HomeMy WebLinkAboutCC 2004-09-13 Agendas
CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
SEPTEMBER 13, 2004 - 6:15 P.M.
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular September 13, 2004 City
Council Meeting (5 Minutes)
2. IR 2004-090 Highlights of Proposed Recreational Vehicle Ordinances
(Aqenda Items NO.1 0 & 11) (20 Minutes)
3. IR 2004-089 Canvass Date for September 11 2004 Election (5 Minutes)
4. IR 2004-091 Discuss City Regulations for Hours of Sale of Alcoholic
Beveraqe Sales (5 Minutes)
5. Adjournment
POSTED
q·/O·Otj
Date
Q)'30 /)
. ,-".m..
Time
City Secretary
a~
09/13/04
City Council Agenda
Page 1 of 4
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 13, 2004 - 7:00 PM
For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast
Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or
action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation - Mayor Pro Tem Whitson
3. Pledge - Mayor Pro Tem Whitson
4. Soecial Presentations
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
09/13/04
City Council Agenda
Page 2 of 4
NUMBER ITEM ACTION TAKEN
7. Consent a. Minutes of the August 23, 2004 Council
Agenda Meeting
FP 2004-02 b. Consideration of a Request from Arcadia
Land Partners 25, LTD. to Approve the
Final Plat of Home Town East
Infrastructure 1 Addition (Located East of
the Home Town Lakes - 7.583 acres)
RP 2004-07 c. Consideration of a Request from N3
Capital to Approve the Final Plat of Lots
2-R2 & 2-R3, Block 13 Snow Heights
North Addition Being a Replat of Lot 2-R,
Block 13 Snow Heights North Addition
(Located in the 5100 Block of Rufe Snow
Drive - .407 acres)
GN 2004-081 d. Approval of 2004 Certified Tax Roll -
Resolution 2004-057
GN 2004-082 e. Contract Authorizing Pass Through State
Grant Agreement for NETS
GN 2004-087 f. Consider Adoption of the 2002 National
Electrical Code - Ordinance No. 2804
PAY 2004-001 g. Authorize Payment to Motorola for Radio
Maintenance Agreement - Resolution No.
2004-063
PAY 2004-002 h. Authorize Payment to Motorola for Annual
Mobile Data Terminal Service Agreement
- Resolution No. 2004-062
8. ZC 2004-04 Public Hearing and Consideration of a Request
from BH CH GA LLC For a Zoning Change from
"AG" Agricultural District to "R-2" Single Family
Residential District (Located at 9200 Nob Hill
Drive - 2.145 acres) - Ordinance No. 2798
9. ZC 2004-05 Public Hearing and Consideration of a Request
from J&J NRH 100 FLP For a Zoning Change
from "C-2" Commercial District to "R-2"
Residential District (Located in the 7900-8000
Block of North Tarrant Parkway - 5.619 acres) -
Ordinance No. 2799
09/13/04
City Council Agenda
Page 3 of 4
NUMBER ITEM ACTION TAKEN
10. TR 2004-04 Public Hearing and Consideration of an
Ordinance amending the Comprehensive Zoning
Ordinance Of The City of North Richland Hills,
Texas, By Defining and Restricting The Outside
Storage And Use Of Recreational Vehicles and
Establishing Restrictions on Outside Storage of
Other Items and Amending Section 15-26(15) of
the Code of Ordinances - Ordinance No. 2800
11. TR 2004-05 Public Hearing and Consideration of an
Ordinance Repealing Ordinance Nos. 2751 and
2753 and Amending Article V of Chapter 16,
Amending Section 16-70, and Repealing Section
16-71 of the North Richland Hills, Texas, Code
of Ordinances By Replacing Certain Regulations
Of Recreational Vehicles, Boats, Trailers, Etc.
With Minimum Distance Restrictions From Public
Streets - Ordinance No. 2801
12. G N 2004-083 Adopting the 2003-2004 Revised Budget and
2004-2005 Budqet - Ordinance No. 2802
13. G N 2004-084 Adopting the Tax Rate for Tax Year 2004-
Ordinance No. 2803
14. GN 2004-085 Approval of Edward Byrne Memorial Fund Grant
for Law Enforcement Purposes - Resolution No.
2004-059
15. GN 2004-086 Appointments to Economic Development
Advisory Committee
16. PU 2004-036 Award Contract for Bank Depository Services to
Bank of America - Resolution No. 2004-060
17. GN 2004-088 Authorizing Signatures for Pledgee Signature
Authorization Form - Resolution No. 2004-061
18. Information and Reports - Councilwoman Cox
19. Adjournment
q,/o·oc¡
DatI?
q:30 ¿) .(h
Time
09/13/04
City Council Agenda
Page 4 of 4
City Secretary
ø#~
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR# 2004-090
4
Date:
Subject:
September 13, 2004
Highlights of Proposed Recreational Vehicle Ordinances
In October and November of last year, the City Council adopted Ordinance Nos. 2749, 2751 and
2753 all of which dealt with the parking and storage of recreational vehicles and trailers in
residential areas. Enforcement of these ordinances was delayed by Council until May 1, 2004 so
that the owners of recreational vehicles could make arrangements to meet the new ordinance
requirements.
Following the adoption of these regulations, a larg~ number of recreational vehicle owners
attended several Council meetings to express their viewpoints concerning the new regulations. In
January, the Council passed Ordinance No. 2767 extending the beginning of enforcement of these
ordinances from May 1, 2004 to October 1, 2004. At that time, the Council also directed staff to
take them back to the Planning and Zoning Commission for additional public discussion and
review. At the February 5th Planning and Zoning Commission meeting, the Mayor addressed the
Commission on behalf of the City Council and requested the Commission to review the current
ordinances and seek revisions that were in the best interest of the City as a whole.
Beginning at their March 4th meeting, the Commission has held a series of monthly public
hearings to solicit comment from citizens concerning these ordinances. Staff also addressed the
Commission on the status of the current ordinances, review of other cities' ordinances, and the
-- legal basis for the ordinances. Since March 4th, the Commission has held a total of 7 public
hearings and has taken comment from a total of 28 citizens concerning these ordinances.
As a result of these meetings and citizens' input, the Planning & Zoning Commission took action to
recommend two ordinances to Council: one regarding amendments to the Comprehensive Zoning
Ordinance and a second regarding the parking of recreational vehicles on public rights-of-way,
including distances. Both ordinances are on the agenda for public hearings. The purpose of this
item on the Pre-Council Agenda is not to deliberate on the proposed ordinances, as these will be
the two hearings, but to review the major highlights with Council to be sure there is a good
understanding of the proposals and to give Council an opportunity to clarify any questions in
preparation for the hearings. Again, this item is for reviewing the major elements of the proposals.
Ordinance No. 2800 (ref. Case No. TR 2004-04) basically allows recreational vehicles in residential
neiqhborhoods with the following conditions:
· No major recreational equipment may be used for living, sleeping, home occupation
or household purpose when parked on a residential lot;
· An exception is provided for those individuals that are not residents of the property
to use and park a recreational vehicle in the driveway or on an approved surface
for a period up to 16 consecutive days during any calendar year;
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
'-
· No more than one recreational vehicle shall be allowed in the front yard of any
residence. The vehicle must be parked in the driveway or on an improved surface and
at right angles to the street;
· One vehicle may be stored in a side yard if on an improved surface;
· More than one vehicle may be stored in the rear yard if either on an improved surface
large enough to accommodate the vehicle(s) or screened from public view by a solid
fence at least six feet in height;
Ordinance No. 2801 (ref. Case No. TR 2004-05) addresses the specific location of any vehicle
on a residential lot in relation to the public street. The proposed ordinance includes the following
amendments and requirements:
· Amends Section 16-70 Parking and Storage of Recreational Vehicles and other
Equipment Restricted of the North Richland Hills Code Of Ordinances (Ordinance
2749) by re-describing the permitted locations for parking and storage of recreational
vehicles;
· Repeals Section 16-71 Overnight Street Parking and Storage of Boats, Trailers and
Large Vehicles Prohibited of the North Richland Hills Code Of Ordinances. This
Section prohibited the parking of recreational vehicles in the public street unless by
permit;
· Repeals Ordinance Nos. 2751 & 2753 passed by the Council on November 11,2003
and November 24, 2003 respectively. These ordinances made modifications to
Ordinance No. 2749 by extending control over the parking of recreational vehicles in
residential streets and driveways;
· No vehicle of any kind over 7' in height is permitted to park within 9%' of the street as
measured from the back of a residential street curb or from the edge of the street
pavement if there is no curb;
· The elevated portion of a 5th wheel trailer (gooseneck) may project into the 9%'
setback if the bottom of the elevated portion is at least 5' above the ground.
The Commission, staff and citizens have spent a great deal of time and effort in producing and
studying these proposed ordinances. Every effort was made to include citizen involvement in
the discussion of this issue. Although not addressing everyone's desires, needs or opinions, the
Commission's recommendation does reflect a concerted effort on everyone's behalf to find a
response that is in the best interest of the city as a whole.
Planning and Zoning Commission Chairman, Richard Davis has appointed former chairman Don
Bowen to be present at the Council's consideration of these ordinances to answer questions
from the Council as to the Commission's research and recommendation. In addition, staff from
the Planning, Public Works, and Neighborhood Services Departments along with the City
Attorney will present and discuss a comprehensive power point presentation concerning the
proposed ordinances and will address the reasoning behind and the enforcement of these
ordinances.
~~ Gree
Director of Planning
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2004-089
~--*- Date:
T Subject:
September 13, 2004
Canvass Date for September 11, 2004 Election
The Texas Election Code provides that the canvass of our September 11,2004 election cannot
be held earlier than the eighth day or later than the 11th day after Election Day. Therefore in
accordance with State law the canvass of the September 11th election has been set for Monday,
September 20 at 6:00 p.m.
Respectfully submitted,
Ø¿;WVaa: ~
Patricia Hutson
City Secretary
,""""'"""
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 2004~91
o.
..~ Date:
T Subject:
September 13, 2004
Discuss City Regulations for Hours of Sale of Alcoholic Beverages
The recent approval of wine sales in our City and changes made by the last legislature make it
necessary to amend the City's alcoholic beverage regulations. Attached is a proposed
ordinance that will place limitations on hours of sale for wine in accordance with state
regulations. The ordinance also reflects chan~es made by the last legislature to permissive
regulation of late hour permits. The legislature amended the Texas Alcoholic Beverage Code to
limit on-premise sales of alcoholic beverages between midnight and 2:00 a.m. in cities under
500,000 who pass ordinances allowing late hour sales. The proposed ordinance will also
conform the city's hours of sale of beer for off-premise consumption to the state standards. The
amendments are consistent with regulations in surrounding cities. The City Attorney will be
available during Pre-Council to address any questions.
Respectfully submitted,
Oæuuðtd-~
Patricia Hutson
City Secretary
Attachment
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
',- 2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
ORDINANCE NO.
DRAFT
AN ORDINANCE AMENDING SECTION 5~-2 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES REVISING ALCOHOLIC BEVERAGE
REGULATIONS TO CONFORM TO STATE LAW ADDING A PROVISION
ALLOWING SALE OF MIXED BEVERAGES BETWEEN MIDNIGHT AND
2:00A.M. BY THE HOLDER OF A RETAIL DEALER'S ON-PREMISES LATE
HOURS LICENSE; PROVIDING HOURS FOR WINE SALES; PROVIDING A
PENAL TY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature, by Acts 2003, 78th Legislature, Chapter 685, amended
Section 105.03(d) ofthe Texas Alcoholic Beverage Code to limit on-premises
sales of alcoholic beverages between midnight and 2:00 a.m. in cities under
500,000 to those cities which pass ordinances permitting such sales; and
WHEREAS, the City Council desires to update its regulations to'reflect the hours for sale of
alcoholic beverages established by state law; and,
WHEREAS, recent local option election results now allow sale of wine for off-premise
consumption; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS,
TEXAS:
Section 1:
THAT Section 5Y2-2 ofthe City of North Richland Hills Code of Ordinances is
hereby amended to read as follows:
"Sec. 5~-2. Hours of sale for alcoholic beverages.
(a) Legal hours of sale of beer and wine for off-premises consumption are as
follows:
(1) Monday through Saturday: 7:00 a.m. to midnight;
(2) Sunday: 12:00 midnight to 1 :00 a.m. and noon to 12:00 midnight;
(3) Wine with more than 17% alcoholic content shall not be sold on any day
after 10:00 p.m. or on Sunday.
(b) Legal hours of sale of mixed beverages for on-premises consumption are as
follows:
(1) Monday through Saturday: 7:00 a.m. to 12:00 midnight.
(2) Sunday: 12:00 midnight to 1 :00 a.m. and 10:00 a.m. to 12:00 midnight.
(3) For the holder of a mixed beverage late hours permit, mixed beverages
Ordinance No.
Page 1 of 3
W:\NRH\General\Ordinances-CompletedlAlcohoISales 12PM-2AM. wpd
2
4
6
8
10
12
Section 2:
14
16
18
Section 3:
20
22
24
26
28
Section 4:
30
32
Section 5:
34
may be sold on Sundays between the hours of 1 :00 a.m. and 2:00 a.m.,
and on any other day between the hours of 12 :00 midnight and 2:00 a.m.
(c)
Any person selling any alcoholic beverages during times other than the legal
hours of sale will be in violation of this section and will be deemed guilty of a
class C misdemeanor punishable by a fine not to exceed the limit set out in
section 1-7.
(d)
Any person found purchasing any alcoholic beverage being sold in violation of
sections (a) or (b) above shall be deemed guilty of a class C misdemeanor
punishable by a fine not to exceed the limit set out in section 1-7."
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation
punishable hereunder.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any ofthe
remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
36
Passed on the 13th day of September, 2004.
38
Ordinance No.
Page 2 of 3
W:\NRH\GeneraIlOrdinances-Completed\AlcohoISales 12PM-2AM. wpd
2
CITY OF NORTH RICHLAND HILLS
4
6
By:
Oscar Trevino, Mayor
8
ATTEST:
10
12
Patricia Hutson, City Secretary
14
APPROVED AS TO FORM AND LEGALITY:
16
18
George A. Staples, Attorney
20
APPROVED AS TO CONTENT:
22
24
Department Head
Ordinance No.
Page 3 of 3
W:\NRH\GeneraIlOrdinances-Completed\A1coholSales 12PM-2AM. wpd
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - AUGUST 23, 2004
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 23rd day of August, 2004 at 5:30 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
. Present: Oscar Trevino
David Whitson
John Lewis
Jo Cox
Frank Metts, Jr.
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Andy Jones
Jim Starr
Patrick Hillis
Dave Green
Dave Pendley
Clay Caruthers
Vickie Loftice
Bill Thornton
Call to Order
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilman
Councilwoman
Councilwoman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Fire Chief
Interim Parks & Recreation Director
Human Resources Director
Director of Planning
Building Official
Budget Manager
Assistant Park & Recreation Director
Assistant Park & Recreation Director
Mayor Trevino called the Pre-Council meeting to order at 5:33 p.m.
City Council Minutes
August 23, 2004
Page 2
1. Discuss items from ReQular AUQust 23. 2004 City Council MeetinQ
Agenda Item 9, GN 2994-073 - Councilwoman Bielik questioned if the Council would be
able to ask questions during the public hearing on the budget. Mayor Trevino advised
Council will be given an opportunity to comment or ask questions of Staff after the
public hearing has been closed. Council will not be able to deliberate until the
September 13 council meeting.
Councilwoman Cox present at 5:35 p.m.
2. IR 2004-085 Briefina on the Manaaement and Operations of Staffina for the Fire
Department
Fire Chief Jones presented a PowerPoint presentation giving an overview of the
operational staffing of the Fire Department. Chief Jones' presentation included a
review of Fire Department staffing objectives, staffing authorization by shift, staffing
authorization by apparatus, staffing for leave time, the typical daily staffing decision and
current staffing status. Council was advised that the first week of July the overtime
budget showed expenditures at $329,860 with a budget of $335,592. When Staff
realized the overtime budget would be exceeded at the rate it was being used, the daily
minimum staffing was reduced in order to curtail overtime expenditures. Chief Jones
reviewed Texas Senate Bill 382, NFPA 1710, and O.S.H.A. Final Rule 29
CFR1910.134(g)(4) and explained the city meets all state requirements. Chief Jones
explained the number of personnel needed for the various emergency responses and
discussed how the City ensures an adequate number of personnel respond and safely
conducts emergency scene operations.
Adiournment
Mayor Trevino announced at 6:01 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order August 23, 2004 at 7:00 p.m.
u_ _ '_____.._...".-_.._~________
City Council Minutes
August23,2004
Page 3
ROLL CALL
Present:
Oscar Trevino
David Whitson
John Lewis
Jo Cox
Frank Metts, Jr.
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilman
Councilwoman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Patricia Hutson
Alicia Richardson
George Staples
City Manager
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Members from Boy Scout Troop 144 gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Members from Boy Scout Troop 144 led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
Mrs. Geneva Knight presented on behalf of her husband, LTC Lee Knight, who is
serving at Bagram Airbase, Afghanistan three flags that were flown at the Airbase on
September 11, 2003 during Operation Enduring Freedom in honor of the City, Police
and Fire Departments. Ms. Knight presented to the City, Police Department and Fire
Department each with a flag and certificate. Ms. Knight advised her husband is very
appreciative of the City, Fire and Police Departments and feels he can more
comfortably serve our Country knowing his family is safe.
IR 2004-084 RECOGNITION OF OUTGOING BOARD & COMMISSION MEMBERS
City Council Minutes
August 23, 2004
Page 4
Mayor Pro Tem Whitson presented plaques to outgoing Board and Commission
members in appreciation of their service to the City. The following Board Members
were recognized for their service - Janet Ball, Library Board, September 1999 - July
2004; James Laubacher, Capital Improvement Advisory Committee and Planning and
Zoning Commission, June 1998 - July 2004; Ted Nehring, Capital Improvement
Advisory Committee and Planning and Zoning Commission, June 1996 - July 2004;
and Lynn Waller, Library Board, May 1993 - July 2004.
YARD OF THE MONTH
Councilman Welch and Keep NRH Beautiful Chair Kathy Luppy recognized the
following yard of the month recipients: Danny & Libby Edgmon, 7354 Riviera; Gary &
Jana Mumford, 5569 Greenview Court; Henry & Betty Oats, 7557 Circle Drive South;
William R. Newby, 5712 Newman Drive; Russell & Rebecca Wolff, 6717 Hadley; Max
Benson, 7316 Hialeah Circle West; Bill & Terri Guynes, 7613 Woodhaven Drive; Avis
Crisp, 7504 Bursey Road. Leonard & Jackie Loria, 4029 Diamond Loch W. were
recognized as the recipient of the Texas SmartScape award and Good Place Assisted
Living, 7801 North Richland Boulevard was recognized as the recipient of the Business
Landscape award.
IR 2004-086 DISTINGUISHED BUDGET PRESENTATION AWARD
Ms. Beverly Queen, Director of Administrative Services, City of Bedford and current
Region 8 Director and co-chair of Government Finance Officers Association of the
United States and Canada presented to Mr. Caruthers, Budget Manager, the
Distinguished Budget Presentation Award. The City has received a Distinguished
Budget Presentation Award for fourteen consecutive years. In addition the City also
received special recognition for Budget & Research's outstanding presentation of
capital information. Ms. Queen advised of the 1,196 cities in Texas eligible to receive
the award only 96 Texas cities were awarded the Distinguished Budget Presentation
Award and only three cities in the State of Texas received a Special Recognition Award.
5.
CITIZENS PRESENTATION
Mr. Chris Grund, 6925 Lincolnshire Lane, advised he spoke on behalf of his neighbors
and was concerned with the problems happening in their neighborhood. Mr. Grund
advised of speeding, home businesses operating within residential districts that creates
a lot of traffic and underage drinking.
Mr. Mike Sivertsen, 1620 Creek Terrace, Keller, TX voiced his opposition to the senior
tax freeze.
City Council Minutes
August23,2004
Page 5
Mr. Ken Sapp, 8312 Thornway Court, thanked the League of Women Voters for
conducting a forum on the senior tax freeze.
Ms. Ginny Parson, 7701 Turner Drive, spoke in support of the senior tax freeze.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF T.HE JULY 30-31, 2004 CITY COUNCIL WORKSESSION
B. MINUTES OF THE AUGUST 09, 2004 COUNCIL MEETING
C. GN 2004-070 AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 2004-
050
D. GN 2004-071 AMENDING AUTHORIZED REPRESENTATIVE LIST FOR LOGIC-
RESOLUTION NO. 2004-051
E. GN 2004-072 AMENDING AUTHORIZED REPRESENTATIVE LIST FOR
TEXPOOL - RESOLUTION NO. 2004-052
COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN JOHNSON
SECONDED THE MOTION.
Motion to approve carried 7-0.
8.
AP 2004-01 CONSIDERATION OF A REQUEST FROM DENNIS R. DENSON TO
APPROVE THE AMENDED PLAT OF LOTS 2-A-R AND 2-B-R, BLOCK 1 ANTINONE
ADDITION BEING A REPLAT OF LOT 2, BLOCK 1, ANTINONE ADDITION
(LOCATED AT 7100 BLOCK OF MID-CITIES BOULEVARD -1.096 ACRES)
APPROVED
---- -- -_._~----~--~ ~-~-_.
City Council Minutes
August 23, 2004
Page 6
Mr. Ernest Hedgecoth, representing the applicant was available to answer questions.
Mr. Hedgecoth advised Council the final plat was approved by Council earlier in the
year. After the plat was filed with Tarrant County a mistake was discovered concerning
the proper owner signatures on the plat. The plat listed Dennis and Lisa Denson as the
property owners and should have listed Presto Printing. The purpose of this amended
plat is to correct the property owner signatures.
Mr. Dave Green, Director of Planning, presented the case summary and
recommendations of Planning & Zoning Commission and Staff. The Planning & Zoning
Commission recommended approval on August 19 by a vote of 7-0. The
recommendation is to approve AP 2004-01 the Amended Plat of Lots 2-A-R & 2-B-R,
Block 1, Antionone Addition.
COUNCILMAN WELCH MOVED TO APPROVE AP 2004-01. MAYOR PRO TEM WHITSON
SECONDED THE MOTION.
Mayor Pro Tem Whitson asked Staff to explore the possibility of Staff being given
administrative authority by Council to handle minor changes needed on plats such as
the one before Council tonight and to bring a recommendation to Council.
Motion to approve carried 7-0.
9.
GN 2004-073 PUBLIC HEARING ON PROPOSED 2004-2005 BUDGET
Mayor Trevino opened the Public Hearing on the proposed 2004-2005 budget.
Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services, presented an
overview and highlights of the proposed 2004-05 General Fund Budget.
Mr. Clay Caruthers, Budget Manager, presented an overview of all other funds which
included the Enterprise Funds, Utility Fund, Golf Course Fund, Aquatic Park Funds,
Special Revenue Funds, Park and Recreation Facilities Development fund, Crime
Control District, and Capital Projects.
Mayor Trevino called for anyone wishing to comment on the proposed budget to come
forward.
Mr. Ron West, 6304 Glenview Drive, advised he had submitted in writing a list of items
he felt could be cut from the budget. Mr. West addressed several items he felt could be
deferred or eliminated. Mr. West commented on the redevelopment of North Hills Mall,
questioned the need to increase reserves, questioned the spending of funds for the
South Library and commented on the Tax Increment Financing District.
Mr. David Nelson, 7228 Coventry Court, spoke in support of the budget.
~~.._~~-------
City Council Minutes
August 23, 2004
Page 7
Ms. Tracye Tipps, 6811 Briley, spoke in support of the budget.
The following individuals did not wish to speak but requested their support of the budget
be recorded: Diane Hildreth, 5809 Stone Drive; Kathy Fare, 6225 Roaring Springs
Drive; September Daniel, 8416 Stonybrooke Court; Bob Daniel 8416 Stonybrooke
Court.
There being no one else wishing to speak, Mayor Trevino closed the Public Hearing.
Mayor Trevino asked for questions from the Council.
Councilwoman Bielik questioned the elimination of the two vacant positions in the
Police Department. Councilwoman Bielik questioned why Police Records could not
remain open 24/7 if they currently are operating with two vacant positions.
Ms. Bostic explained that one position just became vacant and the other position will
become vacant in October when the individual in the position retires.
Councilwoman Bielik questioned a Neighborhood Park Construction and Maintenance
contract with the Birdville School District. Councilwoman Bielik advised she could not
find in the contract where the City is to do the mowing and landscaping.
Mr. Cunningham advised the maintenance in the agreement may be referred to in a
broad sense and the agreement may not be as specific as needed. Mr. Cunningham
advised the intent and the plans were for it to be mowed and trimmed as well as free of
litter, etc.; that is what the City told BISD we would do.
There being no more questions from Council, Mr. Cunningham asked Mr. Koonce to
clarify some points made by Mr. West. Mr. Cunningham asked Mr. Koonce to comment
on the reserves and pointed out that the south side Library is not in next year's budget
and is identified as unfinanced.
Mr. Koonce spoke to the 75 million dollars in reserves. Mr. Koonce advised that nearly
all are restricted by law as to their use or designated by City Council for specific
purpose. The City has basically less than 5 percent of these funds that have not been
designated for a specific purpose either by federal or state law, by ordinance,
resolution, council policy or approved practice over the last several years. Mr. Koonce
advised that the TIF funds in the proposed budget are restricted by city ordinances and
state law and cannot be used for general purposes. The funds must be used for the
purposes intended at the time the TIF was created in 1999.
10.
GN 2004-080 APPROVAL OF AGREEMENT WITH BIRDVILLE
INDEPENDENT SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS -
RESOLUTION NO. 2004-056
APPROVED
City Council Minutes
August 23, 2004
Page 8
Ms. Karen Bostic, Managing Director of Administrative/Fiscal Services, presented an
agreement in which BISD has agreed to assist in funding five School Resource Officers
located at Birdville High School, Richland High School, Northridge Middle School, North
Richland Middle School and Smithfield Middle School. BISD will reimburse the City for
50% of the personnel costs for the School Resource Officers for the 2004-05 school
year for a total amount of $149,583.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-080, APPROVING RESOLUTION No.
2004-056 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BIRDVILLE
INDEPENDENT SCHOOL DISTRICT FOR THE REIMBURSEMENT OF 50% OF THE SCHOOL
RESOURCE OFFICER PERSONNEL COSTS FOR THE 2004-2005 SCHOOL YEAR. COUNCILWOMAN
BIELlK SECONDED THE MOTION.
Motion to approve carried 7-0.
11.
GN 2004-074 RESOLUTION TO SUBMIT TO THE TEXAS MUNICIPAL LEAGUE ON
TELECOMMUNICATIONS DISCOUNTS FOR LIBRARIES AND SCHOOLS -
RESOLUTION NO. 2004-053
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, advised the proposed resolution will
be submitted to Texas Municipal League requesting support of legislation on
telecommunications discounts to libraries and schools. As a result of telephone
deregulation certain telecommunication companies are required to provide to libraries
and schools advanced telecommunications services, including T-1 and DS-3 lines, at a
discounted price and with no installation charge. Without action by the Legislature
during the next session, these discounts will expire August 2005. The proposed
resolution encourages the legislature to support legislation that will extend and continue
these discounts.
MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2004-053. COUNCILMAN
WELCH SECONDED THE MOTION.
Motion to approve carried 7-0.
City Council Minutes
August 23, 2004
Page 9
12.
GN 2004-0075 RESOLUTION TO SUBMIT TO THE TEXAS MUNICIPAL
LEAGUE OPPOSING ADDITIONAL DATA COLLECTION REQUIREMENTS
TO THE TEXAS RACIAL PROFILING LAW -
RESOLUTION NO. 2004-054
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, advised the proposed resolution
opposes the addition of more data collection requirements to the Texas Racial Profiling
Law. The resolution requests the Texas Municipal League oppose additional data
collection requirements.
COUNCILMAN METTS MOVED TO APPROVE RESOLUTION No. 2004-054. COUNCILWOMAN
BIELIK SECONDED THE MOTION.
Motion to approve carried 7-0.
13.
GN 2004-076 RESOLUTION TO SUBMIT TO THE TEXAS MUNICIPAL LEAGUE
OPPOSING CHANGES TO SALES TAX LAW THAT PROMOTES
POINT-OF-DESTINATION SALES TAX SOURCING -
RESOLUTION NO. 2004-055
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, advised the proposed resolution
opposes changes to sales tax law that promotes point-of-destination sales tax sourcing.
A point-of-destination sourcing system will have negative impacts to sales tax revenues.
The Texas Municipal League is being requested to oppose changes that will promote
point-of-destination sales tax sourcing.
COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No.. 2004-055.. COUNCILMAN
LEWIS SECONDED THE MOTION.
Motion to approve carried 7-0.
14.
GN 2004-077 APPOINTMENT TO LIBRARY BOARD - PLACE 7
APPROVED
City Council Minutes
August 23, 2004
Page 10
Ms. Patricia Hutson, City Secretary advised Councilman Welch was recommending the
appointment of Tammie Walker to Place 7 on the Library Board, term expiring June 30,
2005.
COUNCILMAN WELCH MOVED TO APPROVE THE APPOINTMENT OF TAMMIE WALKER TO PLACE 7
ON THE LIBRARY BOARD. COUNCILWOMAN BIELIK SECONDED THE MOTION.
Motion to approve carried 7-0.
15.
GN 2004-078 APPOINTMENT TO TEEN COURT ADVISORY BOARD - PLACE 4
APPROVED
Ms. Patricia Hutson, City Secretary, advised Councilwoman Johnson was
recommending the appointment of Sixto A. "Tito" Rodriguez, III to the Place 4 position
on the Teen Court Advisory Board, term expiring June 30,2006.
COUNCILWOMAN JOHNSON MOVED TO APPROVE THE APPOINTMENT OF SIXTO "TITO"
RODRIGUEZ TO THE TEEN COURT ADVISORY BOARD. COUNCILMAN METTS SECONDED THE
MOTION.
Motion to approve carried 7-0.
16.
GN 2004-079 APPOINTMENT TO PARK AND RECREATION FACILITIES
DEVELOPMENT CORPORATION - PLACE 5
COUNCILMAN METTS MOVED TO APPOINT Ms. KIM KIRBY TO PLACE 5 ON THE PARK AND
RECREATION FACILITIES DEVELOPMENT CORPORATION. COUNCILWOMAN JOHNSON
SECONDED THE MOTION.
Motion to approve carried 7-0.
17.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
None.
City Council Minutes
August23,2004
Page 11
18.
INFORMATAION AND REPORTS
Councilman Lewis presented the following information and reports:
The City Council of North Richland Hills has called a special election for September 11,
2004 concerning a Tax Freeze for Senior & Disabled Homesteads. Early voting begins
August 25th and continues to September ¡th from 8:00 a.m. to 5:00 p.m. M-F except for
Labor Day (Monday September 6th). Registered voters can vote at City Hall during the
early voting times.
Election Day is on September 11th, polls will be open from 7:00 a.m. to 7:00 p.m. Call
the City Secretary for more information on polling locations.
All City offices will be closed Monday September 6th in observance of Labor Day.
Garbage will be collected as usual.
Information
Auaust 28th
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Reggie Washington, Ricky Beard, RC Coffman, Edward Holt, Donna Carpenter,
Kenneth Humphrey, Ron Johnson, Ron Knight, Gene Olson, Melissa Woods, Building
Maintenance Staff, Building Services Department - We want to recognize our building
maintenance crew for on a job well done in assuring the cleanliness and upkeep of all
our City facilities. Day in and day out you help maintain a professional atmosphere at
all of our City's facilities. Your dedication and hard work exemplify the level of service
expected of all NRH employees.
City Council Minutes
August 23, 2004
Page 12
19.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 9:09 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
CITY OF
NORTH RICH LAND HILLS
\''- Department: Planning Department
Council Meeting Date: 9/13/04
Subject: Consideration of a ReQuest from Arcadia Land Partners 25 Agenda Number: FP 2004-02
LTD. to Approve the Final Plat of Home Town East Infrastructure I Addition (Located East of the
Home Town Lakes -7.583 acres).
Case Summary: The purpose of the proposed plat is to provide street and alleyway access
to areas of the Home Town Development east of the lakes (including the new elementary
school). These proposed streets' will complete access from Davis Boulevard to Mid-Cities
Boulevard and Grapevine Highway through the Home Town development.
Thoroughfare Plan: The plat consists of street and alley ROW only (Bridge Street, Ice
House Drive, Parker Boulevard, Grand Avenue and an alleyway connecting Parker Boulevard
and Cardinal Lane). The proposed ROW widths and their alignments are consistént with the
Thoroughfare Plan Revision (ref. PZ 2003-28) for this area approved in March by the Council.
Staff Review: Attached is a letter from the Public Works Department stating that the request
has met all platting requirements and recommending that the plat be placed on the Council's
agenda for consideration.
Planning and Zoning Commission Recommendation: The Planning and Zoning
"--.. Commission at their meeting on August 19,2004 recommended approval of FP 2004-02 by a
vote of 7-0.
Recommendation: To Approve the Final Plat of Home Town East Infrastructure I
Addition subject to the following stipulation:
1) A revision to the spelling of Ice Haus Drive (as shown on the plat) to Ice House
Drive.
The street immediately adjacent the former Blue Line Ice facility has been addressed in
various city and county records (including 911, Water Department files and construction
records) as Ice House Drive. To avoid confusion with existing records, the spelling will need to
be revised from that shown on the plat.
Review Schedule:
Application: 7/20/04
Final Hearing: 9/13/04
Total Review Time: 7 weeks
Finance Review
~
Account Number
Sufficient Funds AVa11aDle
Finance Director
'--
N
w4te
5
NRH
FP 2004-02
Final Plat
Home Town
East Infrastructure 1
Prepared by Planning 08/31/04
NI~H
CITY OF NORTH RICHLAl\TD HILLS
Public Works / Administration
August 5,2004
MEMO TO: Donna Jackson, Planner
FROM:
Caroline Waggoner, Engineer Associate
6)
SUBJECT: Home Town East Infrastructure 1
Final Plat
Public Works has reviewed the Final Plat submitted to this office on August 5, 2004.
All of Public Works' requirements have been met. We recommend placement on the
next Planning and Zoning meeting agenda. Following approval by the Planning and
Zoning Commission, we recommend placement on the subsequent City Council
Meeting Agenda.
cc: Lance Barton, P.E., Public Works Assistant Director
Dave Green, Planning Director
Jones & Boyd, Inc., via fax
CLW/pwm2004-139
p,o, Box 320609' Î'JorUl Ric!\land i-Hils, Texas 7ß182·0609
1301 :\Jortheast l.oop H20, (81ì) 4:::7 -6400 " Fax (817) 427-6404
FP 2004-02
CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25,
LTD. TO APPROVE THE FINAL PLAT OF HOME TOWN EAST
INFRASTRUCTURE 1 ADDITION (LOCATED EAST OF THE HOME TOWN
LAKES - 7.583 ACRES).
APPROVED
Mr. Green explained that this plat involves street right-of-way only. The purpose
of this plat is to plat the roadway system from where Bridge Street currently
terminates over to Grapevine Highway and then further across to Mid Cities.
Staff feels that will open up the area for development. In addition, BISD's new
elementary school will be built on this site and the streets will be there to serve
that development too. Public Works comments state that all staff issues have
been resolved with this plat and staff recommends approval.
Mr. Shiflet noted that the applicant is present (Arcadia Land Partners 25 L TO).
Chairman Bowen asked if the applicant had any questions or comments. He did
not.
Mr. Bowen, seconded by Ms. Cole, motioned to approve FP 2004-02. The
motion was approved unanimously (7-0).
Mr. Bowen commented that it's good to see this roadway development as it will
open up Home Town east of the lake.
..
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 9/13/04
Subject: Consideration of a ReQuest from N3 Capital to Approve Agenda Number: RP 2004-07
The Final Plat of Lots 2-R2 & 2-R3, Block 13 Snow Heights North Addition Being a Replat of Lot
2-R, Block 13 Snow Heights North Addition (Located in the 5100 Block of Rufe Snow Drive -
.407 acres).
Case Summary: The purpose of this replat is to create a separate lot from the existing Lot 2-
R for the purpose of developing a Starbuck's Coffee Store.
Zoning of Site: The site is currently zoned "C-2" Commercial. No rezoning of the site is
necessary for the proposed use.
Existing use ¡Proposed Use: The site is currently used as parking spaces for the adjacent
commercial center. The applicant is proposing to construct a Starbuck's Coffee Shop with
drive thru window. The remaining parking spaces are sufficient in number to meet standards
for the existing businesses on Lot 2R-2.
Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. The
proposed use is consistent with the Plan.
"-
Thoroughfare Plan: The site fronts Rufe Snow Drive, a 7 -lane, undivided, principal arterial
with 130' ROW. Actual access to the site will be via two private access easements.
Staff Review: Attached is a letter from the Public Works Department stating that all plat
requirements have been met and the plat is recommended for placement on the Council's
agenda.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on August 19, 2004 recommended approval of RP 2004-07 by a
vote of 5-2.
Recommendation: To Approve the Final Plat of Lots 2-R2 & 2R3, Block 13 Snow Heights
North Addition.
Review Schedule:
Application: 7/12/04
Final Hearing: 9/13/04
Total Review Time: 8 weeks
Finance Review
Source of Funds:
Bonds (GOlRev.)
~udget .___
" Other \ -;r-
~
~
Account Number
Sufficient Funds AvauaOle
Finance Director
'....
Lewis Dr.
Combs Rd.
I
~ lot 2R-11
CD' ~
C/)
:::¡
o
~
o
-,
Loop 820
N
W~~~E
~~
S
NRH
Final Plat
Lots 2R-1 & 2R-2, Block 13
Snow Heights North Addition
Prepared by Planning 08/31/04
Ni~H
~.'. ::¡¡¡:':!.'j~:-¿::',:;¡:
_. -..... --.. -,-
September 3, 2004
MEMO TO: Donna Jackson, Planner
FROM: Caroline Waggoner, Engineer Associate
SUBJECT: Snow Heights North Addition; Lots 2R-1 & 2R-2, Block 13
Re-Plat; RP 2004-07
Public Works has reviewed the Final Plat submitted to this office on August 11, 2004. We
recommend placement on the next Planning and Zoning meeting agenda. We recommend
placement on the next City Council Meeting Agenda.
cc: Lance Barton, P.E., Public Works Assistant Director
Dave Green, Zoning Administrator
CLW/pwm2004-162
RP 2004-07
CONSIDERATION OF A REQUEST FROM N3 CAPITAL TO APPROVE THE
FINAL PLAT OF LOTS 2-R2 & 2-r3, BLOCK 13 SNOW HEIGHTS NORTH
ADDITION BEING A REPLA T OF LOT 2-R, BLOCK 13 SNOW HEIGHTS
NORTH ADDITION (LOCATED IN THE 5100 BLOCK OF RUFE SNOW DRIVE
-- .407 ACRES).
APPROVED
Mr. Green explained that this site is located on the east side of Rufe Snow
between Frijoles Restaurant on the south and a retail center on the north. This
property is owned by Fountain of Life Church. A small lot will be developed as a
primarily drive-through Starbucks facility. Public Works comments state that all
plat requirements have been met but Public Works would like to have three items
met in response to Starbucks construction plans. Staff recommends approval
subject to Public Works comments.
Mr. Sapp asked if this is currently a paved parking lot. Mr. Green responded that
it is.
Chairman Davis asked why it matters if it is Starbucks since there are no new
street curb cuts on Rufe Snow. Why is a different traffic analysis needed on a
private piece of property? Mr. Barton explained that traffic flow for a drive-
through Starbucks was analyzed and approved, but if some other type of use
became a tenant at this location, Public Works would need to reevaluate whether
or not the new tenant's traffic needs would function properly at this location.
Chairman Davis stated that none of this development is on public streets
therefore he doesn't see how it matters to the City if the parking lot gets jammed
up.
Mr. Barton explained that the City is concerned with access, the amount of trips
coming out of the driveways in this parking lot going onto Rufe Snow. Chairman
Davis wished there were more trips coming out of this parking lot instead of a
church.
Mr. Curtis added that whenever any development comes in a trip generation form
is required which is used to make a decision on whether or not a more complete
traffic impact analysis is needed. In this case, Starbucks gave the City trip
generation data on how quickly, on average, people move through the Starbucks
line and staff's concern is that if something else goes in that will take more time
than what can be obtained at a Starbucks-type establishment, then the issue
becomes how long the cars will be waiting in line. Chairman Davis stated that it's
private property and he doesn't understand why the City cares how long they
wait in line as long as they are not blocking a fire lane or parking on a public
street.
