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HomeMy WebLinkAboutCity Council-Agenda Packets-6/3/2003 City of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD JUNE 3, 2003 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of the Northeast Transportation Services Urban Transit District (NETSUTD) program PC- 2. Discussion of June 3, 2003 City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551 , Subchapter D Sec. 551 .071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Pastor Royal Farris, Life Connection Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. READING AND PUBLIC HEARING - Resolution R-03-2159 - Canvassing the Run-Off Election for Mayor, held May 31 , 2003 3. OATH OF OFFICE - MAYOR 4. RECEPTION FOR MAYOR 5. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - Presentation to Donna Arp in appreciation of service as Councilman, Place 2 and Mayor PROCLAMATION - In recognition of the Colleyville Heritage High School Advanced Placement Program, which is ranked in the top one percent in the country - Dr. Kevin Singer, Grapevine- Colleyville Independent School District Superintendent and Dr. Marlin Stanberry, Colleyville Heritage High School Principal PROCLAMATION - In recognition of the Grapevine High School Advanced Placement Program, which is ranked in the top one percent in the country - Dr. Kevin Singer, Grapevine-Colleyville Independent School District Superintendent and Mr. Dana Drew, Grapevine High School Principal CONSENT: 6. READING AND PUBLIC HEARING - Resolution R-03-2160 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 20, 2003 b. Approval of minutes of the City Council Worksession of May 22-23, 2003 c. Approval of the abandonment of a public right-of-way on Tract 1, Nystel Addition, located at 1809 John McCain Road, Case G-03-013 d. Approval of the Bogart Dairy local historical marker application PUBLIC HEARINGS: 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1406 - Approval to amend Section 3A and 3C and Section 4A of the Water and Sewer Policy and Procedure Manual of the City of Colleyville related to the procedure and the fee structure of construction fire hydrant meters 8. READING AND PUBLIC HEARING - Resolution R-03-2161- Approval of a request of Grady Walker for a waiver of water impact fees at 7309 John McCain Road 9. READING AND PUBLIC HEARING - Resolution R-03-2162 - Approval of a donation of a Street Clock for the City Hall and Library from the Colleyville Rotary Club 10. READING AND PUBLIC HEARING - Resolution R-03-2163 - Approval of Design Contract with Halff and Associates for the Cottonbelt Trail, Phase II, in the amount of $46,590 11. READING AND PUBLIC HEARING - Resolution R-03-2164 - Approval of the Local Transportation Project Advance Funding Agreement between TXDOT and the City of Colleyville for the purpose of design and construction of the Cotton belt Trail, Phase II 12. READING AND PUBLIC HEARING - Resolution R-03-2165 - Approval to amend the Professional Services Agreement with Brinkley Sargent Architects, for the Justice Center, in the amount of $10,650.00 13. READING AND PUBLIC HEARING - Resolution R-03-2166 - Approval of City Hall and Library construction Change Order 7 with Ratcliff Constructors, Inc., in the amount of $65,483.00 14. READING AND PUBLIC HEARING - Resolution R-03-2167 - Approval of a bid for the purchase and installation of furniture, fixtures and equipment in the Colleyville City Hall and Library, in the amount of $1,327,654.58 15. READING AND PUBLIC HEARING - Resolution R-03-2168 - Approval of the Advanced Funding Agreement between TXDOT and the City of Colleyville for the design and construction of the Glade Road and Heritage Avenue Roadway Improvements REPORTS: 16. LIBRARY BOARD MINUTES - April 14, 2003 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 3, 2003 - Reading and Public Hearing - Resolution R-03-2169 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, May 30, 2003, aI500pm.~.r~(Jn.J ~ing,eto~,~ol-j City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.577.7575, and reasonable accommodations will be made to assist you. PRE-COUNCIL cce'" AGENDA BRIEFING i(..x:;\~ MEETING DATE: ITEM # : 06/03/03 PC-l CITY MANAGER [ ! DEPARTMENT HEAD i ! FINANCE REVIEW iN/A Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Discussion of Northeast Transportation Services Urban Transit District (NETSUTD) program Backqround This item provides an opportunity for City Manager Bill Lindley to review the Northeast Services Urban Transit District (NETSUTD) program. Attachments · Staff Memorandum, dated May 27, 2003 · NETS Transit Planning and Funding Strategy prepared for NETSUTD by LKC Consulting Services, Inc. MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Pre City Council - NETS Senior and Disabled Transportation Program May 27, 2003 Since 1991, the eight member cities for NETS have been jointly operating a transportation program through the YMCA for senior citizens and the disabled. These cities, encompassing 147 square miles, have a combined population of 313,317 (2000 Census). Colleyville's population of 19,574 has a senior and disabled population of 2,271. The remaining cities are estimated to have a combined 44,492 senior and disabled populations. The NETS service program funding agreement allows a member City to exempt out of the program by July, of each year. Based on the 2000 census, Colleyville's current allocation is $9,787. A member city's local cost is based on the current population estimate times $.50 per combined city population. Of the total trips, Colleyville accounted for only 2.22% during FY2002. This past year, it was determined that a funding strategy and service plan was needed to evaluate the performance of the current program. The firm of LKC Consulting Services was retained to address these objectives. A copy of the NETS Transit Planning and Funding Strategy report and draft RFP was provided to the City Council on the May 1, 2003. A final copy of the RFP and report was provided to the City Council on May 23, 2003. We anticipate receiving proposals for City Council consideration in August. The consultant designed the proposal format to allow the NETS cities to purchase services in hourly increments, estimated annually. Based on the current level of operational hours, the consultant anticipates current funding will be adequate if the City does not increase annual service hours from our current level. A review of the 2002 ridership shows there were 401 unduplicated riders using the NETS program. Of this, Colleyville accounted for only 0.75%, with just three unduplicated riders over the year. The area cities fund an annual average $156,688 local contribution share for the program. Federal and state funding augments for a total annual program funding up to $517,347. LKC performed a Transit Needs Index to identify the relative need for the NETS services. The highest apparent need for special transportation service is in the southern, more built-out segment of the NETS service area. Generally, Colleyville's portion is low to very low in a threshold analysis. Less than one percent (0.9%) of the trip origins for scheduled trips occurred in Colleyville during the sample period of September 23 to 27, 2002. The highest trip origin was North Richland Hills at 25.7%. The cities of Colleyville and Keller tied for the lowest. Again, during the same test period, Colleyville had less than one percent (0.9%) for trip destinations for scheduled trips. The highest city, with 35.2% of destination trips, was Bedford. While controlling operating adjustments for service hours, we can enhance the program with a new provider. During the focus group meetings, a key issue was increasing productivity and service reliability. It is assumed that with improved productivity we can increase our 1.65 passenger per revenue hour of $46.01 to the state average of 2.3 passengers per revenue hour of $45.00. However to manage potential service demand, NETS will have to establish capacity by restricting trip purposes, rider eligibility, etc. LKC found that NETS has been characterized in recent years by insufficient staffing levels, poor condition of transit vehicles, and the lack of modern automated scheduling software. In addition, contractual vagueness has resulted in a lack of clearly defined performance monitoring guidelines and conflicts between need and capacity when prioritizing trips. A revised service plan and new contract for services is expected to improve the quality of service, increase the number of unduplicated riders, and increase the demand for NETS trips. A request for proposals for a new contract for NETS will be issued next week. Proposals are due in July and a new contract will be considered for approval in August. At the June 3, 2003, pre-City Council worksession, staff will request that the Council provide direction to guide staff in proceeding with the program and any budget adjustments. It is staff's understanding that the other NETS cities plan to continue participation with the program for FY2004. I n the event the City Council desires not to continue participating in this program, membership participation would be at the discretion of the remaining participating cities. NETS Transit Planning and Funding Strategy Prepared for Northeast Transportation Services Urban Transit District Prepared by LKC Consulting Services, Inc. 4200 Montrose Boulevard, Suite 380 Houston, Texas 77006 Telephone: (713) 522-2554 LIC Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Acknowledgments Our sincerest appreciation and thanks to the following people who contributed many hours to provide valuable guidance to the study team, reviewing materials and offering suggestions to make this document reflective of their community needs and aspirations. Chuck Barnett, City Manager City of Bedford Larry Cunningham, City Manager City of North Richland Hills Lyle Dresher, City Manager City of Keller Joe Hennig, City Manager City of Euless Bill Lindley, City Manager City of Colleyville Roger Nelson, City Manager City of Grapevine Richard Torres, City Manager City of Haltom City Allan Weegar, City Manager City of Hurst Paulette Hartman, Assistant to the City Manager City of North Richland Hills Michelle Bloomer, Senior Transportation Planner North Central Texas Council of Governments Jennifer Hibbs, Assistant to the City Manager City of Grapevine Mary Hobson, Public Transportation Coordinator Texas Department of Transportation Phyllis Lee, Assistant to the City Manager City of Keller Brenda Cross, Executive Director Urban Services YMCA Jason Little, Assistant to the City Manager City of Hurst Marcia Minnies, Outreach Representative Office of the Honorable Kay Granger, United States Representative from Texas Lawrence Bryant, Management Intern City of North Richland Hills LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT TRANSIT PLANNING AND FUNDING STRATEGY I. Current Situation Service Area and Demographics..................... ................................. ...1 NETS Service by YMCA... .... ..... ....... ..... .... .... ...... .... ..... . ........... ........6 Performance Trends.................... ........... ............................. .. ....... ...7 A. B. C. D. E. F. II. Funding A. 8. C. D. E. Trip Characteristics.......................................... ............................ ...8 Focus Group Discussions........................... .............................. ...... .12 Findings................................. .............................. ................... ..14 Federal Funding............... ........................ ........................ .......... ..15 State Funding.. ................ . .. . . . . .. . .. ... ................. .................. ] 7 Local Funding............................................. ............................. ....18 Funding History for NETS Service.... .... ............. .... ......... ........ ... ...... ..19 Findings............... ..................... ........................ ........................20 III. Contracting to Provide NETS Service A. Types of Contracts. ........ ....... ........... .. .................. .... .............. .... ....20 B. Federal Funding Opportunities............... ............ ............... .................2] C. Eligible Providers..................... ..................... ........................ .......21 IV. Recommendations A. Service Levels........................ ..................... .................. ........... ...23 B. Capital Needs......................... ........................ ....................... .... ..25 C. Funding Strategy............................... ..................... ......................26 D. Procurement Strategy... ............... .......................... ... ...... ............. ....27 Appendix A - Transportation Service Providers LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT TRANSIT PLANNING AND FUNDING STRATEGY The mission of the Northeast Transportation Services Urban Transit District (NETSUTD) is to operate an on-demand public transportation service for senior citizens and persons with disabilities residing within the corporate limits of the communities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills. NETSUTD is governed by a board of directors, consisting of the city managers of each of the member cities. The urban transit district provides curb-to-curb, demand-response transit services for qualified residents of the eight-city service area. The YMCA of Metropolitan Fort Worth (YMCA) has operated this service, known as Northeast Transportation Service (NETS), since 1991. Northeast Tarrant County is a fast growing area, both in terms of general population and the need for the specialized transportation service provided by NETS. However, since 1996-97, NETS ridership has declined each year and operating cost per rider has been steadily on the rise. In 2002 the NETSUTD board of directors decided to develop a service plan and funding strategy for NETS. The board also decided to redefine the requirements for the contract for services and solicit proposals for a new contract term. Accordingly, the board of directors ofNETSUTD asked LKC Consulting Services, Inc. (LKC) to review the current situation and develop a service plan, funding strategy, and procurement guidelines to select a service provider for specialized transportation services in Northeast Tarrant County. CURRENT SITUATION The purpose of this section is to profile the NETS service area and the transit services provided by the YMCA. Performance trends are documented for each year from 1996-97 through 2001- 02. A sample of NETS transit trips in September 2002 provides additional insight about the users and their trip purposes. Comments from users and representatives of the target market groups are based on focus group interviews in January 2003. The section concludes with a summary of findings based on the review of the current situation. Service Area and Demographics Characteristics of the service area and the population demographics help to understand the target markets served by NETS and the need for transit services. Exhibit 1 shows the NETS service area. 1 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 1 NETS Service Area o , Miles 2 Cl) uc NETS Analysis Service Area Source: LKC Consulting Services, Inc. The eight NETS member cities encompass a service area of 137 square miles, with a population of 313,317 people, according to the 2000 Census. Exhibit 2 shows a comparison of the population of each member city, as well as the senior and disabled segment of this population. 2 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 2 2000 Population for Cities in the NETSUTD 60,000 55.635 50,000 40,000 30,000 20,000 10,000 -- o Bedford Co II eyvill e Euless Grapevine Haltom City Hurst Keller North Richland Hills I Ell Population . Senior and Disabled I l...________________m ..____________..J Source: US Census 2000 As senior citizens and residents with a disability are the target markets for NETS services, their presence indicates a potential demand for the specialized transportation service. The NETSUTD board of directors is especially concerned about providing transportation for seniors and persons with a disability who may lack financial resources. As seen in Exhibit 3, the growth rate among senior citizens has outpaced the total growth rate in six of the eight cities in the NETS service area. A trend for disabled population growth could not be established, because the 2000 census used a different set of criteria to define this category than was used in 1990. However, the percentage of disabled persons in a given population is generally expected to remain relatively constant under normal conditions. 3 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 3 Change in Population 1990 to 2000 for Cities in the NETSUTD Jurisdiction Bedford 43,762 47,072 7.6% 2,040 4,106 101.3% 93.7% Colle ille 12,724 19,574 53.8% 559 1,100 96.8% 42.9% Euless 38,149 46,088 20.8% 1,524 2,679 75.8% 55.0% Gra evine 29,202 42,131 44.3% 1,303 2,009 54.2% 9.9% Haltom Cit 32,856 39,229 19.4% 3,949 4,057 2.7% -16.7% Hurst 33,574 36,303 8.1% 3,002 4,509 50.2% 42.1% Keller 13,683 27,345 99.8% 691 1,189 72.1% -27.8% North Richland Hills 45,895 55,635 21.2% 3,140 4,922 56.8% 35.5% Total NETS Area 249,845 313,377 25.4% 16,208 24,571 51.6% 26.2% Fort Worth 447,619 534,694 19.5% 50,225 51 .462 2.5% -17.0% Remainder Tarrant 472,639 598,148 26.6% 30,991 44,552 43.8% 17.2% Tarrant Count 1,170,103 1.446,219 23.6% 97.424 120,585 23.8% 0.2% Source: US Census 1990 and 2000 LKC performed a Transit Needs Index (TNI) analysis to identify the relative need for NETS services. The analysis was conducted at the census block group level, using three variables: percent of population that is over the age of 65, percent of population reporting a disability, and percent of households with annual incomes less than $15,000 a year. Each block group was ranked against all other block groups in Tarrant County based on the weighted strengths of the three variables. Exhibit 4 shows the results of the TNI analysis. The highest apparent need for special transportation service is in the southern, more built-out segment of the NETS service area. As the rest of Northeast Tarrant County matures, the need for such service is expected to grow. 4 LKC Consulting Services, Inc. >< Q) "C c: - "C Q) Q) z .... .- en c: co '- .... ~ o en Q) ~ <1l ro "0 o o o N (Jl :::l (Jl C Q) t) en ::> c o "0 Q) (Jl ro ..0 ti c III Q) () .~ Q) en OJ c ::;:::; "'5 (Jl c o t) t) ::.:: ...J iri ~ :::l o en '" " X .i:: (];I ~~~ Q) -a as ~3 ~ I z.Q5~~ij)-6,~ G;~.9.a:I~ []~ IIm[J~1 Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 NETS Service by YMCA Since 1991, the cities in the NETS service area have contracted with the YMCA to provide transit service. By highlighting the strengths provided by the YMCA and understanding concerns about the NETS services, we can develop ideas of how to improve transit in the future. The YMCA is the largest not-for-profit community service organization in America, working to meet the health and social service needs of 17.9 million men, women and children in 10,000 communities in the United States. Because all communities have different needs, all YMCAs are different in the services they provide. The Urban Service branch of the YMCA of Metropolitan Fort Worth offers two basic transportation services to qualified individuals. Senior Transportation Services (STS) picks seniors up from around Metropolitan Fort Worth and takes them to several senior centers. Northeast Transportation Services offers paratransit services to any resident of a participating Northeast Tarrant County city, 55 years of age or older, disabled, or otherwise transportation disadvantaged. NETS provides door-to-door demand response paratransit services with wheelchair accessible minibuses and commercial licensed drivers transporting clients to and from medical and dialysis appointments, senior centers, social services, work, school, recreation, shopping and errands throughout Northeast Tarrant County. Operating hours are 6:30 a.m. to 6:30p.m., Monday through Friday. Requests must be made two working days prior to trip. Due to limited van availability, no guarantees can be made that a trip can be scheduled. Destination trip types are prioritized by medical, socialization, employment, necessary shopping, education, and other trips, and are scheduled by NETS staffto maximize daily capacity. Scheduling is done using the Paratransit Scheduling Package (PSP). This software package is primarily a database for addresses and requires manual scheduling of trips. PSP lacks many of the features of modem scheduling software that can help determine trip eligibility, best route, minimum travel time, and minimum travel distance. Such features can greatly improve system performance, efficiency and customer service. In addition, such software can be of great use in flagging late vehicles, schedule adjustment in response to cancellations or other changes, and even tracking customer complaints. Modem scheduling software would give NETS the ability to measure and report various performance indicators with greater ease. NETS currently lacks well-defined performance standards and benchmarks to measure quality of service. The YMCA currently has ten vehicles designated for NETS service. Nine of these vehicles are eight years old or older, with mileages in excess of 150,000 miles. The recommended life span for transit vehicles of this type is four to five years, and 100,000 to 150,000 miles. Three of the NETS vehicles are currently scheduled for salvage, while one new vehicle is being purchased. The YMCA uses vendors to provide necessary vehicle maintenance and repair. Regular maintenance by YMCA includes pre-trip inspections by drivers and monthly oil changes. 6 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 According to the executive director of YMCA Urban Services of Metropolitan Fort Worth, there are quarterly and semiannual preventive maintenance inspections of all NETS vehicles by skilled mechanics. The YMCA Urban services staff administers both the NETS and STS programs. The budgeted staff includes one executive director, one business manager, one scheduler supervisor, one driver supervisor, two dispatchers, and 16 drivers. Most employees are cross-trained to perform duties beyond their job categories when needed. Drivers collect fare payments on board the vehicles. The cost for each one-way trip is $1.50 and $3.00 for each round trip per passenger. A discount book of ten tickets is available for $14.00. In addition to fare revenue, which covered about 3.3 percent of total NETS expenses in fiscal year 2002, NETSUTD receives funding from various Federal, State, and local sources for capital and operating expenses. Among the issues experienced by NETS over recent years is a persistent cash flow problem. There has been a growing gap between the cash flow needed for operations and the cash flow available from funding sources. The executive director of YMCA Urban Services has been responsible for both submitting a budget to the YMCA and seeking out funding sources to reimburse the agency's transportation expenses. In most transit operations, these two functions are performed by separate entities, with the service operator submitting a budget, and the oversight body seeking out sources of funding. NETS' greatest strength is its dedicated staff who, despite difficult circumstances, have shown a steadfast commitment to providing vital transportation services to special needs residents of Northeast Tarrant County. NETS staff has been described as very helpful and compassionate by riders who are often on a first name basis with drivers and dispatchers. NETS staff has also proven to be extremely versatile, filling in at different positions in the organization as needed. Despite the staff s dedication, staffing levels are a concern, as are the conditions of the vehicles that have exceeded their recommended life spans. Other concerns include outdated and inadequate scheduling software, and a lack of clear performance standards or benchmarks to measure quality of service or service effectiveness. Performance Trends The concerns of the NETSUTD board of directors can be illustrated by analyzing the trends in levels of NETS services and the trends in measures of performance. While both the general and target market populations have grown in the NETS service area over the last decade, NETS ridership has been heading in the opposite direction. As seen in Exhibit 5, the number of NETS customers (unduplicated riders) served by the YMCA is on the decline, as is the total number of trips provided by the YMCA each year*. In fact, the total number of trips provided is declining at a faster rate than the number of individual, qualified customers, which would indicate that remaining customers are taking fewer trips. Due to the loss of capacity created by operating fewer vehicles, the number of miles operated has declined. Consequently, unit costs to provide NETS service (cost per trip, cost per rider, cost per mile) have been on the rise. * Over 6,000 Haltom Senior Center group trips were included in NETS through 1997-98 7 LKC Consulting Services. Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 5 NETS Service Provided 488 482 401 22,327 19,808 13,919 46 41 35 154,895 190,399 136,314 6.9 9.6 9.8 $579,927 $560,414 $489,393 4.3% $25.97 $28.29 $35.16 134.4% $1 ,188 $1,163 $1,220 75.0% $3.74 $2.94 $3.59 Source. YMCA Urban Services Trip Characteristics YMCA provides NETS transit service for qualified residents from their homes to anywhere within the service area. However, the NETS service capacity provided by the YMCA is not large enough to meet the demand for all trips requested. The NETS scheduling staff prioritizes trips by purpose, with medical trips receiving first consideration based on a policy established in the contract between NETSUTD and the YMCA. After medical trips, the priority for granting trip requests is for socialization, employment, necessary shopping, and education, respectively. Socialization trips are intended to give individuals, who would otherwise be confined to their homes, the opportunity to interact with others. Due to the priority system, some scheduled trips must be dropped when a trip of a higher priority is requested. In such cases, NETS staff calls the "dropped" customer to inform them of the situation. There are also risks of conflict with priorities for trip purpose. For example, employment trips are assigned a low priority, but if the requesting customer is deemed to be mentally challenged, these trips can also fall into the category of socialization, which has a higher priority. Primarily, the NETS schedulers make these sorts of eligibility and priority decisions. While unduplicated riders are split about evenly between seniors, and persons with disabilities, seniors make about 65% of all passenger trips. Exhibit 6 shows a typical distribution of NETS trips. 8 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy Apri/2003 Exhibit 6 NETS Trips by Category September 2002 TripPUfpose Total..Oistriblltiol'l 0/0 .... oi""">> .y Medical I 62.1% 46.6% 15.6% Social Services 16.5% 11.6% 5.0% Employment 17.3% 4.3% 13.0% Personal Business 1.7% 1.1 % 0.6% Shoooina 1.5% 0.9% 0.6% Education 0.5% 0.3% 0.2% Recreational 0.4% 0.3% 0.1% Total 100.0% 100.1 % Source: YMCA Urban Services - September 2002 Although senior citizens take the majority of all NETS trips, certain trip types are taken primarily by persons with disabilities. The distribution of trip types by seniors and persons with disabilities was estimated through conversations with NETS staff. A five-day sampling, taken from the NETS schedule-log, reveals some trends and patterns among the trips. Exhibit 7 shows the origins and destinations of all trips scheduled between September 23 and September 27,2002. 9 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 7 Scheduled Trips NETS Service September 23-27, 2002 D o , Miles 2 , (j) uc NETS AnalysIs Major Destinations Source: NETS Schedule Log - September 23 through September 27,2002 The average trip length for the study period was five miles. Although the distribution of origins and destinations was quite broad, certain locations were visited with much more frequency than others (frequency is not reflected in Exhibit 7). Exhibits 8a and 8b show the distribution of trip origins and destinations by city. 10 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 8a Trip Origins for Scheduled Trips NETS Service September 23-27, 2002 South lake 0.4% Richland Hills 6.5% North Richland Hills 25.7% Bedford 28.3% Colleyville 0.9% Euless 6.1% Haltom City 7.0% Source. NETS Schedule Log - September 23 through September 27, 2002 11 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 8b Trip Destinations for Scheduled Trips NETS Service September 23-27, 2002 Southlake 0.4% Ri chland Hills 4.3% Hurst 10.4% Grapevine 14.3% North Richland Hills 13.9% Source. NETS Schedule Log - September 23 through September 27.2002 Focus Group Discussions The performance of a transit service is measured not only by operating statistics, but also by the opinions of those that the service affects, directly and indirectly. In order to gauge these opinions, LKC held a series of four focus group sessions on January 31, 2003 with current and potential NETS stakeholders. The following section is a summary of each of the focus group seSSIOns. NETS Users: Sixteen individuals attended the Current NETS Users focus group session. Attendees of the session ranged from regular riders, to occasional riders, to temporary riders recovering from 12 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 medical procedures. In addition, a number of NETS staff and YMCA board members were in attendance. Almost all attendees of this focus group session expressed a positive view of the services provided by NETS. Many participants described NETS as their "lifeline." The NETS staff was complimented for their compassion. However, some users admitted that they were hesitant to criticize a service they were so grateful for and on which they were dependent. Suggested improvements to the service focused on increasing service availability and consistency, particularly by reducing "priority denials and drops." Agencies and Service Providers: Nine representatives from various agencies and social service providers attended the Agencies and Service Providers focus group session. There was a general consensus among this group that medical-related transportation needs were being met by NETS. However, participants also agreed that needs such as socialization, employment, education, and necessary shopping were not being met adequately. According to most participants of this session, the only medical-related shortcoming of NETS is same-day transportation for newly discharged patients who are not already registered with the service. Many attendees noted that necessary shopping and socialization are in fact medical- related, as they are necessary for both mental and physical health, and thus should be considered as such. A number of attendees expressed a desire to overcome the limitations imposed by jurisdictional boundaries. Seniors and Senior Services: Fourteen representatives of the two interest groups attended the Senior and Senior Services focus group session. Most attendees had a positive view of NETS, but noted that NETS does not actively solicit customer feedback*, which could be useful in gauging customer satisfaction and suggestions. Some senior centers provide limited transportation services, but due to liability concerns and insurance costs, this is becoming increasingly rare. Volunteers such as church groups provide some transportation assistance to seniors, but these are rarely equipped to handle wheel chairs and other special needs. Special Needs Assistance Partners (SNAP): Three parent-representatives of SNAP attended the focus group session. SNAP is an advocacy and support group for individuals with special needs and their parents in Northeast Tarrant County, representing 50 families. According to the focus group participants, most special-needs SNAP members can function on their own, but due to various cognitive and physical disabilities cannot obtain drivers licenses. * United Way impact evaluations are distributed to NETS riders quarterly and bi-annually. 13 LKC Consulting Services. Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Many members have jobs or attend Tarrant County College. Although most destinations frequented by SNAP members are in Northeast Tarrant County, no SNAP members currently use NETS, as their need for consistent non-medical transportation service cannot be met. The SNAP focus group participants expressed the hope that increased transportation availability would allow both individuals with special needs and their caregivers to be more independent and productive members of society. Common Themes: A number of common themes were expressed in all ofthe focus group sessions regarding the strengths and weaknesses of NETS. Among the strengths of NETS, its ability to handle medical- related trips was noted most often. Among its weaknesses, participants were most concerned with service denials based on priority. NETS was further praised for its affordability, but criticized for the reliability of its service. The NETS staff received positive comments for their skills and empathy, but a common complaint was that there simply was not enough staff, equipment, or funding to operate the service adequately. Most participants agreed that there is a need to continue prioritizing trips based on trip purpose. The current prioritization order is generally well accepted, but there was some disagreement on the exact definition of each trip purpose. Findings The following findings summarize the existing situation: Although the NETS staff is generally praised for their compassion and dedicated service, the service itself is hampered by a persistent cash flow problem. With the lack of a predictable budget, YMCA Urban Services staff has been unable to effectively plan for the future needs of the NETS service. As a result, NETS has been characterized in recent years by insufficient staffing levels, poor conditions of transit vehicles, and the lack of modem automated scheduling software. In addition, contractual vagueness has resulted in a lack of clearly defined performance monitoring guidelines and conflicts between need and capacity when prioritizing trips. FUNDING Various federal, state, and local funds are available for the capital and operating expenses to provide transit service. Federal funds may be used to cover only a percentage of costs. After federal grants, the remaining portion of capital cost and operating deficit must be matched with local funds. The portion of the cost that must come from local dollars is referred to as "local share." Local share can be contributed by the state funds or by local revenues. The purpose of this section is to identify the feasible sources of federal, state and local funds for transit and to determine ifNETSUTD is optimizing available funding opportunities. 