HomeMy WebLinkAboutCC 2003-05-08 Agendas
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
MAY 8,2003 - 6:00 P.M.
For the Special meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 6:00 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. Person 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
3. Pledge of Allegiance
5. GN 2003-058 Canvassing May 3, 2003 Municipal Election -
Resolution No. 2003-047
6. Special Recognition - Lyle E. Welch
7. GN 2003-059 Oath of Office
8. Adjournment PC ~T~11
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Council Meeting Date: 5/8/03
Subject: Canvassinq Mav 3. 2003 Municipal Election -
Resolution No. 2003-047
Agenda Number: GN 2003-058
The attached resolution canvasses the votes cast at the Municipal Election held May 3,
2003 and declares the winning candidates for Council Places 1 3, 5 and 7.
Recommendation:
To approve Resolution No. 2003-047
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
Finance Director
G?aøba: ~
Department Head Signature
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RESOLUTION NO. 2003-047
WHEREAS, an election was duly held in the City of North Richland Hills on the 3rd day
of May, 2003, to elect City Council places 1, 3, 5 and 7; and
WHEREAS, the City Council has met and canvassed the votes cast in such election;
and,
WHEREAS, such canvass shows the following results:
City Council - Place 1
Number of Votes
John H. Lewis
Nancy Bielik
540
420
City Council - Place 3
Frank Metts, Jr.
691
City Council - Place 5
David Whitson
698
City Council - Place 7
Tim Welch
689
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
Section 1: THAT the above canvass be, and the same is hereby approved.
Section 2: THAT the following are, and the same are hereby declared to have been elected
to the offices listed below to serve until May of 2005, or until their successors are duly elected
and qualified.
Citv Council - Place 1
John H. Lewis
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Resolution No. 2003-047
Page 2 of 2
City Council - Place 3
Frank Metts, Jr.
City Council- Place 5
David Whitson
City Council - Place 7
Tint Welch
AND IT IS SO RESOLVED.
Passed the 8th day of May 2003.
. ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Council Meeting Date: 5/8/03
Subject: Oath of Office
Agenda Number: GN 2003-059
The Oath of Office will be administered to each of the newly elected officials. The City
Secretary will be prepared to administer the Oath of Office. However, if you desire to have
someone else administer your oath, please advise the City Secretary prior to the May 8
meeting in order for the City Secretary to provide the proper forms. Councilmen Metts and
Whitson have advised that their pastors will administer their oaths of office.
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Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
· Øabu~~
Department Head Signature
Account Number
Sufficient Funds Ävallable
Finance Director
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I n the name and by the authority of
The State of Texas
OATH OF OFFICE
I, , do solemnly
swear (or affirm), that I will faithfully execute the duties of the office of
of the
State of Texas, and will to the best of my ability preserve, protect, and defend the
Constitution and laws of the United States and ofthis State, so help me God,
Affiant
SWORN TO and subscribed before me by affiant on this
Signature of Person Administering Oath
(Seal)
Printed Name
Title
See Reverse Side
for Instructions
Revised August 1999
Form #2204
day of
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
MAY 12, 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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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular May 12, 2003 City Council
MeetinQ (5 Minutes)
Update on Traffic Signal at Loop 820 and Industrial Park
2. I R 2003-048 Boulevard (5 Minutes)
13. IR 2003-047 Discuss Presentation of Fire Stations 4 & 1 Elevations (15
Minutes)
14. I R 2003-046 Update on West Nile Virus (10 Minutes)
5. I R 2003-049 Discuss Legislative Update (10 Minutes)
6. I R 2003-050 Discuss Development of Traffic Calming Policy (5 Minutes)
7. *Executive Session - The Council may enter into closed
Executive Session to discuss the following:
Deliberation Regarding Real Property as Authorized by
Government Code §551.072
Land Acquisition AlonQ Davis Blvd. North of Starnes
8. Adjournment
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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05/12/03
City Council Agenda
Page 1 of 3
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
MAY 12, 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 -
Smithfield Middle School -
Susan Fisher, Principal and Nancy
Hopper, Teacher
3. Pledge -
Smithfield Middle School -
Susan Fisher, Principal and Nancy
Hopper, Teacher
4. Special Presentations
Proclamation -
National Public Works Week
5. GN 2003-060 Election of Mayor Pro Tem
6. Removal of Item(s) from the Consent Agenda
6a. Consent Agenda
a. Minutes of the Council Meeting April 28,
2003
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05/12/03
City Council Agenda
Page 2 of 3
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NUMBER ITEM ACTION TAKEN
Public Hearing to Consider a Request from
7. PZ 2003-04 O'Reilly Auto Parts for the Approval of a Special
Use Permit (SUP) for a Retail Auto Parts Store
in the "LR" Local Retail District (Located at 7401
Grapevine Hiqhway) - Ordinance No. 2707
Public Hearing to Consider a Request from Hi-
8. LRB 2003-01 Lo Auto Parts L.P. for a Variance from
Ordinance No 2473 Landscape Regulations
Requiring a 15' Landscape Setback at 7401
Grapevine Hiqhway
Consideration of a Request from Charles Athans
9. PS 2003-10 for the Approval of the Final Plat of Lot 10AR,
Block 11 North Richland Hills Addition Located
at 7401 Grapevine Highway (approximately 1.05
acres)
Consider Naming of Neighborhood Parks -
10. GN 2003-061 Foster Village Elementary and Snow Heights
Elementary
Approve Resolution Providing Assurances on
11. GN 2003-062 the Funding of Requirements of the
Enforcement Response Plan Required by the
Texas Commission on Environmental Quality-
Resolution No. 2003-048
Adopt a Revised Industrial Wastewater
12. GN 2003-063 Ordinance - Ordinance No. 2706
Award Annual Contract for Lockbox Services to
13. PU 2003-027 Frost Bank - Resolution No. 2003-046
14. Action on Any Item Discussed in Executive
Session listed on Pre-Council Agenda
15. a) Citizens Presentation
b) Information and Reports
16. Adjournment
~S.TED
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05/12/03
City Council Agenda
Page 3 of 3
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-048
Date:
May 12, 2003
Subject:
Update on Traffic Signal at Loop 820 and Industrial Boulevard
Staff was requested by Council on April 28, 2003 to provide a detailed report on the traffic
studies that warranted a traffic signal at Loop 820/lndustrial Park Boulevard (north side only)
and some stop sign changes. Since the traffic studies were done several years ago for the
Sam's/Wal-Mart development, Kimley-Horn and Associates, Inc. (KHA) was in the process of
revising the traffic studies to reflect current traffic patterns and volumes. KHA did not believe
that the current traffic data would change any recommendations; however staff wanted the
presentation to reflect "today's" traffic volume.
Staffs plan was to present the results of the traffic study (with updated traffic counts) at the May
12,2003 Council Meeting. However, the Texas Department of Transportation (TxDOT)
contacted the Public Works Department on May 5, 2003 indicating they would like to conduct
additional traffic studies at this site before any changes are made. Even though TxDOT had
already approved the proposed traffic signal and issued the permit for its construction, they want
to conduct additional analysis. It is uncertain at this point in time when TxDOT will be finished
with their study and what TxDOT will allow to be changed at the intersection. Staff has
instructed KHA to stop all work in preparation of the Council presentation until TxDOT
completes its work.
The project to install the traffic signal was bid on April 1, 2003. The contract documents allow
the City 45 days to award the contract. The 45 day time limit will expire May 14, 2003. The
contractor has been notified that TxDOT wants to conduct additional traffic studies before the
project is awarded. Since it is certain that TxDOT will not be complete with its study before
May 14, 2003, any future improvements made at the intersection will need to be bid again.
Staff will provide an update to Council as soon as TxDOT completes its traffic studies. No
changes will be made to the intersection until all studies are complete and Council is notified.
Respectfully submitted,
ïiZi\,;L CJ;.'
. ike Curtis, P.E.
Public Works Director
RMC/smm
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR# 2003-047
~ Date:
T Subject:
May 12, 2003
Discuss Presentation of Fire Stations 1 and 4 Elevations
As the City Council may recall, the City contracted with the firm of Randall Scott and
Associates to design Fire Stations 1 and 4 for the selected sites. The process has included
the programmatic and schematic design phase to this point. After presentation of the
proposals, the design development phase will begin.
Monday night, the firm of Randall Scott and Associates and their sub-contractor, Wiggington,
Hooker and Jeffries, will present elevations and site plans of the two stations. Station 1 is
located in the Forest Glen area and Station 4 is being relocated to the northwest corner of
Hightower and Douglas.
Staff looks forward to presenting the progress of these facilities to the Council.
Respecffully S3V~
¿gJ3
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-046
. ^ Date: May 12, 2003
~ Subject: West Nile Virus Update
The North Richland Hills City departments that will be specifically dealing with mosquito control
issues this summer are Public Works and Environmental Services (Consumer Health and the
Humane Division). Citizens are already calling with questions dealing with this issue, and
these departments are planning to work together to effectively deal proactively and reactively
with public concerns.
Environmental Services will continue to stress the importance of personal protection, and has
already begun to distribute larvicide briquettes in areas of standing water on public land as
requested by citizens.
These briquets have the active ingredient BTi, a nontoxic, environmentally friendly larvicide with
a duration of approximately 30 days. Both BTi briquettes and BTi granules are available for
citizens to purchase and place on their property, and can be purchased under such names as
"Mosquito Dunks" and "Bactimos Briquets." They can be purchased at North Richland Hills
businesses Green Mama's, Smithfield Feed and Garden, Home Depot, and Wal-Mart.
Also, mosquito 'collection and submission to the Tarrant County Health Department will begin
May 15, 2003; this mosquito collection will provide surveillance for the presence of West Nile
Virus in area mosquitoes and it supported by a grant through Tarrant County Health
Department.
Public Works will be distributing a granular larvicide, Clarke 5% Skeeter Abate, in areas of
standing water on public land as requested by citizens and as observed by Public Works
employees. These granules have a duration of approximately 45 days. The active ingredient of
this product is Temephos in a 5% concentration which should have minimal effect on the
environment at this low concentration. Public Works will also be fogging with Permethrin
(synthetic pyrethroid) adulticide spray, as requested by citizens. A list of citizens that have
reported allergies to chemical pesticides will be checked prior to spraying a street or area; if a
citizen with a reported allergy lives in the near vicinity, that area will not be sprayed. As a ULV
spray, Aqua-Reslin is diluted significantly with water (1: 15 or 1 :30), and in these low levels, it
should not be harmful to the environment.