Mr. Curtis stated that Starbucks data shows that fire lanes won't be blocked and
lines of cars won't back up onto Rufe Snow. If something else comes in and
generates less traffic but it takes more time for the customers to go through the
line then that could cause the same concerns - blocking the fire lanes or backing
into Rufe Snow.
Chairman Davis responded that he believes it shouldn't matter if it's a Starbucks
or a chicken shack if they meet the platting requirements.
Mr. Curtis commented that Public Works requires a traffic impact analysis on any
plat. In this case, that requirement was met when Starbucks showed data that
proved the City would not have to deal with issues of cars backing out onto Rufe
Snow.
Ms. Cole, seconded by Mr. Bowen, motioned to approve RP 2004-07 subject
to Public Works comments. The motion passed 5-2 with Mr. Davis and Mr.
Schopper voting against based on the Public Works requirement of a Letter
of Intent.
~
CITY OF
NORTH RICHLAND HILLS
',,-__ Department: BudQet & Research
Council Meeting Date: 9/13/2004
Subject: Approval of 2004 Certified Tax RolI- Resolution 2004-057 Agenda Number: GN 2004-081
Tarrant Appraisal District has provided the City with the 2004 Certified Tax Roll
information. This includes the most current appraisal information, exemptions for disabled
veterans, persons over 65, homestead and disabled persons, abatement value losses,
freeport inventory value loss and agricultural value losses. These values also include the
new construction, the minimum value of properties still under protest, and the estimated
net taxable value of incomplete properties. The certified values for the City of North
Richland Hills are $3,123,329,408. This is the amount used to calculate the effective tax
rate and property tax revenues for the fiscal year 2005 budget, and it is recommended to
be certified and accepted by the City Council.
Recommendation:
To approve Resolution 2004-057 and the Certified Tax Roll in the amount of
$3,123,329,408 for the tax year 2004.
',--
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
RESOLUTION NO. 2004-057
WHEREAS, the City Council of the City of North Richland Hills, Texas received
the Ad Valorem Tax Rolls for the year 2004 from Tarrant Appraisal District in the amount of net
taxable value of $3,123,329,408 including minimum value of properties pending disposition before the
Appraisal Review Board and the estimated net taxable value of incomplete properties; and
WHEREAS, the City Council studied said Tax Rolls and approved same on
September 13, 2004.
NOW THEREFORE, be it resolved by the City Council of the City of North
Richland Hills, Texas that:
1.
The approval of said Tax Rolls received from Tarrant Appraisal District in July
2004, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this
City for 2004 and it is hereby in all things adopted and approved.
PASSED AND APPROVED the 13th day of September 2004.
APPROVED:
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples - Attorney for City
APPROVED AS TO CONTENT:
Karen Bostic - Managing Director
/'l'
CITY OF
NORTH RICHLAND HILLS
Jepartment: Administration
Council Meeting Date: 9/13/2004
Subject: Contract AuthorizinQ Pass- Throuqh State Grant AQreement Agenda Number: GN 2004-082.
for NETS
A contract proposal between North Richland Hills and the Texas Department of
Transportation has been received providing for the continuation of State funding for the
Northeast Transportation Service (NETS). The City is acting as a pass-through conduit for,
the grant funds. No City funding is required to administer the contract.
NETS provides on-call transportation service to the elderly and disabled in many cities in
northeast Tarrant County. The primary focus of the service is to provide transportation to
places of employment and medical appointments. The contract for the grant agreement
becomes effective September 1, 2004, or as soon as it is executed, and expires August
31, 2005. This contract does not effect the City's budgeted participation in the NETS
program.
Recommendation
To authorize the contract allowing the City to act as pass through until August 31, 2005.
/_.
/
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
lii.c&= 40-
Department Head ~
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
Page 1 of 1
R>-_.t'IENT: North East Transportation Service (NETS)
SERVICE AREA: Bedford, Colleyville. Euless. Grapevine, Haltom City, Hurst, Keller, and North Richland Hills.
STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT
GRANT AGREEMENT NO.: 515 02F7059
STATE PROJECT NO. URB0502( 02)
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
STATE/LOCAL URBAN PUBLIC
TRANSPORTATION GRANT AGREEMENT
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State," and the North East Transportation
Service (NETS), hereinafter called the "Recipient."
WITNESSETH
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in
procuring aid for the purpose of establishing and maintaining public and mass transportation projects
and to administer funds appropriated for public transportation under Transportation Code, Chapter
456; and,
.oHEREAS, the Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted an application for
state financial assistance to be used to provide transportation services as described in Attachment A;
and,
WHEREAS, the Texas Transportation Commission has approved the request Minute Order Number
109722;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set
forth, the State and the Recipient hereto agree as follows.
AGREEMENT
ARTICLE 1. GRANT PERIOD
This grant agreement becomes effective when fully executed by both parties or on September 1,
2004 whichever is later. This grant agreement shall terminate on August 31, 2005 unless terminated
or otherwise modified as hereinafter provided.
ARTICLE 2. PROJECT DESCRIPTION
The Recipient shall commence, carry out and complete the public transportation project described in
Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical and
efficient manner. The Recipient shall carryout the public transportation project described in
Attachment A, Approved Project Description in accordance with the provisions of the Project
Description, this grant agreement, federal and state law, and federal and state regulations.
If applicable, the Recipient shall begin competitive procurement procedures no later than thirty (30)
days after the effective date of this grant agreement for the purchase of the approved line item(s)
referenced in Attachment ß, project Budget. No later than sixty (60) days after the issuance of public
North East Transportation Service (NETS) URB0502( 02)
Page 1 of 13
nt ;ation, the Recipient shall publiciy open all bids. The Recipient shall issue a purchase order no
later than thirty (30) days after the opening of an acceptable bid. The Recipient shall notify the
department in writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
A. The maximum amount payabie under this grant agreement without modification is $110,124.00
provided that expenditures are made in accordance with the amounts and for the purposes
authorized in Attachment A, Approved Project Description and Attachment B, Project Budget.
B. The State's reimbursement to the Recipient is contingent upon the availability of appropriated
funds. The State shall have no liability for any claims submitted by the Recipient or its
subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not
available to pay the Recipient's claims.
C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the
grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A,
Approved Project Description and Attachment B, Project Budget.
D. The Recipient must submit requests for reimbursement to the State no more frequentiy than
monthly and no later than forty-five (45) days after the date of the invoices submitted for
reimbursement. The Recipient will use invoice statements acceptable to the State. Additional
documentation to support any cost incurred during the billing period may be required at the
discretion of the State. As a minimum, each biiling must be accompanied by a summary by
budget line item which indicates the total amount authorized for each line item, previous
expenditures, current period expenditures and the balance remaining in the line item.
The original and one copy of the invoice is to be submitted to the following address:
Maribel P. Chavez, P.E., District Engineer
Texas Department of Transportation
2501 S.W. Loop 820
Fort Worth I Texas 76133
F. The State wiil make payment within thirty (30) days of the receipt of property prepared requests
for reimbursement.
G. The Recipient wiil submit a finai biiling within forty-five (45) days of the completion or termination
of the grant agreement in accordance with Article 1, Grant Period.
H. Because this contract provides for reimbursement of costs that have already been incurred, it is
the expectation of the State that all subcontractors and vendors wiil have been paid before a
request for reimbursement is submitted. If for any reason a subcontractor or vendor has not
been paid the Recipient shall pay that subcontractor and/or vendor for work performed within ten
(1 0) days after the Recipient receives payment for the work performed by the subcontractor.
Also, any retained monies on a subcontractor's work shall be paid to the subcontractor within ten
(10) days after the Recipient receives any retainage payment. The State shall not be responsible
for the debts of the Recipient.
The requirement of paying contractors and vendors within ten (10) days is also applicable to all sub-tier
subcontractors and the above provisions shall be made a part of all subcontracts.
Failure to compiy with any of the above requirements may cause withholding of payments to the
Recipient and wiil be grounds for termination of this grant agreement by the State.
ARTICLE 4. AMENDMENTS
A. Except as noted beiow, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties hereto before
URB0502( 02)
North East Transportation Service (NETS)
Page 2 of 13
additional work may be performed or additional costs incurred. Any amendment so approved
must be executed by both parties within the grant period specified in Article 1, Grant Period.
B. The Recipient is authorized to re-budget without a formal amendment when the proposed
revision involves an increase in one category and a corresponding decrease in another,
provided however, that any such revision meets all of the following criteria:
1. Does not result in the need for additional funds; and,
2. Does not exceed ten percent of the current total approved budget and the federal or state
funding exceeds $100,000; and,
3. Does not involve a transfer of funds from an authorized capital equipment purchase to
another category; and, .
4. Does not invotve a transfer of funds from training to another expense category; and,
5. Does not involve a transfer of funds from construction to a non-construction category; and,
6. Does not involve a transfer of funds from a direct to indirect cost category.
C. If a proposed revision meets all of the criteria listed above, the Recipient must notify the State in
writing before the revision is made, describing the revision, explaining the need, and certifying
that it complies with the above criteria.
ARTICLE 5. SUBCONTRACTS
The Recipient shall not enter into any subcontract with individuals or organizations for the purchase of
equipment and/or to provide professional services without prior authorization and consent to the
subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions
required by state or federal law. Recipients shall furnish the department notice of the intent to award
purchase order or contract to any individuals or organizations not a part of the Recipient's
organization when the amount of the purchase meets or exceeds the threshold level in the
Government Code or Local Government Code (or $15,000 for those entities not covered by the
Government Code or Local Government Code) requiring formal competitive procurement. Purchases
shall not be split out to stay below the threshold amount. No subcontract will relieve the Recipient of
its responsibility under this grant agreement.
ARTICLE 6. AUDIT REQUIREMENTS
Recipient audit procedures shall meet or exceed the audit requirements outlined in applicable Federal
Office of Management and Budget (OMB) publications as follows:
OMB Circular A-21 , Cost Principles for Educational Institutions
OMB Circular A-87 , Cost Principles for State and Local Governments
OMB Circular A-122, Cost Principles for Nonprofit Organizations
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
ARTICLE 7. PROCUREMENT STANDARDS
Recipient procurement standards shall meet or exceed the requirements of 49 C.F.R. §18.36
including standards for competitive procurements; methods of procurement; contracting with small
and minority firms, women's business enterprise and labor surplus area firms; contract cost and price;
awarding agency review; insurance and bonding.
The Recipient's procurement system must include but not be limited to the following procurement
standards.
\. procurement procedures which reflect applicable state and local laws and regulations, provided
that the procurements conform to applicable federal law and the standards identified in this
section.
URB0502( 02)
North East Transportation Service (NETS)
Page 3 of 13
F A contract administration system which ensures that contractors perform in accordance with the
terms, conditions, and specifications of their contracts or purchase orders.
C. A written code of standards of conduct governing the performance of employees engaged in the
award and administration of contracts. No employee, officer, or agency of the Recipient shall
participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved.
D. A process for review of proposed procurements to avoid purchase of un·necessary or duplicative
items.
E. Use of state and local intergovernmental agreements for procurement or use of common goods
and services to foster greater economy and efficiency.
F. Use of value engineering clauses in contracts for construction projects.
G. Awards made only to responsible contractors possessing the ability to perform successfully
under the terms and conditions of a proposed procurement, giving consideration to such matters
as contractor integrity, compliance with public policy, record of past performance, and financial
and technical resources.
H. Records sufficient to detail the significant history of procurement, including rationale for the
method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
I. Limited use of time-and-materials contracts.
J. Use of good administrative practices and sound business judgment to settle contractual and
administrative issues arising out of procurements.
K. Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of information regarding the protest.
L Procurement transactions conducted in a manner that provides full and open competition.
M. If equipment or real property is transferred to a Recipient, that equipment or real property shall
be owned and operated in accordance with the same rules and regulations governing the
ownership and operation of equipment or real property acquired with financial assistance from
the State.
N. The equipment and program provisions survive the contract duration.
O. These standards will only apply to the project described in Attachment A, Approved Project
Description.
For those projects requiring a formal competitive process, the Recipient shall furnish a copy of the
public notification, prior to issuance, along with any other procurement documents requested by the
department, for department review and approval. Upon procurement of items under this grant
agreement, the Recipient shall submit to the State a list of all bidders and subcontractors that quoted
on the procured items. The Recipient shall submit the list with their requests for reimbursements and
must include names, addresses, telephone numbers, and type(s) of work quoted.
ARTICLE 8. PROPERTY MANAGEMENT
The State must concur in the award of all purchase orders for non-expendable personal property as
defined in 49 C.F.R. Section 18.31.
ARTICLE 9. EQUIPMENT MANAGEMENT
Ä. Management standards include, but are not limited to:
1. Recording the State's security interest as a lien on the certificate of title of the vehicle at the
time of purchase in accordance with Transportation Code, Chapter 501.
URB0502( 02)
North East Transportation Service (NETS)
Page 4 of 13
2. Maintain equipment records that include a description of the equipment; a serial number or
other identification number; the source of equipment; who holds title; the acquisition date
and cost of the equipment; percentage of federal and state participation in the cost of the
equipment; the location, use and condition of the equipment; maintenance history for each
vehicle; and ultimate disposition data including the date of disposal and sale price.
3. Conduct a physical inventory of the .equipment at least once every two (2) years and
reconcile the inventory with equipment records described in the preceding paragraph.
4. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment. Any loss, damage, or theft shall be investigated.
5. Develop and follow procedures to kee.p the equipment maintained and in good coodition. At
a minimum, the Recipient shall follow the vehicle maintenance schedule recommended by
the manufacturer, showing the date the maintenance was performed. Maintenance records
shall be provided to the State upon request.
6. Request disposition instructions from the State, and if authorized to sell the equipment, use
proper sales procedures to insure the highest possible return.
B. The Recipient will comply with Title 43, Texas Administrative Code §31.53, to protect the public
investment in real property and equipment purchased in whole or in part with state or federal
funds.
C. In the event that project equipment is not used in the proper manner or is withdrawn from public
transportation services, the Recipient shall' immediately notify the State. The State reserves the
right to direct the sale or transfer of property acquired under this grant agreement upon
determination by the State that said property has not been fully or properly used.
All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety
Standards established by the US Department of Transportation.
E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the
event of loss or damage to project property, whether by casualty or fire, the fair market value will
be the value of the property immediately before the casualty or fire.
F. The Recipient shall notify the State immediately of theft, wreck, vandalism or other destruction of
project-related facilities or equipment.
ARTICLE 10. COORDINATION
According to Title 43 of the Texas Administrative Code §31.49, the Recipient will at all times
coordinate the provision of public transportation services with other transportation operators, both
public and private, in the area. The Recipient wiil furnish the State copies of any agreement resulting
from such coordination. Agreements that authorize the payment of project funds to another entity are
subject to the approval requirements described in Article 5, Subcontracts.
ARTICLE 11. LABOR PROTECTION PROVISIONS
If applicable, the Recipient shall comply with the labor protection provisions as listed below.
The Recipient agrees that the following terms and conditions shall apply for the protection of
employees in the mass passenger transportation industry in the area of the project:
A. The project shall be carried out in such a manner and upon such terms and conditions as will not
adversely affect employees in the mass passenger transportation industry within the service
area of the project.
3. All rights, privileges, and benefits (including pension rights and benefits) of employees (including
employees already retired) shall be preserved and continued.
C. The Recipient shall be financially responsible for any deprivation of employment or other
worsening of employment position as a result of the project.
North East Transportation Service (NETS) URB0502( 02)
Page 5 of 13
D In the event an employee is terminated or laid off as a result of the project, he or she shall be
granted priority of employment or reemployment.to fill any vacant position for which he or she is,
or by training or retraining can become, qualified. In the event training is required by such
employment or reemployment, the Recipient shall provide or provide for such training or
retraining at no cost to the employee.
E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position
with respect to 'compensation, hours, working conditions, fringe be.nefits, or rights and privileges
pertaining thereto at any time during his or her employment as a result of the project, including
any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to
receive any applicable rights, privileges and benefits as specified in the employee protective
arrangement certified by the Secretary of Labor under Section. 405(b) of the Rail Passenger
Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of
employment or placed in a worse position with respect to compensation, etc., in case of his or
her resignation, death, retirement, dismissal for cause, or failure to work due to disability or
discipline. The phrase "as a result of the project" as used herein shall include events occurring in
anticipation of, .during, and subsequent to the project.
F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable,
the Recipient, the employees and/or their representatives may invoke the jurisdiction of the
Secretary of Labor to determine substitute fair and equitable employee protective arrangements
which shall be incorporated in these conditions.
G. The Recipient agrees that any controversy respecting the projecfs effects upon employees, the
interpretation or application of these conditions and the disposition of any claim arising
hereunder may be submitted by any party to the dispute including the employees or their
representative for determination by the Secretary of Labor, whose decision shall be final.
H. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail
as to provide the basic information necessary to the making of the decisions called for in the
preceding paragraph.
I. The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient
is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with
the provisions of 49 U.S.C., Section 5333(b).
The notice shall also specify the terms and conditions set forth herein for the protection of employees.
ARTICLE 12. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using appropriate
and necessary inspections, including but not limited to periodic reports, physical inspection of
project facilities, telephone conversations. letters, and conferences.
B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its
contractors to verify the extent of services provided under the terms of the grant agreement.
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable times.
C. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
URB0502( 02)
North East Transportation Service (NETS)
Page 6 of 13
A· -ICLE 13. REPORTS
A. The Recipient shall submit written or electronic reports at intervals and in a format prescribed by
the State.
1. Quarterly Operating Report - No later than fifteen (15) working days after the end of the
quarter, for which the report is made, the Recipient shall submit an activity report to the
State. At a minimum, the quarterly operating report will include the number of vehicles in
operation; total one-way passenger trips; total miles traveled; total expenses, including
administrative and operating expenses; revenue, including fares and donations, operating
cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile
traveled. The State may require more frequent operating reports for reasons of its.own, or if
the Recipient does not provide· the reports in a timely manner or if the reports indicate
unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other capital
equipment, the Recipient shall submit a quarterly report consisting of a brief narrative
including but not limited to procurement milestones, including date of purchase order, vendor
name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Recipient shall submit
quarterly narrative reports which include but are not limited to the progress of construction.
B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise
the State in writing if at any time the progress of the project will be negatively or positively
impacted, including: .
1. Problems, delays or adverse conditions that will materially affect the Recipient's ability to
attain program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Recipient and any
State assistance needed to resolve the situation.
2. Favorable developments or events that will enable the Recipient to meet time schedules and
goals sooner than anticipated or produce more work units than originally projected.
C. Every two (2) years, or more frequently when instructed by the State, the Recipient shall conduct
a physical inventory of grant-supported property as set forth in Article 9, Equipment
Management, and furnish the State a copy of the inventory.
D. The Recipient shall maintain written maintenance records for each grant-supported vehicle, and
shall make such records available to the State upon request. As a minimum, the Recipient shall
comply with the manufacturer's recommended maintenance schedule.
ARTICLE 14. DISPUTES AND REMEDIES
A. The Recipient shall be responsible for the settlement of all contractual and administrative issues
arising out of procurements entered in support of the grant.
B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement
issue shall be submitted for resolution by informal mediation, in accordance with the
requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code,
unless the subject matter applies under Title 43, Texas Administrative Code §9.2.
C. This agreement shall not be considered as specifying the exclusive remedy for any default, but
all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
North East Transportation Service (NETS)
URB0502( 02)
Page 7 of 13
Ar-ICLE 15. TERMINATION
A. The State may terminate this grant agreement at any time before the date .of completion
whenever it is determined that the Recipient has failed to comply with the conditions of the grant
agreement. The State shall give written notice to the Recipient at least thirty (30) days prior to
the effective date of termination and specify the effective date of termination, the reason for the
termination, and other termination instructions. Additionally, if the State notifies the Recipient of
a major deficiency and the Recipient does not respond in the manner required by the State,. the
State will, immediately terminate the contract, direct the disposition of equipment purchased with
grant funds, or both.
B. If both parties to this grant agreement agree that the continuation of the grant would not produce
beneficial results commensurate with the further expenditure of funds, the parties shall agree
upon the termination conditions, including the effective date. In the event that both parties agree
that resumption of the grant is warranted, a new grant agreement must be developed and
executed by both parties.
C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to
the other for reasons of its own and not subject to the approval of the other party. In the event of
termination for convenience, neither the State nor the Recipient shall be subject to additional
liability except as otherwise provided in this agreement.
D. Upon termination of this grant agreement, whether for cause or at the convenience of the parties
hereto, title to all property and equipment remains with the Recipient subject to the obligations
and conditions set forth in this grant agreement and 49 C.F.R. 18.31 and 18.32, unless the state
or federal funding agency issue disposition instructions to the contrary.
In the event of termination, the State may compensate the Recipient for those eligible expenses
incurred during the grant periods that are directly attributable to the completed portion of the
grant covered by this grant agreement, provided that the grant has been completed in
accordance with the terms of the grant agreement. The Recipient shall not incur new obligations
for the terminated portion after the effective date of termination.
F. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason
of any failure in performance of this grant agreement in accordance with its terms (including any
failure by the Recipient to progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the Recipient. Such causes
may include but are not limited to acts of God or of the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or negligence of the Recipient.
ARTICLE 16. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS
REQUIREMENTS FOR PUBLIC TRANSPORTATION CONTRACTS
It is the policy of the United States Department of Transportation (USDOT) and the Texas
Department of Transportation (TxDOT) that Disadvantaged Business Enterprises (DBE) as defined in
49 C.F.R. Part 26 shall have the opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds. Consequently, the DBE and the TxDOT's DBE Program
requirements of 49 C.F.R. Part 26 apply to this contract as follows:
A. The Recipient and any subcontractor will strive to meet the annual DBE goal of 8.4% by offering
DBEs, as defined in 49 C.F.R. Part 26, Subpart A, the opportunity to compete fairly for contracts
and subcontracts. DBE participation shall be reported monthly.
B. The Recipient and any subcontractor shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts.
North East Transportation Service (NETS) URB0502( 02)
Page 8 of 13
(" These requirements shall be physically included in any subcontract.
D. Failure to carry out the requirements set forth above shall constitute a materiaL breach of this
contract and may, after the notification of the State, result in termination of the contract by the
TxDOT or other such remedy as the TxDOT deems appropriate.
ARTICLE 17. CONTROL OF SUBSTANCE ABUSE
A. The Recipient will certify compliance with 49 C.F.R. Parts 40,655 on or before September 1st of
each year, using the certification form furnished by the State.
B. Section 5307 Recipient's will submit a copy of the Management Information System (MIS)
reports by March 15th of each year using forms furnished by the State. .
C. Section 5311 Recipient's will submit required Management Information System (MIS) reports on
or before February 15th of each year using forms furnished by the State.
ARTICLE 18. PROHIBITED ACTIVITIES
A. Neither the Recipient nor any subcontractor shall use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature.
B. No member of or delegate to the Congress of the United States shall share in this grant
agreement or benefit from it, except in the same manner as the general public.
C. No member, officer or employee of the Recipient during his·.tenure or one (1) year thereafter
shall have any interest, direct or indirect, in this grant agreement or the proceeds thereof.
D. Texas Transportation Commission policy mandates that employees of the Texas Department of
Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this grant
agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of TxDOT's Executive Director.
E. Any persons doing business with or who may reasonably speaking do business with the State
under this grant agreement may not make any offer of benefits, gifts or favors to TxDOT
employees, except as mentioned here above. Failure on the part of the Recipient to adhere to
this policy may result in the termination of this grant agreement.
F. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no
officer, employee or member of the Recipient's governing board or of the Recipient's contractors
or subcontractors shall vote or confirm the employment of any person related within the second
degree by affinity or third degree by consanguinity to any member of the governing body or to
any other officer or employee authorized to employ or supervise such person.
This prohibition shall not prohibit the employment of a person who shall have been continuously
employed for a period of two (2) years prior to the election or appointment of the officer,
employee, governing body member related to such person in the prohibited degree.
ARTICLE 19. OPEN MEETINGS
If applicable, the Recipient will comply with Texas Government Code, Chapter 551, which requires all
regular, special or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution.
~RTICLE 20. INDEMNIFICATION
A. To the extent permitted by law, the Recipient shall indemnify and save harmless the State from
all claims and liability due to activities of its agents, employees or volunteers performed under
North East Transportation Service (NETS)
URB0502( 02)
Page 9 of 13
_.._---_.".---~--._~_."-~-_._--------"
this agreement and which result from an error, omission or negligent act of the Recipient or of
any person employed by the Recipient.
B. To the extent permitted by law, the Recipient shall also save harmless the State from any and all
expenses, including attorney fees, which might be incurred by the State in litigation or otherwise
resisting said claim or liabilities which might be imposed on the State as a result of activities by
the Recipient, its agents, employe~s or volunteers.
C. The Recipient acknowledges that it is not an agent, servant or employee of the State. and that it
is responsible for its own acts and deeds and for those of its agents, employees or volunteers
during the performance of the grant agreement.
ARTICLE 21. COMPLIANCE WITH LAWS
The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Recipient shall furnish the State
with satisfactory proof of compliance therewith.
ARTICLE 22. NONCOLLUSION
The Recipient warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the firm, to solicit or secure this grant, and that it has·' not paid or
aqreed to pay any company or person, other than a bona fide employee, any fee, commission,
rcentage, brokerage fee, gift or any other consideration contingent upon or resulting from the
award or making of this grant. If the Recipient breaches or violates this warranty, the State shall have
the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or
consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or
contingent fee.
ARTICLE 23. CIVIL RIGHTS
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Recipient agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Recipient agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply
to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Recipient agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order
Jo. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The Recipient agrees
North East Transportation Service (NETS) URB0502{ 02)
Page 10 of 13
to '(8 affirmative action to ensure that applicants are employed, and that employees are treated
dunng employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be 'limited to, the following: employment, upgrading,demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Recipient agrees to
comply with any implementing requirements FT A may issue.
(b) Age _ In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Recipient agrees to
refrain from discrimination against present and prospective employees for reason of age. In addition,
the Recipient agrees to comply with any implementing require.ments FT A may issue. .
(c) Disabilities _ In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Recipient agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities. In addition, the Recipient agrees to comply with any implementing requirements FTA may
issue. .
(3) The Recipient also agrees to include these requirements in each subcontract financed in whole or
in part with Federal assistance provided by FT A, modified only if necessary to identify the affected
parties. .
TICLE 24. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Recipient agrees that no otherwise qualified person with disability(s) shall, solely by reason of
his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject
to discrimination under the project. The Recipient shall insure that all fixed facility construction or
alteration and all new equipment included in the project comply with applicable regulations set forth at
49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act.
ARTICLE 25. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or
equipment, the Recipient shall retain program income and apply such income to allowable
capital or operating expenses. If federally funded, Program Income from royalties and
proceeds from sale of real property or equipment shall be handled as specified in
Attachment D -Federal Provisions.
B. The Recipient shall comply with standards governing the receipt and application of program
income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income
received by the Recipient directly generated by a grant supported activity, or earned only as a
result of this grant agreement during the time period specified in Article 1, Grant Period.
C. Program income includes income from fees for services performed, from the use or rental of real
or personal property acquired with grant funds, from the sale of commodities or items fabricated
under a grant agreement, and from payments of principal and interest on loans made with grant
funds. Except as otherwise provided in federal regulations, program income does not include
grant funds, rebates, credits discounts, refunds, and the interest earned on any of these
receipts.
North East Transportation Service (NETS)
URB0502( 02)
Page 11 of 13
~-"~_."-----~_.-
A~ 'CLE 26. SUCCESSORS AND ASSIGNS
The Recipient binds themselves, their successors, assigns, executors and administrat.ors in respect
to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this
agreement without the written consent of the State.
ARTICLE 27. LEGAL CONSTRUCTION
In case anyone or more of the pr.ovisions contained in this agreement shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
ARTICLE 28. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the public
transportation grant specifically authorized and funded under this agreement.
ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS
A. Signs _ The Recipient shall cause to be erected at the site of construction, and maintained
during construction, signs satisfactory to the State and the U. S Department of Transportation
identifying the project and indicating that the Government is participating in the development of
the project. .
B. Hazardous Materials - The Recipient will conduct an inspection of the building for hazardous
materials; asbestos and lead-based paint. Removal and disposal will be in accordance with
local, state and federal regulations, prior ~o the initiation of construction.
ARTICLE 30. NOT APPLICABLE
ARTICLE 31. SIGNATORY WARRANTY
The undersigned signatory for the Recipient hereby represents and warrants that he or she is an
officer of the organization for which he or she has executed this agreement and that he or she has full
and complete authority to enter into this agreement on behalf of the organization.
ARTICLE 32. INCORPORATION OF PROVISIONS.
Attachments A through D are attached hereto and incorporated into this contract as if fully set forth
herein.
North East Transportation Service (NETS)
URB0502( 02)
Page 12of13
I~ ·ESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
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:
Maribel P. Chavez, P.E.
Title: Fort Worth District Enqineer
Date:
RECIPIENT:
Recipient Name:
Service (NETS)
North
East Transportation
By:
Signature of Authorized Officer
Typed. Printed or Stamped Name
Title:
Date:
North East Transportation Service (NETS)
URB0502( 02)
Page 13 of 13
Attachments to Grant Agreement
A,+:¡ched and Incorporated into the Grant Agreement by Reference
Attachment
A
B
C
D
North East Transportation Service (NETS)
URB0502( 02)
Page 1 of 1
ATTACHMENT A
A,,",CROVED PROJECT DESCRIPTION
.
The application for State and/or Federal assistance, as submitted to the State, is hereby incorporated
into this agreement as the project description.
North East Transportation Service (NETS)
URB0502( 02)
Page 1 of 1
,
PROJECT DESCRIPTION
TYPE OF TRANSIT SERVICE:
Nhat type of service does/will your agency provide? (Please check all that
apply)
[g Demand-Response (also called point-to-point, route deviation)
A system of transporting individuals that responds at the request of the user. Both
general public transit services and services for elderly and disabled individuals may
be demand-response.
o
Fixed-Route:
A system of transporting individuals along a prescribed route according to a fixed
schedule without an advanced request by a passenger (i.e. where you have a set
route at . least three days per week whether or not you have riders). Fixed route
systems are usually transportation services for the general public.
o Commuter Bus:
A fixed route bus service characterized by travel predominantly in one direction
during peak hours, with limited stops. The ·.service is usually between the central
business district and outlying suburbs. Commuter bus service may also include
connections to other modes of transportation.
Passenger Type (please check all that apply):
o General Public (anyone who wishes to ride)
[8J Seniors
[8J Persons with disabilities
o Client or member-only (services limited to specific individuals and/or passengers
defined by a contract with another agency)
What percent of your ridership is/will be made up of non-seniors, non-disabled
persons, and non-contract service?
Percent: 0%
Page 8 of 18
Small Urbanized Area Formula Program
,-
"
[Please Insert Budget Page]
North East Transportation Service (NETS)
URB0502( 02)
ATTACHMENT B
PROJECT BUDGET
Page 1 of 1
~" Line Item Budget-First y~~-;---'
Effective Date: September 1,2004 (mm/dd/yy)
Completion Date: August 31,2005 l (mm/dd/yy)
Recipient: City of North Richland Hills -NETSUTDl
State Project No.: URB 402(02) I
Gr~ ,:reement No.: S1402F7059 I
mm hh . 225:6~.9
11,71,13 Purchase of Service ......~
.'::;;;.!i.IÎ
,.5~
.,:.:~
.:~
...:~
1. Personnel ..~
2, Fringe Benefits :';~:Ji!SIIIIIi
3. Office supplies ;,.;.,,)/!~I
Postage & printing ~
4. '. .;,:~'
5, Office equipment .:S,ç~
6, Telephone ..~
7, Insurance ;~-
8, Marketing .Ü..~
g, Travel-in·area ;.;..;~
10. Travel-out·area .._;~í'~
11. Space costs <~:~
12. Utilities .:¿~
13. Short term debt '~:,:-~':i~
14. Audit ~"r¡~
15. 'i:I;~
16. .i:'~
17. i',ytt~
18, "'f~
19. '.:,';\;~
20. :-;:,:~~
A. Capital
Federal All CODE
B. Planning
Description
C. Operating
Description
1. Personnel
2. Fringe Benefits
3. Fuel/Oil
t Maintenance/repairs
5. Vehicle Insurance
:;, Vehicle Storage
" Space/Utilities
3. Licensing
J. Driver Training
'0. Subcontracts
'1. Miscellaneous
2.
13.
14,
i5.
Page 1
Description
Total
State
110,124
Local
115,575
Toll Credits
Capital Subtotal
$225,699
110,124
115,575
(Line items maybe added on lines 15 to 20)
Total
Administrative Subtotal
:,.'.,~
"''''':~
;;~~
!~~-
:"<)-~-
:::.¡;i!MfIi
Gross Operating Subtotal
.~
,
-
Fare Box Revenuel
Net Operating Subtotal
:7.:fi
/~-
State
110,124
Maximum Reimbursable:
(State only)
110,124
Toll Credits:
ATTACHMENT C
DISCLOSURE OF LOBBYING ACTIVITIES
C' 11ete this orm to isc ose lobbying activities pursuant to 31 U .S.C. 1352
~
1. , ype of Federal Action: _B 2. Status of Federal Action: _8_ 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post award For Material Change Only:
d. loan year _ quarter -
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 4. If Reporting Entity in No.4 is Subawardee, Enter Name
Name: North East Transportation Service (NETS) and Address of Prime: ,
Address:
- Prime - Subawardee
Tier, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description
CFDA Number, if applicable:
8. Federal Action Number, If known: 9. Award Amount, if known:
10.a. Name and Address of Lobbying Entity: 10.b. Individual Performing Services (including address if
(if individual, last name, first name, MI): different from No.1 OA) (last name, first name, MI):
(attach Continuation Sheet( s) SF-LLL-A, if
necessary)
Amount of Payment (check all that apply): 12. Form of Payment (check all that apply):
a. cash
$ - actual b. in-kind; specify: nature -
planned value
13. Type of Payment (check all that apply):
- a. retainer - c. commission - e. deferred
- b. one-time fee - d. contingent fee - f. other; specify
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer( s),
employee(s), or Member(s) contacted, for Payment indicated in Item 11:
15. Continuation Sheet(s) SF-LLL-A attached: Yes No
16. Information requested through this form is Authorized Representative:
authorized by title 31 U.S.C. section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was placed Title:
by the tier above when this transaction was made or
entered into. This disclosure is required pursuant to 31 Signature
U.S.C. 1352. This information will be reported to the
Congress semi-annual and will be available for public Telephone:
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less Date:
than $10,000 and not more than $100,000 for each such
failure.
f d
North East Transportation Service (NETS)
Page 4 of 25
STATE PROJECT NO.:URB0502( 02)
ATTACHMENT D
FEDERAL PROVISIONS
fABLE OF CONTENTS
Section 1. Project Implementation.
A. General Requirements.
B. U.S. DOT Administrative Requirements.
C. Application of Federal, State, and Local Laws and Regulations.
D. 'Significant Participation by a Third Party ContractoL
E. Recipient's Responsibility to Extend Federal Requirements to Other Entities.
F. No Federal Government Obligations to Third Parties.
G.. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or
Litigation). .
H. Incorporation of Federal Transit Administration (FTA) Terms
I. State and Local Law Disclaimer
J. Federal Changes
Section 2. Ethics.
A.' Debarment and Suspension.
B. Lobbying Restrictions.
C. False or Fraudulent Statements or Claims.
Section 3. Accounting Records.
A. Project Accounts.
B. Documentation of Project Costs and Program Income.
Section 4. Reporting, Record Retention, and Access.
A. Record Retention.
B. Access to Records of Recipients and Recipients.
C. Project Close-out.
Section 5. Costs Reimbursed.
Section 6. Civil Rights.
A. Nondiscrimination.
B. Equal Employment Opportunity.
C. Requirements.
Section 7. Bus Requirements.
A. Charter Bus
B. School Bus
Section 8. Procurement.
A. Federal Standards.
B. Buy America.
C. Exclusionary or Discriminatory Specifications.
D. Bus Seat Specifications.
E. Clean Air and Clean WateL
F. Preference for Recycled Products.
G. Architectural, Engineering, Design, or Related Services.
H. Award to Other than the Lowest BiddeL
I. Rolling Stock.
J. Bonding.
K. National Intelligent Transportation Systems Architecture and Standards.
L. Fly America.
North East Transportation Service (NETS) Page 5 of 25 STATE PROJECT NO.:URB0502( 02)
~-'-_._._~----
M. Cargo Preference Requirements.
Section 9. Leases.
A. Capital Leases.
B. Leases Involving Certificates of Participation.
C. Cross-Border Leases.
Section 10. Patent Rights.
A. General.
B. Federal Rights.
Section 11. Rights in Data and Copyrights.
A. Definition.
B. State and Federal Restrictions.
C. Federal Rights in Data and Copyrights.
D. Special Rights in Data for Research, Development, Demonstration, and
Special Studies (Planning) Projects.
E. Hold Harmless.
F. Restrictions on Access to Patent Rights.
G. Statutory Requirements to Release Data.
Section 12. Use of Real Property, Equipment, and Supplies.
A. Use of Project Property.
B. General Federal Requirements.
C. 5310 Program.
D. Maintenance.
E. Records.
F. EncûmbranGe Of1'ra:ie~t ~I ujJ~lly. ..
G. Transfer of Project property.
H. Disposition of Project Property.
I. Misused or Damaged Project Property.
J. Obligations After Project Close-out.
Section 13. Insurance.
A. Minimum Requirements.
B. Flood Hazards.
Section 14. Relocation.
A. Relocation Protections.
B. Nondiscrimination in Housing.
Section 15. Real Property.
A. Land Acquisition.
B. Covenant Assuring Nondiscrimination.
C. Recording Title of Real Property.
D. FTA Approval of Changes in Real Property Ownership.
Section 16. Construction.
A. Drafting, Review, and Approval of Construction Plans and Specifications.
B. Supervision of Construction.
C. Construction Reports.
D. Project Management for Major Capital Projects.
E. Seismic Safety.
Section 17. Employee Protections.
A. Construction Activities.
North East Transportation Service (NETS)
Page 6 of 25
STATE PROJECT NO.:URB0502( 02)
B. Activities Not Involving Construction.
C. State and Local Government Employees.
D. Transit Employee Protective Arrangements.
Section 18. Environmental Requirements.
A. Use of Public Lands.
B. Coastal Zone Management.
C. Environmental Justice.
Section .19. Energy Conservation.
Section 20. State Management and Monitoring Systems.
Section 21. Right of Privacy.
Section 22. Not Applicable.
Section 23. Metric System.
Section 24. Substance Abuse.
A. Drug Abuse.
B. Alcohol Abuse.
Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems.
Section 26. Seat Belt Use.
Section 27. Special Requirements for Urbanized Area Formula Projects.
A. Fares and Services.
B. Audit Requirements.
C. Half-Fare Requirements.
D. Procurement of an Associated Capital Maintenance Product.
E. Transit Security.
F. Restrictions on the Use of Formula Assistance for Operations.
G. Reporting Requirements.
H. Criminal Sanctions.
Section 28. Not Applicable.
Section 29. Special Requirements for Job Access and Reverse Commute Grant
Projects.
A. General Requirements.
B. Restrictions on the Use of Grant Funds.
Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects.
A. General Requirements.
B. Special Requirements.
C. FT A Notice.
Section 31. Disputes, Breaches, Defaults, or Other Litigation.
A. Notification.
B. Federal Interest in Recovery.
C. Enforcement.
D. State and FTA Concurrence.
E. Termination for Convenience.
North East Transportation Service (NETS)
Page 7 of 25
STATE PROJECT NO.:URB0502( 02)
"_"_."__n___~_~_____._.____----------.
FEDERAL GENERAL TERMS AND CONDITIONS
FOR PUBLIC TRANSPORTATION PROJECTS
1 .:í document contains standard terms and conditions governing the administration of a public
transportation project supported with Federal assistance through the Texas Department of
Transportation ("State").
The State and the Recipient/Subgrantee ("Recipient") understand and agree that not every provision
of this document will apply to every Recipient or every project depending upon the nature of the
Project and the section of the statute authorizing the financial assistance.
Thus, in consideration of the mutual covenants, promises, and representations herein, the State and
the Recipient agree as follows:
Section 1. Project Implementation
A. General requirements.
1. Effective Date. The effective date of this agreement is the date of final execution by both
parties. The Recipient agrees to begin the Project in a timely manner.
2. Recipient's Capacity. The Recipient agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to plan, manage, and complete the Project,
and provide for the use of Project facilities and equipment, to comply with the terms of
the agreement, and all applicable Federal laws, executive orders, regulations,
directives, and published policies governing this Project.