14 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Federal Funding Federal funding for transportation comes through the United States Department of Transportation (USDOT). Other Federal departments also have funds available that can be used for transit iftransportation benefits the main purpose of the department, such as maintaining or improving air quality. The programs and funding from the USDOT were established in the umbrella legislation known as the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. ISTEA established authorized funding levels and programs for transit and highway projects and institutionalized the ability to shift funds from one program to another depending upon local priorities. ISTEA expired at the end of fiscal year (FY) 1997 and has been replaced by new legislation. The Transportation Equity Act of the 2151 Century (TEA-21) maintains the previously established programs, while generally raising the overall funding levels. TEA-21 is effective for a six-year period, with specific spending levels established each year as part of the Federal budgeting process. TEA-21 will expire on September 30, 2003. A reauthorization bill to continue Federal funding for transportation is in discussion now. TEA-21 provides funding for the USDOT and its subsidiary agencies, including the Federal Transit Administration (FT A) and the Federal Highway Administration (FHW A). The FT A funding programs that may be applicable for NETS are the Urbanized Area Formula Program (Section 5307), the Discretionary Capital Program (Section 5309), and the Congestion Mitigation and Air Quality Act (CMAQ) Program. Section 5307: Section 5307 funds are designated to the Metropolitan Planning Organization (MPO) in an urbanized area for distribution, with the dollar amount based on population, population density, and bus revenue vehicle miles in the urbanized area. The total Dallas-Fort Worth-Arlington Urbanized Area apportionment in fiscal year 2002 was $45,508,300*. A portion of this amount is attributable to NETS member cities, but the actual distribution of these funds is determined by the MPO, after reviewing all requests. The funding levels for Section 5307 vary based upon the size of an urbanized area. Urbanized areas are grouped into three sizes: small urbanized areas having a population between 50,000 and 200,000, medium urbanized areas having a population between 200,000 and one million, and large urbanized areas having a population in excess of one million, such as the Dallas-Fort Worth-Arlington Urbanized Area. Exhibit 9 illustrates the Section 5307 formula calculation using NETS characteristics. The result is an estimate of the NETS member cities' contribution to the total Section 5307 fund designated for DFW -Arlington, and do not represent the amount actually allocated to NETS. Decisions on how the funds are actually distributed are made by the MPO based on a regional planning process. * The 2003 Dallas-Fort Worth-Arlington Urbanized Area apportionment was announced at the time of this publication to be $5\ ,4\8,630, but the 2002 apportionment will be used for this report. 15 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 9 Section 5307 Calculations To Demonstrate the Funds Contributed by the Cities of NETSUTD To the Dallas-Fort Worth - Arlington Urbanized Area NETS Population in 2000 313,377 $3.39155136 $1,062,834 $623,545 $73,747 $1,760,000 NETS Population x Density 313,377 x 2,287 $0.00086987 NETS Bus Revenue Vehicle Miles 175,758 $0.41804338 Total for NETS Service Area Source: LKC Consulting Service, Inc. The use of Section 5307 formula funds for large urbanized areas is restricted to capital projects and cannot be used for operations, except preventive maintenance and capital cost of contracting. However, a special provision exists for transit providers, such as NETS, in urbanized areas with populations of at least 200,000 that provide transit services only to seniors and persons with disabilities and operate 20 or fewer vehicles. Under this special use provision, a portion of Section 5307 formula funds that are otherwise limited to capital expense in large urban areas may be used to finance the operating costs in providing transportation services for seniors and persons with disabilities. The maximum amount from Section 5307 that can be used for operating under this special use provision is $1,444,000*. This special use "allowance" is shared among all qualified transit providers. In the DFW -Arlington urbanized area, qualified providers include the cities of Arlington, Grand Prairie, Mesquite, and NETSUTD. Historically, the only source of Federal funding for NETS has been the Section 5307 special use provision, which funds 50 percent of operating costs. Since 1999, NETS has been receiving an average of $261 ,000 in annual Section 5307 Special Use funds. The NETSUTD is not explicitly prohibited from seeking further funding from Section 5307 formula funds for capital expenses or from other Federal sources, but until recently, have not done so. NETSUTD is currently purchasing one vehicle, and have asked to revise the TIP to use fiscal 2003 Section 5307 funds for additional vehicles. Section 5309: The Section 5309 Discretionary Capital Program provides assistance for establishing new rail transit projects, improving and maintaining existing rail transit and other fixed guideway systems, and providing funding for buses and other bus-related capital projects. Unlike other FT A funding categories that allocate money on a formula basis, Section 5309 funds are awarded on a discretionary basis for a particular capital project. The eligible Federal share is 80 percent, * The special use provision and the $1,444,000 limitation applies to all eligible transit providers nation-wide, but to date only the eligible recipients in the DFW -Arlington urbanized area have used the funds for the intended purpose. 16 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 but FT A encourages applicants to develop greater non-Federal match to secure Section 5309 funding. CMAQ: Additional operating funds can be obtained through the Federal Highway Administration's CMAQ program. The primary purpose of the CMAQ Program is to fund demonstration projects and programs that reduce transportation related emissions in air quality non-attainment and maintenance areas for ozone, carbon monoxide, and small particulate mater (PM-IO). The Federal share can fund up to 80 percent of the operations costs for demonstration of services. Demonstration projects can be funded for up to two years. CMAQ can be a source of capital funds as well. The Federal share can fund up to 90 percent of transit vehicle-related equipment attributable to compliance with the Clean Air Act, and up to 80 percent of other capital projects. State Funding Each biennium, the Texas Legislature appropriates State funds for public transportation in urban and rural areas. TxDOT administers funds for public transportation. The Public Transportation Fund (PTF) supports transit in rural areas and in municipalities not included in a transit authority. Toll credits, which are described later in this report, may also eligible as an indirect source of funding. A transit authority means a municipality or a metropolitan or regional authority in an urbanized area of over 200,000 in population with a local transit tax. A local transit tax (sales tax) can be used to fund transit and to match federal grants. The PTF is distributed to cities that are 50,000 to 200,000 in population and are not part of a transit authority. PTF: The Texas Transportation Code, Chapter 456, Section 456.006(a) defines a designated recipient for PTF as a "rural or urban transit district or municipal transit department." An urban transit district is defined in Chapter 458, Section 458.00 I (4) as a local governmental body or political subdi vision of the state that operates a public transportation system in an urbanized area with a population of more than 50,000 but less than 200,000. The PTF is allocated in two ways. Ninety percent of PTF funds for urban and rural areas are allocated by formula to existing transit systems. The remaining ten percent of PTF funds for urban areas are used at the discretion of the Texas Transportation Commission. The PTF funds may be used for capital or operating and do not require the grantee to provide a match. PTF funds can provide all or part of the local share for a Federal grant. 17 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 To receive any State or Federal funds administered by the State, an operating entity must submit an operational plan and establish performance measures for the service. The State funds available can vary significantly each year depending on legislative appropriations. This funding can be used as local share to match Federal dollars. A designated recipient not included in a transit authority but located in an urbanized area that includes one or more transit authorities and that received State transit funding during the biennium ending August 31, 1997, may receive funding from the [PTF] in an amount that does not exceed the amount of funds expended during that biennium. This provision is designed to grandfather municipal transit departments in Dallas and Tarrant counties that were already receiving PTF funding prior to the 1997 Texas Legislature. The affected transit systems include the cities of Arlington, Grand Prairie, Mesquite, and the NETSUTD. The 75th Legislature passed a bill that capped the State allocation for the four transit systems at the 1996-97 biennium level and required that State funds match Federal dollars at specific ratios. The cap on the State allocation for NETSUTD as established in the 1996-97 biennium is $213,068. The State PTF funds were providing on average $106,500 each year to NETS (equal to half of the biennium appropriation that is capped at $213,068). However, for the 2002-03 biennium, the appropriation was reduced to $182,173, and the amount funded is less than the appropriation. The future of PTF funds is uncertain, and may be eliminated completely. Toll Credits: TEA-21 permits a state to use as a credit toward the non-Federal share requirement toll revenues that are generated and used by a public agency to build, improve or maintain facilities that serve the purpose of interstate commerce. When beneficial and appropriate, toll revenue credits can be used on transit projects. TxDOT can recognize private investment in the national highway system by crediting value for tolls back to local projects. These credits have been used in lieu of local share for capital projects. Toll credits have not been used to fund NETS in the past, and the Texas Transportation Commission has recently stated that the entire practice should be put on hold until the legislature, which is currently in session, has an opportunity to clearly define what the proper use for such credits should be. Local Funding Based on cooperative agreements between the NETS member cities and YMCA of Metropolitan Fort Worth, each member city annually contributes $0.50 per capita to fund the service. Aside from the fare revenues discussed previously and local government contributions, a transit provider can generate additional revenue by leasing out advertising rights on vehicles and at bus stops. The revenues generated can reduce the operating deficit. If transit vehicles are used for charter on an incidental basis (at times that do not interfere with scheduled service), the revenues generated can also reduce the operating deficit. In addition, i8 LKC Consulting Services, inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 transportation contract opportunities may be available to provide Medicaid and other senior services. Service sponsorship is another way to generating revenue. Sponsors might include major retail businesses that can fund a portion of the cost of service for their particular location. Obtaining these funds requires a close working relationship with the sponsor to ensure the service meets their needs. In-kind contributions may provide a portion of the local funding match. In-kind contributions can include land and building space for administration and operations such as existing city offices and facilities. The personnel costs and direct expenses for project management and public information can also be considered as in-kind match. Community Development Block Grants (CDBG) take on the veil of local dollars and may be used to match Federal 5307 operating funds. The CDBG program provides annual grants that can be used to revitalize neighborhoods, expand affordable housing and economic opportunities, and improve community facilities and services. Since transportation is considered a service that benefits the target population, CDBG funds can be used to pay local share for public transportation operating and capital costs, although NETSUTD has never used these funds to fund NETS. A dedicated sales tax for transit could be an option for those cities that are not already at the state-allowed maximum of 8.25 percent. Funding History for NETS Service Exhibit 10 illustrates the historical funding for NETS services from Federal, State and local sources. Exhibit 10 Funding History for NETS Service Year 1999-2000 $ 260,000 $ 107,500 $ 155,784 $523,284 2000-0 I $ 260,000 $ 105,568 $ 173,795 $539,363 2001-02 $ 244,697 $ 98,217 $ 146,480 $489,393 Average $ 254,899 $ 103,762 $ 158,686 $517,347 *State fund amount may be revised to reflect actual allowed for fiscal year 2002, but will be used as shown for this report. Source: Actual billingfrom YMCA Urban Services 19 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Federal funding is dependent on a "local" match, which can come from State or local sources. State funding has been declining for the past three years. If this trend continues (as is expected), the burden of providing the match will fall exclusively to the local cities. Planning for such a scenario is crucial. Findings Based upon LKC review, NETSUTD is not optimizing available funding opportunities. Additional federal funds may be available for both capital purchases and operating. State funds are at risk of being reduced or cut altogether. Local sources such as CDBG funds and other operating revenues can be used for local share dollars, which are needed to leverage federal matching funds. CONTRACTING TO PROVIDE NETS SERVICE NETSUTD has decided not to provide NETS transit service directly, but to continue contracting services to a third party. The purpose of this section is to describe the types of contracts that are feasible and to identify a list of possible contract providers. Types of Contracts Several different procurement strategies could be considered, including contracting only for service and vehicle maintenance, or an all-inclusive "turnkey" approach. Service and Maintenance: If NETS chooses to contract out only service and vehicle maintenance, the agency would be responsible for buying or leasing the needed vehicles. Capital purchase is an advantage if NETS can identify a source (Federal and local) of money for a one-time major capital purchase. Lease of equipment is an advantage if NETS needs to finance the vehicles from operating funds over time. Additional costs include finance charges. The funding strategy for this scenario is to use Section 5307 special use funding allocation to pay for 50 percent of operating costs and Section 5307 capital or Section 5309 discretionary for 80 percent of capital. An additional source of capital funds could be CMAQ for the incremental cost of clean fuel vehicles, or toll credits in lieu of local share. Turnkey: Turnkey contracting places the responsibility for purchasing equipment, maintaining the vehicles, and operating the system entirely in the hands of the private vendor. The advantage is to leave all logistics to the private vendor. Private vendors have more flexibility in purchasing vehicles. The disadvantage of a turnkey contract is that the vendor has title to the buses, and, more significantly, the cost per revenue hour will go up to fund the cost of the equipment. A turnkey contract can be eligible for Section 5307 Formula funds to pay 40 percent of the total cost of the turnkey contract for the capital cost of contracting. 20 LKC Consulting Services. Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 FT A will allow a percentage ofleased service or contracted maintenance to be considered capital costs without further justification and will provide assistance for 80 percent of the resulting amount. Exhibit I I shows the percent of various types of contracts, which are eligible for FT A capital assistance without further justification to FT A. Exhibit 11 FT A Funding Eligibility Service Contract (contract transit service only) 0% Vehicle/Service Contract (contract vehicles and transit service) 10% Service Contract (contract transit service and maintenance) 40% Turnkey Contract (contract vehicles, maintenance, transit service) 50% Maintenance/Lease Contract (contract vehicles and maintenance) 100% Vehicle Maintenance Contract (contract maintenance only) 100% Vehicle Lease Contract (lease vehicles) 100% Interlocal Agreement: An arrangement for contracting services can be arranged through an interIocal agreement. An interIocal agreement serves as a contract obligation between two public entities much the same way a contract obligation between an agency and a vendor that wins a bid. However, because the agreement is between two public entities, competitive procurement is not required. Instead, the two agencies can negotiate the terms and conditions and the price for service. Federal Funding Opportunities The type of contract may affect how NETSUTD can access federal funds, especially for the capital cost of contracting. NETSUTD can use Section 5307 Formula funds for Special Use to pay up to 50 percent of the operating deficit for NETS service. NETSUTD can also use Section 5307 Formula funds for Capital to pay a portion of a contracted service as the capital cost of contracting. Eligible Providers Possible providers of NETS service by contract are listed in four groups. 21 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Public Transportation Providers: · Services Program for Aging Needs (SPAN), Inc. . Cletrans · Collin County Committee on Aging (CCAR T) . Community Transit Services · Hunt County Committee on Aging - The Connection Public Transit System · Kaufman County Senior Citizens Services - Kaufman Area Rural Transit (KART) · Parker County Transportation Services · Public Transit Services · The Transit System, Inc. . Texoma Area Paratransit System (TAPS) . Fort Worth Transportation Authority . City of Arlington - Handitran · City of Grand Prairie . City of Lewisville · City of Denton . City of Mesquite Regional Client Transportation Agencies: . American Red Cross · Urban Services YMCA Local Private Transportation Providers: . Noble Coaches & I sl Executive · Irving Holdings and Yellow Cab · Cowboy Cab Company, Inc. . Darya, Inc. d.b.a. Executive Taxi Inc. National and Regional Private Transportation Contractors: · Laidlaw Transit Services, Inc. . ATC · McDonald Transit . First Transit Appendix A shows the complete contact information for all of the listed transit providers. 22 LKC Consulting Services. Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 RECOMMENDA TIONS The following recommendations include a service plan, capital needs, funding strategy, and procurement guidelines to select a service provider for NETS. Service Levels The demand for NETS service by the target markets can be estimated if there are no restrictions on capacity. However, the level of service required to meet unconstrained demand exceeds the current funding levels. NETSUTD can plan for a reasonable operating budget that will expand current services by increasing productivity and service reliability. The NETSUTD board of directors will need to develop policies to manage demand. Exhibit 12 shows the expected demand for annual NETS passengers trips, based on Arlington's demand experience. Arlington has managed to maintain an acceptable rate of 125 denials per week, and thus serves as a good model for NETS. Exhibit 12 Projected Demand for NETS Service :;:it ^. .. ,>:: ,> ;; :: NETS Population 2000 313,377 Unduplicated Ri ders per 1,000 Population per 3.899 Arlington NETS Unduplicated Riders 1,220 Annual Rides per 44 Unduplicated Rider based on NETS experience Expected Demand for Annual 53,800 NETS Passenger Trips Source: LKC Consulting Services, Inc. In 2000-01, NETS carried 1.65 passengers per revenue hour, at an operating cost of $46.0 1 per revenue hour. It is assumed that with improved productivity, these rates can improve to the State average for demands-response systems of2.3 passengers per revenue hour, and $45.00 per revenue hour. These values will be used for planning purposes. Exhibit 13 shows the cost and revenue hours needed to accommodate the projected demand of 53,800 annual passenger trips. 23 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 13 Funding Required if NETS Could Serve Projected Demand Passenger Trips Passenger Trips per Revenue Hour 53,800 2.30 Revenue Hours 22,800 Cost per Revenue Hour $45.00 Operating Cost $1,052,600 Source: LKC Consulting Services, Inc. Exhibit 14 shows the level of service that can be provided if the total operating budget is restricted to the current level (assuming productivity improvements). Exhibit 14 NETS Service Supply if Funding is Limited to Status Quo Total Budget (Rounded) $520,000 $45.00 Cost per Revenue Hour Revenue Hours 11,600 Passenger Trips per Revenue Hour 2.30 Passenger Trips 26,600 Source: LKC Consulting Services, Inc. In order to meet the projected demand, additional funding must be found. In the absence of additional funding, the NETSUTD board of directors will have to establish policies and procedures to manage demand. Demand can be restricted in a number of ways, including restricting capacity (denying trips), restricting trip purpose, restricting rider eligibility, or increasing fares. Restricting capacity is the practice under the current NETS operating policy. Trips are denied and thus demand is reduced, NETS could manage demand under the Status Quo scenario in the following ways: 24 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 · Restrict Trip Purpose. Serve only medical trips. The demand will be about 27,700 passenger trips for medical only as compared to the Status Quo supply of 26,600. · Restrict Eligibility. Serve only persons with disabilities who qualify under strict ADA guidelines. This will include some seniors, but not all. The demand will be about 26,800 passenger trips for ADA only as compared to the Status Quo supply of26,600. · Increase Fares 100 percent. Raise fares for all trips to $3.00 per trip. The increase in fares will reduce demand 50 percent to 26,900 passenger trips as compared to the Status Quo supply of 26,600. Capital Needs Any operating plan will generate capital needs. NETS already requires fleet replacement and an automated scheduling system. Modern scheduling software ranges in price from $40,000 to $120,000, depending on specifications, and if hardware, training, and support are included. The cost for transit vehicles varies based on specifications. TxDOT procurement manuals describe two types of vehicles that would be appropriate for the type of special needs service that NETS provides. The first type of vehicle is a propane-powered "raised roof' van - a conversion of a full size van, equipped with a raised roof, wheelchair lift, and provisions for stand-up entry and wheelchair passenger securement. These vehicles have a recommended life-span of 4 years or 100,000 miles and range in price from $48,000 to $52,000. The second type of vehicle is a propane-powered "cut away" van - a standard cutaway chassis with provision for stand-up entry, a wheelchair lift, and tie downs. These vehicles have a recommended lifespan of 5 years or 150,000 miles and range in price from $60,000 to $68,000. The procurement of these vehicles, along with scheduling software, requires a source of capital funding. Regular 5307 funds can cover at most 80 percent of these capital costs. Exhibit 15 illustrates the capital requirements needed to handle 26,600 annual passenger trips. 25 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Exhibit 15 Capital Funding IHll Hi:;:;ii;ilYi Passenger Trips 26,600 Revenue Hours 11,600 Transit Vehicles for 5 Peak Service Spare Vehicles 2 (Minimum 2) Total Vehicles 7 Cost per Vehicle $68,000 Vehicle Capital Cost $476,000 Vehicle Communication, Spare $71,000 Parts Total Capital for $547,000 Vehicles Scheduling System and $120,000 Hardware Total Capital Program $667,000 Federal 80% $534,000 Local 20% $133,000 Source.. LKC Consulting Services. Inc. Most NETS vehicles are currently eight years old or older, and will need to be replaced soon. One vehicle is relatively new (200 I), while another will be purchased with 2002 funds. Funding Strategy A good funding strategy will optimize the use of federal dollars. The NETSUTD will also need to continue to emphasize the importance of state funding for transit. If state funding is no longer available after 2003, the cities ofNETSUTD will need to generate additional local share dollars. 26 LKC Consulting Services. Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 · Develop a financial strategy to equal existing total resources but allow for growth as demand increases · Include financial strategy in Transportation Improvement Plan (TIP) by the MPO · Request Section 5307 Formula Funds for capital* · Pursue Section 5309 Discretionary Funds for capital . Communicate priorities to Texas Legislature to preserve State funding · Increase local share by investigating use of CDBG funds or revenue from operating Procurement Strategy The procurement strategy must complement the service plan and the funding strategy. There are several options available to NETS. Each should be pursued until a satisfactory interlocal agreement or contract for services is negotiated. . Develop a scope for service and maintenance with performance standards . Continue to evaluate Options for capital requirements o Purchase direct o Require contractor to provide o Negotiate a fleet plan with a combination of purchased and contractor supplied · Pursue interlocal agreement with a public transportation provider · If an interlocal agreement is not feasible, issue a two-step procurement o First step: Request for qualifications o Second step: Cost proposals * A request was made to amend the 2003 TIP to include funding for scheduling software, vehicle replacement, and operating assistance for NETS. The amended 2003 TIP has been approved. 27 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 APPENDIX A Possible Service Providers LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Possible Vendors for NETS Service/Vehicle Maintenance Contract Optional: Provide Vehicles Public Transportation Providers: Services Program for Aging Needs (SPAN), Inc. Attn: Erika Lissberger - Executive Director 1800 Malone Denton TX 76201 904-382-2224 904-383-8433 (Fax) Cletrans Attn: Ron Parnell - Purchasing Manager P. O. Box 677 Cleburne TX 76033 817-645-0951 817-645-0990 (Fax) Collin County Committee on Aging (CCART) Attn: Marilyn Stidham - Executive Director P. O. Box 396 McKinney TX 75070 972-562-6996 972-562-0308 (Fax) Community Transit Services Attn: Steve Terry - Director of Transportation P. O. Box 612 Corsicana TX 75151 903-872-2405 903-872-0561 (Fax) Hunt County Committee on Aging The Connection Public Transit System Attn: Sally Ann Chavarria - Director 3720 O'Neal Street Greenville TX 75401 903-454-1444 903-454-4150 (Fax) Kaufman County Senior Citizens Services Kaufman Area Rural Transit (KART) Attn: Omega A. Hawkins - Director P. O. Box 836 LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Terrell TX 75160 972-563-1422 972-563-1491 (Fax) Parker County Transportation Services Attn: Maggie Franklin - Director P. O. Box 1236 Weatherford TX 76086 817 -599-8671 817 -599-7433 (Fax) Public Transit Services Attn: Reta Brooks - Executive Director P. O. Box 1055 7611 Hwy 180 East Mineral Wells TX 76068 940-328-1391 940-328-1392 (Fax) The Transit System, Inc. Attn: Barbara Perry - General Manager P. O. Box 332 Glen Rose TX 76043 254-897-2964 254-897-7922 (Fax) Texoma Area Paratransit System (TAPS) Attn: V. Hammonds, Executive Director 6104 Texoma Parkway Sherman TX 75090 903-893-4601 903-893-4766 (Fax) Fort Worth Transportation Authority Attn: Dick Ruddell President-Executive Director 1600 E. Lancaster Fort Worth TX 76102 817-215-8700 817-215-8709 (Fax) LKC Consulting Services, Inc, Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Fort Worth Transportation Authority Attn: Nancy Amos, Senior Vice-President 1600 E. Lancaster Fort Worth TX 76102 817-215-8620 817-215-8709 (Fax) City of Arlington Attn: Wilma Smith Assistant Director of Transportation 101 W. Abram St. Arlington TX 76004 817 -459-6363 817-459-6379 (Fax) Handitran Attn: Juanita Rodriquez Special Transit Manager 501 W. Sanford, Suite 201 Arlington TX 76011 817 -459-5390 817-275-2286 (Fax) City of Grand Prairie Attn: Anthony Flowers, Transit Coordinator 206 West Church St Grand Prairie TX 75050 972-237-8139 972-237-8116 (Fax) City of Lewisville Attn: Claude E. King, City Manager P. O. Box 299002 Lewisville TX 75029 972-219-3400 972-219-3412 (Fax) City of Denton Attn: Tom Shaw, Purchasing Agent 215 E. McKinney St Denton TX 76201 940-349-7100 940-349-7302 (Fax) LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 City of Mesquite Attn: Michelle Brand Manager of Purchasing Purchasing Department Mesquite Municipal Center 1515 N. Galloway Mesquite TX 75185 972-216-6201 972-216-6397 (Fax) Local Private Transportation Providers: Noble Coaches & 1 sl Executive P. O. Box 1426 Euless TX 76039 972-578-5700 972-578-0578 (Fax) Irving Holdings and Yellow Cab Attn: Jeffrey Finkel Vice President 2515 Irving Blvd Dallas TX 75207 972- 728-6730 214-678-9457 (Fax -confirmed that area code is different) Cowboy Cab Company, Inc. Attn: Karl Kuhlman VP and Chief Operating Officer P. O. Box 150125 Dallas TX 75215 214-428-0202 214-428-3030 (Fax) Darya, Inc. d.b.a. Executive Taxi Inc. Attn: Barry Sangani President 3131 Halifax Street Dallas TX 75247 972-445-3131 972-689-8963 (Fax) LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 Regional Client Transportation Agencies: American Red Cross Attn: Ms. Leah Schumann Director of Transportation ] 515 South Sylvania Avenue FortWorthTX 76111 817-335-9137 817 -335-8] 50 (Fax) Urban Services YMCA Attn: Ms. Brenda Cross Executive Director 5408 Davis Blvd N. Rich1and Hills TX 76]80 817-485-3933 817 -428-7162 (Fax) National and Regional Private Transportation Contractors: Laidlaw Transit Services, Inc. Attn: William Yates, Sr. Vice-President 5360 College Blvd, Suite 200 Overland Park, KS 66211 913-345-1986 913-345-9974 (Fax) ATC Attn: Chuck Barnes VP, Western Region Paratransit Division 3007 White Rock Drive Austin TX 78757 512-453-5795 512-453-2035 (Fax) ATC Attn: Tim Collins Senior VP and Chief Operating Officer Paratransit Division 601 Madison Street, Suite 219 Alexandria VA 22314- 703-739-9434 703-739-9437 (Fax) LKC Consulting Services, Inc. Northeast Transportation Services Urban Transit District Transit Planning and Strategy April 2003 McDonald Transit Attn: John P. Bartosiewicz Executive VP - Chief Operating Officer 4040 Fossil Creek Blvd Suite 200 Fort Worth TX 76137 817-232-9551 817-232-9560 (Fax) First Transit Attn: Nick Promponas Senior VP - Transit Operations One Centennial Plaza 705 Central Avenue, Suite 300 Cincinnati OH 45202 513-241-2200 513-381-0149 (Fax) First Transit Attn: Ricardo Pulido Regional Vice-President 2211 Hightower Dr Garland, TX 75041 214-749-5815 214-749-5813 (Fax) LKC Consulting Services, Inc. PRE-COUNCIL Cily Of CCe!n0 AGENDA BRIEFING il'x~~ MEETING DATE: ITEM # : [ 06/03/03 PC-2 CITY MANAGER DEPARTMENT HEAD: FINANCE REVIEW Previous Action: None N/A DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the June 3 2003, City Council regular agenda items This item provides the opportunity for the City Council to discuss the June 3, 2003, City Council regular agenda items. CITY COUNCIL C:II~.Of cc~n", AGENDA BRIEFING 'l.'S~:' MEETING DATE: ITEM#: RESOLUTION #: 06/03/03 1 N/A CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551 .071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda CITY COUNCIL Cd)' r)( ((V~nce AGENDA BRIEFING ~\ E~~ Il'xa~ MEETING DATE: ITEM#: RESOLUTION #: 06/03/03 2 R-03-2159 CITY MANAGER DEPARTMENT HEAD: FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Canvassing the City Council Run-Off Election for Mayor, held May 31,2003 Reading and Public Hearing This Resolution provides for the City Council to canvass the results of the May 31, 2003, City Council Run-Off Election for Mayor, in accordance with Texas Election Code Section 67.004. RESOLUTION R-03-2159 A RESOLUTION CANVASSING THE MAY 31, 2003, RUN-OFF ELECTION FOR MAYOR WHEREAS, a Run-Off Election was duly held in the City of Colleyville, Texas, on the 31 st day of May 2003, for the purpose of electing a Mayor; and WHEREAS, the City Council has met and canvassed the votes cast in such election in accordance with the Texas Election Code, Section 67.004; and, WHEREAS, such canvass showed the following results: MAYOR Richard Newton Joe Hocutt NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above canvass is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL CilY Of ((V~n,?