The Humane Division will be involved with public education and dead bird complaints and
possible collection where necessary, although dead birds will not be tested by any regulatory
agency this year.
A data base is being set up so that all of the departments involved can enter information on
areas that have been sprayed, treated with larvicide granules or BTi briquettes, untreated areas
of citizen concern, and reported locations of dead birds. This system of communication will
facilitate a more structured ability to address concerns and educate citizens as to what is being
done by the City of North Richland Hills nd should provide valuable information for dealing with
WNV in the future.
Re~ Submitted;
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Pam Burnev. Environment Services Director
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
NO.1R 2003-049
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~ Date May 12, 2003
T SUbj~ct:State Legislative Update
Attached is a current Legislative Update for the 78th Regular Session of the Texas
Legislature. At this time, we are tracking 788 city-related bills, of which, 135 are on the
attached Priority list. From the date of the Council Meeting on May 12th, there are only three
weeks left in the RegularLegislative Session. Also, May 12th is the last day for committees
to report same chamber bills and joint resolutions out of committee. All same chamber bills
still in committee at that time are effectively dead. The following is a list of points-of-interest
related to the current session.
· House Bill 1, Appropriations Bill ,
· HB 1 has passed both the House and the Senate, however, there is a large
discrepancy between the two with regard to funding for public transportation. The
Senate version ofthe budget for public transportation reduces the House version by
more than 29% and translates into more than a 25% cut from the current budget. The
bill is moving to a conference committee to work out the differences in the bill..
· Photographic Traffic Signal Enforcement - HB 901 failed to pass to engrossment on April
28th and a motion was made to reconsider and table the bill. No action has been taken
. on the bill since this time.
· Property Exemptions - HB 86 is the bill that would freeze all city and county property
taxes on homesteads of persons over the age of 65, similar to the current freeze on
school district taxes. The bill was left pending in committee on March 13th and will die in
committee if not acted upon by May 12th. HB 136 is the bill that would authorize the
freeze on City and County property taxes for the homesteads of persons over 65 at the
option of local governing bodies or by ballot or voters after 5% petition. This bill is moving
and was received in the Senate on May 6th. We are opposing this bill because there are
already tools in place that enable cities to help ease the burden of the property tax on our
senior citizens. HB 701 is similar legislation, however, disabled persons are also included
in the exemption in this bill. This bill was scheduled for public hearing on April 24th but
no action was taken at that time or since then. HJR 60 would amend the Texas
Constitution to "freeze" city and county property taxes on the homestead of a person over
the age of 65. This bill was also left pending in committee on March 13th and no action
has been taken since.
· Transportation - HB 3185 will be heard on the House floor during the week prior to the
City Council meeting. If passed, this bill will seriously jeopardize funding for the
Northeast Transportation Service. Several letters of opposition to this bill have been sent
to Representative Bob Griggs and Representative Vicki Truitt. We will be able to give
more detail on this bill during the Pre-Council session.
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· Exempting emergency management from open records - SB 1875 would provide that:
(1) a governmental body shall not be required to conduct an open meeting to deliberate
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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a water or sewer system vulnerability assessment; and (2) information relating to such
vulnerability shall be excepted from the requirements of the Public Information Act. This
bill passed the Senate without amendments and was referred to the House State Affairs
Committee on April 14th. There are several other bills related to exempting information
related to emergency management and security from public record and they all appear
to be moving forward.
· Financial Disclosure - HB 1606 is the bill that would require mayors, council members,
municipal attorneys, and city managers to make financial disclosures regarding income,
debt, and the income and debt of the spouses of those listed above. The bill has been
amended to exclude cities under 200,000 population. Currently, the bill was scheduled
for hearing on the House Floor during the week prior to the Council Meeting but has been
postponed twice. We will be able to give more detail on the bill during the Pre-Council
session.
· Streamlined Sales Tax - HB 3143 and its companion, SB 823, would enact the statutory
changes called for by the multi-state Streamlined Sales Tax Agreement, and would
authorize the state comptroller to formally enter into the agreement on behalf of Texas.
The bill would provide that for goods shipped within Texas, provide that local sales taxes
are sourced at the point of delivery rather than the point of origin, as current law provides
and cancel the authority of cities to opt-out of the current sales tax holiday. HB 3143 was
left pending in the House Ways & Means Committee on April 9th and has not been acted
upon since. SB 823 has been heard in the Senate Finance Committee and left pending
both times. The most recent was on May 5th.
· TIF/Library Funding Issues - HB 1635, if passed, would provide that the
Telecommunications Infrastructure Fund (TIF) may be used only to make grants or loans
to public schools or institutes of higher education. Under the bill, libraries and health care
facilities would no longer be entities eligible for TIF assistance. This bill was left pending
in the Regulated Industries Committee on April 8th and has not been acted upon since.
A letter of opposition was sent to the Committee on April 7th. Also, The 2004-05 House
budget for the Telecommunications Infrastructure Fund (TIF) Board cuts all funding for
grants in the 2004-05 biennium. The House budget leaves only a small amount of funding
so that the agency can continue to monitor grants and cease operations by the end of
2004. The Finance Committee budget completely zeroes out all funding for TIF in 2004
and 2005. Differences will be worked out in Conference Committee.
Please notify Paulette Hartman or me if you have any questions on a particular bill. Staff will
stay current on the latest information and notify you when action is needed to either
encourage or discourage any legislation.
~'Y3u~
Greg Vick
Assistant City Manager
HB 1
last Activity:
General Appropriations Bill
5/1/2003
Talmadge
Description:
Position:
Committee: Appropriations
Department Effected: Budget & Research
History:
5/1/2003 House Requests Conference Committee
4/29/2003 Passed in the Senate
4/22/2003 Received in the Senate
4/7/2003 Voted Favorably from House Appropriations Committee as substituted
2/6/2003 Referred to House Appropriations Committee
2/6/2003 Filed
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HB 46 Telecommunications Infrastructure Fund
last Activity: 1/30/2003
Description: would: (1) provide that the Telecommunications Infrastructure Fund (TIF) is not subject to
sunset review until September 1, 2009; (2) allow the amount in the TIF to reach a maximum
amount of two billion dollars; and (3) provide that the comptroller may adjust or not impose
the TIF assessment on telecommunications utilities and commercial mobile service providers
if the amount in the fund exeeds certain amounts.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Library
History:
1/30/2003 Referred to House Regulated Industries Committee
12/10/200 Filed
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Wednesday, May 07, 2003
Page I of 53
HB 86 Property Tax Exemption
Last Activity: 3/13/2003
Description: Would freeze all city and county property taxes on homesteads of persons over the age of 65,
similar to the current freeze on school district taxes
McClendon
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Position: Strongly Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/13/2003 Left Pending in House Local Government Ways & Means Committee
2/3/2003 Referred to House Local Government Ways & Means Committee
12/10/200 Filed
2
HB 104 Property Tax Exemption
Last Activity: 5/1/2003
Description: would exempt from property taxes tangible personal property, other than oil or gas, that is
located at a site not under the control of the property owner for less than 270 days. The
exemption would be similar to the current freeport exemption and would permit cities to tax
these otherwise exempt goods following a public hearing. (Note: this bill would el'.lact SJR 6,
which was passed by the 2001 legislature and approved by the voters.!n November 2001.)
Position: Support Committee: Calendars
Chavez
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Department Effected: Budget & Research
History:
5/1/2003 Received in the Senate
4/29/2003 Passed to Engrossment
4/14/2003 Sent to Calendars
4/8/2003 Voted Favorably from House Local Government Ways & Means as substitued
2/3/2003 Referred to House Local Government Ways & Means Committee
11/12/200 Filed
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HB 136 Property Tax Exemption for 65
Last Activity: 5/6/2003
Description: Authorize the freeze on City and County property taxes for the homesteads of persons over
65 at the option of local governing bodies. Would only become effective if HJR 16 is approved
by TX voters.
Brown, F.
Position: Oppose
Committee: Calendars
Department Effected: Budget & Research
History:
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Wednesday, May 07, 2003
Page 2 of 53
5/6/2003 Received in the Senate
5/2/2003 Passed to engrossment
4/24/2003 Sent to Calendars
4/14/2003 Voted Favorably from House Local Government Ways & Means
3/13/2003 Left Pending in House Local Government Ways & Means Committee
2/3/2003 Referred to House Local Govemment Ways & Means Committee
12/10/200 Filed
2
HB 157 Regional Mobility Authority- Bond Issuance
Last Activity: 517/2003
Description: Would allow a regional mobility authority to issue turnpike revenue bonds
Krusee
Position: Support
Committee: Infrastructure Development and
Security
Department Effected: Budget & Research
History:
517/2003 Scheduled for public hearing
5/5/2003 Left Pending in Senate
4/29/2003 Re-referred to Senate Infrastructure Development and Security
417/2003 Referred to Senate Intergovernmental Relations Committee
4/212003 Passed to Engrossment
317/2003 Committee Report sent to Calendars
3/4/2003 Voted Favorably from House Transportation Committee as Substituted
2/25/2003 Left Pending in House Transportation Committee
2/6/2003 Referred to House Transportation Committee
12/10/200 Filed
2
HB 159
Last Activity:
Trans- Texas Corridor Condemnation of Property Krusee
2/6/2003
Description: Would allow TxDOT or a Regional Mobility authority to purchase or condemn real property for
highway, railway or utility purpose for the Trans-Texas Corridor
Position: No position
Committee: Transportation
Department Effected: Development
History:
Wednesday, May 07, 2003
Page 3 of 53
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2/6/2003 Referred to House Transportation Committee
12/10/200 Filed
2
Flores
HB 161 Property Tax Exemption for Travel Trailers
Last Activity: 2/20/2003
Description: Would make the property tax exemption for travel trailers mandatory. Would become
effective only if HJ R 19 is approved. by TX voters
Position: Strongly Oppose Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
2/20/2003 Left Pending in House Local Government Ways & Means Committee
2/6/2003 Referred to House Local Government Ways & Means Committee
12/10/200 Filed
2
HB 164 Street Maintenance Tax Availability
Last Activity: 517/2003
Description: Would provide that the local option ·street maintenance sales tax may be levied at either 1/8
or 1/4 of one percent
Truitt
Position: Support
Committee: Intergovernmental Relations
Department Effected: Budget & Research
History:
517/2003 Scheduled for Public Hearing
417/2003 Referred to Senate Intergovernmental Relations Committee
3/31/2003 Passed to Engrossment
3/11/2003 Committee Report sent to Calendars
3/6/2003 Voted Favorably from House Local Government Ways & Means Committee
2/27/2003 Left Pending in House Local Government Ways & Means Committee
2/6/2003 Referred to House Local Government Ways & Means Committee
12/10/200 Filed
2
Wednesday, May 07,2003
Page 4 of 53
HB 186 Regional Mobility Authorities
Last Activity: 2/6/2003
Description: Would grant the governing body of a regional mobility authority the same powers as the
Texas Transportation Commission to condem property and issue revenue bonds and to enter
into the agreement for construction, operation or expansion of a project.
