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Home My WebLink AboutCC 1982-01-25 Agendas City of 3orth Richland Hills, Texas January 23, 1982 PUBLIC NOTICE The City Council of the City of North Richland Hills, Texas, will have a SPECIAL Council meeting, Tuesday, January 26, 1982, in the City Hall, 7301 Northeast Loop 820. ITEMS FOR CONSIDERATION: PRE COUNCIL 6:00 P.M. 1. Personnel Action (CLOSED) COUNCIL 7:30 P.M. 1. Consideration of appointment of City Manager Dic Foram, Mayor POSTED AT CITY HALL, JANUARY 23, 1982, 2:50 P.M. (817) 2810041 / 7301 N E LOOP 820 / P. 0. BOX 13305 / NORTH RICHLAND HILLS, TEXAS 76118 5 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JANUARY 26, 1982 7:30 P.M. ~----p----~...----..------ 1. Mayor Faram called the special meeting to order January 26, 1982, at 7:30 P.M. C1ì.LL TO ORDER 2. Present: Dick Faram Jim Kenna J.C. Hubbard Jim Ramsey Wiley Thomas Sharyl Groves Mayor ROLL CALL Councilmen Councilwoman STAFF: Dennis Horvath Jeanette Moore Acting City Manager City Secretary ABSENT: Dave Freeman Councilman 3. Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Resolution No. 82-7, appointment of Mr. Rodger N _,Line as City Manager. Motion carried 5-0. CONSIDERA'I'ION OF APPOIN'I'l'vjENT OF CI'l'Y MANAGEH RESOLurl'ION NO. rf2 - 7 APPROVED 4. Mayor Faram adjourned the special meeting of January 26, 1982. ADJOURNMENT Dick Faram, Mayor ATTEST: Jeanette Moore, CitYSec~tãry City of 3orth Richland Hills, Texas January 23, 1982 PUBLIC NOTICE The City Council of the City of North Richland Hills, Texas, will have a SPECIAL Council meeting, Tuesday, January 26, 1982, in the City Hall, 7301 Northeast Loop 820. ITEMS FOR CONSIDERATION: PRE COUNCIL 6:00 P.M. 1. Personnel Action (CLOSED) COUNCIL 7:30 P.M. 1. Consideration of appointment of City Manager Dic Foram, Mayor POSTED AT CITY HALL, JANUARY 23, 1982, 2:50 P.M. (817) 2810041 / 7301 N E LOOP 820 / P. 0. BOX 13305 / NORTH RICHLAND HILLS, TEXAS 76118 5 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JANUARY 26, 1982 7:30 P.M. ~----p----~...----..------ 1. Mayor Faram called the special meeting to order January 26, 1982, at 7:30 P.M. C1ì.LL TO ORDER 2. Present: Dick Faram Jim Kenna J.C. Hubbard Jim Ramsey Wiley Thomas Sharyl Groves Mayor ROLL CALL Councilmen Councilwoman STAFF: Dennis Horvath Jeanette Moore Acting City Manager City Secretary ABSENT: Dave Freeman Councilman 3. Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Resolution No. 82-7, appointment of Mr. Rodger N _,Line as City Manager. Motion carried 5-0. CONSIDERA'I'ION OF APPOIN'I'l'vjENT OF CI'l'Y MANAGEH RESOLurl'ION NO. rf2 - 7 APPROVED 4. Mayor Faram adjourned the special meeting of January 26, 1982. ADJOURNMENT Dick Faram, Mayor ATTEST: Jeanette Moore, CitYSec~tãry CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA the Meeting January 25, 1982 , at 7:30 p.m. , in the City Hall , 7301 N.E. Loop 820. NUMBER ITEM ACTION TAKEN PRE COUNCIL 6:00 P.M. 1. Presentation by Police Department Captain Mike Chenault & Officer Tim Samsill concerning K-9 Unit Proposal 2. Discussion on Drainage Problems/Solutions Cecil Forester - Dennis Horvath 3. Discussion on Refuse Franchise 4 Litigation (CLOSED) City Attorney Rex McEntire COUNCIL 7:30 P.M. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes of the Regular meeting January 11. 1982 5. Presentation by Snow Heights Homeowners Association fi Consideration of Request of J. C. Marston for Variance to the Brick Ordinance PAGE 2 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA for the Meeting January 25, 1982 , at 7:30 p.m. , in the City Hall , 7301 N.E. Loop 820. NUMBER ITEM ACTION TAKEN 7. Consideration of Resolution Authorizing Acting City Manager to sign Purchase _ Voucher in the Amount of $3,850.00 for Traffic Engineering Plan R Consideration of Resolution Calling A Regular Municipal Election for April 3, 1982 . 