HomeMy WebLinkAboutCC 2003-09-23 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
SEPTEMBER 23, 2003 - 5:45 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
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I NUMBER I ITEM I ACTION I
TAKEN
1. Discuss Items from Regular September 23, 2003 City
Council Meeting (5 Minutes)
2. IR 2003-103 Apartment Inspection Program (30 Minutes)
13. IR 2003-102 Update on NETS Program (10 Minutes)
4. *Executive Session - The Council may enter into closed
Executive Session to discuss the following:
Section 551.071 (2) Executive Session to conduct private
consultation with city's attorney on a matter in which the duty
of the attorney under The Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code
Deliberation Regarding Economic Development as
Authorized by Government Code §551.086-
North of Loop 820
5. Adjournment
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 23, 2003 - 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.
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NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation -
Holiday Heights Elementary - Donna
Solley, Principal
3. Pledge -
Holiday Heights Elementary - Donna
Solley, Principal
4. Special Presentations
National Sickle Cell Disease Month
Proclamation - Presented to Pearl Jones
Yard of the Month
5. Citizens Presentation
6. Removal of Item(s) from the Consent AQenda
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9/23/03
City Council Agenda
Page 2 of 3
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NUMBER ITEM ACTION TAKEN
7. Consent a. Minutes of the September 8, 2003
Agenda Council Meeting
GN 2003-113 b. Consideration of an Amendment to the
Interlocal Agreement Establishing the
Northeast Transportation Service Urban
Transit District (NETSUTD)
GN 2003-114 c. Authorizing Signature for 2004 CAPP
Electric Services - Resolution No. 2003-
072
PU 2003-042 d. Authorizing Contract with Linebarger
Goggan Heard & Sampson for Delinquent
Collections of Municipal Court Accounts-
Resolution No. 2003-075
PAY 2003-004 e. Authorize Payment to Motorola for Annual
Mobile Data Terminal Service Agreement
- Resolution No. 2003-074
PAY 2003-005 f. Authorize Payment to Motorola for Radio
Maintenance Agreement - Resolution No.
2003-073
8. PS 2003-38 Public Hearing to Consider a request from Sylvia
Thrash, Patricia and Carril Braudrick to Approve
the Final Plat of Lots 13R1 & 13R2, Block 2
Woodbert Addition (Located in the 8200 Block of
Savers Lane - .414 acres)
9. GN 2003-117 Consideration of an Ordinance Amending the
Sian Ordinance - Ordinance No. 2740
10. GN 2003-116 Approve Ordinance No. 2739 Amending Civil
Service Rule 11.03
11. GN 2003-115 Approve Traffic Calming Policy and Repealing
Road Hump Ordinance - Ordinance No. 2741
12. Action on Any Item Discussed in Executive POS1£D
Session listed on Pre-Council Aaenda "J ~
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13. Information and Reports 0.
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14. Adjournment . -
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9/23/03
City Council Agenda
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-103
ate:
9/23/03
Subject:
Apartment Maintenance Ordinance
In an effort to protect our citizens who reside in multi-family dwelling units and preserve the quality of
the neighborhoods we all live in, staff has placed a proposed Apartment Maintenance Ordinance on
the Pre-Council Agenda for discussion.
This ordinance, if adopted, will establish a centralized contact person within the building inspection
department who will inspect multi-family housing units on a bi-annual basis and will field individual
complaints raised by apartment tenants. Apartment owners/managers will be required to obtain an
operating license to operate their facilities. As a condition of the license, apartment units must be
inspected and meet minimum standards as spelled out in the ordinance. Failure to obtain and
maintain a valid Multi-Family Operating License may result in fines ranging up to $2000 depending
on the nature of the deficiencies.
Items that must be approved prior to licensing will include (but are not limited to) the following:
1. Functional heat plants that maintain 70 degree temperatures
2. Functional plumbing fixtures
3. Window screens on operable windows
4. Repair and maintenance of exterior finishes (siding, brick, etc.) and roof coverings
5. Repair and maintenance of parking lots and fire lanes
6. Repair and maintenance of stairs, hand/guardrails, porches and verandas
7. Pest extermination
8. Garbage/refuse removal
9. Site hazards
10. Overcrowding prevention
11 ,Maintenance of fire alarm/fire sprinkler systems, including the installation of battery
powered detectors where none are currently present
12. Maintenance of various site related issues such as trip hazards, holes, tree limbs, fences,
retaining walls, swimming pools, etc.
The ordinance proposes a $1.00 per month per unit fee that will be made a part of the apartment
complex's water bill.
Staff does not anticipate much opposition to arise from the adoption of this ordinance since many
cities (including neighboring cities) throughout the DFW area currently have apartment maintenance
programs in affect. Cities include Euless, Bedford, Hurst, Richardson, Farmers Branch, Arlington,
Corinth, and Fort Worth. This ordinance is closely modeled after several of those programs.
avid B. Pendley
Building Official
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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ORDINANCE NO.
4 AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES AND EST ABLISHING REGULATIONS
6 OF MULTI-FAMILY HOUSING; REQUIRING LICENSES;
EST ABLISHING MINIMUM STANDARDS; PROVIDING FOR
8 INSPECTIONS; PROVIDING FOR NOTICES; PROVIDING THAT
PROSECUTIONS FOR VIOLATIONS OF THE PRIOR PROVISIONS
10 AMENDED BY THIS ORDINANCE SHALL NOT BE AFFECTED BY THIS
ORDINANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS
12 CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
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WHEREAS,
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18 WHEREAS,
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the growing number of multi-family units in the City and the aging of such
units causes concern about their condition and occupancy; and
the regulations enacted herein are designed to ensure decent and safe
housing, and to promote the safety and welfare of citizens of the City; NOW,
THEREFORE,
22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
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Section 1:
THAT Chapter 5 of the Code of Ordinances of the City of North Rich1and
Hills, Texas, shall be amended by adding a new Article VII which shall read
as follows:
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"ARTICLE VII.
MUL TI-F AMIL Y HOUSING
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Sec 5-160.
Definitions.
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(1) Accessory building: A structure on the same lot as the main building.
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(2) Apartment: A room or suite of rooms arranged or designed to be used as a
36 residence by a single family, individual, or group of individuals.
38 (3)
Apartment building: Any structure containing five (5) or more dwelling units.
40 (4) Apartment house: Any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied as four (4) or more dwelling units or which is
42 occupied as the home or residence of four or more families living independently from each
other and maintaining separate cooking facilities.
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(5) Bathroom: An enclosed space or spaces containing one or more toilets, lavatories,
bathtubs, showers, or any combination of fixtures serving similar purposes.
(6) Bedroom: A room used or intended to be used for sleeping purposes and not as a
kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or
breezeway.
(7) Building code: The National Electric Code, International Building Code,
International Fire Code, International Mechanical Code, and International Plumbing Code,
adopted by the City of North Richland Hills which was in effect at the time of construction
of the building in question.
(8) Building official: The building official of the City of North Richland Hills and/or
any code enforcement officer of the City of North Richland Hills.
(9) Certificate of occupancy: A certificate issued by the building official authorizing
occupancy.
(10) City: The City of North Richland Hills, Texas.
(11) Current building code: The most recent edition of the National Electric Code,
International Building Code, International Fire Code, International Mechanical Code, and
International Plumbing Code, adopted by ordinance and currently in effect in the City of
North Richland Hills.
(12) Dangerous building: A structure or building where conditions exist as outlined in
Section 5-70 of the North Richland Hills Code of Ordinances.
(13) Dwelling: A structure occupied for a residential purpose.
(14) Dwelling unit: Any room or group of rooms occupied, or which is intended or
designed to be occupied as the home or residence of one individual, group of individuals,
family, or household for housekeeping purposes; such tenn includes apartments.
(15) Efficiency unit: A dwelling unit without a bedroom separate from other living
quarters.
(16) Extermination: A control and elimination of insects, rodents, and vennin.
(17) Family: Any number of persons related by blood, adoption, or marriage, or four (4)
or fewer unrelated persons living as a single housekeeping unit.
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(18) Fire chief: The Fire Chief of the City of North Richland Hills or hislher designated
representative.
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(19) Floor space: The total area of all habitable space.
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(20) Garbage: Refuse animal or vegetable wastes (as from a kitchen or food processing
8 facility), ashes, or other household waste which is damp or capable of emitting odors.
10 (21) Gross floor area: The total square feet of all floors in a building measured to the
outside faces of exterior walls or to the line of an omitted wall, whichever includes the
12 largest area.
14 (22) Habitable room: A room or enclosed floor space used, or designed to be used, for
living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet
16 compartments, laundries, pantries, foyers, communicating corridors, closets, storage or
utility spaces.
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(23) Habitable space: The space occupied by one or more persons while living, sleeping,
20 eating, or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries,
dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler
22 rooms, or basement or cellar recreation rooms.
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(24) Hot water: Hot water supplied to plumbing fixtures at a temperature of not less
than one hundred ten degrees Fahrenheit (1IOE F).
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(25) Infestation: The presence within or contiguous to a dwelling unit of insects, rodents,
28 vennin, or other pests.
30 (26) Kitchen: A space used for cooking or food preparation.
32 (27) Landlord: The owner, lessor, or sub-lessor of a dwelling or apartment building.
34 (28) License: A multi-family dwelling complex license.
36 (29) Litter: Garbage, refuse, rubbish, and all other waste material deposited on the
ground or in any place other than in an approved garbage receptacle.
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(30) Master metered apartment house: An apartment house where the occupants are
40 provided one or more utility services for which they do not pay the utility company directly.
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(31) Mobile home: Any vehicle used or manufactured to be used as a temporary or
permanent dwelling or sleeping place for one or more persons; having no foundations other
than the wheels, jacks, or skirtings; so arranged as to be integral to or portable by the mobile
home; and includes self-propelled and non-self-propelled vehicles so designed and
constructed, reconstructed, or added to by means of accessories in such manner as shall
permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for
one or more persons.
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10 (32) Multi-family dwelling complex or apartment complex: Any building or group of
buildings which provide four (4) or more dwelling units on a single platted lot, or if the land
12 on which the building or buildings is unplatted, then any building or group of buildings
which
14 provide four (4) or more dwelling units on a tract or on contiguous tracts of land under a
common ownership.
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(33) Multi-family dwelling complex license: A license issued by the building official
18 pursuant to this ordinance.
20 (34) Occupant: Any person living, sleeping, cooking, eating In, or having actual
possession of a dwelling unit.
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(35) Owner: A person claiming, or in whom is vested, the ownership, dominion, or title
to real property, including but not limited to:
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b.
The owner of fee simple title;
The holder of a life estate;
The holder of a leasehold estate for an initial term of five (5) years or more;
The buyer in a contract for deed;
A mortgagee, receiver, executor, or trustee in control of real property; and
The landlord, lessor, or sub-lessor of a dwelling or apartment building.
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d.
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(36) Person: An individual, corporation, business trust, estate trust, partnership,
34 association, two (2) or more persons having a joint or common interest, or any other legal or
commercial entity.
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(37) Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catch
38 basins, wash basins, bathtubs, shower baths, waste sewer pipes and sewerage systems,
septic tanks, drains, vents, traps, any other fuel-burning or water-using fixtures and
40 appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes.
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(38) Potable water: Water duly approved as satisfactory and safe for drinking by the
Water Utility Department of the City.
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(39) Premises: A lot, plot, or parcel of land including any structures thereon.
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(40) Property manager: A person who has managing control of real property. In a
8 condominium regime, this includes the council of owners.
10 (41) Provisional certificate of occupancy: A certificate of occupancy issued on a
temporary basis for a period of thirty (30) days unless otherwise noted by the building
12 official or his or her designated representative.
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(42) Refuse: All putrescible and non-putrescible solid waste (except body waste)
16 including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and solid market and industrial wastes.
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(43) Regular license fee: The monetary fee a multi-family dwelling complex licensee
20 must pay per dwelling unit per year.
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(44) Resident manager: An on-site manager or agent of a property manager who is the
person with whom the tenant nonnally deals concerning the rental agreement or apartment
building use of the property.
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26 (45) Rooming house: A building providing two or more sleeping rooms for rent, other
than an eleemosynary or other nonprofit institution, and other than an apartment house.
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(46) Rubbish: Non-putrescible solid waste consisting of either combustible or non-
30 combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
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(47) Secure: To lock all exterior doors and windows within twenty four (24) hours after
34 such units become vacant and exercise reasonable care to maintain such locks as necessary
to deter unauthorized entrance into any unoccupied dwelling.
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(48) Single location: Property held in common ownership that is on a single tract or on
38 contiguous tracts separated only by public streets.
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(49) Structure: That which is built or constructed; an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
(50) Swimming pool: Any structure, basin, chamber, or tank containing an artificial
body of water for swimming, diving, or physical fitness, or recreational bathing and having
a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.
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(51) Telephone answering service: A service company, mechanical service, or any other
10 service that establishes contact with or gives instructions how to establish contact with an
appropriate person when an occupant, official, or emergency response service needs prompt
12 assistance.
14 (52) Tenant: Any person who occupies a dwelling unit for living or dwelling purposes
with the landlord's consent.
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(53) Utility company: The entity providing gas, electric service, water or sanitary sewer
18 to a master metered apartment house.
20 (54) Utility interruption: The tennination of utility service to a master metered
apartment house, by a utility company for nonpayment of billed service.
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(55) Washateria: A self-service laundry room accessible to all residents and which
contains two (2) or more pairs of washers and dryers.
26 Sec. 5-161. Structural requirements.
(1) General. Buildings or structures may be of any type of construction
28 pennitted by the building code. Roofs, floors, walls, foundations and all other structural
components of buildings shall be capable of resisting any and all forces and loads to which
30 they may be subjected. All structural elements shall be proportioned and joined in
accordance with the stress limitations and design criteria as specified in the appropriate
32 sections of the building code. Buildings of every pennitted type of construction shall
comply with the applicable requirements of the building code.
34 (2) Shelter. Every building shall be weather protected so as to provide shelter
for the occupants against the elements and to exclude dampness.
36 (3) Protection of materials. All wood shall be protected against tennite damage
and decay as provided in the building code.
38 Sec. 5-162. Mechanical requirements.
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(1) Heating. Dwelling units and guest rooms shall be provided with heating
facilities capable of maintaining a room temperature of seventy degrees Fahrenheit (70E F)
at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be
installed and maintained in a safe condition in accordance with the building code, the
mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not
permitted. All heating devices or appliances shall be of an approved type.
8 (2) Electrical Equipment. All electrical equipment, wiring and appliances shall
be installed and maintained in a safe manner in accordance with all applicable laws. All
10 electrical equipment shall be of an approved type.
Where there is electrical power available within three hundred (300) feet of any building,
12 such building shall be connected to such electrical power. Every habitable room shall
contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one
14 (1) electric light fixture. Every water closet compartment, bathroom, laundry room, furnace
room and public hallway shall contain at least one (1) electric light fixture.
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(3) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances
shall be provided as required in the mechanical code and in this code. Where mechanical
ventilation is provided in lieu of the natural ventilation required by this code, such
mechanical ventilating system shall be maintained in operation during the occupancy of any
building or portion thereof.
(4) Secure vacant or unoccupied dwelling units from unauthorized entry.
Sec. 5-163. Exits.
Dwelling units or guest rooms shall have access directly to the outside or to a public
corridor. All buildings or portions thereof shall be provided with exits, exitways and
appurtenances as required by the building code.
26 Sleeping rooms below the fourth story shall have at least one (1) operable window or
exterior door approved for emergency escape or rescue. The units shall be operable from
28 the inside to provide a full clear opening without the use of separate tools.
Sec. 5-164. Fire Protection.
30 All buildings or portions thereof shall be provided with the degree of fire-resistive
construction as required by the building code for the appropriate occupancy, type of
32 construction and location on property, and shall be provided with the appropriate fire
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extinguishing systems or equipment required by the building code in effect at the time the
building was constructed.
4 Sec. 5-165. Multi-family dwelling unit owner responsibilities.
The landlord, owner, lessor, sub-lessor and property manager of a multi-family dwelling
6 unit shall each be responsible for the maintenance, structural soundness and operative
condition of all installed systems including, but not limited to, plumbing, electrical, heating,
8 air conditioning systems thereof, and shall be responsible for providing and maintaining the
following:
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(1)
Water and sewer systems;
(2) Bathroom facilities-water closet, lavatory, and shower or tub;
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(3)
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(5)
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Kitchen facilities - cooking and refrigeration appliances, including a kitchen
sink;
Windows, unless broken out by occupants, but same shall be repaired before
being occupied by new occupants;
Window screens on every operable window used for ventilation purposes
from a dwelling unit, directly to or from outdoor space, shall be equipped
with insect proof screens unless it can be verified that said screen(s) are
broken out by the tenant, but said screen(s) shall be repaired or replaced
before the dwelling unit is occupied by a new tenant;
Painting, waterproofing, and repair to prevent deterioration due to the
elements which shall include but not be limited to, loose siding with holes,
excessive cracks or rotted boards which permit air or water to penetrate
rooms, loose roof covering, holes or leaks in roof which cause damage to the
structure or rooms, rotting, sagging, or deteriorating supports for steps, stairs,
and porches;
Extermination of insects, rodents and other pests in all occupied and/or
unoccupied units of multi-family dwellings at least once per year, however,
shall be required as necessary to prevent infestations;
Central garbage and refuse disposal on the premises;
Railings for stairs, steps, balconies, porches, and elsewhere as specified in
the building code in effect at time of construction;
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(10) Repair of holes, cracks and other defects in stairs, porches, steps and
balconies reasonably capable of causing injury to a person;
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(11) Repair of holes, breaks, and loose surface materials that are health or safety
hazards in or on floors, walls, and ceilings;
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(12) Screened cross-ventilation openings of not less than one and one-half (1~)
square feet for each twenty-five (25) lineal feet of wall in each basement,
cellar, and crawl;
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(13) Eliminate any holes, excavations, sharp protrusions, and other objects or
conditions that exist on the land and that are reasonably capable of causing
injury to a person;
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(14) Eliminate holes, cracks, and repair damaged fences, retaining walls,
dumpster screening, and the like;
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(15) Fire and smoke detection systems, extinguishing appliances, fire alarm
systems, fire sprinkler systems, fire hydrants, and portable extinguishers in
accordance with state, federal and local laws. In buildings not equipped with
smoke detectors at the time of their construction, one battery powered smoke
detector shall be installed in each sleeping room and outside of each separate
sleeping area in the immediate vicinity of the bedrooms;
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(16) Securely cover or close any well, cesspool, or cistern;
(17) Drainage to prevent standing and stagnant water on the premises;
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(18) Removal of dead trees and tree limbs that are reasonably capable of causing
injury to a person;
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(19) The interior of vacant structures or vacant portions of structures free from
rubbish and garbage;
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(20) Not allow an overcrowded dwelling unit to be occupied;
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(21) Install and maintain the parking lot, fire lane and required paved areas,
including legible parking stripes and fire lanes in accordance with City
ordinances;
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(22) Air conditioning capable of cooling to twenty (20E F) degrees less inside
than outside temperatures, and function to at least fifteen (15E F) degrees
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below outside temperatures measured at a point not less than five (5) feet
from an exterior wall, five (5) feet above the floor, and not in a direct air
flow. If owner pays the electric bill, owner shall provide the required
electricity;
All swimming pools in a sanitary condition and remove all water and debris
from a swimming pool not so maintained or in accordance with Tarrant
County Health Department requirements. Decommissioned pools and
abandoned pools must be filled with clean fill dirt or pennanently covered
with approved frame and decking as required by the Building Official;
Provide and maintain all gas service lines to each dwelling unit that is heated
by natural gas or gas water-heating devices or cook stove fueled by natural
gas. If owner pays gas bills, provide necessary gas service.