King
Position: Support
Committee: Transportation
Department Effected:
History:
2/6/2003 Referred to House Transportation Committee
12/10/200 Filed
2
HB 187 Regional Mobility Authorities
Last Activity: 2/6/2003
Description: Would provide that the Texas Department of Transportation may require a public or private
entity that places utilities infrastructure in service, telecommunications, cable, or other
communications service, electric service, or petroleum and petroleum product pipeline
service. (Note: this bill is identical to HB 158 (Krusee». Full description is not here.
King
Position: Oppose
Committee: Transportation
Department Effected: Development
History:
2/6/2003 Referred to House Transportation Committee
11/15/200 Filed
2
HB 200 Photographic Red Light Enforcement
Last Activity: 2/6/2003
Description: Would: (a) authorize a city to impose a civil penalty of up to $75 on the owner of a vehicle if
the vehicle's license plate is photgraphed while running a red light; and (b) provide that
revenue from penalties may be used only to pay for the operation of the system, traffic safety,
and traffic signal awareness and education programs.
Berman
Position: Support
Committee: Transportation
Department Effected: Police
History:
2/6/2003 Referred to House Transportation Committee
11/18/200 Filed
2
Wednesday, May 07,2003
Page 5 of 53
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HB 282 Highways
Last Activity: 2/6/2003
Description: Would allow a city: (1) to place traffic control devices on any roadway, including state
highway, without following the manual specifications and without TxDOT permission; and (2)
to lower a speed limit on any roadway, including a state highway, without performing an
engineering and traffic investigation, if the city determines that a lower speed would prevent
or reduce the number of fatalities on the roadway.
Moreno
Position: Support
Committee: Transportation
Department Effected: Police
History:
2/6/2003 Referred to House Transportation Committee
12/11/200 Filed
2
HB 308 Sales Tax Exemption
Last Activity: 3/26/2003
Description: Would broaden the so-called "back-to-school" sales tax exemption to include school supplies,
books, textbooks, and other instructional materials.
Denny
Position: Strongly Opposè
Committee: Ways & Means
Department Effected: Budget & Research
e
History:
3/26/2003 Left Pending in House Ways & Means Committee
3/19/2003 Scheduled for public hearing
2/6/2003 Referred to House Ways & Means Committee
12/19/200 Filed
2
HB 334 Building Code
Last Activity: 4/15/2003
Description: Would require each city to: (a) adopt and enforce a rehabilation code to apply to an alteration,
remodeling, enlargement, or repair of an existing structure to which the International
Residential Code does not apply; and (b) adopt and enforce building code to apply to the
construction of a new structure to which the International Residential Code does not apply.
Position: No position Committee: Calendars
Villareal
Department Effected: Development
History:
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Wednesday, May 07, 2003
Page 6 of 53
4/15/2003 Sent to Calendars
4/9/2003 Voted Favorably from House Land and Resource Management
4/2/2003 Left Pending in House Land and Resource Management Committee
2/6/2003 Referred to House Land and Resource Management Committee
1/7/2003 Filed
HB 361
Last Activity:
Sales Tax Holiday
4/2/2003
Dutton
Description: Would extend the duration of the sales tax holiday for certain clothing and shoes from 72
hours to two weeks, exempt from.sales taxes the sale of school supplies during August, and
allow cities to repeal the exemption on school supplies by council vote
Position: Strongly Oppose
Committee: Ways & Means
Department Effected: Budget & Research
History:
4/212003 Left Pending in House Ways & Means Committee
2/10/2003 Referred to House Ways & Means Committee
1/8/2003 Filed
HB 378 Public Nuisance
Last Activity: 4/14/2003
Description: Would allow a resident of a city to bring a lawsuit against the city to require the city to abate a
public nuisance that is occuring within the city. The bill also provides that if a court finds that
a public nuisance is occuring, the court may, among other things, require the city to purchase
the property in order to remedy the nuisance.
Position: Oppose Committee: Calendars
Dutton
Department Effected: Administration
History:
4/14/2003 Sent to Calendars
4/8/2003 Voted Favorably from House Civil Practices Committee as substituted
2/10/2003 Referred to House Civil Practices Committee
1/8/2003 Filed
Wednesday, May 07, 2003
Page 7 of 53
HB 390 Tax Increment Financing
Last Activity: 5/6/2003
Description: Would prevent a city from deducting the value of newly taxable areas containing tax
increment financing zones from its effective tax rate calculation.
Pitts
e
Position: Oppose
Committee: Calendars
Department Effected: Budget & Research
History:
5/6/2003 Received in the Senate
5/212003 Passed to Engrossment
4/24/2003 Sent to Calendars
4/16/2003 Voted Favorably from House Local Government Ways & Means as substituted
2/10/2003 Referred to House Local Government Ways & Means Committee
1/10/2003 Filed
HB 395 Property Tax Rendition
Last Activity: 4/24/2003
De~cription: Would: (1) require rendition (reporting) of residential real property and most income-
producing real property; and (2) impose a penalty of ten percent of the property tax imposed
for failure to file any required rendition.
Merritt
Position: Support
Committee: Local Government Ways & Means
e
Department Effected: Budget & Research
History: .
4/24/2003 Left Pending in House Local Government Ways & Means
2/10/2003 Referred to House Local Government Ways & Means Committee
1/13/2003 Filed
HB 397 Certificates of Obligation
Last Activity: 5/6/2003
Description: Would require a city to conduct an election prior to the issuance of certificates of obligation for
amounts in excess of $2 million. For other issuances, the bill would lower the petition
requirement from five percent to two percent of qualified voters. (Current law requires an
election only if the council receives a petition of five percent of the qualified voters.)
Position: Strongly Oppose Committee: Calendars
Mowery
Department Effected: Budget & Research
History:
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Page 8 of 53
5/6/2003 Passed to engrossment as amended
4/22/2003 Sent to Calendars
4/14/2003 Voted Favorably from House Urban Affairs as substituted
2/26/2003 Left Pending in House Urban Affairs Committee
2/10/2003 Referred to House Urban Affairs Committee
1/13/2003 Filed
HB 426 State Agency Rules
Last Activity: 517/2003
Description: Would prohibit a state agency from adopting rules that impose costs on local governments
unless the legislature specifically authorizes the rules.
Position: Support Committee: Government Organization
Christian
Department Effected: Administration
History:
517/2003 Scheduled for public hearing
4/28/2003 Referred to Senate Government Organization Committee
4/23/2003 Passed ~o engrossment
4/3/2003 Sent to Calendars
3/24/2003 Voted Favorably from House State Affairs Committee
3/10/2003 Left Pending in House State Affairs Committee
2/10/2003 Referred to House State Affairs Committee
1/15/2003 Filed
HB 437 Public Information
Last Activity: 2/10/2003
Allen
Description: Would exempt from public disclosure information relating to emergency management or
disaster planning if the disclosure of such information would compromise or interfere with
implementation of an emergency management or disaster plan.
Position: Support
Committee: State Affairs
Department Effected: Police
History:
2/10/2003 Referred to House State Affairs Committee
1/16/2003 Filed
Wednesday, May 07, 2003
Page 9 of 53
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HB 463 Employment Contracts
Last Activity: 2/10/2003
Description: Would limit an employment contract entered into by a political subdivision, including a city, as
follows: (1) the duration of the contract may not exceed the length of a councilmember's term;
and (2) no severance package or agreement may be an amount that exceeds the amount of
the employee's salary for 50 percent of the time remaining on the contract.
Gallego
Position: Oppose
Committee: County Affairs
Department Effected: Administration
History:
3/12/2003 Scheduled for public hearing - no action taken
2/10/2003 Referred to House County Affairs Committee
1/21/2003 Filed
HB 474 Property Taxes
Last Activity: 3/13/2003
Description: Would: (1) lower from ten percent to five percent the maximum yearly increase in taxable
value of a residential homestead (this portion of the bill would become effective only if HJR 32
is approved by Texas voters); and (2) exclude repairs from the statutory definition of
improvements to property, with the result that increased homestead value due to repairs
would not be taxable on certain homesteads that have increased in value more than the
proposed five percent limit.
Wong
Position: Oppose
Committee: Local Government Ways & Means
e
Department Effected: Budget & Research
History:
3/13/2003 Left Pending in House Local Government Ways & Means Committee
2/10/2003 Referred to House Local Government Ways & Means Committee
1/21/2003 Filed
HB 526 Computer Vulnerability Report
Last Activity: 2/26/2003
Description: Would allow the records management officer of a local government to prepare a confidential
computer vulnerability report that assesses the extent to which electronically stored
information is vulnerable to alteration, damage, ore erasure; and would require a records
management officer who has prepared such a report to prepare a summary of the report that
does not contain any compromising information and is available to the public.
Smith, T.
Position: Support
Committee: County Affairs
Department Effected:
History:
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Page 10 of 53
2126/2003 Scheduled for public hearing - no action taken
2/11/2003 Referred to House County Affairs Committee
1/23/2003 Filed
HB 533 Emergency Action Plans
Last Activity: 2/11/2003
Description: Would exempt from the Public Information Act any information regarding an emergency
action plan of a law enforcement agency or a fire fighting agency.
King
Position: Support
Committee: Defense Affairs & State - Federal
Relations
Department Effected: Police
History:
2111/2003 Referred to House Defense Affairs and State-Federal Relations Committee
1/23/2003 Filed
HB 589 Taxes
Last Activity: 3/26/2003
Description: Would repeal sales tax exemptions, property tax exemptions, and state franchise tax
exemptions.