3. Completion Dates. The Recipient agrees to complete the Project in a timely manner.
B. U.S. DOT Administrative Requirements. The Recipient acknowledges that Federal
administrative requirements differ based on the type of entity receiving Federal assistance:
1. A Recipient that is a State, a local government, or an Indian tribal government agrees to
comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18.
2. A Recipient that is an institution of higher education or a nonprofit organization agrees
to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations," 49 C.F.R. Part 19.
C. Application of Federal, State, and Local Laws and Regulations. The Recipient acknowledges
that Federal laws, regulations, policies, and related administrative practices applicable to the
Project may be modified from time to time. The Recipient agrees that the most recent of such
Federal requirements will govern the administration of the Project at any particular time, unless
FTA issues a written determination otherwise.
D. The Recipient agrees to include notice in each agreement with any third party contractor
participating in the Project that State or Federal requirements may change and the changed
requirements will apply to the Project as required, unless the State or Federal Government
determines otherwise.
E. Significant Participation by a Third Party Contractor. Although the Recipient may enter into a
third party contract in which the third party contractor agrees to provide property or services in
support of the Project, or even carry out Project activities normally performed by the Recipient,
the Recipient continues to remain responsible to the Federal Transportation Administration
(FT A) for compliance with Federal requirements.
F. Recipient's Responsibility to Extend Federal Requirements to Other Entities.
1. Entities Affected. The Recipient agrees to take appropriate measures necessary to
ensure any third party contractors comply with applicable Federal requirements.
2. Documents Affected. The Recipient agrees to require its third party contractors to
include adequate provisions to ensure compliance with applicable Federal requirements
in each lower tier subcontract and subagreement financed in whole or in part with
financial assistance.
North East Transportation Service (NETS) Page 8 of 25 STATE PROJECT NO.:URB0502( 02)
G. No State or Federal Government Obligations to Third Parties. The Recipient agrees that,
absent the State or Federal Government's express written consent, the State or Federal
Government shall not be subject to any obligations or liabilities to any Recipient or any third
party contractor, or any other person.
H. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or Utigation). The
Recipient agrees to notify the State immediately of any change in conditions (such as its legal,
financial, or technical capacity), or any other event that may significantly affect the Recipient's
ability to perform the Project.
I. Incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996 and as amended August 4,
1998, are hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FT A mandated terms shall be deemed to control in the event of a conflièt with other
provisions contained in this Agreement. The Recipient shall not perform any act, fail to perform
any act, or refuse to comply with any requests which would cause anyone to be in violation of
the FT A terms and conditions.
J. State and Local Law Disclaimer. The wording in the suggested clauses in the FTA Best
Practices Procurement Manual is not governed by Federal law, but is significantly affected by
State law. The language of the suggested clauses may need to be modified depending on
state law, and that before the suggested clauses are used in the Recipient's ·procurement
documents, the Recipient's should consult with its local attorney.
K. Federal Changes. Recipient shall at all times comply with all applicable FT A. regulations,
policies, procedure and directives, as they may be amended or promulgated from time to time
during the term of any contract related to this solicitation. Recipient's failure to so comply may
constitute a material breach of the underlying contract.
Section 2. Ethics
A. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of
any third party contractor, with Executive Order Numbers 12549 and 12689, "Debarment and
Suspension," 31 U.S.C. §6101 note, and U.S. DOT regulations, "Government wide Debarment
and Suspension (Nonprocurement)," within 49 C.F.R. Part 29.
B. Lobbying Restrictions. The Recipient agrees to:
1. Refrain from using Federal assistance funds to support lobbying,
2. Comply, and assure the compliance of each third party contractor at any tier with U.S.
DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as
necessary by 31 U.S.C. §1352.
3. Comply with Federal statutory provisions to the extent applicable prohibiting the use of
Federal assistance funds for activities designed to influence Congress or a State
legislature on legislation or appropriations, except through proper, official channels.
4. Sign the Lobbying Certification attached.
C. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that:
1. The program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq.
and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to
its activities in connection with the Project. Accordingly, by executing the agreement, the
Recipient certifies or affirms the truthfulness and accuracy of each statement it has
made, it makes, or it may make in connection with the Project covered by the
agreement. In addition to other penalties that may apply, the Recipient also
acknowledges that if it makes a false, fictitious, or fraudulent 'claim, statement,
submission, or certification to the State or Federal Government, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
f\lnrth ¡::~~t Tr;:¡m:;nortation Service (NETS)
Page 9 of 25
STATE PROJECT NO.:URB0502( 02)
Remedies Act of 1986, as amended, to the extent the Federal Government deems
appropriate.
2. If the Recipient makes a false, fictitious, or fraudulent claim, statement, submission, or
certification to the State in connection with an urbanized area formula project financed
with Federal assistance authorized for 49 U.S.C. §5307, the Government reserves the
right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1), to the
extent the Federal Government deems appropriate.
Section 3. Accounting Records
A. Project Accounts. The Recipient agrees to establish and maintain for the Project either a
separate set of accounts, or separate accounts within the framework of an established
accounting system, that can be identified with the Project. The Recipient agrees that all
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related
in whole or in part to the Project shall be clearly identified, readily accessible and available to
FT A upon its request, and, to the extent feasible, kept separate from documents not related to
the project.
B. Documentation of Project Costs and Program Income. The Recipient agrees to support all
costs charged to the Project, including any approved services contributed by the Recipient or
others, with properly executed payrolls, time records, invoices, contracts, or vouchers
describing in detail the nature and propriety of the· charges. The Recipient also agrees to
maintain accurate records of all program income .derived from implementing the Project,
except certain income determined by FT A to be exempt from the general Federal program
income requirements.
Section 4. Reporting, Record Retention, and Access
A. Record Retention. The Recipient agrees to maintain intact and readily accessible all data,
documents, reports, records, contracts, and supporting materials relating to the Project as the
State or the Federal Government may require during the course of the Project and for four
years thereafter.
B. Access to Records. Upon request, the Recipient agrees to permit and require its Recipients to
permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and
the State, or their authorized representatives, to inspect all Project work, materials, payrolls,
and other data, and to audit the books, records, and accounts pertaining to the Project.
C. project Close-out. Project close-out does not alter the reporting and record retention
requirements of this Agreement.
Section 5. Costs Reimbursed
The Recipient understands and agrees that Project costs eligible for participation must comply with all
the following requirements:
1. Conform with the Attachment A, Approved Project Description, the Attachment B,
Project Budget, and all other terms of the agreement;
2. Are necessary in order to accomplish the Project;
3. Are reasonable for the goods or services purchased;
4. Are actual net costs to the Recipient (Le., the price paid minus any refunds, rebates, or
other items of value received by the Recipient that have the effect of reducing the cost
actually incurred, excluding program income);
5. Are incurred within the agreement time period;
6. Are satisfactorily documented;
7. Are treated consistently in accordance with accounting principles. and procedures
approved by the State;
8. Are eligible under State and Federal law, regulation, rule, or guidelines for participation;
and
North East Transportation Service (NETS)
Page 10 of 25
STATE PROJECT NO.:URB0502( 02)
- --------- ~._-
----
9. Unless permitted otherwise by Federal statute or regulation, comply with the: !1) U.S.
Office of Management and Budget (OMS) CircularA-87, Revised, "Cost Principles for
State and Local Governments" if the Recipient is a local government or an Indian tribal
government; (2) OMB Circular A-21 , Revised, "Cost Principles for Educational
Institutions" if the Recipient is an institution of higher education; (3) OMB Circular A-122,
Revised, "Cost Principles for Non-Profit Organizations" if the Recipient is a private
nonprofit organization; or (4) Federal Acquisition Regulation, 48 C.F.R. Chapter I,
Subpart 31.2, "Contracts with Commercial Organizations" if the Recipient is a for-profit
organization. Additionally, the Recipient shall comply with the requirements of the Single
Audit Act of 1984,' P.L. 98-502, ensuring that the single audit report includes the
coverage stipulated in OMB Circular A-133.
Section 6. Civil Rights.
The Recipient agrees to comply' with all applicable civil rights statutes and implementing règulations
including, but not limited to, the following:
(A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C.§ 5332, the Recipient agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Recipient agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(S) Equal Employment Opportunity - The following equal employment opportunity requirements apply
tr. the underlying contract:
(1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Recipient agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Recipient agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. In addition, the Recipient
agrees to comply with any implementing requirements FT A may issue.
(2) Age _ In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Recipient
agrees to refrain from discrimination against present and prospective employees for reason of
age. In addition, the Recipient agrees to comply with any implementing requirements FTA may
issue.
(3) Disabilities _ In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Recipient agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
North East Transportation Service (NETS) Page 11 of 25 STATE PROJECT NO.:URB0502( 02)
to employment of persons with disabilities. In addition, the Recipient agrees to comply with any
implementing requirements FTA may issue. .
( "{equirements. The Recipient also agrees to include these requirements in each subcontract
finatlced in whole or in part with Federal assistance provided by FT A, modified only if necessary to
identify the affected parties. .
Section 7. Bus Requirements
The Recipient agrees to comply with the following:
A. Charter Service Operations. The Recipient agrees to comply with 49 U.S.C. 5323(d) and 49
CFR Part 604, which provides that recipients and Recipients of FTA assistance are prohibited
from providing charter service using federally funded equipment or facilities if there is at least
one private charter operator willing and able to provide the service, except under one of the
exceptions at 49 CFR 604.9. Any charter service provided under one ofthe exceptions must
be "incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
B. School Bus Operations. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and
Recipients of FT A assistance may not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusi·ve school bus
service under an allowable exemption, recipients and Recipients may not use federally funded
equipment, vehicles, or facilities.
Section 8. Procurement
To the extent applicable, the Recipient agrees to comply with the following third party procurement
"~1uirements:
A. Federal Standards. The Recipient agrees to comply with FT A Circular 4220.1 D, "Third Party
Contracting Requirements," including any revision or replacement thereof, and applicable
Federal regulations or requirements, including FT A third party contracting regulations when
promulgated. The FT A Best Practices Procurement Manual provides additional procurement
guidance. Nevertheless, be aware that the FT A Best Practices Procurement Manual is focused
on procurement processes and may omit certain Federal requirements applicable to the work
to be performed.
B. Buy America. The Recipient agrees to comply with 49 U.S.C. § 5323U) and 49 CFR Part 661,
which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FT A-funded projects are produced in the United States, unless a waiver has
been granted by FT A or the product is subject to a general waiver. General waivers are listed
in 49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and
15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software,
and small purchases (currently less than $100,000) made with capital, operating, or planning
funds. Separate requirements for rolling stock are set out at § 5323U)(2)(C) and 49 CFR §
661.11. Rolling stock not subject to a general waiver must be manufactured in the United
States and have a 60 percent domestic content.
A bidder or offeror must submit to the FT A recipient the appropriate Buy America certification
with all bids on FT A-funded contracts, except those subject to a general waiver. Bids or offers
that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed
by Federal statute or regulations, the Recipient agrees to comply with the requirements of 49
U.S.C. §5323(h)(2) by refraining from using any Federal assistance awarded by FTA to
support procurements using exclusionary or discriminatory specifications.
D. Bus Seat Specifications. The Recipient may use specifications conforming with the
requirements of 49 U.S.C. §5323(e) to acquire bus seats.
North East Transportation Service (NETS) Page 12 of 25 STATE PROJECT NO.:URB0502( 02)
E. Clean Air and Clean Water. The Recipient agrees to include in third party contracts exceeding
$100,000 adequate provisions to ensure that Project participants report the use of facilities
placed or likely to be placed on EPA's "List of Violating Facilities," refrain from using violating
facilities, report violations to FTA and the Regional EPA Office, and comply with the inspection
~ and other applicable requirements of:
1. Section 114 of the Clean Air Act, as amended, 42 U.S.C. §7414, and other applicable
provisions of the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.; and
2. Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1318,
and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1251 et seq. .
F. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply
with U.S. Environmental Protection Agency (U.S. EPA) "Comprehensive Procurement
Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, implementing
section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962,
and otherwise provide a competitive preference for products and services that conserve
natural resources and protect the environment and are energy efficient.
G. Architectural, Engineering, Design, or Related Services. When procuring architectural,
engineering, or related services, the Recipient agrees to comply with the provisions of 49
U.S.C. §5325(b), either by negotiating for those services in the same manner as a contract for
architectural and engineering services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949, as amended, 40 U.S.C. §541 et seq., or by using an
equivalent qualifications-based requirement of the State. When, awarding contracts for
architectural, engineering, or related services, the Recipient agrees to accept undisputed
audits conducted by other governmental agencies, in accordance with 23 U.S.C. §112(b)(2)
(C) through (F). To the extent the Recipient qualifies for an exception in accordance with 49
U.S.C. §5325(b), however, this subsection does not apply.
H. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. §5325(c), a Recipient
may award a third party contract to a party other than the lowest bidder, when such an award
furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any
implementing regulations, directives, circulars, manuals, or other guidance FT A may issue and
is consistent with state law.
I. Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows:
1. Method of Acquisition. The Recipient may award a third party contract for rolling stock
based on initial capital costs, performance, standardization, life cycle costs, and other
factors, or based on a competitive procurement process. in accordance with 49 U.S.C.
§5326(c).
2. Multi-year Options. In accordance with 49 U.S.C. §5326(b)(1), a Recipient may procure
rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53 using a
contract with an option, not to exceed 5 years after the date of the original contract, to
purchase additional rolling stock or replacement.
3. Pre-Award and Post-Delivery Requirements. The Recipient agrees to comply with the
requirements of 49 U.S.C. §5323(m) and FTA regulations, "Pre-Award and Post-
Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision
thereto.
4. Bus Testing. To the extent applicable, the Recipient agrees to comply with the
requirements of 49 U.S.C. §5323(c) and FTA regulations, "Bus Testing," 49 C.F.R. Part
665, and any revision thereto.
J. Bonding. To the extent applicable, the recipient agrees to comply with the following bonding
requirements.
1. Construction Activities. The Recipient agrees to provide bid guarantee, contract
performance, and payment bonding to the extent deemed adequate by FT A and
North East Transportation Service (NETS)
Page 13 of 25
STATE PROJECT NO,:URB0502( 02)
applicable Federal regulations, and comply with any other bonding requirements FT A
may issue. '
2. Other Activities. The Recipient agrees to comply with any other bonding requirements or
restrictions FT A may impose.
". National Intelligent Transportation Systems Architecture and Standards. The Recipient agrees
to conform, to the extent applicable, to the National Intelligent Transportation Standards
architecture in compliance with section 5206(e) of TEA-21, 23 U.S.C. §502 note, and with
FHWAlFTA's "Transportation Equity Act for the 21st Century; the Interim Guidance on
Conformity with the National Intelligent Transportation Systems (ITS) Architecture and
Standards," 63 Fed. Reg. 70443 et seq., December 21, 1998, and other subsequent Federal
directives that may be issued. .
L. Fly America Requirements. The Recipient agrees to comply with 49 U.S.C. § 40118 (the "Fly
America" Act) in acco~dance with the General Services Administration's regulations at 41 CFR
Part 301-10, which provide that recipients and Recipients of Fede(al funds and their
contractors are required to use U.S. Flag air carriers for U.S Government-financed
international air travel and transportation of their personal effects or property, to the extent
such service is available, unless travel by foreign air carrier is a matter of necessity, as defined
by the Fly America Act. The Recipient shall submit, if a foreign air carrier was used, an
appropriate certification or memorandum adequately explaining why service by a U.S. flag air
carrier was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The Recipient
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
M. Cargo Preference. Use of United States-Flag Vessels - The Recipient agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying
contract to the extent such vessels are available at fair and reasonable rates for United States-
Flag commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on-
board" commercial ocean bill-of-Iading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
Recipient in the case of a subcontractor's bill-of-Iading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport
of equipment, material, or commodities by ocean vessel.
Section 9. Leases
A. Capital Leases. To the extent applicable, the Recipient agrees to comply with FT A regulations,
"Capital Leases," 49 C.F.R. Part 639, and any revision thereto.
B. Leases Involving Certificates of Participation. The Recipient agrees to obtain FTA concurrence
before entering into a leasing arrangement involving the issuance of certificates of participation
in connection with the acquisition of any capital asset.
C. Cross-Border Leases. To the extent applicable, the Recipient agrees to comply with FT A
Circular 7020.1, "Cross-Border Leasing Guidelines," April 26, 1990, in connection with the
acquisition of capital assets involving a cross-border lease.
~ction 10. Patent Rights
A. General. If any invention, improvement, or discovery of the Recipient or any of its third party
contractors is conceived or first actually reduced to practice in the course of or under the
Project, and that invention, improvement, or discovery is patentable under the laws of the
North East Transportation Service (NETS)
Page 14 of 25
STATE PROJECT NO.:URB0502( 02)
United States of America or any foreign country, the Recipient agrees to notjfy FT A
immediately and provide a detailed report.
q Federal Rights. The Recipient agrees that its rights and responsibilities, and those of each
third party contractor at any tier pertaining to that invention, improvement, or discovery will be
determined in accordance with applicable State and Federal laws, regulations,. including any
waiver thereof. Absent a determination in writing to the contrary by the State and Federal
Government, the Recipient agrees to transmit to the State and FTA those rights due the State
and Federal Government in any invention, improvement, or discovery resulting from that third
party contract as specified in U.S. Department of Commerce regulations, "Rights to Inventions
Made by Nonprofit Organizations and Sma.Il Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing the Presidential
Memorandum [Statement] on Government Patent Policy to the Heads of Executive
Departments and Agencies, dated February 18, 1983, 19 Weekly Compo Pres. Doc.,252-253,
Feb. 28, 1983), irrespective of the status of the Recipient, any Recipient, or any third party
contractor at any tier (Le., a large business, small business, State government or State
instrumentality, local government, nonprofit organization, institution of higher education,
mdividual, etc.).
Section 11. Rights in Data and Copyrights
A. Definition. The term "subject data" used in this section means recorded information, whether or
not copyrighted, that is delivered or specified. to be delivered under the agreement. Examples
include, but are not limited to: computer software, standards, specifications, engineering
drawings and associated lists, process sheets, manuals, technical reports, catalog item
identifications, and related information. The term "subject data" used in this section does not
include financial reports, cost analyses, or similar information used for Project administration.
B. State and Federal Restrictions. Except for its own internal use, the Recipient may not publish
or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient
authorize others to do so, without the written consent of the State and Federal Government,
until such time as the State and Federal Government may have either released or approved
the release of such data to the public unless the Recipient is an institution of higher learning.
C. Federal Rights in Data and Copyrights. The Recipient agrees to provide to the State and
Federal Government a royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for State and Federal Government
purposes the "subject data." As used in the prevìous sentence, "for State and Federal
Government purposes," means use only for the direct purposes of the State and Federal
Government. Without the copyright owner's consent, the State and Federal Government may
not extend to other parties the State or Federal Government's license to:
1. Any subject data developed under the agreement or under a third party contract
financed by the agreement, whether or not a copyright has been obtained; and
2. Any rights of copyright to which a Recipient or a third party contractor purchases
ownership with Federal assistance.
D. Special Rights in Data for Research, Development, Demonstration, and Special Studies
(Planning) Projects. FTA's and the State's purpose in providing financial assistance for a
special studies (planning), research, development, or demonstration Project, is to increase
transportation knowledge, rather than limit the benefits of the Project to participants in the
Project. Therefore, unless FT A and the State determine otherwise, the Recipient of financial
assistance to support a research, development, demonstration, or a special studies (planning)
Project agrees that, in addition to the rights in data and copyrights of this agreement, FT A and
the State may make available to any FTA recipient, Recipient, third party còntractor, or third
party subcontractor, either FT A's or the State's license in the copyright to the subject data or a
copy of the subject data. If the Project is not completed for any reason whatsoever, all data
developed under that Project shall become subject data and shall be delivered as the FT A and
North East Transportation Service (NETS)
Page 15 of 25
STATE PROJECT NO.:URB0502( 02)
-- ._-"~-~----~-~_.~-----
the State may direct. This Subsection does not apply to adaptations of autom~tic data
processing equipment or programs for the Recipient's use whose costs are financed with
Federal funds for capital Projects.
Hold Harmless. Except as prohibited or otherwise limited by law, the Recipient agrees to
indemnify, save, and hold harmless the State and the Federal Government and its officers,
agents, and employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting from any willful or intentional violation by the Recipient
of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under the Project.
F. Restrictions on Access to Patent Rights. Nothing in this section shall imply a license to the
State and the Federal Government under any patent or be construed to affect the scope of any
license or other right otherwise granted to the Federal Government under any patent.
G. Statutory Requirements to Release Data. The Recipient understands and agrees that data and
information submitted may be required to be made available for dissemination under the Texas
Public Information (Government Code, Chapter 552) or Freedom of Information Act, or other
Federal statute(s) in accordance with implementation instructions contained in 49 C.F.R.
§19.36, revised March, 2000, to the extent applicable, and any subsequent applicable State or
Federal requirements that may be promulgated.
Section 12. Use of Real Property, Equipment, and Supplies
Unless otherwise approved by FT A, the Recipient agrees to comply with the following requirements
with respect to real property, equipment, and supplies:
A. Use of Property. The Recipient agrees to use Project real property, equipment, and supplies
for appropriate Project purposes (which may include joint development purposes that generate
program income, both during and after the award period used to support transit activities) for
the duration of the useful life of that property, as required by FTA. Should the Recipient
unreasonably delay or fail to use Project property during the useful life of that property, the
Recipient agrees that it may be required to return the entire amount of the Federal assistance
expended on that property. The Recipient further agrees to notify FTA immediately when any
Project property is withdrawn from Project use or when Project property is used in a manner
substantially different from the representations made in the Application or the Project
Description for the Grant Agreement.
B. General Federal Requirements. A Recipient that is a State, a local government, or an Indian
tribal government agrees to comply with property management standards of 49 C.F.R. §18.31
through 18.34, including any amendments thereto, and other applicable guidelines or
regulations the Federal Government may issue. A Recipient that is an institution of higher
education, or a private nonprofit organization, agrees to comply with 49 C.F.R. §19.30 through
19.37, including any amendments thereto, and other applicable guidelines or regulations the
Federal Government may issue. Any exception to the requirements of 49 C.F.R. §18.31
through 18.34, and to 49 C.F.R. §19.30 through 19.37, requires the express approval of the
State and Federal Government. A Recipient that is a for-profit organization agrees to comply
with property management standards satisfactory to FTA. Nevertheless, FTA has established
specific reimbursement requirements for premature dispositions of certain Project equipment
(Le., when Project equipment is withdrawn from appropriate use before the expiration of the
equipment's useful life established by FT A).
C. 5310 Program. The Recipient, where practical, shall make available the vehicle purchased
under this program to provide transportation to other elderly persons and persons with
disabilities beyond the Recipient's own clients when not being used for grant-related purposes.
According to FT A C 9070.1 E, the Recipient/Recipient shall also provide transportation to the
general public on an incidental basis if such service does not interfere with transportation
services for the general elderly and disabled public.
North East Transportation Service (NETS)
Page 16 of 25
STATE PROJECT NO,:URB0502( 02)
D. Maintenance. The Recipient agrees to maintain Project real property and equipmenUn good
operating order, in compliance with any guidelines, directives, or regulations the State or FTA
may issue.
Records. The Recipient agrees to keep satisfactory records regarding the use of Project real
property, equipment, and supplies, and submit to the FTA upon request such information as
may be required to assure compliance.
F. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing
control of Project real property or equipment. Thus, absent written authorization by FT A
permitting otherwise:
1. Written Transactions. The Recipient agrees to refrain from executing any transfer of
title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation
note, alienation, or any other obligation that in any way would affect the Federal or State
interest in any Project real property or equipment. .
2. Oral Transactions. The Recipient agrees to refrain from obligating itself in any manner
to any third party with respect to Project real property or equipment.
3. Other Actions. The Recipient agrees to refrain from taking any action that would either
adversely affect the Federal or State interest or impair the Recipient's continuing control
of the use of Project real property or equipment.
G. Transfer of Project Property. The Recipient understands and agrees as follows:
1. Recipient Request. The Recipient may transfer assets financed with Federal assistance
authorized for 49 U.S.C. chapter 53 to a public body to be used for any public purpose
with no further obligation to the Federal Government, provided the transfer is approved
by the State and Federal Transit Administrator and conforms with the requirements of
49 U.S.C. §5334(g)(1) and (2).
2. Direction. The Recipient agrees that the State may direct the disposition of, and even
require the Recipient to transfer title to, any real property, equipment, or supplies
financed with Federal assistance.
3. Leasing Project Property to Another Party. If the Recipient leases any Project asset to
another party, the Recipient agrees to retain ownership of the leased asset, and assure
that the lessee will use the Project asset appropriately, either through a "Lease and
Supervisory Agreement" between the Recipient and lessee, or another similar
document. Upon request, the Recipient agrees to provide a copy of any relevant
documents.
H. Disposition of Project Property. With prior FTA and State approval, the Recipient may sell,
transfer, or lease Project property and use the proceeds to reduce the gross project cost of
other eligible capital transit projects to the extent permitted by 49 U.S.C. §5334(g)(4).
Nevertheless, the Recipient agrees that the State may establish the useful life for Project
property, and that the Recipient will use Project property continuously and appropriately
throughout that useful life.
1. Project Property Whose Useful Life Has Expired. When the useful life of Project
Property has expired, the Recipient agrees to comply with FTA's and the State's
disposition requirements.
2. project Property Prematurely Withdrawn from Use. For property withdrawn from
appropriate use before its useful life has expired, the Recipient agrees as follows:
a) Notification Requirement. The Recipient agrees to notify the State immediately when
any Project real property, equipment, or supplies are prematurely withdrawn from
appropriate use, whether by planned withdrawal, misuse, or casualty loss.
b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The
Recipient agrees that the Federal Government retains a Federal interest in the fair
market value of Project property prematurely withdrawn from mass transportation
use. The amount of the Federal interest in the property shall be determined on the
basis of the ratio of the Federal assistance awarded by the Federal Government for
North East Transportation Service (NETS) Page 17 of 25 STATE PROJECT NO.:URB0502( 02)
the property to the actual cost of the Property. The Recipient agrees that the fair
market value of property prematurely withdrawn from use will be calculated as
follows:
1) Equipment and Supplies. Unless otherwise determined in writing by the State,
fair market value shall be calculated by straight-line depreciation of the
equipment or supplies, based on the useful life of the equipment or supplies
established or approved by the State.
The fair market value of equipment and supplies shall be the value immediately
before the occurrence prol1'1pting the withdrawal of that property from use. In the
case of equipment or supplies lost or damaged by fire, casualty, or natural
disaster, the fair market value shall be calculated on the basis of the condition of
that property immediately before the fire, casualty, or natural disaster,
irrespective of the extent of insurance coverage. As authorized by ~9 C.F.R.
§18.32(b), the State may use its own disposition procedures, provided that tho~e
procedures comply with the State's laws.
2) Real Property. The Recipient agrees that the fair market value of real property
shall be determined either by competent appraisal based on an appropriate date
approved by the Federal Government, as provided by 49 C.F.R. Part 24, or by
straight line depreciation, whichever is greater.
3) Exceptional Circumstances. The State reserves the right to require the use of
another method of determining the fair market value of property. In unusual
circumstances, the Recipient may request that another reasonable valuation
method be used including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In determining whether to
approve such a request, the State may consider any action taken, omission
made, or unfortunate occurrence suffered by the Recipient with respect to the
preservation or conservation of Project property withdrawn from appropriate use.
c) Obligations. Unless otherwise approved in writing by the State, the Recipient is
required to remit to the State the Federal interest in the fair market value of Project
real property, equipment, or supplies prematurely withdrawn from appropriate use. In
the case of fire, casualty, or natural disaster, the Recipient may fulfill its
responsibilities with respect to the Federal interest remaining in the damaged
equipment or supplies by either:
1) Investing an amount equal to the remaining Federal interest in like-kind
equipment or supplies that are eligible for assistance within the scope of the
Project that provided financial assistance for the damaged equipment or
supplies; or
2) Returning an amount equal to the remaining Federal interest in the damaged
property.
I. Misused or Damaged Project Property. If any damage to Project real property, equipment, or
supplies results from abuse or misuse of that property occurring with the Recipient's
knowledge and consent, the Recipient agrees to restore .that real property or equipment to its
original condition or refund the value of the Federal interest in the damaged property, as the
State may require.
J. Obligations After Project Close-out. A Recipient that is a State, local, or Indian tribal
government agrees that Project close-out will not alter its property management obligations
and applicable State and Federal rules and regulations and other FT A requirements or
directives.
Section 13. Insurance
In addition to any other insurance requirements that may apply in connection with the Project, the
Recipient agrees as follows:
North East Transportation Service (NETS)
Page 18 of 25
STATE PROJECT NQ,:URB0502( 02)
A. Minimum Requirements. At a minimum, the Recipient agrees to comply with the il1surance
requirements normally imposed by the laws, regulations, and ordinances imposed by its State
and local governments. For construction and/or repair· contracts, the Recipient shall comply
with insurance requirements as established in 49 C.F.R. Part 18.
b. Flood Hazards. To the extent applicable, the Recipient agrees to comply with the flood
insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of
1973, 42 U.S.C. §4012a(a), with respect to any Project activity involving construction or
acquisition having an insurable cost of $10,000 or more.
Section 14. Relocàtion
When relocation of individuals or businesses is required, the Recipie'nt agrees to comply with the
following requirements:
A. Relocation Protections. The Recipient agrees to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S:C. §4601
et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for
Federal and Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal
and federally assisted programs. These requirements apply to all interests in real property
acquired for Project purposes regardless of Federal participation in purchases.
B. Nondiscrimination in Housing. The Recipient agrees to comply with Title VIII of the Civil Rights
Act of 1968, 42 U.S.C. §3601 et seq. and Executive Order No. 12892, "Leadership and
Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42
U.S.C. §3608 note, when carrying out its responsibilities to provide housing used to meet
Federal relocation requirements.
'"'-ction 15. Real Property
, Projects involving real property, the Recipient agrees as follows:
A. Land Acquisition. The Recipient agrees to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq.; and
U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and
Federally Assisted Programs," 49 C.F.R. Part 24. These requirements apply to all interests in
real property acquired for Project purposes regardless of Federal participation in purchases.
B. Covenant Assuring Nondiscrimination. The Recipient agrees to include a covenant in the title
of the real property to assure nondiscrimination during the useful life of the Project.
C. Recording Title to Real Property. To the extent required by the State and FTA, the Recipient
agrees to record the State and Federal interest in the title of real property.
D. Approval of Changes in Real Property Ownership. The Recipient agrees that it will not dispose
of, modify the use of, or change the terms of the real property title, or other interest in the site
and facilities without permission and instructions from the State.
Section 16. Construction
For activities involving construction, the Recipient agrees as follows:
A. Drafting, Review, and Approval of Construction Plans and Specifications. To the extent
required by the State, the Recipient agrees to comply with State requests pertaining to the
drafting, review, and approval of construction plans and specifications.
B. Supervision of Construction. The Recipient agrees to provide and maintain competent and
adequate engineering supervision at the construction site to ensure that the complete work
conforms to the approved plans and specifications.
C. Construction Reports. The Recipient agrees to provide progress reports ,and such other
information as may be required by the State.
D. Project Management for Major Capital Projects. The Recipient agrees to comply with FTA
regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto,
applicable to a Major Capital Project.
North East Transportation Service (NETS) Page 19 of 25 STATE PROJECT NO.:URB0502( 02)
E. Seismic Safety. The Recipient agrees to comply with the U.S. DOT regulations at 49 C.F.R.
Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or
Regulated New Building Construction," 42 U.S.C. §7704 note, pursuant to the Earthquake
Hazards Reduction Act of 1977, as amended, 42 U.S. C. §7701 et seq., pertaining to seismic
safety in DOT assisted construction projects (specifically, 49 C.F.R. §41.117).. and with any
implementing guidelines FT A may issue.
Section 17. Employee Protections
A. Construction Activities. The Recipient agrees to comply, and assures the compliance of each
contractor to any tier, with the following employee protection requirements for construction
employees:
1. Davis-Bacon Act, as amended, 40 U .S.C. §276a - 276a(7), FT A's enabling legislation
requiring compliance with the Davis-Bacon Act, at 49 U.S.C. §5333(a), and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing' Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 C.F.R. Part 5;
2. Contract Work Hours and Safety Standards Act, as amended, particularly with the
requirements of section 102 of the Act, 40 U.S.C. §327 - 332; and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 C.F.R. Part 5; and with section 107 of the Act, 40 U.S.C. §333, and U.S. DOL
regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926; and
3. Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. §874 and 40 U.S.C. §276c, and
U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in part by Loans or Grants from the United States," 29
C.F.R. Part 3.
B. Activities Not Involving Construction. The Recipient agrees to comply, and assures the
compliance of contractors at any tier, with any applicable employee protection requirements for
nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards
Act, as amended, 40 U.S.C. §327 - 332, and U.S. DOL regulations, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the
Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
C. State and Local Government Employees. The Recipient agrees that the minimum wage and
overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §206 and 207,
apply to employees performing Project work involving commerce, and apply to any State or
local government employees that are public transit authority employees. Thus, the Recipient,
agrees to comply with the Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing Project work.
D. Transit Employee Protective Arrangements. If transit employee protective arrangements
required by U.S. DOL apply to transit operations performed in connection with the Project, the
Recipient agrees to comply with the applicable requirements for its Project as follows:
1. Standard Transit Employee Protective Arrangements. To the extent that the Project
involves transit operations, the Recipient agrees to implement the Project in compliance
with terms and conditions the U.S. Secretary of Labor has determined to be fair and
equitable to protect the interests of any employees affected by the Project and that meet
the requirements of 49 U.S.C. §5333(b), and of the U.S. DOL guidelines, "Section
5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendments thereto. These
terms and conditions are identified in U.S. DOL's certification of transit employee
protective arrangements to FT A. The Recipient agrees to implement the Project in
North East Transportation Service (NETS)
Page 20 of 25
STATE PROJECT NO.:URB0502( 02)
compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL
certification and any documents cited therein are incorporated by reference. The
requirements of this paragraph do not apply to Projects for the elderly and persons with
disabilities that are authorized by 49 U.S.C. §5310(a)(2) or to Projects for nonurbanized
areas that are authorized by 49 U.S.C. §5311; separate requirements for .those Projects
are contained in Subsections 17.D(2) and 17.D(3) of this Agreement.
2. Transit Employee Protective Arrangements for Projects for Elderly and Persons with
Disabilities Authorized by 49 U.S.C. §5310(a)(2). To the extent that the U.S. Secretary
of Transportation has determined or determines in the future that employee protective
'arrangements required by 49 U.S.C. §5333(b) are necessary or appropriate for a public
body Recipient under the Project, the Recipient agrees to carry out the Project in
compliance with the terms and conditions determined by the Secretary of Labor
necessary to meet the requirements of 49 U.S.C. §5333(b), and the U.S. DOL
. guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in U.S. DOL's
certification of transit employee protective arrangements to FT A. The Recipient agrees
to implement the Project in compliance with the conditions stated in that U.S. DOL
certification. That U.S. DOL certification and any documents cited therein are
incorporated by reference and made part of this Agreement.
3. . Transit Employee Protective Arrangements for Projects in Nonurbanized Areas
. Authorized by 49 U.S.C. §5311. The Recipient agrees to comply with the terms and
conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the
" Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing
procedures, and any revisions thereto.
ction 18. Environmental Requirements
-_.le Recipient recognizes that many Federal and State laws imposing environmental and resource
conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that
may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C.
§4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. and scattered sections of 29
U.S.C.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et seq.; and the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §9601 et seq.
The Recipient also recognizes that U.S. EPA, FHWA and other Federal agencies have issued,and in
the future are expected to issue, regulations, guidelines, standards, orders, directives, or other
requirements that may affect the Project. Thus, the Recipient agrees to comply, and assures the
compliance of each Recipient and each contractor, with any such Federal requirements as the
Federal Government may now or in the future promulgate. Listed below are requirements of particular
concern to FT A and the Recipient. The Recipient agrees that those laws and regulations do not
constitute the Recipient's entire obligation to meet all Federal environmental and resource
conservation requirements.
A. Use of Public Lands. The Recipient agrees that no publicly owned land from a park, recreation
area, or wildlife or waterfowl refuge of national, State, or local significance as determined by
the Federal, State, or local officials having jurisdiction thereof, or any land from a historic site of
national, State, or local significance may be used for the Project unless FTA makes the
specific findings required by 49 U.S.C. §303.
B. Coastal Zone Management. The Recipient agrees to assure Project consistency with the
approved State management program developed under the Coastal Zone Management Act of
1972, as amended, 16 U.S.C. §1451 et seq.
C. Environmental Justice. The Recipient agrees to comply with the policies of Executive Order
No. 12898, "Federal Actions to Address Environmental Justice in Minority populations and
Low-Income populations," 42 U.S.C. §4321 note.
North East Transportation Service (NETS) Page 21 of 25 STATE PROJECT NO.:URB0502( 02)
Section 19. Energy Conservation
Thp. Recipient agrees to comply with the mandatory energy efficiency standards and policies within
tr 'pplicable State energy conservation plans issued in compliance with the Energy Policy and
C( .ervation Act, 42 U.S.C. §6321 et seq.
Section 20. State Management and Monitoring Systems
The Recipient agrees to comply with applicable requirements of joint FHWAlFTA regulations,
"Management and Monitoring Systems," 23 C.F.R. Parts 500 and 49 C.F.R. Part 614, to the extent
applicable.
Section 21. Privacy Act
Contracts Involving Federal Privacy Act Requirements. The following requirements apply to the
Recipient and its employees that administer any system of records on behalf of the Federal
Government under any contract:
(1) The Recipient agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §
552a. Among other things, the Recipient agrees to obtain the express consent of the Federal
Government before the Recipient or its employees operate a system of records on behalf of the
Federal Government. The Recipient understands that the requirements of the Privacy Act, including
the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that
failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Recipient also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
'-'~istance provided by FT A.
S-ection 22. Not Applicable
Section 23. Metric System
As required by U.S. DOT or FTA, the Recipient agrees to use the metric system of measurement in
its Project activities, pursuant to the Metric Conversion Act, as amended by the Omnibus Trade and
Competitiveness Act, 15 U.S.C. §205a et seq.; Executive Order No. 12770, "Metric Usage in Federal
Government Programs," 15 U.S.C. §205a note; and other U.S. DOT or FTA regulations, guidelines,
and policies. To the extent practicable and feasible, the Recipient agrees to accept products and
services with dimensions expressed in the metric system of measurement.
Section 24. Substance Abuse
A. Drug Abuse. The Recipient agrees:
1. The Recipient agrees to comply with U.S. DOT regulations, "Drug-Free Workplace
Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §702
et seq.
2. To the extent applicable, the Recipient agrees to comply with FT A regulations,
"Prevention of Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, including
subsequent FTA regulations when promulgated, and any guidance on the drug abuse
provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue.
B. Alcohol Abuse. To the extent applicable, the Recipient agrees to comply with FT A regulations,
"Prevention of Alcohol Misuse in Transit Operations," 49 C.F.R. Part 655. including
subsequent FT A regulations when promulgated, and any guidance on thé alcohol abuse
provisions of 49 U.S.C. §5331 that FTA or U,S. DOT may issue.
North East Transportation Service (NETS)
Page 22 of 25
STATE PROJECT NO.:URB0502( 02)
- -'-_.._"..~~'-~-~--_._-~--~~-
Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems
To the extent applicable, the Recipient agrees to comply with 49 U.S.C. §5330, and FTA regulations,
"Rr . Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659, and any guidance that
FT r U.S. DOT may issue to implement 49 U.S.C. §5330.
Section 26. Seat Belt Use
Pursuant to Executive Order No. 13043, April 16, 1997, 23 U.S.C. §402, the Recipient is encouraged
to adopt on-the-job seat belt use policies and programs for its employees when operating company-
owned, rented, or personally-operated· vehicles and include this provision in third party contracts,
entered into under this Project.
Section 27. Special Requirements for Urbanized Area Formula Projects
The following requirements apply to all Projects financed with Federal assistance authorized for 49
U.S.C. §5307:
A. Fares and Services. Before raising fares or instituting a major reduction of service, the
Recipient agrees to use its established administrative process to solicit and consider public
comment.
B. Audit Requirements. The Recipient agrees that the State or Federal Government may conduct
or require the Recipient to engage an independent entity to conduct annual or more frequent
reviews and audits required by 49 U.S.C. §5307(i) and applicable regulations or guidelines that
the Federal Government may issue.