9. Consideration of Ordinance Granting a Franchise for Refuse Collection in the City of North Richland Hills 10 consideration of Councilman Jim Wood's ResiPnation 11 Citizen Presentation 12 Adjnnrnmcnt POST COUNCIL Continuation of Pre Council Item #4 (CLOSED) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 11 , 1982 - 7:30 P.M. 1 . Mayor Faram called the meeting to order January 11 , 1982, at CALL TO ORDER 7:30 P.M. 2. Present: Dick Faram Mayor ROLL CALL J. C. Hubbard Wiley Thomas Jim Ramsey Councilmen Dave Freeman Sharyl Groves Councilwoman Staff: Dennis Horvath Acting City Manager Jeanette Moore City Secretary Richard Albin City Engineer Cecil Forester Director Public Works/Utility Margie Nash Planning & Zoning Member ABSENT: Jim Kenna Councilman Jim Wood Councilman Rex McEntire City Attorney 3. Councilwoman Groves introduced Master Mathew Porter who gave the INVOCATION invocation. 4. Councilman Thomas moved, seconded by Councilwoman Groves, to APPROVAL OF MINUTES approve the minutes of the regular meeting December 14, 1981 . OF THE REGULAR MEETING Motion carried 5-0. DECEMBER 14, 1981 APPROVED 5. Councilman Ramsey moved, seconded by Councilman Thomas, APPROVAL OF MINUTES to approve the minutes of the Special meeting January 5, 1982. OF THE SPECIAL MEETI JANUARY 5, 1982 Motion carried 5-0. APPROVED Rex McEntire, City Attorney, is now present. 6. Mayor Faram presented Jeanette Carson with a certificate PRESENTATION OF TEN for ten years of service in the Utility Department. YEAR CERTIFICATE AND SERVICE PIN TO JEANETTE CARSON - UTILITY DEPARTMENT 7. Mayor Faram advised the Council the Planning and Zoning PLANNING & ZONING Commission had recommended approval subject to the City PS 81-62, REQUEST Engineers' comments, FIA Review, Texas Department of Water FOR FINAL PLAT OF Resources review, subject to Director Public Works Letter of WALKERS BRANCH ADDN. December 9th & 16th, 1981 , and sprigging the slopes. APPROVED January 11 , 1982 Page 2 Mayor Faram asked the Staff if all the requirements had been met. Mr. Albin stated it was his belief that all the requirements had been net by the developer that were presented in the Sub-division Ordinance. Mr. Albin stated there were some differences of opinion. Mayor Faram asked Mr. Albin if all of his requirements had been met. Mr. Albin stated yes. There had been some questions brought up concerning how far downstream the developer was required to carry his study. Mr. Albin stated he personally felt the developer had gone far enough downstream to satisfy the requirements of this particular development. Mayor Faram asked if there were any problems in meeting his requirements and the letter from the Public Works Director of December 9th and 16th. Mr. Albin stated there were no problems. Councilwoman Groves moved, seconded by Councilman Thomas, to approve PS 81-62, subject to the requirements mentioned above. Councilwoman Groves asked Mr. Albin if items #9, #16, #17, and #21 in his letter of November 10th had been met. Mr. Albin stated yes. Item #17 was an item that he suggested be cleared through the Fire and Police Departments because of the distance between Emerald Hills Way and the Grapevine Highway was greater than 1000 feet and the Ordinance requires the minimum distance be 1000 feet. Councilwoman Groves asked if the Police and Fire Departments had any comment on this item. Mr. Albin stated he did not think they had any objections. Mr. Albin stated that item #21 concerned fire protection coverage for the entire platted area. Mr. Albin stated this had not been provided, but it was his understanding the developer had provided fire protection for the area where insurable risks or structures were to be built. As additional structures were added additional fire protection would be provided. Councilwoman Groves asked if the developer had written a letter so stating he would provide the protection as needed. Mr. Albin stated the developer had addressed that in his letter of December 9th. January 11 , 1982 Page 3 Mayor Faram asked what assurance the city would have, once the plat was approved, that fire protection would be provided. Mr. Albin stated he assumed that would be taken care of during the building permit review process. Motion to approve carried 4-1 ; Councilmen Hubbard, Ramsey, Freeman and Thomas voting for; Councilwoman Groves voting against. 