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(25) Maintain floors, walls, ceilings, and all structural members in an accessory
structure, in a sound condition capable of bearing imposed loads safely;
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(26) Repair or replace all broken sewer line(s), removing all residue and treating
affected areas with a suitable disinfectant within seventy-two (72) hours of
notification.
(27) If central air conditioning is provided, it shall be operational at any time that
temperatures in any dwelling unit in the complex exceed eighty-five degrees
Fahrenheit (85E F). If central heat is provided, it shall be operational at any
time the temperature in any dwelling unit in the complex is less than sixty
degrees Fahrenheit (60E F).
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24 Sec. 5-166. Emergency Telephone Number.
The owner, or his agent or manager of a multi-family dwelling complex, shall provide to
26 each tenant an emergency telephone number which shall be answered twenty-four (24)
hours each day by an employee or agent of the owner or property manager of the multi-
28 family dwelling unit in which the tenant resides, or a telephone answering service in order
that the tenant may report emergencies which cannot wait until the first business hours.
30 Sec. 5-167. Minimum responsibilities of occupant.
An occupant shall:
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(1) Maintain those portions of the interior of a dwelling unit structure under his
control free from rubbish, garbage, and other conditions that would encourage infestation of
insects, rodents, vennin, and unsanitary conditions;
(2) Keep occupied area and all plumbing equipment and facilities provided in a
clean, sanitary condition at all times;
(3) Connect plumbing fixtures and heating equipment that the occupant supplies
in accordance with the applicable City codes;
(4) Not alter a dwelling unit or its facilities so as to create a nonconfonnity with
this code;
(5) Replace windows and screens ifbroken out during tenant's occupancy;
(6) Comply with maximum occupancy requirements specified in Section 5-172.
(7) Adhere to all applicable garbage and trash disposal standards; and
(8) Not tamper with any required fire protection apparatus.
Sec. 5-168. Multi-family license required.
(1) It shall be unlawful for any person to own, operate, manage or maintain a
multi-family dwelling complex in the city without a current and valid license having been
issued for each multi-family dwelling complex. Any person owning, operating, managing
or maintaining a multi-family dwelling complex at more than one (1) location shall obtain a
license for each separate location.
(2) An owner, or the owner's authorized agent, of a multi-family dwelling
complex shall file with the building official the trade name of his apartment complex, and it
shall be unlawful for any person to use or pennit to be used more than one (1) trade name at
a single location.
Sec. 5-169. License application, place of business, issuance, renewal and expiration.
(a) An applicant for a license shall file with the building official a written
application upon a form provided for that purpose which shall be signed by the owner,
landlord, or his or her agent or the council of owners of a condominium, or its agent. Should
an applicant own a multiple-family dwelling complex at more than one location, a separate
application shall be filed for each location. The following infonnation is required in the
application: Name, address, and telephone number of the landlord, lessor, sub-lessor,
owner, property manager, resident manager, and insurance company, trade name of
apartment complex; names and addresses of all registered agents, if any of the parties above
named are corporations; zoning categories; number of dwelling units broken down as to
number of efficiencies, one bedroom, two-bedroom, and three-bedroom; telephone number,
name, and address of a person responsible for paying utility bills.
(b) All licenses expire on the 31 st day of December of each year and shall be
renewed no later than January 1 st of the following year.
(c) The building official may, at any time, require additional relevant
infonnation of the owner or property manager to clarify items on the application.
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(d) When more than fifty (50) percent of the ownership of the apartment
complex changes or there is a change of a general partner, a new license shall be obtained
within thirty (30) days of the change by the owner. There is no fee for such a new license.
( e) The owner or licensee shall notify the City of North Rich1and Hills in writing
of each change in ownership and each change in property manager, resident manager,
and/or individual responsible for compliance with this ordinance within thirty (30) days of
the change.
(f) A condominium regime seeking a license shall provide the foregoing
information and in addition shall provide a copy of the application file marked by the
county clerk of the instrument creating the condominium regime. In addition, the
condominium regime shall name a designated agent to receive notices relating to the
premises and give the agent's street address and telephone number, as well as name the
council of owners. Such council of owners is hereby deemed to be a property manager of
the property.
(g) If an annua11icense cannot be issued at the time the application is filed a
temporary license may be issued upon payment of the license fee which shall be valid until
such time as the annua11icense is issued or the temporary license is revoked for failure or
refusal to comply with this chapter.
Sec. 5-170. License fee.
License fees will be collected with the monthly water bill(s) of the apartment facility on a
"per unit/per month" basis. No annua11icense may be issued until all requisites for it have
been met and the water utility account has been appropriately modified by North Richland
Hills Water Department. The fee for a license for any period of time is twelve dollars
($12.00) per dwelling unit per year, prorated on a monthly basis. Should additional
dwelling units be constructed on the multi-family premises after a license has been issued,
no certificate of occupancy may be issued for the new units until the regular fee per
dwelling unit has been addressed. Each washateria, clubhouse, or office may be counted as
a separate unit and charged as set forth in this section. The fee for issuing a replacement or
duplicate license is twenty dollars ($20.00).
Sec. 5-171. License display, replacement and transferability.
(a) Each license issued, pursuant to this ordinance, to a multiple-family dwelling
unit or condominium shall be posted and displayed in the business office ofthe multip1e-
family dwelling complex office or condominium office or at a conspicuous place to which
tenants have access.
(b) A replacement license may be issued for one lost, destroyed or mutilated
upon application on the form provided by the building official. A replacement license may
have the word "Replacement" stamped across its face and may bear the same number as the
license it replaces.
(c) A multi-family dwelling complex license is not assignable or transferable.
(d) The form of the license may be prepared by the building official.
.
.
.
2
Sec. 5-172. License Standards.
Continued maintenance and observance of the standards contained in this article are
4 conditions that shall be complied with in order to retain a license and to obtain any renewal
of a license. Other standards to be observed in order to secure and maintain an annual
6 license under this section:
(1) All city building, electrical, plumbing, heating and air conditioning codes in
8 effect at the time building permits were issued for the structure and health, and fire safety
ordinances shall be complied with at all times. However, when a unit or building undergoes
10 renovation or repair of its structure or system which requires a building permit, the
renovation or repair must be in compliance with the current code or codes,
12 (2) Notwithstanding the provisions of other city ordinances, the maximum
number of persons per dwelling unit in a multi-family dwelling complex is as follows:
14 (a) No more than two (2) occupants per each bedroom are permitted to
reside in a unit plus one (1) additional occupant. For example: in a one-bedroom or
16 efficiency unit, the occupancy shall not exceed three (3); in a two-bedroom unit, the
occupancy shall not exceed five (5); in a three-bedroom unit the occupancy shall not exceed
18 seven (7).
20
(b) To assist compliance with this requirement, all licensees shall display
in a conspicuous place, the following notice, the form of which shall be furnished by the
City:
22
"CITY OF NORTH RICHLAND HILLS IMPOSES THE
FOLLOWING MAXIMUM OCCUPANCY
RESTRICTIONS:
24
26
I-Bedroom or Efficiency Unit - No more than three (3)
occupants per unit.
2-Bedroom - No more than five (5)
28
occupants per unit.
3-Bedroom - No more than seven (7) occupants per unit.
30
In the alternative, licensee may display a similar notice that
establishes more restrictive occupancy maximum limitations.
.
.
.
2
(c) Licensee shall keep records that reflect the number of tenants in each unit.
Said records shall be available for review by the building official during regular working
hours and upon receipt of reasonable notice.
4
(d) It shall be unlawful and a violation of this section for an owner, property
6 manager or resident manager, to knowingly pennit or allow a violation of any of the tenns
of subsection (2) hereof.
8
(e) Occupancy maximum limitations shall not be applicable to a family residing
lOin a dwelling unit on the effective date of this ordinance nor during the time said family
continues to reside in the same dwelling unit. This exception does not apply to, pennit, or
12 allow any additional unrelated parties to reside in said occupied dwelling unit.
(f) An owner may establish a more restrictive occupancy limitation for each
14 dwelling unit within an apartment complex, provided the occupancy is based upon persons
per each established bedroom.
16 Sec. 5-173. Inspections authorized.
18
The Building Official, the Fire Chief, and the director of health services, or their designees
are authorized to make inspections to detennine the condition of dwelling units and
premises located within the city.
20 Sec. 5-174. Inspections.
(a) The Building Official, the Fire Chief, and the director of health services, or
22 their designated representatives are authorized to routinely inspect, and the owner, resident
manager, and property manager in making application for license consent and agree to
24 allow inspection, in whole or in part, as deemed necessary, at least twice a year of:
The exterior of the structures and all of the common grounds of all multi-family housing
26 complexes;
Any or all unoccupied dwelling units;
28 Any or all occupied dwelling units;
Any or all storage areas, community buildings, swimming pools, athletic facilities, club
30 rooms, equipment rooms, and all other portions of the facility not constructed as dwelling
units;
.
.
.
2
Any dwelling unit, common grounds, or other structures upon receipt of a complaint from
any person, city department or division that any dwelling unit, common grounds, or other
structure may be in violation of this ordinance; and
4
All dwelling units in all parts of the city to determine whether they are uninhabitable,
6 dangerous, or otherwise in violation of this ordinance.
(b) All complaints to the above referenced officials shall be in writing, signed
8 and dated by the complainant. A copy of this written notice shall serve as right of entry to
conduct inspections in the complainant's dwelling unit. If the complaint is in regard to the
10 common area of a condominium, the complaint shall be delivered to the person designated
by the council of owners, if any such person has been designated. A copy of the complaint
12 filed with the agent for the council of owners and submitted to the above referenced
officials shall be accepted as written notice.
14 (c) The building official, or his/her designee, and the owner, resident manager,
and/or property manager may agree on a reasonable date and time for each inspection.
16
(d) The building official, the director of health services, or fire chief upon
presentation of proper identification to the occupant in charge of any unit, may enter, with
the occupant's permission, any unit between the hours of8:00 a.m. and 5:00 p.m.; provided,
however, that in cases of emergency where extreme hazards are known to exist which may
involve imminent injury to person, loss of life, or severe property damage, the building
official, the director of health services, and the fire chief may, after presentation of proper
identification, enter the aforementioned dwellings at any time. Except in the above
referenced emergencies, whenever the building official, the director of health services, or
fire chief is denied admission to inspect any premises under this provision, inspections may
be made under the authority of a warrant issued by a magistrate.
18
20
22
24
26 With approval by the Building Official, the frequency of inspections may be reduced once
per year if the apartment complex is found to have deficiencies in less than 5% of the living
28 units.
Sec. 5-175. Enforcement.
30 (a) Remedies on reinspection. Upon reinspection, if a condition previously
identified as a violation of this ordinance continues to exist after notice has been given to
32 the owner or the owner's agent to abate the condition within a reasonable time period, the
building official, director of health services, or fire chief, or their designated representative,
34 shall have the following options:
·
2
4
6
10
12
14
16
· 18
20
22
24
26
(1)
Grant one extension if:
a.
The condition does not pose an immediate threat to life or
health safety; and
b. The owner or owner's agent has demonstrated a
reasonable attempt to comply:
8
By securing the services necessary, by contract or
signed bid, that will achieve compliance within a
reasonable time period;
But is unable to abate the conditions within the
allotted time due to unavailability of materials, labor,
utilities or by elements beyond owner's or owner's
agent's control; or
The work started will be completed within a
reasonable time.
(2)
File a complaint or complaints with the city attorney or cause a
municipal court case to be filed against the owner, owner's agent, or
occupant when the allotted time has elapsed.
(b) Revocation of certificate of occupancy and license. For failure to comply
with the terms of this ordinance after receipt of a written notice of the violation from the
building official, director of health services, or fire chief setting out the violations and in the
reasonable time allowed to rectify the violations, the owner's certificate of occupancy may
be withdrawn and the license authorized by this ordinance may be canceled for those units
or structures in violation. The building official, director of health services, or fire chief may
notify all public utility companies serving the apartment complex that the certificate of
occupancy for the units in violation has been withdrawn and request that all public utility
services be discontinued from those units in violation.
28 (c) Reinstatement of certificate of occupancy and license. The certificate of
occupancy and license, if revoked, may be reinstated or reissued by the department of
30 building inspections upon compliance with the violation notice and on request by owner,
landlord, or property manager.
32 (d) Provisional certificate of occupancy. A provisional certificate of
occupancy may be issued by the department of building inspections if utilities are necessary
·
·
·
·
2
for repairs or renovation of a unit or structure and when necessary repairs could be
perfonned in an occupied unit or building without any threat to the occupants' life or health
safety.
4
Sec. 5-176. Right of entry of the building official, fire chief, and director of health
6 services.
For the purpose of making the inspections authorized and required by the provisions of this
8 article, the building official, fire chief, and director of health services, are hereby authorized
to enter, examine and survey at all reasonable times all dwelling units and all premises
10 within the city. Should the occupant, landlord, property manager, or other person in charge
refuse entry, the inspector may secure a warrant to enter said premises.
12 Sec. 5-177. Governmental inspection fees.
The building official the director of health services, or fire chief may charge a fee of twenty-
14 five dollars ($25.00) for each building he or she is called upon to inspect by any rule or
requirement of a governmental agency other than the City of North Richland Hills. The
16 owner, owner's agent, or occupant shall pay the fee before the department of building
inspections, the director of health services, or fire chief makes an inspection.
18
Sec 5-178. Appeals to the city.
20
(a) The owner, landlord, resident manager or property manager of such
property may appeal any decision or order of the building official, if it is in conflict with the
provisions of this chapter to the Substandard Building Board by filing with the Building
Official, within seven (7) days of such decision or order, a written appeal to the city
manager on a fonn to be supplied by the building official.
22
24 (b) As soon as practicable after receiving the written appeal, the
Substandard Building Board may establish a date, time, and place for the hearing of the
26 appeal. Written notice of such date, time and place of the hearing may be given to each
appellant by the Building Official, or his or her agent, either by causing a copy of such
28 notice to be delivered to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at the address shown on the written appeal, or if none, to
30 the address shown on the last issued license.
(c) Failure of any person to file an appeal in accordance with the
32 provision of this Code is a waiver of his or her right to a hearing and the building official'
decision shall be final.
·
·
·
2
(d) Orders of the building official are stayed pending appeal.
(e) The decision of the Substandard Building Board shall be final.
4
Sec. 5-179. Records of ownership and management maintained by utility companies.
6 Before providing utility service to a new account at a master metered apartment house, a
utility company may obtain:
8
(1)
(2)
The name and address of the owner or owners of the building;
The name and address of the property manager responsible for
paying the utility bills; and
10
12
The utility company may maintain a record of the information
obtained and may make it available to the director of health
services, building official, or the fire chief.
14
(3)
The name and address of the first lien holder, if any.
16
The applicant for utility service may provide the information required herein
to the utility company.
Sec. 5-180. Notice of utility interruption.
18 (a) A utility company may make a reasonable effort (including, but not limited
to, messenger delivery) to provide notice of a pending utility interruption to tenants of a
20 master metered apartment house.
(b)
A person commits an offense if he or she:
22
Interferes with an employee of a utility company posting notices of a
utility interruption at dwelling units of a master metered apartment
house; or
24
26
Removes a notice of utility interruption posted at a dwelling unit of
master metered apartment house.
(c) It is a defense to prosecution under subsection (b)(2) that the person is a
28 resident of the dwelling unit from which notice is removed.
·
2
(d) A utility company providing gas, electricity, water or sanitary sewer may
send to the building official, a copy of each termination of service letter or notice sent to the
owner, manager, or property manager of a master metered apartment house, prior to
disconnecting service.
4
6 Sec. 5-181. Nonpayment of utility bills essential utility service.
(a) The owner or property manager of a master metered apartment house
8 commits an offense if he or she fails to pay a utility bill and the nonpayment results in the
interruption to any dwelling unit of a utility service essential to the habitability of the unit
10 and the health of the occupants. Essential utility services are gas, electric, water and sanitary
sewer.
12 (b) The owner or property manager of master metered apartment house who
violates subsection (a) is guilty of a separate offense for each dwelling unit to which utility
14 service is interrupted.
(c) It is a defense to prosecution under this section that the tenant occupying a
16 dwelling unit to which utility service is interrupted is in arrears in rent to the owner or
property manager of the master metered apartment house.
18
·
20
22
24
26
Sec. 5-182. Notice of violation.
(a) When the director of health services, the building official, or the fire chief
determines that there is a violation of this chapter they may give notice of the violation to
the owner, property manager, or the person responsible. The notice shall be in writing,
specifying the alleged violations and providing a reasonable length of time for compliance.
Notice to the owner or property manager of or any other person having a vested interest in a
multi-family dwelling complex shall be effective upon placing it in the U.S. Mail, postage
prepaid, and addressed to the name and address shown on the multi-family dwelling
complex application for the current multiple-family dwelling complex license or in hand
delivery.
28 (b) If the owner or property manager of the property resides outside Tarrant
County, the director of health services, the building official, or the fire chief, may give
30 notice to the property manager or on-site property manager. Upon receipt of a notice of
violation, a property manager or on-site property manager, shall notify the owner of the
32 specifics of the notice of violation and shall make every reasonable effort to have the owner
or property manager correct the violation.
34
·
.
2
(c) The director of health services, building official or the fire chief have the
authority to enforce the provisions of this ordinance."
4 Section 2:
6
8
10
Section 3:
12
14
16
18 Section 4:
. 20
22
Any person, firm or corporation violating any provision of this ordinance
dealing with safety 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). All other violations shall be punishable by a fine not exceeding
Five Hundred Dollars ($500.00). Each day any such violation shall be
allowed to continue shall constitute a separate violation and punishable
hereunder.
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.
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 5: This ordinance shall be in full force and effect immediately
upon passage.
AND IT IS SO ORDAINED.
24
PASSED AND APPROVED this _ day of
26
28
30
ATTEST:
32
34
.
,2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
.
.
.
2
4
Patricia Hutson, City Secretary
.
.
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2
4
6
8
10
12
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-102
~ Date: September 23, 2003
T Subject: Update on NETS Program
Effective Monday September 29, 2003, the Fort Worth Transportation Authority (The T) in
cooperation with the American Red Cross will provide transportation service for the NETS
program. The American Red Cross will be responsible for the provision of day to day service
to users of the NETS program, and the T will be responsible for administration of the program
in cooperation with the board of the NETS Urban Transit District. This is a three-year contract
with the option to renew for two additional years. Contracting with a new service provider will
allow the NETS program to double the number of passenger trips provided annually at
roughly the same cost.
Staff of each of the cities that participate in the NETS program have been working with
representatives from the T, the American Red Cross, the YMCA and TXDOT to insure a
smooth transition of this program that is critical to its riders. The American Red Cross will
provide trips to existing members of the NETS program beginning next week using 5 of the
vehicles that the YMCA was using to provide this service. The NETSUTD requested and
received grant funds from the state and the federal government to replace vehicles, and the
NETSUTD board expects to provide six new vehicles to the NETS program over the next few
months. As the new vehicles are added to the fleet and as the American Red Cross gains
experience with this program, they will begin to add riders to the program. The T and
American Red Cross propose to provide just over 26,000 passenger trips in fiscal year
2003/2004 with a maximum operating cost of $496,202. In comparison, in fiscal year
2001/2002 the YMCA provided 13,919 passenger trips with an operating cost of $489,393.
We are gaining efficiencies with the new service provider that will allow the NETS program to
improve its service delivery and reliability.