C. Half-Fare Requirements. The Recipient agrees that the fares or rates charged the elderly and
persons with disabilities during non peak hours for transportation using or involving Project
facilities and equipment will not exceed one-half of the rates that generally apply to other
persons at peak hours, whether the operation of such facilities and equipment is by the
Recipient or another entity under lease or otherwise. The Recipient agrees to give the rate
required herein to any person presenting a Medicare card duly issued to that individual
pursuant to Title liar Title XVIII of the Social Security Act, 42 U.S.C. §401 et seq., and 42
U.S.C. §1395 et. seq.
D. Procurement of an Associated Capital Maintenance Product. In accordance with the terms of
49 U.S.C. §5326(d), the Recipient may, without prior Federal approval, procure an eligible
associated capital maintenance product by contract directly with the original supplier or
manufacturer of the item to be replaced, provided that the Recipient: (1) first certifies in writing
that such manufacturer or supplier is the only source of that item and the price of that item is
no higher than the price paid for that item by like customers, and (2) complies with applicable
Buy America statutory and regulatory requirements.
E. Transit Security. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its
funds authorized by 49 U.S.C. §5307 for transit security Projects, unless the Recipient has
certified to FT A that such expenditures are not necessary.
F. Restrictions on the Use of Formula Assistance for Operations. A Recipient permitted to use
Federal assistance authorized for 49 U.S.C. §5307 to support operations agrees as follows:
1. To comply with the restrictions of 49 U.S.C. §5307(b)(1) and 5307(f) in using urbanized
area formula funds for operating assistance, unless permitted otherwise by FTA.
2. Financial assistance authorized by 49 U.S.C. §5307 may be applied to the Net Project
Cost of the Recipient's operating expenses incurred during the Project time period set
forth in the Project Budget and, with FT A approval, may be extended to a later date to
the extent permitted by law, provided that the applicable operating assistance limitation
is not exceeded.
G. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and assures
that any transit operator to which the Recipient provides funds authorized by 49 U.S.C. §5307
will conform, to the reporting system and the uniform system of accounts and records required
North East Transportation Service (NETS)
Page 23 of 25
STATE PROJECT NO.:URB0502( 02)
by 49 U.S.C. §5335(a) for FTA's national transit database and FTA regulations, ".Uniform
System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which includes
various reports required for FT A's national transit database.
Criminal Sanctions. The criminal sanctions of 49 U.S.C. §1001 apply to any submission or
certificate provided for the Urbanized Area Formula Program authorized by 49 U..s.C. §5307.
Section 28. Not Applicable
Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects
The Recipient agrees to comply with following requirements in administering Projects financed with
Federal assistance authorized for section 3037 of TEA-21, 49 U.S.C. §5309 note:
A. General Requirements. The Recipient agrees to comply with any applicable Federal
requirements or guidance that may be issued to implement the Job Access and, Reverse
Commute Grant Program, authorized by section 3037 of TEA 21, 49 U.S.C. §5309 note.
B. Restrictions on the Use of Grant Funds. The Recipient agrees that it will not use any grant
funds awarded for Section 3037 Projects to support the costs of planning or coordination
activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. §5309 note.
Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects
The Recipient agrees to comply with following requirements in administering Projects financed with
Federal assistance authorized for section 3038 of TEA-21, 49 ·U.S.C. §5310 note:
A. General Requirements. The Recipient agrees to comply with any applicable Federal
requirements or guidance that may be issued tQ implement the Over-the-Road Bus
Accessibility Program authorized by section 3038 of TEA-21, 49 U.S.C. §5310.
B. Special Requirements. The Recipient agrees to comply with U.S. DOT regulations,
"Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37, Subpart H,
"Over-the-Road Buses," and joint U.S. Architectural and Transportation Barriers Compliance
Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications
for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38.
C. FTA Notice. The provisions of FTA Notice, "Over-the-Road Bus Accessibility Program Grants,"
65 Fed. Reg. 2772-2786 (January 18, 2000), and any subsequent revision thereto, supersede
conflicting provisions of this Agreement.
Section 31. Disputes, Breaches, Defaults, or Other Litigation
The Recipient agrees that the State and FT A has a vested interest in the settlement of any dispute,
breach, default, or litigation involving the Project. Accordingly:
A. Notification. The Recipient agrees to notify the State of any current or prospective major
dispute, breach, default, or litigation that may affect the State or Federal Government's
interests in the Project or the administration or enforcement of laws or regulations. If the
Recipient seeks to name the State or the Federal Government as a party to litigation for any
reason, in any forum, the Recipient agrees to inform the State before doing so.
B. Federal Interest in Recovery. The Federal Government retains the right to a proportionate
share, based on the percentage of the Federal share awarded for the Project, of proceeds
derived from any third party recovery, except that the Recipient may return any liquidated
damages recovered to its Project Account in lieu of returning the Federal share to the Federal
Government.
C. Enforcement. The Recipient agrees to pursue all legal rights within any third party contract.
D. State and FTA Concurrence. The State and FTA reserve the right to concur in any
compromise or settlement of any claim involving the Project and the Recipient.
E. Termination for Convenience.
North East Transportation Service (NETS)
Page 24 of 25
STATE PROJECT NO.:URB0502( 02)
,¡;
~
CITY OF
NORTH RICHLAND HILLS
\.~ Department: Inspections Department
Council Meeting Date: 9/13/2004
Subject: Consider Adoption of the 2002 National Electrical Code Agenda Number: GN 2004-087
Ordinance No. 2804
CASE SUMMARY:
In a continuing effort to update our existing codes and comply with state mandates, staff
brings forth consideration of the 2002 National Electrical Code, along with the NCTCOG
recommended and local amendments. This action follows suit with surrounding
communities who have all ready completed the adoption of the new electrical code. The
Council appointed Construction Board of Appeals, who also acts as our Technical Code
Review Committee, has reviewed the new electrical code with the proposed amendments,
and supports its adoption.
The state legislative bill adopting the 2002 National Electrical Code was approved by the
last legislative session and b~came the official electrical code ofthe state on September 1 ,
2004. This ordinance is primarily a house keeping measure which aligns the city code with
state law. Many of the provision in the 2002 NEC are being practiced today as a result of
state law change.
A local amendment has been proposed that defines what type of electrical work an "owner-
occupant" may do in his principal residence. Staff, with concurrence from the Technical
Code Review Committee, has followed suit with the City of Fort Worth by allowing owner-
occupants to personally do electrical work on the load side of the main breaker only. The
amendment will no longer permit home owners to do work on meter boxes and electrical
service panels that involve the main disconnect/breaker; however, new circuits, outlets and
lighting may be installed if personally done by the owner-occupant. Staff does not believe
it is prudent to be coaching novice electricians the proper way to install electrical service
entrance panels - the liability and consequences of a misunderstanding by the owner are
too great to justify this practice.
2002 National Electrical Code
NFPA 70, aka the 2002 National Electrical Code, as published by the National Fire
Protection Association, applies to all types of construction (commercial and residential),
except for electrical utility work. It is the primary electrical code used throughout the
United States.
Recommendation: Staff recommends approval of Ordinance No. 2804
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Other
~
Account Number
Sufficient Funds A vallable
Finance Director
GN 2004
Page! of!
4
6
8
10
12
14
16
18
20
22
~4
26
28
30
32 I
34 I
i
,
I
36 ' I
38 I
I
40 I
ORDINANCE NO. 2804
AN ORDINANCE AMENDING CHAPTER 9 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES AND ADOPTING THE 2002 NATIONAL
ELECTRICAL CODE WITH REGIONAL AMENDMENTS RECOMMENDED
BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
LOCAL AMENDMENTS RECOMMENDED BY THE NORTH RICHLAND
HILLS CONSTRUCTION ADVISORY COMMITTEE AS THE ELECTRICAL
CODE FOR THE CITY OF NORTH RICHLAND HILLS; ESTABLISHING A
PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the North Richland HIlls City Council desires to adopt the 2002 National
Electrical Code with amendments recommended by the North Central Texas
Council of Governments and its own construction advisory committee in order
to protect the lives and safety and property of persons within the City; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1 :
Section 9-32 ofthe North Richland Hills Code of Ordinances is hereby amended
to read as follows:
"Sec. 9-32 2002 Edition of the National Electric Code adopted
All electrical equipment installed or used in the City and all installations of electrical equipment
shall be reasonably safe to persons and property and in conformity with the standards provided
by the National Fire Protection Association, and with the provisions of this chapter, applicable
state statutes, and any rules or regulations issued under authority thereof. The National
Electrical Code, 2002 Edition, as published by the National Fire Protection Association, a copy
of which is on file in the office of the City Secretary, and the regional amendments and
interpretations thereto recommended by the North Central Texas Council of Governments, as
amended and recommended by the North Richland Hills Construction Advisory Committee,
a copy of which is attached to this ordinance as Exhibit A, are hereby adopted by reference to
the same extent as though set out here in full as the Electrical Code of the City of North
Richland HIlls."
Section 2:
Sections 9-36, 9-40, 9-41, 9-42, 9-43, and 9-47 of the North Richland Hills
Code of Ordinances are hereby repealed.
I
I
OrdinaJi¡!e No. 2804
Page 1 6if 4
t I
II
I:
·1
, ¡
! '
I!
¡ ~
s:
, ,
. ,
i' j
i!
4
6
8
10
12
14
16
18
20
22
_4
26
28
30
32
34
36
38
Section 3 :
Section 9-39 ofthe North Richland Hills Code of Ordinances is hereby amended
to read as follows:
"Sec. 9-39 Electrical license required
(a) It shall be unlawful for any person to perform electrical work within the city
limits of the City of North Richland Hills without a valid electrical license issued by the
State of Texas unless:
(1) The person is an employee of an electrical supply company and is
performing exempt work as described in the Electrical Code; or
(2) The person is exempt from the license requirements or is engaged in
exempt work as described in the Electrical Code; or
(3) The person is an employee of an appliance sales business involved in the
installation or repair of general purpose household appliances provided that no
alteration, modification Or extension is made to the electrical system; or
(4) The person is a maintenance employee of a public or semi-public school
and performing electrical work at a public or semi-public school facility under
the guidance and direction of a licensed master or journeyman electrician.
(b) This code shall not be construed to affect the responsibility or liability of any
party owning, operating, controlling or installing any electrical equipment for damages
to persons or property caused by any defect in such equipment or in the installation
thereof, nor shall either any electrical inspector nor the city assume any liability by
reason of the inspection or re-inspection authorized in this chapter or by reason of the
issuance of certificates of conformance or nonconformance, or by reason ofthe approval
or disapproval of any equipment authorized in this chapter or by the issuance of any
permits or licenses.
40
I
I
I
¡
¡ Section 5:
¡
I
!
í
\ "Sec. 9-45 Revocation of license
II
O'd~j, No. 2804
Page 2 rr 4
¡ I
ì I
¡ I
t!
1 Î
; ¡
: i
(c) Nothing in this code shall be construed to prevent maintenance of specialized
equipment by a manufacturer of the equipment provided those persons that perform
such maintenance work hold a valid maintenance electrician license.
Section 9-45(b)( 5) of the North Richland Hills code of Ordinances is hereby
amended to read as follows:
42
4
6
8
10
12
14
16
18
20
22
,,:4
26
28
30
32
34
36
38
40
42
(b) A license or permit may be suspended, repealed or revoked by the building
official by reason of occurrence of one or more of the following:
II
II
¡
(5) The sending of three (3) notifications within a six-month period of
complaints that the licensee or registration holder is in violation of this article.
"
Section 6:
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
Section 7:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section" 8 :
This ordinance shall be in full force and effect immediately upon publication.
I
I AND IT IS SO ORDAINED.
I PASSED this 13th day of September, 2004.
II
II
I
I
I
I
,
I
I'
I
! I
i i ATTEST:
II
II
I!
"1
¡
I i Patricia Hutson, City Secretary
I ¡
! !
! Ii
¡
! I
II George A. Staples,
II
, I
OrdinadJe No. 2804
Page 3 9f 4
Ii
d
: ~
; i
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
AND LEGALITY:
APPROVED AS TO CONTENT:
4
Department Head
6
!
II
I
!
I
I
I
I
I
I
, I
. ,
II
I
I
I
I
!
i
II
. ¡
II
I'
.1
II
i i
II
¡ !
II
Ii
Ii
~ t
II
II
II
! Î
, I
Ii
ì <
"
Ordinm:J.de No. 2804
í'
Page 4 iJ>f 4
¡ !
! !
I!
. ,
! !
i l
EXHIBIT A
North Central Texas Council of Governments Regional Amendments and North Richland
Hills local amendments to 2002 National Electrical Code
"Section 80.11(C) and (D); add new paragraphs.
80.11(C) Change in Occupancy. It shall be unlawful to make a change in the
occupancy of any structure which will subject the structure to any special provision
of this code applicable to the new occupancy and that such change of occupancy does
not result in any hazard to the public health, safety or welfare.
No change shall be made in the use or occupancy of any building that would place
the building in a different division of the same group of occupancy or in a different
group of occupancies, unless such building is made to comply with the requirements
of this code for such division or group of occupancy. Subject to the approval of the
code official, the use or occupancy of existing buildings shall be permitted to be
changed and the building is allowed to be occupied for purposes in other groups
without conforming to all the requirements of this code for those groups, provided
the new or proposed use is less hazardous, based on life and fire risk, than the
existing use.
80.lI(D) Moved Buildings. Electrical systems and equipment that are part of
buildings or structures moved into or within the jurisdiction shall comply with the
provisions of this code for new installations.
EXCEPTIONS: The factory installed and inspected systems of:
1. BUD or Texas State approved mobile and manufactured homes;
2. Texas State approved modular homes; and
3. Texas State approved industrialized buildings.
Section 80.15 - Electrical Board; delete entire section.
Section 80.19(D), (E); delete paragraphs.
Section 80.19(F) 2,4; delete paragraph.
Section 80.23; replace entire section.
Section 80.23(A) Unlawful acts. It shall be unlawful for any person, firm or
corporation to erect, construct, alter, repair, remove, demolish or utilize any electrical
system or equipment, or cause same to be done, in conflict with or in violation of any
of the provisions of this code.
80.23(B) Violation penalties. Anyperson, firm or corporation violating any ofthe
provisions of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine not to exceed two thousand dollars
($2,000.00) for all violations involving fire safety, or public health and sanitation and
shall be fined not more than five hundred dollars ($500.00) for all other violations
of this ordinance. Each day or any portion thereof during which any violation of this
ordinance occurs or continues shall be deemed a separate offense and upon
conviction thereof shall be punishable as herein provided.
80.23(C) Stop work orders. Upon notice from the code official, work on any
electrical system that is being done contrary to the provisions of this code or in a
dangerous or unsafe manner shall immediately cease. Such notice shall be in writing
and shall be given to the owner of the property, or to the owner's agent, or to the
person doing the work or causing such work to be done. Where an emergency exists,
the code official shall not be required to give a written notice prior to stopping the
work. Such work shall not resume until authorized by the code official to proceed.
80.23(D) Abatement of violation. The imposition ofthe penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting appropriate
action to prevent unlawful construction or to restrain, correct or abate a violation, or
to prevent illegal occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the electrical on or about any premises.
80.23(E) Unsafe electrical systems or equipment. Any electrical system or
equipment regulated by this code that is unsafe or that constitutes a fire or health
hazard, unsanitary condition, or is otherwise dangerous to human life, is hereby
declared unsafe. Any use of an electrical system or equipment regulated by this code
constituting a hazard to safety, health, or public welfare by reason of improper
installation, inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster,
damage or abandonment is hereby declared an unsafe use. Any such unsafe
equipment is hereby declared to be a public nuisance and shall be abated by repair,
rehabilitation, demolition or removal.
When any electrical system or equipment is maintained in violation ofthis code, and
in violation of any notice issued pursuant to the provisions of this section, the code
official may institute any appropriate action to prevent, restrain, correct or abate the
violation.
All buildings or structures subjected to damage by deterioration or by fire shall be
inspected by the code official, and all unsafe wiring or electrical equipment shall be
repaired or replaced.
80.23(F) Authority to condemn. Whenever the code official detennines that any
electrical system or equipment, or portion thereof, regulated by this code has become
hazardous to life, health, or property or has become unsanitary, or is otherwise
dangerous to human life, the code official shall order in writing that such electrical
system or equipment either be removed or restored to a safe or sanitary condition.
A time limit for compliance with such order shall be specified in the written notice.
No person shall use or maintain defective electrical after receiving such notice.
Section 80.25; replace entire section.
80.25(A) Authority to order disconnection of utilities. The code official shall
have the authority to order disconnection of any energy source or utility service
supplied to a building, structure or equipment regulated by this code when it is
detennined that the equipment, or any portion thereof, has become hazardous or
unsanitary. Written notice of such order to disconnect service and the causes thereof
shall be given within twenty-four (24) hours to the owner and occupant of such
building, structure or premises, provided, however, that in cases of immediate danger
to life or property, such disconnection shall be made immediately without such
notice. If not notified prior to disconnecting, the owner or occupant of the building,
structure or service systems shall be notified in writing, as soon as practical
thereafter.
80.25(B) Connection after order to disconnect. No person shall make connections
from any energy, fuel, power supply or water distribution system or supply energy,
fuel or water to any equipment regulated by this code that has been disconnected or
ordered to be disconnected by the code official, or the use of which has been ordered
to be discontinued by the code official, until the code official authorizes the
reconnection and use of such equipment.
Section 80.27; replace entire section.
80.27 Organization.
80.27(A) Code official. Whenever the tenn "code official" is used in this code, it
shall be construed to mean the building official or his authorized representative(s).
The code official shall not be removed from office except for cause and after full
opportunity to be heard on specific and relevant charges.
80.27(B) Deputies. In accordance with the prescribed procedures of this
jurisdiction, the code official shall have the authority to appoint an assistant code
official, other related technical officers, inspectors, and other employees.
80.27(C) Restriction of employees. An official or employee connected with the
department of inspection shall not be engaged in directly or indirectly connected with
the furnishing of labor, materials or appliances for the construction, alteration or
maintenance of a building within the City of North Richland Hills; and such officer
or employee shall not engage in any work that conflicts with official duties or with
the interests of the department.
Further, no official or employee shall be pennitted to work for, or be connected with,
any electrical contractor, electrical manufacturer or wholesale supply company, or do
any electrical work within the City of North Richland Hills while employed as an
inspector by the city.
80.27(D) Liability. The code official charged with the enforcement of this code,
acting in good faith and without malice in the discharge of the duties required by this
code or other pertinent law or ordinance, shall not thereby be rendered personally
liable for damages that may accrue to persons or property as a result of an act or by
reason of an act or omission in the discharge of such duties. A suit brought against
the code official or employee because of such act or omission perfonned by the code
official or employee in the enforcement of any provision of such codes or other
pertinent laws of ordinances implemented through the enforcement of this code or
enforced by the code enforcement agency, shall be defended by this jurisdiction until
final tennination of such proceedings and any judgment resulting thererrom shall be
assumed by this jurisdiction.
Section 80.28; add new section.
80.28 Homeowner Permits/Projects.
80.28(A) Homestead Owner. Pennits may be issued to a property owner who
wishes to do electrical work in a building owned and occupied by him as his
homestead. This provision only pennits the homeowner to work on that part ofthe
electrical system that occurs after, but does not include, the first main breaker behind
the electrical meter. The tenn "to do electrical work" shall be construed to mean
actually done personally by the owner.
80.28(B) Who may do the work.
(1) General. It shall be unlawful for any person to do or cause to be
done any electrical work within the City of North Richland Hills
except as provided in this section. Doing work other than what is
authorized by this section is considered a violation by the worker, as
well as the master and/or contractor.
(2) Master electrician. A master electrician may contract for and engage
in the business of installing, repairing, or replacing electrical wiring
or equipment of any nature on or in buildings or structures. The
master electrician may employ, direct, and supervise journeyman
electricians, residential wireman electricians, maintenance
electricians, residential maintenance electricians, helpers, and
apprentice electricians.
Section 80.29; delete entire section.
Section 80.35; delete section.
Section 230.2(A); add a sixth special condition.
230.2 Number of Services. A building or other structure served shall be supplied
by only one service unless permitted in 230.2(A) through (D). For the purpose ...
{text unchanged} ... shall be considered to be supplying one service.
(A) Special Conditions. Additional services shall be permitted to supply the
following:
(1) Fire Pumps
"
"
"
(Q} In supplying electrical service to multifamily dwellings, two
or more laterals or overhead service drops shall be permitted to a
building when both of the following conditions are met:
a. The building has six or more individual gang meters
and all meters are grouped at the same location.
b. Each lateral or overhead service drop originates from
the same point of service.
REASON FOR CHANGE: This is currently the accepted installation practice ofthe region.
No noteworthy complaints have surfaced. It is more reasonable than the current NEC
requirements. It allows more than six disconnects grouped at one location, without having
to divide the structure into multiple buildings by using area separation walls. This also
allows designers more flexibility in the placement of electrical meters and main service
disconnects.
Section 230. 7i(A); add an exception.
230.71 Maximum Number of Disconnects.
(A) General. The service disconnecting means for each service permitted
by 230.2, or for each set of service-entrance conductors permitted by
230.40, Exception Nos. 1,3,4 or 5, shall consist of not more than six
switches or sets of circuit breakers, mounted in a single enclosure, in
a group of separate enclosures, or in or on a switchboard. There shall
be no more than six sets of disconnects per service grouped in any
one location. For the purpose ... {text unchanged} ... shall not be
considered a service disconnecting means.
Excevtion: Multi-occuvant Buildings. Individual service disconnecting means is limited to
six for each occuvant. The number of individual disconnects at one location mav exceed six.
REASON FOR CHANGE: The same reasoning as for multi-family dwellings in Section
230-2 here being applied to multi-occupant buildings.
Section 250.52; add a paragraph.
250.52 Grounding Electrodes.
(A) Electrodes Permitted for Grounding.
Where a metal underground water pipe, as described in item (1), is not
present. a method of grounding as specified in (2) through (4) below shall be
used.
REASON FOR CHANGE: Sometimes metal underground water pipe is not available for
use as a grounding electrode system. Therefore, to provide a more positive approach for
grounding electrical premise systems for safety, a method as specified in 250.52(A)(2), (3),
and (4) shall be used. This will eliminate the need to depend solely on a driven rod, plate,
or pipe as specified in Section 250.52(A)(5) and (6).
Section 300.11(A)(1); change to read asfollows:
300.11 Securing and Supporting.
(A) Secured in Place.
(1) Fire-Rated Assemblies. Wiring located within the cavity of a fire-
rated floor-ceiling or roof-ceiling assembly shall not be secured to, or
supported by, the ceiling assembly, including the ceiling support
wires: unless tested as part of a fire-rated assembly. An independent
means of secure support ... {text unchanged} ... are part of the fire-
rated design.
(delete exception)
REASON FOR CHANGE: If luminaries were intended to be covered, it could have been
conveyed in a different manner than to introduce them in the exception. Based upon the
International Building Code (ffie), the recommendations by the Ceilings & Interior Systems
Construction Association (CISCA) to separately support luminaries is not mandated.
Section 300.11(A)(2); change to read as follows:
300.11 Securing and Supporting.
(A) Secured in Place.
(2) Non-Fire-Rated Assemblies. Wiring located within the cavity of a
non-fire-rated floor-ceiling or roof-ceiling assembly shall not be
secured to, or supported by, the ceiling assembly, including the
ceiling support wires: unless authorized by, and installed in
accordance with, the ceiling system manufacturer's instructions. An
independent means of secure support shall be provided.
(delete existing exception)
Add exception: From the last point of independent support or base for connections within
an accessible ceiling to luminaire(s) (lighting fixture(s») or equipment branch circuit or
fixture whip wiring shall be allowed to be supported by the ceiling support wires.
REASON FOR CHANGE: Delete existing exception - Based upon the mc, the
recommendations by CISCA to separately support luminaries is not mandated. Add
exception: To allow for a reasonable manner in which cables and conduits may be secured
up off suspended ceilings of the removable panel type.
Section 310.15(B)(6); change to read as follows:
310.15 Ampacities for Conductors Rated 0-2000 Volts.
(B) Tables.
(6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and
Feeders. For dwelling units, conductors, as listed in Table
310.15(B)(6), shall be ... {text unchanged} ... provided the
requirements of 215.2, 220.22, and 230.42 are met. This Section
shall not be used in coni unction with 220.30.
REASON FOR CHANGE: To provide a more reasonable margin of safety for dwelling
service and feeder conductor allowable ampacities.
Section 334.10; change to read as follows:
334.10. Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be pennitted
to be used in the following:
(1) One- and two-family dwellings.
(2) Mtlltif.ull~ly d w oll~1lgs permitted to be of Types III, IV, and V COll5tltlGtiOll c:xccpt
as pJ.ohibitod ~n J34.12.
(J) Other stmctuJ.c's peuúittcd to be ofTypcs III, IV, àüd V COllstlllCtiOil except as
pJ.ohibit<:-d ~n 3J4.12. Cables shall be cone-Galed within walls, flOOlS, 01 ce~ling5 that
provide a thelmal barrier of material that 11M at least a IS-minute finish rating as
identified in listings of fire-rated assemblies.
(2) In any multifamily dwelling not exceeding three floors above grade.
Exception: An additional level shall be permitted in multifamily dwellings
where the entire structure is protected throughout by an approved automatic
sprinkler system.
(3) Other structures not exceeding 3 stories in height.
Note: In paragraphs. 2 & 3 above: For the purpose ofthis article, the first floor of
a building shall be that floor that has 50 percent or more ofthe exterior wall surface
area level with or above finished grade. One additional level that is the first level and
not designed for human habitation and used only for vehicle parking, storage, or
similar use shall be permitted.
REASON FOR CHANGE: Historically NM cable has been limited to a 3-story or less
wiring method since 1975. The allowance to increase the use ofNM cable to buildings in
the 3-6 story range in the 2002 NEC has come about as a result of an appeal action by the
Multi-National Housing Council to the NFPA Standards Council and not as a result of the
normal code revision action through NEC Code-making Panel 7, the NEC Technical
Committee, and the positive vote of the NFP A membership at the NFP A Annual Meeting.
In that the NCTCOG Electrical Advisory Board believes that the current language in the
NEC Section 334.10 may again be revised in the 2005 NEC edition, due to the need for basic
consistency of regulations, and due to the fact that there is no evidence that the current
installation allowances for NM cable do not adequately serve the needs ofthe local electrical
industry and citizens alike, the NCTCOG Electrical Advisory Board believes the use ofNM
cable in the area served by the NCTCOG would best be benefitted by the installation rules
as recommended over the past 3 NEC code cycles.
Section 334.12; add another use not permitted, (11):
334.12 Uses Not Permitted.
(A) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not
be used as follows:
(1) As open runs ... {text unchanged}
"
"
"
(11) In non-residential metal frame structures.
REASON FOR CHANGE: Limiting the use of NM cable in non-residential metal frame
construction is suggested due to the inherent problems with soft jacketed wiring methods in
buildings that utilized mainly metal stud and other metal frame construction with sharp edges of
unknown proportion. It is believed that the potential safety issues against the use of allowing a soft
jacketed wiring method in such construction far outweighed any positive benefits.
Section 500.8(A); change to read as follows:
500.8 Equipment.
(A) Approval for Class and Properties.
(1) Equipment shall be identified ." {text unchanged} ... the maximum
surface temperatures specified in 503.1.
FPN: Luminaries (lighting fixtures) and other heat-producing
apparatus ... {text unchanged} ... see Exception No.3 to 500.8(B).
Suitability of ~delltified equipmont shall be dGtGlmined by àJ.ry of the followiüg. (1) Equipment
listing 01 labeling, (2) EvidenGG of Gquipment evaluation L.om a qualified tcsting laboratory 01
inspection agoncy GoncGmod with. ploduGt evaluation, (J) EvidellGG acceptabk to the atrthoÚty
hay ing j misdiGtion such a5 à. manufactÚlc,r' s self-ev aluã!:ion or an o~ 11Gl' S ongineel~iìg judgment.
REASON FOR CHANGE: "Identified" is already defined in Chapter 1.
Section 600.21 (E); change to read as follows:
600.21 Ballasts, Transformers, and Electronic Power Supplies.
(E) Attic and Soffit Locations.
Ballasts, transfonners and electronic power supplies shall be pennitted to be
located in attics and soffits, provided there is an access door at least 900 mm
by 600 mm (3 ft. by 2 ft.) and a passageway of at least 900 mm (3 ft.) high by
600 mm (2 ft.) wide with a suitable pennanent walkway at least JOO mill (12
ini 600 mm (2 ft.) wide extending from the point of entry to each
component.
REASON FOR CHANGE: To allow a more reasonable and safer width for the required walkway
and to make the requirement consistent with the International Mechanical Code (IMC)."
CITY OF
NORTH RICHLAND HILLS
''-.-
Department: Police Department
Council Meeting Date: September 13. 2004
Subject: Authorize Payment to Motorola for Radio Maintenance Agreement - Agenda Number: PAY 2004-001
Resolution No. 2004 - 063
The annual maintenance agreement for all Motorola radios and related equipment is now
due in the amount of $327,648.76. The Department is paid $297,304.82 in
reimbursements from the Interlocal Agreements with other area cities to facilitate this
contract. The Cities additionally receive a discount rate of 2.6914% when the contract is
paid in an annual lump sum payment. This year's annual lump sum discount from
Motorola reflects savings of $9,062.24.
Currently, there are 2,879 r:adÌDs and 29 radio consoles covered by this contract along with
some additional miscellaneous equipment. The Interlocal agreements that were written to
accommodate this contract were implemented so as to provide bulk discounting, thereby
alleviating some of the costs on a per agency basis. The contract allows for the repair of
our radio equipment, replacement of portable antennas if lost or damaged, replacement
batteries for portables and other such items of benefit to the agencies represented. The
addition of 160 radios and various additional levels of coverage by the consortium cities
account for the $50,691.05 increase for maintenance this year. Only $707.63 of the
increase will be incurred by the City of North Richland Hills, which is due to an addition of
on-site coverage for 8 control station radios which serve in conjunction with the three main
console stations.
Fundinq Source:
115-8012-531.43-65
00 1-9006-532.34-30
$ 297,304.82
$ 30,343.94
Recommendation:
Approve Resolution No. 2004-063 authorizing payment to Motorola Communications for
annual maintenance charges in the amount of $327,648.76.
Finance Review
"
"-
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
,¡f'~~
De artment Head Si nature
115-8012-531 .43-65 &
Account Number 001-9006-532.34-30
Sufficient Fu $ Available
Budget Director
Page 1 of --1
RESOLUTION NO. 2004-063
WHEREAS, the City of North Richland Hills has a continuing maintenance agreement
with Motorola to provide service for all radios and related Motorola equipment; and
WHEREAS, the City of North Richland Hills continues to receive a discount if this
agreement is paid annually instead of monthly; and
WHEREAS, the total annual amount for the period from October 1, 2004 through
September 30,2005 was billed by Motorola in the amount of $327,648.76 on
September 1, 2004; and
WHEREAS, the Police Department is repaid a large portion of this amount from income
from the Interlocal Agreement with other area cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS THAT:
The City Manager be, and is hereby, authorized to sign the Service Agreement
authorizing payment of the annual charges by Motorola in the amount of $327,648.76
from the following accounts:
115-8012-531.43-65
001-9006-532.34-30
$297,304.82
$ 30,343.94
PASSED BY THE CITY COUNCIL this the 13th day of September 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
Zllo---~~T
Richard S. Kitchen, Assistant Chief of Police
APPROVED AS TO FORM AND LEGALITY:
George Staples, Attorney for the City
® MC>T'C>FlOLA
VeL 4.8 Build 1000
SERVICE AGREEMENT
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
Agreement Order # :
Supersedes Agreement #(s) : 0621061250806
Date: 9/1/2004
_...._----.._._---
Company Name: _Nort~~~lan~_l:!i~~onso_rtium ~.,
Attn: ,<:;.t1.iefT 0rn_SJ'1.~~I~¥.... '~__.
Billing Address: 7301_NJõ:..!:oop 82Q___.
City, State, Zip: .N~r!~Bichland H~I~,.~ 7618.Q~_~
Customer Contact: S:~f>~in MJ.ke Y~lIr1!L__.____
Phone: 817427-7003
__ ________u___
Required P.O.: .1',1.0_
Customer #: 1000220707
.'.-.--"."-------
.._.._~-~_._-----
Bill to Tag # : 009-"....
Contract Start Date: 10/01/2004
~-,------ -- - ----.. -.-----------.----------.-...---..------.
Contract End Date: 09/30/2005
_.._--_.~
-.-----. ____·____~·_w____ __ _____."._.__..,__
-------'--
Anniversary Date: ~~~'__~_~___~,__~____
Payment Cycle: Annua!!l'___~_u.~.__..__._~n._
Tax Exempt: ..Y.es._~_~.., . ____.._~__..~__
PO#:
-----------,.._~-------~-----,.------ ----..-----.----
Fax:
~---_._-------_.__._~_._----._-_._---._----
Qty I Model/Option
--------:svC02SVC0030
!
I Description ___=~-_-=-~_________,_~_~o~_~taJy__~xt 1_
! SP - Local Repair with On Site Response : ~
'I Changed from SVC290 - Infrastructure Board Level Repair Services '
Maintenance of Subscribers and Fixed equipment per attachment I $ 28,059.25 $
!
Extended
-~---_._,
336,711.00
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE
DESCRIPTIONS
SUBTOTAL· RECURRING SERVICES, $
SUBTOTAL - ONE-TIME EVENT SERVICES!
TOT AL' $
TAXES' $0.00
GRAND TOTAL ¡ $
28,059.25 $
$
28,059.251 $
1$0.00
28,059.25 i $
336,711.00 '
-----,
i24X7 on fixed equipment. Annual discount is .026914. Quantities added or deleted;
I annually, or as they occur Response on Fixed Equipment is 2 hours notify and 4
: hours on site. T&C's are attached.
'IANNUAL DISCOUNT FOR YEAR 2004-2005 IS $9,062.24
MAKING A NET TOTAL OF $327,648.76
,
,
,
!
THIS SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING
JURISDICTIONS, TO BE VERIFIED BY MOTOROLA
336,711.00 !
I
336,711.00 i
, SUBCONTRACTOR(S)
IDFW Communications
.~.
! Arlington
I STATE
!TX
¡
+--
...l.....-
I received Statements of Work that describe the services provided on this Agreement
Motorola's Service Terms & Conditions, a copy of which is attached to this Service
Agreement, is incorporated herein by this reference
---~
TITLE
DATE
MOTOROLA REPRESENTATIVE (PRINT NAME)
Customer Support Manager
TITLE
972-277-4608
PHONE
SPC v4.8 Build 1000
Release Date: 05/17/04
Service Terms and Conditions
Motorola, Inc,. through its Commercial, Government, and Industrial Solutions Sector ("Motorola"),
and the customer named in this Agreement ("Customer"), hereby agree as follows:
Section 1 APPLlCABIUTY
These Service T enTIS and Conditions apply to service contracts whereby Motorola agrees to
provide to Customer either (1) maintenance, support and/or other services under a Motorola
Service Agreement, or (2) installation services under a Motorola Installation Agreement
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions: the cover page for the Service
Agreement or the Installation Agreement, as applicable: and any other attachments, all of which
are inca-porated herein by this reference. In interpreting this Agreement and resolving any
ambiguibes, these Service Terms and Conditions will take precedence over any CO\ler page, and
the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states otherwise,
2.2. "Equipmenr means the equipment that is specified in the attachments or is subsequently
added to this Agreement
2.3. "Services" means those installation, maintenance, support, training, and other services
described in this Agreemtnt.
Section 3 ACCEPTANCE
Customer accepts these Service Term s and CoMmons and agrees to pay the prices set forth in
the Agreement. This Agreement will become binding only when accepted in Wliting by Motorola.
The term of this Agreement will begin on the "Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described In this Agreement or in a more detailed
statement of woò< or other document attached to this Agreement. At Customers req uest,
Motorola may also provide addibonal services at Motoroia's then-applicable rates for such
servIceS.
4.2. H Motoroia is providing Services for Equipment, Motorola parts or parts of equal quality will
be used; the Equipment will be serviced at levels set forth in the manufadurer's product manuals;
and routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial EqujplT'ef1t, the additional equipment may be added to this Agreement and
will be billed at the applicable rates after the warranty for such additional equipment expires.
4.4. All Equipment must be in good wor1<ing order on the Start Date or when additional equiprrent
is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a
complete serial and model number list of the Equipment. Customer must promptly notify Motorola
in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's
obligation to pay Servce fees for such Equi pment will tenninate at the end of the month in which
Motorola receives sud1 written notice.
4.5. Customer must specifically idenbfy any Equipment that is labeled intiinsically safe for use in
hazardous environments
4.6. If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced
for any reason, Motorola may modify the scope of Services related to such Equipment: remove
such Equipment from the Agreement; or inaease the price to Service such Equipment.
4.7. Customer must promp~y notify Motoroia of any Equipment failure. Motorola will respond to
Customef's nobficatioo in a manner consistent with the level of Service purchased as indicated in
this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service exdudes the repair or oeplacement of Equipment that has become defective or
damaged from use in other than the normal, customary, intended, and authorized manner; use not
in compliance with appltcable industry standards; excessive wear and tear; or accident, liquids,
power surges, neglect, acts of God or other force majeure events.
5.2. Uliess specifically i1duded in this Agreemen~ Service excludes ~ems that are consumed in
the normal operation of the I! uipment, such as batteries or m'\: netic \apes.: upgrading or
reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products,
modified unrts, or software; and repair or mainBnance of any transmission line, antenna,
microwave equipment, tower or tower lighting, duplexer, combiner, or muttícoupler. Motoroia has
no obligations for any transmission medium, such as telephone lines, computer netwoò<s, the
internet or the wor1dwide web, or for Equipment matfunction caused by sud1 tansmission
medium
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. ""'en Motorola perfonns
service at Customer's location, Customer witl provide Motorola, at no charge, a non-hazardous
work envircnment with adequate shener, heat, light, and power and with full and free access to the
Eqtìpmont. _ vers of liability from Motorola or its subcontractors will not be imposed as a site
access requirement Customer will provide all infonnation pertaining to the hardware and
software elements of any system with which the Equipment is interfacing so that Motorola may
perform its SeMces. Unless otherwise stated in this Agreement, the hours of Service will be 8:30
a.m. to 4:30 p.m., toeal time, exduding weekends End holidays. Urness otherwise stated in this
Agreement, the price for the Services exdude any charges or expenses associated with helicopter
or other unusual access requirements; if these d1arges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and
expenses.
Section 7 CUSTOMER CONTACT
Customer wlli provide Motorola with designated points of contact (list of names and phone
numbers) that will be available twent~four (24) hours per day, seven (7) days per week, and an
escalation procedure to ena~e Customer's personnel to maintain contact, as needed, with
Motoroia.
SectiOl1 8 PAYMENT
Unless alternative payment terms are specifically stated in this AgreemEflt, Motorola will invoice
Customer In advance for each payment JEÒod. All other charges will be billed monthly, and
Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments levied as a result of Services rendered under this Agreement
(except income, profit, and franchise taxes of Motorola) by any governmental e riity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
wor1<manship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Customers sole remedy Is to require
Motorola to re-perform the nor~conforming Service or to refund, on a pro·rata basis, the fees paid
for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
SectioI110 DEFAUl TfTERMINA TION
10.1. If either party defaults in the pertormance of this Agreement, the other party will give to the
/1CJI)-perfonnlng party a written and detailed notice of the defalll. The non-pertormlng party wili
have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to
the other party and begin implementing the cure plan immediately after plan approval. If the non-
Service Terms and Conditions,FINAL.9.1.03.doc (CSA formatted)
performing party fails to provide or Implement the cure plan, then the injured party, in addition to
any other rights available to it under law, may immediately terminate this Agreement effective
upon giving a written notice of termination to the defaulting party
10.2. MY termination of this Agreement will not relieve either party of obligations previousty
incurred pursuant to this Agreement, induding payments which may be due and owing at the time
of termination. AH sums owed by Customer to Motorola will become due an d payable immediately
upon termirBI:ion of this Agreement. Upon the effe::tive date of termination, Motorola will have no
further obligabon to provide Services
SectioI111 UMITATION OF UABIUTY
This limitation of liability provision shall apply notw; thstanding any contrary provisIOn in this
Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of
contract, warranty, negligence, strtct liability in tort, or otherwise, will be limited to the direct
damages reco'\erable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH lOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA Will NOT
BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, lOSS OF USE, TIME, DATA,
GOOD Will, REVENUES, PROFITS OR SAVINGS: OR OTHER SPECIAL, IUCIDENTAl,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) year after the
accrual of such cause of action, except for money due upon an open account. This limitation of
liability will survive the expiration or termination of this Agreement.