> AGENDA BRIEFING ~\ C7'.c~ re:>;0':> MEETING DATE: 06/03/03 CITY MANAGER ~ ITEM#: 3 DEPARTMENT HEAD ~ RESOLUTION #: N/A FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Administration of the Oath of Office to the Mayor City Secretary Cynthia Singleton will administer the Oath of Office to the Mayor. In the name and by the authority of The State of Texas OATH OF OFFICE I, swear (or affirm), that I will faithfully execute the duties of the office of , do solemnly of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this ,20 day of Signature of Person Administering Oath (Seal) Printed Name Title MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MAY 20, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Arp on May 20, 2003, at 5:48 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Jon Ayers were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Director of Public Works Keith Fisher, Senior Planner Tom Niederauer, Community Development Director Barry LeBaron, Community Development Manager Clayton Husband, Parks and Recreation Manager Monica Walsh, Records Manager Matt Denton, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 6:00 p.m. PC-l. Discussion of Master Plan Telephone Survey Senior Planner Tom Niederauer introduced Paul Ruggerie of the Survery Research Center, University of North Texas, who provided an overview of the process for conducting the citizen survey and answered questions of the Council. PC- 2. Discussion of May 20, 2003 City Council regular agenda items There was no discussion regarding the City Council regular agenda items. Mayor Arp declared the Pre-Council meeting adjourned at 6:45 p.m. CITY COUNCIL MINUTES MAY 20,2003 The regular meeting of the Colleyville City Council was called to order by Mayor Arp on May 20, 2003, at 6:50 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Director of Public Works Keith Fisher, Library Director Mary Rodne, Community Development Director Barry LeBaron, Community Development Manager Clayton Husband, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Records Manager Matt Denton, Color Guard members Johnny Collins and Brian Meroney, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551 .071 Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann Johns lawsuit Sec. 551.071 - Arp explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:35 p.m. The invocation was given by Sister Theresa Khirallah of Good Shepherd Catholic Community, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Pro Tem Tigue representing the Colleyville Public Library Foundation presented a donation of $25,000 from Betty and Hardy Sanders and Mark and Jody Sanders and $5,000 from Robert and Helen Glaser to Colleyville Library Director Mary Rodne. The donations will be used to create a great books area and a children's reading area. Cokie Glaser, age 7 and Bobby Glaser, age 10, assisted Mayor Arp with the presentation of Proclamations. 2 CITY COUNCIL MINUTES MAY 20, 2003 Scoutmaster Ed McKnight introduced Boy Scouts from Troop 28. Mayor Arp presented a plaque to Brad Rice in appreciation of service as Councilmember, Place 2. Mr. Rice congratulated new councilmembers and expressed appreciation to Mayor Pro Tem Tigue and Mayor Arp for their service on City Council, to staff for their support, to the citizens for allowing him to serve and spoke regarding his accomplishments as Councilmember. Mayor Arp presented a Proclamation to Garden Club President Ann Conrad in recognition of National Garden Week. Ms. Conrad extended an invitation for everyone to attend the Promenade Garden Tour, 11 :00 a.m. to 4 p.m on Sunday, June 1,2003. Mayor Arp presented a Proclamation to Major Wickstrom, wife Sandy and daughter Megan, in celebration of Major Jeffry Wickstrom's Homecoming from Iraq. Mayor Arp presented a Proclamation to Jamie Adams, Agent for Rafael Palmeiro, in recognition of Mr. Palmeiro's 500th Home Run. Mayor Arp presented a Proclamation to Fire Chief Mike Johnston in recognition of Trauma Awareness Month and Emergency Medical Services (EMS) Week Mayor Arp presented a Proclamation to Mr. Ed Coley in recognition of Memorial Day. Ms. Lila Coley extended an invitation to attend the Memorial Day Service, May 26, 2003, at 10:00 a.m., at Bluebonnet Cemetery. Color Guard members Brian Meroney and Johnny Collins retired the City flag and presented the flag to Mayor Arp. The flag will be placed in the Time Capsule, which will be located at the new City Hall and Library and opened on March 22, 2027, commemorating 25 years. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2149 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 6, 2003 b. Approval of minutes of the Special City Council meeting of May 7,2003 c. Approval of the Final Plat of Emerald Park Addition, Phase 1, 20.380 acres located on north side of L.D. Lockett Road, east of Precinct Line Road, Case P-03-010 Mayor Arp opened the public hearing and read Resolution R-03-2149 in its entirety. 3 CITY COUNCIL MINUTES MAY 20,2003 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hendler stressed the need for renewed sense of urgency in economic development planning for Precinct Line Road and does not disagree with the final plat. Discussion ensued regarding economic development on Precinct Line Road and the commercial development of the property. Mayor Pro Tem Tigue moved to approve Resolution R-03-2149. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1404 - Approval to amend Ordinance 0-92-880 establishing the fee structure for the circulation of materials and replacement and processing fees for materials for the Colleyville Public Library Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1404. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1404. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1405 - Approval of a Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, Case Z-03-006 The applicant requested that this item be withdrawn. 4 CITY COUNCIL MINUTES MAY 20,2003 6. READING AND PUBLIC HEARING - Resolution R-03-2150 - Approval of nominations to the North Central Texas Council of Government Regional Rail Corridor Study Technical and Policy Committees Mayor Arp opened the public hearing and read Resolution R-03-2150 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Dolan nominated Councilman Hendler. Councilman Hendler nominated Councilman Skinner. There were no other nominations and Mayor Arp called for the vote. Councilman Skinner: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Councilman Hendler: Councilman Dolan Mayor Arp declared Councilman Skinner appointed to serve on the Policy Committee. Councilman Ayers moved to approve Resolution R-03-2150. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-03-2151- Approval of a Request by Kurt Watkins for an Outdoor Music Festival permit for June 21, 2003, at Finz Tropical Grill, 5005 Colleyville Boulevard, Case G-03-009 Mayor Arp opened the public hearing and read Resolution R-03-2145 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding emergency exits and traffic, number of security personnel and pedestrian control. 5 CITY COUNCIL MINUTES MAY 20, 2003 Mr. Kurt Watkins, 3801 Felps Court, applicant, was present to answer questions of the Council. Councilman Hendler moved to approve Resolution R-03-2145. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-03-2152 - Approval of a request by Colleyville Town Center for determination of a driveway location, Case G-03-011 Mayor Arp opened the public hearing and read Resolution R-03-2152 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding access to the Development and the topography of the land. Mayor Pro Tem Tigue moved to approve Resolution R-03-2152. Councilman Hendler seconded the motion. Mayor Pro Tem Tigue made a friendly amendment to approve the driveway identified as Proposal 1 and to preserve the berm while complying with the safety regulations. Councilman Hendler accepted the friendly amendment. Discussion continued regarding visibility and truck access. Mr. Jim Rice of Hodges & Associates, representing the applicant, was present to answer questions of the Council. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6 CITY COUNCIL MINUTES MAY 20,2003 9. READING AND PUBLIC HEARING - Resolution R-03-2153 - Reconsideration of a request for a variance to the sign regulations to allow a 5' by 10' changeable letter wall mounted sign on the east side of the Sunbelt Gymnastics building located at 4701 Bransford Road, Case G-03-008 Mayor Arp opened the public hearing and read Resolution R-03-2153 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Ms. Cindy Boykin, 7905 Norma Lane, Richland Hills, representing the applicant, was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve Resolution R-03-2153. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-03-2154 - Approval to amend Resolution R-99-1464 setting the Parks and Recreation Donation Policy Mayor Arp opened the public hearing and read Resolution R-03-2154 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2154. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-03-2155 - Approval of City of Colleyville's Participation in Tarrant County's Community Development Block Grant Program for the three program period, Fiscal Year 2003 through Fiscal Year 2005 7 CITY COUNCIL MINUTES MAY 20,2003 Council took no action on this item. 12. READING AND PUBLIC HEARING - Resolution R-03-2156 - Approval of an Agreement between the City of Colleyville and Explorer Pipeline for the construction of Cottonbelt Trail, Phase 1 Mayor Arp opened the public hearing and read Resolution R-03-2156 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Skinner moved to approve Resolution R-03-2156. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the timeline of the project. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-03-2157 - Approval to oppose H.B. 3223, which caps the annual increase in appraisal of all real property at five percent Mayor Arp opened the public hearing and read Resolution R-03-2157 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke regarding House Bill 3223. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2157. The motion died for lack of a second. Discussion ensued regarding the impact of H.B. 3223 on the operating budget. Mayor Pro Tem Tigue moved to approve Resolution R-03-2157. The motion died for lack of a second. 8 CITY COUNCIL MINUTES MAY 20, 2003 Councilman Dolan moved to deny Resolution R-03-2157. Councilman Skinner seconded the motion. Discussion ensued regarding H.B. 3223, school district and city tax rates and appraised valuations. Ayes: Councilpersons Skinner, Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue Mayor Arp declared the motion carried. REPORTS: 14. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - February 17, 2003 PARKS AND RECREATION ADVISORY BOARD MINUTES - March 3, 2003 ZONING BOARD OF ADJUSTMENT MINUTES - April 8, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - April 8, 2003 STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore, 1416 Glade Road, spoke regarding the budget related to street maintenance and a tax increase. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 20, 2003 - Reading and Public Hearing - Resolution R-03-2158 This Resolution was not needed. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. 9 CITY COUNCIL cc@m", AGENDA BRIEFING IL'X~~ MEETING DATE: ITEM#: i RESOLUTION #: 1 06/03/03 4 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Reception for Mayor Immediately following the Oath of Office, there will be a reception in the Council Chambers honoring the Mayor. CITY COUNCIL CilY Of CC~9ll'" AGENDA BRIEFING -'t'X~:; MEETING DATE: ITEM#: RESOLUTION #: 06/03/03 5 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PLAQUE - Presentation to Donna Arp in appreciation of service as Councilmember, Place 2 and Mayor PROCLAMATION - In recognition of the Colleyville Heritage High School Advanced Placement Program, which is ranked in the top one percent in the country - Dr. Kevin Singer, Grapevine-Colleyville Independent School District Superintendent and Dr. Marlin Stanberry, Colleyville Heritage High School Principal PROCLAMATION - In recognition of the Grapevine High School Advanced Placement Program, which is ranked in the top one percent in the country - Dr. Kevin Singer, Grapevine-Colleyville Independent School District Superintendent and Mr. Dana Drew, Grapevine High School Principal Citv "I' Texas Presented To DONNA ARP '~c In Appreciation for Outstanding Leadership and Service as Councilman - Place 2 1997 - 1999 \. <: -._.;...;:~::7i~,:<::_~)j Mayor 1999 - 2003 ...,.. " .Ji.:... ~: p' 1'?. ~.' ~ ;.;. roclamation :l'~ j'-.:' ~j [. ~; CITY OF ; ~. 3 ~,- Colleyville, Texas WHEREAS: this month, more than a million students in 14,000 high schools took 1,750,000 Advanced Placement (AP) exams, a 10 percent increase over last year and twice the number of these college-level tests taken in 1996; and WHEREAS, that means that 245 more schools are eligible for the 2003 Challenge Index, which ranks 739 public schools according to the ratio of AP or International Baccalaureate (18) tests taken by all students, divided by the number of graduating seniors; and WHEREAS, the Challenge Index uses AP or 18 as a measure because schools that push these tests are most likely to stretch young minds-which should be the fundamental purpose of education; and WHEREAS, Colleyville Heritage High School has one of the strongest AP programs in the country and was ranked 112 overall, which is in the top one percent (.06) in the country, and ranked 6th among Texas schools. NOW, THEREFORE, I ,MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and residents of our City, do hereby recognize and congratulate COLLEYVILLE HERITAGE HIGH SCHOOL for this most deserved honor and their commitment to providing the highest standards of public education to our children. IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville affixed this 3rd day of June 2003. Muyor. City of Colley\'ille ~~. roclamation CITY OF Colleyville, Texas WHEREAS: this month, more than a million students in 14,000 high schools took 1,750,000 Advanced Placement (AP) exams, a 10 percent increase over last year and twice the number of these college-level tests taken in 1996; and WHEREAS, that means that 245 more schools are eligible for the 2003 Challenge Index, which ranks 739 public schools according to the ratio of AP or International Baccalaureate (IB) tests taken by all students, divided by the number of graduating seniors; and WHEREAS, the Challenge Index uses AP or IB as a measure because schools that push these tests are most likely to stretch young minds-which should be the fundamental purpose of education; and WHEREAS, Grapevine High School has one of the strongest AP programs in the country and was ranked 156 overall, which is in the top one percent (.08) in the country, and ranked 8111 among Texas schools. NOW, THEREFORE, I ,MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and residents of our City, do hereby recognize and congratulate c GRAPEVINE HIGH SCHOOL for this most deserved honor and their commitment to providing the highest standards of public education to our children. IN WITNESS WHEREOF, I do hereby set my hand, and seal ofthe City of Colleyville affixed this 3rd day of June 2003. Mayor. City of Colleyville RESOLUTION R-03-2160 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 3, 2003 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of May 20, 2003, are hereby approved. b. THAT the minutes of the Special City Council meeting of May 22-23, 2003, are hereby approved. c. THAT the abandonment of a public right-of-way on Tract 1, Nystel Addition, located at 1809 John McCain Road, Case G-03-013, is hereby approved. d. THAT the Bogart Dairy local historical marker application, is hereby approved. AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION MAY 22,2003 and MAY 23, 2003 The Colleyville City Council Worksession was called to order by Councilman Jon Ayers on May 22, 2003, at 8:05 a.m. and adjourned at 5:05 p.m. The meeting reconvened at 8:20 a.m. on May 23,2003. ROLL CALL: Councilpersons Jon Ayers, Elaine Dolan, Mark Skinner and Rich Hendler were present. Mayor Pro Tem Tigue, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Administrative Assistant Cindy Martin, Human Resources Manager Kelly Cooper, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Street Superintendent Jerry Jones, Utilities Superintendent Ken Tywater, Fire Chief Mike Johnston, Chief John Young, Parks and Recreation Manager Monica Walsh, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Community Development Director Barry LeBaron, Finance Director Terry Leake, Financial Analyst Collin Boothe, Communications Manager Dixie Cawthorne, Records Manager Matt Denton, Executive Secretary Judy Johnston, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Mr. Jim Sabonis of First Southwest Company also attended. 2. Orientation of New Members City Manager Bill Lindley presented an overview of the Council-Manager form of government and the City Manager's office. City Attorney Ross Foster provided an overview of the Open Meetings Act and the process for filing a Conflict of Interest statement. Department Heads presented information related to their department's areas of responsibilities, budget and projects. CITY COUNCIL WORKSESSION MAY 22-23, 2003 Mr. Jim Sabonis of First Southwest Company provided an overview of the Tax Increment Financing District. 3. Tour of Facilities Council members toured City facilities and parks. 4. Adjournment There being no further business before the City Council, the meeting was adjourned May 23, 2003, at 3:28 p.m. APPROVED THIS AYES, NAYS AND DAY OF 2003, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 2 CITY COUNCIL cilyor CCe'" AGENDA BRIEFING ll'x;:'\$ MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 6c R-03-2160 CITY MANAGER [ DEPARTMENT HEAD ; ~ FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the abandonment of a public right-of- way on Tract 1, Nystel Addition, located at 1809 John McCain Road, Case G-03-013 - by Consent Reading and Public Hearing Arnold and Jayce Ann Nelson are the owners of Professional Sales RV, located at 1809 John McCain Road. The property was platted in 1981 as the Nystel Addition. As part of the plat, 25 feet of right-of-way was dedicated on the west side of the property for a future extension of L.D. Lockett Road. This roadway was never constructed, and right-of-way was not dedicated on any adjacent properties for this roadway. The owner is requesting that the City abandon the right-of-way. Based on comments in the Planning and Zoning Commission minutes from August 17, 1981, when the plat was approved, it appears that the thoroughfare plan in effect at that time proposed an extension of L.D. Lockett Road to John McCain Road, possibly adjacent to the railroad. Records show that a thoroughfare plan was adopted by the City Council in 1979 but a map is not available. At the time the plat for the Nystel Addition was submitted, the owner would have been required to dedicate right-of-way for adjacent roadways based on the adopted plan. Since that time, however, no other properties have dedicated right-of- way for L.D. Lockett Road in this area, including the abutting property to the west. The right-of-way is unimproved and there are no utilities located in the right-of-way. The right-of-way is currently being used as part of the sales facility. The abandonment of this right-of-way will not affect the City's ability to deliver services to this property or adjacent properties. The City has received consent from all other utility companies to abandon this right-of-way. Chapter 253 of the Texas Local Government Code authorizes cities to sell or convey land that is part of an abandoned street or right-of-way. A city may offer the right-of-way for sale to the public through a bidding process, or quitclaim the property to an adjacent property owner. In addition, right-of-way may be abandoned by approval of a replat of the property. The right-of-way for this property was originally dedicated by plat and was not purchased. There have been other situations in Colleyville where unimproved right-of-way has been abandoned. The Creme de la Creme property, located at 6805 Colleyville Boulevard, had a 50-foot wide unimproved right-of-way that was abandoned by a replat of the property. A small portion of a 50-foot wide right-of-way for Greenbriar Lane was abandoned in favor of the adjacent property owners in 1998 as a condition of approval of the zoning for the Woods of Colleyville subdivision. A portion of Caldwell-Hughes Road was abandoned in 1993, and is now part of Sapphire Enclave and Jewell Estates. In these three cases, the right-of-way was abandoned without compensation from the adjacent property owners. Recommendation Approval Attachments · Location map · Application and Exhibits Location Map APPLICATION FOR THE VACATION/ABANDONMENT OF A PUBLIC DRAINAGE & UTILITY EASEMENT IN LOT -L BLOCK 1 ... OF Nystel AMiticn . AN ADDITION TO THE CITY OF COlIeYvILLE. TARRANT COUNTY. TEXAS Date: July 31, 2002 TO THE erN OF COLLEYVlLLE: The uncIersignecI hereby makes application far the vacation and abandonrnent of that porticn fA the public drainage and utility easement sib aated in the above named addition. and partiaJI81y desCribed in Exhibit -A- and -S-. attached. In support of this application. the undersigned represent. warrant and submit the following: 1. Attached as Exhibit -1: is a survey plat showing the property rights to be abandoned and any easements or public facilities contained in the area fer which abandOnm8nt is requested. 2. Attached as Exhibit -S- is a metes and bound desaiption of that portion of the public drainage and utility easement proposed for abandonment 3. Attached as Exhibit -C. is the consent. of public utilities to such vacation. The following questions should be answered completely: 1. Why does the property owner wish to vacate this easement? This property has never baeD used as a right of way for the 21 years that I have o.rmed it. '!he city has no plans to build a road there. 2. How is this easement currently being used? RV & Boat storage ~ot. 3.' How does the "property"GNI1'\er propose:to..use ~ area,~f this easement. if vacated? " RV& Boat storage Property Owner: Name - Arnold E. & Jayce Ann Nelson Address _ 5800 H\mter Trail COlleyville,TX 76034 Phone # - 817-514-7519 (/JJlt ~ (Signature and Date) . . . THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME. the undersigned auIhority. on this day personally appeared Arnold I Joyce Nelson known to me to be the person(s) whose name(s) subscribed to the foregoing instrUI118nt. and acknOWIedg8d to me that helshellhey executed the same far the purposes and consideration therein expressed. ACKNOWLEDGMENT GIVEN under my hand and seal of office on this the July . A.D. 19 2002. 31 day of ~~ Notary Public in and for State of Tf>>C&S _..~ I~~'~'" Dawn K. Cass (.f~..l'*Y PllIlic, Slate of Texas ~' My ComIlIiaion EIcpirII ~5/ FEBRUARY 22. 2005 &da-Cf) Commission Expire$ Jul-ll-02 02:41P dorothy 1 posey 817-577-7564 P.Ol , , . ~; /tfI!:N1 ~ N a..5o::N gn,.Bl6ZJ ( T' II.t"">; ((v,.. r ~ ,~,~ "I", t.: ) \;,/'" ~~~ 1\. \Y. - \ 3000 .,lie ~, J'. '7~1 5 afA~Jj\ I JO~N M~CAIN. -t STREET WIDENING ~16.66 -..2 -' . i o 4( o a: Q tal t- ~ CJ - Q w o r~ ~ IlAJII.OWG '$c.aJ..: ,... ,cd TRACT ~ La c:. \'( ~ ... \\ .,~ ~ ~ 9 ~ ~ ~~ , '1&1 ~~ -8 ,60 ~ fI') I i I- J -~ t-lli~ III 9 d u.I III '" . a i . tI' ~~/yt~ 3ii ~ ~ ' r..J.4~ % 2 I ~.J.QLlt'~{/;f Ii c.. ~~ ::'j:j lljj ~ f '." ' C'. ; - . I, .. I . - . gA?pJJ. Soa/& M&..Jut. ~ v\~ ,--,0 ~~.. ~: .. ,_ ..... WI..., .......... I 7 . ''lal .. A"........ .....,-........... ~........... ~.t. ....... -" 1&., *'_...... ~1__ ...........~. ..... .1." . ~ ~... .. .... ....~, <i __ ..... An ~\. +--_ ~,,-.4c_. ....." ~ \-.-.... -- q,...... .... "'t ..... "....~~ .11...... ~-S )IAP'Wr.c..:-.. " a.~""-a She,...... M. Nyste' ffll~jJ:l~i:.-- .' : I '''''-'.' >4?J . . -- BY av. 4<.b~ /};~ -- --/ -- .; PROFESSIONAL :)ALES KV "Home of the Affordable Motorhome" P.o. Box 1018. Colleyville, TX 76034. Phone (800) 899~2800 · Fax # (817) 488-1523 July 31, 2002 To: City Of Colleyville Brenda Worster ofOncor (Formerly) TU Electric! Lone Star Gas states that the plat of my property only shows a dedication for street widening. Since there is no utility easement showing there is nothing for her to sign off on. '..;.. 65/14/2063 15:19 5 Fram-COMCAST thy..14"2G03 01: 4 pm . _ . . - ....... -...... ....-5' 917ciS81523 85/13/2883 ego 8174881523 PROFESSIONAL SALES +2143207559 ~~IONAL. 5AL.ES PAGE 62 T-352 P.002 F-3B8 PAG:. ~oa ~ .....No. a Tloo -.... _ ~ ..._ ..... or _.. _ _ 'lie...... ....~................ -~... ..~..... ~ "~.,...., -... ..~--~ -.. - !II - ~ ... , "'1lIII\< ......~-c ~ __ .. "'" IiIr ---- "'1IIh_~ ~ -..., "~--"""""'!GIlJ1 "" 1!Ioo1olol_ . ..L.._ flf .... -<V~ _ -... .. .. ClIo '" c....:...., __ r_.. ar.t1l8nlt: ".4. O. J ffIdlrr- R~ TXU~.. Gase....y By. ...... AfftIJ 11)1: ....'nb..nh.~~ r.....-. "iii) 11CI8: CPIiIii Prt11J .......:--. ,. ~;;r- ~-. -.-..-- - Veriaan T~ane c."." ~ (PIiiiiii PMO Tiler L (JIftaSe PIinI) .......; AT.T CIIbI8 rJf ~.. 1M. . ......._ ~l.a$ 05/14/2003 15:19 8174881523 PROFESSIONAL SALES 05/14/03 11:46 NETWORK ENGlNEERIN~ IRUING 7 8174BB1523 l:S.l.r<4l:StJl.~c.J 85/13/2BB3 16:B5 9174891523 PROFESSIONAL SAL~S PAGE 63 NO.914 Pla02/003 PAGE B 2 ~ n. ~ ...., No.1 '-'. .... friNtIlte ~ ':l:' ----. ~ . ....., 11_..... ~ ~ .... *~ C__ CIo...... ....,................ ~..... ..10.... !.1M DI ~ 'ar ..., ............ .. .... .~~ _~.. ., GIN ~-.-.J L. at. .... ~... .-. · ..-.,.... ~-W In --~ .... Of tie --~_. - ........ /J~r------ --..- --I.""llllll''''l_~-~ ~ · h ~ of Cofta...4re. t..... ~. ShIl,.. l. p. L.cMe'r ..CD....h._~. . TXU Erecrrlc... ~ e,: (till.. PiVijj .......,"... T..... Carnplnr By. ....... PrtnI) TIIr. cPIuM Prnf l TIll: ~ Nni) ~ ---.-...-.. ~ T~~~ &,:...... ~ PWnI) 1'1It: cPItI_ Print) --- AT&T ~ of Call""".. 1M. B~: (PI.... ~t) ClrrA~ By. (1118.. """"J Title: TIh: tp.... PrInt,) {P"..e~"T- Slgnaul: --- SIInllUl'l; 0V0A'" 1111-'" 1" = 60' LEGEND . FOUND STEEL ROD o SET CAPPED STEEL ROD + CROSS CUT IN CONCRETE -9- FOUND STEEL PIPE o FOUND 80lS O'ARC STAKE -\\- UTILITY LINE -x- CENTERLINE FENCE Q 2002 D<Ni<l C. Nook Surveyors. Inc. ':0(:"'" :,' Hils plat not contQlnrr't9 an ,mV~lor S~! ;,"10 0'lg."lo1 "eel .M" sigf"lot'Jre should be assumed to contain ..Muth{;riZe<J ;ner:1fJc,r.s tll...-efore '(Ol'dlrlg tI'Ie ,to1.ec C'erfifi':CJr,.,,, JOHN McCAIN ROAD N 89"52'00.[ 25.00' '-' '-' '-' ~ a.: ~ ...., ...., 1:5 Dj < i ::~ <::IE I :::S;: >~ 1.: :>;.> II) >~ Wi It) >311:: lI) ::::f: ~ ~'~8 10 :'0'. ...:l: ~ - . ........ . · ::;e: 8 8.,~. G '.:~: en N '.g;. g :ii: z ::0: :~ ::~ .~ :($: l :z: e I::: is Q .., e5 c5 ~ '-' '" ~ ex:: '" 0- e ...J Scale + o 60 I ~tet 120 180 I I 1" = 60' Field Note Descr~ ALL of that rertain lot, trad or parcel of land situated i~ the ABSALOM J. LOTI SURVEY. ABSTRACT ~O. 963. Tarrant Count.'", Texas and being a por~ion of the public right-of-way dedicated in Volume 388-144. Page 80, Plat Records. Tarranit Count,v. Texas and being more particularly dl"scribed by metes and bounds as follows: '-' o ....: ~ 0.: ci co ~ ~ .... .... I ~ ..., ~ ::> ~ l ~ I::: is ~ COMME~C[NG at a 1/2 inch steel rod found for the south~ast corner of Tract 1, Block 1, \vstel Addition, an Addition to the City of Colleyville, T~rrant County, Texas according to the plat recorded in Volume 388-1 H, Page 80, said Pla~ Records. said rod being in the northerly right-of-way line of Dart Railroad I a 100 foot r~tlroad right-of-way); THENCE South 65 degrees 30 minutes 00 seconds West with the southerly boundary line of said Tract 1 (tbe basis of bearings of tbe herl'in de~cribed tract) and with said northerly right-of-way line, and 50.00 feel northwest~rlj' from and parallel to the centerline of the existing railroad tracks a distance ofl 484.98 feet to the southwest cornl'r of said Tract 1 and the southea~t corner of said ~ublic right-of-way dedication, same being the PLACE OF BEG[~NING OF THE HEREIN DEScllmED TRACT; THENCE South 65 degrees 30 minutes 00 seconds West contillulDg with said northerly right- of-way line and continuing 50.00 feet northwl'sterly from and parallel to said centerline a distance of 27.57 feet to the southwest corner of said public right-of-way dedication; c:l ~ "" THENCE North 00 degrees 26 minutes 00 seconds East with the westerly boundary line of said public right-of-way dedication a distance of 529.65 feet to the southerly right-of- way line of John McCain Road; ...: THENCE North 89 degrees 52 minutes 00 seconds East with said southerly right-of-way line a distance of 2500 feet to the northwest corner of said Tract l; g ~ THENCE South 00 degrees 26 minutes 00 seconds West with the westerly boundary line of said Tract 1 a distance of 5l8.28 feet to the PLACE OF BEGNNI~G and containing 0.3007 acre of land, more or less. ...: .... <..> ~ :::.:...::z::::::::- ~ AN EXHIBIT SHOWING A PORTION OF R1GfIT-OF-'fAY TO BE ABANDONED '% BEING "0.3007 ACRE OF LAND f - OUT OF THE - ABSALOM J. LO'1'l' SURVEY, ABSTRACT NO. 983\ ~ .t ... .. Tarrant Count,., Tesu .... I .. 1 This is to certify that lhilI plat is an accurate representation of an actual survey made on the cround under my supervision of the above described tract and the boundBI'J liDes, comers and dimensions shown are H indicated; o 4565 c. MOAK Ino. DAVID Surve J SSJONAL ., YORS P.O. BOX 10~, ST, TEXAS 76053 METRO 817-268-2211 ,'PAX 617-282-0401 1nMI'. moakimrveyors. com IBR Date JULY 16. 2002 Job' 02-172 CITY COUNCIL cilyor CCe1'" AGENDA BRIEFING "'l'X::\~ MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 6d R-03-2160 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: NA DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of the Bogart Dairy local historical marker application - by Consent Reading and Public Hearing In September 2000, the City Council approved the City of Colleyville Local Historical Marker Program. Historical Preservation Committee members continue to work on various historical marker applications to designate people and/or areas, including buildings and locations, of historical significance to the City of Colleyville. Historical Preservation Committee member Ed Havran presented an application to the Historical Preservation Committee for consideration. On May 13, 2003, the Historical Preservation Committee unanimously approved this application for recommendation to the City Council. (See attached). Mr. Havran is currently working with Market Street to determine the location of the planned marker. Financial Impact Funds for the Local Historical Markers in the amount of $5,000 were approved for this program. Upon approval, staff will prepare camera-ready artwork and order approved marker. Recommendation Approval Attachments . Local Historical Marker Criteria . Bogart Dairy Local Historical Marker Application To: Potential Applicants From: Colleyville Historical Preservation Committee The Colleyville Historical Preservation Committee is eager to receive applications from owners of property that may be eligible for a Colleyville Historical Marker. Our goal is to place markers at all eligible sites. The application form requests information about the historic resource or site to be marked. We realize that all these details may not be available. We encourage you to complete the application as completely as possible. Sources of information are listed in the instructions. If you need any assistance, we have committee members who would be happy to help you. To request assistance, please contact the Assistant City Manager at 817-577-7575 or by visiting the city's website (www.colleyville.com). The Colleyville Historical Marker Program Recognition by a Colleyville Historical marker is a City of Colleyville historical marker program to recognize subjects and resources important to the history of Colleyville. The Colleyville Historical Marker is not a substitute in Colleyville for either a Texas Historical Marker or for being listed on the National Register of Historic Places. The Texas marker program and the Federal marker program each have their own requirements, but operate in parallel with similar criteria. A local marker program is a third parallel with similar criteria to ensure the worthiness of the subject, but which enables acknowledgement of subjects or resources not of state or national significance, but important to the local community. The marker application will be reviewed by the Colleyville Historical Preservation Committee for completeness, compliance with the criteria, significance and worthiness of recognition. If recommended by that committee, the application will be submitted to the City Council for approval. There are a variety of types of historical markers recognized by the Colleyville Historical Preservation committee. The Colleyville Historical Marker for a subject recognizes a variety of topics, including events, persons, organizations, and locations of early sites. The Colleyville Historic Landmark marker recognizes a building which has its architectural integrity intact, an object of historical importance, or geographical site. The identifying inscription on the marker for a subject will read COLLEYVILLE HISTORICAL MARKER SITE. The identifying inscription on the landmark marker will read COLLEYVILLE HISTORIC LANDMARK. Destruction or changes to a Colleyville Historic Landmark shall not be made without prior notification to the Colleyville City Council and public notice, followed by a minimum 30 day delay of action by the owner. Two basic criteria govern the approval of any subject or resource for a Colleyville historical marker: (1) age and (2) historical significance. A third, architectural integrity, applies for Landmark designations of a building. Age: · All topics must be at least 50 years of age. · A historic person must have been deceased for at least 20 years. · A person's name may not be used on a marker unless that person has been deceased for at least 20 years. Historical Significance: . Historical significance is determined by a combination of age and the importance of the subject in the history of the community. . A building must retain its architectural integrity. Guidelines for Completing the Application To determine significance to the community a research paper must be submitted to prove that the proposed topic is worthy of marking. It must be complete, orderly, concise and documented with footnotes and bibliography. Good research is essential to a comprehensive narrative. Find out all you can about the subject, using primary documents when they exist. When writing the narrative, start at the beginning and tell the story of your topic in chronological order. Submit copies of primary documents when possible. Submit the narrative history on 8 1/2 by 11 white paper, double-spaced, using one side of the paper. Do not bind. Submit a map marked with the proposed location for installation of the marker. Also mark the site of the subject if appropriate. Submit a photograph of the location proposed for the marker. Examples of Subjects 1. Historical event uncommon to everyday activities. 