Davis, Y.
Position: No position
Committee: Ways & Means
Department Effected: Budget & Research
History:
3/26/2003 Left Pending in House Ways & Means Committee
3/19/2003 Scheduled for public hearing
2/11/2003 Referred to House Ways & Means Committee
1/28/2003 Filed
HB 637 Industrialized Housing and Buildings
Last Activity: 2/12/2003
Description: Would allow a city to regulate the location of industrialized structures, just as the city can
currently regulate the location of manufactured housing. (Companion bill is SB 303 by Brimer)
Position: Support Committee: Urban Affairs
Jones, J,
Department Effected: Development
History:
2/12/2003 Referred to House Urban Affairs Committee
1/30/2003 Filed
Wednesday, May 07,2003
Page 11 of 53
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HB 701
Last Activity:
Property Taxes
4/24/2003
Guteirrez
Description: Would "freeze" city and county property taxes on the homesteads of persons over the age of
65 and disabled persons, just as current law freezes school district taxes for persons over 65.
(This legislation would become effective only if HJR 38 is approved by Texas voters.)
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
4/24/2003 Scheduled for public hearing - no action taken
2/17/2003 Referred to House Local Government Ways & Means Committee
2/4/2003 Filed
HB 730 Residential Construction
Last Activity: 5/8/2003
Description: Would create the Texas Residential Construction Commission (TRCC) and require the TRCC
to adopt rules relating to building standards for residential construction, state-sponsored
inspection and dispute resolution, and approval of third-party warranty programs and
inspectors.
Ritter
Position: Support
Committee: Business and Commerce'·
Department Effected: Development
History:
5/8/2003 Scheduled for public hearing
4/30/2003 Referred to Senate Business and Commerce Committee
4/29/2003 Received in the Senate
4/7/2003 Sent to Calendars
3/31/2003 Voted Favorably from House Regulated Industries as substituted
3/11/2003 Left Pending in House Regulated Industries Committee
2/17/2003 Referred to House Regulated Industries Committee
2/6/2003 Filed
HB 731
Last Activity:
Reckless Driving
4/14/2003
Martinez Fisc
Description: Would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is
a lesser offense,)
Position: Support
Committee: Transportation
Department Effected: Police
History:
Wednesday, May 07,2003
Page 12 of 53
4/14/2003 Left Pending in House Transportation
2/17/2003 Referred to House Transportation Committee
2/6/2003 Filed
HB 789 Platting
Last Activity: 4/16/2003
Description: Would provide that tax-exempt religious organizations are not required to prepare a plat to
obtain a building permit or any other permit for developing a tract.
Grusendorf
Position: Oppose
Committee: Land and Resource Management
Department Effected: Development
History:
4/16/2003 Left Pedning in House Land and Resource Management
3/10/2003 Left Pending in House Land and Resource Management Committee
2/17/2003 Referred to House Land and Resource Management Committee
2/10/2003 Filed
HB 872 Elections
Last Activity: 4/9/2003
Description: Would provide that there shall be only two uniform election dates (the first Saturday in May,
and the first Tuesday after the first Monday in November), and that a city may change its
election date no later than December 31, 2003.
Denny
Position: Oppose
Committee: State Affairs
Department Effected: City Secretary
History:
4/9/2003 Referred to Senate State Affairs Committee
4/3/2003 Passed to Engrossment
3/17/2003 Committee Report sent to Calendars
3/12/2003 Voted Favorably from House Elections Committee
3/5/2003 Left Pending in House Elections Committee
2/18/2003 Referred to House Elections Committee
2/12/2003 Filed
Wednesday, May 07,2003
Page 13 of 53
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HB 878 Handguns
Last Activity: 3/27/2003
Description: Would prevent a governmental entity (including a city) from using the criminal trespass statute
to prohibit a concealed handgun licensee from carrying a handgun onto the entity's property.
Position: Oppose Committee: Calendars
Hupp
Department Effected: Police
History:
3/27/2003 Considered in Calendars
2/28/2003 House Criminal Jurisprudence Committee Report sent to House Calendars Committe
2/25/2003 Voted Favorably from House Criminal Jurisprudence Committee
2/18/2003 Referred to House Criminal Jurisprudence Committee
2/12/2003 Filed
HB 901
Photographic Traffic Enforcement/TX Mobility
Fund
4/28/2003
King
Last Activity:
e
Description: Would allow a city to implement a photographic traffic enforcement sy~tem by installing
cameras at traffic lights in the city; would provide that the owner of a motor vehicle is liable for
a civil penalty of up to $75 if the vehicle's license plate is photographed while the vehicle is
running a red light; would allow a city to contract with a private contractor for the
administration and enforcement of the system so long as the contractor is not paid based on
the number of citations issued; would require a city to post signs that inform drivers of the
existence of the system at all entrances to the city that currently have city limit signs; would
create a criminal penalty for anyone who uses the system for any purpose other than
photographic traffic enforcemen; and would provide that revenue generated by the system be
deposited in the Texas Mobility Fund after the city deducts administrative expenses for the
operation of the system.
Position: Support
Committee: Calendars
Department Effected: Police
History:
4/28/2003 Motion to reconsider and table
4/28/2003 Failed to pass to engrossment
4/22/2003 Considered in Calendars
3/18/2003 Voted Favorably from House Transportation Committee as substituted
3/11/2003 Left Pending in House Transportation Committee
3/4/2003 Left Pending in House Transportation Committee
2/19/2003 Referred to House Transportation Committee
2/12/2003 Filed
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Page 14 of 53
HB 905 Tax Abatement
Last Activity: 2/19/2003
Description: Would do the following regarding tax abatements: (1) require a city to conduct an election
prior to granting a tax abatement; (2) require a city to conduct an annual audit of the
compliance status of each tax abatement; and (3) require the city to recapture all abated
taxes if the property owner fails to comply with any term of the agreement.
Position: Oppose Committee: Local Government Ways & Means
Mowery
Department Effected: Development
History:
2/27/2003 Left Pending in House Local Government Ways & Means Committee
2/19/2003 Referred to House Local Government Ways & Means Committee
2/12/2003 Filed
HB 1066 Municipal Court Technology Fee
Last Activity: 517/2003
Description: Would repeal the statutory provision that ends the authority to collect the municipal court
technology fee on September 1, 2005.
Goodman
Position: Support
Committee: Intergovernmental Relations
Department Effected: Municipal Court
History:
517/2003 Scheduled for public hearing
4/3/2003 Referred to Senate Intergovernmental Relations Committee
3/28/2003 Passed to Engrossment
3/18/2003 Committee Report sent to Local and Consent Calendar
3/13/2003 Voted Favorably from House Urban Affairs Committee as substituted
3/12/2003 Left Pending in House Urban Affairs Committee
2/24/2003 Referred to House Urban Affairs Committee
2/18/2003 Filed
HB 1088 Sales Tax Information
Last Activity: 4/14/2003
Description: Would do the following regarding the information that cities may receive from the state
comptroller regarding sales taxes remitted within the city: (1) lower from $100,000 to $25,000
the minimum amount of sales taxes remitted by a company before certain cities may receive
the information; and (2) permit city councils to meet in executive session to receive or
question staff about confidential sales tax information.
Hill
Position: Support
Committee: Local Government Ways & Means
Department Effected: Administration
History:
Wednesday, May 07, 2003
Page 15 of 53
4/14/2003 Referred to Senate Intergovernmental Relations Committee
4/9/2003 Passed to Engrossment
3/28/2003 Voted Favorably from House Local Government Ways & Means Committee
e 3/20/2003 Scheduled for public hearing
3/10/2003 Re-referred to House Local Government Ways & Means Committee
2/24/2003 Referred to House Urban Affairs Committee
2/19/2003 Filed
HB 1191 Public Information
Last Activity: 5/5/2003
Allen
Description: Would provide that certain information relating to terrorism is not subject to disclosure under
the Public Information Act, including information that relates to: (1) staffing requirements,
tactical planning, and telephone numbers of an emergency response provider; (2) an
assessment of the risk or vulnerability of persons or property, including critical infrastructure;
(3) the construction or assembly of an explosive weapon or a chemical, biological,
radiological, or nuclear weapon of mass destruction; (4) the details of the encryption codes or
security keys for a public communications system; or (5) the details of a security system that
is used to protect public or private property.
Position: Support Committee: Infrastructure Development and
Security
Department Effected: Police
e
History:
5/5/2003 Scheduled for public hearing
4/9/2003 Referred to Senate Infrastructure Development and Security Committee
4/3/2003 Passed to Engrossment
3/17/2003 Voted Favorably from House State Affairs Committee as substituted
3/10/2003 Left Pending in House State Affairs Committee
2/27/2003 Referred to House State Affairs Committee
2/21/2003 Filed
HB 1207 Zoning
Last Activity: 5/2/2003
Description: Would allow a city to regulate the appearance or architectural style of buildings or other
structures, including the types of building materials that may be used or the amount of
masonry that must be contained on the exterior of the building or structure, and the
appearance of years, courts, or open spaces, including the types or quantities of plants or
landscaping materials required. The bill would also subject these regulations to the
provisions of Chapter 245 of the Local Government Code, the permit "vesting" statute.
Kuempel
Position: Support
Committee: Calendars
Department Effected: Development
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History:
Wednesday, May 07, 2003
Page 16 of 53
5/2/2003 Received in the Senate
4/15/2003 Sent to Calendars
4/2/2003 Voted Favorably from House Urban Affairs Committee as substituted
3/12/2003 Left Pending in House Urban Affairs Committee
2/27/2003 Referred to House Urban Affairs Committee
2/24/2003 Filed
HB 1302 Open Government
Last Activity: 3/24/2003
Description: Would: (1) allow a governmental body to hold an executive session to discuss a response to,
or protection from, potential or actual threats of terrorism or vandalism to the safety, security,
or integrity of a public water or sewer system; and (2) except from disclosure under the Public
Information Act any information related to responses to, or protection from, potential or actual
threats of terrorism or vandalism to the safety, security, or integrity of a public water or sewer
system if the governmental body determines that disclosure may present a risk to the health
or safety of the public.