We look forward to discussing this with you in the pre council work session. Please feel free
to contact Paulette Hartman or me should you have any questions.
Respectfully submitted,
~l~
City Manager
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
·
YARD-OF-THE-MONTH WINNERS
SEPTEMBER, 2003
AREA 1 Bill & Pat Whisenant. 3733 Holland
AREA 2 Jerry & Sandra Jackson. 6736 Victoria Ave.
AREA 3 Larry & Cheryl Plunkett. 6312 Meadow Lakes Dr.
AREA 4 C.G. & Jenna Mathews 7721 Terry Dr.
AREA 5 Dr. Ram K. Sharma. 5967 Lakewav
· AREA 6 Larry & Suzv Compton. 6737 Brittanv Park
AREA 7 Arthur & Wretha Denys. 8332 Thorncrest Ct.
AREA 8 Mike & Wendy Wilson. 7620 Doualas Lane
AREA 9
Svlvia Little & Mike McBurnev. 8128 Pecan Ridae Dr.
Texas SmartScape Winner Peter Hillier. 8636 Kensinaton
Business Landscape Winner Meadow Lakes Retirement Community.
5000 Meadow Lakes Dr..Wendv Earnev. Marketina Dir.
Special Recognition
Oaena Collins. 7528 Circle Drive
·
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 - SEPTEMBER 08, 2003
e
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills,. Texas met in Pre-Council session
on the 8th day of September, 2003 at 5:30 p.m. in the Pre-Council Room prior to the
7:00 regular Council meeting.
Present:
Oscar Trevino
Joe D. Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Timothy J. Welch
e
Staff Members: Larry J. Cunningham
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Jim Browne
Dave Green
Lance Barton
Jimmy Cates
Call to Order
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
City Attorney
Director of Economic Development
Finance Director
Public Works Director
Communications Director
Parks & Recreation Director
Planner
Assistant Public Works Director
Public Works Streets Superintendent
Mayor Trevino called the Pre-Council meeting to order at 5:32 p.m.
1. Discuss Items from Reaular September 08.2003 City Council Meetina
None.
2. IR 2003-096 Update on Reaional Rail Corridor Study
Mr. Pitstick advised that the Mayor had appointed Councilmen Welch and Turnage as
e members of the Cotton belt Study Team to represent the city on future decisions for a
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City Council Minutes
September 08, 2003
Page 2
rail site. Mr. Pitstick introduced Mr. Tom Marking, transit consultant, with S.R. Beard &
Associates. Mr. Marking was hired to assist the city. Mr. Marking presented a
PowerPoint presentation giving a general overview of transit issues and possible
locations in the city for rail station sites. Three areas were identified - 1) Northeast
Loop 820 /Industrial Park Boulevard; 2) Tecnol Boulevard and 3) Smithfield / Davis.
Council was advised that the location of future sites will be determined by regional rail
study findings other criteria. Staff asked for consensus from the Council on continuing
to pursue possible rail station sites within the City and to authorize Councilmen Welch
and Turnage to represent North Richland Hills in the process. Council was advised that
major employers such as HomeTown, Tarrant County College, UICI, North Hills
Hospital and Bates Container would also be invited to be involved in this process and
attend the next rail committee meeting. The consensus of the Council was to support
the project and authorize Councilmen Welch and Turnage to represent the City on the
committee.
3. IR 2003-097 Development of Traffic Calmina Policy
Mr. Curtis gave a PowerPoint presentation of the proposed traffic calming policy. Mr.
Curtis identified the assumptions used to develop the policy and gave an overview of
the key elements in the policy. The policy groups the traffic calming measures into four
levels. Level 1 represents those measures that require no physical change to the
street. Level 2 measures require no permanent physical change to the street. The City
is 100 percent responsible for the cost of any traffic calming measure selected in Levels
1 and 2. Level 3 measures will physically change the street, but do not force the
motorist to seek a different route. The cost participation for a Level 3 measure is
proposed to be a 50/50 split (city/neighborhood). Level 4 measures would require the
motorist to seek alternate routes and are likely to include large costs to implement. It is
proposed that the neighborhood be 100 percent responsible for any Level 4 measure
selected. City Staff will select the appropriate measure as outlined by the policy and
possible solutions will always start with Level 1 measures. The Council discussed the
cost particiaption by the citizens with a couple of members expressing concerns with
charging the citizens 100 percent of the cost. Council also expressed concern with
installing devices that would hinder emergency vehicles. Councilman Welch suggested
adding an additional column to the brochure reminding citizens to watch their speed,
the Police Department will be enforcing the speed limit, and new state laws will also be
penalizing individuals receiving citations. Levels 3 and 4 measures call for a petition
that requires 95% of all residents to sign with 80% of the signatures in favor for Level 3
and 95% in favor for Level 4. Council discussed the difficulty in obtaining 95%
signatures. Council agreed that 80% signatures in support was sufficient and the 95%
requirement should be eliminated. Policy will be brought back to Council with changes
as discussed for formal action at a future council meeting.
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City Council Minutes
September 08, 2003
Page 3
4. IR 2003-095 Discuss Date for Joint Meetina with Richland Hills for South Grapevine
Hiahway
Council discussed possible dates for a joint work session with the Richland Hills City
Council to adopt and prioritize specific strategies for the South Grapevine Corridor
Study. Council agreed to a joint work session on October 20 at 6:00 p.m. at Richland
Hills. Mr. Pitstick inquired as to a second date should a second work session be
necessary. Council agreed to not set a date for a second session at this time and if one
should become necessary, to discuss possible dates at the joint work session with
Richland Hills.
5. Executive Session
Mayor Trevino announced at 6:30 p.m. that Council would adjourn to Executive Session
to deliberate land acquisition at two locations in the area of Rufe Snow south of Loop
820 and in the area of Rufe Snow north of Mid Cites Boulevard as authorized by
Government Code §551.072. Formal action was taken during the regular council
meeting.
6. Adjournment
Council adjourned to the regular Council meeting at 7:00 p.m.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order September 08, 2003 at 7:10p.m.
ROLL CALL
Present:
Oscar Trevino
Joe D. Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Timothy J. Welch
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
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City Council Minutes
September 08, 2003
Page 4
Staff:
Larry J. Cunningham
Greg Vick
Karen Bostic
Patricia Hutson
George Staples
City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Attorney
2.
INVOCATION
Madeline Orr and Nick Hodgson, students from Green Valley Elementary gave the
invocation.
3.
PLEDGE OF ALLEGIANCE
Madeline Orr and Nick Hodgson, students from Green Valley Elementary led the pledge
of allegiance.
4.
SPECIAL PRESENTATIONS
IR 2003-094 DISTINGUISHED BUDGET PRESENTATION AWARD
Ms. Anita Thetford, Director of Finance, City of Hurst, and representing the Government
Finance Officers Association presented to Ms. Karen Bostic, Managing Director
Administrative/ Fiscal Services, and Ms. Margaret Ragus, Budget Analyst, the
Distinguished Budget Presentation Award.
5.
CITIZENS PRESENTATION
The North Richland Hills City Council recognized City Manager Cunningham for 10
years of service with the City and presented Mr. Cunningham with certificate of service
and service award.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
City Council Minutes
September 08, 2003
Page 5
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7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
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A. MINUTES OF THE AUGUST 25, 2003 COUNCIL MEETING
B. PS 2003-41 CONSIDERATION OF A REQUEST FROM H&H CAPITAL LTD
PARTNERSHIP TO APPROVE A FINAL PLAT OF LOT E-R, BLOCK 14
RICHLAND TERRACE ADDITION (LOCATED IN THE 7700 BLOCK OF
MAPLEWOOD AVENUE) - .637 ACRES
C. GN 2003-108 AMEND THE SOLID WASTE CONTRACT TO CHANGE THE
BILLING DATE FOR COMMERCIAL GARBAGE ACCOUNTS - RESOLUTION NO.
2003-070
D. PU 2003-039 CONTRACT EXTENSION WITH SOUTHWEST GENERAL
SERVICES, INC. FOR THE BILLING AND COLLECTION OF EMS - RESOLUTION
NO. 2003-068
E. PU 2003-040 AWARD OF BID TO ALEXANDER'S LANDSCAPE AND
IRRIGATION IN THE AMOUNT OF $111,488 FOR THE 2003 & 2004 TREE
PLANTING PROJECT, AMEND THE FY 2003-04 CIP BUDGET AND APPROVE
RESOLUTION NO. 2003-069
F. PU 2003-013 AWARD OF BID TO CRAIG OLDEN, INC, IN THE AMOUNT
$603,702.00 FOR THE WALKER BRANCH CHANNEL DRAINAGE
IMPROVEMENTS INCLUDING CALLOWAY BRANCH CHANNEL
IMPROVEMENTS, PHASE III (DREDGING)
COUNCILMAN WELCH MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 7-0.
8.
PS 2003-35 CONSIDERATION OF A REQUEST FROM WINKLEMAN &
ASSOCIATES TO APPROVE THE FINAL PLAT OF UICI DRIVE ADDITION
(LOCATED IN THE 6300 BLOCK OF SIMMONS DRIVE) - .80 ACRES
APPROVED
Mr. Michael Clark, Winkelman and Associates and representing UICI, presented final
plat of the UICI Drive Addition. Mr. Clark advised that the agreement requested by the
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City Council Minutes
September 08, 2003
Page 6
Planning and Zoning Commission with the property owner to the south had been given
to Staff earlier in the evening.
Mr. Dave Green presented the case summary and recommendations of the Planning &
Zoning Commission and Staff. The purpose of the plat is to provide a secondary
means of access to the existing and future UICI development located east of the site.
The roadway being platted with this final plat is on the Thoroughfare Plan. The
Planning & Zoning Commission and Staff recommend approval.
COUNCILWOMAN JOHNSON MOVED TO APPROVE PS 2003-035. COUNCILMAN METTS
SECONDED THE MOTION.
Motion to approve carried 7-0.
9.
PZ 2003-17 PUBLIC HEARING TO CONSIDER A REQUEST FROM RIVERCROWN
INVESTMENTS FOR A ZONING CHANGE FROM "R-2" RESIDENTIAL TO "PD"
PLANNED DEVELOPMENT FOR "HC" HEAVY COMMERCIAL (LOCATED IN THE
4800 BLOCK OF SUSAN LEE LANE) - .7354 ACRES - ORDINANCE NO. 2735
APPROVED
Mayor Trevino opened the Public Hearing.
Mr. Ron Huggins, applicant, 7551 Northeast Loop 820, presented his request for a
proposed expansion to the Huggins Honda Dealership on the back portion of the
property. The primary use would be for employee parking and warehousing inventory.
Mr. Dave Green, Planner, advised the request is for Planned Development zoning. The
applicant previously requested approval for HC zoning earlier in the year and was
denied by Council. The Council felt that a request for PD zoning was preferred. The
previous request involved seven lots and the current request has expanded to nine lots.
The applicant has provided the required 15-foot landscape buffer along all exterior
boundaries that are adjacent to residential zoning and the 15-foot landscape setback
required along the Susan Lee frontages. Within the buffers and setbacks the applicant
has exceeded the ordinance requirements. The applicant is required to provide a
minimum 6-foot masonry wall along all exterior boundaries adjacent to residential
zoning. The site plan shows a six foot masonry fence along the east and north
boundaries of the site with brick columns and concrete mow strips along the bottom of
each panel. The portions that parallel the Susan Lee right of way reflect ornamental
metal fencing identical to the one approved in Phase I. The issue of the placement of
the screening wall along the eastern boundary has been resolved. There was concern
of the need to move the screening wall to prevent building the wall over the top of an
existing sewer line. Staff and the applicant's engineer have located the sewer line on
the residential side of the easement and as a result the applicant has moved the
location of the screening wall to just inside the common property line making the need
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City Council Minutes
September 08, 2003
Page 7
for an access gate requested by the Planning & Zoning Commission unnecessary. The
Planning & Zoning Commission and Staff recommend approval of the request.
Councilwoman Johnson questioned the landscaping variance. Councilwoman Johnson
expressed concerns with there being adequate landscaping on Phase I and felt Council
should apply the same landscaping requirements for Mr. Huggins' property as Council
required of the Five Star Ford property.
Mayor Pro Tern Tolbert inquired as to the location of the lights and questioned what
could be done to alleviate noise concerns caused by the speaker system. Staff advised
that an internal radio system could be used instead of an outside speaker system.
Council also questioned whether Mr. Huggins planned to install canopies. Council was
advised that he did not have any immediate plans for installing canopies and that he
was in the process of replacing the current faded and damaged canopies at the
dealership.
Councilwoman Johnson questioned if the item could be approved without the
landscaping. and Mr. Huggins be required to return with landscaping on Phases 1 and 2.
Mayor Trevino advised that when Council denied Mr. Huggins request earlier in the
year, Council assured Mr. Huggins they would not tie the two pieces of property
e together.
Mr. Staples advised Council the only option was to either approve all or deny all.
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Mayor Trevino called for anyone wishing to speak in favor to come forward.
Mr. Ernest Hedgecoth, engineer for applicant, advised that they had exceeded the
landscape requirements for Phase I.
Mayor Trevino called for anyone wishing to speak in opposition to come forward.
Mr. Steve Hediger, 4825 Susan Lee Lane, advised he would like to see the construction
handled in a better manner than the past construction. Mr. Hediger advised the
neighborhood has experienced problems with construction debris, open sewer lines,
and other code enforcement issues.
Mr. Johnnie Latham, 4824 Susan Lee lane, commented he had not heard anything
about a complete development plan for the dealership and questioned if the
development was going to be piecemealed.
There being no one else wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2735 AND PZ 2003-17.
COUNCILMAN LEWIS SECONDED THE MOTION.
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September 08, 2003
Page 8
MAYOR PRO TEM REQUESTED THE MOTION BE AMENDED - NO OUTDOOR SPEAKERS ALLOWED
IN PHASE II IN THE PLANNED DEVELOPMENT AREA.
COUNCILMEN WHITSON AND LEWIS ACCEPTED THE AMENDMENT.
Councilwoman Johnson expressed her concerns with the landscaping.
Motion to approve carried 6-1; Mayor Pro Tern Tolbert, Councilmen Lewis, Turnage,
Metts, Whitson and Welch voting for and Councilwoman Johnson voting against.
10.
PZ 2002-27R1 PUBLIC HEARING TO CONSIDER A REQUEST FROM QUIKTRIP
CORPORATION FOR A REVISION TO AN APPROVED SITE PLAN (LOCATED IN
THE 6300 BLOCK OF DAVIS BOULEVARD) - ORDINANCE NO. 2736
APPROVED
Mayor Trevino opened the public hearing.
Mr. Chad Stanford, representing QuikTrip, advised that earlier in the year they had
received approval for a special use permit and site plan for a convenience store with
24-pump gasoline facility. Mr. Stanford advised they are now requesting some
variations to the site plan. The following variations are being requested -
· remove the cross-access lane from the adjacent lot to the west, the rear parking
spaces and the rear entry public doorway
· reduce the total initial number of pumps from 24 to 20
· removal of one QuikTrip wall sign and logo sign from the rear of the building (facing
Mid-Cities Boulevard).
Mr. Stanford advised that there would be no reductions in landscaping.
Mr. Dave Green, Planner, presented the case summary and advised the Planning &
Zoning Commission and Staff recommend approval.
The Council asked Mr. Stanford if the canopy size would remain the size with the
reduction in pumps. Mr. Stanford advised the canopy would be decreased accordingly
and expanded at a future date when the additional pumps are installed. There was
discussion on the applicant needing to return to Council for approval of future additional
revisions to the site plan. Should the applicant decide to develop the property as
originally approved by Council, the applicant would be required to submit a revised site
plan for approval.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
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Page 9
Mr. Stanford was concerned that with the approval of this request, a re-approval of the
first site plan would be required. Mr. Stanford did not realize that the revised site plan
would eliminate the first site plan.
Mr. Staples advised the Council they could leave the existing development plan alone
and approve the revised site plan as a phase of the original site plan.
There being no one wishing to speak for or against the request, Mayor Trevino closed
the public hearing.
MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2736 WITH THE FOLLOWING
CHANGE - APPROVED AS FIRST PHASE OF DEVELOPMENT AND AS PART OF THE ORIGINAL SITE
PLAN. COUNCILMAN TURNAGE SECONDED THE MOTION.
Motion to approve carried 7-0.
11.
GN 2003-109 CONTRACT AUTHORIZING PASS-THROUGH STATE GRANT
AGREEMENT FOR NORTHEAST TRANSPORTATION SERVICES (NETS)
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, explained the item is to authorize a
contract to allow the City to act as pass-through for grant funds providing for the funding
for the Northeast Transportation Service (NETS).
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-109 AUTHORIZING THE CONTRACT
TO ALLOW THE CITY TO ACT AS PASS THROUGH UNTIL AUGUST 31, 2004. COUNCILMAN
WELCH SECONDED THE MOTION.
Motion to approve carried 7-0.
Mayor Pro Tern Tolbert recognized Mr. Jonathan Romrell, Troop 348, who is working
on his citizenship in community merit badge.
12.
GN 2003-110 APPOINTMENT TO THE NORTHEAST TRANSPORTATION
SERVICES URBAN TRANSIT DISTRICT BOARD OF DIRECTORS
APPROVED
Ms. Paulette Hartman, Assistant to City Manager, advised Council approved an
interlocal agreement last year establishing the Northeast Transportation Services Urban
City Council Minutes
September 08, 2003
Page 10
e Transit District (NETSUTD). The City Managers of each of the participating cities were
appointed to the board of directors to oversee the operations of the Northeast
Transportation Services. The first year of the NETSUTD ends September 30 and a
new member needs to be appointed to the board. Staff is recommending that the City
Council appoint the City Manager or his designee as the City's representative for fiscal
year 2003/04 in order to provide continuity to the board in its second year as the district
enters into a contract with the new service provider.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-110 ~PPOINTING THE CITY
MANAGER OR HIS DESIGNEE TO THE NETSUTD BOARD OF DIRECTORS. MAYOR PRO TEM
TOLBERT SECONDED THE MOTION.
Motion to approve carried 7-0.
13.
GN 2003-111 APPROVAL OF NEW COMMITTEE MEMBERS
TO THE YOUTH ADVISORY COMMITTEE
APPROVED
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Ms. Paulette Hartman, Assistant to City Manager, advised the Youth Advisory
Committee has six returning members that are completing the 2nd year of their two-year
term. The following members are being recommended for appointment to a one-year
term - Tanya Healty, Richland High School Senior, and Jake Fields, Birdville High
School Senior. The committee's main goal is recruitment to fill the remaining vacant
positions and they will be bringing forward for Council approval new appointments to fill
the board.
COUNCILMAN LEWIS MOVED TO APPROVE GN 2003-111 APPROVING THE RECOMMENDATIONS
SUBMITTED BY THE COMMITTEE. COUNCILMAN TURNAGE SECONDED THE MOTION.
Motion to approve carried 7-0.
14.
GN 2003-112 APPROVAL OF APPOINTMENT TO THE
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
APPROVED
Mr. John Pitstick, Economic Development Director, advised staff is recommending the
appointment of Laurie Dunlop, North Hills Mall Manager, to the Economic Development
Advisory Committee. Her term will expire August 2004.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2003-112. COUNCILMAN WHITSON
SECONDED THE MOTION.
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Motion to approve carried 7-0.
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Page 11
15.
