in the City of North Richland Hills, Tarrant County, State of Texas. RESPECTFULLY SUBMITTED this 5th day of February, 1971. EXPLORER PIPELINE COMPANY A. B. Kelhofer Assistant Supervisor