Position: Support Committee: State Affairs
Geren
Department Effected: Administration
History:
3/24/2003 Voted Favorably from House State Affairs Committee as sustituted
3/10/2003 Left Pending in House State Affairs Committee
3/3/2003 Referred to House State Affairs Committee
2/26/2003 Filed
HB 1444 Property Tax Exemption
Last Activity: 5/1/2003
Description: Would: (1) make permanent the current property tax exemption for motor vehicles leased for
personal use (Note: the exemption is set to expire on December 31, 2003); and (2) repeal the
legislation that permitted cities to continue taxing such leased vehicles if they adopted an
ordinance prior to January 1, 2002.
Krusee
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
5/1/2003 Received in the Senate
4/29/2003 Passed to engrossment
4/10/2003 Voted Favorably from House Local Government Ways & Means Committee
3/5/2003 Referred to House Local Govemment Ways & Means Committee
2/28/2003 Filed
Wednesday, May 07,2003
Page 17 of 53
HB 1487 Licensing of Electricians
Last Activity: 5/2/2003
Description: Would add the Texas Electrical Safety and Licensing Act to the Texas Occupations Code.
(Companion is SB 500)
Driver
e
Position: No position
Committee: Calendars
Department Effected: D~velopment
History:
5/2/2003 Passed to engrossment
4/30/2003 Considered in Calendars
4/14/2003 Voted Favorably from House Licensing & Administrative Procedures as substituted
3/13/2003 Left Pending in House Licensing & Administrative Procedures Committee
3/5/2003 Referred to House Licensing & Administrative Procedures Committee
2/28/2003 Filed
HB 1533 Property Taxes
Last Activity: 4/10/2003
Description: Would provide that property owned by a city, but located outside the city's limits, may be
. taxable by other taxing entities if the goveming bodies of the other entities vote to tax the city
property. (Note: this legislation would become effective only if H.J.R. 65 is approved by Texas
voters.)
Cook, R.
e
Position: Oppose
Committee: Local Govemment Ways & Means
Department Effected: Budget & Research
History:
4/10/2003 Left Pending in House Local Govemment Ways & Means Committee
3/6/2003 Referred to House Local Government Ways & Means Committee
3/3/2003 Filed
HB 1586 Public Information
Last Activity: 3/24/2003
Description: Would provide that information relating to the vulnerability of utility infrastructure to disruption
or damage by an intentional act of harm is confidential. (Companion bill is S.B. 647 by
Wentworth.)
Baxter
Position: Support
Committee: State Affairs
Department Effected: City Secretary
History:
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Page 18 of 53
3/24/2003 Left Pending in House State Affairs Committee
3/6/2003 Referred to House State Affairs Committee
3/4/2003 Filed
HB 1606 Financial Disclosure
Last Activity: 5/1/2003
Description: This is a wide-ranging bill that addresses ethics, political advertising, lobbying, political
contributions, and more. Article 5 of the bill would resurrect a financial disclosure bill that first
reared its ugly head in 2001. Article 5 would: (1 )require each mayor, each member of a
municipal governing body, each municipal attomey, each city manager, and each candidate
for municipal office to file an annual financial statement with the city clerk or secretary. (2)
Require that the financial statement include an account of the financial activity of the covered
individual (see #1 above) and the individual's spouse and children if the individual had control
over that activity.
(3) Require that the financial statement include all sources of income; shares of stocks
owned, acquired, or sold; bonds, notes, or other paper held, acquired, or sold; any interest
dividend, royalty, or rent exceeding $500; each person or institution to whom a personal debt
of $1,000 or more exists; all beneficial interests in real property or businesses owned,
acquired, or sold; certain gifts received; income in excess of $500 from a trust; a list of all
boards of directors on which the individual serves; and more. (4) Require that financial
statements be made on a form designed by the Texas Ethics Commission. (5) Provide that
the statements are public records. (6) Provide that failure to file a statement is a Class B
misdemeanor, which is punishable. by a fine of up to $2,000, imprisonment of up to 180 days,
or both. This bill would' undoubtedly lead to a sharp drop in the number of citizens willing to
run for municipal office, the number of current municipal office-holders willing to complete
their terms, and the number of contract city attorneys who are willing to work for small cities.
Position: Strongly Oppose Committee: Calendars
Wolens
Department Effected: Administration
History:
5/1/2003 Placed on Major State Calendar
4/28/2003 Considered in Calendars
4/16/2003 Voted Favorably from House Select Committee on Ethics as substituted
3/31/2003 Left Pending in House Select Committee on Ethics
3/17/2003 Left Pending in House Select Committee on Ethics
3/10/2003 Left Pending in House Select Committee on Ethics
3/5/2003 Referred to House Select Committee on Ethics
3/4/2003 Filed
Wednesday, May 07,2003
Page 19 of 53
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HB 1635 Telecommunications Infrastructure Fund
Last Activity: 4/9/2003
Description: Would provide that the Telecommunications Infrastructure Fund (TIF) may be used only to
make grants or loans to public schools or institutes of higher education. Under the bill,
libraries and health care facilities would no longer be entities eligible for TIF assistance.
King
Position: Strongly Oppose
Committee: Regulated Industries
Department Effected: Budget & Research
History:
4/8/2003 Left Pending in House Regulated Industries Committee
3/10/2003 Referred to House Regulated Industries Committee
3/4/2003 Filed
HB 1642 Collective Bargaining
Last Activity: 5/1/2003
Description: would authorize a city to "meet and confer" (engage in collective bargaining) with a firefighter
association without a petition and popular vote, as is required by current law. (Companion bill
is S.B. 672 by Gallegos.)
Bailey
Position: Oppose
Committee: Urban Affairs
Department Effected: Human Resources
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History:
5/1/2003 Left Pending in House Urban Affairs
3/10/2003 Referred to House Urban Affairs Committee
3/4/2003 Filed
HB 1643 Collective Bargaining
Last Activity: 4/30/2003
Description: would authorize a city to "meet and confer" (engage in collective bargaining) with a peace
officer association without a petition and popular vote, as is required by current law.
(Companion bill is S.B. 562 by Gallegos.)
Bailey
Position: Oppose
Committee: Calendars
Department Effected: Human Resources
History:
4/30/2003 Sent to Calendars
4/24/2003 Voted Favorably from House Urban Affairs as substituted
3/10/2003 Referred to House Urban Affairs Committee
3/4/2003 Filed
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Page 20 of 53
HB 1645 Collective Bargaining
Last Activity: 3/10/2003
Description: Would allow political subdivisions, but not the state government, to engage in collective
bargaining. (Note: under current law, collective bargaining, with some narrow exceptions, is
prohibited for the state and local governments. This bill would repeal the prohibition for local
governments.) (Companion bill is S.B. 844 by Barrientos.)
Bailey
Position: Oppose
Committee: County Affairs
Department Effected: Human Resources
History:
3/10/2003 Referred to House County Affairs Committee
3/4/2003 Filed
HB 1774 Police and Fire
Last Activity: 5/1/2003
Description: would: (1) allow police or fire collective bargaining in every city without a petition and popular
vote as is currently required; and (2) repeal the alternate promotion system in police
departments covered by Chapter 143 of the Local Government Code (fire and police civil
service).
Bailey
Position: Oppose
Committee: Urban Affairs
Department Effected: Human Resources
History:
5/1/2003 Left Pending in House Urban Affairs
3/11/2003 Referred to House Urban Affairs Committee
3/5/2003 Filed
HB 1780 Public Works Contracts
Last Activity: 4/1/2003
Description: would require a governmental entity, including a city, to oversee mediation and other
alternative dispute resolution proceedings between prime contractors and subcontractors
engaged in a public works contracts with the governmental entity.
Position: Oppose Committee: State Affairs
Davis, Y.
Department Effected: Development
History:
4/1/2003 Left Pending in House State Affairs Committee
3/11/2003 Referred to House State Affairs Committee
3/5/2003 Filed
Wednesday, May 07, 2003
Page 21 of 53
HB 1782 Property Taxes
Last Activity: 3/20/2003
Hegar
e
Description: would: (1) lower from ten percent to zero the maximum yearly increase in the taxable value of
residential homesteads (Note: this legislation would become effective only if H.J.R. 69, below,
is approved by Texas voters); and (2) exclude repairs, restoration, and upkeep from the
statutory definition of improvements to property, with the result that increased value due to
such repairs, restoration, and upkeep would not be taxable on certain homesteads.
Position: Strongly Oppose Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/20/2003 Left Pending in House Local Government Ways & Means Committee
3/11/2003 Referred to House Local Government Ways & Means Committee
3/5/2003 Filed
HB 1829 Tax Increment Financing
Last Activity: 4/30/2003
Description: would permit any city to exclude captured tax increment from its taxable value for effective
and rollback rate calculation purposes. Under current law, only a city in a county with a
population of less than 500,000 may exclude tax increment from taxable value. (Companion
bill is S.B. 657 by Brimer.)
Lewis
Position: Support
Committee: Calendars
e Department Effected: Budget & Research
History:
4/30/2003 Sent to Local and Consent Calendar
4/24/2003 Voted Favorably from House Local Government Ways & Means as substituted
3/11/2003 Referred to House Local Govemment Ways & Means Committee
3/6/2003 Filed
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Page 22 of 53
HB 1942 Gas Utilities
Last Activity: 4/15/2003
West
Description: would provide incentives to encourage gas utilities to invest in new infrastructure by: (1)
allowing a gas utility to adjust the monthly customer charge or initial block rate without action
of the Railroad Commission (RRC) to recover the cost of a new investment in an amount up
to that necessary to cover the return on investment, depreciation expense, ad valorem taxes,
revenue-related taxes, and incremental federal income taxes related to the difference in the
value of the invested capital; and (2) requiring a gas utility, prior to adjusting a rate, to file an
annual report with the RRC describing the investment projects completed and placed in
service during the preceding calendar year, the investments retired or abandoned during the
preceding calendar year, and demonstrating the utility's earnings during the preceding
calendar year.