SectioI112 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings
between the parties, whether written or oral, related to the Services, and there are no agreements
or representations concerning the subject matter of this Agreement except for those expressed
herein. The Agreement may not be amended or modified except by a written agreement signed
by a uthorized representatives of both parties
12.2. Customer agrees to reference this Agreement on any purd'lase order issued in furtherance
of this Agreement, however, an omisoon of the reference to this Agreement shall not affed its
applicability. In no event shall either party be bound by any terms contained in a Customer
ptrd1ase order, acknowledgement, or other writings unless: (i) sud1 purchase order,
acknowledgement, or other writings specifically refer to this Agreemen~ (ii) dearty indicate the
intention of both parties to override and modify this Agreement: and (iii) such purchase orner,
acknowledgement, or other Wlitings are signed by authorized repr esentatives of both parties
SectioI113 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL
PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical
information or otherwise fumished to Customer under this Agreement will remain Motorola's
property, will be deemed proprietary, will be kept confidential, and will be promp~y retumed al
Mci:orola's request. Customer may not æsdose, without Motorola's written permissoo or as
required by law, any such information or data to any person, or use such infonnabon or data itseH
for any purpose other than pef100ning its obligations under this Agreement. The obIigabons set
forth in this Section will survive the expiration or termination of this Agreement.
13.2. Urness otherwise agreed in writing, no commercial, financial or technical inforrnétion
disclosed in any manner or at any time by Customer to Motorola will be deemed secret or
confidential. Motorola will have no obligation to provide Customer with access to its confidential
and proprietary information, induding cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any
ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual
property including any intellectual property aeated as a result of or related to the Equipment sold
or Ser vices performed under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZA TlONS
Customer is so~ly responsible for obtaining licenses or other authorizations required by the
Federal Ccmmunicabons Commission or any other federal, state, or local government agency and
for complying with all rules and regulations required by such agencies. Neither Motoroia nor any
of its employees is an agent or representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter,
Customer will not hire, engage on contract., solicit the employment of, or recommend employment
to any third party of any emplo)ee of Motoroia or ~s subcontractors without the prior written
authorization of Motorola. This provision applies only to those employees of Motoroia or its
subcootractors who are responsi~e for rendering services under this Agreement. tf this provision
is found 10 be overly broad under applicable law, ~ shall be modified as necessary to conform to
such law.
Section 16 MATERIALS, TOOlS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by
Motorola for the pu-pose of this Agreement will be and remain the sole property of Motoroia.
Customer will safeguard all such property while it is in ClStomer's custody or control, be liable for
any loss or damage to such property, and return ~ to Motorola upon request. Such property will
be held by Customer for Motorola's use without charge and may be removed from Customer's
premises by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining tenns wül
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in
accordance with the laws of the State in whid1 the Services are performed.
17.3. Failure to exerose any right will not operate as a waiver of that right, power, or privilege.
17..4. Neither party is liable for delays or lad< of perfonnance resulting from any causes such as
strikes, material shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of ~s
perfonnance, under this Agreement.
17.6. THIS AGREEMENT Will RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT lESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date, Motorola may adjust the
price of the Services to reftect its current rates.
17.7. If Motorola provides Services after the termiration or expiration of this Agreement, the
terms and conditions in effect at the time of the termination or expj ration will apply to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective hourly rates
8/31/2004
City of North Richland Hills Consortium (Two-Way)
for Oct 1 04 -- Sept 30, 05
MOTOROLA COMMERCIAL GOVERNMENT & INDUSTRIAL SECTOR
SERVICE AGREEMENT ANNUAL PA YMENT DISCOUNT CALCULA TOR
PERIODIC MAINTENANCE PAYMENT (MONTHLY AMOUNT)
$28,059.25
NUMBER OF PAYMENTS DUE
12
# OF MONTHS UNTIL 1ST PAYMENT
o
DISCOUNT FACTOR
0.026914
PAYMENT MODE
Advance
NUMBER OF MONTHS DISCOUNTED
12
ORIGINAL ANNUAL PAYMENT
$336,711.00
DISCOUNT AMOUNT
$9,062.24
ANNUAL PAYMENT WITH DISCOUNT
$327,648.76
MOTOROLA, INC.
®
MOTOROLA
Rev. 8/3] /04
Radio Pans and Sen'icf' Cro/lp
UnlIt'll Swres i CaJ/ada SCJTicf' DiI'Î."¡oll- We.<;/
NORTH RICHLAND HILLS RF CONSORTIUM
MAINTENANCE AGREEMENT TERMS &
FEATURES
1. UnJimited repair and check out of covered units
2. Reprogrammin.g of Subscriber Units (i.e. Mobiles, Portables & control Stations) based on the
following:
a. Reprogramming is covered only when radios are repaired, and the repair requires a
unit to be programmed using an existing template.
3. Preventive Maintenance check of system one time per year to be scheduled by
the customer
4. Prices are set for the use ofRF Consortium agencies only.
5. Prices are per unit/per month, and include parts and labor.
Defìnition of covered or not covered items is:
a. Radio housing, antenna, single unit charger and internal components are
covered.
b. Remote speaker microphones may be added as on option by any member
of consortium for $3.00 per unit per month.
c. A $4.00 charge per month has been applied, and will continue to be appJied
for new units during the Warranty period. This charge provides coverage for
programming & physical damage during Warranty.
6. Units that are physically abused, or water damaged will be covered up to $ 150.00 of
combined parts and labor costs necessary to repair. Additional costs will be billed
direct from the local service provider at a special rate of$ 85.00 per hour, plus parts
7. Maintenance Agreement covers the REPAIR or REPLACEMENT of one (]) antenna,
and one (I) single unit charger per unit per year, if detennined to be defective
8. Battery Maintenance (part of the agreement) is defined as RECONDITIONING or
REPLACEMENT of batteries. A radio serial # and existing battery are required at the
time of replacement. ( Date codes may be etched on the bottom or top of batteries..) The
contract wiH replace up to 1/2 of the batteries per calendar (contract) year, based on
the quantity of units covered, per member of the consortium. Batteries issued are
standard rapid charge batteries. Intrinsically safe batteries wiH be charged the
differential price between the list price of both batteries.
We are offering the inclusion of the IS batteries on the same terms as the other
batteries for $1.85 more for each ]S portable.
9. A]] repairs wi]] be perfonned 8:00 am to 4:30 PM, Monday through Friday, except
where noted otherwise (excludes weekends and holidays)
] O. Pick up and delivery of subscriber portable units wi]] be on demand, not to exceed
two (2) ca]]s per week (allow twelve (12) business hours response time from initial request)
] ]. Fire and Ambulance mobile radios can be serviced at customer location Monday _
Friday 8:00 - 4:30 (excludes Dave Clark, SetCom, and/or other apparatus equipment)
A]] other mobiles must be serviced at one (I) of three (3) area Motorola Service.
] 2. Insta]] and Removal services to be addressed on a per quotation basis
] 3. Repair time of subscriber units (i.e. mobiles, portables, and control stations) not to exceed five
(5) working days, without notification of any parts backorder and/or other delays
] 4. Motorola Customer Support Manager wi]] be responsible for working with customer
contract administrator, to track, update, and adjust equipment inventory as changes
occur
] 5. Above contract work wj]J be perfonned at $ 85.00 per hour, plus parts
(exclusive to consortium customers only)
] 6. Discounts wi]] be applied for annual payment of contract in advance
(discount rates to be determined at each contract renewal)
] 7. Telephone consultation and support wi]] be provided at no additional charge from
DFW Communications Inc.
] 8. Console Operator Positions are $175 per operator position
19. Central Electronic Bank Equipment: Fu]] 24X7 coverage during the contract
peri od
20. Control Stations are permanent installations & have not been treated as mobiles
as was the intent of the contract. Repairs have been consistently made at the
customer location. Control Stations will be offered at a biJJing rate of $] 5.00
per month. Programming will continue to be offered per the original contract
terms, when taken to any of D FW's service location
21. Time & Material Rates for non contract items follow:
Nonnal Business Hours $] 05.00 per hour + parts. There is a trip charge of $48.00 for
each caJ] out. Hourly rate start on aniva] at customer location
After Hours have no trip charge. Hourly rate starts from point of origin. The hourly
rate is $]57.50. The minimum charge is 4 hours or $630.00 per trip.
22. CJarification on XTS submersible intrinsicaIJy safe radios
The seals on XTS submersible radios are only guaranteed for 1 year from date of
purchase. Seal failure is not considered physical damage, unless there is apparent
physical damage to the radio that caused the seal to fail. See SRN] 404, attached.
23. Pricing of subscribers to North Richland Hills Consortium
Motorola wi}} continue to charge $6.60 per unit per month for fiscal year 2004-2005.
North Richland Hills Consortium 9/01/04
Coverage Period: October 1, 2004 to September 30, 2005
Unit Cost Total Per Number of
Per Month Month Months Annual Cost
Bedford
261 Subscribers $ 6.60 $ 1,722.60 12 $20,671.20
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
3 Consoles $ 175.00 $ 525.00 12 $ 6,300.00
1 Server $ 175.00 $ 175.00 12 $ 2,100.00
8 Control Stations $ 15.00 $ 120.00 12 $ 1,440.00
5 NTNll77 Multi Chargers $ 6.00 $ 30.00 12 $ 360.00
6 L650A DGT 9000 Remotes $ 2.50 $ 15.00 12 $ 180.00
4 L1474 DC Remotes $ 2.50 $ 10.00 12 $ 120.00
2 TDN9430 Battery Conditioner $ 6.00 $ 12.00 12 $ 144.00
1 Net Clock $ 175.00 $ 175.00 12 $ 2,100.00
1 3 Com Server Switch $ 38.00 $ 38.00 12 $ 456.00
7 CSU's $ 37.50 $ 262.50 12 $ 3,150.00
Total $37,021.20
Discount $ 996.39
Total $ 36,024.81
Euless
3 15 Subscribers $ 6.60 $ 2,079.00 12 $24,948.00
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
3 Consoles $ 175.00 $ 525.00 12 $ 6,300.00
16 Control Stations $ 15.00 $ 240.00 12 $ 2,880.00
1 MTR 2000 Siren base Station $ 120.00 $ 120.00 12 $ 1,440.00
1 HP Server Switch $ 38.00 $ 38.00 12 $ 456.00
1 UDS Modem $ 16.00 $ 16.00 12 $ 192.00
1 Net Clock $ 175.00 $ 175.00 12 $ 2,100.00
1 CSU $ 37.50 $ 37.50 12 $ 450.00
Total $38,766.00
Discount $ 1,043.35
Total $37,722.65
Keller
183 Subscribers $ 6.60 $ 1,207.80 12 $14,493.60
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
2 Consoles $ 175.00 $ 350.00 12 $ 4,200.00
1 Server $ 175.00 $ 175.00 12 $ 2,100.00
8 Control Stations $ 15.00 $ 120.00 12 $ 1,440.00
1 Net Clock $ 175.00 $ 175.00 12 $ 2,100.00
1 3 Com Server Switch $ 38.00 $ 38.00 12 $ 456.00
1 Spectra RF Modem $ 38.00 $ 38.00 12 $ 456.00
Total $ 25,245.60
Discount $ 679.46
Total $ 24,566.14
,altom City
176 Subscribers $ 6.60 $ 1,161.60 12 $13,939.20
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
3 Consoles $ 175.00 $ 525.00 12 $ 6,300.00
1 SIP $ 50.00 $ 50.00 12 $ 600.00
o Control Stations $ $
Total $ 20,839.20
Discount $ 560.87
Total $20,278.33
Southlake
289 Subscribers $ 6.60 $ 1,907.40 12 $22,888.80
1 Subscriber in Warranty $ 4.00 $ 4.00 12 $ 48.00
46 Subscribers for parks $ 6.60 $ 303.60 12 $ 3,643.20
105 Intrinsically Safe units for battery coverage $ 1.85 $ 194.25 12 $ 2,331.00
3 Consoles (1 Server) $ 175.00 $ 525.00 12 $ 6,300.00
8 Control Stations $ 15.00 $ 120.00 12 $ 1,440.00
1 Knox Box Encoder $ 12.00 $ 12.00 12 $ 144.00
1 Radius GM3000 Control Station $ 27.00 $ 27.00 12 $ 324.00
2 Remotes, 1 fire, 1 PD $ 20.00 $ 40.00 12 $ 480.00
1 Tone Remote Interface $ 13.00 $ 13.00 12 $ 156.00
1 Maxtrac UHF Base $ 27.00 $ 27.00 12 $ 324.00
1 MTR 2000 Repeater $ 120.00 $ 120.00 12 $ 1,440.00
1 Micor Repeater $ 120.00 $ 120.00 12 $ 1,440.00
2 CSU's $ 37.50 $ 75.00 12 $ 900.00
1 3 Com Server Switch $ 38.00 $ 38.00 12 $ 456.00
Total $42,315.00
Discount $ 1,138.87
Total $41,176.13
Colleyille
151 Subscribers $ 6.60 $ 996.60 12 $11,959.20
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
2 Consoles $ 175.00 $ 350.00 12 $ 4,200.00
1 Server $ 175.00 $ 175.00 12 $ 2,100.00
8 Control Stations $ 15.00 $ 120.00 12 $ 1,440.00
1 Net Clock $ 175.00 $ 175.00 12 $ 2,100.00
1 3 Com Server Switch $ 38.00 $ 38.00 12 $ 456.00
1 Radius UFH Control Station $ 15.00 $ 15.00 12 $ 180.00
Total $ 22,435.20
Discount $ 603.82
Total $21,831.38
Grapevine
300 Subscribers $ 6.60 $ 1,980.00 12 $23,760.00
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
5 Consoles $ 175.00 $ 875.00 12 $10,500.00
13 Control Stations $ 15.00 $ 195.00 12 $ 2,340.00
1 Server $ 175.00 $ 175.00 12 $ 2,100.00
I MTR 2000 Intercity Base Not Covered $ 120.00 $ 120.00 0 $
1 3 Com Server Switch $ 38.00 $ 38.00 12 $ 456.00
1 Net Clock $ 175.00 $ 175.00 12 $ 2,100.00
I MSF5000 Weather Base Not Covered $ 120.00 $ 120.00 0 $
Total $41,256.00
Discount $ 1,110.36
Total $40,145.64
Richland Hills
50 Subscribers $ 6.60 $ 330.00 12 $ 3,960.00
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
I Consoles $ 175.00 $ 175,00 12 $ 2,100.00
I SIP $ 50.00 $ 50.00 12 $ 600.00
1 Control Stations $ 15.00 $ 15.00 12 $ 180.00
Total $ 6,840.00
Discount $ 184.09
Total $ 6,655.91
North Richland Hills
296 Subscribers $ 6.60 $ 1,953.60 12 $ 23,443.20
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
3 Consoles $ 175.00 $ 525.00 12 $ 6,300.00
8 Control Stations $ 15.00 $ 120.00 12 $ 1,440.00
Total $31,183.20
Discount $ 839.26
Total $ 30,343.94
Tarrant County Sheriff
788 Subscribers $ 6.60 $ 5,200.80 12 $62,409.60
o Intrinsically Safe units for battery coverage $ 1.85 $ 12 $
4 Consoles $ 175.00 $ 700.00 12 $ 8,400.00
Total $ 70,809.60
Discount $ 1,905.77
Total $ 68,903.83
Note: The equipment counts above are based on last years contract and the current subscriber 10'5 on the
N.E. Tarrant County Consortium System.
Bedford $
Euless $
Keller $
Haltom City $
Southlake $
Colleyville $
Grapevine $
Richland Hills $
North Richland Hills $
TaITantCoun~ $
Total $
Discount $
Total $
37,021,20
38,766.00
25,245.60
20,839.20
42,315.00
22,435.20
41,256.00
6,840,00
31,183.20
70,809.60
336,711.00
9,062.24
327,648.76
,
CITY OF
NORTH RICHLAND HILLS
"- Department: Police Department
Council Meeting Date: Se tember 13, 2004
Subject: Authorize Payment to Motorola for Annual Mobile Data Terminal
Service Agreement - Resolution No. 2004-062
Agenda Number: PAY 2004-002
The annual Mobile Data Terminal Service Agreement fees are due on October 1 , 2004 in
the amount of $29,980.78. The Department is repaid a portion of this amount from income
as agreed to in an Interlocal Agreement with the City of Keller; therefore, limited funds are
expended by North Richland Hills from General Fund accounts.
The fees attached to this contract allow us to operate a multi-jurisdictional Mobile Data
Terminal (MDT) system for four (4) entities. There are a total of sixty-one (61) data
devices operating on the system at this time.
North Richland Hills PD, North Richland Hills FD, North Richland Hills Court, and Keller PD
remain under the current agreement and annual payments.
The total amount of the contract is $29,980.78, which covers all radio and microwave
infrastructure maintenance costs as well as maintenance costs for the data devices.
Recommendation:
.,,-.
Approve Resolution No. 2004 - 062 authorizing payment to Motorola for the annual Mobile
Data Terminal Service Agreement fees in the amount of $29,980.78.
'-.....
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Othe¿ ~ ~
Departmen H ad Signature
Finance Review
Account Number 115-8011-531.43-67
Sufficient F nds Available
Budget Director
Page 1 of -1.
RESOLUTION NO. 2004 - 062
WHEREAS, the City of North Richland Hills has a continuing service agreement with
Motorola to provide service for all Mobile Data Terminals and related; and
WHEREAS, the City of North Richland Hills continues to receive a discount if this
agreement is paid annually instead of monthly; and
WHEREAS, the total annual amount for the period from October 1, 2004 through
September 30,2005 was billed by Motorola in the amount of $29,980.78; on
September 1,2004; and
WHEREAS, the Police Department is repaid a portion of this amount from income from
the Interlocal Agreement with other area cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS THAT:
The City Manager be, and is hereby, authorized to sign the Service Agreement
authorizing payment of the annual charges by Motorola in the amount of $29,980.78
from the following account:
115-8011-531.43-67
$29,980.78
PASSED BY THE CITY COUNCIL this the 13th day of September 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APP~AS TO C~N~
f·/~
Richard S. Kitchen, Assistant Chief of Police
APPROVED AS TO FORM AND LEGALITY:
George Staples, Attorney for the City
® MOTOROLA
Ver 4.8 Build 1000
SERVICE AGREEMENT
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
Agreement Order # :
Supersedes Agreement #(s) : 0621061250803
Date 8/31/2004
^ -, -_.__._-_._----~---_.__._-
Required P.O.: No
Customer #: 1000220707
--'----.-,-.--.--.'.-.---
Bill to Tag # : ()()01__________.
Contract Start Date: 10/01/2004
_.."'_____"__·_______m'.___'__~ .'_.__ _ _ ......_.~_.
Contract End Date: 09/30/2005
Company Name: _City_of No..rtl1_l3.i~~~!1(j-'::!ills_tº~~aL_______
Attn: c:hi~fT ()r!U~~o<:_kleL____~_ _________
Billing Address: 7301 NE 820
City, State, Zip:Nort~ Richland Hills, TXI~!8-º~_____.____
Customer Contact: _Captain Mike yO~~L_.____________.___
Phone: 817-427-7003
---~.._--_._-_.,_._._~-_._--
-------..---.------
--.---.------..-------....---..--------.--.-.-----.---
Anniversary Date: .__.__._._._.__.____._____._.____________.___
Payment Cycle:~':1.~lJ~Iy_____~_______________
Tax Exempt: ye~_____~~__ __.___.___
PO#:
Fax:
i-'Qìy _
Model/QE.tion .---T'Description--·- --- ----
SVC02SVC0030 i SP - Local Repair with OnSite Response
'Changed from SVC290 - Infrastructure Board Level Repair Services
;FRU C99CX PA
I
i FRU C99CX MSF
:FRU D2007G
--·---==~=MOrïttiiYE-xt·-T-·--EXtende~-
~-----------_.-
1
1
23
1
1
1
1
1
2
1
1
38
, GCC480
:GCC MODEM
! MDT9100-1/9100-T'S
: MSFSOOO
: MODEM 201 BIT
:MICROWAVE LINK
; RNC3000,3 SLOT
IC6SCXB W/BSC2100
TDN9263 14.4 MODEMS
i-SOOA CONSOLE UNIT
¡DISPATCH W/PTS
iVRM'S
¡SP - Depot Infrastructure Repair/Advanced Replacement
¡ Changed from SVC290 - Infrastructure Board Level Repair Services
'I RNC3000 3 SLOT
I RNC3000SW SUPPORT
I SP - Subscriber Repair - Rockford
Changed from SVC964A - Radio Support Center Services
VRM'S
: SVC02SVC0029
i
¡ SVC02SVC0014
38
I
$ 14.50 $ 174.00
$ 14.50 $ 174.00
$ 14.50 $ 174.00
$ 97.00 $ 1,164.00
;
$ 16.00 $ 192.00
$ 460.00 $ 5,520.00
$ 154.00 $ 1,848.00 .
$ 13.00 $ 156.00
$ 247.00 $ 2,964.00
$ 177.83 $ 2,133.96
$ 217.00 $ 2,604.00
$ 37.00 $ 444.00
$ 70.00 $ 840.00
$ 84.00 $ 1,008.00
$ 258.40 $ 3,100.80
$ 145.17 $ 1,742.04
$ 350.00 $ 4,200.00
$
197.60 $
2,371.20
1
I
I
I
I
Discount for annual ¡
I
--suBTOTAL - RECURRING SERVICEsf-$-
SUBTOTAL - ONE-TIME EVENT SERVICESI
TOT AW$
TAXE:iliBO
GRAND TOTAL I $
1
2,567.50 1 $ 30,B10.00 ;
-¡. ----~--------1
$ -
2,567.50 : $ 30,810.00 '
1$0.00
2,567.50 \ $
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE
DESCRIPTIONS
! CUSTOMER IS RESPONSIBLE FOR TIBERON SOFTWARE.
I payment in advance applies. See Discount sheet attached.
ANNUAL DISCOUNT FOR YEAR 2004-2005 IS $829.22
¡MAKING A NET TOTAL OF $29,980.78
30,810.00 I
THIS SERVICE AMOUNT 18 SUB-JEer TO STATE & LOCAL TAXING
JURISDICTIONS, TO BE VERIFIED BY MOTOROLA
¡----
!
.--
'CITY ¡STATE
¡Arlington ITX I
rSchaumburg----Ti¡:------~-1
I i ·
I Rockford IlL .-
I-- -1
...J
I
--===..L=~----I.
I received Statements or Work that describe the services provided on this Agreement.
SPC v4.8 Build 1000
Release Date: 05/17/04
Motorola's Service Terms & Conditions, a copy of which IS attached to this Service
Agreement, is incorporated herein by this reference
-_---__0__- _____
AUTHORIZED CUSTOMER SIGNATURE
TITLE
Customer Su )p()rt~an~~er
TITLE
972-277-4608
PHONE
SPC v4.8 Build 1000
DATE
-~~~
972-277-4681
FAX
Release Date: 05/17/04
Service Tenns and Conditions
Motorola, Inc" through its Commercial Govemment, and Industrial Solutions Sector (MMotorola"),
and the customer named in this Agreement ("Customer"), hereby agree as follows·
Section 1 APPUCABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agr~s to
provide to Customer either (1) maintenance, support andlor other services under a Motorola
Service Agreement, or (2) installation services under a Motorola Installation Agreement
Section 2 DEFINITIONS AND INTERPRETATION
2.1. MAgreemenf' means these Service Terms and Conditions: the coYer page for the Service
Agreement or the Installation Agreement, as applicable; and any other attachments, all of which
are incaporated herein by this reterence In interpreting this Agreement and resolving any
ambiguities, these Service Terms and Conditions will take precedence over any cover page, and
the cover page will take precedence over any attadlments, unless the cover page or attachment
specifically states otherwise
2.2. ~Equjpment" means the equipment that is specified in the attachments or is subsequently
added to this Agreement.
2.3. ~Services" means those installation, maintenance, support, training, and other services
described in this Agreement.
Section 3 ACCEPTANCE
CustOfT')er accepts these Service Terms and Conditions and agrees to pay the prices set forth in
the Agreement. This Agreement will become binding only when accepted in writing by Motorola
The term of this Agreement wìU begin on the "Start Date~ indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola win provide the Services described in this Agreement or in a more detailed
statement of woO<. or other document attached to this Agreement At Customer's req uest,
Motorola may also provide additional services at Motorola's then-applicable rates for such
services
4.2. If Motorola is providing SOIVices for Equipment. Motorola parts or parts of equal quality will
be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals;
and routine service procedures that are presaibed by Motorola will be followed
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equiprrent, the additional equipment may be added to this Agreement and
will be billed at the applicable rates after the warranty for such additional equipment expires.
4.4. AU Equipment must be in good working order on the Start Date or when additional equipment
is added to the Agreement. Upon reasona~e request by MotoroJa, Customer will provide a
compiete serial and model number list of the Equipment. Customer must promptly notify Motorola
in writing when any Equipment is iost. damaged, stolen or taken out of service. Customers
obligation to pay Ser~ce fees for such Equi pment will terminate at the end of the month in whicl1
Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced
for any reason, Motorola may modify the scope of Services related to sucl1 Equipment; remove
sucl1 Equipment from the Agreement: or increase the price to Service sud1 Equipment.
4.7. Customer must promptiy notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the ævel of Service purchased as indicated in
this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes lhe repair or ..placement of Equipment that has become defective or
damaged from use in other than the normal, customary, intended, and authorized manner, use not
in compüance with applicable industry standards; excessive wear and tear; or accident. liquids,
power surges, neglect, acts of God or other force majeure events.
5.2. Uness specifically i1cIuded in this Agreement. Service excludes items that are consumed in
the normal operation of the li¡uipment, sud1 as batteries or ~nelic tapes.; upgrading or
reprogramming Equipment: accessories, belt clips, battery chargers, custom or special products,
modified units, or software; and repair or mainenance of any transmission line, antenna,
mícrowa"" equipment, tower or tower lighting, duplexer. combiner, or mullicoupler. Motorola has
00 obltgations for any transmission medium, sud1 as te~phone lines, computer networks, the
internet or the wor1dwide web, or for Equipment matfunction caused by sud1 tansmission
medilØT1.
Section 6 TIME AND PLACE OF SERVICE
Service wiM be provided at the location specified in this Agreement. When Motorola performs
service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous
work envirQ1ment with adequate she~er, heat, iight, and power and with full and free access to the
Equipment. wa vefS of liability from Motorola or rts subcontractors will not be imposed as a site
access requirement. Customer will provide all infol1T1ation pertaining to the hardware and
software elements of any system with whid1 the Equipment is interlacing so that MotorŒa may
perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30
a.m. to 4:30 p.m., local time, exctuding weelends and holidays. Unless otherwise stated in this
Agreement, the price for the Services exdude any marges or expenses associated with helicopter
or other unusual access requirements; if these charges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and
expenses
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone
numbers) that will be available twent)'four (24) hours per day, seven (7) days per week, and an
escalation procedure to enable Customer's persomel to maintain contact, as needed, with
Motorola.
Section 8 PAYMENT
Unless attemative payment terms are specifically stated in this Agreemmt, Motorola wiU invoice
Customer in advance for eacl1 payment ¡eriod. All other charges will be biUed monthly, and
Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
Customer agrees to reimburse Motorola for all property taxes, sa~s and use taxes, excise taxes,
and other taxes or assessments levied as a result of Services rendered under this Agreement
(excep1 income. profit, and francl1ise taxes of Motorola) by any govemmental entity.
Section 9 WARRANTY
Motorola warrants that its SeMces under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the SOIVices are
completed. In the event of a breach of this warranty, Customer's sole remedy is to require
Motorola to re-perform the nOIF-conforming Service or to refund, on a pro.rata basis, the fees paid
for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE
Section 10 DEFAUl TITERMINA TlON
10.1. If either party defaults in the performance of this Agreemen, the other party wilí give to the
non-performing party a written and detaiied notice of the defaJlt. The non-performing party will
have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to
the other party and begin implementing the cure plan immediately after plan approval. if the non-
Service Tenns and Conditions,FINAL.9.1.03,doc (CSA formatted)
perfonning party fails to provide or implement the cure plan, then the injured party, in addition to
any other rights available to it under law, may immediately terminate this Agreement effective
upon giving a written notice of termination to the defaulting party.
10.2. My termination of this Agreement wilí not relieve either party of obligations prel/lously
incurred pursuant to this Agreement, induding payments whìch may be due and owing at the time
of terminat!on. All su~s owed by Customer to Motorola will become due and payable immediately
upon temm8tion of this Agreement Upon the effecüve date of termination, Motorola will have no
further obligation to provide Services
Section 11 UMITATlON OF LIABILITY
This limitation of liability provision shall apply notwi thstanding any contrary provision in this
Agreement. Except for personal injury or death, Motorola's total liability, whether for breadl of
contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct
damages reco-erable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA 'MLL NOT
BE LIABLE FOR ANY COMMERCIAL LOSS: INCONVENIENCE; LOSS OF USE, TIME, DATA,
GOOD WILL. REVENUES, PROFITS OR SAVINGS: OR OTHER SPECIAL, IIICIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for brear.h of this Agreement or Otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) year after the
accrual of such cause of action, except for money due upon an open account. This limitation of
liability will survive the expiration or termination of this Agreement
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings
between the parties, whether written or oral, related to the Services, and there are no agreements
or representations concerning the subject matter of this Agreement except for those expressed
herein. The Agreement may not be amended or modified except by a written agreement signed
by a uthorized representatives of both parties
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance
of this Agreement, however, an omission of the reference to this Agreement shall not affect its
applicability In no event shall either party be bound by any tenns contained in a Customer
plf'ctlase order, acknow~ment. or other writings unless: (i) such purdlase order,
acknowledgement. or other writings specifically refer to this Agreement; (ii) clearty indicate the
intention Of both parties to override and modify this Agreement; and (iii) such piXcI1ase order,
acknowledgement, or other writings are signed by authorized representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTlAUTY; INTELLECTUAL
PROPERTY RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical
infonnation or otherwise fumished to Customer under this Agreement will remain Motorola's
property, will be deemed proprietary, will be kept confidential. and will be promptly returned at
Mcxorola's request. Customer may not disclose, without Motorola's written permission or as
required by law, any such information or data to any person, or use such infol1T1ation or data rtsetf
for any purpose other than performing its obligations under this Agreement The obligations set
forth in this Section will survive the expiration or tennination of this Agreement
13.2. Unless otherwise agreed in writing, no commerciaJ, financial or technical infofTmtion
disclosed in any manner or at any time by Customer to Motorola will be deemed secret or
confidential. Motorrna will have no obligation to provide CLStomer with access to its confidential
and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any
ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual
property including any intellectual property created as a result of or related to the Equipment sold
or Ser vices pelionned under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Canmunications Commisston or any other federal, state, or local government agency and
for complying with all rules and regulations required by such agencies. Neither Motorola nor any
of its employees is an agent or representative of Customer in any governmental matters.
Section 1S COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter,
Customer will not hire. engage on contract, solicit the employment of, or recommend employment
to any third party of any emplo)ee of Motorola or its subcontractors without the prior written
authorization of Motoroia. This provision applies only to those employees of Motorola or its
subcontractors who are responsitNe for rendering serv;œs under this Agreement. If this provision
is found to be over1y broad UfJder applicable law, it shall be modífled as necessary to conform to
sucI1law
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, modeis, drawings or other materials paid for or furnished by
Motoroia for the pcrpose of this Agreement will be and remain the sole property of Motorola.
Customer will safeguard all such property while it is in ClStomers custody or control, be liable for
any loss or damage to sud1 property, and return it to Motorola upon request. Sum property will
be held by Customer for Motorola's use without charge and may be removed from Customer's
premises by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining tel1T1s will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in
accordance with the laws of the State in which the Services are performed .
17.3. Failure to exercise any right will not 0 perate as a waiver of that right, power, or privilege.
17.4. Neither party is liable for delays or lack of performance resu~ing from any causes such as
strikes, material shortages, or acts of God that are beyond that party's reasonable control
17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its
perfonnance, under this Agreement.
17.6. THIS AGREEMENT 'MLL RENEW. FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFiCALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date. Motorola may adjust the
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the termirat:ion or expiration of this Agreement, the
terms and conditions in effect at the time of the termination or expi ration will apply to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective hourly rates
8/31/2004
City of North Richland Hills (Data)
MOTOROLA COMMERCIAL GOVERNMENT & INDUSTRIAL SECTOR
SERVICE AGREEMENT ANNUAL PA YMENT DISCOUNT CALCULA TOR
PERIODIC MAINTENANCE PAYMENT (MONTHLY AMOUNT)
$2,567.50
NUMBER OF PAYMENTS DUE
12
# OF MONTHS UNTIL 1ST PAYMENT
o
DISCOUNT FACTOR
0.026914
PAYMENT MODE
Advance
COMPOUNDING PERIODS
Monthly
NUMBER OF MONTHS DISCOUNTED
12
ORIGINAL ANNUAL PAYMENT
$30,810.00
DISCOUNT AMOUNT
$829.22
ANNUAL PAYMENT WITH DISCOUNT
$29,980.78
MOTOROLA, INC.
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 9/13/04
"-
Subject: Public Hearing and Consideration of a ReQuest from Agenda Number: ZC 2004-04
BH CH GA LLC for a Zoning Change from "AG" Agricultural District to "R-2" Residential District
(Located at 9200 Nob Hill Drive - 2.145 acres) - Ordinance No. 2798
Case Summary: The applicant is combining this site along with another adjacent tract
(already zoned "R-2" Residential) for the development of a 13-lot residential subdivision.
Subdivision Plat Status: A preliminary plat for this site (ref. PP 2004-05 Woodland Oaks
East Addition) was approved by the Planning and Zoning Commission on August 19th of this
year.
Existing Land Use/Site Attributes: The site is vacant and characterized as being heavily
wooded with an elevated topography and steep slope down to Precinct Line Road.
Thoroughfare Plan: Primary access to this site is from Precinct Line Road a 7-lane,
undivided, principal arterial with a 130' R.O.W. Two proposed lots (top of Nob Hill) are
accessed by Nob Hill Drive, a 2-lane, local street with 50' ROW. The proposed plat does not
connect existing Nob Hill Drive with Precinct Line Road.
Comprehensive Plan: The Comprehensive Plan indicates office use for this area. The
proposed use is not consistent with the Plan. The request for residential zoning does,
however, reflect a recent trend toward the downsizing of commerciaVindustrial areas for low-
density residential development.
Adjacent Zoning / Land Use:
North: "AG"I Single family residences
East: City of Hurst 1 Single family residences
South: "R-2" 1 Single family residences
West: "R-2" I Single family residences
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on August 19, 2004 recommended approval of ZC 2004-04 by a
vote of 7-0.
Finance Review
Account Number
Sufficient Funds Available
Finance Director
~~
ZC 2004-04 Woodland Oaks East cc
CITY OF
NORTH RICHLAND HILLS
Staff Recommendation: Approve Ordinance No. 2798
"-
Review Schedule:
Application: 1/12/04
Final Hearing: 9/13/04
Total Review Time: 35 weeks·
* This rezoning application, along with a preliminary Plat. was originally considered by the Planning and Zoning
Commission on March 14th. At that time the plat was denied by the Commission due to numerous design issues. The
rezoning request was continued to AprillSth, May 20th and finally indefinitely until such time as the applicant could resubmit
a revised preHmimny plat The revised preliminary plat was submitted for staff review on July 21st and was approved along
with this rezoning request by the Commission on August 19th.
\..........
'-"'-
2
ORDINANCE NO. 2798
ZONING CASE 2004-04
4
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF
NORTHRICHLAND HILLS, TEXAS, AND REZONING A2.145-ACRE TRACT
OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (RESIDENTIAL)
ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
6
8
10
12
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet ofthe property herein described at least 10 days
before such hearing; and,
14
16
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
18
20
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the
zone change; and,
22
24
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens ofthe City of North Richland
Hills; NOW, THEREFORE,
26
28
30
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
32
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
rezoning a 2.145 acre tract of land located at 9200 Nob Hill Drive, and
described on Exhibit "A" hereto, from AG Agricultural to R-2 Residential
zonmg.
34
36
38
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
40
42
Ordinance No. 2798
Page I of2
2
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
4
6
Section 4:
This ordinance shall be in full force and effect immediately after passage.
8
AND IT IS SO ORDAINED.
IO
PASSED on this 13th day of September, 2004.
]2
CITY OF NORTH RICHLAND HILLS
]4
]6
By:
Oscar Trevino, Mayor
]8
ATTEST:
20
22
Patricia Hutson, City Secretary
24
APPROVED AS TO FORM AND LEGALITY:
26
28
George A. Staples, Attorney
30
APPROVED AS TO CONTENT:
32
34
Department Head
36
Ordinance No. 2798
Page 2 of2
~'\" t TIT
ID"I "'I-\I~ S'
~~ ' y,
~ ::0
,c ~
- 1/ H JNl ING
- V
;
-',
-
'..
-
- -
I--- -
---
I--
/
~ ~ ~ P-l
~
'-- c.O..~ -
- :Þ~
, f--
-,
~
~
. ' ,", ,
"- .
" HH3Hl ANI) I":'BK"
.
,
LJIf':!UI '
..AND (.t"(t::ð
I
,
"
-.
~
w,
ex--
..0_
0::
, --~
_<3:
o
,i,',,' ,
" "
,':, ,
<
~
1
. ".-.-
I---
Þ
~
_ ¡VI ¡- '"' '
- )-.....
1--;::--
--1---
~ / I
~~
\
, ...'
.. ...-..,
i "' ".'
I
>-
:=w
~ ':;;
T I rJ
'. '-" .
;/""\vr I::N
:'
1\ .
I---
I-- .'
f--L-- '\ ~
~ __{ ",,*,', -!i~
,--~
~,~II
I
~
7
V, ",,""
.
IILL
,'.
I
I
\iAI·IFY
N
A
NRH
PZ 2004-04
RE-ZONING
TRACT A, 2.145 ACRES
T.K. MARTIN SURVEY, A-1055
FROM "AG" AGRICULTURE TO
"R-2" SINGLE FAMILY RESIDENTIAL
MAP CORRECTION
I
:
.
--
~.
u
\
.
.-
--
..
---
--
-_..
PZ 2004-04
CONTINUED PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM BH CH GA LLC FOR A ZONING CHANGE FROM "AG"
AGRICULTURAL DISTRICT TO "R-2" SINGLE FAMILY RESIDENTIAL
DISTRICT (LOCATED AT 9200 NOB HILL DRIVE - 2.145 ACRES).
APPROVED
This zoning case and a preliminary plat were brought before the Commission on
March 14. There were issues raised by adjacent neighbors and the Commission
denied the plat and continued the public hearing on the zoning issue until April
15, then to May 20, and then to this evening. The developer intends to build R2
houses. The plat consists of 13 lots, 10 of which are buildable. Staff issues have
been satisfied and staff recommends approval.
Mr. Sapp asked for clarification on Note #5.
Mr. Green explained that Note #5 was a request by the developer to have utilities
at the front of the lots. The applicant no longer wishes to do that. The utilities
will now be provided on the rear of the lot and a variance request for utilities on
the front is no longer needed. Note #5 on the plat face will need to be deleted.
Chairman Davis reopened the public hearing for PZ 2004-04 and asked the
applicant, Ted Brooks, to come forward.
Mr. Brooks, 1905 Central Dr., Bedford, is currently contracted to purchase and
develop these lots, but he is not yet the owner. He stated that he has reworked
this plan to try to incorporate the requests by P&Z, City staff and the Nob Hill
neighbors. He is going to try to work with the existing topography, leaving as
many of the trees as possible on the property. He stated that they have also
increased the lot sizes.
Sharon Smith, 1905 Central Drive, Bedford, is a real estate attorney. She stated
that she is related to the developer and she will also be involved with this project.
She stated that it is her intent to live in this subdivision. She believes this is one
of the best uses of this property and that it will be a high end product.
There were none others wishing to speak in favor.
Michelle Foster, 9125 Nob Hill Dr., stated that she is a member of the Woodland
Oaks Homeowners Association. She stated that she has met with Ted and his
sister, Sharon, as well as two other association members to go over this plan.
She believes this plan is much improved over the previous plan. She believes
the zoning change is putting the cart before the horse and she would like to see a
continuance rather than approval this evening because Lot 18R is directly behind
Lots 2, 3 and part of 4 and belongs in the Woodland Oaks Homeowners
Association. She stated that Ted wants to have his own homeowners
association. Her other concern is the extension of the wall off of Precinct Line at
the entrance of the subdivision. It is a short wall compared to the south side and
she would like to see that wall continued on to the north with the same kind of
material that currently exists. She wondered if Mr. Brooks sold the development
to someone else would they be tied to this plat.