2. Cultural facet which influenced the community. 3. Person or persons who significantly contributed to the heritage of the community. The person must be judged eligible on his/her own merits, not on association with another person. 4. Site of an early community now within Colleyville. 5. Site of an early business, which was important to the life and culture of the community, such as a dairy, plant nursery, or ranch. 6. Site of early schools, such as a pioneer school or common school. 7. Site of early churches. 8. A subject which played a roll in the community, and made a difference in the community. Determining Significance As an aid to determine a subject's significance to Colleyville, answer the following questions: 1. Was the role of the subject in local history significant beyond that of others? 2. How was an event different from the routine and daily events of the community? 3. Why was a person important beyond the importance of other people in the community? (a person may not be marked simply by being a pioneer of the community, but must have some special significance beyond that of other pioneers) 4. Did the subject affect the cultural characteristics of the community? Was it in an outstanding example of a definitive culture within the community? For a Historic Landmark the following questions must be considered and additional information provided if a building: 1. Is it an important example, worthy of preservation? 2. Is the architectural integrity intact? 3. Name of the original owner. Progression of owners. 4. Legal description of location, copies of deeds. 5. Architect or builder. 6. Did it serve a special purpose? What influenced the design? 7. Describe materials and construction techniques used. 8. Submit a historic photograph if available, and a current black and white photograph from the same view. 9. Submit black and white photographs of all sides, taken from the corners to include two sides. 10. Submit a drawing of the floor plan. This does not have to be a professionally drawn plan. For submission of an application for a Texas Historical Marker contact the Tarrant County Historical Commission as all Texas markers must first have approval of that Commission. For submission of an application for placement on the National Register of Historic Places, the application is made to the National Register officer at the Texas Historical Commission office. For submission of an application for a Colleyville Historical Marker contact the Colleyville Assistant Manager. Dianne McWethy Colleyville Assistant City Manager P.O. Box 185 Colleyville, TX 76034 Phone: 817-577-7575 Tarrant County Historical Commission County Administration Building 100 East Wetherford Fort Worth, TX 76196 Phone: 817-884-3272 National Register Department Texas Historical Commission P.O. Box 12276 Austin, TX 78711 Phone: 512-463-6100 Glossary of Terms Historic Resource--a district, site, building, structure or object significant in history, architecture, archaeology, or culture. Structure--a work made up of interdependent and interrelated parts in a definite pattern or organization. Constructed by man, it is often an engineering project large in scale. Building--a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to a historically related complex, such as a group of related barns or work places. Object--a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Sitenthe location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished where the location itself maintains a historical or archaeological value regardless of the value of any existing structures. Geographical sitena mountain, hill, lake, or other natural site significant to the area. A natural site that has been affected by man such as tracks of an old wagon road. Architectural integrity--the building or structure has retained its original historic building materials and appearance. Criteria--requirements to be met for designation. Historic--something which is itself a part of history. Historicalnsomething which studies or relates to history. (a historical committee studies history, it not itself historic. A house or site is historic. The marker that recognizes it is historical, as it is not itself historic.) ~ A. Mr Ed Havran 303 Oak Crest Hill DR Colleyville TX 76034-3224 DAIRY HERITAGE COLLECTION Walsh Library Tarrant County Junior College Northwest Campus 4801 Marine Creek Parkway / Fort Worth, Texas 76179 (817) 232-7725 21 April 2003 TO; Colleyville Historical preservation Cbmmittee FROM: Ed Havran SUBJ: Bogart Dairy Site Attached find documentation of the site history and the progression until the estate was closed. Additional information documents the fact that Tarrant County was the # 1 Dairy County in Texas into the fifties. In 1935 an article in the Ft.Worth Press named the Pleasant Run/Bransford Area the # 1 dairy farm area in Tarrant County. There is further documentation that E.R.~Hico" Eudaly, Colleyville's first official mayor/was the Texas A&M extension dairy specialist for many years. It was thru his leadership that dairying blossomed in this area during the depression years of the '30's and became a mature industry in the late 40's and thru the ISO'S. It was after his retirement from that position that he continued his leadership efforts and was instrumental in the incorporation of the City of Colleyville in the mid-fifties. cC~ Ed Ha vr ~~./---"'---- ~.P-.--S-~- Proof that there was an effort made to find ~~ oil on the Bogart property; Is also in this packet. COLLEYVILLE HISTORICAL MARKER APPLICATION FORM 1. .h D:?11 2. Marker Location Street Address: Legal (Abstract Name and Num cll?~r"'- 3. Designate type of marker requested: rl 1. Colleyville Historical Marker (for a subject): V 2. Colleyville Historic Landmark (for a building, object, or geographical landmark), for which protection is encouraged: 4. Permission for placement of a marker must be given by the owner of the property on which the marker will be placed. Provide the name of a contact person if the owner is an institution, organization, business, or public entity. 5. Owner's name: Contact person (if applica Mailing address: Phone: ' Owner's signature: ~f S1- s2- ....--a i/e tJ ~. tJ ~f,(j ~ ,() I-l P I /Vet- 6. 8bh-'1Cf/~ !pJlr N\. Q 1/ N6- added items to Bogart Notes; Mrs. W.H. Bogart (Effie Rutledge) graduated from Grapevine High School in 1916. ref: s::tr::olamwlattiEGVITl193.m Corinne Bogart now Ms. Geo. Bogart Jackson still lives in Colleyville - a short distance from the "ole home place". The Bogarts later gave an additional 2.7 acres of land for the Pleasant Run School. The current Colleyville Center is located on part of the Bogart land. W.H. Bogart ended up having four dairy farms...~~ID is th2 "old h:ne placE in Cblleyville" 0t:.tErs tie si~ of Ft.W:rt.h O1ristian S:n:ol, arotet tie si ~ of Rid1l..an:1 High S:n:ol arc v.est of Wltt.g:l m tie 8nithville Rl. si~ #4. lilrrl was alsJ cb1atErl far tie M:!t:h:xlist 01urt:h in Cblleyville an:] a suw::rt:i.rg CIltU1t to a ch..1rd1 in Ri versice cl~ to tie Cbld:n G3.~ D3.iry si~ m East EElknap. Some might say that Bill Bogart was one of the early advocates of pure and wholesome milk for the citizens of the area. In 1932 at one of first federal milk order hearings held locally He and a Mr. Borah ( OOillym t:.tE site of wmt is n::M IFW Intn'l Ai.q:ort) test i f i ed tha t qua 1 i ty mi 1 k was the most important item when it came to being good dairymen. Items from the Bogart Dairy Farm are on exhibit at the Grapevine Historical Museum in the Cottonbelt Depot. attached see.. Grapevine Historical Society April 2001 newsletter. ~AN~TOF'c6UNTY TEXAS tf:GE:ND /9~ 0 tn IIf I No/cAr/No . RAI,ROAD~# SURVEY':', SCJ.lOOLS, RIVC"RS, Ere. L.E, C"ROM PUBJ..u;, ReCOHOS & SPECIAL St.lRVEY.s. C..,~YHICHTED /92C13Y C'H'R06~R:S '"OR T WORrH - Tt:'XA:J. PhONE LAI'fAR ~746 --- i,cale Z,.,; {e3 t.. Ilnch ):,.:,. '1& ""3.. 1- .,..J I ~/.' . .......... Cardinal Roo ~h - - - PO.3f Roi:ufS--- --- - -=--= Lof("ral Rooc/$-- - - - ~==-==:: Rol/roacls- - - - - - - -, I · I Inl'er"rbon line~-- - -- ~chool<8.---_ Chu,,;he~ --1 J. \ V le S - ~e.~ " K s, de_ ..,. DeN T .0 Nt' DENTON --.--7/ ------ l' ',-- -:--1 :.. ';.-'"1 I r I I 'I "& 0... ~ b f C)..... ~ o ~ (;) oC o tJ- (/) ;z 4:- ex: cO t N \'1'\0.:\ \ ~ 0 ~e s on /l \H~o~ W"'Q~\ M~+hoQi51 thLA\'"t'h S~\"\-\f \E L~ G.lA bE RD. CA~OlNAL RD. GLA.'DE '-n. AUto" S'toor. SUbP~MtQ D~. Coue't Mo_e. ~ Or. ~ C.ont'l d " CHHte. ~ ot ~ &? I C-o~th I d: tI) \-\om~ -;z 2 - 4 o 0( ~ cO CJ ~<v. <0" <y ~-<- ~,\.."\,; ~~~ ~ ~O~ ,<0 o -' <:) ~O\iN rw'\c C:^'N RD. . ~ o J CJ Q 0- p ~ o oC c ~ If) z ~ ~ c:a \'\\'\-\'\~ Col \e.'f~ ~ \ \e I-\ALl- JOH~SON ~D. c.l~t:t. 'K\). {j 111 ~ ~ 'S1S-\Qs:' ~ ~ ~\ ~ 0.. 'S 0...'1\-\ c; \0...4 e. ~ \,,\. (A~ 1 t c I~S5- ",,\5' S~,.,...'\ Go.de." \'\ ~O- \q ~ Col\e1";\\e C.\.\\:.~~ S.?~~~E.~ ~\). ? ~, Re.~ Ro<:.~ o.,,~ ~\~'" "~c.. W'Te. t"o..: ho..~ s"~"",,,\S. 1",;,,"it~ll~ i,"~,\..',:r~ . . . . . t C C . C C C << Eve n t n 0: l g h few fa c t s sur v i v e pertaining to the community of Pleasant Run, it~ name is kept alive by Pleasant Run Road and the Pleasant Run Baptist Church. They are among the few remaining visible links to Colley.ville's pioneer days in this community. ' Cotton was a main crop grown by the early settlers and Sam street's 1895 of Tarrant County shows. a gin near the ?leasant Run School. L:hurches anJ :;Cnuu 1 ~ ;i ns E0uses uccupi.t..J l:Jj' ,..,,':t's LJuue'" \ cC(;~.i."Ll by "',"l'-'_'['lJ .10- .::~u n ;).u 8 fj ~ rne a~ea cove~ed by ColleyvilLe today as it appea~ed en Sam St~eet's 1895 map of Ta~~ant County as peppinted by Evelyn Cushman, authop of Cemete~ies of No~th East Tap~ant county. Cor.lPILED BY Lila SOUReD MATERIAL: Coley Pleasant Run School Historic Marker Application by Mike Patterson Pleasant Run Baptist Church State Historic Marker Application by Gene Cahill Tarrant County Commissioner's Court Records Minutes of Pleasant Run Baptist Church Post Office documents from the National Archives, Washington, D.C. Sam Street's map of Tarrant County A Histo~ of the United states by T. Har~ Williams, Richard N. Current, and Frank Freidel 1959 COLLEYVILLE (1914-1930) I I ~, D !be State ot !exaa, fo A.l.Colwell, Asse. o~ J08.M.Loone7. Patent No.:!, VOl.32.dat.d Ncw.!5,1880, rUed reb.1S.1S'78,. and recorded in Book .J ,page 221, Deed~C01'"d8, T arr""..1'l't CouIl'T ..ren._ Descript10n and Remark. 160 acres ot land 1n T~.rr!U\t Co. by v1rrtu. O't an Ac. to auttDl'lze th. location,sale & settlement of the Ml.~1UD1 & Pao~t1o at7 Reserve passed Aug.26,lQS6. And b7 -.aid LooneY' transferred to ..14 Colwell Feb.2,lS60. 319;,1nnlng at N.E.cor.of Geo.1'e~teN 320 acre SU1'". Thence :.oJest 142i Yrs. to the b":"g1nn1!li 001'", Thenoe NorlA 950-4/10 yr..to stake, Thence ~..t 9&0-4110 Vl'"s.to stake: 'rhenoe South 9eo-w:O n-s. to ~tak.; !henoe east 142-1 2 Yarns to N.V.oar.ot Oeo.~eet.1'". And witb &&me 80 Y1'"s.to beg1nn'ng. cz-, ~ On !.lnal17 tl1ed June 10,1861, and recorded 1ft Book A,page 238, Deed record.,Tarrant County,Texas; IV Gz-aatOPI A.J. Cald14U . vl:t.. ."417 B. Cald.well (81gJl8d) A.J. Caldvell HanOJ' H. X her IIU'k Cal4t;,ell G~ant... J.::i. ?attePaon~ G8 nepll1 ;i/U"p8Dt;r Ileed. JIazoeb 20 .l9llO .1'1184 Apl'11 5.1890 .1'8 OOl'cl.84 111 IlooJc M,page 347.;)eed UeOOrda. 1'~'t CowitT.'1'exa., Con81derat1on: $2000.00 Paid. Ael<n."Je dgM 1>7 4. J. Calc1veU lOAd 1I1re. llano)' If. Cu dwell. Jo111tq 111 ata tutQ7 1'..... ..D ..... 20.1880 .1>et_ J .E. i1II&na:r ..1. p... ;:z: otUo.!o. Notar,r Publlo. Tapraot Ooua."fexa.; ("al) De so,p1p' 1 on _d itemarka LaDd 1ft l' C'P.....nt C.. ...tented to .. J. Caldwell ....1p.. 01' J....li" LooIIe;r .110... 11.1860. Beg lUing ....- Ca. -_11le4 011 Pase Ael'8Gt ) (and oth~r land) D Grador: J. R. Pa"eNOft, Grantee l AeJ. Cald~.ll Tbroes Jotes, each dated Karch 20,laao,t11ed l!a;( 15,1880,recorded Book. ~,page 470,De.4 Recorda,T.u-rant Coun1i7.Texas; Consld~rat.:.onl (aee below) Ac:kl1OilJl.d~d by J.R.Patterson,1Jl atatutol'l tON,OD ~ch 20,lSao,betoN J.E.Murray,J..P.aad Ex otrlclo H.J-.-(a.al) CapUan k oert.reada' state or T~xa8.CO.Or Tarran'_ Deaorlp t1 oD and Remarks All 3 notes are I.1Q&Dle to A..J. Caldwel.l and reel te that the,. 1.lIel'e i1 'l8D 1n par' payment for land ~'U. da7 deeded to me b7 A.J.Cald~.ell ,tor ,ne oaf..nt or wlllcil I nereb,J' glve . Tendors lien on aald praml_s. 'On. of aa1d :ote8 i8 tor .500.00 and 18 d'l.l8 Jan,y.l,1881; One ot laid no tea ia 'tor ;9750.00 and 1s due Dee.l,l.S8l. One o't aald notes 18 for $750.00 and 1a dU8 Deo.J..l.Sa2. n Gn.tul ".".Colwell & dre, I.H.Colvell. . (signed) A.J.ColveU. B.H. X her aark Colwell Grant..' J.R.,patt.recn, F~lea8.,da~ed Sept.23,1:;ag,fl1ed Oc~.7.l88~.re..rde4 18 Book 62.p.~ 204. )..d reoord8,Tarrant Oounty.Texas; Considera'lon: Payment of sald no'e. A4know~ ~ed b,y A.J.Colwell & vife.Nancy a.Colwell,lD .tatutory fora,. 5ept. 23, 1889 ,"be tore J. P .SlocWl, N. p. Dall.. Co. tex. ( _1) DescrlD~1oD and Rem~. ~..t.ra to tIle deed (anovn on- page bereot) and '0 lad $"0 not. (a11own on page hereof) ... Do release sa1d 11ft and oont s.r. 'to ~e grant.. in .ald deed the 'title to the JA nd deecr1bed in Mid deed. .-.......-.-- Grantor: J.R.Patter80n Grantee: J. ~.31aDton General warrant7 Deed,dated Jan.2S,1882,tl1ecl 'eb.13.1882,noorclttd Book X, page 2!52,Deed records, Tarrsnt COUIl'C7. 'lexas; Consideration: $2eoo.00 'Pa1d. ACkno.,,-le1iged by J.R.Pattereon,1n 8'C~tu1ior7 ton,on JaD7.28,laB2,betore I.Cowan,J.P.& Ex otrlco,H.P.T~r~p.n~ Co.Tex.(aeal) Descript10n and Remark. (Land a8 de~er1 beet on page hel'"eot") as shown in the Deed Noorded in BookM.paf!lt ~85. Deed Recorda, 'l'~rrant Coun'7."1'exaa; , D Gr~.'crl A.J.Colwell 4t Wife, R.H.Colvell, (elgned) A..J.ColweU. B.H. X her _rk Colwell Grantee I J.R.Patteracn, ~lea..,da;ed 5ept.23,lS89,tl1e4 Qo~.7.188i.reoord.d 1n Book 62.pa88 204, D..d reoord8,Ta~ran' Count7.Texa8; Consideration: Payment of .ud no'.J .4OknowlJa d15ed by A.J.Colyell & v1t..Na!'07 a.Colwe1l,1. 8'a~utol7 tona,. 5ept.23,1&39,bef'ore J.P.Slocua,J.P.Dllll.. Co. -rex. (Mal) Descr1pt1oD and _ark. ~..f'era to tile deed (Shown on page bereot) and '0 1... $'750 no'. (ahotm on page hereot) .... Do release sa1cl l1eD and oont 1ra 'Co ~. gran~.e 1n sald deed tue tltle to the JAnd deecrlbed in sald de.d. ....-.....~..- Grantor: J.R.Patteraon Grantee= J. "e. 3l~ftton General Warranty Deed,dated Jan.29,1882,tllec1 reb.13.1882,noordad Book X, page 2S2,need reoorda. 'tarrant CClU.llt7. 'feue. Consideration: $2500.00 p&1d. AOkno:.,;le<iged by J.a.Patteroson,1n 8t~tlliOl'7 tOJ'"ll,on J&ft7.28,1882,betore '.Covan,J.P.& Ex otrleo,H.P.T~r~p.n' Co.Tex.(aeal) Descript10n aDd Hemark8 (Land as de~crlbec1 on pege hereor) .. 8hGW1'l 1n the Deed reoordea 1n Book64,.J)ftg8 laP.', Deed Recorda, T~...rran' Count7. Texas; , EV GraJl~or: J. I. Blanton and w1fe, S. 1'. Blanton Grant e\? : w. R. J07" General Warrant7 Deed, dated Oc~. &,1889, rUed 00'.".1889, and recorded in Book 64,page 188. Deed Recorda, !arran CouD't7. 'rens; Conaidera'tion: $2200 pa.1d. "knowledged by J. E. Blanton" wife 8. !. Blanton, 1.a statutory torm, on 00t.5,l889, batON J. N. Martin, J.P.& Ex O.t:r181o N.P.hz-rant 00.. !ex. (a.al) Description and Remarka (Sa.me land as described 1n tle deed recorded 1n aook &i,page 185, (ahown on :page hereo:r) (and other prop erv ) D w.;t.Jo7oe and td.fe , To I Design? tlon The Sta te ~ Tex... I Hoaeatead I OoUnty o~ TRzarant Know all iNn 'by tilt 8ft pre8en~..~hat va. '4i.R.JQ7Ge and F.S.Jo:roe.,h1a wire. of said County ;ond Stc:te,haft tJ:.l.1s tlay designated .nd ..... &parl.and do hereby desll!nate and set apart.as O\lr ho..atead. the followlng deacrlbecl lot. tract or ~:arcel of land,.l tuate 1 n T",rrant Count7. Texas. to-wl t z 160 aorea out ot the J. '1. Looney and 60 a.ere. ou1; of ~"1e NaIloe,. LoOUl surTey; 3e!'E:1n'l fig at the N. ~.eo:r'.of Geo. '!'eqtera aurJ TbeDOe :test 142t Yrs.on ed, line to 'tJ:e beginn"'g,1\ B.J"bP~r. N.50 E.4* -raraa; 'rben<<N North 950.4 V~rH.8 DUS N.E.cor.si.l..1.A..Loon.,. sur.in all 130el varas a stake in ~agt line of iiance1 Looney surJ Thence "';ea' 950 Yr.. a '"take in trtft 'dest 11ne of s::Lld ~~anc., l.ooney aur; Tbenoe Soutb 3* varas p808. s. 'otJ. cor. of s<\ld tianfMty Looney 45 ~~.W. cor. ad. J. ..{. Looney elU"'le7 in aJ.J. 1306t Va~. a atake,&ne S.W.oor said J.~.Loonel ~ev . P.O.~edra 3.10 w.6 varas; 'r'nence ~!l8t 1421- YRra8 Geo.Teetere It.~.cor.. w1th 8d. Teeter. line 80'" Va~. to t":8 iJeginning,leaa 20 acrea sold out. d~reby reoo@*lzlng and setting apn~t the aald abOY6 desor1bed land .1 our homeatead...and th.e :iomestead ot our taa.ly,and rellnquianlag alq and all '1otAetstead <<*alms that we may or might haft tw any and all otiB r land. owned by ue.Jolnt17 O~ sev~rallY.Rnd 88pec1ally rellnqulaning anf and all ~lam!"stead calma to any and all aucn land. .a are noW' or may ber-.nfter be enowabe~d by a Trust Deed of TJ.st Deeda,vhereln J. B. '';atk1ne 18 Trustee or 8eJI!! f'1Cl!\r;r. t/1tness our hard8,this 5th day ot October, &.1).1889. W. R. Joyce J F.S.Jo1oe. ACknowledged 9Y W.~.Joyoe and wit., r.S.JoT..,1a .tatu~or.J form,on Oct.E-,1889;Oefor-. J.N.:"'!a:'"t1n, J.P.an~~ Ex-oft1oio Nota1'7 ,.-Jubllc, Tarrrlnt CouDty,Tex~.;(.eal~ f11ed Oot.7,18S9.recorded Book 62,page 203,Deed reoorda,Tarrant County,Texl1e; xv Grantor: ilI.Ft.Jol" . v1t'e, 1'.8.J01_ Grant..: J.J.Neirer, General WarrfUlt1 Deed, (vendo1"'. lien retaaed) dated Se>>'.15,lS;O ,rUed Sept.:) ,le97 ,rflco:oclad in Sook 126,page 283 ,Deed Reoords. !arran' County. Texas; Conslderation: ~3250. $1650 9a1d and 2 Ada. tor $IQO.oo .ach due Uct. 25,1 S91 , 1892. Acknowledge~ by ~.R.Jo10. & wite, F.S.JQJo.,ln atatutor7 tor.,on Oat.la, 1890, Detore J.N.~aPtln,J.P.~ ~-otrlo1o H.P.farrant Co.fex.(..al). Desc:alpt1oll and Heman. (Convey_ lIame land set out 1n Deed recorded 1n Book 54.page 185. (sDown on pa~. hereo~) (and other land) -- - ... ... -- Grantor: N.R.Jo70e and v1te. F.S.Joy.. Grant..l J.J Lielr, . aelease,dated Oct.31,1892, filed Sept.9,199'1,Neorc1.ecl Book ig,nage 393, Deed recorda,Tarrant c..'7.'feXd; Conslderatlonl Payraent ot said no.... AOknovle~e4 by W.R.Jo1..,ln .tatDtor,r tara,aD HOY.7.1892,and by F.a.Joyce, v1re of .....R.Jo1o..1D atatutoJl'f tona,oD JlIIl.7,1893, botb betore ~.S.We.., J.P.. 7x-ottlo1o,N.P.T~rant Co.Tex.(..al) OeAorlp'lOft and Remark. Peter. to tole 2 not..,deed and yendor.. 11en 8Down aboye ,and rec1te.... Do releae8 .ald ll.n and eoldlN '0 the l1"'an~. 18 .a1d deed the t.. '0 land tto ,oeing the land de.crlb" ill ..14 deeci. &W GraD'Orl J.J.le1.r . vif.. Z.N.Belar. Grantee: J. S. Shlvera. Gener.!l1 .~arr:mt7 Deed, (Yendoza'. 11en raehlned) dated r .b.18.1992,fl1ed JlIl7 11,1892, recorded Book 8O,page 420 ,Deed ~cord., 'farrant CountiT .1'eus; Coneideratlcn: ~1600.00. $300 pald,and 2 notes for $650. each,due Jan.15,lS93 &: 1894. AC/i.n"....lede;sd by J.J.23eier and w1fe, Z.M.:'!eler,1n ilt4ltOi-r :torm.on Feo. 19,1892,~erore F.L.~e8t,J.p.& ~x officio N.P.~arrant Co.!ex.(seal) (Seme prO~)t"H't,y as page hereot) i8 said to be tl1e De8c~iptloD and Remarks set out in Deed. reoorded in aoolt except that t:.-:e su~.at '>lhl~ the Gee. Tuleas. 64,pap 195, ah own on descrlption 'lJe~ln8 - - - Grantor: J.J.~e1er and w1te, Z.M.;klpr, Grantee: J. S. St.1Yers, Release,dated Jan.7,1893,f11ad Sept.2B.1997,reeord&d Book 99,page 402. Deed recorJa.Tarrant Countl.Texaa; Gonaideratlon: PaJ1aent ot the said prordssory note.,reoelpt aoknov18 d.ged. .Acknowl.d~ed 'by J.J.t~eler and Z.M.~eler,.h1. w1le,1I1 atatuto1'f torm,on January 7.1B93,oetore F.L.West,J.?and ex-oft1o1o Notar7 Public, ~.C.T.(.eal) Descr1ption and Ne~ark. Reters to Deed recorded 1n ::s.ok 90.page 0420 and to the 2 proJ31asory note. ~~gr~~atlng the sum ot. \.;!1300.00 de.:;crlbad therein (mown eet out above) .~;';;and rec1tes...... hereb1 release and canoel the .aid vltndol"s lien and oo;",flrm to t;>> &rantee 1n tb.e aid deed and ::.18 aS8igns the title to the :rollo~ln'i> df!ll~crlbedpre-n1a.s.t .-wltl (same propert7 a. set out in the above mentioned jeed. All Gran t.or: A.B.Sh1Ter&,Jolned b7 my wire R.N.Sh1yera, and SOD J.W.Sh1vera.the sole he~ o~ V.A.Sh1vera.deoeased, (S1gned) A.B.5h1vera R.N.Sb1vors J.W.Sb1vera Grant.ee : W.H.Bogar\ General Warranty Deed (vendors 11en rctF~1ned) dated ltarch 18.1913.tUed for record 11&rch OO,191.3,and reoorded. in Book .U6.pnge J09.1n 'the oftlce ot the county clerk ot TaI~rant Coun~y.Texas,rcoord3 ot deeds. Cons1d!"r"~t1.on: ~1800.00 paid and seoured tc be pa1.d by ':f .H.Bogarf. as fo11owa;- $500.00 cash in h~U1Q paid the recelp~ aCknowledged, and the execut1.on an( deli very by the sa1d \'J.R . Bogart. of two certaln prom13~ory note~ of O~len date ~'lc;,ew1th p<.iyable t.v t..'-1e ordo:- of A.D.f)h1vers ; ~le fl~s~ for $bOO.OO,W1~ seconc tor $800.00 due on or b~tore J~~uar7 1st. 1914 and 1916 re.3peot1ve1y. bedrlnO lnt.!~reat. from Januar~ lat.,1914, unt.il p~d at <;.he rat.e ot t.en ;.-:-er cen1. ;H?r annUlI. t.he l.nt.ere8~ payab1e ar.1:ually,a:5 i~ accrues.Both princ1pal and. 1nt.(:rest. payabJ.e at. Grapev1ne ~;Dtlonal B&.nk ;;-;1t.h the vcndor:~ lien re'VE1ned. on the ...ere1n atter tie3crlbed land to aeow->eiJa:T!:lent of se.me. l\cknow1ec.gmenta are in complL'nce nth the sU1.tutea Aok..no'.lIled.t;~l b:l J.7I. Sh1 vers, on iiarc 18,1913) before J. '!' .!...iorehead, no ~y public, ':~M'aJt t :;ot..rrty, ':'e:~s, ( sef.].) Ac~nO'Rlf;d~e~ b~Ot' A.B.21~ver5, diu :1~e" ~~.N:3~1~ttrg,~n...Harch l8!1913. be..ore oj. _ .,",or..n~a.u,nor.a.ry yubl1." _ar. all.. I.ount.y, ..e...as, (deal) Description ar.d Remarks Ly1nt:: ,U':U beln,:; a1 tuat.ed in 'l'arl'ant. Gount,., tl'e:x.a.s ,and deocr1bed as Lollo"s;-~eg11ming a.t the nor".J1east corner of the J .!~.Loona,. 160 acre 3urve~;Thenoe West 480 varas to a stake;Thenoe sou~ 478-~ vre. 'l'hence East. 480 varaa t.o stake in t.he eaat. line ot said I"ooney SUJ'v8.yi Thence North 4?S-i- varas to the place ot beginn1ng, Qon'vlllnlng 40-3/4 aorea of 1.a.nd out. ot the sa1d J .:~.Looney 160 aore 3urve~. .:J J....'un Gar: ,f .H. BOi-~al';;', Lessors G.r;:'_Il~~U: (;.:;0. "7. S tJ :lgh, Le 3see. Oil ,.\:: "'.,:> .".3,~,l:L'~;:: ,; ~:vh .:~)~J::.,'.~):'7,tile~} .\.)r:: ~;7,2.~17,':':1'J. reco':'''..:r;d in ":k.l\.l< 5.5: ,):~;-: ,.;- ~;7, ill ~110 0: :i:)~ 01.' ~he i)JL4.1~Y ~;: e~'k of ?al"rru1 t CQ.~'1t.y, ~'eAa3 J L"::0J. '~i3 Jf .)el]~.:_~. ,~.j.~ J i G.J': I~:. :.~Uil: ...jl;~ ,~~-:1 ..~, T"\..,1~ .....i....I__ ~~.~ .,J..........__ ..J.' ~~..~~ ..;:,,.j~:11.[t..1t2 : ~~ 3 S e ,; . by 2.e:Js~)':;,::--'.JJ:J.:...)~~ ~,,~lG10",lle(i(;::ic..J~:,3 ':,.'.:;11 as and .::,;:r>e~Lll]ll:" 3 llC!'C':'.1.n..fL..;:.:.' (;0:1 ::'..l:le'.: 0:1 i.:1 ";",11.: ':'d(;;,i.' . ...':"'0:1 ::'.l.le ..)<i;;....~ of "':,r. ~ !.c :~n'y.::.. :Yl';:J:: 1 -: :'.. s :':1 ";()'1..:;:' ~~lC:; "!: t:1 th ~ 3"';;. '"'.~, 11.', (~:J . Ac2mo".J:'3d0ed by :1. H. Bo..;a:::'"r:. on March 2S ,1917, befol'~ Zeb Jenkins ,!'iotary Public ",1..., ,.....,.. - i J 1- Y -'." '1'.1.- (, ,~ " J. '-""..I. .. .........1 J. ~ '..,,; "- ...1.", J , _ tJ 4\."- >J. ....... . .... . I . JescI'i",)tion tmd :?'ennr'h:a. .'::.~-:::.:..;.3: iu lJ.," _bJ~.~";~l~,:>(;.~::..,::nnv';Y""'!lG ::.:.: 3:; U:LO -.:.iL.: 1~~83i.:;:;.:-:1::' .,}W :)11 and .;,:3 ~n ,~l1~ u~ldGr :'~le i.~J:'l\)'''Tln6 descr'1.bed~t'r'4C~~ of L111d and tlw p03S- f;:': .;:".Ja ~::;:':j.) ~~ ~') -:; L: .)l~' , ,):;.; :) -: ~~~1"":, t'.L '1~. ~ ~~')() n ,'1~ld 0.) e:e'l.,l :1,; :. ~W:' :?(m ~.'1 d P''')''''''~'~'l'''-'''.'-'.''Oj'~'''~': ,,'''' "~...;: '."n "~'.11 t'l''> ,,,~.tM'""'o "3" 3U~"'~""Qn'. ..,...~.O.l.. 4_....V.~_,.., ~..._- ~_.- .. ,;:),.,..,,, v..._ '_.-..l u.~,,_.... jj ~ __..:;)_."" oj '... v __.....,_... j "....,.... , <.,..'.:: iJ.::d. 01.':" :_',)L! >:.~lC; .)i"~:.1':'.3:;:3 ~:.o J)(;l':~~:; 3'!.id .J.C:J.):).C"t,J;Wi.t:1 th.J r:p;ht vf L1~:_'e3;:; "..I;"" ":'::_"''';;3: :::!.t. dll '...i~0S f:)::" such 'ml'UO.3e3 ~l..'1d all :::"'if~~lt3 nnd D:;.~i'li- '::"3;:':33 :..'.).:." J~.;l: .J.;cr~,'~:"~us; .\130 ':.ll,; .'ic;::':' to i'e~la'ld tl:' .U1y':.i.J:.; ~:'2. :.hl1 'J:c':J.,)cr':.~,l J ~)~;)es ,l:1d L:ur,).,e;J~nt.3 ')l.3.C2d :':le:,:'coa 0:- srcc~e' in 0'::' UDon said :....1:0. ':;J ~.lc.;; 2.e",;s~i;J;,--1G. ''-.~3u ....:12 -'':':.~~: ':. ;J!: sub-d~1!i(11.i16 or '.:.r'lns1'e.:.....ri:L; ::.11 Ol' ,~:.:;l:r.).':_:...~ ;::,;t :.hG r1.':;:l"';;.s he:c~l:l convc:rcd and the nrenises :'1erelnl1.f~er de- ~:::.; 1':;;:; . . 5~ld 1.1.J1o_ ~, ....;. i3i "'"l'- 7'~,~d in T'U'.:.....':l t Co .....'1:.y, ?ex:ls, and 13 d.esc,:'lbed a.s f'ol- 1 J :::3 J :l)-':::' .'.;: On ~be n~Jrt.h s:..cie by t::e lands or Bogart.. en ':.l:c .:::1..:::. :.;::. c.:; ;;:/ t:: J 1 :.~1d. - Tt' :'u ",;,::'1 r~ : ~o :1.d J On the sou~ s1de by the 1~~d8 or Bone, ()n t:1G ',',~ ;~::. sid:; 1:,;) "':, ':c l.md.:5 of Ad,lUS J Ou~:, o~ Loone~r 3u:,vey. Be1n,.: the S,"l.me prem1ses conveyed bo the lessors by A.D. Shivers, by deed of record in':.lle otfice of the C:nmtj Cler:': o'!' 'l'~rr:1nt Cjounty ,~ezas,in Book · ... .Page.. . .. containL""1g in all ~ aores of l.n.nd more or less. To H~vc .:inQ to Ho:d, the s.l.lne for the l:.drr.l ot three :lears f.:.-'or.l tl1e dat.e hereof and as much ~onger thereart.er as o1l,or gas 1s found thereon and therein In payln~ quantities. '!.be lessee agrees to de11ver to ~e lessor 10 tanka or pipe 11nes.~ree of charge ,1/8 part of all the 011 produoed and saved ~rom Bald land. I:t gas 18 found 1n paymg quanUt1ea the loss agrees to pq the lessors $150.00 ( Contlnued) B ep-oh Y<-;e;r' 1n a.d~lr-nce fa:.:' the '::r:....oduct.. of e:.....oh well while the same 1s be1np; sold. off 01' s."i<i)":'I,'I1i se s. rhe l~~:=or-:3 to have fret' of oos':. sufficient {l;<J.s from R.ny well~ dr1lled on siC. .:J.. <2.11 CL (,0 li,).t <"nee 11eB... 011(; dwell.L.'1.f, house upon said. l~.nd t.he iiK1ll.e 'to b~ t,'3JCen I:l.t :.l1.e fJ.ou":.h of tht~ well x1d a.t. the le~6or's rlej{ !:I.TIll ex;,)ense. p:.. 0ViQt;d t..:le:,.'e ~s .;.\J.l....i.o~en:. .i1J:.uci.uL::~l.on o:r' bils on ,3;'.i..... })j,'uLU...se.s ove:r' a.nd abo~le the aI.1Junt necessP.I'Y fo..... :,:w t):.)er.''l't,lon ot s.'>.id i;::"';Illse<::.. ~:~ld .le63~j~ [3.t'~'~t~~ -v':; -,)~:J.~~ ;~l ~)ii)C li:l~s Delo\v 1)1()i;4 c:i_';I).~i1 ".:;llencl~lJ:"::I l'eque.3t.ed iJy ~Jl1e l;}e~or '~jl'l :':'u)n~r ~(~~'3or fo}' d'U1!1.g(.! done to ?ro"J.:UL' C:~'('l")S :;l1::'..e ::;:~::'J. .):O:.I'~I'j~T i.s bel.ll:; O;H~l'n!jec.t. ;.jo well 81:"11 '0e d2:'illed neX:.''9l' t:':1:~..!l 200 rron l-L"1Y:JU11din;: now on said j'JccLli~e:1 .:i:.11o'~i:' ~.;lle lc;s~3\.)rts i~():liSeIl'tJ ,~;i"']'t;ll ~ill V:J i::'iIl;-~. L'~Ggee 13.~:'::dcl t,o LH~CI.n ()-)el'....'~:..onf\ r"'::.... t.lw <.!:--11.11ng OI' ,". wel1 unon '~he a~)"j;.:: ~.c5C~'2..Ut~i. ~.):"'''}~':''::~t..:;.:.; ~.17-:~1i.:rJ. '.JIll: ~ret.t;;"" 1.~:C01~ ::'lJ.lJ cL::..~'~ !1(;I"l".~C:'''J()1:1 t,113I~e,t1,!.'LI:3r pay 1:.0 -,he leCHo[' th<~ sum of Qt.> crt::3. per .'l.CI'e~ :}i~r nn.....lUr.l np..v,~bl~ n:mrt.(~l'ly lnc1,.G.v'cnce un':'i:L (~. "'f::l:L. i:; c()r.1n~mced 0:::' untL:.. :.h,: enc: 01' ':;le'~h..' ,'C :rerl.!'S '~..Ie.cr.lo herlJof',!ls A. l"'ppr...;"l ~.n() c.)T1Y)l[~~~e I.Pf1t.;,fl'.)!'....,ion (,0 leq~.Jors 1'01" o.elay, '.,'hen D. wel: i;c; ,jllc:e b~~gun d.l'i2.LLn~~ tJhereo/ slw..:...l be 1l1'O secu-':.eu I,'i t...h (<ue c.ill:3tmce UJl-t,il S Th' is COT:1)j,c;t,ed. .(:.1 .;)!1..:fuen',,;.; :;H~i'~L.Ull.i.;::.!' ',:h....nll J.lfi.1 1'.>11 dUl] uny 1.>8 ,.ir.id diJ'eot -uo +..110 :'..esso28 o;r' by Ch".H~:;: de-;)o gj. tml in t,~1t:l Uni ":.P.f; Str~tes );~l]. ,ad<u'es..ed to the lesCiolls, ~~-~ - '~'h~ I1.bnve deserlbed pren:,sc5 !tr'o sltt.:.atec. 1n "/hrt :....:::. k.J10~':n ns n. t-e2"ri- ",Ol'Y .::m.d:. }lfl.S 'o<,,;':n w~c.i':v;-jlo;;e( fo:;.' oi::' and W~s thel'efc::.:'e l"G is tJlol'ou,-;hl.1 und.er2tcod tn.:l;". +..Ihl~ SW1 of nc:ney ':'),~..i0 '?bOYB 71:-,o~ridp.c f():~ r. :'mlt','..l gItnJ.: 11'~ (:l.0.,;e'q ~h' in Lt 8U n.t c~~~,r':,~_()"npllT, .::'~ ~,{ no :toJ.'fei '~U!:"; "!il~ ht~ cl:-.illHd llllC 82" tl.1J.3 leH.,;'-~ UT1~..il iJ}.~t~~ Pile. 0"",:-1 t,}lP '1-.e:PLI }1f7~If7()~~J1U1}..e'~~c: 1-)l:erf._\ :.~ f1. !.#"l11tt2'.f=! 111")On the !JFti't oj'" th(~ IHs:~Af-:- -(.c. ':)r.~; s~liti rl~Jnt.J~~ '3 B~5 P,bO'i'3 stl"!Yu.lr'JG ~tS. In cf)ns:l.de:c~+.inn 01' ~he n.')n~~' pn.ici p..', ~::.:;.e c.e::!..i ~lerJ he~ ':':01', ,nne. 'the ';~.:'- !.l tJ.rl t. ~) .:." : 8f', 3 [} i'l~;j i tl~; 2..";:" . :'..~;(')".r ~ r~. ~~1:.'; J: '.: nJ:{..1_ I 2. (~: s ~ f~C: at~. : ill8 S 1"iJ-~(. .r.l..e..:- j~l!:~ .;..-2 ~ ;~~ ~. <.:- B.llC. o-!~i:)l~ tl> ::3llj!:z..'f-:,f.:.GCf' ,}lL~~ i".!~;\.l:1"Jtr'..~.J ::D:r t,.,lJ3L t!;)cn tl~(~ ~-'~~jTI~Jlt. c<f ~lle Sl.lLl of.il.:':'lJ :=-;,.nG :>.ll :".il,'\dl1':'::' '~ht::n QU~ h~;-'.'eun(;.er,'ll':; :'Lerea:.:'t.e~' .iJH :;"I:le;"seL,f'.nc. d:'...achtu'ged frOD all pnyments,ob:.ir;a.tiona and covenants herein contr..:.nec Fhert:H.l.l)On t.l:.:'..P .<1";;l1t,8h,',:'1 beeOIlP null Rj1(1. void.,o:r. :'0 ,~o!:.:.,j,nlle t~!.F- RL.!. .in 1';,u.: force and e:f':~'t~C;j ::"::'00 (Hi'..;..-t,('r ",0 C'l ~}'teL' ,ul(' !']'('i: y(~r'.i.' .J;,C 'i n:u' by IJr.l;.- in~) S~J:;'ol.1at.r.:~ l)....1..t'.";:.~ \:r...J~L 11~S~()i',; Le:r'ebJ binu tl:.cr:.lsc:J.-"res,"tJc' ~~eee]Jt. vvl1en tendereG.. L1 tile eVt:;nt tl~e lest!ee su:cr'eu(e:cs thi8 lef'.f:e .<is above pr()v~c.ed he here- by binds h.ius,;lf t.c surrendel' to let:Jsors a deed of surrender or tl-u.s lease du.ly au t,hen tlcated for' reccrd. and. t.he deposit.i.ng of sflici do ec. 0:::' sl!.rrender and a check tor ~l.OO paya.ble to the lessors and all amounts due hereWlder, together with notice of SUCil surrender,shaJ.~ be accept.ed as a full and le~l surrender of this grant..and shcJl tCrIalnp-.te this lea.l:!e and all obllc;utiona hereunder. All covenants and a(~eements hereunder set forth between the part1es hereto shall extend to the1r reBpeC~Ye he1rs,legal r8pres.n~~1YeB and assigns. No search is made for transfers or other instrument affeoting the above oil and gas lease~d no searoh is made for abstracts of Judgments or Federal tax liens aga1nst lessee. All Grant.or: W.H.Bogar\ and wite Eftle Bogart. Grant.ee: l.N.Dan1el General Warrant.y Deed (vendors 11en reta1ned) dat.ed March 1,1918. f1led for record January 18,1919~and reoorded 1n Book 469,page 635, in 'the off1ce of tone county clerk or Tarrant County,.Texas,records or deeds. Consld.~ra t10n: ~2000 .00 paid 8.Ild. secured to be paid by I.}; . Daniel aa follo1'1s;-$500.00 cash in ha.nd. the receipt acknowledged,and the exeoution and delivery by the said I.N.Daniel to W.H.Bogart of three ce..:'ta1n pl"'om1s3ory note~ for the sum ;)f $500.00 eaah, dated this date and due January 1,1919,1920 and 1921,atter date, w1th inti-]re3t:=.t 'Uhe r;.,te of 8 per cent per annum,wlth a vendors lien on the hereinafter desoribed land. AWu1owled&nent9 are in compliance with the s~t.utes ACL~owledged by W.H.Bogart and \r.Lfe Eftie Bogart on March 1,1918,betore John S.Eatl11,no03rY ~ubllo, Tarrant C0th,ty,Texas,(aeal) Descr1ption and Remarks Lying and. be1nt5 situated in Te:;.rrant County,Texas,and described as fQllo~3,to wit;- Beg1~~1ng at the northeast oorner of the J.~.Looney 160 acre surveYiThenoe wes~ 480 varas a stake;'fhence South 478-i varss;Thence East 480 varas to a stake in the esat 1L~e of said Looney surveYiThenoe Nor~ 478-* varas to the place of beginning containing 40-~/4 aores of land out of the J.~.Looney survey of 160 acres. -: .".# " .:. 'o~:~'-:;f-" . .. " c ~r-I al l7.I a.I co = = = = (.) (.) (.) (.) co co e! l'll ~ == (.) ~ o =:>> ~ CO = ~ ~ ~ o O...:l \J ~ ~ ~ g ~ u~ g ~ ~ ~ ~l N N E-t E-4 Q ~ - >- o P::: f..4 'M > ~ Q) s:: o m s::: Q) bO """ o to--;) .-;r ;:~. >t :), '.' E-4 \:- ~ 4: " ~ t, \~ ~ f ) , :a ; \~ - J u 'I~ '01 ~ ~ ..J 00 ~ ~<l~ ~ ."'-.. ~ . . 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Tcnnessee. lIe was the youngest of 13 children and the only one to come to Texas. 