Position: Strongly Oppose
Committee: Regulated Industries
Department Effected: Finance
History:
4/15/2003 Sent to Calendars
4/8/2003 Voted Favorably from House Regulated Industries Committee as substituted
3/12/2003 Referred to House Regulated Industries Committee
317/2003 Filed
HB 2088 Authorized Review
Last Activity: 4/9/2003
Description: would: (1) allow a city to conduct an authorized review of a certificated telecommunications
provider's (CTP) business records to ensure compliance with access line reporting
requirements if commenced within 120 days after the filing of a CTP's verified report of
access lines; (2) authorize the Public Utility Commission (PUC) to promulgate rules to
establish uniform procedures for cities to conduct the authorized reviews of a CTP's business
records; and (3) provide that the rules shall, at a minimum: (a) identify the types of records
subject to review; (b) ensure the confidential and proprietary nature of the business records
while allowing cities full access; (c) state that conducting an authorized review shall not be
interpreted as an administrative remedy that must be exhausted before a city may initiate
other legal action; (d) impose penalties for non-compliance that is revealed by the review or
for failure to provide complete records during the review process; (e) require a CTP who is
shown to be non-compliant by the review or who fails to provide complete records during the
review process to pay all costs of the review, plus interest; and (f) allow the PUC to act as
mediator of the review if agreed to by the parties.
Position: Support Committee: Regulated Industries
Goodman
Department Effected: Development
History:
4/9/2003 Left Pending in House Regulated Industries Committee
3/17/2003 Referred to House Regulated Industries Committee
3/10/2003 Filed
Wednesday, May 07,2003
Page 23 of 53
HB 2120 Property Taxes
Last Activity: 4/2/2003
Description: would put local appraisal districts under the control of the state comptroller and would abolish
district boards of directors.
Wilson
e
Position: Oppose
Committee: Ways & Means
Department Effected: Administration
History:
4/2/2003 Left Pending in House Ways & Means
3/17/2003 Referred to House Ways & Means Committee
3/10/2003 Filed
HB 2130 Permit Vesting
Last Activity: 5/2/2003
Description: would remove the existing exemption to the permit vesting statute that allows a city to enact
regulations designed to prevent imminent destruction of property or injury to persons, and
would change that exemption to one that allows only regulations necessary to protect an area
from flooding. (Note: this bill is identical to H.B. 1400, also by Kuempel).
Kuempel
Position: Oppose
Committee: Calendars'
Department Effected: Development
e
History:
5/2/2003 Received in the Senate
5/1/2003 Reported engrossed
4/22/2003 Considered in Calendars
3/24/2003 Voted Favorably from House Land and Resource Management Committee as substitl
3/17/2003 Referred to House Land and Resource Management Committee
3/10/2003 Filed
HB 2179 Signs
Last Activity: 5/1/2003
Description: would provide that a city that regulates signs may require the removal of an on-premise sign
not later than the first anniversary of the date the business, person, or activity that the sign
identifies or advertises ceases to operate on the premises on which the sign is located.
(Companion bill is S.B. 656 by Brimer.)
Truitt
Position: Support
Committee: Intergovernmental Relations
Department Effected: Development
History:
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Page 24 of 53
5/1/2003 Referred to Senate Intergovernmental Relations Committee
4/28/2003 Received in the Senate
4/25/2003 Reported Engrossed
4/22/2003 Considered in Local & Considered Calendars
4/8/2003 Voted Favorably from House Urban Affairs as substituted
3/17/2003 Referred to House Urban Affairs Committee
3/11/2003 Filed
HB 2335 Electric Utilities
Last Activity: 4/16/2003
Turner
Description: Cities' market power bill - limits generation capacity within zones.
Position: Support
Committee: Calendars
Department Effected: Administration
History:
4/16/2003 Sent to Calendars
4/9/2003 Voted Favorably from House Regulated Industries Committee
3/18/2003 Referred to House Regulated Industries Committee
3/11/2003 Filed
HB 2336 Electric Utilities
Last Activity: 4/22/2003
Description: Cities' bill related to electric utility's duties to customers.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Administration
History:
4/22/2003 Left Pending in House Regulated Industries
3/18/2003 Referred to House Regulated Industries Committee
3/11/2003 Filed
Wednesday, May 07, 2003
Page 25 of 53
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HB 2337 Electric Utilities
Last Activity: 3/18/2003
Description: would allow a political subdivision aggregator to make contracts for the purchase of electricity
and energy services, and take any other action necessary for the purchase of electricity and
energy services.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Administration
History:
3/18/2003 Referred to House Regulated Industries Committee
3/11/2003 Filed
HB 2338 Electric Utilities
Last Activity: 4/22/2003
Description: Cities' bill authorizing revocation of certificate for billing failures.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Budget & Research
History:
4/22/2003 Left Pending in House Regulated Industries
3/18/2003 Referred to House Regulated Industries Committee
e 3/11/2003 Filed
HB 2339 Electric Utilities
Last Activity: 4/22/2003
Description: To strengthen consumer protection and address billing and switching problems that have
plagued the retail market since it opened. Provides political subdivision aggregators access
to ERCOT data portal.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Finance
History:
4/22/2003 Left Pending in House Regulated Industries
3/18/2003 Referred to House Regulated Industries Committee
3/11/2003 Filed
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Page 26 of 53
HB 2340 Electric Deregulation
Last Activity: 4/1/2003
Turner
Description: Limits competitive metering to large industrial and commercial customers. Implementation
expense surcharged to those classes.
Position: Support
Committee: Regulated Industries
Department Effected: Administration
History:
4/1/2003 Left Pending in House Regulated Industries Committee
3/18/2003 Referred to House Regulated Industries Committee
3/11/2003 Filed
HB 2345 Zoning
Last Activity: 5/1/2003
Description: would require a city's zoning commission to change the zoning of a property to a different
category as requested by a landowner if, after receiving a petition of an owner of undeveloped
property and holding a hearing, the landowner establishes that the zoning of the undeveloped
property is of a category for which, after disregarding the landowner's property, there is a
supply in the city that is sufficient to meet the needs of the city for more than the next twenty-
five years. . .
Mowery
Position: Oppose
Committee: Calendars
Department Effected: Development
History:
5/1/2003 Sent to Calendars
4/24/2003 Voted Favorably from House Urban Affairs as substituted
4/10/2003 Left Pending in House Urban Affairs
3/28/2003 Referred to House Urban Affairs Committee
3/11/2003 Filed
HB 2422 Reckless Driving
Last Activity: 3/18/2003
Description: would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is
a lesser offense.) (This bill is the same as H.B. 731 by Martinez Fischer and H.B. 2487 by
Oliveira. )
Solis
Position: Support
Committee: Transportation
Department Effected: Police
History:
3/18/2003 Referred to House Transportation Committee
3/12/2003 Filed
Wednesday, May 07, 2003
Page 27 of 53
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HB 2487 Reckless Driving
Last Activity: 4/15/2003
Description: would provide that reckless driving shall be a Class B misdemeanor. (Under current law, it is
a lesser offense.) (This bill is the same as H.B. 731 by Martinez Fischer and H.B. 2422 by
Solis.)
Oliveira
Position: Support
Committee: Transportation
Department Effected: Pol.ice
History:
4/15/2003 Scheduled for public hearing - no action taken
3/18/2003 Referred to House Transportation Committee
3/12/2003 Filed
HB 2528 Electricity Aggregation
Last Activity: 4/30/2003
Description: Would allow school districts to purchase electricity through a political subdivision agrregation
corporation.
Madden
Position: Support
Committee: Calendars
Department Effected: Administration
e
History:
4/30/2003 Sent to Calendars
4/24/2003 Voted Favorably from House Public Education as substituted
3/24/2003 Referred to House Public Education Committee
3/13/2003 Filed
HB 2615 Electric Utilities
Last Activity: 4/30/2003
Description: would: (1) allow the governing body of a city that is participating in or conducting an electric
ratemaking proceeding to engage rate consultants, accountants, auditors, attorneys, and
engineers to assist the governing body with the litigation; and (2) require an electric utility or
the affiliated retail electric provider in the ratemaking proceeding to reimburse the city for the
reasonable cost of the services.
Turner
Position: Support
Committee: Regulated Industries
Department Effected: Budget & Research
History:
4/30/2003 Left Pending in House Regulated Industries
3/24/2003 Referred to House Regulated Industries Committee
3/13/2003 Filed
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Page 28 of 53
HB 2623 Sales Tax Rebates
Last Activity: 4/2/2003
Description: would prevent cities from granting sales tax rebates for the purpose of persuading businesses
to move all or part of their existing business from one city to another. (Companion bill is SB
1262)
Hegar
Position: Oppose
Committee: Economic Development
Department Effected: Development
History:
4/2/2003 Left Pending in House Economic Development
3/24/2003 Referred to House Economic DevelopmentCommittee
3/13/2003 Filed
HB 2835 Economic Development
Last Activity: 3/26/2003
Description: would require that any project undertaken by a 4A or 4B economic development corporation
must produce a "measurable gain" in terms of new jobs created or new taxes generated.
Brown, B.
Position: Oppose
Committee: Economic Development
Department Effected: Development
History:
3/26/2003 Referred to House Economic Development Committee
3/13/2003 Filed
HB 2853 Court Surcharge
Last Activity: 3/26/2003
Rodriguez
Description: would impose a new one-dollar state surcharge on all Class C misdemeanor convictions in
municipal court to fund a judicial integrity account in the state treasury, and would add a one-
dollar filing fee to any civil action filed in a municipal court to create a state judicial integrity
fund.
Position: Oppose
Committee: Judicial Affairs
Department Effected: Municipal Court
History:
3/26/2003 Referred to House Judicial Affairs Committee
3/13/2003 Filed
Wednesday, May 07, 2003
Page 29 of 53
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Homer
HB 2912 Economic Development
Last Activity: 4/17/2003
Description: would make the following changes regarding economic development corporations (EDCs): (1)
limit the use of 4A and 4B sales tax proceeds to manufacturing and industrial facilities and
projects; (2) repeal the authority of EDCs to engage in generalized commercial assistance,
including job training; (3) repeal the authority of EDCs to spend tax proceeds on municipal
buildings; and (3) restrict the use of direct financial incentives to encourage a business to
relocate, by limiting the use of such incentives to situations where the incentive is govemed
~y compliance with a performance agreement.
Position: Oppose Committee: Calendars
Department Effected: Development
History:
4/17/2003 Sent to Calendars
4/9/2003 Voted Favorably from House Economic Development as substituted
4/2/2003 Left Pending in House Economic Development Committee
3/27/2003 Referred to House Economic Development Committee
3/13/2003 Filed
Goodman
HB 2946. Electric Utilities
Last Activity:· 4/22/2003
Description: The legislature previously defined the methodology for caluculating electric franchise fees but
failed to include an escalator provision like the one provided for with telecommunications
franchise fees. This bill incorporates the same statutory escalator language on sales of
electricity that was previously used for telecommunications usage within a city.