PW 2003-014 APPROVE INSTALLATION OF A SIGNAL LIGHT AT THE
INTERSECTION OF NORTH TARRANT PARKWAY AND SMITHFIELD ROAD &
DECLARING ALL EXISTING TRAFFIC CONTROL DEVICES OFFICIAL -
ORDINANCE NO. 2738
APPROVED
Mr. Mike Curtis, Public Works Director, advised the proposed ordinance approves the
installation of a traffic signal at the intersection of Northeast Tarrant Parkway and
Smithfield Road. The signal will be temporary and will be replaced with a permanent
signal upon the completion of the widening of North Tarrant Parkway.
COUNCILMAN WELCH MOVED TO APPROVE PW 2003~014, ORDINANCE No. 2738.
COUNCILWOMAN JOHNSON SECONDED THE MOTION.
Motion to approve carried 7-0.
16.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
A) LAND ACQUISITION - TWO (2) LOCATIONS IN AREA OF RUFE SNOW SOUTH
OF LOOP 820
Assistant City Manager Greg Vick advised staff presented to Council the acquisition of
an additional 40-foot strip of land adjacent to the south property line of Fire Station No.
2 at a cost of $1.00 per square foot.
MAYOR PRO TEM TOLBERT MOVED TO APPROVE THE RECOMMENDATION OF STAFF TO ACQUIRE
THE ACQUISITION OF AN ADDITIONAL 40-FOOT STRIP OF LAND SOUTH OF THE CURRENT FIRE
STATION (FIRE STATION No.2). COUNCILMAN METTS SECONDED THE MOTION.
Motion to approve carried 7-0.
B) PU 2003-041 LAND ACQUISITION IN THE AREA OF RUFE SNOW NORTH OF
MID CITIES BOULEVARD - RESOLUTION NO. 2003-071
Assistant City Manager Greg Vick advised staff presented to Council a site for a park
located at the proposed Graham Ranch Subdivision consisting of approximately 3.5
acres at a price of $350,000 plus peripheral development costs.
COUNCILMAN WELCH MOVED TO DENY PU 2003-041. COUNCILMAN WHITSON SECONDED THE
MOTION.
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Page 12
Motion to deny failed 3-4; Mayor Pro Tern Tolbert and Councilmen Welch and Whitson
voting for denial and Councilmen Lewis, Turnage, Metts and Councilwoman Johnson
voting against denial.
COUNCILMAN TURNAGE MOVED TO APPROVE PU 2003-041. COUNCILMAN METTS SECONDED
THE MOTION.
Motion to approve carried 4-3; Councilmen Lewis, Turnage, Metts and Councilwoman
Johnson voting for and Mayor Pro Tern Tolbert and Councilmen Whitson and Welch
voting against.
17.
INFORMATION AND REPORTS
Màyor Pro Tern Tolbert made the following announcements:
The Philharmonic Winds will be performing at the NRH Library as part of the
M~sterWorks Series. The concert will be held on Tuesday, September 9th. The
performance is free and begins at 7:00 p.m.
Join us at the Trinity Trash Bash on Saturday, September 13. Volunteers are needed
for this community litter cleanup. Keep NRH Beautiful will supply registered volunteers
with gloves, trash bags, patches for scouts, lunch and entertainment! Call 817-427-
6650.
Information
Auaust 13
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.
Phyl Baloga, Secretary, Economic Development Department - A note was received
from a neighboring city business thanking Baloga for being courteous and
accommodating when she provided the information he requested.
Councilman Turnage gave an update on the RSpirit Awards Dinner and recognized
Donna Carpenter, Building Services, as the recipient of the Employee of the Year
award.
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Page 13
18.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:47 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
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CITY OF
NORTH RICHLAND HILLS
epartment: Administration
Council Meeting Date: 9/23/2003
Subject: Consideration of an Amendment to the Interlocal AQreement Agenda Number GN 2003-113
Establishing the Northeast Transportation Services Urban
Transit District (NETSUTD)
In September 2002 the City Council approved an Interlocal Agreement with the cities of
Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst and Keller to establish the
Northeast Transportation Services Urban Tra"nsit District (NETSUTD) to oversee the
operation of the Northeast Transportation Services (NETS) program. At the last NETSUTD
meeting, the board voted unanimously to amend the interlocal agreement to more
accurately reflect the arrangement of the parties, and to allow for provisions of the service
contract between the NETSUTD and the Fort Worth Transportation Authority. A draft of the
amendment to the Interlocal Agreement is attached.
This amendment changes two sections of the Interlocal Agreement. The first revision to
Section IV, 1.1. deletes verbiage that requires the service provider to operate from an office
located within one of the eight member cities that are part of the NETSUTD. This revision
allows the new service provider, the American Red Cross, to operate from its office in Fort
Worth. The NETSUTD Board felt this was a reasonable modification given the location of
the American Red Cross office and its close proximity to Northeast Tarrant County. The
second revision clarifies the manner by which local funds are provided to the NETS
program by adding a clear statement to Section IV,4.,a. of the agreement that the local
governments will provide $0.50 per capita annually for the local share of NETS operating
cost. This has been the arrangement since the inception of the NETS program, but it was
not clearly stated in the Interlocal Agreement that established the NETSUTD.
Recommendations:
Approve Addendum No.1 to the NETS Urban Transit District Interlocal Agreement.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
I£,J,~ þ~
· Department Head Signature
Account Number
Sufficient Funds Available
Budget Director
Finance Director
~{i::::¢
Page 1 of ~
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ADDENDUM NO.1 TO INTERLOCAL AGREEMENT
FOR THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT
WHEREAS, the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller,
and North Richland Hills (previously entered into an Interlocal Agreement in September 2002, to
create an urban transit district (hereinafter referred to as the "Agreement"); and
WHEREAS, the parties to the Agreement wish to amend the Agreement to more accurately
reflect the arrangement of the parties; and
WHEREAS, the governing bodies of the parties hereto have authorized their undersigned
representatives to enter into this Addendum.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the receipt and sufficiency of which are hereby affirmed, it is
agreed that:
SECTION I. All matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION II. Revisions to the Agreement.
A. Section IV, 1. f. of the Agreement is hereby deleted. All remaining provisions of
. this subsection remain in effect, and are renumbered accordingly.
B. Section IV., 4, a. of the Agreement is hereby amended in its entirety and
replaced as follows:
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"The local governments will provide $.50 per capita on an annual basis for the local share of
operating cost. In addition, the cities may provide other contributions, in funds or in-kind, to the
NETSUTD for the enhancement of the system. The NETSUTD may use such contributions as
matching funds as allowed by law."
SECTION III. All other provisions of the Agreement shall remain in full force and effect.
SECTION IV. Effective Date and Term
This Addendum shall take effect when adopted by both the City Councils of each of the
participating local governments.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty
authorized representatives.
SIGNED AND AGREED TO this
day of
2003.
1
LOCAL GOVERNMENTS:
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. CITY OF BEDFORD CITY OF COLLEYVILLE
By: By:
R.D. Hurt, Mayor Joe Hocutt, Mayor
CITY OF EULESS CITY OF GRAPEVINE
By: By:
Mary Lib Saleh, Mayor William D. Tate, Mayor
CITY OF HAL TOM CITY CITY OF HURST
By: By:
Clavin White, Mayor William D. Souder, Mayor
CITY OF KELLER CITY OF NORTH RICHLAND HILLS
.
By: By:
Julie Tandy, Mayor Oscar Trevino, Mayor
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CITY OF
NORTH RICHLAND HILLS
partment: Administration
Council Meeting Date: September 23, 2003
Subject: AuthorizinQ SiQnature for 2004 CAPP Electric Services
Resolution No. 2003-072
Agenda Number:
GN 2003-114
For each of the past two years, many cities in Texas have banded together through CAPP
(Cities Aggregation Power Project) to purchase their electricity under the new electric
deregulation rules. For the 2004 year, about 80 entities are joining together for this
purchase. This represents the third year for the City of North Richland Hills to participate
in CAPP and achieve electrical savings by such participation.
The proposed Resolution authorizes the City Manager or his designee to sign a contract
when the prices become available, hopefully in October or November.
If you have questions, please feel free to contact Greg Vick.
RECOMMENDATION: To adopt Resolution No. 2003-072.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~)(2ß,
artment Head Signature
Finance Director
P:::¡nA 1 nf
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RESOLUTION NO. 2003-072
A RESOLUTION OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY
AGREEMENT PURSUANT TO THE CONTRACT TO BE
SIGNED BY CITIES AGGREGATION POWER PROJECT,
INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE
JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEES
TO INCLUDE THE CHAIRMAN OF CAPP
WHEREAS, the City of North Richland Hills, Texas (City) is a member of
Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision
corporation dedicated to securing electric power for its more than 80 members in
the competitive retail market; and
WHEREAS, CAPP negotiated favorable contract terms and a reasonable
commodity price for delivered electricity in 2002 and 2003 for its members; and
.
WHEREAS, CAPP anticipates preserving current contract terms and
achieving commodity prices in a contract for a 12 to 24 month period effective
January 1, 2004 that continue to produce savings over the regulated price to beat
(PTB); and
WHEREAS, CAPP believes that the pricing opportunity window for
favorable 2004-2005 deliveries will be short-lived (in the October to mid-
November time period) and that CAPP members must be able to commit
contractually to prices within a 24-hour period in order to lock-in favorable prices;
and
WHEREAS, experiences in contracting for 2002-2003 demonstrated that
Retail Electric Providers demand immediate response to an offer and may
penalize delay with higher prices; and
WHEREAS, the deregulated electric market is complex, likely to penalize
those unaware of its transmission constraints and likely to reward those who can
improve the size and shape of the particular load to be served and the City
benefits from jointly shared experience and collective purchasing power through
CAPP; and
WHEREAS, it is necessary for the City to contract for a supply of
electricity for 2004 or at least partially revert to PTB rates; and
WHEREAS, CAPP's current delivered energy prices provide savings
when measured against PTB, and PTB rates likely will continue to remain higher
e than prices CAPP can achieve on behalf of the City.
. .
. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
1. That the City Manager or his designee is hereby authorized to sign an
electric power agreement pursuant to the contract approved and recommended by the
CAPP Board of Directors within 24 hours of said approval and recommendation. The
designee may include the Chairman of CAPP. The contract may be for a 12 to 24
month time frame.
2. A copy of the resolution shall be sent to Mary Bunkley with the City
Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPP, before
October 8,2003.
PASSED this 23rd day of September, 2003, by the City Council of the City of
North Richland Hills, Texas.
Oscar Trevino, Mayor
. ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM:
George Staples, City Attorney
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,
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CITY OF
NORTH RICHLAND HILLS
Department: Municipal Court
Council Meeting Date: 9/23/2003
Subject: Approval of Contract for Collection of Municipal Court Delinquent
Accounts - Resolution No. 2003-075
PU 2003-042·
Recent new legislation allows municipalities to contract with a private attorney or private
vendor to outsource collection services for delinquent debts and accounts receivables
such as fines, fees, and other debts over 60 days old, ordered to be paid by a court
serving the municipality. This law also allows the municipality to add a 30% collection fee
to be paid by the defendant /debtor. This 30% must be used to compensate the attorney
or vendor providing the collection services.
The Incode software currently used by the Municipal Court is able to interface with the
collection program offered by Linebarger Goggan Blair & Sampson, LLP, who also collect
the delinquent property taxes for North Richland Hills.
The fine and fee collection services offered by Linebarger Goggan Blair & Sampson will
give the Court an opportunity for improving collections and increasing revenues to the
General Fund. All funds collected will be paid directly to the Municipal Court, and the City
will provide payment to the vendor on a monthly basis. Article 103.001 of the Texas Code
of Criminal Procedures allows a Municipal Government who enters into a contract with an
attorney or vendor to authorize the collection fee of 30% on each debt collected after
referral to the attorney/vendor for collection.
RECOMMENDATION:
Approve Resolution No. 2003-075.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ãvallable
Fly
Budget Director
n................ ....&
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CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES
STATE OF TEXAS
COUNTY OF TARRANT
THIS CONTRACT is made and entered into by and between the CITY OF NORTH'
RICHLAND HILLS, acting herein by and through its governing body, hereinafter
styled CITY, and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, hereinafter
styled FIRM.
I.
CITY agrees to employ and does hereby employ FIRM to enforce the collection of
delinquent court fees and fmes pursuant to the tenns and conditions described in this
contract. This contract supercedes all prior oral and written agreements between the .
parties regarding court fees and fines, and can only be amended if done so in writing and
signed by all parties. Furthennore, this contract cannot be transferred or assigned by
either party without written consent of all parties.
II.
CITY agrees to refer by electronic or magnetic medium, in the specified fonnat, to FIRM
for collection, on or about the first (1st) and fifteenth (15th) of each month all delinquent
adjudicated accounts over 60 days old and all non-adjudicated accounts over 60 days
issued after June 18,2003. The CITY reserves the right to refer all non-adjudicated
accounts over 60 days old issued prior to June 18, 2003. An account is considered
delinquent when not paid within sixty (60) days of the scheduled appearance date (if the
defendant failed to appear), or any granted extension, or from the date of conviction or
judgment, or other court specified due date. CITY will provide FIRM copies of, or access
to, the infonnation and documentation necessary to collect the fees and fines that are
subject to contract. Should it become necessary for the FIRM to provide computer
hardware, software, progr~ing services and/or in-house personnel to CITY, in order
for this contract to be perfonned, a separate agreement and fee structure shall be
negotiated and agreed to in writing by both parties hereto.
III.
FIRM is not to handle any monies and is to refer all payments and correspondence to the
court that has assessed or levied the fees and fines being collected pursuant to this
contract. In the event that any monies are sent to the Firm by a Defendant, that money shall be
forwarded to the City within one day. FIRM will return all accounts not collected within one
(1) year of referral unless extended by the CITY, as wéll as any accounts identified as
·
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being in bankruptcy. Upon return of these accounts, neither party will have any
obligation to the other party to this contract.
IV.
FIRM shall indemnify and hold CITY harmless from and against all liabilities, losses
and/or cost arising from claims for damages, or suits for losses or damages, including
reasonable costs and attorney's fees, which may rise as a result of FIRM's performance of
the services described in this contract. The indemnity provision of this contract shall have
no application to any claim or demand which results from the sole negligence or fault of
CITY, its officers, agents. employees or contractors other than the FIRM, And
furthermore, in the event of joint and/or shared negligence or fault of CITY and FIRM,
responsibility and indemnity, if any shall be apportioned in accordance with Texas law
and without waiving any defenses of either party. The provisions of this paragraph are
intended for the sole benefit of the parties hereto and are not intended to create or grant
any right, contractual or otherwise, to any other persons or entities.
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The FIRM will not contract out to a third party any accounts refereed to them by the
CITY for collections and will provide and maintain a list of all employees of the FIRM to
the CITY who will have access to the refereed accounts. The FIRM also agrees to
maintain current criminal background checks of all of its employees having access to
accounts refereed by the CITY. The CITY has the right to inspect, during normal business
hours, the premises of the FIRM where the accounts are actually worked.
V.
As compensation for legal and collection services provided pursuant to this contract,
CITY agrees to pay to FIRM a thirty-percent (30%) contingent fee of the total amounts
actually collected by the CITY on those accounts that are referred to FIRM by the CITY
for collection. This contingent fee will not be calculated upon any legislative
reimbursement fee that the CITY may authorize and submit for collections. All
compensation shall become the property of FIRM at the time of payment. CITY shall pay
over said funds on a monthly basis by check or wire transfer. CITY agrees to pay the fee
payable under this contract no later than the 30th day following the end of the calendar
month within which the fee is paid to the CITY.
VI.
The initial term of this contact is two years, beginning November 01, 2003, and shall
thereafter continue on a month-to-month basis. CITY reserves the option to extend the
initial term of the contract for two additional two-year periods, with the contract
thereafter continuing on a month-to-month basis. Either party may, without cause,
terminate this contract at the end of the initial contract term or thereafter by giving the
other party written notice of termination.
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During the initial term of this contract either party shall have the right to terminate the
same prior to its expiration; provided however, that the party giving notice shall grant the
receiving party a period of thirty (30) days, from the date of written notice, the
opportunity to attempt to cure any unsatisfactory term, acts, omissions or conditions.
Should the party receiving notice be found not to have remedied the unsatisfactory terms,
acts, omissions or conditions to the satisfaction of the party giving notice, the party
giving notice may terminate the contract.
The effective date of any termination by CITY shall be sixty (60) days from the date the
notice oftermination is received in writing by FIRM; said sixty (60) days period being
deemed adequate for the purpose of FIRM in winding down its affairs with regards to
work in progress.
In the case oftermination by FIRM, the effective date oftermination shall be thirty (30)
days from the date notice of termination is received.
City is entitled, but is not required, to refer additional accounts to FIRM after
notice of termination has been received by FIRM. In any event, FIRM shall be entitled to
payment of its fee, pw:suant to Paragraph V, of this contract, for all amounts collected on
referred accounts during the sixty'"(60) day "winding down" period. At the end of that
period, all accounts shall be returned to CITY by FIRM.
VII.
F or purposes of sending notice under the terms of this contract, all notices from CITY
shall be sent to FIRM by certified United States mail, or delivered by hand or by courier,
and addressed as follows:
Linebarger Groggan Blair & Sampson, LLP
Attention: Director of Client Services
P.O. Box 17428
Austin, Texas 78760
Or
1949 South ill 35
Austin, Texas 78741
VIII.
This contract is made and is to be interpreted under the laws of the State of Texas. In the
event that any provision(s) of this contract shall for any reason be held invalid, illegal or
unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not
affect any other provision(s) of this contract, and it shall further be construed as if the
invalid, illegal or unenforceable provision(s) had never been part of this contract.
·
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IX.
In consideration of the terms and compensation herein stated, FIRM hereby accepts said
employment and undertakes performance of said contract as set-forth above.
This contract is executed on behalf of CITY by the presiding officer of its governing
body who is authorized to execute this instrument by order heretofore passed and dilly
recorded in its minutes.
This contract may be executed in any number of counterparts, and each counterpart shall
be deemed an original for all purposes. Signed facsimiles shall be binding and
enforceable.
Witness the signatures of all parties hereto this, the
day of
,2003.
CITY OF NORTH RICHLAND HILLS
By:
MAYOR/CITY MANAGER
LINEBARGER GOGGAN BLAIR & SAMPSON. LLP
By:
Glenn Smith, Partner
·
,
,.
CITY OF
NORTH RICHLAND HILLS
Department: Police Department
Council Meeting Date: 09-23-2003
Subject: Authorize Payment to Motorola for Annual Mobile Data Terminal
Service Agreement - Resolution No. 2003-074
Agenda Number: PAY 2003-004
The annual Mobile Data Terminal Service Agreement fees are due on October 1,2003 in
the amount of $33,670.72. The Department is repaid a large portion of this amount from
income as agreed to in the Interlocal Agreements with other area cities; therefore, limited
funds are expended by North Richland Hills from either General Fund or Crime Control
District accounts.
The fees attached to this contract allow us to operate a multi-jurisdictional Mobile Data
Terminal (MDT) system for five (5) entities. There are a total of eighty-six (86) data
devices operating on the system at this time.
North Richland Hills PD, North Richland Hills FD, North Richland Hills Court, Keller PD,
and Hurst PD will remain under the current agreement and annual payments.
The total amount of the contract is $33,670.72, which covers all radio and microwave
infrastructure maintenance costs as well as maintenance costs for the data devices.