13ecause of the Civil War he did not receive the college education that his older brothers did, and aller he grew up, he worked on the railroad in Tennessee. When he was 21 his Aunt, Mary de Drazil Davis, went back to TelUlessee f1'om Texas and pcrsuaded him to return to Texas with her. Kennedy's Mill. out from Winchester and Warda. seemed to be a colony of Tennesseans. Aiken married Luey Hannah Wroe on June 1, 1879 and they resided in the Winchester an~a. Aiken came from a Presbyterian background, the "no-cooking on Sunday" kind. I Ie was named for two Presbyterian ministers. Strangely enough he did not join the ehurch until he was about 45: perhaps because there was not a Presbyterian Church in Winchester. One was finally organized. Ill' was a charter member and one of the first three elders. The othcr two being Dr. Philip Chapman. \vhl! latcr moved to SmitWield and Mr. Clint Thomas. Lucy used to tell that Aiken worked in a gin and he could be heard for blocks cussing the Negro help, but when he joined the church. he turned over a new leaf and never cursed again. Aiken had a natural talent for nursing and always said if he could have, he would have been a dodor. As it was. whenever anyone in the area got sick, they would send for Aiken and he would stay for days or longer to nurse them. Lucy was born in Wilson County, near Knoxville, Tennessee, September 10, 1855. She was the youngest of seven children. The family were all13aptists. In 1859 they came to Texas. Fayette County. at the instigation of her mother's half-brother, James S. Lester, who took part illlhc Texas Revolution. They lived at or near Kennedy's Mill and her parents are buried there. The graves arc 110 longer to be located, and probably have long ago been plowed under. Living in Winchester, Texas, close to LaGrange, there were seven children born to Lucy and Aiken: Hiram (named for her father; b. 1880; d. age 9 mos. :.> Earnest Caldwell; b. 25 Apr 1882 Baby (unnamed); died at birth, probably 1884 :> Lester Caroline; (named lor Aiken's Mother and Lucy's Mother/surname); b.4 May I XX6 ?WiIliam Henry; b. March 1889 I 8 of ~ ;> Lallah Marguerite; b. Feb 1891 ;0 Maude; b. Jan 1893 Revision B August 1999 Aiken became dissatisfied with the area because of the large German population established therc. So. he decided to relocate his family to Tarrant County. He traveled to Tarrant County alone and arranged the purchase of a parcel of land with a rather taUy house on it. When the family joincd him just before Christmas of 1908 and saw where he was moving them, they were most unhappy with his choice. He quickly looked around for something they would fmd more suitable. He found a 158 al:re plot in the Northeast quarter of Tarrant County, whkh he and Lucy purchased on the 31'1 of Deccmber 1908. This became known as the "old home placc" and is locatcd in thc community known today as Colleyville, Texas. Aiken and his family set about fanning the property, raising feed crops. This land was originaUy issued by the State of Texas on February 18, 1878, to Nancy 13. Looney via a 160 acre land patent. It allowed 2 of the acres to be used for a pioneer county school, thc Pleasant Run School. This school was cstablished in 1870 and continued to hold classes without interruption through the 1962-1963 school year. William H. Bogart was 21 years old at the time they moved to Tarrant County. He helped with the farm Also, to earn cash to buy land, he worked at a lumber company in the Poly area of Ft. Worth. I Ie had acquired almost 100 acres by the time he was 30 years old. Effie Rutledge was born in Forney, Texas; east of Dallas, near Mesquite. Her family moved to Grapevine where she met William H. and they married on the 291h of March 1917. William was 30 years of age and Ellie was 20 years old. Apparently, William introduccd E1lie's sister. frankie. to Clifford Clary, sho also worked with at the lumber company. Clifford and Frankie married on 11 November 1920. William and EfIie set up housekeeping in Poly and 2 children were born there; Dill and Corinne. Sometime in the early 20's William moved his family out to the old home place into a small housc a short distance [rom Aiken and Lucy's house. William importcd a prizc Jcrsey bull from the Jersey Isles and set. about raising a dairy heard and establishing a dairy [arm utilizing somc of the old homc place property and the properties he had purchased. lie continued purchasing Tarrant County land whenever he could. Lester Pearl. granddaughter to Aiken and Lucy, was sent to live with them when her mothcr died of the flue epidemic in 1920. Lestcr Pearl was 6 years old. Audrey, Ernest Caldwell Bogart's daughter. remcmbcrs her !amily moving to the Colleyville area in 1917, living there till 1921. Audrey attcnded 2nd,3rd and 4th grades at the Pleasant Run School. Sue Lou Corbin, another of Eflie's sisters, was one of her school teachers. Lester Pearl later taught 1 year at the Pleasant run School, around 1934-1935. In 1927 William and his family moved into the Riverside area of Ft. Worth and established the Golden Gate Dairy. Charles and Sue (twins) were born the next year. Luey became very ill and both Aiken and Lucy moved in with William and his family. Luey died in 1929, just 6 months allcr their 50lh Anniversary. Aiken lived in town with William and his iamily 2 more years until he died in Il)J I. Aiken and Lucy are buried ill the "Uogart" family plot in Grapevine, Texas. 2 , Revision B August J 999 In J 935 William Bogart bought the 158 acres making up the old home place from the A.c. Bogart heirs. In.... The Stale put in Grapevine Highway splitting the property making it necessary 10 have a cattle crossing to allow the cows access lrom some of the pastures to the barn. The dairy continued until 1956 whcn William 130gart died. He had put together a bottling plant, 4 limBs and a tolal herd of ..... cows. Parts of this property remained in the hands of the Bogart family until March 1981 ,,,,hen the last of the property (that were the houses were located) was sold. As of the 1990 census, CoHeyville's population was counted at approximalely 18,000. The growth of the area during the 1990's has been drastic and the 2000 census will certainly be a lot higher. ThaI area today (1999) is being held by lhe Herman Smith Estate lor development as the civic and cultural center ofColleyville. * * * * * * * * * * * * * * * GRAPEVINE Grapevine, Texas was the closest "town" to the old home place in the early years and was utilized by the family for business, worship and recreation. The town 0 f Grapevine was incorporaled in 1907, with Bart Starr as the ftrst Mayor. In 1940 the population was 1,043 and by 1988 had increased to 26.400. The earliest wagon trains to bring settlers to the Grape Vine Prairie arrived as early as 1844. That same year Sam Houston and commissioners representing the Republic of Texas mel wilh members of the Comanche, Keechi, Waco, Delaware and several other Indian lribes at Tah- Wah-Karru Creek, also known as Grape Vine springs, and signed a treaty of peace, friendship and conmlerce. This treaty was signed by the President of the Texas Republic, Anson Jones, on February 5, 1884. One of the interpreters participating in this treaty was Jesse Chisolm lor whom the Chisolm Trail was named. The lown was named Grapevine due to its localion on Grape Vine Prairie, near Grape Vine Springs, so called for the-abundantly growing mustang grapes in the area. The Cotton Bell Railroad eXlended to the town in 1888 and helped the small farming community to grow. Early residents were attracled by the abundance of good cheap land. Cotton Soon became a major cash crop. l' uday the COll1111unity of Grapevine has expanded to an estimated population of over 40,000. This is mostly due to the close proximity 10 the Da1JaslFt. Worth International Airport and the aUractioll of international business interests to the entire Dallas/Ft. Worth Metroplex. * * * * * * * * * * * 3 COLLEYVILLE, TEXAS, is located in northeast Tarrant County. Although settlers began to arrive in the area possibly as early as the mid 1840s, there were barely enough residents for ColleyviUe to qualify as a village when it was incorporated in 1956. Today an estimated 19,250 people live within its approximate 12 square miles. Spring Garden appears to be one of the earliest established settlements in the CoUeyville area. Samuel Cecil Holiday Witten, a Missouri native, came to Texas to survey for a land grants company. He liked what he saw and soon brought his family and settled near today's intersection of Cheek-Sparger and Jackson roads. This community prospered for at least 15 years. During that time Methodist and Church of Christ congregations are known to have met there along with the Pleasant Run Grange #891. At it's height the Spring Garden School had students attend from as far away as Collin and Jack counties. All the activities known to the Spring Garden Community may have been housed in the same building but the out of "town" students boarded with the school teacher. This community fell into decline when the Spring Garden School building burned. Other early community centers of the area were Pleasant Glade, Pleasant Run and Bransford. Each ofthese communities had its own church, school and general store. Pleasant Run and Bransford also had a United States Post Office. This Post Office was located at Pleasnat Run until 1888 when it was relocated at Bransford. In 1914 George Couch and his son, Walter, opened a general store at the intersection of West Glade Road and the old Ft Worth to Grapevine Cardinal Road. It was at this store that Colleyville was born, although it was not incorporated until 1956 . For additional information on Colleyville's history see the Internet site at http://homepages. go. com/-Ie 1 23/ colleyville/index. html or purchase the rereleased Colleyville History Book from Sammie Bolling at the Colleyville City Hall Annex. Phone 817-577-7589. ANNUAL REPORT - 1952 NORTH TEXAS MILK MARmING AREA lIDERAL ORDJ:R 10. 43 TABLE 12. NUMBER OF PRQDUcms JlU) Pa:mIS OF MIIJt BY COUNTY BY STATiS Am> ASSOCIATION - NOYawm1r.R 1952 North Texas . Wiohita Falla TEXAS Producers A.sn. .'Producers A.m. Non-Members No. ot Pow:ds of No. or Pounds or No. or Pound. ot County Producers )4:fl 1c Producers )441 \t Producers Milk Araher 2 Camp 32 Cass Collin 4 Cooke 92 Dallas 88 Delta 26 Denton 117 Eastland 4 Ellis ~ Erath 94 Fannin 16 Franklin 13 Grayson 70 Gregg 1 Hamilton 6 Henderson H11l 34 Hood 2 Hopkins 240 HuIlt 34 Johnson 136 Kaufman 30 Lamar 59 L1mestone 1.2 Montaf,'Ue 3 Morris 2 McLennan 5 Navarro 13 Pulo Pinto 11 Parker 151 Rains 5 Red River 16 Rockwall Stephens 1 Tarrant 146 Titus 45 Upshur 16 Van Zandt 20 Wise 213 Wood 30 Wichita 10 55,506 354,632 44,715 1,243,692 2,300,086 326,J.U. 2,068,336 67,4~ B29,2l7 1,388,844 l2J.,337 l)2 ,007 954,51.2 5,921 80,839 546,766 25,~6 3,199,089 320,549 2,338,154 31JJ,674 769,279 42,550 32,863 14,764 32,210 169,367 242 ,l22 2,266,525 34,923 167,824 10,696 :, ,280 , 511 460,809 129,597 256,746 2,527,478 339,791 165,404 4 4 2 62 3 6 1 1;6 1 6 11 57 26 4 35 378,105 7 1 74 30 44 ~:3 52 1 10 34 g 9 24 3 4 2 8 5 127 11 69 7 10 2 TOTAL No. of .rounds of Producer s Milk 37 433,611 67,3;3 12 ,886 1,006,369 354,881 l,U6,002 47,174 731,684 23,245 108,560 362,566 S9,OCfl 78,620 364,601 28,328 43,917 2;,861 120,1.l3 82,356 1,l58,99; 92,708 1,l46,316 82 ,124 116,366 24 ,007 1 1.2,886 78 1,051,084 122 1,598,;73 132 3,416,088 29 373,598 169 2,800,020 5 90,744 52 937,777 128 1,751,4l,0 24 180,31.4 22 210,627 94 1,319,113 4 34,249 10 124,756 2 2;,861 42 667,179 7 107 ,7f!2. 367 4,358,084 45 413,257 205 3,4EV9,470 37 l;;.2 ,798 69 885,645 14 66,557 3 32,863 2 14,764 9 51,284- 17 211,356 13 279,092 213 3,6)4,610 8 55,053 22 207 ..988 1 18,074 1 10,696 302 7,686,676 46 469,6l8 22 182 ;102 31 460,919 270 3,~78,075 56 604,915 14 228,518 1;2,515,761 19,074 41.,989 36,970 1,368,085 20,130 40,164 ~S,<>74 4,406;16$ 8,009 53,165 204,173 650,597 265,1.24 63,114 :1t~i &1 :~~ r ~?4/ 378,105 888 14,449,972 2,764 L-0~ -(j~ +J-/ p-d<-~ I'iZ() ~ ~~ O'\L--' (cnA.5-L \ TOTAL 1,8.U 27 ,6ffl ,684 35 Conti m1ed IIIo The Hard ~ars? 1920s=1940s Retail trade barely survived in HEB in the 1920s and early 1930s, and farming was far from prosperous. By the early 1920s in the village of Euless one-legged former Deputy Sheriff John "Deb" Cruse had operated T. W. Fuller's old gen- eral store for years. A cast-iron wood stove was in the center, and for a time in 1923 the county li- brary opened a branch in one section of the build- ing. Miss Willie Huffman, the librarian, let people check out books twice a week. She earned $6 a month. The store closed soon afterward. Its niche in the community was soon taken by Homer Fuller in 1926. He had to abandon his 160-acre farm when he was crippled by polio. When he could no longer farm, he had a twelve- by-fourteen foot store built on the southeast cor- ner of the Euless-Grapevine Road (present Main) and Euless Boulevard. For a time in the 1920s Clark "Red" Frank- lin's blacksmith's shop was located next to the Methodist Church, but at different times Red had set up shop at Calloway Lake and Birdville. Ray Reed and Wayne Arthur soon opened a little ga- rage, servicing Model "Ts" on a dirt floor, just south of Fuller's grocery. ~10st services, including medical, were still scarce in the area. The Grapevine Sun, for in- stance, noted in its occasional "Euless News" col- umn, AprilS, 1923, that "an optometrist will be at Board and Austin's (Grapevine) Drug Store Satur- day April 7th, one day only this trip." Meanwhile, many HEB area farmers, like those in the rest of the country, were forced off the land in the 1920s and 1930s, victimized by low crop prices, foreign competition, and declining propertv values. ""'alter McCormick and 'Warren Fuller were two of those who relinguished the agrarian way of life in the 1920s. McCormick, whose family had been in the area since his great grandfather helped found present Colleyville, left Euless and got ajob on the Texas and Pacific Rail- road. He and his wife Willie Mae did not return until 1948. Fuller tried the Dallas Ford Motor Company's assembly line for three months, then returned to Euless to go into business with his brother Homer. For those who persevered, farming became an increasingly speculative business enterprise. Many abandoned the raising of fruits and veg- etables, which were frequently brought in by trucks from the Rio Grande Valley. Some farmers took up dairying, which grew in the postwar era, since expanding cities consumed more milk and cream, and imports were not a threat. Shortly after Fuller's grocery opened, the Tennessee Dairy receiving plant was built across the intersection where McDonald's is today. Com- er Horton was the dairy's manager. The com- pany's few drivers picked up tepid milk all over the county, cooled it, and hauled it to Dallas. Re- frigerating and condensing milk with gasoline en- gines was difficult, and the company wanted elec- tricity. The dairy farmers could also use electric service for milking and for grinding feed. Fuller also wanted it and the Texas Power and Light Company (TPL) advised him that it would cost $2,500 to bring electricity to Euless. Homer Fuller immediately visited with Tennessee Dairy and I . most of his neighbors and collected the money within a few hours. TPL service began in Euless in September, 1929, over forty-three years after it began in Fort Worth. Fuller volunteered the use 42 j The Hard Years, 1920s-1940s i J of his store as a place for customers to pay their electric bills. Homer Fuller, soon joined by his brother Warren, c. 1927, kept Fuller Brothers Grocery and Feed open twelve hours a day, six days a week, and eventually employed four or five hands. It also sold men's working clothes, shoes, socks, gloves, garden tools, and some hardware, dry goods, and patent medicines. Twenty pounds of sugar or dry beans could be purchased for a dol- lar. One of the Fullers would make three trips weekly in the truck to fetch merchandise, mostly from stores and meatpackers in Fort Worth. They also had cattle and swine slaughtered in Grape- vine. Gulf gas pumps were installed in front of the store. The store was the social center of the com- munity, where neighbors visited every evening. On Fridav the Fullers would dispatch all their checks bv the mailman to the Arlington Bank, since there were no banks in the HEB area. The mailman. implementing rural free delivery beyond the law's requirements, would bring back change the next day. The brothers ran the general store for twenty-nine veal'S, remodeling it three times. The Great Depression of the 1930s drove crop prices down and further disrupted the area's economy. For instance, a prime dairy cow during this time might bring $16. One farmer, unable to sell or feed his shoats, simply released them in front of Fuller's store. Some twenty-five percent of the county population was on relief. President Franklin Roosevelt's New Deal government began raising farm prices in 1933 by curbing produc- tion. Scores of HEB cattle were assigned to the slaughter. The cattle were buried in a twenty-foot ditch near the present intersection of 360 and Air- port Freewav. One cow was buried near the sur- face with a 'leg sticking up, so that one unem- ployed man with a wife and three children could secretly and illegally retrieve some meat for his familv. Along South Pipeline Road in Euless, Ed and Sally Cromer seemed to thrive as farmers despite the hard times. It helped that the Cromers owned a considerable amount of good land and had a knack for retailing. They operated a dairy, raised a varietv of vegetables, and maintained vast fruit orchards. People from surrounding counties and states hauled their produce back by wagon and truck. Peddlers from Dallas would buy peaches for peach brandv. The Cromers supplied Safe- Wav's Dallas stores. Cromer was the village Repub- lican and was angered by the efforts of the Demo- 43 cratic Roosevelt administration to raise farm prices by cutting production. Cromer was one of three men from the Euless area assigned to slaughter a certain number of cattle from each herd in 1933, but could not accept the task and resigned from the group. Euless nurseryman Ross Cannon was another who successfully defied the Depression. As he put it. "During the early thirties I got an itch to see the Chicago World's Fair. Money was short as frog's hair. But rose bushes and shrubs were plentiful." He persuaded American Airlines founder C. R. Smith to swap tickets to Chicago and elsewhere for plantings on his bare office grounds. Still other farmers survived by brewing whis- key in homemade stills and selling it locally. Dur- ing Prohibition, 1919-1933, the nation was legally dry, but there were millions of Americans willing to buy bootleg alcoholic beverages. On one occa- sion prohibition agents caught a Euless farmer with twenty barrels of mash that was ready to brew. They split the barrels open. Hogs got into the mash, however, and the combined stench trav- eled a considerable distance, as did the sound of drunken pigs. Warren Fuller recalled that for a nickle a cus- tomer could buy two loaves of Mrs. Baird's bread or a quart or more of milk, but nickles were hard to come by. Dairy hands, for instance, milked cows about eight hours a day, beginning at 2:00 .\.M., and received $3 a week. One dairy farmer with 200 cows and five or six hands feared he would go under when another employer offered his boys $3.50 a week. Dairy farming was stimulated by ~ew Deal programs that promoted farm diversification and purchased "star boarders and scrub stock" from the farms. Federal money was also plowed into Dallas' Texas Centennial project at Fair Park, where exhibits stimulated considerable consumer interest in dairy products in 1936 and 1937. By the end of the decade Tarrant County was the cen- ter of the biggest milk and butterfat producing area in Texas. A number of farmers and farm hands took jobs with such New Deal work relief agencies as the Works Progress Administration. About fifty of them would congregate on weekday mornings at Fullers' store, 1933-1940, where the government trucks would gather them up and haul them to various road building and other construction projects in the county. They received a dollar a day. With the surveying and paving of present - 44 HURST-EULESS-BEDFORD, HEART OF THE METROPLEX ::&...:-"=- Highway 10 and the slight easing of the Depres- sion in the middle and late 1930s, other busi- nesses dared to open. Jack Robinson opened a cafe just west of Tennessee Dairy. As one of the two places open at night, it attracted teenagers who sipped cokes and played the nickelodian. Lee Byers launched a burger stand with six stools on the southwest corner of present Main and 10. It is now 101 West Euless Boulevard, the Custom Load Works. In the next few years the Fuller brothers and Weaver Birch, the Democratic precinn chairman, opened gasoline stations in the same" area, and Reece Fitch installed gasoline pumps in front of a small grocery store he opened. Earl Stapleton and Andy and Luther Morelock opened garages. The latter was Ray Reed's former business, moved from the southeast to the northwest quadrant of the intersection. Ben Reaves opened an ice house behind the burger stand, buying his ice in Arling- ton, and Curtis Greer installed a barbershop in his house, immediately south of Fuller's store. Greer gave the shop up during the war, and shortly thereafter Fred Gray opened a barbershop in the western half of a new building next to Birch's ga- rage. The Hamrick family unveiled the Euless Va- riety Store in the eastern half, next to the burger stand that Bvers turned over to Ravmond Fuller in . ) the early 1940s. During the winter of 1944-1945, Fort Worth businessman Dave Hawes, anticipat- ing the construction of Amon Carter Field, erected the Euless Lumber Company where it still stands at 200 West Euless Boulevard. Slow growth continued during the war, and in the late 1940s the volunteer fire fighters built the station that stands where the old Woodman Hall used to be on Highway 10 near Main, Wilkes Berry opened a cafe just west of the station, vying with Emma's Cafe in Hurst as the best trucks top between Dallas and Fort Worth. Ernest Allman opened a barbecue-apple pie joint west of the lum- bervard where the Waffle House now stands. The buildings utilized by Birch, Berry, Hamrick, and Gray were erected by Ross Cannon, who owned most of the southwest quadrant of the main inter- section. James Berry maintained a washateria briefly on the east end of the viHage near present Cullum and 10, while Jess Tillery opened one that operated for years at the west end, next to Allman's Barbecue on present Huffman. There were no more than 100 people in the village in 1930 and maybe a few more in 1940. After the stimulus of war, there were perhaps 300 people in Euless (counting Tarrant) by the end of the 1940s. One Euless lad, Billy Eden, was killed in action in the war. Weldon Cannon writes, "About 1950 Ross [Cannon] platted the second addition to Euless (I think the first was by Alexander and Huitt in southeast Euless) along South Main, West Euless Boulevard, and Ross Av- enue. He built rent houses along South Main and Ross Avenue." Euless was growing in the late 1940s, but unforseen problems were awaiting. The Euless First Baptist Church built a new structure in 1922, seating 200, but usually the pas- tors continued to be students at Southwestern Baptist Seminary. Worship services were shared with First United Methodist across the street, with each church providing a preacher every other week. In 1931 a fundamentalist faction under Pas- tor Bert Kimball, admirers of the fiery Fort Worth Reverend]. Frank Norris, split from First Baptist. The Central Baptist Church was established just north of the Methodist Church. First Baptist's membership was cut in half, but eventually revived, and several building additions were completed in the 1940s. The Methodists organized a women's missionary service in 1927 and built a new parson- age in 1951. Wartime growth prompted the found- ing of two or three other small Protestant congre- gations. The churches, along with Fuller's Store, were the social centers of the village. The Euless School continued operating on South Main, usually through the tenth grade. The board of trustees under T. E. Whitener was deter- mined to achieve high school status. An audito- rium was built in 1930. In 1932 power lines were extended south from the business district to the school, an artesian well was dug, and a four-room teacherage was erected to attract and house a new superintendent, his wife, and four teachers. Also launched that year were a Parent-Teacher Associa- tion, a glee club, a literary society, and a dramatic club. The school qualified for eleven grades and high school standing in 1934. State law required twelve in 1941, and Euless High School added one grade and continued to be the only high school in present HEB. The school averaged fewer than two and half graduates per year, 1934-1941, but a lit- tle over nine from 1942-1950. In 1947 a gym was added. Holiday parties as well as money-raising car- nivals, which evolved from the Drama Club's 1932 Halloween program, were traditional highlights of every school year, along with the clubs' events and performances. The first yearbook and news- ~ ,. The Hard Years, 19205-19405 paper began in the 1947-1948 year. Superinten- dent O. B. Powell and eight faculty taught 149 stu- dents in 1947-1948 and 181 two years later. The town of Tarrant faded after the loss of its post office in 1923 and the evacuation of the rail- road section hands about a decade later. It was already smaller than Euless by 1930. Mrs. George Jarvis owned the grocery store in the village's main building during the 1920s. Community ex- citemen t rose in the mid-1920s when Mrs. Jarvis demanded that two teenagers, Lewis Cribbs and Truman Ward, be thrown in jail for allegedly in- serting electric box slugs instead of nickels in the chewing gum machine. The constable determined that they were innocent. Electricity arrived in the village in 1937. It had no more than twenty-five people in 1940. The biggest employer in the Tarrant area was the Fort Worth Sand and Gravel Company (FWSG), organized about 1922, probably absorb- ing some of the efforts of earlier independent op- erators. It excavated the gravel pits along the Trin- ity bottoms south of Euless and Hurst around the clock. The gravel was sized through screens, washed free of sand, and, for a time, loaded by men with shovels into boxcars at sidings below the Tarrant and Hurst depots. Rock Island freight trains picked them up at night. A large washing plant, complete with steam Monoghan draglines, was built in 1929 south of Hurst, just east of present Precinct Line Road across Walker Branch. Marsh Calloway - a little man who walked peculiarly since he had fallen from a water tower and broken his back and legs - owned much of the land and sold gravel to the company by the yard. Calloway soon learned to hire a gravel checker to count the five-yard buck- ets on the Monoghan. Dan Harston's Trinity Gravel Company, working the old Parker tract south of Hurst, was also a sizeable operation in the 1920s and had its own washing plant in the Trinity bottoms south of Parker Cemetery. Bob Harston of Euless served as foreman for brother Dan's company, then later as foreman for FWSG in charge of building railroad spurs. Homer Hurst recalls that building those railroads was the hardest work he ever performed. East of the FWSG washing plant, just south of the current Bell plant, Central Concrete began a smaller sand and gravel operation in the 1930s, and several other small companies were in the area. Some Euless residents dumped trash in the abandoned excavations, and children swam and ...........- 45 rode horses in them. Bonnie and Clyde may have hid out in some of them in the 1930s. The Hurst economy seemed a bit slower than ~:-< Euless' in evolving aw~y from truck farming to- ward dairying. "Huse" and "Em" Hurst inherited lands along present Highway 1 0, including the site of the current Bell plant, and hauled their melons, corn, and plums to Dallas or occasionally Fort Worth. Elbert Souder cross-bred several vari- eties of plums and peaches. Reginald Anderson's family owned about 300 acres bounded bv what is now Redbud Drive on the north, Highw~y lOon the south, Simmons Drive on the east, and a creek west of Precinct Line Road; they invariably carried their produce and milk into Fort Worth t~ sell. As in Euless some farmers were not reallv making their living by farming. Dub Hurst recol- lected that his uncle's 'and father's farms were more noted for their stills than their tomatoes. As a youngster Dub earned $10 a night hauling mash in ten-gallon milk cans from the barrels, where it was fermented, to the stills. The illegal whiskey sold for $10 a gallon. Dub remembered, "There was no other work. . . and it was mostly a case of survival because there was not any money in the country at that time." Occasionally a neighbor would turn someone in and a constable would smash his bottles with an ax. One persistent con- stable was killed by a bootlegger in the Trinity bottoms. Dub believed the biggest problem was that "everyone in the community would steal whis- key from each other." One of his neighbors, a prominent Baptist, confessed years later that he had stolen a five-gallon jug that Uncle Em had hid- den in his pea patch. Em had spent hours search- ing for it, after having swiped it himself. One Riv- erside man maintained a still to the west of the present Bell plant, on the creek next to the old site of the Baptist Church, and chased off boys such as Bill Souder who wanted to hunt squirrels. Square dancing, typically accompanied by drinking and carousing, was an entertainment of the era, but it was frowned upon by most white people. Some dances were held in Homer French's store in Hurst. More dances were held in Mosier Valley, where square dancing was held in higher esteem. Each race maintained its own events and its own fiddlers and string bands. Many of the men in the area met in barns or out in the woods or in Mosier Valley and shot dice, played poker, and bet on bulldog and rooster fights. Perhaps the most surprising facet of these contests was that they were integrated, with black males from Mos- 46 HURST-EULESS-BEDFORD, HEART OF THE METROPLEX ~ ier Valley participating fully. The churches "saved" some men from these sinful activities and mar- riages, e.g. Homer Hurst's marriage to Daisy Smith, saved some. A less benign force also took deadly aim at sin. A wave of fear swept through the U.S. in the 1920s, carried along by a twisted super-American- ism that was violently critical of Catholics, Jews, foreigners, and blacks. Its leading vehicle was the Ku Klux Klan, and in Texas the Klan also sought out bootleggers and gamblers for tar-and-feathers and other punishments. For a time the Klan took over the city governments of Dallas and Fort Worth and was very potent in Texas. The Klan whirled through the HEB area, and tied up and whipped some of Dub Hurst's acquaintances. The movement played out in 1925, but it was a re- minder that rural areas were no longer so isolated from the world. A growing number of settlers evaded farming if they could. T. J. Page moved to Hurst in 1920 and intended to farm, but landed a job with the Fort Worth Post Office. William and Emma Souder as newlyweds in 1920 went to work at the Farmers' Market in Fort Worth and also farmed some. Elijah and Minnie Souder Wilkinson farmed, but "Lige" was also forced to work as an independent plumber during the 1920s and 1930s. Reginald Anderson gave up farming in the 1930s and took a job with the Dallas Post Office. Dub Hurst - among other activities - delivered wagonloads of stove wood to Fort Worth board- ing houses for $5 each and sold cottontail rabbits that he had trapped for twenty-five cents each. He tried farming briefly, then went to work for an oil company in Burkburnett in 1927. Kenith Hurst drove produce trucks. J. c. McCurry was an inde- pendent carpenter, L. W. Oehlschlaeger ran an auto and furniture upholstery shop, and Cy Rickel owned Big Three Welding, all in Fort Worth. Some residents, such as Homer Hurst and Ray Thomas, who was superintendent of the washing plant, worked for FWSG. Tom Dickey's grocery and feed store was the heart of the business community along the west- ern end of the still unnamed main road of the 1920s and early 1930s between Hurst and Euless - roughly present Hurst Boulevard, Brown Trail, Bluebonnet-South Pipeline meandering through to Industrial, and Huffman-Euless Boulevard. Dickey's store and filling station was actually on the railroad near the depot until he moved it a half mile northwest in the 1920s, just west of the M._... ~_~--.. __~ ---""'""""-'"""'-~ Baptist Church, where Trinity Forest Industries is today at 205 West Hurst Boulevard. Dickey pros- pered to the extent that he bought a new car at Slaughter Motor Company in Arlington, August 25, 1924, for $465.40. Nearby, Jack Loughridge's blacksmith shop was still in business early in the decade. Adjacent to the school on the southeast, Huse Hurst opened another grocery as well as a filling station with one hand-cranked pump around 1919, but was more interested in his watermelons and domi- noes and too generous with credit. He closed his store in the mid-1920s. Dickey retired in the early 1930s. Homer French maintained a grocery-feed- gasoline stop just east of the Baptist Church from the mid-1920s until around 1932. There may have been a lumber company south of the school, by the tracks, for a time in the 1920s or early 1930s. E. E. Cunningham installed another small grocery and filling station at present Bluebonnet and Brown Trail in the late 1920s, then moved it to the northeast corner of present Norwood and High- way 10. He rented the grocery to Pryor Reeves in the late 1930s, while selling lumber in an adjacent building to the north. The retail lumber operation was closed about 1940. Around 1944 Cunning- ham built a cinder block building for an Army Surplus store. It still stands at 107-111 East Hurst Boulevard, where Clark's Furniture Refinishing and Brazil's Cleaners are today. George Bolton started a grocery-hardware store around the late 1930s at present 141 East Hurst Boulevard, in the building housing AI's Radiator now, and stayed until about 1950. Each grocery owner had to drive into Fort Worth every few days to stock up on goods. In 1936, with $150, William and Emma Sou- der opened a grocery store at the present site of Tuggle Automotive, 125 West Hurst Boulevard. They spent $75 on the block building, $50 to stock it with groceries, and kept $25 in cash. The Souder store grew to include a service station by 1939 and an adjoining cafe in 1944, with a total of ten employees. The store was open seven days a week and maintained canned goods, meats, veg- etables, and a few hardware items. While Emma managed the business, at first from 6:00 A.