Position: Support Committee: Regulated Industries
Department Effected: Budget & Research
History:
4/22/2003 Left Pending in House Regulated Industries
3/27/2003 Referred to House Regulated Industries Committee
3/14/2003 Filed
Wednesday, May 07,2003
Page 30 of 53
HB 3037 Electric Aggregation
Last Activity: 4/22/2003
Description: would allow a political subdivision aggregator to negotiate for the purchase of electricity and
energy services, make contracts for the purchase of electricity and energy services, and take
any other action necessary to purchase electricity and energy services on behalf of the
citizens of the political subdivision; but would prohibit a political subdivision from adopting an
ordinance or resolution providing for automatic enrollment of citizens in aggregation services
unless a majority of the qualified voters of the political subdivision vote in an election to
approve the automatic enrollment. The bill provides that if the voters of the political
subdivision voting in the election approve automatic enrollment in aggregation services, the
political subdivision must inform each citizen in writing that the citizen will be automatically
enrolled unless the citizen expressly requests to not be enrolled.
Cook
Position: Support
Committee: Regulated Industries
Department Effected: Administration
History:
4/22/2003 Left Pending in House Regulated Industries
3/28/2003 Referred to House Regulated Industries Committee
3/14/2003 Filed
HB 3143 Streamlined Sales Tax
Last Activity: 3/31/2003
Description: would enact the statutory changes called for by the multi-state Streamlined Sales Tax
Agreement, and would authorize the state comptroller to formally enter into the agreement on
behalf of Texas. The bill would affect cities in the following ways: (1) for goods shipped within
Texas, provide that local sales taxes are sourced at the point of delivery rather than the point
of origin, as current law provides; (2) provide numerous changes to the sourcing of
telecommunications services, including provisions that may source telecommunications at the
point where a call terminates in certain cases, as opposed to exclusive sourcing at the point
of origin under current law; (3) cancel the authority of cities to opt-out of the current sales tax
holiday; and (4) provide that the sourcing changes listed above will not be effective until July
1, 2004, while the remainder of the bill takes effect October 1, 2003. (Companion bill is S.B.
823 by Fraser.)
Wilson
Position: Strongly Oppose
Committee: Ways & Means
Department Effected: Budget & Research
History:
4/9/2003 Left Pending in House Ways & Means
3/31/2003 Referred to House Ways & Means Committee
3/14/2003 Filed
Wednesday, May 07,2003
Page 31 of 53
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HB 3154 Sales Taxes
Last Activity: 4/30/2003
Description: would: (1) permit a city or its representative to report to the state comptroller an individual
business the city believes is not properly collecting sales taxes; (2) permit the comptroller to
investigate and report to the city the amount of taxes that were not collected by such a
business; and (3) impose increased confidentiality requirements on cities and their
representatives who receive such sales tax information. (Companion bill is S.B. 1433 by
Averitt.)
Bonnen
Position: Support
Committee: Calendars
Department Effected: Budget & Research
History:
4/30/2003 Sent to Calendars
4/24/2003 Voted Favorably from House Local Govemment Ways & Means as amended
3/31/2003 Referred to House Local Government Ways & Means Committee
3/14/2003 Filed
HB 3160 Collective Bargaining
Last Activity: 4/9/2003
Capelo
Description: would eliminate the general prohibition on a political subdivision entering into a collective
bargaining agreement with a labor organization, but would retain the prohibition on the state
govemment engaging in collective bargaining.
Position: Oppose Committee: County Affairs
e
Department Effected: Human Resources
History:
4/9/2003 Left Pending in House County Affairs
3/31/2003 Referred to House County Affairs Committee
3/14/2003 Filed
HB 3178 Unfunded Mandates
Last Activity: 3/31/2003
Description: would provide that if the interagency unfunded mandates task force identifies an unfunded
mandate and the legislature fails to continue the mandate, the mandate shall expire.
Homer
Position: Support
Committee: Government Reform
Department Effected: Administration
History:
4/10/2003 Left Pending in House Government Reform
3/31/2003 Referred to House Government Reform Committee
3/14/2003 Filed
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Page 32 of 53
HB 3185 Public Transportation
Last Activity: 4/17/2003
Description: would require the Texas Transportation Commission to adopt rules establishing a formula for
allocating funds among public transportation providers that may take into account a
transportation provider's performance, the number of its riders, the need of residents in its
service area for public transportation, population, population density, land area, and other
factors established by the Commission.
Hill
Position: Oppose
Committee: Calendars
Department Effected: Budget & Research
History:
4/17/2003 Sent to Calendars
4/16/2003 Voted Favorably from House Transportation
3/31/2003 Referred to House Transportation Committee
3/14/2003 Filed
HB 3223 Property Taxes
Last Activity: 4/28/2003
Bohac
Description: would impose a five-percent maximum annual increase in the taxable value of all real
property. (Note: this legislation would become effective only if H.J.R. 4 is approved by Texas
voters.)
Position: Oppose Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
4/28/2003 Failed to receive affirmative vote in committee
3/27/2003 Referred to House Local Government Ways & Means Committee
3/14/2003 Filed
HB 3228 Property Taxes
Last Activity: 3/27/2003
Description: would "freeze" city and county property taxes on the homesteads of disabled persons. (Note:
this legislation would become effective only if H.J.R. 5 is approved by Texas voters.)
Moreno, P.
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/27/2003 Referred to House Local Government Ways & Means Committee
3/14/2003 Filed
Wednesday, May 07, 2003
Page 33 of 53
HB 3466 Public Information
Last Activity: 4/1/2003
Description: would create a new exemption under the Texas Public Information Act to allow a city to
protect information relating to a water system vulnerability assessment.
Mabry
e
Position: Support
Committee: State Affairs
Department Effected: Administration
History:
4/1/2003 Referred to House State Affairs Committee
3/14/2003 Filed
HB 3500 Homeland Security Fee
Last Activity: 4/1/2003
Description: would impose a new homeland security fee on every corporation in the state that is subject to
the state franchise tax, and would use the money generated to make grants to local police
and fire departments to use for projects related to homeland security.
Position: Support Committee: Ways & Means
Raymond
Department Effected: Police
History:
4/1/2003 Referred to House Ways & Means Committee
3/14/2003 Filed
e
HB 3534 Sales Taxes
Last Activity: 5/5/2003
Description: would provide that "place of business of the retailer" as defined in the Tax Code shall not
mean a location which contracts with a business to process invoices for the purpose of
avoiding the sales tax.
Laubenberg
Position: Support
Committee: Calendars
Department Effected: Budget & Research
History:
5/5/2003 Passed 3rd reading
4/24/2003 Sent to Calendars
4/16/2003 Voted Favorably from House Local Government Ways & Means as substituted
4/2/2003 Referred to House Local Government Ways & Means Committee
3/14/2003 Filed
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Page 34 of 53
HJR 4 Properly Taxes
Last Activity: 4/28/2003
Description: would amend the Texas Constitution to authorize the legislature to impose a five-percent
maximum annual increase in the taxable value of all real property. (Note: Please see H.B.
3223)
Bohac
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
4/28/2003 Failed to receive affirmative vote in committee
3/27/2003 Referred to House Local Government Ways & Means
3/14/2003 Filed
HJR 5 Properly Taxes
Last Activity: 3/27/2003
Description: would amend the Texas Constitution to "freeze" city and county property taxes on the
homesteads of disabled persons. (Note: Please see H.B. 3228)
Moreno, P.
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/27/2003 Referred to House Local Government Ways & Means Committee
3/14/2003 Filed
HJR 12 Properly Tax Exemption for Travel Trailers
Last Activity: 3/31/2003
Description: Would amend the Texas Constitution to authorize the legislature to make property tax
exemptions on travel trailers mandatory, rather than local option. Would also permit the
exemption of school district property taxes on travel trailers.
Position: Strongly Oppose Committee: Calendars
Chisum
Department Effected: Budget & Research
History:
Wednesday, May 07,2003
Page 35 of 53
3/31/2003 Laid on the table subject to call
3/25/2003 Placed on Constitutional Amendments Calendar
3/20/2003 Considered in Calendars
e 3/11/2003 Committee Report sent to Calendars
3/6/2003 Voted Favorably from House Local Government Ways & Means Committee as substi
2/20/2003 Left Pending in House Local Government Ways & Means Committee
2/10/2003 Referred to House Local Government Ways & Means Cor:nmittee
12/10/200 Filed
2
HJR 14 Property Tax Exemption - Child Care Facilities
Last Activity: 3/6/2003
Description: Would amend the Texas Constitution to authorize a property tax exemption for child care
facilities. The exemption would be at the option of the local governing body, or an election
would be required if a petition received by 20% of the voters.
Position: Strongly Oppose Committee: Local Government Ways & Means
Chavez
Department Effected: Budget & Research
History:
3/6/2003 Left Pending in House Local Government Ways & Means Committee
2/10/2003 Referred to House Local Government Ways & Means Committee Committee
12/10/200 Filed
2
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HJR 16 Property Tax Exemption for over 65
Last Activity: 5/5/2003
Description: Would amend the TX Constitution to authorize a freeze on city and county property taxes for
homesteads of persons over 65 at the option of the local goveming body or by ballot or voters
after 5% petition.
Brown, F
Position: Oppose
Committee: Calendars
Department Effected: Budget & Research
History:
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Page 36 of 53
5/5/2003 Received in the Senate
5/2/2003 Passed to engrossment
4/24/2003 Sent to Calendars
4/14/2003 Voted Favorably from House Local Government Ways & Means
3/13/2003 Left Pending in House Local Government Ways & Means Committee
2/10/2003 Referred to House Local Government Ways & Means Committee
12/10/200 Filed
2
HJR 32 Property Taxes
Last Activity: 3/13/2003
Description: Would amend the Texas Constitution to authorize the legislature to impose a five percent
statutory cap in annual increases in a homestead's value. (Current law authorizes a ten
percent cap. See HB 474)
Wong
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/13/2003 Left Pending in House Local Government Ways & Means Committee
2/10/2003 Referred to House Local Government Ways & Means Committee
1/21/2003 Filed
HJR 38 Property Taxes
Last Activity: 4/24/2003
Description: Would amend the Texas Constitution to "freeze" city and county property taxes on the
homesteads of persons over the age of 65 and disabled persons. (See HB 701)
Gutierrez
Position: Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
4/24/2003 Scheduled for public hearing - no action taken
2/18/2003 Referred to House Local Government Ways & Means Committee
2/4/2003 Filed
Wednesday, May 07, 2003
Page 37 of 53
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McClendon
HJR 60 Property Taxes
Last Activity: 3/13/2003
Description: would amend the Texas Constitution to "freeze" city and county property taxes on the
homestead of a person over the age of 65.