Recommendation:
Approve Resolution No. 2003 - 074 authorizing payment to Motorola for the annual Mobile
Data Terminal Service Agreement fees in the amount of $33,670.72.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Budget Director
Page 1 of -1
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RESOLUTION NO. 2003-074
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, 2003 through
September 30,2004 was billed by Motorola in the amount of $33,670.72; on September
11,2003
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 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 $33,670.72
from the following account:
115-8011-531 .43-67
$33,670.72
PASSED BY THE CITY COUNCIL this the 23rd day of September 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
,
Thomas R. Shockley, Chief 0
® MOTOROLA
Attn: National Service Support
1307 East Algonquin Road
.haumbUrg, IL 60196
00) 247-2346
Ver. 4.6 Build 1004
SERVICE AGREEMENT
Agreement Order # : 0621061250804
Supersedes Agreement #(s) :
Date: 9/11/2003
6180002366
Required P.O.: No
Customer # : 1000220707
Bill to Tag # : 0001
Contract Start Date: 10/01/2003
Contract End Date: 09/30/2004
Anniversary Date:
Payment Cycle: Annually
Tax Exempt: Yes
PO#:
Company Name: City of North Richland Hills (Data)
Attn:
Billing Address: 7301 NE Loop 820
City, State, Zip: North Richland Hills, TX, 76180
Customer Contact: Mike Young
Phone: 817427-7003
Fax:
Qty
Model/Option
SVC02SVC0030
1
1
25
1
1
1
1
1
2
1
1
61
SVC02SVC0029
1
1
SVC02SVCOO14
61
Description
SP - Local Repair with OnSite Response
Changed from SVC290 - Infrastructure Board Level Repair Services
FRU C99CX PA
FRU C99CX MSF
FRU D2007G
GCC480
GCC MODEM
MDT91 00-1/9100- rs
MSF5000
MODEM 201 BIT
MICROWAVE LINK
RNC3000,3 SLOT
C65CXB W/BSC2100
TDN9263 14.4 MODEMS
*5OOA CONSOLE UNIT
DISPATCH W/PTS
VRM'S
SP - Depot Infrastructure Repair/Advanced Replacement
Changed from SVC290 - Infrastructure Board Level Repair Services
RNC3000 3 SLOT
RNC3000SW SUPPORT
SP - Subscriber Repair· Rockford
Changed from SVC964A - Redia Support Center Services
VRM'S
Monthl Ext Extended
$ 14.50 $ 174.00
$ 14.50 $ 174,00
$ 14.50 $ 174.00
$ 97.00 $ 1,164,00'
$ 16,00 $ 192,00
$ 500,00 $ 6,000,00
$ 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
$ 414.80 $ 4,977,60
$ 145.17 $ 1,742.04
$ 350.00 $ 4,200.00
$
317.20 $
3,806.40
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE
DESCRIPTIONS
SUBTOTAL - RECURRING SERVICES $
SUBTOTAL - ONE-TIME EVENT SERVICES
TOTAL $
TAXES $0.00
GRAND TOTAL $
2,883.50 $ 34,602,00
$
2,883,50 $ 34,602.00
$0,00
2,883.50 $ 34,602.00
CUSTOMER IS RESPONSIBLE FOR TIBERON SOFTWARE. Discount for annual
payment in advance (j .026914 may be applied.
t> I ~C-t)ÙNi , S 'r:; ¡.;;uS ~ e:r )~ f ??¡ L -p .1Y
SPC v4.6 Build 1004
THS SERVICE AMOltIJ' IS SlIIJECT TO STATE & LOCAL TAXING
JIRSDlC'nONS. TO BE VERIFIED BY MOTOROlA.
SUBCONTRACTOR(S)
CITY
r
~torola's Service Terms & Conditions, a copy of which is attached to this Service
Wlreement, is incorporated herein by this reference
TITLE
DFW Communications
Motorola - Rockford-BRANDED
SUBSCRIBERS CL723
Customer Support Manager
TITLE
972-277-4608
PHONE
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SPC v4.6 Build 1004
Arlington
Rockford
DATE
TX
IL
Release Date: 06/02/03
THIS iSOLUTIONS SERVICE AGREEMENT is entered into by end between Motorola, Inc. ('Motorola') and the customer named in this Agreement ("Customer").
eTION 1 DEFINITIONS, 'Agreemenf means this iSolutions Service Agreement and its Attachments, If eny, which are attached hereto and incorporated
herein by this reference. 'Equipment' means the communication equipment that is specified in the Attachments or that is subsequently added to this
Agreement. "Services(s)" means those installation, maintenance, repair, support, training, and other services referred to both herein and in the Attachments.
SECTION 2 ACCEPTANCE. Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth
in this Agreement and in the Attachments will become binding only when accepted in writing by Motorola. The term of this Agreement will commence on the
date specified in this Agreement, including any Attachments ( "Start Date·~.
SECTION 3 SCOPE OF SERVICES. A. Motorola will provide the Services generally described in this Agreement. Certain Services may require more particular
description or definition, or may require detailed Statement(s) of Work. If particular descriptions or detailed Statement(s) of Work are required, and are
therefore attached to this Agreement, Motorola and Customer hereby agree to be bound by any edditional terms included in those Attachments, which are fully
incorporated in this Agreement as set forth in SECTION 1. B, Motorola rilay also provide additional services ( "Additional Services") at Customer's request.
Such Additional Services will be billed at Motorola's then-applicable rates for such services, C, If Motorola is providing Services for Equipment: (i) Motorola
parts or parts of equal quality will be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and, (iii) routine service
procedures that are prescribed from time to time by Motorola for its products will be followed. D. Any Equipment purchased by Customer from Motorola that
is or becomes part of the same communications system as the Equipment covered under this Agreement ("Additional Equipmenf) will be automatically added
to this Agreement and will be billed at the applicable rates after the warranty period has expired, E. All Equipment must be in good working order on the Start
Date or at the time the Equipment is added to the Agreement. Customer must provide a complete serial number and model number list either prior to the
Start Date or prior to the time that the Equipment is added to the Agreement. F. Customer must specifICally identify any Equipment that is labeled intrinsically
safe for use in hazardous environments. G, Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written
notice. H. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts,
the state of technology, or the practical feasibility of the scope of Services as specified in the Attachments, Motorola may: (1) modify the scope of Services
related to such Equipment; (2) remove such Equipment from the Agreement; or (3) increase the price to Service such Equipment. I. Customer must promptly
notify Motorola directly of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased
as indicated this Agreement
SECTION 4 EXCLUDED SERVICES. A, Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical
or chemical misuse or abuse from causes such as lightning, power surg!!S, or liquids. B. Unless specifically included in this Agreement, Service does not
include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multlcoupler, Motorola has no obligation or
responsibility for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment malfunction
caused by such transmission medium. C. Unless specifically included in this Agreement, Servlca does not include items that are consumed in the course
of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, etc. D. Unless specifically sat forth in this Agreement, Service
does not include upgrading or reprogramming of Equipment; accessories, belt clips, battery chargers. custom or Special Products, modified units, or software.
AService does not include certification programs, software support, reprOgramming of Software or modifications to Equipment related to assuring the correct
weessing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000,
SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT, Motorola may assign its rights and obligations under this Agreement and may subcontract any
portion of Motorola's performance called for by this Agreement.
SECTION 6 TIME AND PLACE OF SERVICE. Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's locetion, Customer agrees to provide Motorola, at no charge, a non-hazardous work environment with shelter, heat, light, and power and with
full and free access to the Equipment. Waivers of liability from Motorola and/or its subcontractors will not be imposed as a site access requirement.
Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable
Motorola to perform its obligations under this Agreement. Unless otherwise specified In this Agreement, the hours of Service will be hours of 8:30 a,m, to
4:30 p.m" excluding weekends and holidays.
SECTION 7 CONTACT. Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be manned twenty-four
(24) hours per day, seven (7) days per week and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola.
SECTION 8 PAYMENT. Unless alternative payment terms are specifically set forth in this Agreement, Motorola will invoice Customer in advance for each
payment period. 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 entity.
SECTION 9 WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety
(90) days following completion of those Services. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-peñorm the
non-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, WITHOUT LIMITATION. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
SECTION 10 CERTIFICATION DISCLAIMER. Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or
performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by a Motorola authorized signatory.
SECTION 11 DEFAUL TfTERMINATION. A. In the event that any sum of money owed by Customer is not paid when due and remains unpaid for a period of
thirty (30) days after receipt by Customer of written notice of such delinquency, Motorola may terminate this Agreement effective upon seven (7) days written
notice, If either party defaults in the performance of any of its obligations set forth In this Agreement and the default remains uncured for a period of thirty (30)
days after receipt by such party of written notice from the other party detailing the specific contractual obligation and the nature of the default thereunder,
then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving of notice in
writing to the defaulting party, B. Any termination of this Agreement will not relieve either perty of obligations previously incurred pursuant to this Agreement,
including but not limited to payments which may be due and owing at the time of termination. Upon the effective date of termination, Motorola will have no
rer obligation to provide Services. C. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this
¡Solutions Service Agreement
Page 1 of 2
03/01
Agreement.
AçTION 12 LIMITATION OF LIABILITY. Notwithstanding any other provision, except for personal injury or death, Motorola's total liability for losses, whether
_breaCh of contract, negligence, warranty, or strict liability in tort, is limited to the price of the previous twelve months of Services provided under this
Agreement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TNE, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL
LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE
BY LAW.
SECTION 13 EXCLUSIVE TERMS AND CONDITIONS. A, Customer acknowledges that this Agreement supersedes all prior and concurrent agreements and
understandings, whether written or oral, ralated to the Services performed. Neither the Agreement nor the Attachments may be altered, amended, or modified
except by a written agreèment signed by both authorized reprasentatives of both parties. B, In the event of a conflict between the main body of this
Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise, C. Customer
agrees to reference this Agreement on any purchase order(s) issued in furtherance of this Agreement Neither party shall be bound by any terms contained
in Customer's purchase order(s), acknowledgements or other writings uniess: (I) such purchase order(s), acknowledgements or other writings terms
specifically refer to this Agreement; (ii) and clearly Indicate the Intention of both parties to override and modify this Agreement; and (Iii) such purchase
order(s), acknowledgements or other writings are signed by duly authorized representatives of both parties.
SECTION 14 PROPRIETARY INFORMATION; CONFIDENTL6.LITY. A. Any information or data in the form of specifications, drawings, reprints, technical
information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential,
and will be promptly returned at Motorola'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 information or data itself for any purpose other than performing its obligations under this Agreement. The
obligations set forth in this Section will survive the cancellation, termination, or completion of this Agreement. B. Unless otherwise agreed in writing, no
commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secrat or confidential. Motorola
will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data,
SECTION 15 FCC LICENSES AND OTHER AUTHORIZATIONS. Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Communications Commission 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 16 OWNERSHIP OF INTELLECTUAL PROPERTY. 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 properly including any intellectual property created as a result of or
related to the Equipmel1t sold or Services performed under this Agreement.
SECTION 17 COVENANT NOT TO EMPLOY. During the term of this Agreement, and continuing for a period of two years thereafter, Customer agrees not to
hire, nor to engage on contract, nor to solicit the employment of, nor to recommend employment to any third party of any Motorola employee or Motorola
subcontractor with whom there is contact during an assignment under this Agreement, without the prior, written authorization of Motorola. If, at any time, this
provision is found to be overly broad under the laws of the applicable jurisdiction, this provision shall be modified as necessary to conform to such laws rather
.n be stricken herefrom.
CTION 18 MATERIALS, TOOLS AND EQUIPMENT. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody
or control, be liable for any loss or damage to such property, and return it 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 anytime without restriction.
SECT/ON 19 GENERAL TERMS. A. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.
B. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State of Illinois. C. Failure to
exercise any right will not operate as a waiver of that right, power, or privilege, D. Neither parly is liable for delays or lack of performance resulting from any
causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. E. Except for money due upon an open account,
no action maybe brought for any breach of this Agreement more than one (1) year after the accrual of such cause of action. F, THIS AGREEMENT WILL
RENEW, FOR AN ADDITIONAL ONE YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER PARTY NOTIFIES THE OTHER OF
INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. G. If Motorola provides Services
the termination or expiration of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to those
Services,
e
iSolutions Service Agreement
Page 2 of 2
03/01
.. CITY OF
NORTH RICHLAND HILLS
Department: Police Department Council Meeting Date: 09-23-2003
Subject: Authorize Payment to Motorola for Radio Maintenance Agreement - Agenda Number: PAY 2003-005
Resolution No. 2003 - 073
The annual maintenance agreement for all Motorola radios and related equipment is now
due in the amount of $276,957.71. The Department is paid $247,321.40 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 $7,660.21.
Currently, there are 2,719 radios 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 176 radios, the addition of eight radio consoles and a rate increase of 64 cents
per radio account for the $43,717.40 increase for maintenance this year. Only $2,557.74
of the increase will be incurred by the City of North Richland Hills, which is due to an
increase in rates.
Funding Source:
115-8012-531.43-65
001-9006-532.34-30
$ 247,321.40
$ 29,636.31
Recommendation:
Approve Resolution No. 2003-073 authorizing payment to Motorola Communications for
annual maintenance charges in the amount of $276,957.71.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
115-8012-531 .43-65 &
Account Number 001-9006-532,34-30
Sufficient Funds Available
1
Budget Director
,
Page 1 of 1
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RESOLUTION NO. 2003-073
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, 2003 through
September 30,2004 was billed by Motorola in the amount of $276,957.71 on
September 11 , 2003
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 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 $276,957.71
from the following accounts:
115-8012-531.43-65
001-9006-532.34-30
$247,321 .40
$ 29,636.31
PASSED BY THE CITY COUNCIL this the 23rd day of September 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
® MOTOROLA.
Ver. 4.6 Build 1004
SERVICE AGREEMENT
Attn: National Service Support
_307 East Algonquin Road
w.chaumburg, IL 60196
(800) 247-2346
Agreement Order # : 0621061250806
Supersedes Agreement #(5) :
Date: 9/11/2003
Company Name: North Richland Hills Consortium
Attn: Chief Tom Shockly
Billing Address: 7301 NE Loop 820
City, State, Zip: North Richland Hills, TX, 76180
Customer Contact: Mike Young
Phone: 817-427-7003
Fax:
618000367
Required P.O.: No
Customer #: 1000220707
Bill to Tag # : 0001
Contract Start Date: 10/01/2003
Contract End Date: 09/30/2004
Anniversary Date:
Payment Cycle: Annually
Tax Exempt: Yes
PO#:
Qty Model/Option Description Monthly Ext Extended
SVC02SVC0030 SP - Local Repair with OnSite Response /J: """ r.~ ~
Changed from SVC290 - Infrastructure Board Level Repair Services 23,718,Jé ., ?Jtii:i7.
1 Maintenance of Subscribers and Fixed equipment per attachment $ $ 284,671",)«"
.,
~f).I7'1...
SUBTOTAL - RECURRING SERVICES $ 23,718,99 $ 28-4;&27'.88
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE SUBTOTAL - ONE-TIME EVENT SERVICES $ -
DESCRIPTIONS TOTAL $ 23,718.99 $ 281,8~B
24X7 on fixed equipment. Annual discount is ,026914. Notification of inCl98Sl! is Jan TAXES $0.00 $0.00
25,2003, Quantities added ex deleted annually, ex as they occur, Response on Fixed GRAND TOTAL $ 23,718.99 $ 2~B
Equipment is 2 hours notify and 4 hours on site. T&C's are attached. THS SERVICE N.IOUNT IS SUBJECT TO STATE & LOCAL TAXlldré1fq. /;J 1 2-
DjSc...oONr J 5- "1 ~~c ,;"'1 tJt/'1' IS~7'=- 95Î. Î JIJ'IISDlCTlONS. TO BE VERIFIED ay MOTOROlA .
I
SUBCONTRACTOR(S) CITY STATE
DFW Communications Arlington TX
I received Statements of Wor ( that describe the services provided on this Agreement.
Motorola's Service Tenns & CondRions, a copy of which is attached to this Service
. .
Agreement, IS Incorporated herein by this reference
TITLE
DATE
Customer Support Manager
TITLE
972-277-4608
PHONE
/ .-....-
t I f <=-:..3-
DATE
972-277-4681
FAX
SPC v4.6 Build 1004
Release Date: 06/02103
.s iSOLUTIONS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola') and the customer named in this Agreement (·Customer").
CTlON 1 DEFINITIONS. 'Agreement' means this iSolutions Service Agreement and its Attachments, if any, which are attached hereto and Incorporated
herein by this reference. "Equipment' means the communication equipment that is specified in the Attachments or that is subsequently added to this
Agreement. "Services(s)" means those installation, maintenance, repair, support, training, and other services referred to both herein and in the Attachments.
SECTION 2 ACCEPTANCE. Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth
in this Agreement and in the Attachments will become binding only when accepted in writing by Motorola, The term of this Agreement will commence on the
date specified in this Agreement, including any Attachments ( 'Start Date").
SECTION 3 SCOPE OF SERVICES. A. Motorola will provide the Services generally described in this Agreement. Certain Services may require more particular
description or definition, or may require detailed Statement(s) of Work. If particular descriptions or detailed Statement(s) of Work are required, and are
therefore attached to this Agreement, Motorola and Customer hereby agree to be bound by any additional terms included in those Attachments, which are fully
incorporated in this Agreement as set forth in SECTION 1, B. Motorola may also provide additional services ( "Additional Services') at Customer's request.
Such Additional Services will be billed at Motorola's then-applicable rates for such services, C. If Motorola Is providing Services for Equipment: (i) Motorola
parts or parts of equal quality will be used; (Ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and, (m) routine service
procedures that are prescribed from time to time by Motorola for its products will be followed. D. Any Equipment purchased by Customer from Motorola that
is or becomes part of the same communications system as the Equipment covered under this Agreement ('Additional Equipment') will be automatically added
to this Agreement and will be billed at the applicable rates after the warranty period has expired. E. All Equipment must be in good working order on the Start
Date or at the time the Equipment is added to the Agreement. Customer must provide a complete serial number and model number list either prior to the
Start Date or prior to the time that the Equipment is added to the Agreement. F. Customer must specifically identify any Equipment that is labeled intrinsically
safe for use in hazardous environments. G, Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out
of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written
notice. H. If Equipment cannot, in Motorola's opinion, be property or economically serviced for any reason including excessive wear, unavailability of parts,.
the state of technology, or the practical feasibility of the scope of Services as specified in the Attachments, Motorola may: (1) modify the scope of Services
related to such Equipment; (2) remove such Equipment from the Agreement; or (3) increase the price to Service such Equipment. I. Customer must promptly
notify Motorola directly of any Equipment failure, Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased
as indicated this Agreement
SECTION 4 EXCLUDED SERVICES. A. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical
or chemical misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically included in this Agreement, Service does not'
include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligation or
responsibility for any transmission medium, such as telephone lines, computer networks, the Intemet or the wortdwlde web, or for Equipment malfunction
caused by such transmission medium. C. Unless specifically included in this Agreement, Service does not include items that are consumed in the course
of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, etc. D. Unless specifically set forth in this Agreement. Service
Es not include upgrading or reprogramming of Equipment; accessories, belt clips, battery chargers, custom or Special Products, modified units, or software.
ervice does not include certification programs, software support, reprogramming of Software or modifications to Equipment related to assuring the correct
sing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000,
SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT. Motorola may assign its rights and obligations under this Agreement and may subcontract any
portion of Motorola's performance called for by this Agreement.
SECTION 6 TIME AND PLACE OF SERVICE. Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer agrees to provide Motorola, at no charge, a non-hazardous work environment with shelter, heat, light, and power and with
full and free access to the Equipment. Waivers of liability from Motorola and/or its subcontractors will not be imposed as a site access requirement.
Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable
Motorola to perform its obligations under this Agreement. Unless otherwise specified in this Agreement, the hours of Service will be hours of 8:30 a,m. to
4:30 p.m., excluding weekends and holidays.