~1. to 10:00 P.M., William worked as a carpenter on such projects as the building of the new Hurst School. Emma's Cafe featured large ten cent hamburgers with all the trimmings. Emma's was a favorite cof- fee and lunch stop for Dallas-Fort Worth truckers on present Highway 10, paved in 1939. CITY COUNCIL CC@m", AGENDA BRIEFING 1l..'X::\:;; MEETING DATE: 06/03/03 CITY MANAGER I ITEM #: 7 DEPARTMENT HEAD I ORDINANCE #: 0-03-1406 FINANCE REVIEW I Previous Action: N/A DEPARTMENT: PUBLIC WORKS DEPARTMENT SUBJECT: Approval to amend Section 3A and 3C and Section 4A of the Water and Sewer Policy and Procedure Manual of the City of Colleyville related to the procedure and the fee structure of construction fire hydrant meters First Reading and Public Hearing Over the past few months, City staff has been reviewing the City's regulations related to construction fire hydrant meters. The purpose of the construction fire hydrant meters is to provide for the temporary use of large volumes of water necessary for utility and street construction. In some cases, this temporary use has been extended after construction is complete for periods of up to six (6) months, to serve as a "temporary irrigation system" for the project. The Fire Department has noted that fire hydrants, which are being used for construction, are not readily available, which reduced their performance resulting in an increased risk for citizens, fire personnel and property in the event of a fire. On the basis of this determination, staff conducted a survey of area cities to identify regulations and fees associated with construction fire hydrant meters. Upon review, staff is recommending the following changes to the fee structure for construction fire hydrant meters, to facilitate city operations while improving flexibility for the customer. ~ The minimum bill for water usage would be increased to $60.00 for the first 20,000 gallons of water used. ~ In the event the meter is not delivered to the City for reading, a penalty fee would be imposed, as follows: $100.00 $200.00 $300.00 1 st missed reading 2nd missed reading 3rd missed reading After the third missed reading, the security deposit would be forfeited and the City would revoke the use of the construction fire hydrant meter. Agenda Briefing Ordinance 0-03-1406 Page 2 of 2 >- Evidence of tampering or damage to the meter shall be documented at the time of reading and the customer shall be required to remit an additional security deposit of $750.00 for the use of another meter. This deposit would be applied to the repair of the damaged meter. Upon completion of repair, the remaining monies would be applied to the account, if needed. If there is no outstanding balance on the account, the monies shall be remitted to the customer. >- The customer will be required to provide for any backflow device necessary to meet the current City ordinance for the protection of the City's drinking water supply. >- Construction fire hydrant meters shall only be used within the Colleyville city limits. >- Fire hydrant construction meters shall not be used for servicing permanent irrigation systems. >- The proposed policy and fee changes would become effective six (6) months from the date of City Council approval for current customers and effective immediately for new customers. >- The City of Colleyville, Tarrant County and Texas Department of Transportation (TXDOT) shall be exempt form the provisions of this policy. Financial Impact None Recommendation Approval Attachments . Construction Fire Hydrant Memorandum . Ordinance 0-03-1406 March 27, 2003 Over the past several months, the City staff has been reviewing the city's regulations related to construction fire hydrant meters. The purpose of the construction fire hydrant meters is to provide for the temporary use of large volumes of water necessary for utility and street construction. In some cases, this temporary use has been extended after construction is complete for periods of up to six (6) months to serve as a "temporary irrigation system" for the project. The Fire Department has noted that fire hydrants, which are being used for construction, are not readily available, which reduces their performance resulting in an increased risk for citizens, fire personnel and property in the event of a fire. On the basis of this determination, staff conducted a survey of area cities to identify regulations and fees associated with construction fire hydrant meters. (See attached). Upon review, staff is recommending the following changes to the procedure and fee structure for construction fire hydrant meters to facilitate city operations while improving flexibility for the customer: · Customer will be in possession of and responsible for the meter. · The minimum bill for the water usage would be increased to $60.00 for the first 20,000 gallons of water used. · The use of fire hydrant meters for a project shall be limited to six (6) months. A customer may submit a written request to the Public Works Department for use of a fire hydrant meter for a period longer than six (6) months, subject to City Manager approval. . The use of a connection to a permanent or semi-permanent irrigation system shall be prohibited. A connection used for surface piping shall be limited to day use only. When a meter is connected when not in use, the meter will be removed and the security deposit forfeited. · Customer will be responsible for bringing the meter to the City Hall or Public Works Service Center by the 20th of the month for reading. The customer is required to use a proper fire hydrant wrench for operation of the fire hydrant. · In the event the meter is not delivered to the City for reading, a penalty fee would be imposed, as follows: $100.00 $200.00 $300.00 1 st missed reading 2nd missed reading 3rd missed reading After the third missed reading, the security deposit would be forfeited and the city would revoke the use of the construction fire hydrant meter. . Evidence of tampering or damage to the meter shall be documented at the time of reading and the customer shall be required to remit an additional security deposit of $750.00 for the use of another meter. This deposit would be applied to the repair of the damaged meter. Upon completion of repair, the remaining monies, would be applied to the account, if needed. If there is no outstanding balance on the account, the monies shall be remitted to the customer. . The customer shall be required to provide for any back flow device necessary to meet the current city ordinance for protection of the city's drinking water supply. . Construction fire meters shall only be used within the Colleyville city limits. . The proposed policy and fee changes would become effective six (6) months from the date of City Council approval for current customers. . The City of Colleyville, Tarrant County and Texas Department of Transportation (TxDOT) shall be exempt from the provisions of this policy. Staff would like to request that you provide your comments to the proposed changes to the construction fire hydrant policy by April 15, 2003. If you have any questions or need additional information, you may contact Kelly Howell, Public Works Operations Manager, or Ken Tywater, Utility Superintendent, at 817.540.0609. Thank you for your assistance with this request. xx: Bill Lindley, City Manager Dianne McWethy, Deputy City Manager Keith Fisher, Public Works Manager ORDINANCE 0-03-1406 AN ORDINANCE AMENDING SECTION 3A and 3C AND SECTION 4A OF THE WATER AND SEWER POLICY AND PROCEDURES MANUAL OF THE CITY OF COLLEYVILLE RELATED TO THE PROCEDURES AND FEE STRUCTURE OF CONSTRUCTION FIRE HYDRANT METERS AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the purpose of the construction fire hydrant meter is to provide for the temporary use of large volumes of water necessary for utility and street construction; and WHEREAS, in some cases, the temporary use of the construction fire hydrant meter has been extended after construction is completed for a period of up to six (6) months, for the purpose of serving as a "temporary irrigation system" for the project; and WHEREAS, City Council desires to establish a procedure and fee structure for the construciton fire hydrant meters within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3A of the Water and Sewer Policy and Procedure Manual of the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: Rates for construction fire hydrant meters The use of construction fire hydrant meters shall only be used within the Colleyville city limits. The use of the construction fire hydrant meters shall be limited to six (6) months. A customer may submit a written request to the Public Works Department for use of a fire hydrant construction meter for a period longer than six (6) months, subject to City Manager approval. The minimum bill for the water usage for the construction fire hydrant meter is $60.00 for the first 20,000 gallons of water used. The customer shall be in possession of and responsible for the meter. The customer will be responsible for brin~ing the meter to the City Hall or Public Works Service Center by the 20t of the month for reading. The customer is required to use a proper fire hydrant wrench for operation of the fire hydrant. Sec. 2. Sec. 3. Ordinance 0-03-1406 Page 2 of 3 The customer will be required to provide for any backflow device necessary to meet the current City ordinance for protection of the City's drinking water supply. The City of Colleyville, Tarrant County and Texas Department of Transportation (TxDOT) shall be exempt for the provisions of this policy. THAT Section 3C of the Water and Sewer Policy and Procedure Manual of the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: In the event the meter is not delivered to the City for reading, a penalty fee would be imposed as follows: $100.00 $200.00 $300.00 1 st missed reading 2nd missed reading 3rd missed reading After the third missed reading, the security deposit will be forfeited and the City of Colleyville will revoke the use of the construction fire hydrant meter. THAT Section 4A of the Water and Sewer Policy and Procedure Manual of the City of Colleyville, Texas, which is "Appendix A" to Chapter 11 of the Colleyville Code be amended to read as follows: The use of a connection to a permanent of semi-permanent irrigation system shall be prohibited. A connection used for surface piping shall be limited to day use only. When a meter is connected when not in use, the meter will be removed from the fire hydrant and the security deposit will be forfeited. Any evidence of tampering or damage to the meter shall be documented at the time of reading and the meter shall be kept for repair. The customer shall be reqiured to remit an additional security deposit of $750.00 for the use of another meter. This deposit will be applied to the repair of the damaged meter. Upon completion of repair, the remaining monies will be applied to the account, if needed. If there is no outstanding balance on the account, the monies shall be remitted to the customer. Ordinance 0-03-1406 Page 3 of 3 Sec. 4. THAT this ordinance will become effective six (6) months from the date of City Council approval for current customers and effective immediately for new customers. AND IT IS SO ORDERED The first reading and public hearing being conducted on the day of 2003. The second reading and public hearing being conducted on the day of 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL ell)' Of CC@10 AGENDA BRIEFING IC'.\<L$ MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 8 R-03-2161 CITY MANAGER ' DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the request of Grady Walker for a waiver of water impact fees at 7309 John McCain Road Reading and Public Hearing Grady Walker is the owner of two properties located at 7301 and 7309 John McCain Road. Each property has an existing %-inch water meter, which provides water service to the houses and supplies the irrigation system for each lot. Mr. Walker inquired about installing an additional 1.5-inch meter at each property in order to separate the house water service from the irrigation service. He was advised of the costs of installation by the City, and of the required impact fees associated with the meters. The Colleyville Land Development Code requires the payment of impact fees for water service each time a new water meter and/or tap is set. The impact fee is paid either at the time a meter is requested or at the time of building permit issuance on a vacant lot. Water impact fees are used to finance or recover capital costs for improvements to the water service system that are associated with increased demand on the water system. The amount of the impact fee is based on the size of the water meter, since a larger water meter creates more demand on the water system. The impact fee associated with a 1.5-inch water meter is $5,331 per meter. Since Mr. Walker proposes to set two water meters, the impact required for these properties is $10,662. For comparison purposes, the impact fee for a 1-inch water meter is $2,666. Mr. Walker is requesting a waiver of the impact fees for this property and a letter is attached, which provides additional information. The Land Development Code authorizes the City Council to grant a waiver of the fee. The City Council has granted two requests for a waiver of impact fees, one for a homeowner's association and one for an elderly individual who did not have City water service. Recommendation Denial Attachments · Location map · Information from applicant · Resolution R-03-2161 Location Map ---~;:-------\ ._~:---- \ City of Col/'eyville 5400 Bransford Road Colleyville, Texas 76034 Grady & Zerena Walker 7301 & 7309 John McCain Colleyville, Texas 76034 (h) 817-498-6402 grady. walker@hp.com Subject: Wavier Of Water Impact Fees For Irrigation Meters 27 May 2003 Dear Mayor and City Council My name is :Orody Walker. My wife Zerena and 1 reside at 7309 John McCain and care for my elderly Mother at 7301 John McCain. I submitted a request to add an additional 1.5" water meter at each property for the purpose of separating the irrigation portion of our water service. We currently irrigate both properties, and with the current meter size when irrigaiing, the house water pressure is significantly impacted In addition the time required to Irrigate is extended At the time of the request I met with a Permit Technician who provided a ball park figure on the installation cost. At that time there was a question as to whether the Water Impact Fee was applicable, since this was an existing residence with existing service. The City Service Center was contacted and she was advised that there should not be any impact fees charged In addition in was unclear exactly which Tap and Meter Charges would be assessed. Those would need to come from the City Water Service Team. She also advised me that Sammie Bolling, who normally handles these issues, was on vacation and would prefer if I could work with her. I then met with the City Water Services Supervisors at the center to identify the line location and discuss what I needed We then arranged a time to meet at the property and did so on 5/21/03. We identified the locations and level of effort required They called in the requirements to Sammie and she did a pricing worksheet. I was then informed that I would be assessed a Water Impact Fee on top of the normal service charges which brought the cost to $12,826.00. The services cost for the actual work is $2,164. The cost of the Water Impact Fee is $10,662.00. I was shocked and confused. I understood that I should bear the cost of the actual services but was confused as to the reasonfor the Water Impact Fee. Given we are requesting to separate off the irrigation portion of our service. We are not attempting to add to the amount of impact on the line, since we are, and have been irrigating both properties for quite some time. It was also suggested that we could "upgrade" our meter to a larger size instead of adding the additional separate meters. The cost for the meter upgrades are $8,690.00. The services cost for the actual work is $1, 760. The cost of the Water Impact Fee is $6,930.00. Please note that what is required, the process, for a meter upgrade or meter addition is the same, i. e. a new tap into the water main, replace the line, etc, however, the actual level of effort/risk for the meter upgrade versus adding a new addition meter will be more given their current physical locations. So I am requesting that the Council waive the Water Impact Fees on installing two(2) new water meters for irrigation but assess the Tap and Meter charges. Given these are existing residences that are currently irrigating. - "No added impact". I am requesting the new meters for the purpose of separating the irrigation service. - "Same volume but through separate meters." The process required to upgrade meters versus adding new additional meters are the same. The level of effort to actually upgrade the existing service and meters will be more than installing new additional meters. - "Added cost/risk to the City. " I appreciate your consideration and support in this matter. Rega*\; n .. J rC" / :\.- '. -.,'- ---\----,- : .<-''--. .-- - G~r '2 d ~ .... ~ ' ~ c-. - rJ ~ to () 0 - ~ 0 't- 19 GI 0 't- 0 J) , o GI 0 f'J ::. l-IL ~ r 0l l> 0 - I Ul Ul ~ iii Q-o ... M~ 0 ... ..a ~ r~ II) -t ~t ~ C GI GI III-GI ii:~1L ~ '-- C) ~ rn ... Q) E Q) .. LL Gl D. .... (,) ca a. .E '"C C as :!:: E VJ .. Q) a.. ~ .... 0 ci G) ~ - ca c E 0 ~\ c 0 ;; a 6J rn 'i: o~ W U III GI 0 - c l.,.. - -?- >< 91 <::C :;; ~ \- .:;. rl ::. ~ - .>. ~ - ~ - .() ~ end CD<( -0 Q) a> mill D.J: CL III II Q) I- .. ca Q) .. Q) ,5 IL CIl ... GI Gl ... ~ Ui Q) Gl ca ... 0 C") U IL 3: 'iij w 0 GI III IL GIg 0 !l ... II 0 Gl CL ... U "C CL III II IL ~ U ~:;Q) III C:! III III III ~ Gl GI E IL. 0 GI "C CL CL S III II) Q) CL 0 l!! >< ;!:: C") Q) c >- ~ .5 .cQ)~ III 0 0 +:l E IL III I- ~ III -. III rn o"CII) CD CD Gi ...r ~ -I ~ .. .= .. ';: w 0 .. Q) .. ~ III Q) "C .. Q. E .ll: "C Q) Gl-Q) :I !l 'ii III ... ~ ~ ~ U III .. III "'Uu 0 GI ... Q) III 0 GI Q) C U Gl 0 Q. Q. ~ 3: II) 0 :::E:::'III II) II) ~ :::E l- Clay ton Husband,AICP Development Coordinator City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Grady & Zerena Walker 7301 & 7309 John McCain Colleyville, Texas 76034 (h) 817-498-6402 grady. walker@hp.com Subject: Wavier Of Water Impact Fees 27 May 2003 Dear Clayton Thank you so much for all of your assistance and support. As per your request I have written a letter to the Mayor and Council outlining the details of my request. I have also met with Sammie Bolling and she has provided a detailed breakout of the "Estimate of Permit and Impact Fees". A transcribed copy of her worksheet is attached I understand that you will now assemble the request, supporting materials and city perspective, to be included as an agenda item for the next Council meeting. If there is anything else you require, or needs clarification, please call or e-mail me directly. //' "\ ReI'as. . .// ....---- \.." . ~~ -..-~'" Grady Walker RESOLUTION R-03-2161 A RESOLUTION APPROVING A REQUEST FOR A WAIVER OF WATER IMPACT FEES FOR 7301 AND 7309 JOHN MCCAIN ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the water impact fees for 7301 and 7309 John McCain Road are hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor CITY COUNCIL Ci[r Of ~ CC~~nce AGENDA BRIEFING "TL~....~$ MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 9 R-03-2162 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW i NA Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval of a donation of a Street Clock for the Colleyville City Hall and Colleyville Public Library Plaza from the Colleyville Rotary Club Reading and Public Hearing The Colleyville Rotary Club desires to donate a 4-faced Street Clock, valued at approximately $8,500, to the Colleyville City Hall and Colleyville Public Library Plaza. The Street Clock manufacturer is The Fancy Street Clock and Light Company, Inc. The Street Clock will be constructed of heavy cast aluminum, with a face diameter of 2 feet and is 15 feet 7 inches tall, and will be burnished copper. The words, "City of Colleyville" and the Colleyville Rotary logo will be placed on each of the faces of the clock. The Colleyville Rotary Club will be responsible for all costs associated with the purchase, delivery and installation, including electrical, for the Street Clock. Staff has worked with Brinkley Sargent Architects to identify the location for the placement of the Street Clock in the plaza. Ratcliff Constructors, Inc., has been requested to provide cost information related to the installation of electrical for the Street Clock. Rotarians Don Johnston and Dale Gamble will be present at the meeting to provide information to the City Council concerning this donation request. Financial Impact None Recommendation Approval Attachments . Street Clock Information . Resolution R-03-2162 I 2-Faced 11-1/2' Tall Pedestal Clock (weight - 135 lbs.) 2-Sided W all- Mounted Clock (with arm) (weight 751bs.) I-Sided Flat Wall-Mounted Clock (weight 55 Ibs.) I I I I I I \ 4-Faced 15' 7" Tall Pedestal Clock (weight 400 Ibs.) General Specifications . Very heavy cast aluminum (will not rust) . "1 piece . All electric (llOv) . Pre-wired - ready to hook up . All components UL approved . Face diameter: 2 feet . Lexan covers over faces . Extremely reliable . Entry door to set time . Built to last many lifetimes. . Warranted . Arabic or Roman numerals . Inside or outside use . Weather proof . Suitable for climates / temperatures · Lighting (optional: additional $200 per face) · Colors: antiqued (greenlblack patina) satin black custom colors - upon request .,\ion.\: SPECIFICA TIONS LIGHTING OPTION THE NEW MODERN LIGHTING SYSTEMS ARE "NEON HALO GLOW'. THE EFFECT IS A SOFTER AND MORE ELEGANT GLOW PLUS THE BULB WILL LAST MUCH LONGER THAN THE OLD-FASHIONED BACK-LIGHTING SYSTEMS. IF SERVICE IS EVER REQUIRED ANY LOCAL NEON SHOP CAN REPAIR IT. LOGO OPTION : XII I -1 12 1 XI · .. -4:\ IN . ,~~~\\lnglo~ II .,10 'Q;'-J C~ 2 .IV 111.9 3 VIII~Q/Jt ~~~IV'8 ~ PaW 4 VII ~I V 1 6 5 PERSONALIZE YOUR CLOCK BY PUTTING YOUR LOGO, NAME AND/OR ADDRESS ON THE FACE OR THE SCROLLED PLATE. . . OR BOTH CHOOSE EITHER: ROMAN OR ARABIC NUMERALS RESOLUTION R-03-2162 A RESOLUTION APPROVING A DONATION OF A STREET CLOCK FOR THE COLLEYVILLE CITY HALL AND COLLEYVILLE PUBLIC LIBRARY PLAZA FROM THE COLLEYVILLE ROTARY CLUB WHEREAS, the Colleyville Rotary Club desires to donate a 4-faced Street Clock to the Colleyville City Hall and Colleyville Public Library Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby approves the donation of a Street Clock for the Colleyville City Hall and Colleyville Public Library Plaza from the Colleyville Rotary Club. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor CITY COUNCIL (C6<e AGENDA BRIEFING ","~~,,$ MEETING DATE: 06/03/03 CITY MANAGER i ITEM #: 10 DEPARTMENT HEAD RESOLUTION #: R-03-2163 FINANCE REVIEW Previous Action: N/A DEPARTMENT: ENGINEERING SUBJECT: Approval of the Design Contract with Halff and Associates, for the Cottonbelt Trail, Phase II, in the amount not to exceed $46,590 First Reading and Public Hearing In 1999, the cities of Grapevine, Colleyville and Hurst prepared, submitted and received a TEA-21, Congestion Mitigation and Air Quality Improvement Program (CMAQ) grant for the design and construction of the Cottonbelt Trail, Phase II, bikeway and pedestrian project. The Colleyville project will include construction of approximately 2,400 linear feet (.45 mile) along the Cotton belt DART railroad right-of-way. This project will complete the Colleyville section of the trail from Station 330 (Bettinger Road) to the Colleyville city limit at Hurst. The Hurst project will include construction of approximately 5,150 linear feet (.97 mile) of Hurst's segment of the Tarrant Veloweb alongside the DART Railroad right-of-way connecting Grapevine, Colleyville, Hurst and North Richland Hills to adjacent neighborhoods, schools, parks, employment and retail businesses. The cities of Colleyville and Hurst interviewed four (4) firms for the architectural and engineering services for construction of the Cottonbelt Trail, Phase II. Drainage, culverts, erosion control measures, clearing and grubbing of existing vegetation and fence relocation are also part of these services. The four firms were Freese and Nichols, Halff Associates, Inc., Shrickel Rollins and Associates, Inc., and Teague Nail and Perkins. Upon completion of interviews, the cities selected Halff and Associates, Inc., based upon the following: hike and bike trail design experience, TXDOT experience and the research and input for the architectural and engineering design of the proposed trail. Financial Impact The total estimated construction cost for Cottonbelt Trail, Phase II, is $1,228,055, with $339,127 for the Colleyville segment. The total cost for the Halff and Associates, Inc., design contract for the Colleyville portion is $45,960. Funding is available from the TEA-21 funds, the Parkland Dedication Fund and the Voluntary Park Fund. Agenda Briefing Resolution R-03-2163 Page 2 of 2 Recommendation Approval Attachments . Resolution R-03-2163 RESOLUTION R-03-2163 A RESOLUTION APPROVING A DESIGN CONTRACT WITH HALFF AND ASSOCIATES, FOR THE COTTONBEL T TRAIL, PHASE II WHEREAS, the City of Colleyville has adopted the "Colleyville Pathways: a Citywide Trail System Plan" that, when completed, will serve to connect the strategic points throughout the City; and WHEREAS, the Cotton belt Trail serves as the spine of the City of Colleyville trail system plan; and WHEREAS, the cities of Colleyville and Hurst received a TEA-21, Congestion, Mitigation and Air Quality Improvement Program (CMAQ) grant for the design and construction of the Cotton belt Trail, Phase II project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby approves the design contract with Halff and Associates, hereby attached as Exhibit "A", for the Cottonbelt Trail, Phase II, in the amount not to exceed $46,590. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor EXHIBIT" A" ENGINEERING SERVICES CONTRACT STATE OF TEXAS, ~ COUNTY OF TARRANT, ~ THIS CONTRACT AND AGREEMENT made and entered into this _day of _2003, by and between the City of Colleyville and City of Hurst, municipal corporations of Tarrant County, Texas, hereinafter referred to as "Cities" and/or "Owners" and Halff Associates, Inc., hereinafter referred to as "Engineer". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: Employment of Engineer: The Cities hereby employs the Engineer and the Engineer agrees to perform certain professional surveying and engineering services, hereinafter set forth, necessary for the design of improvements to the Owners' trail and drainage system, the location and extent of which is as follows: Cottonbelt Trail- Phase II This project is located within the City limits of Colleyville and Hurst, Tarrant County, Texas, and hereinafter is referred to as the "Project". The services provided by the Engineer are incorporated in Section I, Scope, Character, and Outline of Services. The Engineer shall furnish and pay for all service, labor, tools, materials, equipment, supplies, transportation, personnel and management necessary to perform the work, upon and subject to the terms, conditions and provisions of this Agreement. It is the intention of the Parties that the City of Hurst and the City of Colleyville shall have exclusive control over those portions of the Project which lie within their respective city limits. Where this agreement gives the "Cities" any right, privilege or duty, the Agreement is to be construed as giving the City of Hurst that exclusive right, privilege or duty within its city limits, and the City of Colleyville that exclusive right, privilege or duty within its city limits. The Cities may at any time stop any services by the Engineer upon giving the Engineer five (5) days prior written notice. The Engineer will be paid for all services properly performed prior to the effective date of termination. The City of Colleyville shall be the Engineer's primary Point of Contact. All correspondences, review comments, approvals, design modification requests, contract modifications, and etc. shall be transmitted from the City ofColleyville to the Engineer. I. SCOPE, CHARACTER, AND OUTLINE OF SERVICES The scope of this project includes the surveying and engineering services required to assist the Cities in the design of the Cottonbelt Trail Phase II. This project will include approximately 7,550 linear feet of trail along the Cottonbelt DART railroad right-of-way and other identified right-of-ways and easements. This work plan has been divided into the following four phases: Phase I - Schematic and Preliminary Design A-I Phase II - Site Investigations and Field Surveys Phase III - Final Design Phase IV - Contract/Construction Administration The scope of services to be performed in each phase is outlined in Attachment "A" of this Contract. II. REVISIONS TO PLANS & SPECIFICATIONS The Engineer shall be responsible for the professional quality, technical accuracy, and the service furnished under this Service Contract. The Engineer shall, without additional compensation, correct or revise any negligent errors or deficiencies in such services and instruments of service. The Engineer, as part of the scope of services, must produce a plan, which is approved by the cities. Neither the Cities' review, approval or acceptance of, nor payment for, any of the work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Engineer shall be and remain liable to the Cities in accordance with applicable law for all damages to the Cities caused by any defects or deficiencies in the Work or Engineer's negligent performance of the Work. The rights and remedies of the Cities under this Agreement are in addition to any other rights and remedies provided by law. The Cities reserves the right to direct substantial revision of the plans, special provisions and specifications after due approval by the Cities as the Cities may deem necessary, but in such event the Cities shall pay the Engineer just and equitable compensation for services, rendered in making such revisions. In any event, when the Engineer is directed to make substantial revisions under this Section of the Contract, the Engineer shall provide to the Cities a written proposal for the entire costs involved in providing the Cities with such revisions including special provisions and the time required to complete the various phases involved in the revisions. Prior to the Engineer undertaking any substantial revisions as directed by the Cities, the Cities must authorize in writing the nature and scope of the revisions and accept the method and amount of compensation and the time involved in all phases of the work. III. COMPENSATION TO ENGINEER A. The Cities agrees to pay the Engineer for Basic Services, as outlined in Attachment "B" of this Contract. The City of Colleyville agrees to pay the Engineer $25,900 and the City of Hurst agrees to pay the Engineer $55,500 for Basic Services. The total Basic Design Fee is in the amount of $81,400. B. All costs associated with Special Services (including Contract/Construction Administration) as defined in Attachment "A" of this contract, shall be paid to the Engineer by the Cities at an hourly billing rate in accordance with Exhibit "C". The City of Colleyville agrees to pay the Engineer $20,700 and the City of Hurst agrees to pay the Engineer $44,000 for Special Services. The total Special Services Design Fee is in the amount of $64,700. In no event, unless mutually agreed to in writing by the Parties hereto, shall such cost associated with each Special Service exceed the amount defined in Attachment "B" of this contract. A-2 The total Basic Design Fee and not-to-exceed Special Services Fee is $146,100. C. The Engineer shall invoice each City for services rendered. The Engineer shall bill each City 100% of work performed respectively, of the total amount invoiced for services rendered to date. The project shall be billed monthly. Basic Design Fee (Lump Sum) services shall be invoiced based on percentage complete for the period. Special Services shall be invoiced on an hourly basis at the Engineer's standard billing rates. IV. TIME FOR COMPLETION In the event the Engineer fails to comply with the foregoing time schedule and the Cities elect to terminate as a result of such default, the Engineer shall pay all costs and damages caused by the termination. The Engineer shall not be responsible for delays which are not attributed to there work. Engineer agrees that time is of the essence and shall complete and submit all work required by Cities as follows: 1. Phase I - Schematic and Preliminary Design completed in ninety (90) calendar days from receipt of signed contract as notice to proceed. 2. Phase I - Review/Approval by Cities completed in fifteen (15) calendar days from receipt of Schematic and Preliminary Design. 3. Phase II - Site Investigations and Field Surveys completed in sixty (60) calendar days from receipt of Cities approval of Phase I. 4. Phase II - Review/Approval by Cities completed in fifteen (15) calendar days from receipt of Site Investigations and Field Surveys. 