Chairman Davis stated that if this plat is approved and filed then the new owner
would be tied to that plat. However, the new owner could replat.
Ms. Foster asked if the Fire Department had approved this plan. Chairman Davis
explained that this plan was reviewed by Public Works and the Fire Department
and they have signed off on it.
Kent Davis, 6817 Nob Hill Dr., stated that this plan is not in compliance with the
Comprehensive Land Use Plan. Even though Ms. Smith believes that this may
be the best use of the property, Mr. Davis stated that he is glad she is a real
estate attorney because there are some serious deed restriction issues with
regard to Lot 18 at Woodland Oaks and the exchange of those properties and
approval by the homeowners association. Mr. Davis stated that he doesn't
represent them and he is not in the homeowners association. He stated that he
and Mr. Barfield have their own subdivision at the end of the street. He is
concerned about changing the rules in the middle of a plan. He stated that if the
Comp Plan has something tagged for office and a switch in gears takes it to
residential, he is concerned about what stops that from happening again in the
future. He believes the developer has done an outstanding job of addressing the
concerns of his neighbors and that the P&Z Commission has shown great
patience with this matter throughout the last year. As a citizen and a practicing
attorney in the City, he believes the Comprehensive Land Use Plan should be
followed.
The Chairman closed the public hearing.
Mr. Sapp, seconded by Mr. Bowen, motioned to approve PZ 2004-04. The
motion was approved unanimously (7-0).
Mr. Schopper commented that different properties evolve in different ways and
he would have a problem with this property not following the Comprehensive
Land Use Plan if this property abutted office to the south, but it abuts residential
so he isn't opposed to this change.
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: ZC 2004-04
BH CH GA LLC
9200 Nob Hill Drive (Tract "A" 2.145 Acres in the T. K. Martin
Survey, Abstract 1055)
You are receiving this notice because you are a property owner of record within 200
feet of the above property.
Purpose of Public HearinQ:
To consider a request from BH CH GA LLC to rezone the above property from "AG"
Agriculture District to "R-2" Residential District. The applicant intends to combine this tract
with adjacent property to develop a single family residential subdivision. This request has
been recommended for approval by the Planning and Zoning Commission.
Public HearinQ Schedule:
Public Hearing Date:
CITY COUNCIL
MONDAY, SEPTEMBER 13, 2004
7:00 P.M.
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Time:
Location:
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817)427-6303
David Barfield
6821 Noh Hill Dr.
Ft. VVorth, ~ 76180
Paul etux Tonya Littlejohn
6809 Nob Hill Ct.
N. Richland Hills, TX 76180
Mohammed Bhatti
501 Sophie Ln.
Colleyville, TX 76034
Jerry etux Judy Moore
9121 Nob Hill Dr.
N. Richland Hills, TX 76180
City of Hurst
1505 Precinct Line Rd.
Hurst, TX 76054
Gigi A. Lee
6929 Precinct Line Rd.
Ft. VVorth, TX 76180
D Kent etux Lisa Davis
6817 Noh Hill Dr.
Ft. VVorth, TX 76180
Ronald L. etux Jeanne Lueck
3821 Diamond Loch E.
Ft. VVorth, TX 76180
Fantastic Development LLC
P.O. Box 14707
Haltom City, TX 76117
Mohammed Bhatti
P.O. Box 299017
Lewisville, TX 75029
Mark Fields
6800 Nob Hill Ct.
Ft. VVorth, TX 76180
Michelle Foster
9125 Nob Hill Dr.
N. Richland Bills, TX 76180
Woodland Oaks BOA, Inc.
8701 Bedford Euless Rd.
Hurst, TX 76053
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
'Council Meeting Date: 9/13/04
'''-..
Subject: Public Hearing and Consideration of a ReQuest from J&J Agenda Number. ZC 2004-05
NRH 100 FLP for a Zoning Change from "C-2" Commercial District to "R-2" Residential District
(Located in the 7900-8000 Block of North Tarrant Parkway - 5.619 acres) - Ordinance No. 2799
Case Summary: The applicant is proposing to combine this tract with adjacent property
(already zoned "R-2") to develop a 22-lot single family subdivision.
Subdivision Plat Status: A preliminary plat for this site (ref. PP 2004-03 Forest Glenn
West Phase III Addition) was approved by the Planning and Zoning Commission on August
19th of this year.
Existing Land Use/Site Attributes: The site is relatively flat with mostly grass as
vegetation. A small tributary of Little Bear Creek forms the southern and western boundaries
of the site.
Thoroughfare Plan: The site fronts (less than 100') North Tarrant Parkway, a proposed 6-
lane, divided, principal arterial with 200' of ROW.
\
'---.
Comprehensive Plan: The Comprehensive Plan depicts retail uses for the site. The
proposed residential use is not consistent with the Plan. The existing zoning pattern in this
area does not relate well to the current street pattern. As a result, the subject site is situated
between an existing residentially-zoned tract (to the north) and the Little Bear Creek
Floodplain (to the south and west) with less than 100' of frontage onto North Tarrant Parkway.
This configuration and lack of sufficient street frontage is not conducive to commercial
development. The proposed combining of this tract with adjacent properties for residential
devélopment is a preferable alternative.
Adjacent Zoning I Land Use:
North: "C-2" / Vacant
East: "R-2" I Single family residences
South: "C-2" I Vacant
West: "C-2" I Vacant, Construction vehicle storage
Finance Review
Account Number
Sufficient Funds Available
Finance Director
'-.-
--
~L~
ZC 2004-05 Forest Glenn East III CC
CITY OF
NORTH RICHLAND HILLS
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on August 19, 2004, recommended approval of ZC 2004-05 by a
vote of 7-0.
Staff Recommendation: Approve Ordinance No. 2799
Review Schedule:
Application: 6/16/04 Final Hearing: 9/13/04 Total Review Time: 13 weeks·
* This zoning request was revìewed concurrently with a preliminary plat request accounting for the time required for
approval.
'--..
'-.-
2
ORDINANCE NO. 2799
ZONING CASE PZ 2004-05
4
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING A 5.619 ACRE TRACT
OF PROPERTY FROM C2 (COMMERCIAL) TO R-2 (RESIDENTIAL)
ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
6
8
10
12
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
14
16
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
[8
20
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the
zone change; and,
22
24
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens ofthe City of North Richland
Hills; NOW, THEREFORE,
26
28
30
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
~Î
.J~
Section 1 :
THA T the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by
rezoning a 5.619 acre tract ofland located in the 7900-8000 Block of North
Tarrant Parkway in the City of North Richland Hills, Tarrant County, Texas,
more particularly described on Exhibit "A" hereto, from C2 Commercial to R-2
Residential zoning.
34
36
38
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
40
42
Ordinance No. 2799
Page I of 2
2
Section 3 :
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
4
6
Section 4:
This ordinance shall be in full force and effect immediately after passage.
8
AND IT IS SO ORDAINED.
10
PASSED on this 13th day of September, 2004.
12
CITY OF NORTH RICHLAND HILLS
14
[6
By:
Oscar Trevino, Mayor
18
ATTEST:
20
22
Patricia Hutson, City Secretary
24
APPROVED AS TO FORM AND LEGALITY:
26
28
George A. Staples, Attorney
30
APPROVED AS TO CONTENT:
,')
.)-
34
Department Head
36
Ordinance No. 2799
Page 2 of 2
~\
\
II ~ I r ·ILLrm~'i 'II i r~I·1 I liT ~~I!
! III I (II II II I ! II f- t .' I I ,I t=1 ~ I
þÇ I I ' ~j:~:ê- \ >~
" I ~= ~ y~
~ I - ,III ~- ~ ~
- ~~/ - J
~. y ~ - 1
- y->-: /\~ I, _KJ
~ ~¿Ø?~~~~ . .~~~~:..
___ ~ ~l \\~I
~ '-~ ~
3D ~
,~
-\}jJ
vi
200' BUFFER T
\ííTTI
E~
~~
§ ãIEE
~
E¡-
.I--¡
~~
~
~~ ~
-
N
+
NRH
Z 2004-05
RE-ZONING
8000 BLOCK NORTH TARRANT PKWY
5.619 ACRES OF THE S. RICHARDSON SURVEY A-1266
FROM "C2" COMMERCIA.L TO "R2" RESIDENTIA.L
Prepared by Planning 07/29/04
010elOO 400 600 800 1,000
- - Feet
ZC 2004-05
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J&J NRH
100 FLP FOR A ZONING CHANGE FROM "C-2" COMMERCIAL DISTRICT TO
"R-2" RESIDENTIAL DISTRICT (LOCATED IN THE 7900-8000 BLOCK OF
NORTH TARRANT PARKWAY - 5.619 ACRES).
APPROVED
Mr. Green noted that this is another rezoning and plat. The developer plans to
plat the tract into 22 residential lots. A triangular-shaped area of this acreage,
that has the most frontage on North Tarrant Parkway, is already zoned "R-2"
Residential. The applicant wishes to take the remaining portion of the acreage
from "AG" agricultural to "R-2" Residential. This tract is bounded on the west and
south by the Little Bear Creek Corridor. It is designated "Retail" on the
Comprehensive Plan and from staff's perspective that designation does not
relate to the adjacent street system. If that designation were to happen, this
piece of land would be an island surrounded by residential. Staff agrees with the
developer's intent in this case and recommends approval of the case.
The Chairman opened the public hearing. The engineer, Mark Long, 1615
Precinct Line Road, was present representing the applicant. There was no one
wishing to speak and the Chairman closed the public hearing.
Mr. Shiflet motioned to approve ZC 2004-05, seconded by Mr. Bowen. Mr.
Bowen noted that a letter was received from Mr. and Mrs. Charlie Lofink,
8120 Vinewood Dr., in favor of this request although Mr. & Mrs. Lofink
would prefer the field to remain untouched. The Chairman called for the
vote and the motion passed unanimously (7-0).
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICH LAND HILLS
CITY COUNCIL
CASE #: ZC 2004-05
J & J Family Partnership/John Barfield G.P.
7900-8000 Block of North Tarrant Parkway (Being a 5.619 Acre
Portion of Tract 2A3A of the S. Richardson Survey Abstract
1266)
You are receiving this notice because you are a property owner of record within 200
feet of the above property.
Purpose of Public HearinQ:
To consider a request from J & J Family Partnership/John Barfield G.P. to rezone the above
property from "C-2" Commercial District to "R-2" Residential District. The applicant intends to
combine this tract with adjacent property to develop a single family residential subdivision.
This request has been recommended for approval by the Planning and Zoning Commission.
Public Hearina Schedule:
Public Hearing Date:
CITY COUNCIL
MONDAY, SEPTEMBER 13, 2004
7:00 P.M.
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Time:
Location:
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817)427-6303
Cole and Kelly Coulson
8125 Vine Wood Dr
North Richland Hills, TX 76180
Donald and Belinda Davis
8113 Vine Wood Dr
North Richland Hills, TX 76180
John and Kimberly Sissen
8108 Vine Wood Dr
North Richland Hills, TX 76180
Charles and Natalie Lofink
8120 Vine Wood Dr
North Richland Hills, TX 76180
Tim and Gwen Hasty
8132 Vine Wood Dr
North Richland Hills, TX 76180
bmy and Jennifer Medina
8144 Vine Wood Dr
North Richland Hills, TX 76180
J & J N RH 100 FLP
700 W Harwood Rd
Hurst, TX 76054
Brandon and Robin Hussing
8121 Vine Wood Dr
North Rich/and Hills, TX 76180
Stephen and Debra Daniel
8109 Vine Wood Dr
North Richland Hills, TX 76180
Michael McComber
8112 Vine Wood Dr
North Richland Hills, TX 76180
Ashraf Eshak
8124 Vine Wood Dr
North Richland Hills, TX 76180
Teresa McNeely
8136 Vine Wood Dr
North Richland Hills, TX 76180
Michael and Kelley Bucklew
8141 Vine Wood Dr
North Richland Hills, TX
Anna Erwin
8117 Vine Wood Dr
North Richland Hills, TX 76180
Kelly and Anglea Beard
8100 Vine Wood Dr
North Richland Hills, TX 76180
Martin and Melissa Guldberg
8116 Vine Wood Dr
North Rich/and Hills, TX 76180
Richard and Ava Mills
8128 Vine Wood Dr
North Richland Hills, TX 76180
Marshall and Kathy Morgan
8140 Vine Wood Dr
North Richland Hills, TX 76180
Larry and Paula Weatherholt
8133 Vine Wood Dr
North Richland Hills, TX 76180
i~
;;
."r-~
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 9/13/04
Subject: Public Hearing and Consideration of an Ordinance Agenda Number: TR 2004-04
Amending the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, by
Defining and Restricting the Outside Storage and Use of Recreational Vehicles and Amending
Section 15-26( 15) Nuisances of the Code of Ordinances as attached as Ordinance No. 2800.
Summary: In October and November of last year, the City Council adopted Ordinance
Nos. 2749, 2751 and 2753 all of which delt with the parking and storage of recreational
vehicles and trailers in residential areas. Enforcement of these ordinances was delayed by
Council until May 1, 2004 so that the owners of recreational vehicles could make
arrangements to meet the new ordinance requirements.
Following the adoption of these regulations, a large number of recreational vehicle owners
attended several Council meetings to express their viewpoints concerning the new
regulations. In January, the Council passed Ordinance No. 2767 extending the beginning
of enforcement of these ordinances from May 1, 2004 to October 1, 2004. At that time, the
Council also directed staff to return the current ordinances back to the Planning and
Zoning Commission for additional public discussion and review. At the February 5th
Planning and Zoning Commission meeting, the Mayor addressed the Commission and
directed the Commission on behalf of the City Council to review the current ordinances
and seek revisions that were. in the best interest of the City as a whole.
Beginning at their March 4th meeting, the Commission has held a series of monthly public
hearings to solicit comment from citizens concerning these ordinances. Staff also
addressed the Commission on the status of the current ordinance~ review of other cities'
ordinances, and the legal basis for the ordinances. Since March 4 , the Commission has
held a total of 7 public hearings and has taken comment from a total of 28 citizens
concerning these ordinances.
As a result of these meetings and citizen's input, the staff developed two separate
ordinances for the Commission and Council to consider. Attached is proposed Ordinance
No. 2800. The purpose of this ordinance is to permit the location of recreational vehicles
in residentially-zoned areas with certain conditions. This proposed ordinance permits
existing recreational vehicles to remain parked or stored on residential lots as long as they
Finance Review
Source of Funds:
Bonds (GOIRev.)
Operating Budget
er
Account Number
Sufficient Funds Available
-
Finance Director
----~ ..
TR 2004-04 Revised Zonlna Ordinance for Recreational Vehicles
CITY OF
NORTH RICHLAND HILLS
{Ò.
i f,
do not violate existing regulations such as not being located on an improved surface or
extending over a sidewalk. The ordinance amends Section 665 Major Recreational
Equipment of the Zoning Ordinance by providing the following definitions and criteria:
· Definitions for recreational vehicles, front, side and rear yards, corner lot and
improved surface;
· No major recreational equipment may be used for living, sleeping, home occupation
or household purpose when parked on a residential lot;
· An exception is provided for those individuals that are not residents of the property
to use and park a recreational vehicle in the driveway or on an approved surface for
a period up to 16 consecutive days during any calendar year;
· No more than one recreational vehicle shall be allowed in the front yard of any
residence. The vehicle must be parked in the driveway or on an improved surface
and at right angles to the street;
· One vehicle may be stored in a side yard if on an improved surface;
· More than one v~hicle may be stored in the rear yard if either on an improved
surface large enough to accommodate the vehicle(s) or screened from public view
by a solid fence at least six feet in height;
· Recreational vehicles are exempt from Section 15-26 of the Nuisance Ordinance
which requires vehicles in the rear yard of a residence to be parked on an improved
surface and screened by a 6' solid screen. This section was added to the proposed
ordinance by staff after the Planning and Zoning Commission's recommendation so
as to avoid any conflict with the enforcement of this ordinance and the Nuisance
Ordinance.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on August 19, 2004, recommended approval of TR 2004-04
by a vote of 7-0.
Recommendation: Approval of Ordinance No. 2800 as amended by staff.
'--
2
ORDINANCE NO. 2800
8
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY
DEFINING AND RESTRICTING THE OUTSIDE STORAGE AND USE OF
RECREATIONAL VEHICLES; ESTABLISHING RESTRICTIONS ON
OUTSIDE STORAGE OF OTHER ITEMS; AMENDING SECTION 15-26(15)
OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES;
PROVIDING FOR REPEAL OF CONFLICTING REGULATIONS;
PROVIDING A SAVINGS CLAUSE; ESTABLISHING A PENALTY;
PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
4
6
10
12
14
WHEREAS, the City Council has received the recommendations of the Planning and
16 Zoning Commission concerning the matters herein dealt with, which
recommendations were made after the holding of a public hearing before
18 said Commission on such matters; and
20 WHEREAS, notice has been published of the time and place of a public hearing held
before the City Council concerning the changes herein made, which public
22 hearing has been duly held; and,
24 WHEREAS, the City Council has determined that the amendment to the Comprehensive
Zoning Ordinance herein made is in the best interest of the health, safety and
26 general welfare of the citizens of the City of North Rich1and Hills; NOW,
THEREFORE,
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
30 RICHLAND HILLS, TEXAS:
32
Section 1:
THAT Section 665 of the North Richland Hills Zoning Ordinance, being
Ordinance 1874, is hereby amended to read as follows:
34
"ARTICLE 6. SUPPLEMENTARY DISTRICT REGULATIONS
36
38
Sec. 665. Major Recreational Equipment
40
A. Definitions.
42
1. Recreational Vehicle - a vehicle designed and used primarily for
44 recreational purposes. A recreational vehicle shall include, but not be limited to, a motor
Page 1 of 4
Ordinance No. 2800
2 home, a trailer with living accommodations, a camper, a boat, a trailer, jet ski, four wheeler,
fifth wheel trailer, animal carrier trailer, or camper shell or top.
4
2. Front yard - the area extending across the front of a lot from one side
6 property line to the other side property line and between the front of the main building or
structure and the front property line.
8
3. Side yard - The area between the side of the main building or
10 structure and the closest side property line.
12 4. Rear yard - the area extending across the rear of a lot from one side
property line to the other side property line and between the rear of the main building or
14 structure and the rear lot line.
16 5. Corner lot - a property located at the intersection or confluence of
two or more streets where public street rights-of-way are adjacent to at least two connected
18 sides of the lot.
20 6. Improved surface - concrete, asphalt or concrete paver surface
meeting the standards as established by the Director of Public Works.
22
B. Except as allowed by C hereof, no major recreational equipment shall be
24 used for living, sleeping, home occupation, or household purposes when parked or stored on
a residential lot, or in any other location not permitted for such use.
26
C. A person or persons who are not residents of the property may use a
28 recreational vehicle lawfully parked in a driveway of property zoned and developed limited
to residential use for up to sixteen (16) consecutive days in any calendar year.
30
D. Except as allowed by C. above, no more than one recreational vehicle shall
32 be allowed in the front yard of any residence. Such vehicle shall only be allowed on a
driveway or an improved surface and shall only be allowed if parked at right angles to the
34 street on which the residence fronts.
36 E. Except for recreational vehicles located as permitted by D hereof,
recreational vehicles shall not be allowed between the closest point of the residence and the
38 street on which such residence fronts.
40 F. Up to one recreational vehicle may be stored III one side yard if on an
improved surface.
42
I Ordinance No.
Page 2 of 4
I W:\NRH\GeneralIOrdinances-CompletedIRec Vehicle Storage 2800. wpd
I
1\
i I
10
12
14
16
20
2
G. Recreational vehicles may be stored in rear yards if either on an improved
surface large enough to accommodate such vehicles or screened ITom public view by a solid
fence at least six (6) feet in height."
4
6
THAT Section 15-26(15) of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
Section 2:
8
"Sec. 15-26. Specific Nuisances.
(15) The parking, standing or storage of any vehicle other than a recreational
vehicle as defined by Section 665 of the North Richland Hills Zoning
Ordinance in the yard with the exception of R -1 S zoning rear yard adj acent
to a street of residentially zoned or residentially used property.
18
Exception: A vehicle may be parked or stored in the front yard, rear yard,
side yard adjacent to a street or side yard provided it is parked on a hard
paved surface of concrete or asphalt not less than nine (9) feet by eighteen
feet (18), or at least of sufficient size to accommodate the horizontal area
projected by the extreme limits of the vehicle. A vehicle may be parked or
stored in the side yard, side yard adj acent to a street or rear yard provided it
is screened from public view by not less than a six (6) foot tall solid fence.
22
24
26
All parking spaces constructed for the purpose of abating this nuisance shall
be constructed with a driveway adjoining an existing on-site driveway or
with a driveway and approach adjoining a public right-of-way.
28
30
"
32
All other ordinances, or parts of ordinances in conflict herewith are hereby
repealed to the extent that they conflict herewith. All words, clauses,
sections and phrases of such ordinances not in conflict herewith are hereby
saved from repeal.
Section 3:
34
36
38 Section 4:
40 I'
I
42 !
"44
All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
affecting health and safety which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
Page 3 of4
Ordinance No. 2800
I
I.
II
¡\
! I
'I
I
i
10
12
2
Any person, firm or corporation violating any provision ofthis ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof
fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each
day any such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 5:
4
6
8
This ordinance shall be in full force and effect immediately upon passage.
Section 6:
AND IT IS SO ORDAINED.
PASSED on this 13th day of September, 2004.
14
CITY OF NORTH RlCHLAND HILLS
16
18
By:
20 Oscar Trevino, Mayor
22 ATTEST:
24
26 Patricia Hutson, City Secretary
28
30
32
34 APPROVED AS TO CONTENT:
36
38 Department Head
Ordinance No.
Page 4 of 4
W:\NRH\General\Ordinanees-CompletedlRee Vehiele Storage 2800. wpd
I!
Ii
II
TR 2004-04
PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, BY DEFINING AND RESTRICTING THE OUTSIDE
STORAGE AND USE OF RECREATIONAL VEHICLES AND REPEALING
SECTION 15-26(15) OF THE CODE OF ORDINANCES.
APPROVED
Dave Green reviewed the two ordinances. He explained that in October 2003
the City Council adopted a regulation that became known as the RV Ordinance
which regulated the location of recreational vehicles on residentially zoned
property - where they could be parked and stored in residential neighborhoods.
That ordinance, and an additional one passed by the City Council, met with
opposition and in February 2004 the City Council returned those ordinances to
the Planning and Zoning Commission for further study. Since February, the P&Z
Commission has had public hearings once a month to consider these issues.
These two ordinances are the culmination of these efforts. Ordinance A refers to
changes that will be made to the Zoning Ordinance. Ordinance B refers to
changes that will be made to the Code of Ordinances of the City of North
Richland Hills.
Mr. Staples made a couple of distinctions. A zoning ordinance has a different
impact than other types of ordinances, the most important of which is the concept
of nonconforming uses. Nonconforming use is often referred to as a grandfather
clause. If there is a use that was legal at the time it started, in other words, for
instance, the City had ordinances in place that said recreational vehicles were
allowed as long as they were parked on an improved surface, and then that
ordinance is changed like what is being done in this case where the zoning
ordinance is being changed, those uses that were already established may
continue. That is the difference between a zoning amendment and an
amendment to another ordinance, such as setbacks from the street.
Mr. Staples also explained that under the existing ordinances, a recreational
vehicle cannot be used for someone to live in. That is specifically prohibited in
the zoning ordinance.
The latest version of Ordinance A is entitled "Ordinance A Revision" and Mr.
Green took the Commission and audience through a PowerPoint presentation of
Ordinance A.
Mr. Schopper commented to the audience that Ordinance A is the zoning
ordinance which means that any RV legally parked now will be legal under this
ordinance. He suggested the audience save their "powder" for Ordinance B.
Mr. Sapp wondered how it would be known if an RV existed at a residence prior
to the passage of this ordinance. Mr. Staples explained that a registration
process will be established. Citizens can register their RV if they want to and it
will be presumed that those are established. Anyone who doesn't register can
still prove they are a nonconforming use, but a registration process is normally
used to establish non-conforming uses. Chairman Davis asked if there would be
a cost for registration. Mr. Staples stated that it is hoped that it will be free.
Mr. Green explained Ordinance B to the Commission and audience. Mr. Staples
added that Ordinance B repeals all of the ordinances that were passed last year
concerning recreational vehicles.
Mr. Schopper commented that Mr. Green referred to a 50-ft. street right-of-way.
He explained that if a citizen got out a tape measurer and measured the street
he/she would find the street is 31 feet wide, which leaves 19-ft. left over and 9-
1/2 ft. are placed on each side of the street. That property is owned by the City.
The developer dedicated that 50-ft. to the City at the time of platting. That's
where the utilities go and that's where the outer edge of the sidewalks are right
along the edge of that 50-ft. of right-of-way. In older sections of the City, a lot of
the streets were cut out by metes and bounds or by survey boundary calls, so the
right-of-way may only be as wide as how wide the street is. In those cases, in
older parts of the neighborhood, your property line might come right up to the
street and then there is an easement that comes back from the street where
utilities and sidewalks are, so depending on what part of town you live in, that
property might actually be your property. This is the same argument, but
different terms.
Mr. Curtis then gave a PowerPoint presentation of street widths, property lines,
varying lot widths and visibility triangles.
Mr. Bowen asked if the building setback is measured from the 9-1/2 ft. or from
the curb. Mr. Curtis responded that it is measured from the 9-1/2 ft. For
instance, if there is a 20-ft. building setback line, then the building is 29-1/2 ft.
from the curb.
Chairman Davis reviewed the rules for public testimony and then opened the
public hearings for TR 2004-04 and TR 2005-05.
Bill Ernst, 5428 Roberta Dr., thanked the board for sending out copies of
Ordinance A and 8 to citizens. He spoke in favor of Ordinance A. He stated that
he has problems with Ordinance B. Most people have two car garages but only
one car is kept in the garage and the rest is used as storage. In the case of
families with four cars, one is going in the garage and three have to sit in the
driveway. He commented that three cars are not going to fit in a driveway inside
9-1/2 ft. back from the curb which will force cars to use the street for parking. He
also wanted to know if he would be required to replace his chain link fence
around his backyard where his boat is parked on an improved surface.
Chairman Davis answered "no" - he explained that the boat must be parked on
an improved surface or behind a 6-ft. fence.
B. R. Jackson, asked for clarification of "household purposes" listed in "B" of
Ordinance A. He also commented that during a recent electrical outage he would
have lost everything from his refrigerator if he hadn't had the use of the RV. He
stated that he lived in the RV until the electricity was restored. Mr. Bowen
responded that the recent electrical outage was due to a bad storm which was an
exceptional case and he believes staff would not be unreasonable during
exceptional situations. Mr. Bowen stated that the intent of this ordinance is to
keep someone from living in a motor home permanently, for instance, a son or
daughter who wanted to live in the RV rather than in the house. Mr. Jackson
suggested that "except in the case of an emergency" should be added to the
ordinance. The Commission discussed that suggestion but found it difficult to
define "emergency". Chairman Davis stated that every line could be picked apart
and a hundred more "what ifs" could come up, but he believes that there has to
be trust that common sense will be used when determining the intent of the
ordinance.
Mr. Jackson also commented that in Ordinance B the standard for 9-1/2 ft. is
listed for street intersections and driveways rather than for residential streets.
Chairman Davis responded that if the standard is good for a commercial
driveway it would also be good for a residential driveway.
Mr. Jackson stated that he has a 5th wheel that would extend into the 9-1/2 ft.,
but it would be possible to see under it from both directions. Chairman Davis
stated that with the way the ordinance is currently written, nothing would be
allowed in the 9-1/2 ft.
Mike Kirkwood, 7812 Owen Dr., stated that most of the people in attendance at
this meeting are against this ordinance and the process seems to have moved
past the point of allowing people a say in this ordinance. He stated that he
doesn't have an RV, but he is here because "what's right is right and what's
wrong is wrong." He stated that he has lived in North Richland Hills for 20 years
and he chose not to live in a gated community or a community with a
homeowners association because he doesn't like these kinds of rules. He stated
that the stopping distances in the State of Texas books are more reasonable
than what was presented at this meeting. He questioned the accuracy of the
"stopping" and "line of sight" information presented at this meeting. He stated
that he has three children who are driving and that most driveways will not
accommodate more than 2 cars in the driveway. He asked if anyone has done a
survey of line of sight and how safe it will be with all of these cars parked on the
street instead of in driveways. He asked the Commission members to drive
down Janetta when they leave this meeting to see how difficult it is to drive down
a street that has cars parked on both sides all along the street.
Mr. Kirkwood also asked if the RV ordinances were intentionally placed on the
agenda as the last two items. The Chairman responded that there was no intent
on the order of the agenda.
Mr. Sapp stated that current City ordinances require every residence to have
parking places for at least four automobiles, two of which must be enclosed. He
stated that if two cars do not fit into a garage that is a personal choice made by
the people who live there.
Ms. Stout stated that Chapter 16 of the traffic ordinance states that a vehicle
cannot be parked in the street longer than 24 hours.
Don Lewis, 7708 Turner, stated this his main objection to this ordinance is that
he keeps his motor home in his widened driveway and a boat in the other
driveway and this takes that right away from him. He can only have one now. In
addition, it was not illegal to park in the 9-1/2 ft. unless it blocked a sidewalk and
he feels there have not been any accidents caused by that. He has paid taxes in
this City since 1958 and he doesn't want rights taken away from him that he has
had for a long time.
Mr. Bowen explained that Mr. Lewis will be able to register his motor home and
boat and become a non-conforming use.
Denise Llewellyn, 7337 Timberidge, asked for an explanation of where the 9-1/2
ft. is measured. The Chairman explained that it is from the back of the curb
towards the house. Ms. Llewellyn asked if height matters and she was told that it
does not. She stated that her 5th wheel won't meet those standards so she will
have to store it. She was told that she could put it on the rear or side if
accessible. Ms. Llewellyn said that she has a 6-year old and that their vacation
is to go 5th wheeling. She buys a State Park Pass for $50 a year. RV storage
will cost her $45 to $80 per month and those storage costs will exceed her
camping budget per month which will take away from her family. Her family
makes less than $60,000 a year. Ms. Llewellyn also mentioned the loss of her
son in a traffic accident on Rufe Snow last year; the pole that he hit is now less
than 2-ft. from the street and she doesn't see the City doing anything about that
which she considers just as much a hazard because of the speed of drivers on
that road.
Maury Siskel, 4516 Cummings Dr., would like to see traffic analysis that shows
how many accidents have occurred between someone backing out of a driveway
and another vehicle coming down the street. He stated that measures of
performance, not philosophy, are needed.
Kerry West, 7605 Woodhaven Dr., doesn't understand the logic of Ordinance B.
He feels the AASHTO (American Association of State Highway and
Transportation Officials) data presented by Public Works is an obscure
engineering standard that no one has heard of. He stated that the ordinance's
intent is to provide streets clear of obstructions but the ordinance is going to
create a street full of obstructions. He can't park his pickup truck in his driveway
anymore according to the ordinance but he can park it in the street. He is sure
that his truck in the street will create a greater line of sight obstacle than if it were
parked in his driveway. He also is concerned with someone driving into it. It
seems to him that it is safer for everybody if it is in his driveway on his property.
He stated that any parking space in any parking lot is going to have sight issues.
If safety is a real concern that there are many other issues to address in addition
to this issue. Although this Commission isn't charged with enforcement of these
ordinances, Mr. West feels that the Commission must plan for enforcement since
they are the ones writing the ordinance. He stated that he was surprised to find
that the first 9-1/2 ft. of his yard is City property and he would like to let the City
know that they need to come mow their 9-1/2 ft. and that they have a crack in
their driveway.
Frank Dixon, 4204 Keeter Dr., stated that he was unhappy with the ordinances
passed by City Council and he appreciates the work done by the P&Z
Commission but he doesn't understand why the ordinances are needed. He
would like to know if the issue is safety or beautification. He stated that earlier it
was about beauty but then safety was added. He doesn't see a safety problem.
He stated that the big shrubs at the end of his street are a safety problem. He
doesn't own an RV. His neighbor owns an RV. When Mr. Dixon pulls out of his
driveway, he knows that the neighbor's RV is there and he takes his time pulling
out. Mr. Dixon stated that every street has vehicles parked more than 24 hours
and he doesn't understand how that will be enforced. He also feels the fines are
too high. He stated that the 9-1/2 ft. belongs to him, not the City. He would like
to see the whole thing scrapped.
Wayne DeWitt, 6800 Fair Meadows Dr., has a 30-ft. motor home and a $3,500
accessory on the side of it so he can get his wife into the motor home. She has
multiple sclerosis and is unable to stand by herself. This ordinance will eliminate
his possibility of having his motor home in his driveway. She cannot take him
over to get the motor home if it is parked offsite. He paid $6,500 medications last
year and another $1,500 for supplies. If the 9-1/2 ft. regulation is passed he will
have to move his motor home someplace else with money he cannot afford. The
only way they can travel any distance is with the motor home. They have a
handicapped equipped van to drive around town. His motor home would be
grandfathered under one ordinance but not under the other which he feels is
absurd. He also feels the fines are absurd. He also stated that there has been a
motor home parked in the street near his house for several years.
Mary Coe, 7717 Briarcliff Court, is against the ordinances but did not wish.
Patricia Christopher, 6708 Tabor, stated that she appreciates the Commission's
patience. She stated that she can walk under the neck of the 5th wheel so
anybody sitting in a car would be able to see. She wondered if a variance could
be put into that section for that type of vehicle. She doesn't own a 5th wheel but
she has company who has one. She also would like to see visitors able to stay
for a month. Chairman Davis explained that a thought process was given to the
amount that a visitor could stay. Seven seemed too short, 16 allows two weeks
plus a weekend. There are exceptions to every point, but 16 days seemed a
good compromise.
Suzette Christopher, 4800 Holiday Lane, stated that her big concern is with the
9-1/2 ft. rule. She does not wish to see that just for RV's. She would like to see
that apply to every type of vehicle which would make it unenforceable. It needs
to be for everybody or it needs to be revised. She presented statistics for line of
sight. For a Chevrolet Avalanche, an average size person has a blind spot of 30-
ft. behind them. If it is someone the size of her mother-in-law it would be 50-ft.
The data is from Consumer Reports. On a smaller car like a Honda Civic, for an
average size driver there is a 12-ft. blind spot. For a Chevrolet Silverado 1500,
the blind spot is 22-ft. 6-inches. For a Sedona minivan, it is 18-ft. 1-inch. There
are blind spots involving RV's and other vehicles and she stated that she has
three pages of different vehicles and their blind spots. She also wanted to point
out that RV owners utilize one of the safest methods of parking vehicles. She
stated that it is the only approved method that the United States Post Office uses
-- backing into a parking spot so that they can see fully when pulling out. She
stated that she is the president of the North Richland Hills citizens group and is
speaking on their behalf that if the Council passes the ordinance with 9-1/2 ft.
they will be standing at the door with referendum petitions because she feels that
to take the 9-1/2 ft. just because you can isn't right.
Mr. Shiflet commented that when he said he didn't have the statistics he was
referring to accident data from vehicles backing out of driveways.
Suzette Christopher stated that she has that data. She said that year-to-date
2004 there were 246 incidents, involved 321 children and 75 fatalities. She has
data going back to 1999. She stated that this data is for the United States for
accidents backing out of driveways. She stated that not one of these statistics
was caused by an RV. She stated that the largest contributing factors were the
larger SUV's, pickups, and minivans. She mentioned the website
"kidsincars.org" for information.
Ms. Christopher stated that the data for 2003 is 571 incidents, 697 children
involved (under 14 years of age), 176 fatalities.
Ms. Christopher stated that if there is a vehicle parked on the curb, the line of
sight will be worse than if the vehicle is parked in the driveway. She doesn't
believe the 9-1/2 ft. requirement comes in under the issue of safety. She stated
that accidents with fatalities happen if the vehicle is parked within 9-1/2 ft. or not.
She stated that she believes what needs to be exercised is care when pulling out
of a driveway.
Mr. Wood stated that the data that is needed is whether or not these accidents,
involving children, were because the driver of the vehicle backing out couldn't
see because x was in the way. What is x? Is it a trailer, bushes, or a vehicle
parked on the street?
Chairman Davis stated that another factor to consider is that in the data given by
Public Works, the speed was at 25 and 30 mph and unfortunately most people
don't drive that slow on residential streets.
Mr. Sapp asked for a copy of the data and Ms. Christopher referred him to the
kidsincars website.
Bob Barrett, 5517 Susan Lee Lane, stated that if he parks his RV in his driveway
and then his relatives come to visit, he will be in violation of "0" in Ordinance A.
The Chairman recommended amending "D" to include at the end of the first
sentence "except as allowed in Section C above". Discussion revolved around
Mr. Barrett's corner lot and whether or not a problem existed for him to be at right
angles to the street. The Commission stated that he did not have a problem with
his front yard as defined in this ordinance. The Chairman encouraged Mr. Barrett
to register his RV and it was hoped that the registration procedures would be in
place prior to the City Council meeting on September 13. Mr. Barrett also stated
that he asked a former City Council person to tell him of even one incident of a
parked RV causing an accident and the Council person could not give him an
example. Regarding aesthetics, what's next?
Johnny Dodds, 5213 Cloyce Ct., asked if "no vehicle within 9-1/2 ft. of the curb"
means that no one can park on the street. Chairman Davis stated that a vehicle
can be parked on the street no more than 24 hours at a time. Mr. Dodds stated
that he doesn't have an RV but his neighbor does and his neighbor brought this
to his attention because the neighbor had a problem with the City passing this
without the knowledge of the people.
Mr. Bowen replied that there were several public hearings with this Commission
and the Council. It was not passed in secret.
Mr. Dodds felt that by the time it was passed there was nothing that the public
could do about it. He said that what they did do was form an organization that
removed some of the City Council people. He feels that these ordinances will
force most people to move their vehicles, that the revisions won't do anything but
let one or two keep their vehicles since most people's driveways are not long
enough to let a camper or RV sit in it within the 9-1/2 ft. "The City has
accomplished what they wanted to do anyway by getting rid of the vehicles." Mr.
Dodds stated that he isn't sure he wants to retire here because of the way things
are going.
Gini Parsons, 7701 Turner Dr., gave the Latin term and definition for easement.
She stated that she didn't realize that the City had a 9-1/2 ft. easement in front of
her house. She found that her deed expressly states that the street dedication is
50-ft. with easements for utilities and a 10-ft. building line. She is bothered by
using the uniform measurement of 9-1/2 ft. for a vehicle setback from the curb
since there are streets beyond the typical 31-ft. curb-to-curb so the 9-1/2 ft.
easement of the property owned by the City doesn't exist. She stated that if this
issue is truly safety driven the amount of setback should be applicable to all
vehicles and not prejudicially applied.
Chairman Davis asked if she had a recommendation as to what that distance
should be? The Chairman speculated that 95% of all lots platted in North
Richland Hills have a 9-1/2 ft. parkway.
Ms. Parsons stated that the Commission and the audience are tired and she
recommended that all parties sleep on the 9-1/2 ft. matter.
Mr. Wood asked Ms. Parsons if she was ok with Ordinance A. She stated that
she was ok with Ordinance A. Mr. Wood commented to a previous speaker, Mr.
Dodd, that a vote hasn't been taken yet and the Commission isn't trying to sneak
anything by anyone, in fact that's the purpose of having everyone here.
Ms. Parsons stated that she can see tension starting to build.
Chairman Davis commented that the Commission has had a lot of testimony for a
long time because it was expected of the Commission because citizens deserve
that. The Commission came into this issue with their eyes and ears open. There
were no preconceivéânótiónsor ideas. Chairman Davisstaìeathãfne learned
more about RV's in the last six months than he ever wanted to know, but he
hopes that will help him make a better decision as a Commissioner as a
recommendation is made to Council.
Herb Parsons, 7701 Turner Dr., stated that he is the vice president of the North
Richland Hills citizens group and that overall they have been pleased with the
way this has run. They like the open format and give and take. His fear is that
six months of hard work is about to be thrown away. When this issue began it
was about aesthetics and property values. He stated that when a ruckus was
raised then it turned to safety issues and the perception was that was an excuse
because no data was presented until the last meeting, which Mr. Parsons was
unable to attend, where a drawing came up with the 9-1/2 ft. As a group that has
been grabbed a hold of and become an issue. One side says it's going to be
kept and the other side says oh no your not and that's the issue that is going to
tear this whole thing up. The drawing showed a line of sight but what it didn't
show was what happens if you move it up two to four feet away from the curb.
The reality is if you restrict it where no vehicle can be within 9-1/2 ft. the citizens
of North Richland Hills are not going to stand for it. He has a 3D-ft. long boat
trailer in his driveway and he doesn't have a 4D-ft. driveway. Most RV's are 3D-ft.
long and most people won't be able to keep their RV's in their driveway if the 9-
1/2 ft. restriction is retained. What you have done is exactly what we had in
October and that is a ban on RV's. He stated that his group is not going to stand
for it. They don't want to see 6 months of cooperation go down the toilet and
they will be waiting out front with petitions for signatures for referendum on this.
Mr. Bowen said that he doesn't appreciate threats and would like to get back to
the issue. He isn't interested in petitions. The Chairman asked Mr. Parsons to
stay on the subject. Mr. Parsons stated that the subject is that they would hate to
see six months of work go down the toilet. Chairman Davis disagreed with Mr.
Parsons' statement that people could not own RV's. Chairman Davis stated that
the Commission has tried to hear what some of the issues and problems are and
there are many different scenarios, pictures, and measurements and nothing was
arbitrarily thought up and the objective was not to stop RV ownership. Mr.
Parsons responded that he didn't say that was the P&Z Commission's intention.
He said that he meant that it puts "us" back in October where there is a ban on
parking RV's in driveways and if the ordinance is passed with 9-1/2 ft. that will
effectively ban RV's and put "us" back where we were. He challenged the
Commission to find an RV that will fit within a driveway within being within the 9-
1/2 ft. Chairman Davis stated that they will still be allowed in the side or the rear.
Mr. Parsons stated that he lives on a corner lot and he can't put one on the side.
Mr. Sapp stated that an ordinance exists that does not allow RV's over a
sidewalk and virtually all sidewalks are 9-1/2 ft. from the curb.
Steve Cochran, 5113 Gibbons, asked if more than two cars can park in the
driveway. He stated that he has a boat and junk in the garage and he parks two
cars in the driveway and his son parks in the street. If he can't park in the street
anymore, then he'll have to be able to park in the driveway. Chairman Davis
explained that the son can park in the street provided that it isn't for longer than
24 hours. Mr. Cochran asked if he didn't park in the street, could he park in the
driveway. Chairman Davis responded that he could so long as he doesn't extend
to within 9-1/2 ft. of the curb.
Juanita Krug, 75D4 Mike Ct., stated that there is a 5-ft easement for utilities in the
back of the house. She asked if the City is going to take another 9-1/2 ft. in the
front. Mr. Sapp explained that the 9-1/2 ft. in the front of the house has always
been City right-of-way. Chairman Davis explained that the easement in the back
of the house is for electric, telephone and cable TV and that the 9-1/2 ft.
easement in the front of the house is for water, sewer, and in some subdivisions,
for natural gas. Ms. Krug stated that she doesn't have a sidewalk but she has a
long driveway. However, neighbors won't be able to park in their driveways if the
9-1/2 ft. distance is required.
Jo Cox, 7801 Redwood Ct., stated that the Commission has been faced with a
monumental task that no one can win. She stated that issues of safety,
aesthetics, and property rights have all been discussed, but that the issue of
community has not been discussed. She stated that North Richland Hills has
grown fantastically in the last 10-15 years. "We've become glued to our
computers. We go inside at night, we close the doors, we don't see the
neighbors; we have forgotten how to play with each other. We have forgotten
how to treat each other. I would appeal to your sense of community. I know you
can't please everyone. These people know you can't please everyone. You can't
make everyone happy. There's got to be some type of compromise that we can
come to, not just you, a compromise involves all parties. These people in the
audience are one side of the compromise. There has got to be some issue,
some way, that we can come to an agreement to keep this from becoming what it
is becoming and we all know what that is. It's becoming a very divisive issue in
our City. We all realize that. My objective, not as a Councilperson, but as a
resident of this City, would be to hope that we could come to that compromise. I
don't know what it is. It's kind of like King Solomon here, what do you do? Is
there a study that you can do? I don't want it to come to Council, I'll be honest
with you, not like it is, because I know that it's going to be one more thing that's
going to be such a divisive thing and quite frankly, I personally am tired of that
divisiveness. It was never my intent that that happen, but it has. There's got to
be a way to heal that."
Ms. Cole questioned where the compromise is - if there is no sidewalk and an
RV butts up against the eave of the house and is at the curb, you don't need a
study to know that even if you're parked next to that and you are backing out, you
have to get your car half way into the street to see around the RV. A study isn't
needed to know that's not safe.
Ms. Cox wondered what the problem would be with handling these on a case-by-
case basis. Does there have to be a blanket ordinance? She stated that in Ms.
Cole's example, that situation would then be a safety hazard and common sense
should be invoked to deal with that problem. "Common sense tells you that there
are some instances you are not going to be able to heal. Some people are going
to have to give it up in that instance, but don't blanket, don't throw a net over the
entire community."
Carolyn Keeling, 5000 Susan Lee Lane, stated that she has a small house with a
one-car garage, but they have four cars. She stated that they only use their
mobile home about four times a year. She believes RV's do not pose a safety
hazard as compared to other street hazards and obstructions. "Mobile homes
parked in their own driveways are not hurting anybody."
Herman Webb, 3540 Reeves, has lived in the City for 39 years. He is ok with
Ordinance A, but is not happy with the 9-1/2 ft. requirement in Ordinance B.
Nancy Bielik, 8009 Standley St., stated that she loves Ordinance A and that the
Commission did a great job with that. She urged the Commission not to pass B.
She asked the Commission to get the City's Police Department to give them
safety statistics on how many accidents have been caused by an RV parked in a
driveway. She urged citizens to find out if they have 9-1/2 ft. right-of-way on their
property. If there is not 9-1/2 ft. right-of-way there is a need to find out how much
money it will cost the City to do a taking of all of these pieces of property.
Parking in cul-de-sacs will become a problem if people have to park in the street
instead of in their driveway. Another consideration is how many other objects will
have to be moved out of the 9-1/2 ft. right-of-way, such as brick mailboxes,
shrubs, trees, and in her own 9-1/2 ft. right-of-way there is a 3-ft. diameter pine
tree that she has to look around every time she backs out. In other
neighborhoods it is 3 and 4-ft. square column brick mailboxes which cause blind
spots backing out. How many things will have to be eliminated from the right-of-
way? There was rumor several months back that the City may attempt to limit
the number of vehicles owned by each home. "We put that to rest; we said that's
not true." But if there is going to be a limit of how many cars can be parked on
the street for how long, and how many cars can be parked in the driveways for
how long, or how close to the street, are we not limiting that in some ways?
Mr. Sapp began to discuss the 'limiting of vehicles' issue but Chairman Davis
asked that discussion remain on topic.
Gene Caselman, 6640 Pleasant Ridge Dr., stated that he has three residences in
North Richland Hills and he wanted to know which house he should register. Mr.
Staples commented that it doesn't matter; he can park at any of them. Mr.
Caselman said that when this issue first came up he called every Councilman
and each one told him the reason for this is safety. He asked to be shown a
safety item. He stated that no Councilman could come up with a safety item. He
stated that now the issue is the 9-1/2 ft. He said that he can park four vehicles in
his driveway but they will be close to the curb. If he parks his motor home in his
driveway he would violate the 9-1/2 ft. If he puts two vehicles on the street and
his neighbor does the same, the fire trucks won't be able to get up and down the
street and a bigger problem has been created by taking the vehicles out of the
driveway and putting them on the street at night. Mr. Caselman also said that he
spoke to a City Councilman about if they forced even one person to take their RV
to a storage lot they were creating a bigger hazard than parking the RV in the
driveway.
J. W. Hudson, 7705 Ridgeway Ct., stated that the 9-1/2 ft. is unenforceable. He
stated that it will create a problem for the law enforcement of North Richland
Hills. They have other things to do. There are many other violations a lot worse
than that - cars parked the wrong way, facing the wrong way and parked on the
wrong side of the road, parking in turn lanes, bushes on corners that can't be
seen around so that you have to pull out into the middle of the road before you
can see - these things are a lot more dangerous than backing out of the
driveway. He stated that he drove semi trailers for a living and he knows the
danger of blind spots as well as anybody.
The Chairman asked if anyone else wished to speak. There were none and the
Chairman closed the public hearing.
The following citizens turned in cards but did not wish to speak:
James Krug, 7504 Mike Ct., against 2751 and 2753; TR 2004-04, TR 2004-05.
Norma Lewis, 7708 Turner St., against TR 2004-04; TR 2004-05.
Karl Bilbrey, 5008 Susan Lee Lane, against TR 2004-04; TR 2004-05.
Joseph Katzler, 5512 Topper Ct., against TR 2004-04; TR 2004-05.
Janice Katzler, 5512 Topper Ct., against TR 2004-04; TR 2004-05.
Joe Mamrus, 7449 Tunbridge Dr., against TR 2004-04 & 05.
Jack Coe, 7717 Briarcliff Court, against parking ordinance.
Maarkay Bas, Topper Ct., agenda item of interest: "RV". Did not mark for or
against.
The Chairman called for a break at 10:20 p.m. and reconvened at 10:31 p.m.
with all Commission members present.
Chairman Davis explained that all Commission members came into this issue
with open eyes and open ears. The decision made by the Commission tonight
may not please everyone. It is not directed at anyone person, anyone group,
anyone RV or 5th wheel owner. It is taking facts, information and testimony -
and the Commission members hear testimony at places other than these
meetings - Commission members get pulled aside at Wal-Mart and church. The
recommendation made tonight is after a lot of deliberation. The City of
Richardson did away with RV's entirely. That's not North Richland Hills. The
Commission is going to try to find what is good for everyone but still be safe,
meet the needs of our property owners and also protect our future in this City as
we continue to grow and what our expectations are as far as how our City
develops.
The Chairman entertained a motion for Ordinance A.
Mr. Schopper motioned to approve "Ordinance A Revision" (TR 2004-04).
The motion was seconded by Ken Sapp. Ms. Cole asked for an
amendment, clarified by Chairman Davis, to add at the end of "D"
"...except as allowed in C above." The amendment was accepted by the
motion and second.
Mr. Schopper, Mr. Bowen and Mr. Wood commented that they are all for A.
Mr. Shiflet had no comment.
Mr. Sapp commented, "Everyone on the dais knows how much effort went into
just a couple of pages of paper here. In all sincerity, I appreciate all the
testimony, the public input, the passion, the emotion that was in that and the
intent behind. I want to thank everyone for their tolerance and patience through
this process."
Ms. Cole commented, "We have listened to everyone and I hope that you will
abide me the same courtesy and respect that we have given you'all over the six
months. Although we didn't have residents attending here speaking on behalf of
some sort of an RV ordinance do note that we did receive both emails and letters
and as Richard says, we get phone calls and many residents do talk to us about
supporting an ordinance. So know that there are two sides to the issue and we
do have to keep that in mind and that's why we are trying to make this work for
everybody. It's not us against you'all; there's a big group out there.
The Commission was asked early on whether any of us owned RV's and I felt it
was inappropriate at the time to respond and now that we are at this stage I do
feel like it is appropriate for me to respond. My husband and I do own a tongue-
pulled coachman. We also own a cab over camper. They are both stored offsite.
They have been prior to this issue coming up. We own two utility trailers for ATV
purposes that are in our backyard because I bought my corner lot so I could put
them in my backyard hidden behind my 6-ft. stockade fence. In addition, at least
twice a month we go to my in-laws who have both a 5th wheel with three pull-outs
and a tongue pull with two pull-outs. This is something I am very familiar with -
when you have to have refrigerators running, when you don't, when you have to
clean them out, how long you can park them, this is nothing new to me so I do
have an extensive amount of experience with that. We did build our home on a
corner lot because we live in a front entry neighborhood and I didn't want it, and
that was my choice and my decision to make, being on the corner lot so we could
not have them in our front yard. My deed restrictions do restrict anything like that
from being parked in the driveway but because we are not in an HOA if that is a
problem for me my only recourse is legal action. So when this initially started
coming out I'm thinking there are some positives in here; it gives the citizen an
ability to have some sort of enforcement for them other than having to take some
sort of legal action. The original intent, and I realize that the ordinance that was
passed previously absolutely needed revisions, I do not argue with that in any
shape, form or fashion. The original intent of us wanting to do an RV, I don't
want that to be missed, I'm proud of the work that we've done. It was never
intended for it not to be that way. I'm glad that we've stepped up and we've
listened. I still get that there are feelings that this is done, it's a done deal, you'all
don't have a say and I can't possibly imagine how you can feel that way after
these many months. I ask for some clear heads. As far as compromising, I still
have an issue with something on "A" but I'm not going to allow that to stop me
because I think we've compromised. I'm not happy with an item on "D" that
states that a side entry or rear entry garage can park an RV in front of their
house. If there is a single driveway but it flares out at the back, you could park
an RV in that driveway and have to drive around it to get to your garage. I don't
like that. But, in the interest of trying to make this thing work; we disagreed last
week; it was by no means unanimous on this issue and it was a split vote and by
one vote this went in. So we are trying to make this work for everybody.
On the 9-1/2 ft., I understand what you are saying if you don't have a sidewalk.
As I tried to ask Jo [Ms. Cox], you don't have to sit here and tell me that you have
to see statistics. You know that if that RV butts up to that street; this is where I
ask to have a common sense head; help us here. We have a couple of ideas.
None of you had any suggestions, so we have some things that we are rattling
around on that might work for that. But, be reasonable and think about it. If that
RV is sitting at that curb, you just simply can't see. Coming out of your own
driveway, you just simply can't see. So that's all we are asking is to try and get a
workable compromise. We've listened; we've heard; we're just trying to work
with you and see what we can come up with again to make that one issue work.
Beautification is an issue for us. We spent a ton of time with Oncor. You thought
this was fun; that was not fun either. That was strictly to keep those nasty ugly
looking things from the front yard. We were trying to do this again to help. Our
intent is not to take away your rights. I still feel a lot of animosity and that is not at
all what we are tending to do."
Chairman Davis commented, "We started out with 2751 and 2753 and we have it
narrowed down to three pages of what I consider a lot of hard work by staff, and
don't forget they had other things going on with platting and zoning issues that
still needed to be taken care of, but still finding data, pictures, what other cities
are doing, giving us more and more information, plus sitting through public
hearings for information from you, has been helpful. We've got an ordinance.
It's workable. You've told us it's workable. I like that it's reasonable and fair. Is
it going to create a burden upon someone? I think the most fair thing we did is
make Ordinance A a part of the zoning ordinance so that you can be a
nonconforming use. If what you did was legal at the time that you did it, then you
did what was reasonable and fair and we are not going to punish you for that.
But, if in the future, someone else wants to do the very same thing, here are the
guidelines that we expect, as citizens, to be adhered to."
The motion passed by unanimous vote (7-0).
·
'/
;'
CITY OF
NORTH RICHLAND HILLS
¡Departn=t
Planning Department Council Meeting Date: 9/13/04
',---
Subject: Public HearinQ and Consideration of an Ordinance Agenda Number. TR 2004-05
Repealing Ordinance Nos. 2751 and 2753 and Amending Article V Parking Requirements of
Chapter 16, Amending Section 16-70 Parking and Storage of Recreational Vehicles and other
Equipment Restricted, and Repealing Section 16-71 Overnight Street Parking and Storage of
Boats, Trailers and Large Vehicles Prohibited of the North Richland Hills, Texas, Code of
Ordinances by Replacing Certain Regulations of Recreational Vehicles, Boats Trailers, Etc.
With Minimum Distance Restrictions from Public Streets as attached as Ordinance No. 2801.
Summary: In October and November of last year, the City Council adopted Ordinance
Nos. 2749, 2751 and 2753 all of which delt with the parking and storage of recreational
vehicles and trailers in residential areas. Enforcement of these ordinances was delayed by
Council until May 1, 2004 so that the owners of recreational vehicles could make
arrangements to meet the new ordinance requirements.
."-...
Following the adoption of these regulations, a large number of recreational vehicle owners
attended several Council meetings to express their viewpoints concerning the new
regulations. In January, the Council passed Ordinance No. 2767 extending the beginning
of enforcement of these ordinances from May 1, 2004 to October 1,2004. At that time, the
Council also directed staff to return the current ordinances back to the Planning and
Zoning Commission for additional public discussion and review. At the February 5th
Planning and Zoning Commission meeting, the Mayor addressed the Commission and
directed the Commission on behalf of the City Council to review the current ordinances
and seek revisions that were in the best interest of the City as a whole.
Beginning at their March 4th meeting, the Commission has held a series of monthly public
hearings to solicit comment from citizens concerning these ordinances. Staff also
addressed the Commission on the status of the current ordinancesth review of other cities'
ordinances, and the legal basis for the ordinances. Since March 4 , the Commission has
held a total of 7 public hearings and has taken comment from a total of 28 citizens
concerning these ordinances.
As a result of these meetings and citizen's input, the staff developed two separate
ordinances for the Commission and Council to consider. Attached is proposed Ordinance
Finance Review
Source of Funds:
Bonds (GOIRev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
Finance Director
~~~~
TR 2004-05 Revised Code of Ordinances for Recreational Vehicles
CITY OF
NORTH RICHLAND HILLS
I'
No. 2801. The purpose of this ordinance is to establish criteria for the location of any
vehicle (including recreational vehicles), boats, trailers, campers or camper tops on a
residential lot from the adjacent street. The proposed ordinance includes the following
actions and criteria:
',,--,
· Amends Section 16-70 Parking and Storage of Recreational Vehicles and other
Equipment Restricted of the North Richland Hills Code Of Ordinances (Ordinance
2749) by re-describing the permitted locations for parking and storage of
recreational vehicles;
· Repeals Section 16-71 Overnight Street Parking and Storage of Boats, Trailers and
Large Vehicles Prohibited of the North Richland Hills Code Of Ordinances. This
Section prohibited the parking of recreational vehicles in the public street unless by
permit;
· Repeals Ordinance Nos. 2751 & 2753 passed by the Council on November 11,
2003 and November 24, 2003 respectively. These ordinances made modifications
to Ordinance No. 2749 by extending control over the parking of recreational
vehicles in residential streets and driveways;
· Limits any vehicle greater than 7' in height to a point 9%' back from the back of a
residential street curb. In a situation where there is no curb, the 9%' is measured
from the edge of the street pavement.
'\.,.~-
o This requirement includes all vehicles, not just recreational. Seven feet was
chosen as a height limit as it would most likely exclude all standard cars,
trucks, and some trailers and include travel trailers or recreational vehicles.
This criteria would allow standard-sized vehicles to be parked closer to the
street pavement than recreational vehicles or trailers;
o Typical residential streets include a 50' Right Of Way. Within this ROW is a
typical street pavement width of 31' (back of curb to back of curb). In this
scenario there is 9%' of street ROW projecting from the back of the street
curb toward the adjacent residential property on both sides of the street.
These dimensions were the basis for the ordinance's setback criteria;
. The proposed ordinance provides an exception for 5th wheel trailers. Because of
their unique design, these trailers have an elevated portion, of the trailer body
(tongue, gooseneck ... etc.) that may extend into the 9%' setback if that portion of
the trailer is elevated at least 5' above ground level;
. This ordinance does not permit any vehicle or trailer existing or proposed to extend
into or block a public sidewalk.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on August 19, 2004, recommended approval of TR 2004-05
by a vote of 4-3.
CITY OF
NORTH RICHLAND HILLS
-
Recommendation: The fair and equitable enforcement of any ordinance controlling the
specific location of recreational vehicles in residential areas will require tremendous effort
on the part of the code enforcement staff. Should the City Council wish to set a minimum
distance setback for all vehicles. greater than 7' in height, then the attached ordinance is
acceptable.
'\."..,..
.'
2
4
6
8
10
12
14
16
18
20
22
26
28
30
32
34
36
38
40
42
ORDINANCE NO. 2801
AN ORDINANCE AMENDING SECTION 16-70 OF THE NORTH RICHLAND
HILLS, TEXAS, CODE OF ORDINANCES; REPEALING SECTION 16-71 OF
THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REPLACING
CERTAIN REGULATIONS OF RECREATIONAL VEHICLES, BOATS,
TRAILERS, ETC., WITH MINIMUM DISTANCE RESTRICTIONS FROM
PUBLIC STREETS; PROVIDING FOR REPEAL OF CONFLICTING
REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING
A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of North Richland Hills has received the
recommendations of its Planning and Zoning Commission and staff; and
WHEREAS, Section 16-64(7)(b) of the North Richland Hills Code of Ordinances has, for
over 15 years, prohibited parking of motor vehicles on public streets for more
than 24 hours; and
WHEREAS, the City Council finds that the amendments to current regulations strike a fair
balance between the public purpose of providing streets clear of obstructions to
traffic and view, preserving property values, and the desire of homeowners to
enjoy their property, as well as to allow reasonable use of recreational
equipment; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT Section 16-70 of the North Richland Hills Code of Ordinances is hereby
amended to read as follows:
"Sec. 16-70. Parking and Storage of Vehicles and Other Equipment Restricted.
(a) No vehicle, boat, trailer, camper or camper top more than seven (7) feet in height shall
be parked, placed, or stored in any public right-of-way between the back of the street curb (or,
in the case of a street without a curb, the edge of the pavement) and a point nine and one half
(9 1/2) feet back from the curb (or, in the case of a street without a curb, a point nine and one
half (9 1/2) feet back from the edge of the pavement). This section shall not apply to that
portion of a fifth wheel trailer which does not obstruct view below a point five feet above grade.
(b)
This section shall not apply to street construction, maintenance and repair equipment,
Ordina e No. 2801
Page 1 f 3
2
~
6
8
10
12
14
16
18
20
22
26
28
30
32
34
36
38
40
42
trucks, equipment, and vehicles used by public service companies engaged in the repair or
extension of public utilities; moving vans parked for no more than two successive nights for
loading or unloading; other vehicles when parked at a designated loading zone; municipal
vehicles; or when it is lawful to park a commercial motor vehicle for the sole purpose of
loading or delivering merchandise, equipment or supplies."
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
THAT Section 16-71 ofthe North Richland Hìlls Code of Ordinances is hereby
repealed.
THAT City of North Richland Hills Ordinance Nos. 2751 and 2753 are hereby
repealed.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases ofthis ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any ofthe
remaining phrases, clauses, sentences, paragraphs and sections oftrus ordinance,
since the same would have been enacted by the city council without the
incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED on this 13th day of September, 2004.
Ordinan e No. 2801
Page 2 I f 3
i I
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
2 ATTEST:
-..,.
6 Patricia Hutson, City Secretary
8
10
12
14 APPROVED AS TO CONTENT:
16
18 Department Head
Ordina e No. 2801
Page 3 f 3
TR 2004-05
PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE REPEALING
ORDINANCE NOS. 2751 AND 2753 AND AMENDING ARTICLE V OF
CHAPTER 16, AMENDING SECTION 16-70, AND REPEALING SECTION 16-
71 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES BY
REPLACING CERTAIN REGULATIONS OF RECREATIONAL VEHICLES,
BOATS, TRAILERS, ETC. WITH MINIMUM DISTANCE RESTRICTIONS FROM
PUBLIC STREETS.
APPROVED
Mr. Schopper motioned to approve TR 2004-05, known as Ordinance No. B,
with the following change: "Section 16-70. (a) No vehicle, boat, trailer,
camper or camper top shall be parked,placed, or stored in any public right-
of-way past the back of the street curb (or, in the case of a street without a
curb, the edge of the pavement)." Scott Wood seconded the motion.
Ken Sapp motioned to amend Mr. Schopper's motion: (1) regarding goose
neck (5th wheel) trailers, only the main body of the trailer, and not the
overhang (tongues of trailers) (empty boat trailers) be considered as part of
the vehicle for the purposes of extending into the 9-1/2 ft.; (2) put back the
9-1/2 ft. language; (3) with the exception that vehicles less than 6-ft. [later
changed by amendment to 7-ft.] in height would be allowed to park in the 9-
1/2 ft. (such as normal passenger vehicles). Ms. Cole seconded Mr. Sapp's
amendment to Mr. Schopper's motion.
Mr. Sapp commented that the rationale of allowing vehicles up to a certain height
is that people can see through most automobiles.
Mr. Sapp amended his motion to 7 -ft. on Item 3 above and the second
accepted the 7 -ft. amendment.
Mr. Sapp commented, "We have an ordinance that says you can't park over the
sidewalk. If it's a motor scooter you can't park over the sidewalk. So what we are
dealing with here are only houses that don't have sidewalks. I think some very
good points were made tonight that if we restrict automobiles they put them in the
street and nobody up here wants those cars in the street. Everybody agrees that
good points were made. So to try to make some reasonable coherence between
an established ordinance that doesn't allow you to park across the sidewalk.
Giving credibility to the statements made by Mr. Curtis, I don't think those are
arbitrary, those are engineering statistics that are used and I believe there is
some validity. Those weren't just invented. You can see through a car. You
can't see through a box trailer. Brenda said it well. Compromise is important
here. Will there still be people affected, yes, but we've tried to accommodate as
many circumstances as we can without giving up the basic principles of safety. I
personally believe that it is a safety hazard and for me to say that it's not would
be against my own personal principles."
Mr. Shiflet stated that a van parked in the 9-1/2 ft. will create the same obstacle.
"Councilwoman Cox brought up 'couldn't we look at this on a case-by-case basis'
and I think that the problem we run into there is that if we try to do something that
is arbitrary then we run into a problem. Mr. Curtis mentioned that all of his
examples were "typical". There are 2.5 people in a house and where do you find
that .5 person? But, you've got to have some sort of standard. As much as the
case-by-case basis would be very desirable and everybody has common sense;
which common sense means they think like you do; then that would be a good
idea, but unfortunately that's not something that is going to work. The other thing
is that this City is 50 years old. We have a number of streets that were
constructed 30 years ago. The typical life of an asphalt street is 20-years with
overlays. A concrete street can last 30-35 years. When the City reconstructs
streets, a sidewalk is included. There is a problem in trying to distinguish
between sidewalks vs. no sidewalks because we are talking about something
that is not only for right now but for down the road. Unfortunately, I have not
been involved in this like the majority of the Commission, but I do have a lengthy
history with the City and I knew this was the first thing I would be faced with when
asked if I would consider this. I made it very clear prior to accepting an
appointment that I would do this based on what I felt was in the best interest of
the City as a whole. I spent 20 years in the police department and an additional
10 years in City management. I've seen and dealt with many issues not unlike
this. I'm sitting here tonight because I love and care about this City and I know
that's why the rest of these people are here as well. The thing that troubles me
the most as a City staffer is discussing logic vs. emotion. This is a very
emotional issue. It's very difficult to plug logic in. What was presented by Mike
on the sight distance was challenged. Maybe those numbers are off a little bit
but what I would encourage the Commission to do is look at this logically based
on their six months of work. Mr. Wood and I have had about a month and a half
of working with it. We want what's best for the City and my decision and
recommendation will be based on logic, not emotion because in the long run that
is what is best for the City."
Mr. Schopper: "I've been very consistent since this started. I feel the City had
ordinances in place before they passed this that was not being enforced. We are
making it very difficult to enforce. This is an emotional issue. I've talked to
several people who because their RV comes too close to the curb they are going
to have to move it. I don't think that's right. That's why I sit on the Zoning
Commission. I like making rules where everybody knows what they are getting
into up front and if the numbers work they go ahead and proceed with the project.
With the nuisance ordinance we are going to affect people who have been doing
something for years and years. It's part of their lifestyle. I don't think it's correct.
I think we are over-reaching. I want to repeal what was passed and enforce what
we have. I'm thinking if we can keep it just this side of the curb, it's real easy to
enforce. If there is a sidewalk, it can't be past the sidewalk. If there's no
sidewalk, it comes to the back of the curb. It's easy for Code Enforcement. I
have to let the emotion get into it. That's part of what we are - people and the
sense of community that was appealed to earlier. Let's quit messing with these
folks. We have enough to do to take care of our own lives without messing with
their lives. That's kind-of where I'm at."
Ms. Cole stated that she is concerned, and always have been, of those vehicles
butting right up to the street. She doesn't know how they can allow vehicles to
go all the way to the curb.
Mr. Wood has a problem with not being allowed to grandfather Ordinance B. He
also pointed out that not one citizen who spoke this evening was in favor of
Ordinance B. He hasn't seen or heard anyone speaking in favor of the 9-1/2 ft.
If they are out there they need to show up and speak up. He feels that emotion
does playa part in this decision. He mentioned Ms. Llewellyn's testimony of the
loss of her child.
Chairman Davis commented that over the last six months of testimony, at every
meeting Mr. Schopper asked every citizen who spoke whether or not they
thought someone should be allowed to park over the sidewalk. Mr. Schopper
responded that all were against parking across a sidewalk. They were against it
for safety reasons. It caused pedestrians to have to move into the street.
Sidewalks are meant to keep people out of the street. That's the safety issue
involved here.
Chairman Bowen asked for final comments from each Commission member.
Mr. Schopper stated that he does not think the 9-1/2 ft. is appropriate in this
particular case.
Mr. Bowen stated that Mike's statistics convinced him that some sort of distance
is needed for sight visibility and he feels this ordinance contains compromises.
Mr. Shiflet stated that there is nothing magic about 9-1/2 ft. except that it's typical
City parkway. Looking at this from a safety standpoint, there is no safety
difference whether there is a sidewalk there or not except the occasion where
someone is on the sidewalk and has to come out into the street and back. It is
against state law to park across the sidewalk so that is already addressed. The
City isn't the villain, this Commission isn't the villain. This is a recommending
body and he stands by his recommendation.
Ms. Cole was hoping that some other measure than 9-1/2 ft. would be agreed
upon. She has true heartache for Mr. DeWitt who this is going to hit. There isn't
a mechanism in place for a case-by-case basis. That one hurts. She doesn't
feel they would be doing their job if they allowed RV's to the curb.
Mr. Wood stated that he would have been for the 9-1/2 ft. if people knew about it
in the first place. It should be grandfathered.
Mr. Staples clarified that nuisance ordinances cannot be grandfathered. He
suggested that the Commission propose a distance other than 9-1/2 ft. if they
can't agree on that distance.
Mr. Sapp stated that from the beginning he has sought evidence and once he
saw Mike's numbers that made sense to him. He stated that Councilman Cox's
point of "community" was not lost on him. He feels that this is a community and
the goal is for it to be a safe, well-valued neighborhood and this board is charged
with putting in the kind of governance that helps achieve a City that is safe and
well valued. This is a step toward that.
Chairman Davis stated that this has been emotional. He has tried to step back
and listen and this issue has taught him a lot about listening. Just tonight, the
Commission made at a change at the suggestion of a citizen, Mr. Barrett. These
ordinances are a good basis. Perhaps it will need to be revisited in a year to see
if it's reasonable and functional. He believes strongly that the Commission has
an obligation based upon the facts, testimony, pictures, and ordinances from
other cities, to make a decision that is reasonable, fair and safe for the citizens of
North Richland Hills. This Commission has an obligation to make a
recommendation to the Council based on all of that information. He does not
want someone pulling out blindly into a street because an RV is parked at the
curb. He believes the 9-1/2 ft. is reasonable. Anything beyond that is taking
property and use away and that would not be reasonable. He is a land surveyor
from way back and he has a strong feeling about people's property rights. He
has seen people argue and fight over an inch of land. He believes these
ordinances are fair. The Council can spend money and do more studies or
change the 9-1/2 ft. to 6-ft. or zero that is Council's right and Chairman Davis
stated that he won't take it personally. He did his job and listened to the facts
and he is sorry that he can't make everyone happy but he is making his decision
with all honesty of looking and listening to what was right for everyone.
The Chairman called for the vote.
Mr. Sapp's motion passed 4-3, with Mr. Wood, Mr. Shiflet and Mr. Schopper
voting against.
Mr. Schopper's motion, amended by Mr. Sapp's motion, passed 4-3, with
Mr. Wood, Mr. Shiflet and Mr. Schopper voting against.
"
CITY OF
NORTH RICHLAND HILLS
'---
Department: BudQet & Research
Council Meeting Date: 9/13/2004
Subject: Adoptina the 2003-2004 Revised Budaet and 2004-2005 Agenda Number: GN 2004-083
Budget - Ordinance No. 2802
The proposed budget for 2004-2005 was filed with the City Secretary's office on July 29,
2004. All necessary publications and hearings have been completed in compliance with
City Charter requirements, special taxing district rules and procedures, and State Law.
The 2004-2005 General Fund budget is based on the 57¢ tax rate which is the existing
rate for the current fiscal year.
Revisions to the 2003-2004 revenues and expenditures have been made to reflect the
most current estimates for this fiscal year. The Budgeted Operating Expenditures are:
2003-2004 2004·2005
Fund Revised Proposed
\......-. General Fund $31,707,702 $32,403,566
Debt Service Fund 12,121,371 8,954,176
Utility Fund 19,740,928 20,269,321
Golf Course Fund 2,278,986 2,223,907
Aquatic Park Fund 3,561,589 3,737,720
Promotional Fund 264,067 261,423
Donations Fund 586,348 186,786
Special Investigation Fund 389,974 389,648
Drainage Utility Fund 732,414 730,767
Parks & Recreation Fund 4,464,138 4,479,305
Crime Control District 4,577,396 4,893,012
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
\ Other
"-
~-
Finance Review
Account Number
Sufficient Funds Available
Page 1 of
CITY OF
NORTH RICHLAND HILLS
\'--J The Budgeted Capital Projects Expenditures are:
Fund
2003·2004
Revised
2004·2005
Proposed
Street & Sidewalk Projects
Drainage Projects
Utility Projects
Parks & Recreation Projects
Aquatic Park Projects
Municipal Facility Projects
Major Capital Equipment Program
Major Planning Studies
CIP Personnel-Operating Overhead Costs
$18,476,788
4,125,131
3,619,721
5,272,827
2,572,777
7,765,426
495,152
o
1,135,094
$43,462,916
$11,674,294
2,993,846
4,660,354
5,880,522
480,000
4,830,954
1,663,152
30,000
1,219,308
$33,432,430
"-.
The City of North Richland Hills Crime Control and Prevention District Board of Directors
conducted a budget work session on July 30-31, 2004 to review the 2003-2004 Revised
Budget and the Proposed 2004-2005 Budget. As required by law, legal notices were
published. The Board met and held a public hearing August 23, 2004 prior to the City
Council meeting. The Board recommended that City Council approve and adopt both the
revised and proposed budgets.
The Park and Recreation Facilities Development Corporation Board of Directors also met
on August 23, 2004 to review the Proposed 2004-2005 Budget. The Board conducted a
public hearing prior to the City Council meeting on that same date. The Board approved the
Proposed 2004-2005 Budget. As required by law, all legal notices were published.
Recommendation:
To approve Ordinance No. 2802 adopting the 2004-2005 Budget for all funds and the
revisions to the 2003-2004 Budget for all funds.
\-
CITY COUNCIL ACTION ITEM
Page_of _
ORDINANCE NO. 2802
2
4
AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR
OCTOBER 1, 2004 THROUGH SEPTEMBER 30,2005, FOR THE CITY
OF NORTH RICHLAND HILLS, TEXAS; ADOPTING THE AMENDED
BUDGET FOR OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004,
AND PROVIDING FOR INVESTMENTS AND TRANSFERS.
6
8
10
WHEREAS, in accordance with Section 102.001, et seq., TEX. Loc. GOy'T CODE, the City
Manager submitted to the City Council a budget for 2004-2005, and the Council
determined that a public hearing should be held at a time and place which was
set forth in a notice published as required by law; and,
12
14
WHEREAS, such public hearing on the budget was duly held on August 23,2004, and all
taxpayers were given an opportunity to attend and participate in such public
hearing; NOW, THEREFORE,
16
18
BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS:
20
Section 1:
THAT the budget for the City ofN orth Rich1and Hills, Texas, for the fiscal year
beginning October 1, 2004, and ending September 30, 2005, in words and
figures as shown therein, is adopted and approved as filed herewith. A copy of
the approved budget shall be filed with the City Secretary.
22
24
I
, I
II
I! Section 2:
! !
¡ i
I!
II
II Section 3:
II
II
II t
, ,
i i
L
! I Section 4:
II
I!
Ii
, I
Ii
II AND IT IS SO ORDAINED.
II
! I Passed on this 13th day of September, 2004.
II
.1
II
II
Ii
i ¡
I ¡
I ì
Ordinarlde No. 2802
Page ] ~f 2
¡ i
! ;
! I
II
26
THAT the City Manager be and is hereby authorized to make inter-departmental
and inter-fund transfers during the fiscal year as deemed necessary in order to
avoid over-expenditure of particular accounts.
28
30
THA T the City Manager or his designee be and is hereby authorized to invest
any funds not needed for current use in any lawful manner. Interest accrued
from investments shall be deposited to the interest income account ofthe funds
from which the principal was invested.
32
34
36
THAT the amended budget for the City of North Richland Hills for the fiscal
year beginning October 1,2003, and ending September 30, 2004, filed herewith
is hereby adopted and approved. A copy of the amended budget shall be filed
with the city secretary.
38
40
42
44
2
I
I
I ATTEST:
4
6
8
IO
12
Patricia Hutson, City Secretary
14
APPROV D S TO FORM AND LEGALITY:
16
18
20
,I APPROVED AS TO CONTENT:
'I
II
I Department Head
I
I
ì I
I,
i I
II
II
, I
! I
Ii
Ii
¡I
¡ I
'I
II
, '
Ii
t I
i'
II
I'
II
I'
II
II
Ii
Ii
, I
I ¡
Ii
, I
II
¡ I
¡ ¡
I [
, ,
, I
Ordina~de No. 2802
Page 2 bY 2
rl
! ¡
! r
! t
II
22
24
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
~\
t!"
CITY OF
NORTH RICHLAND HILLS
',-, Department: BudQet & Research
Council Meeting Date: 9/13/2004
Subject: Adoptina the Tax Rate for Tax Year 2004
Ordinance No. 2803
Agenda Number: GN 2004-084
The notice of effective tax rate was published in the Star Telegram newspaper on August
11, 2004 in accordance with State law. The proposed 2004-2005 tax rate for the City of
North Richland Hills is 57¢. The proposed rate of 57¢ is less than a 1 % increase over the
effective tax rate. The proposed rate of 57¢ is broken down into two parts as follows:
33.1732¢
23.8268¢
for the purposes of maintenance and Qperations
for the payment of principal and interest on debt of the City
Recommendation:
To adopt Ordinance No. 2803 setting the tax rate for the 2004-2005 fiscal year at 57¢.
'-.-J
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
~}
Page 1 of
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
ORDINANCE NO. 2803
AN ORDINANCE SETTING THE TAX RATE FOR THE CITY OF
NORTH RICHLAND HILLS FOR THE 2004-2005 TAX YEAR.
WHEREAS, the City of North Richland Hills has followed the procedures established by the
Property Tax Code, including the publishing and posting of required notices and
the holding of required public hearings; and,
WHEREAS, the City Council has approved separately each of the two components ofthe tax
rate hereinafter set forth; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1 :
THAT there shall be and there is hereby levied the following taxes on each One
Hundred Dollars ($100.00) of valuation on all taxable property within the City
of North Richland Hills, Texas, to be assessed and collected for the year 2004-
2005 for the purposes hereinafter stipulated, to-wit:
(a)
For operations and maintenance levied on the $100.00 valuation:
$0.331732; and
I.
II
II
(b)
For the interest and sinking fund levied on the $100.00 valuation:
$0.238268.
TOTAL:
$0.570000
AND IT IS SO ORDAINED.
I
II Passed on this 13th day of September, 2004.
CITY OF NORTH RICHLAND HILLS
I,
By:
Oscar Trevino, Mayor
ATTEST:
J" Patricia Hutson, City Secretary
Ordina e No. 2803
Page 1 {¡ 2
I
II
i"
! I
4
APPROVED AS TO FORM AND LEGALITY:
G~V
2
6
APPROVED AS TO CONTENT:
8
10
Department Head
12
II
II
II
It
! I
i i
II
I!
II
II
I!
II
I
I
I
I
I
d
! '
í
I!
I'
I
I
I
!
I
I
Ordinad4e No. 2803
Page 2 rf. 2
I
i
!
¡
¡
! i
I.
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
Council Meeting Date: September 13, 2004
Subject: Edward Byrne Memorial Fund Grant - Resolution No. 2004- 059
Agenda Number: GN 2004-085
The City of North Richland Hills Police Department has participated in a multi-agency task force
under the supervision of the Tarrant County District Attorney's Office for the past fifteen years.
Because of the county-wide jurisdiction of the task force, prior funding for the task force detectives'
positions was procured through grants applied for and administered by Tarrant County.
New requirements under the Edward Byrne Memorial Fund Grant Program, as administered by the
Criminal Justice Division of the Texas Governor's office for FY 2005, preclude a county-wide
application for the grant funding, and necessitate that each participating law enforcement agency
apply individually for grant funding for their respective detectives' positions. With the assistance
provided through grant funding, the North Richland Hills Police Detective assigned to this county-
wide narcotics unit will continue to operate within the unit as in previous years to detect and
prosecute criminal offenses involving the manufacture, trafficking, distribution, and sale of illicit
drugs occurring in and around the City.
With the approval of the City Council, the Police 'Department would like to make application to the
Criminal Justice Division for a grant to fund approximately $46,653 of the direct salary costs for the
detective's position; an approximate $15,551 cash match would be provided from City funds upon
receipt of the grant funds from the State. This grant funds activities from September 1, 2004 to
May 31, 2005 and is made under the Byrne formula, which provides 75% of projected expenses
and requires a 25% cash match.
~
The attached resolution will authorize application for the grant and appoint the City Manager as the
agent to act for the City relative to the grant.
Recommendation:
It is recommended that the City Council approve Resolution No. 2004 - 059.
Finance Review
,
'--
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
O~l. !
. £:¿ -
~ Department He Signature
Budget Director
Page 1 of ...L
RESOLUTION NO. 2004-059
WHEREAS, the City of North Richland Hills, Texas possesses legal authority to apply for
the 2005 Byrne Formula Grant and make appointments for the conduct of business
relative to the Grant; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills that the Special Narcotics Investigator Project be
operated for the Fiscal Year 2005; and
WHEREAS, The City Council of North Richland Hills agrees to provide applicable
matching funds for the said project as required by the Byrne Formula Grant Program
grant application; and
WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or
misuse of the Governor's Criminal Justice Division funds, The City Council of North
Richland Hills assures that the funds will be retumed to the Governor's Criminal Justice
Division in full.
WHEREAS, The City Council of North Richland Hills designates City Manager Larry
Cunningham as the grantee's authorized official. The authorized official is given the
power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant
agency.
NOW THEREFORE, BE IT RESOLVED that The City Council of North Richland Hills
approves submission of the grant application for the Special Narcotics Investigator
Project to the Governor's Criminal Justice Division.
PASSED AND APPROVED this 13th day of September, 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
"
CITY OF
NORTH RICHLAND HILLS
'_e Department: Economic Development
Council Meeting Date: 9/13/04
Subject: Consider Appointments to Economic Development
Advisory Committee
Agenda Number: GN 2004-086
CASE SUMMARY:
In 1998 the North Richland Hills City Council created an Economic Development Advisory
Committee to maintain good communications with the City's employers and receive feedback
on how NRH could continue to be a catalyst for expanding our local economy. The committee
meets on a quarterly or as needed basis and does not require local citizenship. All members
represent th~ business community and come from small and large employers in service/office,
manufacturing, retail, medical, banking, new car dealers, entertainmentltourism, commercial
brokers and developers.
Currently the Economic Development Advisory Committee has 9 members with one vacant
position that is to be from a small service area. The staff believes the current four members
whose terms are expiring are very good members and ask Council consideration for
reappointment. These include:
\---'e
Laurie Dunlop
Randy Moresi
Dan Quinto
Linda Timmons
Entertainment/Large Retailer
Medical
Developer
Manufacturer
Manager of North Hills Mall
CEO North Hills Hospital
Home Town NRH
President of Bates Container
The vacant position is one that is to be from a small service oriented business. Some possible
names for consideration are:
David Nelson
Cindy Brewington
Dick Bartek
Juanita Carper
Legal Services
Investment Services
Real Estate Services
Insurance Services.
RECOMMENDATION:
To reappoint Laurie Dunlop, Randy Moresi, Dan Quinto, and Linda Timmons. Consider
appointment of person for small service business. These terms would run from 2004 to 2006.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds A vallable
"~~
Department Head Signature
ß--
¡.-
Finance Director
GN 2004- New Appointments to ED Committee
Page I of 1
Advisor!;! Committee Members
NAME. 5U51NE.55 PHONE. & FAX TERM EXfRIE5
Laurie Dunlop Manager Phone 589-2236 August 2004
(Entertainment/Large North Hills Mall Fax 284-9730
Retail) 7624 Grapevine
Highway
NRH, TX. 76180
Janet Golightly Owner Phone 656-9780 August 2005
(Small Retail) Golightly's Gallery Fax 485-9762
5505 Davis Blvd.
NRH, TX. 76180
Jim Makens Owner Phone 571-4114 August 2005
(Commercial Broker) The Makens Company Fax 540-1583
2300 Airport Freeway,
Suite 230
Bedford, TX. 76022
Randy Moresi CEO Phone 255-1100 August 2004
(Medical) North Hills Hospital Fax 255-1991
4401 Booth Calloway
Road
NRH, TX. 76180
Phil Myhra Exec. VP-UICI Phone 255-3100 August 2005
(Large Service) 9151 Grapevine Hwy Fax 255-8380
NRH, TX 76180
Dan Quinto Developer Phone 410-5710 August 2004
(Developer) HomeTown NRH Fax 410-5757
1111 S. Main St. #111
Grapevine, TX 76051
Mike Rigby President Phone 656-0038 August 2005
(Financial Institution) Liberty Bank Fax 498-6424
5801 Davis Blvd
NRH, TX 76180
Linda Timmons President Phone 498-3200 August 2004
(Manufacturer) Bates Container, Inc. Fax 428-0779
6433 Davis Blvd.
NRH, TX 76180
Alan Young Owner Phone 589-3300 August 2005
(New Car Dealership) Alan Young Buick Fax 589-3324
7724 N.E. Loop 820
NRH, TX 76180
North Richland Hills
Economic Development Advisory Committee
.' CITY OF
NORTH RICHLAND HILLS
'--
Department: Finance Department Council Meeting Date: 09/13/2004
Subject: Award Bank Depository Services Contract to
Bank of America, Resolution #2004- 060
Agenda Number: PU 2004-036
The current contract for bank depository services expires September 30, 2004. The existing
contract was for a five-year period and was awarded to Bank of America by City Council in 1999.
A request for proposals for bank depository services was advertised on July 5th and 12th.
Additionally, staff mailed proposals to 15 banks all of which are located in the city limits. On
August 3, 2004, proposals were received from the following financial institutions:
Bank of America
Bank One
Frost Bank
Woodforest National Bank
,,~.
The four proposals were evaluated based on the following criteria:
1. The ability of the bank to perform the requested services,
2. Reputation of bidder/quality of services provided,
3. Cost of requested services,
4. Interest paid on accounts and deposits,
5. Overdraft provisions,
6. Completeness of proposal,
7. Previous service relationship with the City, and
8. Financial strength and stability of the institution.
An evaluation committee consisting of the Director of Finance, the Accounting Manager, and the
Budget Manager, was formed to review the proposals. Three of the four proposals received were
very competitive financially. The committee requested Best and Final offers from these top three
candidates. The committee performed extensive analysis of the proposals based on the criteria
previously outlined. A point system was devised whereby points were awarded for each of the
evaluation criteria. Out of 585 possible points, Bank of America received the best score of 549
points which equates to roughly 94% of the potential points. Bank One scored 526 points (90%)
and Frost Bank ranked third with 494 points (85%). The committee then requested meetings with
the top two candidates, Bank of America and Bank One. Questions and concerns were
presented to both institutions. After careful consideration and analysis, the committee
determined Bank of America to be the top candidate for award of the City's depository services
contract.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 901-0000-455.20-00
Sufficient Funds Available
~'¡/i
..~
CITY OF
NORTH RICHLAND HILLS
~
The evaluation committee then presented the analysis and results to the City's Investment
Committee which has oversight responsibility of the City's financial and investment relationships
which include banking services. After discussion and careful consideration, the Investment
Committee voted unanimously to recommend award of the contract for depository services to
Bank of America.
Bank of America received a 4-star rating from Bauer Financial, an organization that rates
financial institutions based on, but not limited to, capital ratio, profitability/loss trend, evaluation of
delinquent loan levels and repossessed assets, market versus book value of the investment
portfolio, community reinvestment rating, and liquidity. Additionally, Bank of America received
ratings of Aa2 on long';term senior debt and P-1 on short-term debt while achieving a stable
outlook rating from Moody's Investors Service. Similarly high marks were received from
Standard & Poor's on outstanding debt and a positive outlook rating was attained. The
evaluation committee feels the high marks received in this area well represent the financial
strength of Bank of America. Additionally, the committee is pleased with the level of service and
support currently provided by Bank of America.
The rates proposed by Bank of America will result in almost $1,000 savings per month. Over the
five-year life of the contract approximately $62,350 will be realized in savings based on current
service pricing and average annual volume. The five-year amount includes one month of free
service (valued at approximately $2,800) offered in the Bank of America proposal.
\........
Recommendation: Approve Resolution 2004-060 to award the five-year contract for bank
depository services to Bank of America and authorize the City Manager to execute the
documents necessary to complete this process.
',,--
CITY COUNCIL ACTION ITEM
PaQe 2 of 2
-----,~·_~_..~"_~_'.0"__,..'..0__
Resolution No. 2004- 060
WHEREAS, the City of North Richland Hills, Texas has advertised for and received proposals
for Bank Depository Services; and
WHEREAS, four banks submitted proposals prior to the deadline of August 3, 2004 and such
proposals have been reviewed and analyzed by the Director of Finance, the Accounting
Manager, and the Budget Manager; and
WHEREAS, the results of the analysis of the proposals were presented to the City's
Investment Committee; and
WHEREAS, the City Council finds the proposal of Bank of America to be the best proposal, to
provide the greatest overall value, and to contain the most favorable terms for the City.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
1.
The City Manager be and is hereby authorized to execute the Bank Depository Contract
between the City of North Richland Hills and Bank of America, as the act and deed of the City.
PASSED AND APPROVED this 13th day of September 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
George Staples, Attorney for the City
APPROVED AS TO CONTENT AND FORM:
~
Larry Koo e, Director of Finance
Bank Depository Contract
This Depository Contract is made and entered into on the date last herein written
by and between the City of North Richland Hills, hereinafter called "Depositor,"
and Bank of America, hereinafter called "Bank," a national banking association
organized under the laws of the United States and authorized by law to conduct
banking business in Texas and now conducting such business in said state, and
is as follows:
I. Depositor, through action of the City Council, hereby designates Bank as
depository for the period beginning October 1, 2004 and continuing through
September 30, 2009 or until a successor depository has been appointed.
II. Depositor and Bank, by execution of this Depository Contract, hereby
designate the Federal Reserve Bank, hereinafter called ''Trustee,'' to hold in
trust, according to the terms and conditions of this Depository Contract and
the attached "Federal Reserve Bank Operating Circular," the collateral and
substitute collateral described under said agreements.
III. During the term of this Depository Contract, the Depositor will, through
appropriate action of its City Council, designate the office or officers who
singly or jointly will be authorized to represent and act on behalf of the
Depositor in any and all matters of every kind arising under this Depository
Contract and to (a) execute and deliver to Bank an electronic funds transfer
agreement (and any addenda thereto), (b) appoint and designate, from time
to time, a person or persons who may request withdrawals, orders for
payment, or transfers on behalf of Depositor in accordance with the
electronic funds transfer agreement and addenda, and (c) make withdrawals
or transfers by written instrument.
IV. Bank's Deposit Agreement is incorporated herein for all purposes; however,
to the extent that any provision therein conflicts with any provision herein,
this Depository Contract will control.
V. Depositor may arrange for time deposits, and Bank may accept and shall
hold deposits subject to payment in accordance with the terms of the
deposit. Interest shall be calculated at the rate which Bank has bid for the
particular denomination and time period of said deposit as competitive
public bidding for said deposits. Time deposits will mature on or before the
expiration of this Depository Contract. All time deposits that mature beyond
the expiration of this Depository Contract will at non-contractual interest
rates negotiated at the time of purchase.
VI. Bank will be compensated for any and all services rendered to Depositor
under this Depository Contract. Bank agrees to offset monthly service fees
against its customary earnings credit for balances in the Depositor's non-
interest bearing transaction accounts; provided, however, that if there is
insufficient earnings credit against which such fees may be offset, Depositor
will be charged for such services monthly. Bank's Response to Bank
Depository Services Request for Proposals, including all exhibits and
addenda thereto, is incorporated herein by reference.
VII. All funds on deposit with Bank to the credit of Depositor shall be secured by
collateral as provided for in the Public Funds Collateral Act (Chapter 2257 of
the Texas Government Code). The total market value of the collateral
(which includes accrued interest or income to the extent is not included in
the market price) securing such deposits will be in an amount at least equal
to the amount of such deposits plus t amount of any accrued interest
thereon and less the amount that such deposits are insured by an agency or
instrumentality of the United State government. The market value with
respect to any securities (collateral) as of any date and priced on such date
will be obtained from a primary dealer. When additional collateral is
required to cover incremental deposits, Bank must receive the request prior
to 10:30 a.m. on the day the deposits are actually received. Twenty-four
(24) hours notice is necessary on incremental deposits in excess of $3
million.
VIII. Bank has heretofore or will immediately hereafter deliver to Trustee
collateral of the kind and character above mentioned of sufficient amount
and market value to provide adequate collateral for the funds of Depositor
deposited with Bank. Said collateral or substitute collateral, as hereinafter
provided for, shall be kept and retained by Trustee in trust so long as the
depository relationship between Depositor and Bank shall exist hereunder,
and thereafter so long as deposits made by Depositor with Bank hereunder,
or any portion thereof, shall have not been properly paid out by Bank to
Depositor or on its order.
IX. Trustee will accept said collateral and hold the same in trust for the purpose
herein stated. See the attached "Federal Reserve Bank Operating Circular."
X. Should Bank fail at any time to pay and satisfy, when due, any check, draft,
or voucher lawfully drawn against any deposit and the interest on such
deposits or in any manner breach its contract with Depositor, Depositor shall
give written notice of such failure or breach to Bank, and Bank shall have
three (3) business days to cure such failure or breach. In the event Bank
shall fail to cure such failure or breach within three (3) business days or
should the Bank be declared insolvent by a Federal bank regulatory agency,
it shall be the duty of the Trustee, upon demand of Depositor (supported by
proper evidence of any of the above-listed circumstances), to surrender the
above-described collateral to the Depositor. Depositor may sell all or any
part of such collateral and out of the proceeds thereof, pay Depositor all
damages and losses sustained by it, together will all expenses of any and
every kind incurred by it on account of such failure or insolvency, or sale,
accounting to Bank for the remainder, if any, of said proceeds or collateral
remaining unsold.
XI. Any sale of such collateral, or any part thereof, made by Depositor
hereunder may be either at public or private sale; provided, however, it shall
give to both Trustee and Bank two (2) hours notice of the time and place
where such sale shall take place, and such sale shall be to the highest
bidder therefore for cash. Depositor and Bank shall have the right to bid at
such sale.
XII. If Bank shall desire to sell or otherwise dispose of anyone or more said
securities so deposited with Trustee, it may substitute for anyone or more
of such securities other securities of the same market value and of the
character authorized herein. Such right of substitution shall remain in full
force and may be exercised by Bank as often as it may desire; provided,
however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required
hereunder. If at any time, the aggregate market value of such collateral so
deposited with Trustee be less than the total sum of the Depositor's funds
on deposit with said Bank, Bank shall immediately deposit with Trustee such
additional collateral as may be necessary to cause the market value of such
collateral to equal the total amount of required collateral. Bank shall be
entitled to income on securities held by Trustee, and Trustee may dispose
of such income as directed by Bank without approval of Depositor.
XIII. Trustee shall promptly forward to Depositor copies of safekeeping or trust
receipts covering all such collateral held for Bank, including substitute
collateral as provided for herein.
XIV. If at any time the collateral in the hands of the Trustee shall have a market
value in excess of the sum of balance due Depositor by Bank, the Depositor
shall authorize the withdrawal of a specified amount of collateral, Trustee
shall deliver this amount of collateral (and no more) to Bank, taking its
receipt therefore, and Trustee shall have no further liability for collateral so
redelivered to Bank.
XV. Either Depositor or Bank shall have the right to terminate this agreement
prior to the expiration date by advance written notice to the other of its
election to do so, and this agreement shall be void from and after the
expiration of ninety (90) days after the receipts of such notice, provided all
provisions of this agreement have been fulfilled.
XVI. When the relationship of Depositor and Bank shall have ceased to exist
between Depositor and Bank, and when Bank shall have properly paid out
all deposits of Depositor, it shall be the duty of Depositor to give Trustee
certificate to that effect; whereupon Trustee shall, with the approval of the
Depositor, redeliver to Bank all collateral then held in its possession
belonging to Bank, taking its receipts therefore. An order in writing to said
Trustee by Depositor and a receipt for such collateral by Bank shall be a full
and final release of Trustee of all duties and obligations undertaken by it by
virtue of these presents.
XVII. Bank, through formal action of its governing board, hereby agrees to the
terms stated herein. Formal action will be taken on the part of the board
within thirty (30) days of the contract award. Bank will provide to Depositor
the minutes of the board meeting in which the formal action stating
agreement to terms contained herein within 15 days of said meeting.
Executed this day of
authorized officers of the parties hereto.
, 2004 by the undersigned duly
For Depository Bank:
(Signature)
(Title)
For Depositor:
(Signature)
(Title)
Approved as to form:
(Signature)
(Title)
Attest:
(Signature)
(Title)
-~--~~--_._-~-----,._-
Table of Contents
Operating
Circular
8
COLLATERAL
Page
1.0 Purpose, Scope and Effect of this Circular, . . . , . . . . . . , , . . . . . . . , . . , . . . . . , . . , . . . . . , 1
2,0 Purposes for which ColJateral May be Held. , . , . , , . . . , , . . . . . , . , . , . . . . . , . . . . . . . , , . 1
3.0 Definitions, . , , , . , . . . , . . . . . . , . . . . , . . . . . , , , . . , . . . , , , . , . , . , . . . , . . . . , . . , . . . . 2
4.0 Terms, . , , , , . . , . . , . . , . . , . , . . . . . . . , . . . , . . . . . . . . . . . , , . . , . . , . . . . . . . , . , . . . 2
5.0 National ColJateral Monitoring & Customer Service for Certain Treasury Programs. . . . . . . . 4
6.0 Right to Amend. . , , , . . , , . . , . . . . . . . . . . , . , . , . , , , , . . , . . , , . . , , , . . . , . . . , . . . . . , 4
Appendices
Appendix A-Depositary, Financial Agency, and ColJateral Agreement, . . , . . . . . , . . . , . , . , . 5
Appendix B- Resolution Authorizing Execution of Depositary,
Financial Agency, and Collateral Agreement. . , . , . . , . . . , . , . . . , , . , , . . , , . . . . . , , . , . , , 7
Operating
Circular
8
Federal Reserve Bank
1.0 PURPOSE, SCOPE
AND EFFECT OF
THIS CIRCULAR
1.1 This Collateral Operating
Circular ("Circular") specifies, in Section
2, the purposes for which the Federal
Reserve Bank of (City) ("this Reserve
Bank "), in its individual capacity and as
Fiscal Agent of the United States, holds col-
lateral as custodian for the benefit of the
Pledgee to which the collateral has been
pledged,
1.2 This Circular also contains, in
Section 4, provisions under which this
Reserve Bank holds collateral in definitive
form for the purposes specified in
Subsections 2.4, 2.5, 2.6, 2.7 and 2.8
of this Circular.
1.3 By requesting this Reserve Bank to
hold collateral as custodian for the benefit
of a Pledgee, a Pledgor agrees to accept and
be bound by all the terms of this Circular,
any other applicable Reserve Bank operating
circulars, and all applicable Treasury regula-
tions and other instructions. such as those
contained in the Treasury Financial Manual
(TFM) , as such documents may be amended
from time to time.
1.4 Nothing contained in this Circular
shall be construed as restricting the statutory
authority of the Secretary of the Treasury, or
his designee (the "Secretary"), to direct this
Reserve Bank to provide fiscal agency and
depositary services. In the event of any
conflict or inconsistency between the terms
of this Circular and any directions from the
Secretary, the Secretary's directions shall govern,
1.5 In the event of any conflict or incon-
sistency between this Circular and a Treasury
regulation or other operating circular issued
by this Reserve Bank regarding collateral
held by this Reserve Bank as custodian. such
Treasury regulation or other operating
circular shall govern,Title 31 CFR Part 202
incorporates by reference the terms of this
Operating Circular No.8
October 23, 2000
Circular and provides that the terms of this
Circular are binding on financial institutions
electing to serve as Depositaries and
Financial Agents of the Federal Government.
1.6 Each Federal Reserve Bank has issued
an operating circular identical to this Circular,
2.0 PURPOSES FOR
WHICH COLLATERAL
MAY BE HELD
This Reserve Bank holds collateral as
custodian for the following purposes:
2.1 Pledged to this Reserve Bank or
another Federal Reserve Bank to secure
repayment of an advance made to the
Pledgor or to secure repayment of any other
indebtedness (including intraday or
overnight overdrafts and any penalties and
fees thereon) of the Pledgor to a Federal
Reserve Bank. See this Reserve Bank's
Operating Circular 10.
2.2 Pledged to secure a deposit of funds
of a public entity (including a state, munici-
pality or other political subdivision). See
this Reserve Bank's Operating Circular 7
and Appendix C thereto.
2.3 Pledged to a public official to qualify
an institution to exercise trust powers. See
this Reserve Bank's Operating Circular 7
and Appendix C thereto.
2.4 Pledged to secure bankruptcy funds
on deposit with the Pledgor pursuant to 11
USe. §345 and 31 CFR Parts 225 (formerly
Treasury Circular 154) and 380, each as
amended from time to time.
2.5 Pledged to secure balances held by
the Pledgor in a Treasury Tax and Loan
account pursuant to 31 CFR Parts 203
(formerly Treasury Circular 92) and 380, as
amended from time to time, See this
Reserve Bank's Operating Circular 9,
Operating
Circular
8
2.6 Pledged as security in lieu of a surety
or sureties on a penal or other bond pursuant
to 31 CFR Parts 225 (formerly Treasury
Circular 154) and 380, as amended from
time to time.
2.7 Pledged to secure revenues and funds
of the United States and funds the deposit
of which is subject to the control or regula-
tion of the United States or any of its officers,
agents or employees, held by the Pledgor
pursuant to 31 CFR Parts 202 (formerly
Treasury Circular 176) and 380, as amended
from time to time,
2.8 Pledged for such other purposes as this
Reserve Bank or the Secretary may designate.
3.0 DEFINITIONS
For purposes of Sections 4 and 5 of this
Circular, the following definitions apply:
3.1 "Collateral" means the property,
including securities in definitive form only,
in which the Pledgor has granted a security
interest to the Pledgee.
3.2 "National Customer Service Area"
means the centralized collateral monitoring
and customer service area at the Federal
Reserve Bank of St. Louis (FRB St. Louis).
In this regard, FRB St. Louis acts as a fiscal
agent of the United States,
3.3 "Pledgee" means the United States or
another entity to which Collateral is pledged,
3.4 "Pledgor" means an entity that
has pledged Collateral held in a Restricted
Account,
3.5 "Restricted Account" means an
account at a Federal Reserve Bank (¡) used
to hold Collateral; or (ii) in which is
recorded the receipt of an advice of custody
evidencing that Collateral is held by or for
the Pledgor subject to the security interest
of the Pledgee.
2
4.0 TERMS
4.1 The following provisions set forth
terms pursuant to which this Reserve Bank
holds Collateral in a Restricted Account for
the purposes specified in Subsections 2.4.
2,5,2.6.2.7 and 2.8 of this Circular.
Additional terms, as set forth in Treasury
regulations and related documentation avail-
able from this Reserve Bank, may also apply.
4.2 The Pledgor warrants and agrees that:
(a) it is authorized under its charter and
bylaws or similar chartering documents
and under the laws of its chartering
authority to grant to the Pledgee the
security interest in the Collateral, and
such grant of the security interest does
not and will not violate the terms of
any lien or pledge agreement, any other
agreement or any law, regulation, instru-
ment,judgment or decree binding on
the Pledgor or the Collateral;
(b) it is authorized under its charter and
bylaws or similar chartering documents
and under the laws of its chartering
authority to accept and agree to be
bound by this Circular, and such
acceptance and agreement does not and
will not violate the terms of any other
agreement or applicable law;
(c) it has sufficient rights in the Collateral
to grant to the Pledgee the security
interest in the Collateral and. as of the
time of the grant to the Pledgee of the
security interest, and except as to inter-
ests Pledgor identifies in writing to this
Reserve Bank at that time, each part of
the Collateral is free and clear from any
other assignment, security interest,
pledge, lien or encumbrance, including
any financing statement or other docu-
ment filed in any public office, that is
superior to the claim of the Pledgee;
and thereafter the Pledgor will not
assign, pledge, encumber or otherwise
transfer any interest in, nor create or
suffer the creation of any lien against,
any of the Collateral without the prior
written approval of the Pledgee or its
fiscal agent;
Operating
Circular
8
(d) Collateral may be used to satisfy any
claim which the Pledgee has against the
Pledgor;
(e) it will duly execute and deliver financing
statements and such instruments and
documents, and do such acts and things,
as the Pledgee or its fiscal agent may at
any time reasonably request in order to
enforce, perfect and protect its security
interest in the Collateral and its rights
and remedies with respect to the
Collateral, and upon the request of the
Pledgee or this Reserve Bank, it will
promptly reimburse the Pledgee or this
Reserve Bank for any expense incurred
with respect to any item of Collateral,
including perfecting or maintaining
perfection of the Pledgee's security
interest, and assembling, transporting,
safekeeping, managing, inspecting, or
liquidating Collateral whether it is held
by the Pledgee, this Reserve Bank, a
third-party custodian, or the Pledgor;
(f) the information regarding the Collateral
contained in all forms or other statements
given to the Pledgee is true and complete,
and the Pledgor will immediately notify
this Reserve Bank of any change in
such information;
(g) it will allow the Pledgee or this Reserve
Bank to inspect all records of the Pledgor
relating to the Collateral and to make
and take away copies of such records; and
(h) it will promptly notify this Reserve
Bank of any claim, action or proceeding
affecting title to any portion of the
Collateral, and, at the request of the
Pledgee or this Reserve Bank, appear in
and defend, at the Pledgor's expense,
any such action or proceeding,
4.3 If the Pledgor fails to perform any
covenant, duty or agreement in accordance
with its terms, the Pledgee or this Reserve
Bank may, but shall not be obligated to,
perform or attempt to perform such
covenant, duty or agreement on behalf of
the Pledgor, and any amount expended by
the Pledgee or this Reserve Bank in such
performance or attempted performance
shall at the request of the Pledgee or this
3
..._....._--,,~--->+_._-_._--_.~~_.-
Reserve Bank be promptly reimbursed by
the Pledgor.
4.4 Regarding the shipment of Collateral:
(a) The Pledgor bears the entire risk of loss
of or damage to Collateral in transit to
and from this Reserve Bank.
(b) This Reserve Bank does not maintain
insurance on shipments of Collateral
which it makes except for limited mail
insurance on shipments of Collateral
consisting of securities that are transfer-
able by delivery, at values determined by
this Reserve Bank and at the expense of
the party on whose behalf the shipment
is made. This Reserve Bank does not
maintain insurance on Collateral which
it or another custodian holds.
(c) All postage, insurance costs and other
out-of-pocket expenses incurred by this
Reserve Bank in the shipment of
Collateral on behalf of a party will be
the responsibility of that party. The
party on whose behalf expenses are
incurred by this Reserve Bank authorizes
this Reserve Bank to debit such party's.
or its designated correspondent's,
account for all such expenses,
4.5 This Reserve Bank assumes no liability
hereunder except for its performance of the
obligations provided in this Circular, This
Reserve Bank is responsible only for the
exercise of that degree of care with respect
to the Collateral in its custody as it exercises
with respect to its own property.The Pledgor
indemnifies this Reserve Bank for any claims
of other parties with respect to Collateral
held by this Reserve Bank as custodian.
4.6 Unless otherwise agreed in writing,
this Reserve Bank is not obligated to perform
or not perform any act with respect to
Collateral. In particular, but not exclusively,
this Reserve Bank has no obligation to:
(a) act as escrow agent or in any other
capacity not expressly provided for in
this Circular;
(b) determine the validity of the pledge of
Collateral by the Pledgor to the
Operating
Circular
8
Pledgee, including whether any required
bond, pledge or security agreement has
been executed:
(c) pay assessments as provided under state
or local law: or
(d) inquire into the existence or continu-
ance of the powers or authority of a
public official who is the Pledgee or is
acting on behalf of the Pledgee or the
successors in office to any person
represented to the Reserve Bank as
authorized to act on behalf of the
Pledgee. However, the Reserve Bank
may require a certificate from the proper
authority showing that the public official,
or any person represented to the
Reserve Bank as authorized to act on
behalf of the Pledgee, is and continues
to be so authorized.
5.0 NATIONAL COLLATERAL
MONITORING &
CUSTOMER SERVICE
FOR CERTAIN
TREASURY PROGRAMS
The National Customer Service Area
("NCSA") monitors Collateral pledged
under the Treasury, Tax and Loan ("TT&L")
program (see 31 CFR Parts 203 and 380
and Federal Reserve Bank Operating
Circular 9) and Collateral pledged under 31
CFR Parts 202 (the Circular 176 program)
and 380. Collateral pledged to secure funds
under these programs is held by the
Pledgor's local Federal Reserve Bank (Le"
this Reserve Bank), which acts as fiscal
agent of the United States. A financial insti-
tution that desires to serve as a Depositary
and Financial Agent of the Federal
Government within the meaning of 31
CFR Part 202 must submit to the NCSA a
4
properly executed Depositary, Financial
Agency, and Collateral Agreement
(Appendix A) and Resolution Authorizing
Execution of the Depositary, Financial Agency,
and Collateral Agreement (Appendix B) .
The Treasury may direct the NCSA to
assume centralized monitoring and customer
service responsibilities for Collateral pledged
for other purposes (e.g., 31 CFR Parts 225
(the Circular 154 program) and 380).
5.1 Amount to be Collateralized
under 31 CFR Parts 202 (Circular 176)
and 380. For Collateral pledged under 31
CFR Parts 202 and 380, the Pledgee will
notify the NCSA of the amount a Pledgor
must collateralize. The NCSA will provide
the Pledgee monthly statements reflecting
the amount to be collateralized by each
Pledgor and the actual Collateral value pledged.
The NCSA will release excess Collateral upon
the Pledgor's request, but will not release
Collateral or proceeds if it would result in a
Collateral deficiency or if the Collateral is
needed for other Treasury purposes.
5.2 Collateral Value Monitoring.
The NCSA will monitor the total value
of Collateral pledged under these Treasury
programs throughout the day based upon
information provided by the Federal
Reserve System's National Book-Entry
System (NBESTM) and Definitive
Safekeeping System (DSS). For most
purposes the N CSA will be the service
contact point for Pledgees and Pledgors,
6.0 RIGHT TO AMEND
This Reserve Bank may amend this Circular
at any time without advance notice,
APPENDIX A
DEPOSITARY, FINANCIAL AGENCY, AND COLLATERAL AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
THAT,WHEREAS, the undersigned, a Depositary and Financial Agent of the Government under the
general designation provided in 31 CFR Part 202 (formerly Treasury Circular 176), desires to be
authorized by the Secretary of the Treasury to perform certain banking services requested by a
Government agency; and
WHEREAS, such authorization requires, and is contingent upon, the execution by the undersigned of a
"Depositary, Financial Agency, and Collateral Agreement" in such form as the Secretary of the Treasury
shall prescribe, and the giving of satisfactory security, by the pledge of collateral or otherwise, in
accordance therewith.
NOW, THEREFORE, in consideration of the foregoing facts, the undersigned agrees as follows:
1. THE UNDERSIGNED HEREBY AGREES to perform such banking services for the Government
(including, but not by way of limitation, any agency or corporation owned or controlled by the
Government, and any officer, agent, or employee thereof while acting in his official capacity), and
faithfully discharge such duties, as may now or hereafter from time to time be required by the Secretary
of the Treasury in accordance with 31 CFR Parts 202 and 380, other Treasury instructions, and the
Federal Reserve Banks' Operating Circular 8.
2. THE UNDERSIGNED FURTHER AGREES, for the purpose of insuring and guaranteeing the
faithful performance of all such services and discharge of all such duties, to pledge and at all times while
designated as above set forth, maintain the pledge of collateral security of the classes described, and
under the terms and conditions set forth, in 31 CFR Parts 202 and 380, other Treasury instructions, and
the Federal Reserve Banks' Operating Circular 8, which collateral security shall be in such amount as
may from time to time be required by the Secretary of the Treasury, and such collateral, and any addition
thereto or substitution therefore, shall be deposited with the Treasurer of the United States or with any
Federal Reserve Bank or Branch thereof acting as fiscal agent of the United States, as authorized or
designated by the Secretary ofthe Treasury.
3. THE UNDERSIGNED FURTHER AGREES that, in the event of its failure to pay, when due, the
whole or any part of the funds deposited with the undersigned, or in the event of the failure for any
reason of the Government or other appropriate person or organization to receive promptly funds to be
transmitted or otherwise handled by the undersigned in the performance of its duties as a Depositary and
Financial Agent of the Government, or in the event that the undersigned shall otherwise violate or fail to
perform any of the terms of this agreement, or in the event of the insolvency of the undersigned, or the
undersigned shall be closed for business by law or by proper corporate action, or in the event that a
receiver, or conservator, or liquidator or any other officer shall be appointed for the purpose of
terminating the business of the undersigned, the Secretary of the Treasury, without prior notice or
demand, through such agents as he may designate for the purpose, may forthwith redeem or sell the
pledged collateral, and any addition thereto or substitution therefore, or any part thereof, at either public
or private sale or sales, and apply the proceeds of such redemption or sale or sales, after deducting all
necessary or proper expense of such redemption or sale or sales, to the payment of funds deposited with
the undersigned or the repayment of funds received by the undersigned for transmission or handling, or
both, or any other indebtedness of the undersigned to the Government by reason of the above-mentioned
authorization, any surplus remaining from the proceeds of the redemption or sale or sales of such
securities after payment or repayment in full has been made, to be paid to the undersigned.
4. THE UNDERSIGNED FURTHER AGREES to be bound by (1) the provisions of the equal
employment opportunity clause set forth in Section 202 of Executive Order No. 11246 (42 U.S.c. 2000e
note), as amended by Executive Order 11375, and the regulations issued pursuant thereto (41 CFR
Chapter 60 and 10-12.8) in the manner and to the same extent as if their provisions were set forth herein,
and certifies that it does not maintain or provide for employees any facilities which are segregated on the
basis of race, creed, color, or national origin at the main office or any branch office; and (2) the
provisions of the General Services Administration regulations for the promotion of employment of
disabled and Vietnam era veterans (41 CFR Subpart 1-12.11), in the same manner and to the same extent
as if their provisions were set forth herein.
The provisions set forth in this Depositary, Financial Agency, and Collateral
Agreements are supplemented by 31 CFR Parts 202 and 380, other Treasury instructions, and the Federal
Reserve Banks' Operating Circular 8.
IN WITNESS WHEREOF, the undersigned has caused the signature of its officer below-named and its
corporate seal duly attested to be affixed hereto this day of , 20
intending to be legally bonded hereby.
Name of Bank, City, State
Bank ABAIR TN #
(SEAL)
By:
Signature & Title of Officer Executing Agreement
Attest:
Signature & Title
-. .>-_._.,~--~~._,-,
APPENDIX B
RESOLUTION AUTHORIZING EXECUTION OF
DEPOSITARY, FINANCIAL AGENCY, AND COLLATERAL AGREEMENT
THIS IS TO CERTIFY, that at a meeting of the Board of Directors of
the following resolution was duly adopted:
held on
,20_,
1. "RESOLVED, that the President, or any Vice President, or Cashier, of this bank is hereby authorized
to execute on behalf of this bank the 'Depositary, Financial Agency, and Collateral Agreement', such
execution to be under seal and with the attestation of an officer of this bank other than an officer
executing the Agreement."
2. "RESOLVED FURTHER, that any of such officers of this bank is authorized to execute in similar
fonn on behalf of this bank such agreements to supplement, amend, or modify the tenns of such
'Depositary, Financial Agency, and Collateral Agreement' as may from time to time be requested or
approved by the Secretary of the Treasury."
3. "RESOLVED FURTHER, that the
(Designate one or more officers, as desired, by title or name.)
of this bank, and each of them severally, are hereby authorized and directed, from time to time, to deposit
collateral security at the place designated by the Secretary of the Treasury of the United States in such
amounts, of such classes, and at such times as may be required by the Secretary of the Treasury, pursuant
to the tenns and conditions of the 'Depositary, Financial Agency, and Collateral Agreement' referred to
herein above, 31 CFR Parts 202 and 380, other Treasury instructions, and the Federal Reserve Banks'
Operating Circular 8, to be held for the purposes set forth in, and subject to all the tenns of such
'Depositary, Financial Agency, and Collateral Agreement', and that the said officers are further
authorized to withdraw any or all of the collateral so deposited, subject to prior approval of the Secretary
of the Treasury or a Federal Reserve Bank acting as fiscal agent, and further, to make substitutions and
exchanges in the said collateral at such times as they may deem necessary, subject to approval of the
Secretary of the Treasury or his designees."
4. "RESOLVED FURTHER, that
are hereby authorized jointly or severally to sell, assign, and transfer any or all United States or other
bonds which may be withdrawn under authority of the foregoing resolution, and to appoint one or more
attorneys for that purpose, hereby revoking any previous authorization with respect to the bonds
described herein, but not derogating from any previous authorization with respect to any other bonds."
5. "RESOLVED FURTHER, that nothing contained in this resolution shall be deemed to affect any
authority heretofore granted with respect to two percent Depositary Bonds by any resolution adopted or
any revision thereof, or to render unnecessary the adoption of such resolution in connection with
subscriptions for such bonds."
Certified By:
*
Signature
Date
(SEAL)
Type or Print Name & Title of CertifYing Officer
*The officer certifying this resolution shall have such authority and shall not be designated under
numbered paragraph 3 hereof.
CITY OF
NORTH RICHLAND HILLS
.,--
Department: Finance
Council Meeting Date: 09/13/2004
Subject: AuthorizinQ SiQnatures for PledQee SiQnature
Authorization Form, Resolution No. 2004-061
Agenda Number: GN 2004-088
As a result of City staff changes, a resolution is required authorizing signatures for the
release of pledged securities with Bank of America and the Federal Reserve Bank of
Dallas. The following are suggested to be included on the Pledgee Signature Authorization
Form with an effective date of September 13, 2004:
Patricia Hutson
Larry Koonce
Jackie Theriot
Toni VanHooser
Claudia Gomez
City Secretary
Finance Director
Accounting Manager
Accountant
Accountant
The proposed resolution authorizes the Mayor to execute the attached signature form that
will designate these individuals as City representatives.
'--.. Recommendation:
To approve Resolution No. 2004-061Which authorizes signatures for the release of
pledged securities.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget -
Other
.
Account Number N/A
Sufficient Funds Available
'--
V)
Page 1 of ...L
Resolution No. 2004- 061
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
1.
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute the Pledgee Signature Authorization Form on behalf of the governing body of the City:
Name
Title
SiQnature
Patricia Hutson
City Secretary
Larry Koonce
Finance Director
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant
Claudia Gomez
Accountant
2.
The Mayor be and is hereby authorized to execute the signature form, a copy of which is
attached hereto and made a part hereof and marked Exhibit "A", as the act and deed of this City.
PASSED AND APPROVED this 13th day of September 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
George Staples, Attorney for the City
APPROVED AS TO CONTENT AND FORM:
ce, Director of Finance
r
I
I
I
I
Announcements and Information
September 13, 2004
Council Member Jo Cox:
Announcements
Join us Saturday September 18th for the 9th Annual Paws for the Cause Walk-a-
thon to benefit the North Richland Hills Animal Adoption and Rescue Center.
The event will begin at 9:00 AM at the Animal Adoption and· Rescue Center
located at 7200 B Dick Fisher Drive. For more information, call 817-427-6570 or
visit our web site at www.nrhtx.com
The Trinity Trash Bash clean up event will be held Saturday September 18th at
Green Valley Park. For more information contact the Neighborhood Services
Department at 817-427-6650.
Information
September 25th
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Cindy Shannon, 911 Dispatcher, Police Department - Cindy Shannon was
recently named Telecommunicator of the Year by the state 911 Commission
because of the exemplary manner in which she handles 911 calls. We want to
congratulate Cindy for this outstanding achievement. She is another example of
the professional, quality employees that work for the City of North Richland
Hills.