SECTION 7 CONTACT. Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be manned twenty-four
(24) hours per day, seven (7) days per week and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola.
SECTION 8 PAYMENT. Unless altemative payment terms are specifically set forth in this Agreement, Motorola will invoice Customer in advance for each
payment period. 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, seles 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 govemmental entity.
SECTION 9 WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety
(90) days following com pletion of those Services. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the
non-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, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
SECTION 10 CERTIFICATION DISCLAIMER. Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or
performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by a Motorola authorized signatQry,
SECTION 11 DEFAUL TITERMINATION. A. In the event that any sum of money owed by Customer is not paid when due and remains unpaid for a period of
thirty (30) days after receipt by Customer of written notice of such delinquency, Motorola may terminate this Agreement effective upon seven (7) days written
notice. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30)
days after receipt by such party of written notice from the other party detailing the specific contractual obligation and the nature of the default thereunder,
then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon the giving of notice in
writing to the defaulting party. B. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement,
Mding ~ut ~ot limited ~o paym~nts which may be due and owing at the time of ten:n, ination Upon the effective. date ~ termination, Motor?la will ~ave no
..er obligation to proVIde SeMces. C, All sums owed by Customer to Motorola will become due and payable Immediately upon termination of thiS
¡Solutions Service Agreement
Page 1 of 2
03/01
Agreement.
ATION 12 LIMITATION OF LIABILITY. Notwithstanding any other provision, except for personal injury or death, Motorola's total liability for losses, whether
~reach of contract, negligence, warranty, or strict liability in tort, is limited to the price of the previous twelve months of Services provided under this
Agreement, IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LlQUIDATÈD DAMAGES, COMMERCIAL
LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE
BY LAW.
SECTION 13 EXCLUSIVE TERMS AND CONDITIONS. A. Customer acknowledges that this Agreement supersedes all prior and concurrent agreements and
understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the :Attachments may be altered, amended, or modified
except by a written agreement signed by both authorized representatives of both parties, B. In the event of a conflict between the main body of this
Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. C. Customer
agrees to reference this Agreement on any purchase order(s) issued in furtherance of this Agreement. Neither party shall be bound by any terms contained
in Customer's purchase order(s), acknowledgements or other writings unless: (i) such purchase order(s), -acknowledgements or other writings terms
specifically refer to this Agreement; (Ii) and clearly indicate the Intention of both parties to override and modify this Agreement; and (m) such purchase
order(s), acknowledgements or other writings are signed by duly authorized representatives of both parties.
SECTION 14 PROPRIETARY INFORMATION; CONFIDENTIALITY. A, Any information or data in the form of specific8tions, 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 promptly retumed at Motorola'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 information or data Itself for any purpose other than performing its obligations under this Agreement. The
obligations set forth In this Section will survive the cancellation, termination, or completion of this Agreement. B, Unless otherwise agreed in writing, no
commercial, financial or technical Information 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, including cost and pricing data.
SECTION 15 FCC LICENSES AND OTHER AUTHORIZATIONS, Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Communications Commission 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 16 OWNERSHIP OF INTELLECTUAL PROPERTY. This Agreement does not grant directly or by implication, estoppe~ 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 Services performed under this Agreement. .
SECTION 17 COVENANT NOT TO EMPLOY. During the term of this Agreement, and continuing for a period of two years thereafter, Customer agrees not to
hire, nor to engage on contract, nor to solicit the employment of, nor to racommend employment to any third party of any Motorola employee or Motorola
subcontractor with whom there is contact during an assignment under this Agreement, without the prior, written authorization of Motorola. If, at any time, this
~sion is found to be overly broad under the laws of the applicable jurisdiction, this provision shall be modified as necessary to conform to such laws rather
,.... be stricken herefrom.
SECTION 18 MATERIAlS, TOOLS AND EQUIPMENT. All tools, equipment, dies, gauges, models, drawings or other materials paid for or fumished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is In Customer's custody
or control, be liable for any loss or damage to such property, and retum it to Motorola upon request. Sl,Ich 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 19 GENERAL TERMS. A. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.
B, This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State of Illinois, C. Failure to
exercise any right will not operate as a waiver of that right, power, or privilege. D. Neither party Is liable for delays or lack of performance resulting from any
causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. E. Except for money due upon an open account,
no action may be brought for any breach of this Agreement more than one (1) year after the accrual of such cause of action. F. THIS AGREEMENT WILL
RENEW, FOR AN ADDITIONAL ONE YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER PARTY NOTIFIES THE OTHER OF
INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. G, If Motorola provides Services
the termination or expiration of this Agreement, the terms and conditions 'Snd any prices in effect at the time of the termination or expiration will apply to those
Services.
e
iSolutions Service Agreement
Page 2 of 2
03/01
...,--
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ & Inspections Department
Council Meeting Date: 9/23/03
Subject: Public HearinQ to Consider a Request from Sylvia Thrash Agenda Number: PS 2003-38
Patricia and Carril Braudrick to Approve the Final Plat of Lots 13R1 & 13R2, Block 2 Woodbert
Addition Located in the 8200 block of Sayers Lane (.414 acres).
Case Summary:
The site is currently platted as Lot 13 with a residential structure on the western half of the lot.
The applicant wants to replat the site into two lots in order to construct a single-family
residence on the proposed Lot 13R2 (vacant - east side of site).
Staff Review:
The Development Review Committee has reviewed the plat and has determined that it
complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the
Public Works Department stating that all staff concerns have been addressed.
Current Zoning: "R-3" Residential
Thoroughfare Plan:
Both lots have frontage onto Sayers Lane, a 2-lane undivided residential street.
Comprehensive Plan:
The Comprehensive Plan indicates low density uses for the area. The existing and proposed
uses are consistent with the Plan.
Public Hearing Requirement:
Residential replats, such as this, are required by the Texas Local Government Code to have a
public hearing prior to approval by the City Council. This replat has been properly advertised.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on, August 21, 2003, recommended
approval of PS 2003-38 by a vote of 7-0.
Recommendation:
To Approve PS 2003-38 the Final Plat of Lots 13R1 & 13R2, Block 2 Woodbert Addition.
Finance Review
Account Number
Sufficient Funds AV3.LIable
Finance Director
CITY OF
NORTH RICHLAND HILLS
Review Schedule:
Application: 7/15/03
Final Hearing: 9/23/03
CITY COUNCIL ACTION ITEM
Total Review Time: 10 weeks
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PS 2003-38
FINAL RE-PLA T
LOTS 1 3R1 & 1 3R2, BLOCK 2
WOODBERT ADDITION
Prepared by Planning 08/12/03 0 200 400 600 800 Feet
I I
·
·
·
PS 2003-38
CONSIDERATION OF A REQUEST FROM SYLVIA THRASH, PATRICIA &
CARRIL BRAUDRICK TO APPROVE THE FINAL PLAT OF LOTS 13R1 &
13R2, BLOCK 2 WOODBERT ADDITION LOCATED IN THE 8200 BLOCK OF
SAYERS LANE
(.414 ACRES).
APPROVED
Dave Green, Zoning Administrator, summarized the case. This is an existing lot
in the 8200 block of Sayers Lane. There is a house that is located on the
western portion of the lot. The applicant is requesting to replat and add a
property line to create a second lot for residential development. Staff
recommends approval.
Chairman Bowen asked Mr. Green if both lots meet the requirements of "R-3".
Mr. Green responded yes.
Chairman Bowen called for a motion.
James Laubacher, seconded by Ken Sapp, motioned to approve PS 2003-
38. The motion carried unanimously (7-0).
. .
NI~H
CITY OF NORTH RICHLAl'\TD HILLS
Public Works / Administration
.
July 23, 2003
MEMO TO: Donna Jackson, Planner
FROM: Caroline Waggoner, Engineer Associate
SUBJECT: Woodbert Addition; Block 2, Lots 13R1 & 13R2
Final Plat, PS2003-38
Public Works has reviewed the Final Plat submitted to this office on July 23, 2003. All
of Public Works' requirements have been met. We recommend placement on the next
Planning and Zoning meeting agenda.
.
~d
Caroline Waggoner, Engi
r Associate
cc: Lance Barton, P.E., Public Works Assistant Director
Dave Green, Zoning Administrator
Charles B. Hooks, Jr., Loyd Bransom Surveyors, Inc.
.
.'~. \ ).
'-:-t.-
P.O. Box 320609 .. North Richland H¡¡¡s, Texas 76182-0609
7301 Northeast Loop 820 '" (817) 427--3400 .... Fax (817) 427-6404
.
.
.
. , .
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: PZ 2003-38
Carril & Patricia Braudrick, Mike & Sylvia Thrash
8201 & 8205 Sayers Lane
You are receiving this notice because you are a property owner of record within 200
feet of the above property.
Purpose of Public Hearina:
Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being
held to consider a request from Patricia & Carril Braudrick, and Mike & Sylvia Thrash to re-
plat the existing Lot 13, Block 2 Woodbert Addition into Lots 13R 1 & 13R2, Block 2 Woodbert
Addition. The purpose of the re-plat is to create two lots out of the existing single lot for the
purpose of constructing a new residence on Lot 13R2. The Planning and Zoning Commission
has recommended approval of this request.
Public Hearina Schedule:
Public Hearing Dates:
CITY COUNCIL
TUESDAY, SEPTEMBER 23, 2003
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)427~300
Fax(817)427~303
®U'J~~ Jd~~1
. .'
STANr:ORD,'S K
8216 WOODS LN
FORT WORTH TX
76180-2309
.
M & J CONSTRUCTION CORP,
PO BOX 821516
NORTH RICHLAND HILLS TX
76182-1516
SCHNEIDER, JOSSIE &
SYL VESTOR
8204 WOODS LN
NORTH RICH LAND HILLS TX
76180-2309
WILLIAMS, VERA R
8212 SAYERS LN
FORT WORTH TX
76180-2305
cAK, CHARLES T
81~SAYERS LN
FORT WORTH TX
76180-2303
-.
®09tS JOJ a~eldwa~ asn
OLSON, ROY JOSEPH
8208 WOODS LN
NORTH RICH LAND HILLS TX
76180-2309
KIDD, CLARENCE
8125 SAYERS LN
FORT WORTH TX
76180-2304
BRAUDRICK, CARRIL
8201 SAYERS LN
FORT WORTH TX
76180-2306
NOLTE, DINO ETUX PAMELA J
8206 SAYERS LN
FORT WORTH TX
76180-2305
CLARK, CHARLES T
8124 SAYERS LN
FORT WORTH TX
76180-2303
slaQIQ S5~UpPV ®^~3^" ø
SCHNEIDER, SYLVESTER
8204 WOODS LN
FORT WORTH TX
76180-2309
BRAUDRICK, CARRIL &
STEPHANIE
8213 SAYERS LN
FORT WORTH TX
76180-2306
NORTHEASTTARRANTBAPT
CHURCH,
PO BOX 820693
NORTH RICHLAND HILLS TX
76182-0693
WILLIAMS, VERA R
8212 SAYERS LN
FORT WORTH TX
76180-2305
CLARK, PEGGY A
8124 SAYERS LN
FORT WORTH TX
76180-2303
VIIJ.s¡aa45 paa:i 4¡OOWS
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ & Inspections Department
Council Meeting Date: 9/23/03
Subject: Consideration of an Ordinance Amending the SiQn
Ordinance with Regard to Political Signs- Ordinance NO.2740.
Agenda Number: GN 2003-117
Summary:
At the Council's August 25th meeting, several revisions to the Sign Ordinance were
adopted. These revisions were necessary to keep the current sign regulations compatible
with recent state legislation. During the Council's discussion on these revisions a concern
was raised about the concentrations of identical political (same candidate) and weekend
advertising (same advertiser) signs that seem to occur along street rights of way
particularly at intersections. Council directed staff to return with additional revisions for
these sign types that would help to reduce this visual massing effect.
During the preparation of this ordinance revision it was noted by staff that weekend
advertising signs are currently regulated by a 200' spacing requirement. Rather than
revising this current requirement, staff will re-notify the major sign contractors of the
current regulations. In addition staff will increase their enforcement efforts in this regard.
The attached ordinance addresses the minimum spacing between identical or duplicate
political signs only. As written, political signs would be required to observe a minimum 10'
of separation between other identical signs. Since Council gave no specific suggestions
on spacing, staff felt that 10' represented a reasonable spacing that would reduce the
visual concentration associated with this type of signage.
RECOMMENDATION:
To approve Ordinance No. 2740.
Finance Review
Source of Funds:
Bonds (GOlRev,)
Operating Budget
Other
Account Number
Sufficient Funds Available
Finance Director
~~~~
/ ity Manager si
GN 2003-
·
·
·
ORDINANCE NO. 2740
2
4
AN ORDINANCE AMENDING ORDINANCE NO. 2374 AND THE SIGN
REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS;
AMENDING REGULATIONS CONCERNING POLITICAL SIGNS IN PUBLIC
RIGHT OF WAY; PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
6
8
10 WHEREAS, the City Council desires to restrict the number of identical signs allowed in the
right of way in order to reduce clutter and confusion from intrusive advertising;
12 NOW, THEREFORE,
14 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS,
TEXAS:
16
Section 1:
THAT Ordinance 2374 as amended by Ordinances 2379, 2435, 2474 and 2730
is hereby amended by amending Section(6.)i. to read as follows:
18
20
"6.
Political Signs.
22
24
i. Political signs shall not be placed on public property or within public right of
way, except that political signs less than three (3) feet in height and with no more than six (6)
square feet of sign face on any side may be placed in public right of way no closer than three
(3) feet from the back of the curb, or, if no curb, from the edge of the pavement of streets
classified by the City's thoroughfare plan as arterial P6D, M6D, M4D, P7U, M5U or M4U or
collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent
to an occupied residence. No sign shall be placed within ten (10) feet of an identical sign.
Signs shall not extend over the sidewalk or street."
26
28
30
32
Section 2:
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.
34
36
38
Section 3:
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 of the
remaining phrases, clauses, sentences, paragraphs and sections of this
40
42
44
Ordinance No. 2740
Page 1 of3
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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.
Section 4:
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.
AND IT IS SO ORDAINED.
Passed on the 23th day of September, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
Ordinance No, 2730
Page 2 of5
C:\Documents and SettingslphutsonlLocal SettingslTemplSign ROW.2740
t
CITY OF
NORTH RICHLAND HILLS
epartment: City Attorney Council Meeting Date: 9/23/03
Subject: Approve Ordinance No. 2739 Amendinq Civil Service Agenda Number: GN 2003-116
Rule 11.03
The City Charter requires that the Civil Service Rules be adopted by the City Council on the recommendation
of the Civil Service Commission. At the request of the Civil Service Commission, City staff has been working
with the Commission in drafting revisions to Civil Service Rule 11,03. Recent appeals to the Commission
identified areas of the Civil Service Regulations where all parties involved could benefit from more specific
rules addressing subpoenas and evidence presented during the hearing, The attached proposed changes to
Civil Service Rule 11.03, provides both the Commission, appellant and City staff clearer direction regarding
several important matters of procedure. A summary of the revised Civil Service Rule is as follows:
Subpoenas:
- Either party may request subpoenas of individuals who witnessed the event giving rise to the discipline,
participated in the investigation, or made recommendations concerning the level of discipline. The applicant for
the subpoena must state the person's involvement and the content of their testimony.
- Subpoena requests must be made no later than ten days before the hearing. Records regarding past
discipline may be subpoenaed.
- In extraordinary situations involving indefinite suspensions and where the appellant has waived the thirty day
limit for hearings, either party can request subpoenas that would otherwise not be issued. The Commission
will decide whether or not to issue the subpoena based on the information provided by the requesting party,
- Witnesses who fail to appear when subject to subpoenas will be referred to their Department Heads for
disciplinary action. To reinforce the importance of complying with the amended Civil Service Rule, the Police
and Fire Chiefs have prepared a departmental rule providing for punishment for failing to honor civil service
subpoenas.
Evidence:
-At least ten days before the hearing, both parties must provide the Commission with their written testimony
as well as furnish the opposing party a witness list and a report containing the substance of the testimony for
each witness called.
- No live witnesses or testimony may be permitted that was not pre-filed; however, the Commission may permit
rebuttal witnesses and testimony not contained in a filed report. Questioning of witnesses is limited to the pre-
filed subject matter.
- Unlimited cross-examination will be allowed and any matter inquired about in cross-examination may be
addressed in redirect.
- Issues raised in cross-examination may be addressed by the opposing party to other witnesses.
- Strict rules of evidence do not apply, but the presiding officer has the discretion to receive or exclude
testimony so as to ensure a fair hearing to both sides.
Recommendation
To approve Ordinance No. 2739 adopting the revisions to amend Civil Service Rule 11.03 as recommended
by Staff and as well as the City's Civil Service Commission effective immediately.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Avai a e
Budget Director
Page 1 of L
e
Amend Rule 11.03 to add:
Subpoenas
Either party may request, and subpoenas shall be issued, for any person who
either witnessed the event giving rise to the discipline or who participated in the
investigation of the appellant's conduct, or who, as a person in the appellant's
chain of command, reviewed the report and made recommendations concerning
culpability or level of discipline. No subpoena shall be issued for any person
unless the applicant therefore shall state such person's involvement and what
such person is expected to testify to. No subpoena shall be issued unless
requested at least ten (10) days before the scheduled hearing date.
No subpoenas shall be issued for any person sought only for reputation
testimony or to adduce testimony about conduct of persons other than the
appellant, provided, however, city records concerning discipline may be
subpoenaed and introduced through the Civil Service Director.
e
In extraordinary situations involving indefinite suspensions in wh!ch the appellant
has, prior to requesting subpoenas, waived the thirty (30) day limit for hearings
and requested subpoenas other than as permitted herein, and has stated in
writing the questions which will be asked and testimony which is expected to be
obtained from such witnesses for whom subpoenas would not otherwise be
issued, the Commission shall hear arguments from both sides and shall
determine whether such subpoenas shall be issued. The Commission may
consider any affidavits from such proposed witnesses in deciding whether to
issue such subpoenas.
Subpoenas will be denied if it appears that the purpose thereof is to obfuscate,
unnecessarily delay, or to increase the city's cost by requiring payment for
witnesses whose testimony is irrelevant, repetitious, or of little value in
determining the appeal.
Witnesses who fail to appear when subject to subpoenas shall be referred to the
heads of their respective departments for disciplinary action.
Amend Rule 11.03.f:
f.
Evidence:
e
1. Pre-filed. No written testimony shall be considered unless pre-filled
and furnished to the opposing party at least ten (10) days before
the hearing. At least ten (10) days before the hearing, both sides
shall file and furnish to the opposing party a witness list and a
report containing the substance of the testimony of each witness to
be called. Such reports and evidence may be supplemented, to
e
include rebuttal witnesses and evidence, if filed at least three days
before the hearing and furnished to the opposing party
2. Live Witnesses. No live witness or testimony shall be permitted
unless included in a report filed as contemplated by 1. Hereof,
provided, however, the Commission may, in its discretion, permit
rebuttal witnesses and testimony not contained in a riled report.
NO witness shall be questioned about any matter not identified in a
report; provided, however, unlimited cross-examination will be
allowed and any matter inquired about in cross-examination may be
addressed in redirect. Issues raised in cross-examination may be
addressed by the opposing party to other witnesses, even if such
issues were not identified by the party seeking to inquire into such
matters.
Strict rules of evidence shall not apply, but the presiding
officer shall have discretion to receive or exclude testimony so as to
ensure a fair hearing to both sides.