5. Phase III - Final Design completed in ninety (90) calendar days from receipt of Cities approval of Phase II. 6. Construction control staking within twenty (20) calendar days of Cities' written request. Calendar days shall commence when this Contract is executed and shall terminate when the Cities have approved the plans as being final. No extensions oftime shall be granted unless a written request is submitted by the Engineer, and such request is approved in writing by the Cities. The Engineer shall perform all work in a proper, efficient and professional manner in accordance with the Cities' requirements. As time is of the essence, the work shall be completed within the time period specified. In order to assist the Cities in monitoring progress of the engineering work, the Engineer will attend bi-weekly progress meetings as directed by the Cities. In the event the Engineer's performance of this Agreement is delayed or interfered with, through no fault of Engineer, by acts of the Cities, or others, the Engineer may request an extension oftime for the performance of same as herein provided, but Engineer shall not be entitled to any increase in fee or price or to damages or additional compensation as a consequence of such delays unless the Scope of Work changes. Notwithstanding the statements regarding schedule which are contained above it is imperative that the Cities understand, and by this agreement it is acknowledged that the Engineer will perform its services with due and reasonable diligence consistent with sound professional practices. The Engineer furthermore acknowledges the importance of the Cities' schedule and agrees to put forth reasonable efforts to comply with that schedule. A-3 V. OWNERS' RESPONSIBILITIES Owners shall provide all criteria and full information as to Owners' requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgeting limitation, and furnish copies of all existing plans for improvements within the project area. The Engineer shall be entitled to rely upon the accuracy and completeness of the information provided. Owners shall designate in writing a person to act as Owners' Representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owners' policies and decisions with respect to materials, equipment, elements, and systems pertinent to Engineer's services. VI. CONTRACT TERMINATION PROVISION The City of Colleyville or the City of Hurst may terminate their portion of this Contract at any time, without penalty or liability except as may otherwise be specified herein. Payment to the Engineer for completed services will be as provided for in Section III, Compensation to Engineer, ofthis Contract. VII. ENGINEER'S COORDINATION WITH OWNER The Engineer shall attend bi-weekly conferences with the Cities, or the Owners' Representatives, so that the Project can be designed with full benefit of the Owners' experience and knowledge of existing needs and facilities and be consistent with current policies and construction standards. The Cities shall make available to the Engineer all existing plans, maps, field notes, and other data in his possession relative to the Project. The Engineer may show justification to Cities of changes in design from Cities' standards due to the judgment of said Engineer, of a cost savings to Cities, and/or surrounding topographic conditions. VIII. RIGHT TO INSPECT BOOKS The Cities or their designees shall have the right to inspect and/or audit all books, records, accounts, or any other materials within the possession or control of Engineer or its agents related to the performance of this Agreement for a period of two years after completion of the Contract. Such inspection or audit may be conducted at Engineer's place of business at all times from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. IX. SUCCESSORS AND ASSIGNMENTS The Cities and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Contract and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this agreement. Except as elsewhere herein provided, neither party hereto shall assign or transfer its interest herein without the prior written consent of the other. X. A-4 ENGINEER'S LIABILITY Acceptance of the final plans by the Cities shall not constitute nor be deemed a release of the responsibility and liability of said Engineer, its employees, associates, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by the Cities for any defect in the designs, working drawings, specifications, or other documents prepared by said Engineer, its employees, subcontractors, agents and consultants. XI. INDEMNIFICATION Engineer shall and does hereby agree to indemnify and hold harmless the City of Colleyville and the City of Hurst, their officers, agents, and employees, from any and all damages, loss or liability, including reasonable attorney's fees and costs of defense, by reason of death or injury to property or third persons caused by the negligent error, omission, or act of Engineer, its officers, agents, employees, invitees or other persons for whom it is legally liable, with regard to the performance of this Contract. XII. USE AND DELIVERY OF SERVICES All services and instruments of service prepared, performed or provided by Engineer under this Agreement or in the course of the work shall be subject to approval by the Cities. All instruments of professional service shall be sealed as may be required by law or by the Cities. Such services and instruments of service, together with necessary supporting documents, shall be delivered to the Cities, and the Cities shall have unlimited rights therein, including the right to use same on any work of the Cities without additional cost to the Cities. The Engineer is not responsible for the goods and services provided when used for other than the project outlined in this Contract. Upon completion of the Engineer's services the Cities shall be the owner of the approved plans. The Engineer agrees to and does hereby grant to the Cities a royalty-free license to all such services and instruments of service which the Engineer may cover by copyright or to which the Engineer may assert any rights or establish any claim under the design, patent or copyright laws. XIII. INSURANCE The Engineer shall provide the following insurance: A. The Engineer shall provide and maintain Workers' Compensation and Employer's Liability Insurance for the protection of the Engineer's employees, as required by law of any employer. The Engineer shall also provide and maintain in full force and effect during the time of this Agreement, insurance (including, but not limited to, insurance covering the operation of automobiles, trucks and other vehicles) in a company satisfactory to the Cities, protecting the Engineer and the Cities against liability from damages because of injuries, including death, suffered by any person or persons other than employees of the Engineer, and liability or damages to property, arising from or growing out ofthe Engineer's operations in connection with the performance ofthis Agreement. B. Such insurance covering personal and bodily injuries or death shall be in the sum of not less than One Million Dollars ($ I ,000,000) for one (1) person, and not less than One Million Dollars ($1,000,000) for anyone (1) occurrence. Insurance covering damages to property shall be in the sum of not less than Five Hundred Thousand Dollars ($500,000) for anyone (1) occurrence, and A-5 Five Hundred Thousand Dollars ($500,000) aggregate. C. The Engineer shall if applicable also provide and maintain Professional Liability Insurance coverage to protect the Engineer and the Cities from liability arising out of the negligent performance of professional services, if any, under this Agreement. Such coverage shall be in the sum of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) in the aggregate. D. A signed Certificate of Insurance, satisfactory to the Cities, showing compliance with the requirements of this Section shall be furnished to the Cities before any services are performed under this Agreement and shall further indicate that each and every policy for liability insurance coverage as required herein includes a "Contractual Liability Coverage" endorsement covering the Agreement under this Section. Such Certificate of Insurance shall provide for thirty (30) days written notice to the Cities prior to the cancellation or non-renewal of any insurance referred to therein. XIV. APPLICABLE LAWS The Engineer shall make reasonable efforts to comply with all known Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and construction codes of which the Engineer has actual knowledge or could reasonably be expected to have actual knowledge which relate to or are applicable to the professional services to be performed under this Agreement. The Cities agree to make the Engineer aware of any ordinances, safety orders and codes which are promulgated by the Cities or for which the Cities have knowledge that relate to or are applicable to the professional services to be performed under this Agreement. A-6 XV. AGREEMENT The Cities and the Engineer each binds themselves, their partners, successors, executors, administrator and assigns to the other party to this Contract. EXECUTED this day of ,A.D., The City of Colleyville signing by and through the authorized to execute same by Resolution No. day of , adopted by the City Council on the , attesting by the City Secretary, the City of Colleyville, and , has caused this instrument to be executed by its duly authorized officials. CITY OF COLLEYVILLE By: Attest: City Secretary Mayor ENGINEER: HALFF ASSOCIATES INC. By: Troy Lynn Lovell, PE Vice President Attest: Michael A. Moya, PE A-7 EXECUTED this day of The City of Hurst signing by and through the authorized to execute same by Resolution No. day of ,A.D., , adopted by the City Council on the , attesting by the City Secretary, the City of Hurst, and _, has caused this instrument to be executed by its duly authorized officials. CITY OF HURST: By: Allan Weegar, City Manager Attest: Recommended: Allan Heindel, Deputy City Manager Approve as to Form and Legality this . day of ,2003. City Attorney ENGINEER: HALFF ASSOCIATES INC. By: Troy Lynn Lovell, PE Vice President Attest: Michael A. Moya, PE A-8 ATTACHMENT "A" SCOPE OF SERVICES COTTONBEL T TRAIL, PHASE II Colleyville and Hurst, Texas PROJECT DESCRIPTION: The project consists of two segments, one in the City ofColleyville and one in the City of Hurst. The Colleyville segment consists of approximately 2,400 linear feet along the Cottonbelt DART railroad right-of-way and other identified easements/right-of-ways. The Colleyville segment runs from the vicinity of the intersection ofL.D. Lockett Road and Bettinger Road to the Colleyville-Hurst city limit. The Hurst segment consists of approximately 5,150 linear feet along the DART railroad right-of-way and in easements adjacent to the TXU right-of-way. The Hurst segment runs from the Colleyville-Hurst city limit to east right-of-way of Precinct Line Road. The following scope of work and associated fees are based upon the aforementioned project limits and a total estimated construction cost of $1 ,228,055 ($340,211 for Colleyville segment and $887,844 for Hurst segment). Changes in these assumptions may require additional services beyond this contract. I. PHASE I - SCHEMATIC AND PRELIMINARY DESIGN A. Data Acquisition 1. Meet with City staff, TxDOT and DART personnel to establish objectives, project procedures and design criteria including but not limited to AASHTO guidelines, ADA requirements, drainage, bridge design and load requirements. 2. Obtain available project information including: a. Grant Application. b. Tarrant Appraisal District (TAD) ownership maps. c. City of Colleyville and City of Hurst digital topography. d. Record Plats (or Deeds where property is not platted). e. City benchmark and control information. f. Road Plans (L.D. Lockett Road and Precinct Line Road). g. DART rail plans. h. Corps of Engineer's Wetland Maps, if available. 1. Latest FEMA Flood Plain/Flood way Maps, profiles and models. J. Plans and profiles of existing utilities in the proposed trail corridor. k. TxDOT Special requirements and procedures. 1. Cottonbelt Trail Phase I Drawings. m. City (Colleyville and Hurst) Details and Standards. B. Field Investigation 1. Conduct a field reconnaissance of the corridor to identify opportunities and constraints for the proposed trail alignment. Cottonbelt Trail - Phase II Page A- 1 Scope of Work 2. Identify design constraints including: road crossings, creek crossings, locations of sensitive vegetation or wildlife species, potential wetland impacts, access points for construction, security, emergency and maintenance vehicles, potential trail users, connections to neighborhoods, future trails and road networks. C. Property/ROW Surveys (Special Service) 1. Research adjacent property/easement information from record plats and deeds in order to delineate property and Right-of-Way boundaries. 2. Field tie property cornerslROW. 3. Prepare a survey work map showing property and Right-of-Way information from deeds and plats of adjacent properties. (This task does not include the preparation of a boundary survey). D. Coordination 1. Coordination and Meetings with City of Colleyville and City of Hurst. 2. Coordinate with, locate and identify requirements of: a. TxDOT concept plans at Precinct Line Road crossing b. DART right-of-way and special requirements c. TXU right-of-way and special requirements d. Explorer Pipeline special requirements e. Telecommunication (Sprint, etc.) utilities f. Other known utilities that may affect the project alignment g. Corps of Engineers Section 404 permit requirements E. Preliminary Alignment 1. Consolidate the collected data, grant requirements, design parameters, and conceptual trail alignment to develop and refine schematic trail layout. 2. Prepare schematics of proposed trail alignment utilizing City of Colleyville 1987 scanned topography and City of Hurst 2000 aerial topographic digital base maps. 3. Set a location for the bridge crossing at Little Bear Creek. 4. Walk the preliminary trail alignment with City, TxDOT and DART staff. 5. Halff will revise schematic trail alignment incorporating comments from field visit with agencies. 6. Prepare itemized statement of probable construction cost including contingencies based on preliminary alignment. F. Environmental Investigations (Special Service) 1. Prepare a Categorical Exclusion (Cat X) using TxDOT's latest format. The Categorical Exclusion (Cat X) will describe the existing environmental conditions within the study area and document the environmental consequences of building the Cottonbelt Trail - Phase II Scope of Work Page A- 2 proposed hike and bike trail. The Categorical Exclusion (Cat X) will be prepared by a team of engineers and environmental scientists. 2. A cultural Resource Survey will be conducted, including any type of archaeological work required for the approval of the Categorical Exclusion. 3. Incorporate or address comments from City, TxDOT, DART, and Corps of Engineers into Categorical Exclusion (Cat X). 4. Determine possible Corps of Engineer's Section 404 permit requirements and prepare a wetland determination submittal to Corps of Engineers if required. G. Meetings (Special Service) 1. Attend two (2) informal meetings for Public Input; one (1) meeting of Parks and Recreation Advisory Board at each City and one (1) meeting of City Council at each city. 2. Prepare schematic illustration(s) of proposed conceptual trail route for presentation at informal meetings in Colleyville and Hurst. 3. Attend informal meetings in Colleyville and Hurst. Assist the City of Colleyville and City of Hurst in conducting the informal meetings. Document questions and issues discussed. Note, documentation of the Informal Meeting will not include a video/audio transcription 4. Attend biweekly project meetings, as appropriate, located at a single site designated by the Cities. II. PHASE II - SITE INVESTIGATIONS AND FIELD SURVEYS A. Field Surveys (Special Service) 1. Establish a system of benchmarks and controls for field surveys and for later use in construction. Note, Benchmark system shall tie into Cities current GIS benchmark system. 2. Upon approval of the Categorical Exclusion (Cat X) and receipt of Corps comments, conduct a limited topographic survey (horizontal and vertical) to supplement City topographic maps. This alignment survey shall include a profile of the proposed trail. In addition, this survey would include existing features in the trail that would affect proposed construction including: telephone poles, power poles, other utilities located on or above the ground surface, fences, retaining walls, water meters, manholes, vaults, sprinkler heads, structures, trees (3" or larger), etc., within 25-feet of the centerline of the proposed trail. 3. Establish Proposed Easement Location (Special Service) a. No easements are anticipated under this scope of services. B. Geotechnical Investigation (Special Service) 1. Obtain two (2) soil borings at the proposed creek crossing. Depth of boring shall be determined by the geotechnical engineer in order to establish appropriate foundation design recommendations. Obtain three (3) borings along the proposed alignment at Cottonbelt Trail - Phase II Scope of Work Page A- 3 a depth of up to ten-feet or as determined by the geotechnical engineer to establish appropriate pavement design recommendations. 2. Conduct laboratory investigation to evaluate soil properties and parameters required for design and construction. 3. Prepare report of geotechnical investigation. Include recommendations for bridge foundations, estimates of differential settlement, and special construction requirements. C. Hydraulic Analysis (Special Service) 1. Investigate the need for filing of FEMA Conditional Letter of Map Revision (CLOMR). Note, a CLOMR application will not be filed. 2. Prepare flood plain hydraulic analysis of proposed bridge to determine computed flood elevations, channel velocities, etc. This analysis will be prepared using the record FEMA hydraulic model supplemented with additional cross sections taken from topographic maps and field surveys (survey for this item included in Item II.A.2). 3. Prepare brief report of results. III. PHASE III - FINAL DESIGN A. Finalize Trail Alignment 1. Compile information from preliminary design, field surveys, environmental assessment, public meeting, and City, TxDOT, DART, TXU, Explorer and Sprint comments to prepare final trail alignment. 2. Prepare plan and profile sheets at a horizontal scale of I-inch to 50-feet, utilizing Colleyville and Hurst topography in conjunction with supplemental field surveys for base mapping. Design criteria shall be in accordance with the AASHTO Guide for Development of Bicycle Facilities. Plan sheets will include: a. Horizontal alignment and centerline curve data. b. Horizontal location of all improvements within 25-feet of the trail centerline. c. Right-of-way and property lines (within limits of plan view). d. Horizontal control monuments. e. Addresses and lot and block numbers of adjacent properties. f. Locations of overhead and underground utilities crossing the trail (these locations will be based on available record information). g. River Crossing h. Finalize location, size, and length of proposed bridge. 1. Determine the required type and span of bridge at the crossing. A pre-fabricated truss type bridge as manufactured by Continental Bridge will be used. J. Prepare structural design of bridge foundations. k. Typical Sections/Details 3. Prepare trail typical sections details as required for construction of the project. 4. Prepare typical trail pavement detail (based on Geotechnical recommendation). Cottonbelt Trail - Phase II Scope of Work Page A- 4 5. Prepare drainage details. 6. Prepare transitions to streets, walkways and bridges. 7. Prepare bridge foundation details. 8. Assemble and modify (as required) TxDOT standard sheets. 9. Traffic Control Plan 10. Prepare Traffic Control plan for Precinct Line Road. 11. Prepare Traffic Control plan for LD Locket Road B. Storm Water Pollution Prevention Plan (SWPPP) (Special Service) 1. Prepare SWPPP based on TxDOT standard details and format. C. Signage/Pavement Marking 1. Design trail signage and pavement markings according to the TMUTCD and AASHTO guidelines. 2. Design street signage and pavement markings at Precinct Line Road and LD Locket Road, according to the TMUTCD and AASHTO guidelines. D. Coordinate with Utility Companies 1. Notify utility companies about project 2. Transmit plans appropriately. E. Specifications 1. Prepare special provisions and technical specifications in conformance with TxDOT Standard Specifications for Construction of Highways and Public Transportation. F. Final Submittal 1. Revise the statement of probable construction cost based on final design 2. Submit final plans and specifications to Cities, TxDOT, DART, and Explorer Pipeline for review and approval. 3. Prepare a detailed contract time estimate work sheet to determine the approximate time (working days), based on TxDOT definition. Advise Cities on phasing and sequencing of construction. 4. Incorporate or address final review comments and revise final drawings and specifications. 5. Transmit final Plans and Specifications to Cities and TxDOT. 6. Submit digital copies of Final Plans to both Cities using the City of Hurst CADD Standards. Cottonbelt Trail- Phase II Scope of Work Page A- 5 IV. PHASE V-CONTRACT / CONSTRUCTION ADMINISTRA TION (Special Service) A. Bidding and Contract Documents 1. Provide for bidding, upon request by the Cities, up to twenty (20) sets of blue line prints of the "final" approved and dated construction drawings. Twenty (20) sets of the Project Manual containing the proposal, special provisions, specifications, and contract documents will also be provided. The Engineer will be responsible for the issuance of sets of documents to interested Contractors from the Engineer's office. 2. Assist the City in the advertisement of the project for bids. 3. Attend pre-bid conference. 4. Tabulate bids and recommendation of award of contract. 5. Attend pre-construction meetings. B. Survey Control Staking 1. Establish major survey control (one time only). The Contractor will be responsible for construction staking on the project. The Engineer will provide survey control staking as follows: a. Verify the monuments set for horizontal and vertical control. b. Re-establish, if necessary, at a maximum interval of six hundred feet. C. Contract Administration 1. Conduct a maximum of four (4) periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. Detailed daily construction inspection will be performed by City personnel. In performing these services, the Engineer will endeavor to protect the Owners against defects and deficiencies in the work of the Contractor, but cannot guarantee the performance of the Contractor, nor be responsible for the actual supervision of the construction operations or for the safety measures that the contractor takes or should take. 2. Review bridge shop drawings and bridge foundation steel reinforcement shop drawings. 3. Consult and advise with the Owners; issue instructions to the Contractor as requested by the Owners; and prepare and issue routine change orders with Owner's approval. 4. Conduct, in company with the Owner, a final inspection of the Project for compliance with the Contract Documents, and submit recommendations concerning project status, as it may affect Owners final payment to the Contractors. 5. Prepare record drawings based on city inspector/contractor "red line" drawings. Cottonbelt Trail - Phase II Scope of Work Page A- 6 Scope of Work Qualifiers and Assumptions 1. Schematic design (Phase I) will be based on a single alignment. 2. Acquisition of right of way or easement documents is not included. 3. Utility relocations, designs or coordination is not included. 4. Lighting or illumination plans are not included. 5. Wetland mitigation plans are not included. 6. Submittals or coordination with FEMA are not proposed or included. 7. City and TxDOT documents, plans, detail and standard sheets, required specifically for this project, will be provided at no charge to the consultant. 8. Building Permits or Platting are not included. 9. Slope protection design is not included except erosion control at proposed bridges. 10. Slope stability analysis is not included. 11. Design of access gates are not included. 12. Design of continuously reinforced concrete pavement is not included. 13. Plans will be prepared in English format. 14. Construction staking services are not included. 15. Submittal reviews are not included except for as noted for the bridge. 16. Submittal of structural calculations for the bridge are not included. 17. Traffic Study is not included. Cottonbelt Trail- Phase II Scope of Work Page A- 7 ATTACHMENT "B" SUMMARY OF FEES COTTONBELT TRAIL - PHASE II Task Description Total Hurst Colleyville TOTAL LENGTH OF TRAIL (LINEAR FEET) 7,550 5,150 2,400 OPINION OF PROBABLE CONSTRUCTION COST: $ 1,228,055 $ 887,844 $ 340,211 BASIC ENGINEERING DESIGN FEE $ 81,500 $ 55,600 $ 25,900 SPECIAL SERVICES PropertylROW Surveys (Item I.C) $ 10,000 $ 6,820 $ 3,180 Environmental Investigations (Item I.F) $ 10,400 $ 7,090 $ 3,310 Public Meetings (Item I.G.I-3) $ 5,000 $ 2,500 $ 2,500 Bi-weekly Project Meetings (Item I.G.4) $ 6,000 $ 3,000 $ 3,000 Design Surveys (Item II.A) $ 7,800 $ 5,320 $ 2,480 Geotechnical Investigation (Item II.B) $ 5,300 $ 3,620 $ 1,680 Hydraulic Analysis (Item II.D) $ 5,800 $ 5,800 $ SWPPP (Item III.C) $ 1,700 $ 1,160 $ 540 SUBTOTAL $ 52,000 $ 35,310 $ 16,690 CONTRACT/CONSTRUCTION ADMINISTRATION (SPECIAL SERVICES) Bidding & Contract Documents (Item IV.A) $ 2,700 $ 1,840 $ 860 Survey Control Staking (Item IV.B) $ 1,300 $ 890 $ 410 Contract Administration (Item IV.C) $ 8,600 $ 5,870 $ 2,730 SUBTOTAL $ 12,600 $ 8,600 $ 4,000 TOTAL SPECIAL SERVICES $ 64,600 $ 43,910 $ 20,690 GRAND TOTAL FEE $ 146,100 $ 99,510 $ 46,590 B-1 M N 0", Ot- ~"7 O~ MO U'i<o o ~ H b g ... 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" m a ~ '" ::: ~ ;; ~ ..~ NN ~ :(l ~ .. ~ ~ .. :: .~ 0" ,,~ E" ~~ ." ~b lit... li:~ ..'" ~ CITY COUNCIL CilY O[ CC;~~!il'" AGENDA BRIEFING IL~;O;:;:\~ MEETING DATE: ITEM#: RESOLUTION # : 06/03/03 11 R-03-2164 CITY MANAGER : DEPARTMENT HEAD ' FINANCE REVIEW Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of the Local Transportation Project Advance Funding Agreement between TXDOT and the City of Colleyville for the purpose of design and construction of the Cottonbelt Trail, Phase II Reading and Public Hearing The proposed Agreement with the Texas Department of Transportation (TXDOT) gives the authority to the City of Colleyville in making the day-to-day decisions necessary to insure smooth development of the Cottonbelt Trail, Phase II. This agreement also outlines the desire of the cities of Colleyville and Hurst to locally manage the construction of the vital regional trail. It has taken several months of negotiation to bring about this new project management structure, and all parties involved believe that the cooperative effort will save several thousand dollars. The first area of savings has been in the TXDOT administrative fee which cities must pay to TXDOT to cover the cost of managing the complex Congestion Mitigation Air Quality (CMAQ) program. This fee must be paid in addition to the local share of the project. Recommendation Approval Attachments . Local Transportation Project Advance Funding Agreement . Resolution R-03-2164 CSJ: 0902-48-454 Project Name: Cotton belt Trail in Colleyville and Hurst Funding Category: CMAQ STATE OF TEXAS ~ COUNTY OF TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an CMAQ Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the Cities of Colleyville and Hurst, acting by and through their duly authorized officials, hereinafter called the "Local Governments." WITNESSETH WHEREAS, a Master Agreement between the Local Governments and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Governments have approved entering into this LPAFA by resolutions or ordinances dated City of Colleyville, and City of Hurst, which are attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the construction of the Cotton belt in the Cities of Colleyville and Hurst. The Colleyville section of the trail is 2.400 linear feet long from the vicinity of the intersection of L.D. Lockett Road and Bettinqer Road the the Colleyville-Hurst city limits. The AFA - LPAFA OffSys Page 1 of 6 Revised 4/09/01 CSJ: 0902-48-454 Project Name: Cotton belt Trail in Colleyville and Hurst Hurst section of the trail is 5.150 linear feet and runs from the Collevville-Hurst city limits to Precinct Line Road (FM 3029) . 5. Right of Way and Real Property shall be the responsibility of the Local Governments, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Governments as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Governments. The Local Governments are responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the State. The Local Governments will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the Local Governments through an approved local letting process. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. . 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Governments is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Governments will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Governments will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Not Applicable. f. In the event the State determines that additional funding is required by the Local Governments at any time during the development of the Project, the State will notify the Local Governments in writing. The Local Governments will make payment to the State within thirty (30) days from receipt of the State's written notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. AFA - LPAFA OffSys Page 2 of 6 Revised 4/09/01 CSJ: 0902-48-454 Project Name: Cotton belt Trail in Colleyville and Hurst The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. 13. Document and Information Exchange. The Local Governments agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@) Word or similar document. If requested by the State, the Local Governments will use the State's document template. The Local Governments shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Governments creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. CITY OF COLLEYVILLE CITY OF HURST By: By: (Signature) Title: Title: Date: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: AFA - LPAFA OffSys Page 3 of 6 Revised 4/09/01 CSJ: 0902-48-454 Project Name: Cottonbelt Trail in Colleyville and Hurst ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENTS APPROVING THIS LPAFA AFA - LPAFA OffSys Page 4 of 6 Revised 4/09/01 CSJ: 0902-48-454 Project Name: Cottonbelt Trail in Colleyville and Hurst ATTACHMENT B PROJECT LOCATION MAP ~. .. John 'CtlMcGa i n c.,...., ,""",fi, ~ /~ ,. Ctl . ," co ,.I / COLLmlLLE-i. I Glade ".w_...., '"' ~,~..<'C,"',"""".,',',.' , w 12- NORTH:..']': AIOHLAND /. " "BEDFORD I' .;i' " ./~,-'~" ~ HILlS. l' :::: ~;;'~1 - -~r----t-/ 1 Jror~l~~~/~~' JGURSTI-,Ha~~O!)~,-- , ~'/' -~.' t. 1183. /,,'i ,. ,_ - \ gr,a2~::,,- ~-'}2~,,~ :, .,.-___,__18~----~ i", (I)', /_ n ~--. .. r ~ t/"- --, \,~~! RICH D i ,,,/ N I' .-o:."'f/'irlfllJ.!,.L. ;- _ lO~" A j /1 ..820;.-____-="'...-----.. 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CI) - o z en >- en :t= o <l: LL <l: c... ....J I <l: LL <l: RESOLUTION R-03-2164 A RESOLUTION APPROVING THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT BETWEEN TXDOT AND THE CITY OF COLLEYVILLE FOR THE PURPOSE OF DESIGN AND CONSTRUCTION OF THE COTTONBEL T TRAIL, PHASE II WHEREAS, the City of Colleyville desires to proceed with the design and construction of the Cotton belt Trail, Phase II. WHEREAS, the City of Colleyville desires to enter into a Local Transportation Project Advance Funding Agreement with TXDOT. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Local Transportation Project Advance Funding Agreement between TXDOT and the City of Colleyville for the purpose of design and construction of the Cottonbelt Trail, Phase II, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor CITY COUNCIL cc@n", AGENDA BRIEFING fl~X~$ MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 12 R-03-2165 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW: Previous Action: None DEPARTMENT: ENGINEERING SUBJECT: Approval to amend the Professional Services Agreement with Brinkley Sargent Architects, for the Justice Center, in the amount of $10,650.00 Reading and Public Hearing The Justice Center Construction started in mid-April 2001. Brinkley Sargent Architects was hired, as a part of their design contract, to administer the construction of the building. The construction phase began on March 1, 2001, with a projected completion time of eighteen months. The original construction administration amount was $80,000 or $4,500 per month. On December 17, 2002, Colleyville City Council approved an amendment of $22,500 to the contract for construction administration for an additional five months. The contract extension was for a time period up to March 31,2003. Due to the construction delays incurred, Brinkley Sargent Architects has requested additional construction administration fees in the amount of $9,000.00 to cover the time period of April and May 2003. The amount is calculated at 2 months @ $4,500 per month. Also, an increase of $1,650 in reimbursable expenses is requested. The project will enter the closeout phase within the next week. Therefore, no additional amendments are anticipated to complete the project. Financial Impact The Professional Services Contract amendment will be funded in the interim from the General Fund Balance, with the final funding coming from liquidated damages. Recommendation Approval Attachments . Contract Amendment . Resolution R-03-2165 OS/28/03 WED 16:42 FAX 9729609751 BRINKLEY SARGENT 2000 Edition - Electronic Format 141003 AlA Document G606 - 2000 Amendment to the Professional Services Agreement TO: Keith Fisher (Owners Representa/i~) Amendment Number: 11 R In accordance with the Agreement dated: January 27. 