8. Mayor Faram opened the public hearing and called for PLANNING & ZONING - anyone present wishing to speak in favor of this PUBLIC HEARING, request to please come forward. PZ 81-40, REQUEST OF GULF OIL CORPORATIOF Steven Ginsburg, Attorney, representing Gulf Oil , TO REZONE BLOCK 4, appeared before the Council . SNOW HEIGHTS NORTH ADDITION FROM LOCAL Mr. Ginsburg stated Gulf had built the station to RETAIL TO LOCAL sell gas and related products. Mr. Ginsburg stated RETAIL SPECIFIC USE- Gulf also had the public convenience in mind and tried SALE OF BEER FOR OFF to meet the demand for nonpetroleum products. PREMISE CONSUMPTION Mr. Ginsburg stated that at many self service stations in the metroplex a number of grocery related products were sold through Gulf outlets including such products as bread, milk, cigarettes and other sundries. Mr. Ginsburg stated another product that was marketed at locations where it was legal to do so was beer for off-premise consumption. Mr. Ginsburg stated that it was hoped that this location would be approved for a Specific Use permit. Mr. Ginsburg stated that as he understood the zoning map there were several other locations up and down Rufe Snow that had Specific Use permits including some that were relatively close to their site. Mr. Ginsburg stated he respectfully requested the Council to approve this request on the following grounds: help use the land to its fullest extent; convenience of the public; for greater revenues for the store and taxing authorities; and to help the site remain competitive. Councilman Hubbard asked Mr. Ginsburg if he had anyone complain to him about the service at this location. Mr. Ginsburg stated he would have to ask Mr. Gene Hill , Manager for Gulf. Councilman Hubbard stated that on Sunday afternoon he was in the station and asked the lady if the air pressure was down for some reason and she informed him quickly that there were two stations across the street if I did not like her service. Mr. Hill stated that lady no longer was with the company. January 11 , 1982 Page 4 Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 9. Councilman Freeman moved, seconded by Councilman Thomas, CONSIDERATION OF to deny PZ 81-40, ORDINANCE FOR PZ 81-40 Councilman Ramsey asked Councilman Freeman his reason DENIED for denial . Councilman Freeman stated one reason was the closeness of the school . Motion to deny carried 3-2; Councilmen Freeman and Thomas and Councilwoman Groves voting for; Councilmen Ramsey and Hubbard voting against. 10. Mayor Faram stated Councilman Freeman had been appointed CONSIDERATION OF to work with the Staff on the insurance and asked him AWARDING BID FOR for a report. PROPERTY INSURANCE APPROVED Councilman Freeman stated that on January 5th bids were taken for the property insurance and two bids were received. Councilman Freeman stated Alexander and Alexander Insurance Company were the low bidders, therefore, he recommended the bid of Alexander and Alexander. Councilman Freeman moved, seconded by Councilman Ramsey, to approve the bid of Alexander and Alexander for the city's property insurance. Motion carried 5-0. Councilman Ramsey stated he would like to show his gratitude to Councilman Freeman for his effort put forth on this project. 11 . Mayor Faram advised the Council the Staff had recommended CONSIDERATION OF the bid of R. E. Dow and Sons in the amount of $61 ,933.00. BIDS FOR CONN STREE1 GROUND STORAGE TANK Councilman Freeman moved, seconded by Councilwoman Groves, REPAIR AND PAINTING to approve the bid of R. E. Dow and Sons in the amount of APPROVED $61 ,933.00 Motion carried 5-0. 