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ORDINANCE NO. 2739
AN ORDINANCE AMENDING RULE 11.03 OF THE CML SERVICE RULES
AND REGULATIONS TO PROVIDE FOR LIMITATIONS ON AND
ENFORCEMENT OF SUBPOENAS; REQUIRING PRE-FILED WITNESS
LISTS CONTAINING THE SUBSTANCE OF WITNESS TESTIMONY;
REQUIRING WRITTEN DOCUMENTS TO BE PRE-FILED AND FURNISHED
TO OPPOSING PARTIES; AND RESTRICTING THE TESTIMONY OF
WITNESSES TO PRE-FILED DOCUMENTS.
WHEREAS, the City Council has received the recommendation of the Civil Service
Commission to amend the existing civil service rules and regulations to provide
for full disclosure of all matters which may be brought before the Commission
and to ensure fairness by providing for enforceable subpoenas while limiting the
subpoenas to those matters relevant to the disciplinary case under consideration;
and,
WHEREAS, the city's attorney and staff concur in such recommended changes and the City
Council finds that such changes appear to be fair and workable; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND
HILLS, TEXAS:
Section 1:
THAT Civil Service Rule 11.03 is hereby amended by inserting the following
before the opening paragraph of such Rule:
"Either party may request, and subpoenas shall be issued, for any person who either witnessed
the event giving rise to the discipline or who participated in the investigation of the appellant's
conduct, or who, as a person in the appellant's chain of command, reviewed the report and
made recommendations concerning culpability or level of discipline. No subpoena shall be
issued for any person unless the applicant therefor shall state such person's involvement and
what such person is. expected to testify to. No subpoena shall be issued unless requested at least
ten (10) days before the scheduled hearing date.
No subpoenas shall be issued for any person sought only for reputation testimony or to adduce
testimony about conduct of persons other than the appellant, provided, however, City records
concerning discipline may be subpoenaed and introduced through the Civil Service Director.
In extraordinary situations involving indefinite suspensions in which the appellant has, prior
to requesting subpoenas, waived the thirty (30) day limit for hearings and requested subpoenas
other than as permitted herein, and has stated in writing the questions which will be asked and
testimony which is expected to be obtained from such witnesses for whom subpoenas would
Or . No. 2739
Page 1 3
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not otherwise be issued, the Commission shall hear arguments from both sides and shall
detennine whether such subpoenas shall be issued. The Commission may consider any
affidavits from such proposed witnesses in deciding whether to issue such subpoenas.
Subpoenas will be denied if it appears that the purpose thereof is to obfuscate, unnecessarily
delay, or to increase the City's cost by requiring payment for witnesses whose testimony is
irrelevant, repetitious, or of little value in determining the appeal.
Witnesses who fail to appear when subject to subpoenas shall be referred to the heads of their
respective departments for disciplinary action."
Section 2:
Civil Service Rule 11.03 f. is hereby amended to read as follows:
"f.
Evidence:
1.
Pre-filed. No written testimony shall be considered unless pre-filed and
furnished to the opposing party at least ten (10) days before the hearing.
At least ten (1 0) days before the hearing, both sides shall file and furnish
to the opposing party a witness list and a report containing the substance
of the testimony of each witness to be called. Such reports and evidence
may be supplemented, to include rebuttal witnesses and evidence, if
filed at least three (3) days before the hearing and furnished to the
opposing party.
2.
Live Witnesses. No live witness or testimony shall be pennitted unless
included in a report filed as contemplated by 1. hereof, provided,
however, the Commission may, in its discretion, permit rebuttal
witnesses and testimony not contained in a filed report. No witness
shall be questioned about any matter not identified in a report, provided,
however, unlimited cross-examination will be allowed, and any matter
inquired about in cross-examination may be addressed in redirect.
Issues raised in cross-examination may be addressed by the opposing
party to other witnesses, even if such issues were not identified by the
party seeking to inquire into such matters.
Strict rules of evidence shall not apply, but the presiding officer shall have
discretion to receive or exclude testimony so as to ensure a fair hearing to both
sides. "
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 23rd day of September, 2003.
Ord' No. 2739
Page 2 3
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CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
Ordin e No. 2739
Page 3 f 3
...
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 9/23/03
Agenda Number: GN 2003-115
Subject: Approve Traffic Calminq Policy and Repeal
Road Hump Ordinance No 2571 -
Ordinance No. 2741
Staff presented the Traffic Calming Policy to Council during the August 25, 2003 Pre
Council Meeting. There were several comments made from various City Council
members. Staff has incorporated the comments that they understood to be the concerns
of Council. The comments/changes that were made to the policy are listed below.
· Council requested that the policy include an "appeal process". An appeal process was
included in Section 3.0 - Traffic Calming Process, paragraph 3.8. The residents may
appeal the City's decision to the City Manager within 21 days of notification for a Level
3 or Level 4 traffic calming measure. The residents are also provided the option to
appeal Level 4 traffic calming measures to the City Council. The appeal process only
allows the residents to appeal the traffic calming measure selected by the City. Streets
that do not meet the qualifying criteria, as outlined in Section 2.0 are not eligible for
traffic calming measures.
· Council also requested that the percentage of residents required to sign the petition be
reduced from 95% to 80%. Since the Level 4 measures originally required a higher
percentage for approval, staff revised paragraph 4.3 (page 4 of 14) to require a
minimum of 80% to support Level 3 measures and 85% to support Level 4. If Council's
intention is to require a minimum of 80% for both levels, staff can revise the policy to
comply with Council's request.
· Council requested that a paragraph be added to the brochure reminding "motorists" to
watch their speed. This was included in the brochure as requested.
Staff was not sure if there was a consensus on the funding participation for the different
levels. The funding participation therefore was not changed. Level 1 & 2 measures will be
100% paid for by the City. Level 3 will be split 50/50 with the residents and the City. Level
4 measures will be paid 100% by the residents.
Recommendation: To approve Ordinance No. 2741.
Finance Review
Source of Funds: Account Number
Bonds (GO/Rev,) Sufficient Funds Ävallaole
Operating Budget
Other
Finance Director
MIL ~~t; oJ
Department Head Signature
dget Director
Page 1 of _
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ORDINANCE NO. 2741
AN ORDINANCE OF THE CITY OF NORTH RICHLAND mLLS, TEXAS,
REPEALING ORDINANCE 2751 PROVIDING ROAD HUMPS; ADOPTING A
TRAFFIC CALMING POLICY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Department has proposed a comprehensive policy providing
a process for identifying areas in which there may be a need for limiting the
speed of traffic and providing methods for implementing limitations; and
WHEREAS, the City Council finds that the policy adopted herein is well designed to address
the need for traffic calming on city streets and that the provisions of the policy
concerning road humps enact~d by Ordinance 2571 is subsumed in such policy;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
TRA T the document entitled City of North Richland Hills Traffic Calming
Policy, attached hereto and labeled Exhibit A, is hereby adopted.
Section 2:
Ordinance 2571 is hereby repealed.
Section 3:
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
Passed on the 23th day of September, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
Or . No. 2741
Page 1 2
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2
APPROVED AS TO FORM AND LEGALITY:
~M!J
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APPROVED AS TO CONTENT:
8
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Department ~d
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Ordina e No. 2741
Page 2 2
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CITY OF NORTH RICHLAND HILLS
PUBLIC WORKS DEPARTMENT
STREET/TRAFFIC DIVISION
TRAFFIC CALMING
POLICY
TABLE OF CONTENTS
Section 1.0 - Statement of Purpose ..................................................................... 1
Section 2.0 - Qualifying Criteria ............................................................................ 1
Section 3.0 - Traffic Calming Process................................................................... 2
Section 4.0 - Traffic Calming Petition Requirements ............................................ 3
Section 5.0 - Traffic Calming Petition Review Process .........................................4
Section 6.0 - Impacts of Traffic Calming Devices ................................................. 5
Section 7.0 - Neighborhood Speed Watch Program ............................................ .7
Section 8.0 - Rumble Strips............................................................................... ...8
Section 9.0 - Level 3 Traffic Calming Measures (Minor street changes)............... 8
a - Chokers........................................................................................... 8
b - Center Island Narrowing and Two Lane Angled Slow Points.......... .9
c - Raised Intersections ........................................................................9
d - Neighborhood Traffic Circle ........................................................... 10
e - Speed Bumps................................................................................ 11
f - Speed Tables.......................... ....................................................... 12
g - Chicanes........................................................................................ 12
Section 10.0 - Level 4 Traffic Calming Measures (Major street changes)............. 13
a - Half Closures................................................................................. 13
b - Diagonal Diverters ......................................................................... 13
c - Median Barriers................... .............. ................. ....... .......... ........... 13
d - Full Street Closures....................................................................... 13
Attachment 1 - Traffic Calming Action Request Form and Petition
Attachment 2 - Traffic Calming Measures
Attachment 3 - Traffic Calming Pictures and Diagrams
CITY OF NORTH RICHLAND HILLS
Traffic Calming Policy
.
Section 1.0 - Statement of PurIJose
City streets are for the use of all citizens. Occasionally streets are not used in the safe
manner that they were designed for. When this occurs, traffic calming may be a way to
reduce the unsafe driving of some motorists with minimal disruption to efficient traffic
flow. The purpose of traffic calming is to limit the speed and/or the number of vehicles on
residential streets and to safely move traffic from one point to another. This can involve
measures from police enforcement and neighborhood watch programs to strategic
physical changes to residential streets. The traffic calming measures identified in the
policy are not intended to prevent the general public from using any city street.
This policy provides several traffic calming measures that can be utilized by the Public
Works Department to help improve an existing traffic problem. The different traffic
calming measures are divided into four levels (or categories). Level 1 represents those
measures that require no physical changes to the streets. Level 1 measures would be
Police Enforcement or the use of the radar trailer. Levels 2 and 3 represent traffic
measures that require physical changes to the streets, with Level 4 representing
measures that require the most changes.
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Studies have shown that the majority of the traffic concerns on residential streets are
caused by the residents (and/or their guests) living in the subdivision. Because of this,
the primary focus of this policy will be to educate the residents in the subdivisions that
have traffic concerns. Therefore, Level 1 measures will always be emphasized.
Section 2.0 - Qualifvinø Criteria
Requests for implementation of traffic calming measures on public streets will be
considered by the City for those streets meeting all of the following criteria:
2.1 The street will be primarily residential in nature;
2.2 Streets that are not designated on the City's Master Thoroughfare Map as C4U,
M4U, M5U, M4D, M6D, and P6D, are eligible for traffic calming devices.
C2U streets may be eligible;
2.3 Street must not be classified as a primary route for emergency response vehicles
which would produce significant evidence of emergency response delay;
2.4 Vehicular traffic volumes are equal to or exceed 250 vehicles per day;
2.5 The changes in traffic flow will not result in unreasonable liability exposure for
the City;
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2.6 The changes in traffic flow will not divert significant amounts of traffic to other
residential streets;
2.7 The requested action shall be in full compliance of Texas State Law.
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2.8 Texas State Law - The State of Texas has preempted the field of traffic control
(see "Texas Statutes" Chapter 544, Traffic Signs, Signals, and Markings). The
section that applies to local roads or local agencies is noted as follows:
§ 544.002. Placing and Maintaining Traffic Control Devices
To implement this subtitle or a local traffic ordinance, a local authority may
place and maintain a traffic control device on a street or road under the
authority's jurisdiction. The traffic control device must conform to the manual and
specifications adopted under Section 544.001.
The Texas Transportation Commission shall adopt a manual and specifications for
a uniform system of traffic control devices consistent with this chapter that
correlates with, and to the extent possible, conforms to the system approved by the
American Association of State Highway and Transportation Officials.
No local authority is allowed to enact or enforce any ordinance on the matter
covered by the Vehicle Code unless expressly authorized by the statute.
The City of North Richland Hills is consistent with State law. The City will carefully
review each request to ensure that the proposed location and attending
circumstances meet all the criteria outlined in this policy and in State law. The
purpose of this policy is to set forth the process and criteria by which
implementation of "Traffic Calming Measures" on public streets may be
considered. The policy only applies to requests initiated by citizens.
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Traffic calming measures by this policy include all "official traffic control devices"
authorized by the Texas Vehicle Code.
Section 3.0 - Traffic Calminø Process
The following process will be used by the City to address traffic concerns:
3.1 Resident(s) inform the City regarding a potential problem area. If the problem
specifically involves speeding or cut-through traffic, the complaint will be
processed through the Public Works Department. This does not include
Police enforcement of speeding issues on public streets.
3.2 The resident(s) must complete and return the "Neighborhood Action Request
Form" shown as attachment "1" in this policy. The form requires a written
description of the resident's concerns and requires signatures from four (4)
separate residents in the impacted area.
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3.3 After receiving the Neighborhood Action Request Form, the City will prepare
an existing condition traffic analysis. The results of the traffic analysis will identify
the type of traffic problem that the neighborhood faces (i.e. speeding problem, "cut-
through" traffic or both). The "type" of problem identified will provide Public Works
the direction needed to select a traffic calming measure. If applicable, Level 1 or
Level 2 traffic calming options will be recommended by City staff to the residents
living on the streets that have submitted the Neighborhood Action Request Form.
Level 1 and Level 2 measures will be implemented by the City at the City's cost.
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3.4 If, after the Level 1 or Level 2 measures are in place for a minimum of three (3)
months, and the City determines that Level 1 or Level 2 measures do not
adequately address the applicants' concerns, the City may conduct additional
studies to determine whether Level 3 or Level 4 measures are appropriate.
This will include consulting the Police and Fire Departments to determine if the
street is critical to emergency vehicle response and, therefore, ineligible for certain
measures.
3.5 If a Level 3 implementation plan is developed, the residents shall submit
a petition as outlined in Section 4.0. If support, as defined in Section
4.0, is demonstrated through the petition process, the City will implement Level 3
measures at a 50-50 cost with the residents of the affected area. The residents'
share of the cost will be collected on a volunteer only basis by the local residents
and the total amount of the residents' share must be presented to the City prior to
construction of the measures.
3.6 Approval of a Level 3 traffic calming measure does not guarantee that
the City will have the funding available for its share of the cost. The City's share of
the cost may need to be approved in future years. If this situation occurs, the
property owners have the option of waiting until City funds are available or paying
100% of the cost of Level 3 traffic calming measures.
3.7 If a Level 4 implementation plan is developed, the residents shall submit a petition
as outlined in Section 4.0. If support, as defined in Section 4.0, is demonstrated
through the petition process, the City will implement Level 4 measures at a 100%
basis cost with the residents of the affected area. The residents' share of the cost
will be collected on a volunteer only basis by the local residents and the total
amount of the residents' share must be presented to the City prior to construction
of the measures.
3.8 If a traffic calming measure is determined by City Staff not to be eligible on a
qualifying street, applicants will be notified in writing giving the reason. The
applicants may appeal the decision to the City Manager within 21 days of the
notification date. Such appeal shall be in writing, signed by the persons desiring to
appeal, and shall state the reasons and basis of the appeal, listing any errors which
formed the basis for staff decision. The City Manager will review the determination
and respond to the applicants within 30 days of the appeal request. Streets that do
not meet the qualifying criteria, as outlined in Section 2.0 of the Traffic Calming
Policy, are not eligible for traffic calming measures. For if the applicants disagree
with the City Manager's decision on a Level 4 matter, the applicants may, by a
written signed document, appeal to the City Council. Such appeal shall set forth the
basis for such appeal.
Section 4.0 - Traffic Calmina Petition Reauirements
The following procedures must be followed in order to submit a petition for Level 3 or
Level 4 measures to the City:
4.1 The City will recommend and examine the technical feasibility and anticipated
impacts of the proposed traffic calming measures. This overview will include
items such as State law, the Circulation Element of the City's General
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Thoroughfare Plan, the type of road or street involved, compliance with
engineering regulations, existing traffic conditions, projected traffic conditions,
discussions with Police and Fire services, the potential for traffic diversion to
adjacent streets, impacts to emergency vehicle response times and the
increased liability exposure for the City or conflicts with future planned
improvements.
4.2
The Public Works Department will determine the boundary of the "affected area" to
be petitioned. The affected area will include those property owners where
necessary travel routes to and from their residential property are to be altered by
the proposed neighborhood traffic calming measure(s), and/or properties which are
likely to be significantly impacted by traffic that is to be diverted to their street
through implementation of the measure(s). The Public Works Department will
provide a map of the affected area and listing of all property owners addresses.
The Public Works Department will also determine the boundary of any surrounding
areas that may be impacted by the implementation of a traffic calming measure.
4.3
The petition shall be approved by the Public Works Department prior to circulation
for signatures. After receiving the approved petition form from the Public Works
Department, the petition shall be circulated for resident signatures. The petition
requesting the neighborhood traffic calming measure must be supported by a
minimum of 80% of the total number of properties contacted for Level 3 measures
and 85% for Level 4 measures. The petition should include property owners within
the "affected area". Persons submitting petitions must attempt to contact all
affected parties.
. 4.4 At a minimum, petitions submitted to the City for review must include the following:
4.41 A statement that all persons signing the petition acknowledge it is the City's
policy that they will be responsible for costs directly associated with the
design and construction of Level 3 or 4 traffic calming measures.
4.42 A current address and phone number for each property owner who signs the
petition.
4.43 The petition language must also clearly explain, and show on a drawing or
plan, the location and the nature of the proposed traffic flow modifications
and potential impacts.
4.44 The petition language and attached drawing must be reviewed and approved
by the City prior to circulation to ensure its accuracy and ability to be clearly
understood.
A sample petition has been provided, shown as "Attachment 1" in this policy.
Section 5.0 - Traffic Calmina Petition Review Process
The following process will be used by the City to review all petitions associated with
proposed neighborhood traffic management measures:
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5.1 The City will review any petition to verify compliance with all petition requirements
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accepted for consideration and will be returned. If the petition contains all of the
required information under this policy, a random sample phone call survey of
those who signed the petition will be conducted by the City, requesting verification
of their support or opposition to the proposed neighborhood traffic calming
measures.
5.2
If the petition contains all of the required information under this policy and is
properly verified, the City will proceed with implementing the Level 3 or Level 4
measure(s) after the residents' share of the cost is paid in full to the Public Works
Superintendent. Do not mail the payment, it must be paid "in person" so that a
receipt can be furnished. As explained in Section 3.5, approval does not
guarantee that the City will have it's share available. The City's share may need
to be budgeted in future years. The property owners may elect to pay 100% of
the cost in order to expedite the installation of Level 3 traffic calming measures.
Section 6.0 - ImlJacts of Traffic Calmina Devices
Before the City decides to pursue Levels 3 and 4 traffic calming options, Level 1 and 2
options need to be tested. It is important that the impacts of all Levels of traffic calming
be carefully considered. While Levels 3 and 4 options can be successful, they can also
result in problems more significant than the original concern. This section of the policy
will describe the possible impacts of Levels 3 and 4 traffic calming measures. In most
instances, the benefits are quite obvious and predictable, while the disadvantages can be
much more unexpected. Consequently, a greater emphasis has been placed on the
potential problems so that decisions can be made in a more fully informed manner.
6.1 Effectiveness of Traffic Calming Devices - Physical actions such as the installation
of speed bumps, traffic circles, street closures, etc. are almost always successful
in forcing traffic to behave in an intended fashion. In certain situations, they can
achieve the desired result by utilizing a one-time capital expenditure and generally
low ongoing maintenance costs. Levels 3 and 4 traffic calming actions are
generally viewed as much more "permanent" solutions than Levels 1 and 2
actions. In more instances, the alternative approach to the desired result involves
repetitive and costly ongoing Levels 1 and 2 traffic calming actions such as traffic
enforcement and use of the radar display board. There are significant potential
long-range benefits to utilizing Levels 3 and 4 traffic calming measures.