1999 between the Owner: City of Colleyvllle and the Architect: Brinkley Sargent Architects for the Project: (Name and address) Colleyville Justice Center Colleyville. Texas Authonzahon IS requested (X ) to proceed with Additional Services or a Change in Services. ( ~ ) to incur Additional Reimbursable Expenses. As Follows: Extended Construction Administration for Months of April and Mav 2003 Increase in Reimbursable Expense Budget from $43 000 to S44 650 The following adjustments shall be made to compensation and time. (Insm provisions in accordance with the Agreement, or as otherwise 6g<<N by the p81ties.) Compensation: AD"I 2003 - Mav 2003 Construction Administration 2 Months @$4 500.00 = Increase in Reimbursable Exoenses $ 9.000.00 $ 1.650.00 Total $10.650.00 Time: As described above SUBMif~~ (Signatu") ~ Harold E. Sargent AlA - President (print<<l name and title) AGREED TO: (Signature) (Printed name and /itle) o 2000 by The Amencan Institute ot Architects. Reproduction ot the material herem or substantial quotation of its provisions without wri"en permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User Document: ClOg606 5-28-031111revised.aia - 5/28/2003. AlA license Number 1121922, which expires on 12/312003. Electronic Format G606 - 2000 AUTHENTICATION OF THIS ELECTRONICAUY DRNTED AtA DOCUMENT MAY IE MADE IV USING AlA DOCUMENT 0401. - 02000 AlAe AlA DOCUMENT G606-2000 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT The American Institute of Architects 1735 New york Avenue, N.W. Washington, D.C. 20006-5292 OS/28/03 WED 16:42 FAX 9729609751 BRINKLEY SARGENT May 28. 2003 (Date) (Date) Cl 2000 by The American Institute ot Architects. Reproduction ot the matenal herem or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. expiration as noted below. User DocUment: 00g606 5-28..Q3#11revised.aia -- 5/2812003. AlA License Number 1121922. which expires on 121312003. Electronic Format G606 - 2000 ~004 AUTHENnCAnON OF THIS EUCTRONICALL Y DRAfTEDAl" DOCUMENT MAY BE MACE IY USING AlA DOCUMENT 0401. 02000 AlAe AlA DOCUMENT G606-2000 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 RESOLUTION R-03-2165 A RESOLUTION AUTHORIZING THE APPROVAL TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH BRINKLEY SARGENT ARCHITECTS IN THE AMOUNT OF $10,650 FOR CONSTRUCTION ADMINISTRATION OF THE COLLEYVILLE JUSTICE CENTER WHEREAS, the construction contract with CMPA, Inc., was approved by Council on December 19, 2000; and WHEREAS, construction started in mid-April of 2001; and WHEREAS, Brinkley Sargent Architects has been hired to perform the construction administration for the project; and WHEREAS, due to construction delays incurred, additional construction administration is needed to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the amendment of the Professional Services Agreement with Brinkley Sargent Architects for the construction administration of the Colleyville Justice Center, in the amount of $10,650.00, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor CITY COUNCIL ~n", AGENDA BRIEFING ;C':x~:; MEETING DATE: I 06/03/03 ITEM # : 13 RESOLUTION # : R-03-2166 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of City Hall and Library construction Change Order 7 with Ratcliff Constructors, Inc., in the amount of $65,483.00 Reading and Public Hearing The Council approved a construction contract with Ratcliff Constructors, Inc., on February 26, 2002, for the construction of the Colleyville City Hall and Library in the amount of $7,940,908. The construction contract was awarded with a 10% construction contingency in the amount of $794,090. A "Notice to Proceed" was issued to the contractor on February 27, 2002. Construction started in early March 2002 with a scheduled completion date of October 30, 2003. The City Council approved Change Order 1 on June 18, 2002, in the amount of $302,751. Change Order 1 provided for additional off-site utility work, franchise conduit installation and underground utility installations. Additional waterlines, storm drainage pipe and sanitary sewer lines were provided to serve both the City Hall and Library project. The action also provided that Realty Capital Corporation reimburse the City approximately $105,000 for utility improvements, subject to the terms and conditions established by the City Council. On September 3, 2002, the City Council approved Change Order 2, which included modifications for the walkway pavers, emergency lighting, tree grates, ADA compliance, library stairway, technical services area window shades, light fixture selections, library intrusion detection system, plumbing and elevator revisions, library roof revisions, stone window headers, fountain finish-out and thermoplastic parking lot striping. On September 3, 2002, the City Council approved Change Order 3, which included the Library enhancements for the finish-out of the second floor of the library. These enhancements included carpet, mechanical and duct work, HVAC boxes and diffusers, ceiling, paint, lights and toilets. Additionally, several other items were approved including the addition of the library drive-through canopy and a library security system. Agenda Briefing Resolution R-03-2166 Page 2 On December 17, 2002, the City Council approved Change Order 4, in the amount of $40,528.00, which included the addition of fire rated walls in four electrical rooms, the modification of the hardware on several doors, the repair of underground electrical at the baseball fields (due to conduit installation), the addition of builder's hardware on several metal and wooden doors, the addition of electrical systems related to the security system, the modification of the mortar joints on the exterior of both buildings, and the addition of concrete curb around the tree west of City Hall. On April 1, 2003, the City Council approved Change Order 5, in the amount of $21,731.00, which included the modification of several Library elements including the sliding doors, exterior entrance threshold, the meeting room, and the rerouting of a drain line and ductwork at the second floor. The change order also includes the modification of the steel supports in the lobby and the addition of sealant on several of the windows at the City Hall. On April 1, 2003, the City Council approved Change Order 6, in the amount of $12,189.00, which included the addition of two fire extinguishers, HVAC modifications, roof drain modifications, door modifications, plumbing modifications and the addition of bollards at the City Hall. Change Order 7, in the amount of $65,483.00, includes the addition of power outlets in the City Hall, gypsum enclosures for the AN boxes (fire code), additional wall blocking in the Library for shelving, drywall modifications, door modifications (ADA), ceiling height adjustments, and millwork modifications. These items are needed due to fire code issues, ADA issues, furniture conflicts, and direction given to the contractor related to power outlets and customer service issues. These Change Orders will increase the contract amount to $8,979,762.00. Financial Impact The remaining construction contingency fund is $107,401. The funding of Change Order 7 will be from this contingency construction fund and will leave a balance of $41,918 to complete the project. The funds are available in the Tax Increment Financing Bonds, 1999 G.O. Bonds Library and 2000 CEDC Bonds. Recommendation Approval Attachments . Change Order 7 . Resolution R-03-2166 CHANGE ORDER BRINKLEY SARGENT ARCHJTECTS FIELD r=:J OTHER c==l ARCHITECT [!] CONTRACTOR r:!:=:J OWNER [!] Distribution: CHANGE ORDER NUMBER: 7 CoIleyville City Hall & Library 100 & 110 Main Street Colleyville, Texas 16034 Ratcliff Constructors, L. P. 11498 Luna Road, Suite 200 Dallas, Texas 75234 PROJECT: INITIATION DATE: May 28,2003 TO: PROJECT NO: 99059 February 27, 2002 CONTRACT DATE: General Construction CONTRACT FOR: You are directed to make the following changes in this Contract: $1,442.00 $1;685.00 $1,635.00 $3;629.00 $2,320.00 $333.00 $11,403.00 $11,453.00 $17,142.00 $2.259.00 $3,348.00 $585.00 $5.189.00 PR# 14: Add fountain controller. PR# 15: Add electrical outlets at balconies. PR# 16, Item 2: Add gypsum board enclosures for AN floor boxes. PR# 18, Item 1: Addelectricaloutlets. RC IOC# 26: Relocate fire department connection. PR# 19. Item 3: Add wall blocking for shelving at Library. PR# 21. Items 2, 3, 5 & 6: MjsceItaneous items. PR# 22: Electrical revisions, add occupancy sensors at selected lights, add two doors and frames. PR# 23: Modify millwork at Rooms 107, 108& 132. PR# 26: Modify doors tor accessibifity compfiance SI#6. RC IOC# 28: Add plaster beam fire protection at stairwells. SI# 12. [RCIOC# 29]: Raised tailing tleights at two rooms. RFI# 109, [RC IOC# 21]: Ceiling modifications to work around structure at council chamber. RC 10C# 22, partial {Items 2, 3, 4 & 7): MisceUaneous modifications including bathroom drain coring; reroughsinkat Room 168; relocate balcony drain; additional s1eeI tubing for stone support. Item 1. Item 2. Item 3. Item 4. Item 5. ItemB. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. $3,060.00 $65,483.00 Total Nal valid unIl signed by bolh tile Owner and ArdlilecI. SigIllIIIn d tile Coln:lor indicaIes his aareement herewilh. indudng a1J adjuAnenl in tile Conncl So.m or Conncl Tme. The original contract Sum was ................................................................ ....................................................................................................;$ Net change by previously authorized Change Orders ..................................................................................................................................$ The CooImd Sum prior to this CIllmge Order was..__.......................................... .......................................................................................$ The Conl1act Sum will be increased by tIlis Change Order..........................................................................................................................$ The ~ Contract Sum including Ibis Change OrderwiU be ..........................................m...........................................................................$ TheContracl Time~~..," TheDateofS~~:.~30. 2003 /.':!.~~ :~.. >,;".'; ';"";: ;" '!:-" '.1.';,. Brinkley M~if~;IOG' ,.:.~;,',;-. Ratcliff Constructors, L P. :rrEC~~ '~:~::~~:.~~:". !~~~ .:', :i~l ::L: Road, sune 200 .'~' 7':. ).i' ". Dalles, T 5. '. " 7,940,908.00 973.371.00 8,914,279.00 65,483.00 8,979,762.00 City of CoIleyville OWNER 5400 Bransford Road CoReyville. Texas 16034 Dalles, Texas 75234 By: By: Max Young . Mayor Date: Date: RESOLUTION R-03-2166 A RESOLUTION AUTHORIZING THE APPROVAL OF CHANGE ORDER 7 TO THE CONSTRUCTION CONTRACT FOR THE COLLEYVILLE CITY HALL AND LIBRARY WITH RATCLIFF CONSTRUCTORS, INC. WHEREAS, the construction contract with Ratcliff Constructors, Inc., was approved by Council on February 26, 2002; and WHEREAS, the Certificates of Obligation, Series B, 2002, were issued on February 19, 2002, to provide furniture, books, technology, equipment and finish-out of the second floor of the library; and WHEREAS, construction started in early March of 2002; and WHEREAS, Colleyville City Council approved Change Order 1 on June 18, 2002; and WHEREAS, Colleyville City Council approved Change Order 2 and 3 on September 3, 2002; and WHEREAS, Colleyville City Council approved Change Order 4 on December 17, 2002; and WHEREAS, Colleyville City Council approved Change Order 5 and 6 on April 1, 2003; and WHEREAS, additional modifications to the interior and exterior of both buildings are required to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT $65,483 for the construction contract Change Order 7 with Ratcliff Constructors, Inc., for the Colleyville City Hall and Library, is hereby approved. AND IT IS SO RESOLVED. NAYS, AND 2003. ABSTENTIONS ON PASSED BY A VOTE OF AYES, THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor CITY COUNCIL COllY or CCe", AGENDA BRIEFING I\."="~:' MEETING DATE: ITEM # : RESOLUTION # : 06/03/03 14 R-03-2167 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of a bid for the purchase and installation of furniture, fixtures and equipment in the Colleyville City Hall and Library, in the amount of $1,327,654.58 Reading and Public Hearing Brinkley Sargent Architects and F&S Partners assisted the City by creating a request for bid for the City Hall and Library furniture, fixtures, and equipment (FF&E), which includes furniture, architectural millwork, appliances, and audio/visual equipment. The request for bid (RFB) for the City Hall and Library furniture, fixtures, and equipment was advertised in the Fort Worth Star- Telegram on Friday, April 18, 2003 and again on Friday, April 25, 2003. The RFB was also advertised in the Dallas Morning News on April 24, 2003. Staff notified vendors in the City's vendor file and Colleyville businesses regarding the RFB. Bids were due and opened on Tuesday, May 27,2003 at 2 p.m., and seventeen vendors bid on the different groups of products. Brinkley Sargent Architects and F&S Partners reviewed the low bids for compliance with the specifications and ability to perform. No bids were received for appliances, which will be purchased at a later date from the unencumbered FF&E construction balance. Finally, the bid includes audio/visual equipment and installation for the library multi-purpose room. The equipment performance specifications listed in the bid were higher than what is necessary in the room. This resulted in higher costs for equipment specifications that will not be utilized. Upon approval, staff will create a change order with the audiolvisual vendor to reflect the products with the necessary specifications. Staff anticipates that this change order will result in approximately $22,220 of savings. Costs for the library multi-purpose room will be paid from monies donated by the Colleyville Friends of the Public Library. Financial Impact The cost for the purchase and installation of the furniture, fixtures, and equipment submitted by the listed vendors is $1,327,654.58. The cost will be funded from the current City Hall and Library furniture and audio/visual budget of $1,330,000, which leaves an unencumbered balance of $2,345.42. Staff anticipates a negative change order for a component of the audio/visual equipment that will result in an additional $22,220 savings. Agenda Briefing Resolution R-03-2167 Page 2 Recommendation Approval Attachments · Resolution R-03-2167 RESOLUTION R-03-2167 A RESOLUTION AUTHORIZING THE APPROVAL OF A BID FOR THE PURCHASE AND INSTALLATION OF FURNITURE, FIXTURES AND EQUIPMENT IN THE COLLEYVILLE CITY HALL AND PUBLIC LIBRARY, IN THE AMOUNT OF $1,327,654.58 WHEREAS, the City of Colleyville advertised a request for bid for furniture, fixtures, and equipment for the City Hall and Public Library; and WHEREAS, the bid was advertised in the Fort Worth Star-Telegram on Friday, April 18, 2003 and on Friday, April 25, 2003, as required by Chapter 252 of the Local Government Code; and WHEREAS, bids were publicly opened and read aloud at 2:00 p.m. on Tuesday, May 27, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the purchase and installation of furniture, fixtures, and equipment for the Colleyville City Hall and Public Library, from the vendors identified in Exhibit "A," in the amount of $1,327,654.58, is hereby approved. AS IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Mayor Exhibit "An Approved Vendor Tabulation Furniture 1 TUSA 2 Furniture for Business 3 Intelligent Interiors 4 Contracta 5 Royer & Schutts 6 Workplace Resources 7 Wilson Office Interiors AudioNisual 1 SPL Integrated Solutions Architectural Millwork 1 Facility Construction Services Appliances 1 NO BID GRAND TOTAL $ $ $ $ $ $ $ Cost 138,175.24 149,767.13 123,989.95 36,535.56 177,226.41 9,819.40 2,344.89 $ 483,957.00 $ 205,839.00 $ $ 1,327,654.58 CITY COUNCIL Cif~' Of CCe", AGENDA BRIEFING 7"L"X~:; MEETING DATE: ! 06/03/03 ITEM # : 15 RESOLUTION # : R-03-2168 CITY MANAGER i DEPARTMENT HEAD l FINANCE REVIEW ' Previous Action: None DEPARTMENT: ENGINEERING SUBJECT: Approval of the advanced Funding Agreement between TxDOT and the City of Colleyville for the design and construction improvements at Glade Rd and Heritage Avenue Reading and Public Hearing In December 2001 and January 2002, City Council Worksessions were held to discuss intersection improvements throughout the City of Colleyville. Intersections included in the worksession were SH26 at John McCain Road, Glade Road at Heritage Avenue, Glade Road at Martin Parkway, Glade Road at Roberts Road, Glade Road at Pool Road, John McCain Road at Pleasant Run Road, John McCain Road at Westcoat Drive, Cheek-Sparger Road at Jackson Road and Cheek-Sparger Road at Martin Parkway. A prioritization list was developed during the worksessions and adopted by Council on February 26, 2002. The intersection of Glade Road at Heritage Avenue was one of three projects listed as priority one projects. This intersection currently operates at a low level of service and has lengthy delays during peak traffic times. Improvements to this intersection will include signalization enhancements at Heritage Avenue and additional turn lanes to increase efficiency and level of service. This project would also include improving Glade Road from Heritage Avenue to Martin Parkway as a two lane divided roadway with turn lanes. The site distance problem at Martin Parkway will also be addressed. Public meetings were held on June 6 and 11 with a total of 120 residents attending both meetings. On July 19, 2002, the City received a Surface Transportation Program - Metropolitan Mobility grant in the amount of $900,666.00 for the construction improvements. On August 20, 2002, Council approved Resolution R-02-2014, to proceed with the intersection improvements for Glade Road at Heritage Avenue to Martin Parkway. On September 17, 2002, the City of Colleyville entered into a design contract with Freese and Nichols for the construction improvements of Glade Road. Staff has been working with the consultants on two schematic designs as directed by City Council. Both designs are currently under review by TxDOT. A public meeting will be held with the residents in the area later this summer to present the design as approved by TxDOT. As a part of the TxDOT design Agenda Briefing Resolution R-03-2168 Page 2 of 2 process, a Local Project Advance Funding Agreement is needed between the City of Colleyville and the State in order for the City to receive reimbursement for the project. Financial Impact The financial impact will be $10,000, with funding sources of Glade Road perimeter street fees and impact fees. Recommendation Approval Attachments . TxDOT Agreement (paper copy only) . Agenda Briefing and Resolution R-02-2028 . Resolution R-02-2014 . NCTCOG Funding Approval Letter . Resolution R-03-2168 CSJ: 0902-48-556 Project Name: Glade Road at Heritage and Martin Parkway, intersection and signal improvements Funding Category: STP-MM STATE OF TEXAS ~ COUNTY OF TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an STP-MM Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Collevville, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108087 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. Revised 04/09/01 Page 1 of 6 CSJ: 0902-48-556 Project Name: Glade Road at Heritage and Martin Parkway, intersection and signal improvements 4. Scope of Work The scope of work for this LPAFA is described as the construction of Glade Road from HeritaQe to Martin Parkway which includes intersection improvements on Glade Road and siqnal improvements on Martin Parkway. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the 'Texas Department of Transportation" in the amount specified in Attachment C as the local contribution for Preliminary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. e. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. f. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government Revised 04/09/01 Page 2 of 6 CSJ: 0902-48-556 Project Name: Glade Road at Heritage and Martin Parkway, intersection and signal improvements in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. g. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the local entity. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminenldomain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, uniess such MAFA provision is specifically excepted herein. 15. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: Revised 04/09/01 Page 3 of 6 CSJ: 0902-48-556 Project Name: Glade Road at Heritage and Martin Parkway, intersection aFld signal improvements ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA Revised 04/09/01 Page 4 of 6 G't;I ~h ~~LENHOP 0"" I "" ~- Parrp.rt< l5 en ope CIR N - GlENHOP ~ PARR LN ROl5 CI ~ NORwYlftl 3D/' p- il ~I "-,,'/..O ON HIGH~~'t' t AI .I~ ~ / ~~~ ~ ~;S~ C ,\(JOR \NOEPEND ~ B EBERAY 1E ~ J1 ~ '"ti 9 ~ tll t; ITom '1 Pn ~~ 6 ]~ -"~J ~~ ~ VoJ-0';100KUT:;; ";~~rN ~VJhHI1~~' 360 ~R ^ PEVf ..., 0 'Z~ ~ c~,;-C 5....MAJE""''''' 9 Elm {Jq, ~ r-\ I 'Co ~ '1\JT1 OCK Q BARBERRY ;: ~ O'ICE OAK ~ m<<.. ~, ~ ~ =4"CT ... WAY31~ -. CTS il5 .". ~ ",' HEA Eft 35 32 l!:! I\lGl\RIDGHi f1 WOO{l{AND ~ L. ;. ~ - , 'YLENN CT !i1 !J. "'-~! ~AR b. 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DEPARTMENT HEAD ! i FINANCE REVIEW i Previous Action: None DEPARTMENT : ENGINEERING SUBJECT: Approval of a design contract with Freese and Nichols, Inc., for the Glade Road at Heritage Avenue Intersection Improvements, in the amount of $1 67, 1 00 Reading and Public Hearing In December 2001 and January 2002, City Council worksessions were held to discuss intersection improvements throughout the City of Colleyville. Intersections included in the worksession were SH 26 at John McCain Road, Glade Road at Heritage Avenue, Glade Road at Martin Parkway, Glade Road at Roberts Road, Glade Road at Pool Road, John McCain Road at Pleasant Run Road, John McCain Road at Westcoat Drive, Cheek-Sparger Road at Jackson Road and Cheek-Sparger Road at Martin Parkway. A prioritization list was developed during the worksessions and adopted by Council on February 26,2002. The intersection of Glade Road at Heritage Avenue was one of three projects listed as priority one projects. This intersection currently operates at a low level of service and has lengthy delays during peak traffic times. Improvements to this intersection will include signalization enhancements and additional turn lanes to increase efficiency and level of service. This project would also include improving Glade Road from Heritage Avenue to Martin Parkway as a two lane divided roadway with turn lanes. As part of the Texas Department of Transportation (TXDOT) design process, a public meeting will be held to present the design to the public and receive comments from the citizens. We will also be conducting an additional public meeting prior to the preliminary plan submittal to TXDOT to assure that all citizen comments have been addressed so that the best design may be submitted for plan preparation. On August 20, 2002, Council approved Resolution R-02-2014, to proceed with the intersection improvements for Glade Road at Heritage Avenue to Martin Parkway. The City has received a Surface Transportation Program - Metropolitan Mobility grant in the amount of $900,666.00 for the construction improvements. Due to priority one status and available funding, staff requests that Council approve the design contract with Freese and Nichols, Inc., for the design of Glade Road at Heritage Avenue. The City Attorney has reviewed the contract documents. Agenda Briefing Resolution R-02-2028 Page2of2 Financial Impact The design contract will be funded out of Glade Road Perimeter Street Fees and Impact Fees. The amount of the contract is not to exceed $167,100. Recommendation Approval Attachments . Resolution R-02-1918 . Resolution R-02-2014 . NCTCOG Funding Approval Letter . Contract with Freese and Nichols, Inc. . Resolution R-02-2028 RESOLUTION R-02-1918 A RESOLUTION AUTHORIZING THE APPROVAL INTERSECTION IMPROVEMENTS WHEREAS, the City secured the services of Freese and Nichols, Inc., to conduct warrant and traffic studies for selected intersections within the City; and WHEREAS, the City Council desires to improve intersections throughout the City to enhance mobility; and WHEREAS, the intersection improvements will increase safety resulting in more efficient intersections; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following Priority 1 Intersection Improvements are hereby approved: Glade Road at Heritage Avenue John McCain Road and SH26 Realigment Cheek Sparger Road at Jackson Road AND IT IS SO RESOLVED. PASSED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THISTHEcU.~ DAYOF ~~ 2002. ~~~ Cynthia Singleton, TRMC City Secretary C~LEYVILLE Donna~ Mayor RESOLUTION R-02-2014 A RESOLUTION APPROVING TO PROCEED WITH INTERSECTION IMPROVEMENTS WHEREAS, the Colleyville City Council desires to improve intersections throughout the City to enhance mobility; and WHEREAS, the intersection improvements will increase safety resulting in more efficient intersections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVlLLE, TEXAS: Sec. 1. THAT the City Council hereby approves proceeding with the following intersection improvements for Glade Road at Heritage Avenue, as reflected in Exhibit "/\'. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE ~n~ DAY OF ~u...o;l- 2002. A~~~~ Cynthia Singleton, T~~ City Secretary cp;:;l~E ILLE ~~ Arp Mayor Exhibit "A" Glade Road at Heritage Avenue: Proposed design includes reconstructing the existing signal at Glade Road and Heritage Avenue. East leg: I mprovements include adding a free right turn lane for traffic to turn north bound on Heritage Avenue, with two through lanes and a dedicated left turn lane. West leg: Improvements include the addition of two through east bound lanes; with the outer lane being a shared through-right lane, and a dedicated left turn lane to north bound Heritage Avenue. A transition lane designed for the two westbound lanes to meet MSHTO standards will be added. Glade Road will have two lanes with enhanced landscaped medians with dedicated turn lanes at Roberts Road/Prestwick Drive, Queensbury Drive East, and Martin Parkway. North and south legs: Improvements will include proper alignments of lanes to provide better traffic patterns and a safer intersection. There are four parcels where right-of-way will have to be negotiated. As part of the design and construction, the sight distance issues at Roberts Road and Martin Parkway will be resolved. Staff Recommendation: Begin the design process with the improvements shown above. Staff would recommend presenting enhanced landscaping, and an entry way monument at the intersection of Glade Road and Heritage Avenue. The design process will include a work session with City Council during the early phase of the design to review design options. North Central Texas Council Of Governments July 19,2002 Mr. Bill Lindley City Manager City of Colleyville P.O. Box 185 ColleyviIIe, Texas 76034 Dear Mr. Lindley: Thank you for your participation in the 2002 Strategic Programming Initiative. On July 11, 2002, the Regional Transportation Council (RTC) approved the final staff recommendations for the 2002 Strategic Programming Initiative. This decision resulted in action on a project of interest to the City of Colleyville. The table below outlines the action associated with the affected project. $1.286,665 Funds Re uested $900,666 STP-MM Action AgencylDescription of Project Glade Road at Heritage; Intersection . Improvements. Martin Parkway Signal Improvements; Estimated Lettin ,Janua 2003. Total Project Cost Approved The project win need to be added to the Transportation Improvement Program (TIP) and the Statewide TIP I and approved by the appropriate federal agency before design and construction can begin. For projects adding roadway lanes, federal approval is expected in April 2003, and for all oth8[ projects, federal approval is expected in late 2002. You may contact Charles Conrad (817/370-6532) at the Texas Department of Transportation (TxDOT) to initiate an interlocal agreement on this project. Should you have any questions or concerns, please contact La Donna Smith or me at 817/695-9240. ~i\:~ ~ocha Principal Transportation Planner CMJ:baw cc: Charles Conrad, P.E., TxDOT Fort Worth LaDonna Smith, NCTCOG 2001-2002 UPWP Element 3.01 Project File 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 * recycled paper http://www.dfwinfo.com RESOLUTION R-02-2028 A RESOLUTION AUTHORIZING THE APPROVAL OF A DESIGN CONTRACT WITH FREESE AND NICHOLS, INC., FOR GLADE ROAD AT HERITAGE AVENUE INTERSECTION IMPROVEMENTS WHEREAS, the City Council has authorized a priority list of intersections for improvements, which includes Glade Road at Heritage Avenue; and WHEREAS, public meetings were held in June 2002 to present design options; and WHEREAS, the intersection improvements will increase safety resulting in a more efficient intersection; and WHEREAS, the City Council desires to improve intersections throughout the City to enhance mobility NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the design contract with Freese and Nichols, Inc., for the amount not to exceed $167 ,1 00, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor North Central Texas Council Of Governments July 19, 2002 Mr. BiIIlindley City Manager City of Colleyville P.O. Box 185 Colleyville, Texas 76034 Dear Mr. Lindley: Thank you for your participation in the 2002 Strategic Programming Initiative. On July 11,2002, the Regional Transportation Council (RTC) approved the final staff recommendations for the 2002 Strategic Programming Initiative. This decision resulted in action on a project of interest to the City of Colleyville. The table below outlines the action associated with the affected project. Agency/Description of Project Total Funds Action Project Cost Requested Glade Road at Heritage; Intersection Improvements. $900,666 Martin Parkway Signal Improvements; Estimated $1,286,665 STP-MM Approved Letting, January 2003. The project will need to be added to the Transportation Improvement Program (TIP) and the Statewide TIP, and approved by the appropriate federal agency before design and construction can begin. For projects adding roadway lanes, federal approval is expected in April 2003, and for all other projects, federal approval is expected in late 2002. You may contact Charles Conrad (817/370-6532) at the Texas Department of Transportation (TxDOT) to initiate an interlocal agreement on this project. Should you have any questions or concerns, please contact LaDonna Smith or me at 817/695-9240. ~i\:~ ~ocha Principal Transportation Planner CMJ:baw cc: Charles Conrad, P.E., TxDOT Fort Worth La Donna Smith, NCTCOG 2001-2002 UPWP Element 3.01 Project File 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 @ recycled paper http://www.dfwinfo.com RESOLUTION R-03-2168 A RESOLUTION AUTHORIZING THE APPROVAL OF THE TXDOT LOCAL FUNDING AGREEMENT FOR THE CONSTRUCTION IMPROVEMENTS ON GLADE ROAD FROM HERITAGE AVENUE TO MARTIN PARKWAY WHEREAS, this is a joint funding project between TXDOT and the City of Colleyville with TXDOT funds being part of the Surface Transportation Program - Metro Mobility Program: and WHEREAS, Freese and Nichols is currently working on the design for the construction improvements on Glade Road from Heritage Avenue to Martin Parkway; and WHEREAS, the design submittals are currently being reviewed by the appropriate TXDOT offices; and WHEREAS, the City of Colleyville has approved this project as a part of an effort to increase safety and improve the efficiency of the intersection; and WHEREAS, this funding agreement is a requirement for the continuation of the project funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the TXDOT Local Funding Agreement for the design and construction improvements on Glade Road from Heritage Avenue to Martin Parkway, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS, AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Mayor COLLEYVILLE LIBRARY BOARD MINUTES April 14, 2003 I. CALL TO ORDER - The meeting of the Colleyville Library Board was called to order at 7:04 p.m. ROLL CALL - Members present: Chair Gary Taraba, Pat Jones, Mary Alice Rippe and Nancy Eytcheson Members absent: Dick Roxburgh, Susan Barzelay, Carol Wollin and Mary Ann Nicholson Ex-Officio Members present: Ret Stansberger Ex-Officio Members absent: Mayor Donna Arp, Dr. Kevin Singer, Dr. Larry Darlage, Steve Jacobs and Steve Banta Council Liaisons present: Mayor Pro Tem Ginny Tigue. Staff present: Dianne McWethy and Mary Rodne. II. ANNOUNCEMENTS None III. Approval of the March 10, 2003 MINUTES - A motion was made by Mary Alice Rippe, seconded by Pat Jones to approve the March 10, 2003 minutes. IV. Development of Policies and Procedures a. Circulation b. Patron Use c. Hours of Operation d. Other Director Mary Rodne provided an overview of the Circulation policy. A motion was made by Pat Jones, seconded by Gary Taraba to approve the Circulation policy, as amended. Director Mary Rodne provided an overview of the Patron Use policy. A motion was made by Mary Alice Rippe, seconded by Pat Jones to approve the Patron Use policy, with the exception of the Minors provision, and as amended. Director Mary Rodne provided an overview of the Hours of Operation. A motion was made by Nancy Eytcheson, seconded by Gary T araba to approve the Hours of Operation as presented. V. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY UPDATE As requested by Carol Wollin, President, Chair Gary Taraba provided an update of the Friends of Library scheduled events, including "Who Wants to be a Millionaire." VI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION UPDATE Mayor Pro Tem Ginny Tigue gave an overview of the Colleyville Public Library Foundation planned activities. VII. SUGGESTED ITEMS FOR FUTURE MEETINGS The Board stated that at the next meeting members provide a list of recommended books to Director Mary Rodne. VIII. ADJOURN: A motion was made by Pat Jones, seconded by Nancy Eytcheson to adjourn the meeting. Motion approved. The meeting of the Colleyville Library Board was adjourned at 8:20 p.m. RESOLUTION R-03-2169 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 3, 2003 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2003, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor