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HomeMy WebLinkAbout1999-O-32.1 - Rezone Greenview Addition, blk 4 lot 9n A ORDINANCE NO. 1999 - 32.1 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R-1 "SINGLE FAMILY DWELLING DISTRICT", TO B-1 "NEIGHBORHOOD BUSINESS DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: All that lot, tract, or parcel of land in the City of Stephenville being Lot 9, Block 4, Greenview Addition, City of Stephenville, Erath County, Texas. And it is hereby rezoned and the zoning classification change from the classification of R-1 "Single -Family Dwelling District" to B-1 "Neighborhood Business District', in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the seventh day of December, 1999. ATTEST: Cindy ^^,,,, lM�rd, City etary I�JU�YAXt9&jj)14 Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality P, M/1300rd.I2/7/99 5()G Collier Consulting, Ine. 741 West College St. Stephenville, Texas 76401 Office: (254) 968-8721 Fax: (254) 968-8725 www.colticrconsulting.com WORK PLAN FOR PHASE III CITY OF STEPHENVILLE TRINITY AQUIFER PROJECT: DRILLING OF TEST HOLES FOR NEW WATER WELL LOCATIONS Phase II identified four areas for additional production wells. Ina meeting with HDR and City staff, 18 test hole locations were selected in three of the four areas. These locations were selected based on mapping during Phase II of the subsurface geology of the Trinity aquifer and proximity to the existing water distribution system. Some of the 18 locations are designed to satisfy immediate water needs. The rest of the locations will help meet long-range water needs. This work plan is for a maximum of six test holes. Two test holes will be completed as monitoring wells and four will be plugged. The test holes and monitoring wells will provide valuable information for verifying the suitability of the locations for production wells designed to meet immediate and short-range water needs. By drilling test holes now, the time needed to bring additional production wells on line next year will be shortened. Data necessary for long- range water planning will also be acquired. If some of the sites prove to be unsuitable for production wells, the data will be used to select alternate sites. A maximum of six test holes will be drilled on Ed Horton's property and along Highway 67 right-of-way, east of existing production wells. Test holes will be drilled on Ed Horton's property first. The time required to complete Phase III will depend on the availability of a drill rig. Evaluation of the sites will be finished within four weeks of the completion of the drilling. Task 1. Supervise the drilling of a maximum of six test holes, the completion of two test holes as monitoring wells, and the plugging of four test holes. Cost: $70 per hour, plus expenses. Task 1 includes the following: (1) Assist in preparing the test hole and monitoring well specifications; assist in evaluating the bids. (2) Secure property boundaries from the Erath CAD and add to the digital database. (3) Assist in securing permission from the highway department or land owners to drill at each site. (4) Visit the proposed sites and select the exact locations. 5. Survey the well locations with GPS equipment. 6. Supervise the drilling operation. 7. Monitor the mud program. 8. Collect drill cuttings. 9. Supervise the completion and development of the monitoring wells. 10. Supervise the plugging of the test holes. Task 2. Evaluate the suitability of each location as a production well site. Cost: $70 per hour, plus expenses for all subtasks except # 2. Cost of logging: $2,000 per test hole. Task 2 includes the following: 1. Describe the drill cuttings. 2. Log the test holes with gamma ray, sp, and resistivity tools. Obtain the data in both digital and hard copy form. 3. Integrate the cuttings descriptions with the borehole geophysical logs. 4. Conduct 2 pump tests. 5. Add the data to the digital database. 6. Revise the Trinity aquifer maps prepared during Phase II with the test hole data and with drillers logs in the immediate area of each test hole. 7. Prepare cross sections utilizing the test hole logs. 8. Prepare a project report. Task 3. Collect additional water level data. Cost: $70 per hour, plus expenses. Task 3 includes the following: Measure once in December and once in February -March the water levels in wells measured earlier in 1999 during Phase I and II. 2. Assist the Texas Water Development Board in installing free continuous water level monitoring systems on two wells. 3. Add the data to the database. 4. Prepare new water level maps. 5. Update the hydrographs for each well. Task 4. Assist in designing the specifications for the production wells. Cost: $70 per hour, plus expenses. Total cost for Tasks 1-4 is not to exceed $60,000. Hu� gNbert Collier November 30, 1999 Approved: CITY OF STEPHENVILLE By: Moser, TEAM Consultants, Inc. Geotechnical, Environmental, Construction Materials Testing December I, 1999 Proposal No. 99AO48 Revision No. I City of Stephenville 298 West Washington Stephenville, Texas 76401 Attn.: Mr. Danny R. Johnson Director of Utilities Re: Type IV Permit Amendments City of Stephenville - MS W Permit No. 664 Stephenville, Erath County, Texas Dear Mr. Johnson: Pursuant to our discussions with representatives of the Texas Natural Resource Conservation Commission (TNRCC) during a meeting in the Arlington Region 4 offices on Wednesday, November 10, 1999, we are pleased to present our proposal to prepare the requested permit amendments. In accordance with the requirements outlined in the Notice of Violation letter dated May 28, 1999, for the Compliance Evaluation Inspection at the City's Type IV landfill on April 27, 1999, and as amended both in a letter addressed to the City dated October 20, 1999, and the meeting referenced above, we propose to prepare and submit the requested schedule outlining a compliance plan that addresses each of the outstanding alleged violations as soon as practicable and prepare, with the assistance of your staff, amendments acceptable to the Executive Director which resolve each of the outstanding alleged violations. Specifically, we propose to: (1) Define a procedure whereby the transporter certificates required by 30TAC 330.32 shall be retained at the landfill; (2) Amend the Site Development Plan for each of the following (330.55): (a) provisions for all-weather operations; (b) types and locations of fences; (c) calculation of estimated rate of solid waste deposition and operating life of the site; (d) storm water management, e.g. discharge of pollutants, nonpoint source discharges, run- on control, and run-off control; (e) contaminated ground/surface water including handling, storage, treatment, and disposal procedures; (f) flooding; (g) final cover design; and n (h) endangered species. (3) Prepare the following attachment: (a) attachment 15 - contaminated water plan 2970 S. Walton Walker, Suite 101 Dallas, 7X 75211 (214) 331-4395 Fax (214) 331-4458 i 3101 Pleasant Valley, Suite 101 Arlington, 7X 76015 (817) 467-5500 Fax (817) 468-9920 (4) Amend the facility's Site Operating Plan to include: (a) waste segregation plan; (b) salvage operations; (c) scavenging prevention; and (d) Detection/Prevention Plan addressing inspection, personnel training, notification, and remediation procedures. The TNRCC has indicated that the facility must be in complete compliance within 180 days of the May 28, 1999, Notice of Violation (NOV) or formal enforcement action may be implemented. Although this translates to the date of November 24, 1999, the Region representative, Ms. Jennifer R. Stirk, indicated that a letter outlining our planned schedule of compliance and requesting an extension to allow sufficient time to achieve compliance would be given consideration. Based on the project requirements and the proposed scope of services, we have prepared the attached cost estimate which indicates the estimated services and unit fees. Any services performed but not listed in the estimate will be invoiced in accordance with our 1996 Schedule of Fees, Schedules I, II, and II1. The invoice will reflect the actual services performed at the unit fees shown in the schedules. All services shall be performed in accordance with the proposal and the attached General Conditions dated 1996. Our services will require approximately three to four weeks for completion, although our initial submittal to the TNRCC requesting an extension of time and our schedule outlining a compliance plan for these services will be submitted within approximately 2 days of your formal approval and authorization to proceed. Preliminary plans and procedures will be submitted to the City for review and approval or modification as necessary prior to forwarding to the TNRCC. We will proceed immediately on the basis of your verbal approval. However, should this proposal meet with your approval, please sign, date, and return one copy to this office as our formal notification to proceed. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call if there are any questions or if we can be of additional service to you on future projects. Very truly yours, TEAM Consultants, Inc. William Prikryl, P.E. President WP/li Enclosures Authorized by: Date: % Z I 5 i 0 17 COST ESTIMATE TYPE IV PERMIT AMENDMENTS STEPHENVILLE TYPE IV MUNICIPAL SOLID WASTE LANDFILL MSW PERMIT NO. 664 STEPHENVILLE, ERATH COUNTY, TEXAS SCHEDULE III ENGINEERING AND PERSONNEL SERVICES DESIGN AND FIELD INSPECTION 3002 Senior Project Engineer 3004 Senior Geotechnical Engineer 3012 Draftsman 3013 Typing 3020 Report Preparation 3031 Transportation charge, per mile TNRCC Austin x I Stephenville x 2 Schedule of Fees I, II and III 1996 PN 99AO48 Est. 24 hrs. @ 85.00/hr. $ 2,040.00 Est.80 ea. @ 75.00/ea. 6,000.00 Est. 8.0 hrs. @ 35.00/hr. 280.00 Est. 8.0 hrs. @ 30.00/hr. 240.00 Est. 6 cpys. @ 25.00/ea. 150.00 Est. 390 mi. @ 0.45/mi. 175.50 Est. 380 mi. @ 0 .45/mi. 171.00 ESTIMATED TOTAL $ 9,056.50 CONTINGENCY (10%) $ 905.65 RECOMMENDED BUDGET $ 9,962.15 ki GENERAL CONDITIONS Type IV Permit Amendments City of Stephenville - MSW Permit No. 664 PROJECT: .Stephenville. Erath County.Texas Proposal No 99AO4R TEAM Consultants, Inc. (herein after called TCI) shall perform the services outlined in this agreement for the stated fee arrangement. j ACCESS TO SITE: Unless otherwise stated, TCI will have access to the site for activities necessary for the performance of the services. TCI will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post -construction between the Client and TCI shall be submitted to non -binding mediation. TCI agrees to be included in a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BILLINGS/PAYMENTS: Invoices for TCrs services shall be submitted, on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, TCI may, without waiving any clam or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers or advanced payments shall be credited on the final invoice. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorneys fees. INDEMNIFICATION: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless TCI, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorneys fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of TCI. Guarantees and Warranties: TCI shall not be required to execute any document that would result in its certifying, guaranteeing or waranting the existence of conditions whose existence TCI cannot ascertain. LIMITATION OF LIABILITY: In recognition of the relative risks, rewards and benefits of the project to both the Client and TCI, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, TCrs total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of the project fee paid to TCI. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract or breach of wananty. TERMINATION OF SERVICES: This agreement may be terminated by the Client or TCI should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay TCI for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. DOCUMENTS: All documents including Drawings and Specifications prepared by TCI pursuant to this agreement, are instruments of service in respect to the Project They are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by TCI for the specific purpose intended will be at the Clients sole risk and without liability or legal exposure to TCI and Client shall indemnify and hold harmless TCI from all claims, damages, losses, and expenses including attorneys fees arising out of or resulting therefrom. Any such verification or adaptation will entitle TCI to further compensation at rates to be agreed upon by Client and TCI. Original documents, developed in connection with the services performed hereunder belong to, and remain the property of the Client, in consideration of which it is mutually agreed that the Client will use them solely in connection with the Project, save with the express consent of TCI. TCI may retain reproducible copies of such documents. DAMAGE TO EXISTING MAN-MADE OBJECTS: It shall be the responsibility of the owner or his duly authorized representative to disclose the presence and accurate location of all underground, hidden or obscure man-made objects relative to field tests or boring locations. TCrs field personnel are trained to recognize clearly identifiable stakes or markings in the field, and, without special written instructions, to initiate field testing, drilling and/or sampling within a few feet of each designated location. If TCI is cautioned, advised, or given data in writing that reveal the presence or potential presence of underground obstructions, such as utilities, special instructions to the field personnel will be provided. As evidenced by your acceptance of this agreement, you agree to indemnify and save harmless TCI, its officers, employees and agents from all claims, suits, losses, personal injuries, death and property liability resulting from unusual subsurface conditions or damages to subsurface structures, owned by you or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to TCI in writing and to reimburse TCI for expenses in connection with any such claims or suits, including reasonable attorneys fees. Page 1 of 2 1996/Fee Lia. JOB SITE AUTHORITY Neither the activities of the TCI, nor the presence of TCI or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence techniques, or procedures necessary for performing, superintending, or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. TCI and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work precautions. THIRD PARTY BENEFICIARIES: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against against TCl either the Client or Mrs services under this Agreement are being performed solely for the Client's benefit, and no other entity shall have any claim because ecause this Agreement or the performance or nonperformance of services hereunder. SEVERABII.I'TY AND SURVIVAL: Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect- All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and TCI shall survive the completion of the services hereunder and the termination of this Agreement. 5,t3 Page 2 of 2 1996/Fee Lia.