12. Mayor Faram stated the Staff had recommended the bid of CONSIDERATION OF Merkle Construction Company in the amount of $7,946.00. BID FOR VALVE AND PIPE WORK AT CONN Councilman Freeman moved, seconded by Councilwoman Groves, STREET BOOSTER to approve the bid of Merkle Construction Company in the STATION amount of $7,946.00, work to be completed in 45 days. APPROVED Motion carried 5-0. January 11 , 1982 Page 5 13. Councilman Freeman moved, seconded by Councilman Ramsey, CONSIDERATION OF to approve partial payment, estimate #1 , in the amount PARTIAL PAYMENT of $104,868.98, to Austin Road Company for Rufe Snow ESTIMATE #1 , RUFE Drive. SNOW DRIVE, TO AUSTIN ROAD COMPANY Motion carried 5-0. IN THE AMOUNT OF $104,868.98 APPROVED 14. Councilman Thomas moved, seconded by Councilwoman Groves, CONSIDERATION OF to approve partial payment, estimate #2, Rufe Snow Drive, PARTIAL PAYMENT to Austin Road Company in the amount of $72,108.32. ESTIMATE #2, RUFE SNOW DRIVE, TO Motion carried 5-0. AUSTIN ROAD COMPANY IN THE AMOUNT OF $72,108.32. APPROVED 15. Councilman Freeman moved, seconded by Councilman Ramsey, CONSIDERATION OF to approve partial payment, estimate #6, Booth Calloway PARTIAL PAYMENT Road, to Austin Road Company in the amount of $38,979.49. ESTIMATE #6, BOOTH CALLOWAY ROAD TO Motion carried 5-0. AUSTIN ROAD COMPANY IN THE AMOUNT OF Mayor Faram asked Mr. Albin when the project would be $38,979.49 complete. APPROVED Mr. Albin stated approximately February 21 , 1982. 16. Councilman Freeman moved, seconded by Councilman Ramsey, CONSIDERATION OF to approve partial payment, estimate #7, to Austin Road PARTIAL PAYMENT Company in the amount of $123,127.35. ESTIMATE #7, BOOTH CALLOWAY ROAD, TO Motion carried 5-0. AUSTIN ROAD COMPANY IN THE AMOUNT OF $123,127.35 APPROVED 17. Mayor Faram stated he had conversations with the CONSIDERATION OF presidents of two local banks and they indicated that RESOLUTION ESCROWINC all of the banks in Tarrant County were joined together TAXES FROM LOCAL as plaintiffs against the taxing entities within the BANKS UNTIL County. Mayor Faram stated that at the time of discussion, LITIGATION IS the lawsuit in Dallas had not been resolved, but they RESOLVED thought there would be no real bearing either way on RESOLUTION NO. 82-3 this lawsuit in Tarrant County. Mayor Faram stated APPROVED that in the discussion the banks agreed they would go ahead and pay the taxes and let the entities keep all of the interest that was accrued over that period of time until final settlement is made after the lawsuit. Mayor Faram stated he was suggesting that the Council agree that the money be placed in some sort of committed area so it did not get absorbed in the budget. Mayor Faram stated he would prefer to put the money in a separate holding account. January 11 , 1982 Page 6 Councilman Ramsey moved, seconded by Councilwoman Groves, to approve Resolution No. 82-3. Councilman Freeman asked if this money was already appropriated in this budget for the 1982 tax year. City Attorney McEntire stated he did not believe the tax on bank shares was included in the projected revenues. After further discussion, Mayor Faram stated that he suggested this information be researched to find out whether or not it was built into the budget for this year and to assign the staff the responsibility of protecting that amount of money. Mayor Faram stated that if it was not budgeted, ear mark it and have it for an investment earning. Motion carried 4-1 ; Councilmen Freeman, Hubbard, Ramsey and Thomas voting for; Councilwoman Groves voting against. 18. Councilman Ramsey moved, seconded by Councilwoman Groves, CONSIDERATION OF to approve Resolution No. 82-4. RESOLUTION AUTHORIZII CERTAIN PERSONS TO Councilman Freeman asked if the persons named in the SIGN CHECKS resolution would be physically signing the check. RESOLUTION NO. 82-4 APPROVED Mayor Faram stated the passage of this resolution would only remove the former City Manager as an authorized signature. Motion carried 5-0. 