6.2 Effect on Emergency Vehicles Response Times - Any traffic calming measure that
might be effective because it physically controls traffic, generally has a much more
negative impact on several classes of emergency vehicles. The City, as well as
its residents and businesses, place a very high priority on minimizing emergency
response times. Installation of most physical traffic calming tools can significantly
worsen emergency response time. This is especially true for fire apparatus and
ambulances. Because of the heavy weight of fire engines and the delicate
instruments and patients within ambulances, these vehicles must almost come to
a complete stop when they encounter a bump, dip or sharp curve. Creating
bumps, dips and sharp curves is often precisely the objective being sought by
many of the traffic calming tools. While these maneuvers will cause moderate
discomfort and delay for normal passenger vehicles, they cause a much greater
problem for emergency response vehicles.
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Studies have shown the following average delays to emergency vehicles for certain types
of devices:
AMBULANCES
FIRE TRUCKS
.
Each Speed Bump
Each Traffic Circle
2.3-9.7 seconds
Not Available
3-5 seconds
1.3-10.7 seconds
6.3 The City's Fire Department is concerned about the affect these devices could have
on response times and will have an initial review of all proposed changes involving
Level 3 and 4 options with the ability to veto any changes affecting critical access
streets. This impact will have to be addressed for each area for which Level 3 and
4 traffic calming options are requested.
6.4 Traffic Diversion - Another concern is that in many instances implementing traffic
calming devices will likely move the problem rather than solve the problem. In
most instances, the placing of impediments on a particular neighborhood street
may merely divert some or all of that traffic to other neighborhood streets. In these
cases, a neighborhood-wide approach may have to be taken.
6.5 Considerations for Other Roadway Users - In addition to the safety concerns
already discussed in this report, Levels 3 and 4 traffic calming actions can often
have unintended negative safety impacts on certain roadway users. Depending on
the device, they can result in worsening the situation for a range of roadway users
such bicyclists, pedestrians, and parked cars.
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6.6 Noise Impacts - The noise impact to adjacent residents resulting from vehicles
braking, going over and around some types of traffic calming devices can have a
major impact on the acceptability of these devices by residents living close to
them. The unanimous support of residents living immediately adjacent to locations
where physical changes are proposed will be essential to the success of any
project.
6.7 Loss of Parking - It is often necessary to prohibit on-street parking in the immediate
vicinity of the intersection in order to accommodate the realigned vehicle path.
There are also significant on-street parking impacts from several options in Levels
3 and 4. In these cases, the adjacent residents should be aware that a loss of on-
street parking in front of their residence will occur.
6.8 Visual Impacts and Aesthetic Concerns - While some traffic calming devices can
have favorable aesthetic impacts, others can be, by their nature, unsightly.
Devices such as speed bumps and diverters must often pose no opportunity for
the incorporation of aesthetics and can actually have negative visual impacts.
Virtually all Level 3 and 4 traffic calming actions require reflective devices, signs
and striping which may negatively effect the aesthetics of a neighborhood.
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6.9 Increased Maintenance Costs -Street maintenance costs will increase in two
areas. Landscaping associated with such devices as traffic circles, chokers,
neckdowns, and slow points will require regular maintenance. Devices such as
speed bumps will have to be reinstalled each time a residential street is
overlayed.
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Section 7.0 - Traffic Calmina Measure; Neiahborhood Soeed Watch Proaram
Description
· The Neighborhood Speed Watch Program is a public awareness and education
program that allows concerned citizens to actively participate in encouraging
slower speeds in their neighborhood.
Application
· Used to help drivers become aware of the neighborhood's concern for speeding
problems.
Procedures
· Phase 1 - The Public Works Department loans out a radar unit, at no cost, to one
designated person responsible for pick-up and return of the equipment. At the
time the equipment is picked up, a loan and usage agreement is signed and the
designated person will be trained to properly operate the radar equipment. The
equipment may be used up to three calendar days. The Public Works Department
provides forms to record information about the speeding vehicles, such as make,
model, and license number. Two people are usually needed - one to clock the
speeds and read out the license plate number and description of the cars, and the
other to fill out the forms. The Public Works Department then sends a letter to the
registered owner of the violating vehicle, informing the owner that the vehicle was
seen on a specific street exceeding the legal speed limit. We explain that the local
residents are concerned about safety for their families and encourage drivers
using their street to drive in a safe and cautious manner.
· Phase 2 - After letters are sent out to the registered owners of the speeding
vehicles, the City uses a trailer equipped with a radar display board on the street.
The radar display board flashes the speed of the vehicles so that drivers can see
how fast they're traveling, in relation to the legal speed limit. The radar display
board is operated during a time specified by residents as having the worst
speeding problem. The North Richland Hills Police Department assists during the
radar display by assigning a police officer to provide enforcement. Their presence
during this phase of the program has proven to be valuable in emphasizing the
City's partnership with the residents in combating the problem of speeding on
neighborhood streets.
· Phase 3 - We will ask the Police Department to provide follow-up enforcement.
Potential Impact
· May have long-term effects as neighbors become more aware of who is speeding.
· Speeds may be reduced during short intervals when the radar gun is in use.
· An effective public relations and educational tool.
· Reduces the speed of the motorists who live in the neighborhood. Most people
speeding in a neighborhood live in that neighborhood.
· Not effective on multi-lane roadways that have significant traffic volumes. In these
cases, there is limited ability to differentiate between more than one approaching
vehicle.
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Section 8.0 - Level 2 Traffic Calmina Measure; Rumble Strips
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Description
· Ceramic buttons, bump strips, or dots are glued to the pavement to create a strip
that causes the vehicle to rumble as it traverses through them.
Application
· Used to cause vehicles to slow down.
· Used in advance of marked crosswalks.
· Can be used at school speed zones.
Design/Installation
· Typically designed in strips consisting of 4 to 5 rows traversing the traveled path of
the roadway.
· Strips are designed to cause the vehicle to rumble as it traverses through them.
Potential Impacts
· Vehicles slow down by 5 miles per hour (MPH).
· Driver's attention is alerted to heightened safety.
· Low cost installation that can easily be removed or changed.
· Very high level of noise pollution for adjacent residents.
· High maintenance is required to reattach strips to the pavement.
Section 9.0 - Level 3 Traffic Calmina Measures (Minor street chanaes)
. a. CHOKERS
Description
· Curb extensions at mid-block or intersection corners that narrow a street by
extending the sidewalk or widening the planting strip.
· Can leave the cross section with two narrow lanes or with a single lane.
· At mid-block, sometimes called parallel chokers, angled chokers, twisted chokers,
angle points, pinch points, or mid-block narrowings.
· At intersections, sometimes called neckdowns, bulbouts, knuckles, or corner
bulges.
Application
· Local residential and collector streets.
· Main roads through subdivisions.
· Works well with speed bumps, speed tables, raised intersections, textured
crosswalks, and raised median islands.
Design/Installation
· Typically designed to narrow road to 20 feet for two-way traffic.
· Provides opportunity for landscaping.
· Chokers are formed as islands extending from the existing curb line of the street.
e · Drainage issues must be considered.
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Potential Impacts
· Reduce speeds from 4% - 14%.
· Discourages truck entry.
· Reduces pedestrian crossings width and increases visibility of pedestrians.
· Creates added streetscape area for pedestrians and/or landscaping.
· Potential obstacle for motorist to run into.
· Can impact parking and driveway access.
· Can impede legitimate truck movements.
· May require re-working of surface drainage.
· Preferred by emergency response personnel compared to other traffic calming
measures.
b. CENTER ISLAND NARROWING AND TWO LANE ANGLED SLOW POINT
Description
· Raised islands located along the centerline of a street that narrows the travel lanes
at that location.
· Sometimes called mid-block medians, median slow points, or median chokers.
· Sometimes three islands are used to create an angled path of travel for vehicles.
The effect of angling the travel path slows vehicles down.
Application
· Are often nicely landscaped to provide visual amenity and neighborhood identity.
· Can help pedestrianize streets by providing a mid-point refuge for pedestrian
crossing.
· Sometimes used on wide streets to narrow travel lanes.
· Works well when combined with crosswalks.
Design/Installation
· Typically designed to narrow road to 20 feet for two-way traffic.
· Provides opportunity for landscaping.
· Typically three islands are used to create an angled path of travel for vehicles.
Potential Impacts
· Slow vehicle speeds. .
· Reduces pedestrian crossing width.
· May visually enhance the street through landscaping, but may also limit visibility
of pedestrian crossings.
· Fire and emergency response vehicles are not impeded significantly.
· Loss of on-street parking.
· Landscaping and signing/striping has to be regularly maintained.
c. RAISED INTERSECTIONS
Description
· Flat raised areas covering entire intersections, with ramps on all approaches and
often with brick or other textured materials on the flat section and ramps.
· Sometimes called raised junctions, intersections bumps, or plateaus.
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Application
· Works well with curb extensions and textured crosswalks.
· Often part of an area wide traffic calming scheme involving both intersecting
streets.
· Can be used on higher or lower volume streets.
Design/Installation
· Typically rise to sidewalk level.
· Storm drainage modifications as necessary.
· May require bollards to define edge of roadway.
Potential Impacts
· Effective speed reduction.
· Reduction in mid-block speeds of 10% - 15%.
· No effect on access.
· Good pedestrian safety treatment - makes intersection more pedestrian-friendly.
· Expensive to construct.
· Slows emergency vehicles to approximately 15 miles per hour (MPH).
d. NEIGHBORHOOD TRAFFIC CIRCLE
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Description
· Raised islands, placed in intersections, around which traffic circulates.
· Motorists yield to motorists already in the intersection.
· Requires drivers to slow to a speed that allows them to comfortably maneuver
around them.
· Sometimes called intersection islands.
Application
· Intersections of local residential or minor C2U collector streets. Not intended for
streets that are classified as major thoroughfare streets.
· One lane of traffic each direction entering intersection.
· Not to be used at intersections with a high volume of large trucks.
· Effective at solving neighborhood concerns surrounding speeding and traffic
accidents.
· Enhances the street environment for non-motorists.
.
Design/Installation
· Each traffic circle is individually designed to fit the intersection without having to
modify the street width or corner radii.
· Traffic circles are circular in shape.
· Usually 13 to 21 feet in diameter.
· Designed to allow fire trucks to pass by them.
· Landscaping is included in all traffic circles. Landscaping plays two important
roles, making the circle more attractive to the neighborhood residents and
changing the character of the street to make it less appealing for high speed
driving. Residents are allowed to add their own low growing plants that will not
block pedestrian or driver visibility.
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Potential Impacts
· No effect on access.
· Reduction in mid-block speed of about 20%; area of influence tends to be a couple
hundred feet upstream and downstream of intersection.
· Landscaping makes traffic circles an attractive addition to a street.
· Accident reduction - intersection collisions have been reduced on average by 70%
and overall collision by 28%.
· Emergency vehicles typically slow to approximately 10-15 miles per hour (MPH);
approximate delay of between 5 and 8 seconds per circle for fire trucks.
· Large vehicles may need to turn left in front of the circle.
· Landscaping needs to be designed to allow adequate sight distance.
e. SPEED BUMPS
Description
· Rounded raised areas of pavement typically 12 to 14 feet in travel length.
· Often placed in a series (typically spaced 300 to 600 feet apart).
· Sometimes called road bumps or undulations.
Application
· Local residential streets only - street cannot be classified as a collector, arterial,
major thoroughfare or as a primary route for emergency response vehicles.
· A street with less than 8% grade.
· The street must not have curves that prevent safe placement of the bumps.
· The elevation of property adjacent to a speed bump location must be above top of
curb, as determined by the Department of Public Works.
· Used to reduce speed and enhance the street environment for non-motorists.
· No more than one moving lane of traffic in each direction.
Design/Installation
· Typically 12 to 14 feet in traveled length.
· Speed bump shapes include parabolic, circular, and sinusoidal.
· Speed bump height is 3% inches maximum.
· Difficult to construct precisely - tolerance of +/- % inch on height.
· Signage (advance warning and sign or marker at each bump).
· Pavement markings on each bump (zigzag, shark's tooth, chevron, zebra).
· Taper edge near curb to allow gap for drainage.
· Speed advisory plates mounted to warning sign of 25 miles per hour (MPH).
· Public Works Staff will determine where the speed bumps will be placed on the
street.
· Applicants cannot object to the location as to where the speed bumps can be
placed on the petitioned street.
Potential Impacts
· No effect on non-emergency access.
· Speeds determined by height and spacing - speeds between bumps have been
observed to be reduced between 20% and 25% on average.
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· Speeds typically increase approximately ~ or .5 miles per hour (MPH) midway
between bumps for each 100 feet of separation.
· Studies indicate that traffic volumes have been reduced on average by 18 percent,
depending on alternative routes available.
· Possible increase in traffic noise from braking and acceleration of vehicles.
· Traffic diversions to other residential streets can occur.
· Aesthetics of bumps and associated signs and markings create resident concerns.
· Speed bumps create concerns with emergency vehicle response times
(approximate delay of 3 to 5 seconds per bump for fire trucks and up to 10
seconds for an ambulance with a patient).
f. SPEED TABLES
Description
· Long raised speed bumps with a flat section in the middle and ramps on the ends.
· Sometimes called flat top speed bumps, trapezoidal bumps, speed platforms,
raised crosswalks, or raised crossings.
Application
· Local residential and minor C2U collector streets.
· Typically long enough for the entire wheelbase of a passenger car to rest on top.
· Works well in combination with textured crosswalks, curb extensions, and curb
radius reductions.
· Can include a crosswalk.
. Design/Installation
· Typically 22 feet in the direction of travel with 6 foot ramps on each end and a 10
foot flat section in the middle.
· Most common height is between 3 and 4 inches.
· Ramps are typically 6 feet long and are either parabolic or linear.
· Careful design is needed for drainage.
Potential Impacts
· No effect on access.
· Speeds are reduced, but usually to a higher crossing speed than speed bumps
(typically between 25 and 28 miles per hour).
· Traffic volumes have been reduced on average by 12% depending on alternate
routes available.
· Collisions have been reduced on average by 45% on treated streets.
g. CHICANES
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Description
· A series of narrowings or curb extensions that alternate from one side of the street
to the other forming S-shaped curves.
· Also called deviations, serpentines, reversing curves, twists, and staggerings.
· Can be landscaped.
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Application
· Appropriate for mid-block locations only.
· Most effective with equivalent volumes on both approaches.
· Typically is used as a series of at least three curb extensions.
Design/I nstallation
· Unless well-designed, chicanes may still permit speeding by drivers cutting
straight paths across the center line.
· Shifts in alignment of at least one lane width is recommended and deflection
angles of at least 45 degrees along with center islands so that drivers cannot take
a straight "racing line" through the feature.
Potential Impacts
· No effect on access.
· Limited data available on their effect on speed, volume, and collision.
· Street sweeping may need to be done manually.
· Can impact parking and driveway access.
· Provides opportunity for landscaping.
· Emergency response typically prefers two-lane chicanes to speed bumps.
Section 10.0 - Level 4 Traffic Calmina Measures (Maior street chanaes)
a.
Half Closures - Barriers that block travel in one direction for a short distance on
otherwise two-way streets; they are sometimes called partial closures, entrance
barriers, or one-way closures (when two half-closures are placed across from
one another at an intersection, the result is a semi-diverter).
.
b. Diagonal Diverters - Barriers placed diagonally across an intersection, blocking
through movement; they are sometimes called full diverters or diagonal road
closures.
c. Median Barriers - Raised islands in the centerline of a street and continuing
through an intersection that blocks the left turn movement from all intersection
approaches and the through movement at the cross street.
d. Full Street Closures - Barriers placed across a street to completely close the
street to through-traffic, usually leaving only the sidewalk open, they are
sometimes called cul-de-sac or dead-ends.
.
Application
· Local residential streets only.
· Closures are typically applied only after other measures have failed or been
determined to be inappropriate.
· Often used in sets to make travel through neighborhoods more circuitous _
typically staggered internally in a neighborhood, which leaves through-movement
possible but less attractive than alternative (external) routes.
· Used as a crime prevention tool.
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Design/Installation
· Legal issues associated with closing a public street.
· Can be placed at an intersection or mid-block.
· Barriers may consist of landscaped islands, walls, gates, side-by-side bollards, or
any other obstruction that leave an opening smaller than the width of a passenger
car.
Potential Impacts
· Reduces speed.
· Can achieve a 20% - 70% reduction in traffic volumes.
· Can be landscaped for an attractive effect to convey street discontinuity.
· Improved traffic safety.
· Concern over effects on emergency response, street network connectivity and
capacity, and parallel local streets that carry diverted traffic.
· Maintenance of the landscaped area will have to be provided for.
· Loss of on-street parking.
· Inconvenience for local residents who are forced to drive longer, more circuitous
paths to/from their homes.
Page 14 of 14
9/17/2003
·
ATTACHMENT 1
ACTION REQUEST FORM
AND
SAMPLE PETITION
·
City of North Richland Hills
Traffic Calming Action Request Form
We, the undersigned, believe our neighborhood traffic situation warrants the City's Traffic
Calming Program. The following signatures represent at least four (4) different residents in
the neighborhood indicating the neighborhood's commitment to work with City Staff for a
safer traffic environment within our neighborhood. We also understand that Level 1 and
Level 2 measures will be tried prior to use of, or discussion of, Level 3 or Level 4 measures,
and that if Level 3 or Level 4 measures are permanently installed, the residents of the
neighborhood will be responsible for a portion of the installation costs.
Signature
Address
Phone (Day)
1.
2.
3.
4.
Contact Name:
Phone (Day):
Address:
Date:
Location of Concern (Attach Map):
What concern do you have at this location:
After completing this form, please return it to: Public Works Superintendent/Streets,
7200A Dick Fisher Drive South, North Richland Hills, TX 76180.
If you have any questions, please call (817) 427-6460.
·
CITY OF NORTH RICHLAND HILLS
TRAFFIC CALMING PETITION
The top section to be completed by City Staff
Petition to modify the traffic flow on
between
and
by the installation of
at (attach map)
Signature
Date
BEFORE YOU SIGN THIS PETITION, KNOW WHAT YOU ARE SIGNING! IT IS
RECOMMENDED THAT YOU FIRST READ THE CITY'S TRAFFIC CALMING POLICY.
We, the undersigned residents of the area shown on the attached map, do petition the City
of North Richland Hills to install traffic calming devices as shown on the attached drawing.
All persons signing this petition acknowledge it is the City's policy that they will be
responsible for costs directly associated with installing of Level 3 and Level 4 traffic calming
measures.
All persons signing this petition do hereby certify that they reside within the area impacted by
the proposed traffic flow change as shown on the attached map.
Designated Contact Person:
Phone:
Print Name
Sianature
Street Address
Phone
Print Name
Sianature
Street Address
Phone
.
·
ATTACHMENT 2
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ATTACHMENT 3
PICTURES AND DIAGRAMS
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-
Announcements and Information
September 23, 2003
Announcements-Council Member Welch
The Fire Department Open House will be held on Saturday. October 4th.
This is a free, family event that is educational and fun. There will be fire
trucks displayed, fire extinguisher demonstration, children's crawl through
smoke house and a Goof Troop performance. The event will be held from
10:00 a.m. - 3:00 p.m. at Fire Station 4 on Mid Cities and Tecnol Blvd. For
information, call 817-427-6900.
Information
September 27
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.
Officer Todd Espy, Police Department - An email was received from a
NRH resident complimenting Espy for his courteous manner in which he
gives citations. With officers such as this, "it wasn't so bad getting a ticket
in NRH."
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