19. Councilman Freeman moved, seconded by Councilman Ramsey, CONSIDERATION OF for ratification of Resolution No. 82-2. RATIFICATION OF RESOLUTION NO. 82-2 Motion carried 5-0. APPROVED 20. Councilman Thomas moved, seconded by Councilman Freeman, CONSIDERATION OF to approve partial payment, estimate #1 , Rufe Snow PARTIAL PAYMENT Storm Drain Construction in the amount of $200,103.63. ESTIMATE #1 , RUFE SNOW-HOLIDAY WEST Motion carried 5-0. STORM DRAIN CONSTRUCTION IN THE AMOUNT OF $200,103.6 APPROVED 21 . None. CITIZEN PRESENTATION January 11 , 1982 Page 7 Mayor Faram stated he felt obligated to inform the Council ANNOUNCMENT of some information that was given to him just prior to the meeting. Mayor Faram stated it was with regret that he had to read the following letter addressed to the Mayor and Council . "Unfortunately, I must inform you that I will have to resign effective midnight, January 25, 1982. It is my utmost wish to continue to support you during this trying period, but unfortunately, the pressures of my new position are such that they warrant I must make this move now." Councilman Jim Wood Place Three Mayor Faram stated he knew there was no action to be taken on this tonight and had not had an opportunity to contact Councilman Wood but felt obligated to read the letter. 22. Mayor Faram adjourned the meeting of January 11 , 1982. ADJOURNMENT iii Di Faram, Mayor ATTEST: 0 �t d/ ! nette Moore, City Secretary RESOLUTION NUMBER $2_5 Be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. Dennis Horvath, Acting City Manager, be and is hereby authorized to commit City funds by executing State of Texas Purchase Voucher in the amount of $3,850.00 in connection with Project (81)02-03-0-3-AT, Traffic Engineering Plan. 2. The said Acting City Manager is hereby authorized to send a copy of the Resolution to the State Department of Highways and Public Transporta- tion (State of Texas) as proof of authority to commit funds. PASSED AND APPROVED this 25th day of Januarty , 1982. APPROVED: /( c-b T u1i,) V Dick Faram - Mayor ATTEST: anette Moore Ci Secretary APPROVED AS7 TO F0RM AND L RLZT4- Rex Entire - City Attorney RESOLUTION NUMBER 82-6 ELECTION ORDER A RESOLUTION AND ELECTION ORDER BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CALLING AN ELECTION TO BE HELD IN SAID CITY ON THE 3RD DAY OF APRIL, 1982, A.D. , FOR THE ELECTION OF SEVEN (7) CITY COUNCILMEN AND THE MAYOR OF NORTH RICHLAND HILLS, SETTING THE TIME, PLACE AND DATE OF SAID ELECTION, ESTABLISHING A DEADLINE FOR CANDIDATES TO FILE, APPOINTING ELECTION JUDGES AND ALTERNATES, PROVIDING THE TIME AND MANNER FOR VOTING ABSENTEE, BOTH IN PERSON AND BY MAIL, DESIGNATING WHO SHALL BE ENTITLED TO VOTE AT SUCH ELECTION, AND ADOPTING VOTING MACHINES AS THE METHOD OF VOTING AT SAID ELECTION, AND OTHER PROVISIONS OTHERWISE INCIDENT TO SUCH RESOLUTION. WHEREAS, the City Charter of the City of North Richland Hills in Article V, "City Council," Section 3, "Date of Election," provides that the regular municipal election of the City of North Richland Hills shall be held on the first Saturday of April of each calendar year, and the same shall be conducted and the results canvassed and announced by the election authorities prescribed by the general election laws of the State of Texas, and said general laws shall control in all Municipal elections except as otherwise herein provided; and WHEREAS, the City Charter of the City of North Richland Hills in Article V, "City Council," Section 4, "Hours of Election," provides that the polls shall open at each election from seven o'clock a.m. until seven o'clock p.m.; and WHEREAS, the City Council of the City of North Richland Hills, Texas, has, on its own motion, to call said election and fix the date thereof and other provisions necessary in calling said election in accor- dance with said Charter and the laws of the State of Texas, providing for and governing such election. NOW, THEREFORE, HE IT RESOLVED AND ORDERED, by the City Council of North Richland Hills, County of Tarrant, State of Texas, that said City election be called as aforesaid for the election of seven (7) Council- men and a Mayor for said City as provided by said Charter and as prescribed by the laws of the State of Texas; Section 1. That said election be held on the 3rd day of April, 1982, A.D. , as provided by the City Charter of said City, between the hours of seven o'clock a.m. and seven o'clock p.m. Section 2. Qualified persons may file as candidates by filing with the Mayor, in the office of the City Secretary, between the hours of eight a.m. and five p.m. , on or before March 3, 1982. Section 3. That said election will be held at the following place for the twelve (12) precincts in said City as recognized on January 1, 1982: Precincts 159, 72, 49, 238, 214, 215, 196, 191, 209, 140, 41 and 63 - City Hall. Section 4. That the following named persons shall serve as Judges and Alternate Judges at the respective voting places: City Hall - Mt4. Frted Parthet - Judge Mu. Rotund Staftkey - Atteuw.te Judge If the regularly appointed Presiding Judge is unable to serve at the election, the Alternate Presiding Judge therefore shall serve as Presiding Judge. Such Election Judges shall choose such other election officers as the Judges may deem proper. Section 5. a. Absentee voting by personal appearance shall commence on March 15, 1982 at 8:00 a.m. , and shall continue through March 30, 1982. Such absentee voting shall take place in the Office of the City Secretary in the City Hall, by paper ballot. b. Absentee voting by mail shall commence on March 15, 1982. The marked ballot must be mailed to the City Secretary in an envelope postmarked no later than midnight March 30, 1982, and must be received in the Secretary's Office before 10:00 a.m. on April 3, 1982. Section 6. All qualified voters residing within the corporate limits of the City of North Richland Hills, County of Tarrant, State of Texas, shall be entitled to vote at said election. Section 7. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election on April 3, 1982, and voting machines are hereby adopted as the method of voting at such election. PASSED AND APPROVED by the City Council of the City of North Richland Hills this 25th day of Janutvty , 1982. Dick Foram - Mayor ATTEST: 'j�//��''i^'�`'� anette Moore City Secretary APPROVED A T FORM AND L / '^ALLIIT?: e Rex McE ire - Ci Attorney /l/�/� ORDINANCE NO. 937 AN ORDINANCE GRANTING A FRANCHISE TO SERVICE COMPANY OF AMERICA (SCA), (ESTES SERVICE COMPANY) FOR THE COLLECTION OF GARBAGE, TRASH, DEBRIS AND REFUSE WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SETTING FORTH THE RATES TO BE CHARGED THEREFORE; PROVIDING A FRANCHISE FOR A PERIOD OF FIVE YEARS WITH AN OPTION OF RENEWAL FOR ADDITIONAL PERIODS OF FIVE YEARS EACH: CERTAIN INSURANCE FOR THE PROTECTION OF THE GENERAL PUBLIC AND SAID CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. That a Franchise is hereby granted to SCA (Estes Service Company, hereinafter designated "Company", for the collection of garbage, trash, debris and refuse within the corporate limits of the City of North Richland Hills, Texas, and to the use of the streets, thoroughfares and alleys within the corporate limits of said City, subject to all of the requirements of Ordinance No. 489 known as the Garbage Disposal Ordinance of North Richland Hills. SECTION 2. Said Company shall furnish adequate equipment for the collection and disposal of such garbage, trash, debris and refuse, and shall provide service to any person, persons or corporation within the corporate limits of said City, who requests such service so long as the prescribed charges are paid by such person, persons or corporation when due. All such equipment, wherein such garbage, refuse, trash and debris is contained and hauled, shall be completely enclosed to prevent spillage thereof. SECTION 3. Said Company shall purchase and keep in full force and effect at all times liability insurance to the extent of $500,000.00 for injury to any one person and $500,000.00 for any one accident, and $500,000.00 property damage, and shall save and hold the said City harmless of and from any and all claims, causes of action, suits, demands and damages which are or may be asserted by any person or persons arising hereunder. SECTION 4. Company shall make at least two collections per week in the residential areas. Company shall make collections in the commercial and residential areas and may charge such rates as he deems reasonable for such collections subject to the approval of the City Council. Rates approved will be part of this ordinance and will be attached to same. ORDINANCE NO. 937 Page 2 SECTION 5. Company shall service all complaints concerning the collection of garbage and shall maintain an office and telephone to service such complaints, and shall cause his employees to wear some identification tag that is recognizable by the customers. SECTION 6. The term of the Franchise shall be for a period of five years from the date of the passage and adoption hereof, and is not assignable without the prior approval of the City Council and may be renewed for successive terms of five years each, by mutual agreement of the parties. SECTION 7. Extra charges may be made for the pick up of more than two cans of garbage for any one residence, except the two can limit shall not be enforced unless it is found that commerical type garbage and trash is being placed therein. The Company shall not be required to pick up burning trash or liquid. Upon application of the Company, the City may from time to time make such regulations for the type of garbage and placing of cans as may be reasonable. SECTION 8. The granting of this permit by said City to said Company shall never be construed to be exclusive not to prohibit the granting of any other such permit or permits. SECTION 9. Garbage and/or trash cans shall be placed in a location behind the front building line, front building line being defined as the front or most forward portion of the structure, but said cans must be accessible to the collector. Garbage or trash cans will not be placed within an enclosed garage. Cans may be kept within fenced yards where no condition exists to hinder or hamper the collection. Such condition or hindrance or hamperance includes, but is not limited to, dogs and inoperative gates. The Service Contractor or Company shall determine the existence of these conditions and may at his discretion require the cans be placed outside the fence. SECTION 10. With respect to collections made directly by it, the Company must provide at the end of each fiscal year an accounting of such gross receipts to substantiate the franchise paid to the City. ORDINANCE NO. 937 Page 3 SECTION 11. For the privilege of operating under this permit said Company agrees to pay to the City of North Richland Hills, Texas, an amount equal to 2% of the gross receipts from the collection of garbage, trash, rubbish and refuse within the corporate limits of the City of North Richland Hills, Texas, which amount shall be paid monthly to, or in the case of collection made by the City, retained by, the City Secretary, such payment to be made on or before the 25th of the succeeding month. SECTION 12. The City of North Richland Hills, does hereby reserve an option during this franchise or any renewal to accept the responsibility for billing and collecting garbage bills owed to the Company. If such option is executed and the City of North Richland Hills accepts the responsibility, then at the time of billing, or within fifteen (15) days thereafter, the City of North Richland Hills will remit to the Company its check in the amount of 90% of the collection. The 10% not remitted shall become the property of the City of North Richland Hills, (8% for billing and collection and 2% for franchise charge) . Any billing that the City may do for the garbage service outside the city limits of North Richland Hills, the City will negotiate with the Company to determine the amount to be charged for this service. SECTION 13. In the event of the breach by said Company of any of the terms and conditions herein contained or of the requirements of the "Garbage Ordinance of North Richland Hills", being Ordinance No. 489 of said City, the City of North Richland Hills, Texas, shall notify the Company of such breach, and if not cured within a period of fifteen (15) days from such notice, the City, at its option, may cancel this permit or cause the condition to be corrected, the cost of which shall be born by the Company. SECTION 14. That should any part, portion, section, clause or provision hereof for any reason be held invalid or unconstitutional, such holding shall not in any manner affect or invalidate the remaining parts, portions, sections, clauses and provisions hereof, but the same shall remain in full force and effect. ORDINANCE NO. 937 Page 4 SECTION 15. That this Ordinance shall become effective on the 1st day of February, 1982, following its passage and adoption. PASSED AND ADOPTED on this 25th day of January ,1982. 'rite —Cje Mir/ Disk Faram, Mayor ATTEST: %�jkanette Moore, ity Secretary APPROVED A 0 FORM AND LE ITY: / _ Rex McEn?ire, City Attorney ACCEPTED: Service Company of America (Estes Service Company) BY:C_y�� 464, 0 Charles (Mickey) Floo• General Manager 011 SERVICES SCA SERVICES OF FORT WORTH REVENUE AND COST ANALYSIS CITY OF NORTH RICHLAND HILLS Average Increases Requested Commercial - Front Loader 21 . 5% Commercial - Roll Off Residential ($4. 90 per month) 15 . 3% * Requires verbal discussion of recommended rates . Projected Revenue from City Operations (After Requested Increases) Commercial - Front Loader ($245 ,496 x 1 . 215%) $298, 277 . 64 Commercial - Roll Off 92 , 012. 34 Residential ($417 , 972 x 1 . 153%) 481 , 921. 72 $862 , 211. 70 Projected Operational Results Total Projected Revenue $862, 211. 70 Total Projected Costs (at current costs) (800, 121. 60) Pre-Tax Profit 62, 090. 10 * Percent of Revenue 7 . 2% * Return on Investment 6. 4% * * Please note that these amounts and percentages are based on profits prior to payment of taxes on income. Note: The net billing for residential service is $4. 41 per month . This is the result of the City deducting 10% for billing, collection and franchise fees from the gross rate of $4. 90 per month. N y 0 w 0 H W O 0 0 F 3 CO 0 0 0 0 .-. V) • H W - n Cl,- t. 0.4 N p y V] 0.4 1-4 ri N N U •H OI 0 0 0 0 0 •'H N x W • > i 0 Q n N n N U n co co ON N O W U W U 11 W 0 0 O 0 F3 0 0 0 0 0 y G0 v .-4 Ca 0 d N. 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F, e ON N o Q CC 6 z W CO N CO ON In ✓1 N W W .-a .-1 N F C v a $❑ .n O- z o H� oa, } a o i `'' 63 F W N 0 F z G Q .❑ ry Q 0 Z Hw y 2 2 2 2 w • W U .I O F NN N Q < Q°' O G 0 a Ni N >4 H W a a W 0 In F 2 Q 0 N en v O W>+ >4 >4 N >4 W W Z 44 F F Z Z • Continental Casualty Company CAfmaismaRA TRANSPORTATION INSURANCE CQBART CERTIFICATE OF INSURANCE TlwPa cy Ia1111had beloweyatalky numbs/cm in Orbs on IMal.of CNM1nuMluuan l imam*IS.naEp only w t maw Io InoYGOyvpn for Wnpll.specific umrl of lstibty Ms boon wised and is whet,to all the tams o1 1M Policy(wing rNS.nc.thereto Including Umblan Esau Third Pry Liability INUnnaa proWalon raurnn° the Maintenance of Underlying insurance Or alt Minims This Calf Wats of insurance WOW affirmatively IW negatively emends.Intends of ellen IM cawrpe afforded undMNy policy lantrled edam SCA SERVICES, INC. NAMEANDADONESS OF INSURED SCA Services of Fort Worth, Inc. P.O. Box 7616 Fort Worth, Texas 76111 NAME AND ADORESSOF CERTIFICATE HOLDER City of North Richland Hills DATE OF CERTIFICATE ISSUANCE P.O. Box 18609 North Richland Hills, Texas 76118 L AalOwaeoR e J Type of Insurance Policy No. Exp. Date Limits of Liability Workmen's Compensation NC 005432733 1/1/83 Statutory Employers'Liability IC 005432734 1/1/83 $ 100,000 $500,000 C.S.L. Comprehensive CCP 005312610 1/1/83 BODILY INJURY & General Liability PROPERTY DAMAGE Comprehensive sus 004636943 1/1/83 $500,000 C.S.L. Automobile Liability le 4055333 1/1/83 BODILY INJURY 6 PROPERTY DAMAGE Description and location of operations of the Insured:All operations of the Insured Trash and Refuse Removal and Disposal In theevent of cancellation of this insurance the Company agrees to give ien days written notice to the party at whose request this certificate is issued. G-66168-A