Position: Strongly Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/13/2003 Left Pending in House Local Govemment Ways & Means Committee
3/5/2003 Referred to House Local Govemment Ways & Means Committee
2/27/2003 Filed
Cook, R.
HJR 65 Property Taxes
Last Activity: 4/10/2003
Description: would amend the Texas Constitution to authorize the legislature to permit the taxation of
property owned by a city, but located outside the city's limits, by other taxing entities if the
governing bodies of the other taxing entities vote to tax the city property. (See HB 1533)
Position: Oppose
Committee: Local Govemment Ways & Means
Department Effected: Budget & Research
History:
4/10/2003 Left Pending in House Local Government Ways & Means Committee
3/5/2003 Referred to House Local Govemment Ways & Means Committee
3/3/2003 Filed
HJR 69 Property Taxes
Last Activity: 3/20/2003
Hegar
Description: would amend the Texas Constitution to authorize the legislature to allow no annual increase
in a homestead's taxable value. (See HB 1782)
Position: Strongly Oppose
Committee: Local Government Ways & Means
Department Effected: Budget & Research
History:
3/20/2003 Left Pending in House Local Government Ways & Means Committee
3/12/2003 Referred to House Local Government Ways & Means Committee
3/5/2003 Filed
Wednesday, May 07,2003
Page 38 of 53
S8 11 Homeland Security
Last Activity: 3/20/2003
Description: would: (1) require the govemor to develop a statewide homeland security strategy to improve
the state's ability to detect and deter threats, respond to homeland security emergencies, and
recover from homeland security emergencies; (2) create the Critical Infrastructure Protection
Council composed of state agency heads (but no local officials) to advise the govemor on the
development and coordination of a statewide critical infrastructure protection strategy; (3)
allow the governor to appoint an advisory committee composed of representatives from local
agencies or non-governmental entities to assist in the development and coordination of a
statewide homeland security strategy; (4) grant immunity from liability to an officer or
employee of a state local agency who performs a homeland security activity; (5) grant
immunity from civil liability to a state or local agency that furnishes homeland security services
pursuant to an interlocal agreement; (6) require the governor's office to grant funding to state
and local agencies for homeland security activities; and (7) require the Texas Department of
Public Safety (DPS) to help implement the governor's homeland security strategy by serving
as the state's primary entity for planning, coordinating, and integrating government
communication capabilities. (This bill is identical to S.B. 869 by Shapiro.)
Position: Support Committee: Infrastructure Development and
Security
Shapiro
Department Effected: Police
History:
3/20/2003 Referred to Senate Infrastructure Development and Security Committee
3/14/2003 Filed
S8 124
Last Activity:
Telecommunication Infrastructure Fund
5/5/2003
Shapleigh
Description: Would: (1) provide that the Telecommunications Infrastructure Fund (TIF) is not subject to
sunset review until September 1, 2009; (2) allow the amount of the TIF to reach a maximum
amount of two billion dollars; (3) utilities and commercial mobile service providers if the
amount in the fund exceeds certain amounts. (Companion bill is HB 46.)
Position: Support
Committee: Finance
Department Effected: Information Services
History:
5/5/2003 Left Pending in Senate Finance
1/29/2003 Referred to Senate Finance Committee
11/19/200 Filed
2
Wednesday, May 07, 2003
Page 39 of 53
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sa 180 Property Taxes
Last Activity: 1/30/2003
Description: Would lower from ten percent to one percent the maximum yearly increase in taxable value of
a residential homestead. (This legislation would become effective only if SJR 10 is approved
by Texas voters.)
Position: Strongly Oppose Committee: Finance
Janek
Department Effected: Bupget & Research
History:
1/30/2003 Referred to Senate Finance Committee
1/10/2003 Filed
sa 181
Last Activity:
Liability
1/30/2003
Janek
Description: Would provide that a person who administers emergency care in good faith is not liable for
any civil damages for any act performed during the emergency no matter where the
emergency care is performed, if the person is not a paid person who regularly administers
care in a hospital emergency room, other health care facility, or a means of medical transport
Position: Support
Committee: State Affairs
Department Effected: Police
e
History:
1/30/2003 Referred to Senate State Affairs Committee
1/10/2003 Filed
sa 225 Property Taxes
Last Activity: 2/3/2003
Description: Would: (1) clarify that filing property renditions and reports is mandatory for taxpayers; (2)
authorize the chief appraiser to seek an injunction for a property owner's failure to properly file
a rendition or report; (3) exempt the first $10,000 of taxable, income-producing tangible
property owned by a taxpayer, provided the taxpayer complies with all rendition and reporting
requirements; (4) shift the burden of proof from the city to the taxpayer for tax protests at the
appraisal review board if the taxpayer fails to properly file a property rendition or report; and
(5) prevent the property owner from recovering attomey's fees following a successful court
challenge of an appraisal if the the taxpayer fails to properly file a property rendition or report.
Averitt
Position: Support
Committee: Finance
Department Effected: Budget & Research
History:
2/3/2003 Referred to Senate Finance Committee
1/21/2003 Filed
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Wednesday, May 07, 2003
Page 40 of 53
SB 303 Industrialized Housing and Buildings
Last Activity: 2/5/2003
Description: Would allow a city to regulate the location of industrialized structures, just as the city can
currently regulate the location of manufactured housing.
Brimer
Position: Support
Committee: Intergovernmental Relations
Department Effected: Development.
History:
2/5/2003 Referred to Senate Intergovernmental Relations Committee
1/28/2003 Filed
,."
SB 325 Courl Costs
Last Activity: 4/22/2003
Description: Would require the state comptroller to compile a list of court fees adopted or increased during
each legislative session and publish the list in the Texas Register no later than August 1
following the end of a legislative session, and would provide that any new or increased court
fee would not become effective until January 1 after the effective date of the law imposing the
new cost or fee.
Armbrister
Position: Support
Committee: Judicial Affairs
Department Effected: Municipal Court
History:
4/22/2003 Referred to House Judicial Affairs Committee
4/16/2003 Reported engrossed
4/9/2003 Voted Favorably from Senate Finance Committee
2/6/2003 Referred to Senate Finance Committee
1/29/2003 Filed
SB 341
Last Activity:
Sales Tax Exemption
2/11/2003
Ellis
Description: Would: (1) broaden the so-called "back-to-school" sales tax exemption to include school
supplies, books, textbooks, and other instructional materials; and (2) repeal the ability of cities
to opt-out of the current sales tax holiday.
Position: Oppose Committee: Finance
Department Effected: Budget & Research
History:
2/11/2003 Referred to Senate Finance Committee
1/31/2003 Filed
Wednesday, May 07, 2003
Page 41 of 53
sa 361
Last Activity:
Highway Access Management
5/2/2003
Shapiro
e
Description: Would prohibit the Texas Transportation Commission (TIC) from adopting or enforcing an
order relating to highway access in a city if the rule is inconsistent with a rule adopted by that
city before the effective date of the TIC's order.
Position: Support Committee: Transportation
Department Effected: Police
History:
5/2/2003 Voted Favorably from House Transportation as amended
3/27/2003 Referred to House Transportation Committee
3/25/2003 Passed to Engrossment
3/17/2003 Voted Favorably from Senate Infrastructure Development and Security Committee as
substituted
3/3/2003 Left Pending in Senate Infrastructure Development and Security Committee
2/11/2003 Referred to Senate Infrastructure Development and Security Committee
2/5/2003 Filed
e
S8 383 Residential Construction
Last Activity: 3/27/2003
Description: Would create the Texas Residential Construction Commission (TRCC) and require the TRCC
to adopt rules relating to building standards for residential construction, state-sponsored
inspection and dispute resolution, and approval of third-party warranty programs and
inspectors.
Duncan
Position: Support
Committee: Business and Commerce
Department Effected: Development
History:
3/27/2003 Re-referred to Senate Business and Commerce Committee
2/11/2003 Referred to Senate State Affairs Committee
2/6/2003 Filed
sa 420 County Development Districts
Last Activity: 4/22/2003
Description: Would require, prior to creation of a CDD, proof of written notice to a city if a CDD's proposed
boundaries include land in the extraterritorial jurisdicition (ET J) of the city, allow land within a
city to be included in a CDD only if the city consents to the inclusion of the land in the CDD,
among other things.
Nelson
Position: Support
Committee: County Affairs
Department Effected: Development
e History:
Wednesday, May 07, 2003
Page 42 of 53
4/22/2003 Referred to House County Affairs Committee
4/16/2003 Reported engrossed and passed to the House
4/2/2003 Voted Favorably from Senate Intergovernmental Relations Committee as substituted
2/1712003 Referred to Senate Intergovernmental Relations Committee
2/10/2003 Filed
sa 458 Court Costs
Last Activity: 3/27/2003
Description: Would require the state auditor's office to conduct an impact statement for each bill or
. proposed constitutional amendment that would impose a court cost on a criminal case or
increase an existing court cost imposed in a criminal case; and would provide that the impact
statement must show the total amount of court costs and fees a person would be required to
pay under the proposed bill or resolution.
Armbrister
Position: Support
Committee: Criminal Jurisprudence
Department Effected: Municipal Court
History:
3/27/2003 Referred to House Criminal Jurisprudence Committee
3/20/2003 Senate passed to Engrossment
3/11/2003 Voted Favorably from Senate Criminal Justice Committee as substituted
2/17/2003 Referred to Senate Criminal Justice Committee
2/12/2003 Filed
sa 500 Licensing of Electricians
Last Activity: 2/19/2003
Description: Would add the Texas Electrical Safety and Licensing Act to the Texas Occupations Code.
(Companion is HB 1487)
Armbrister
Position: No position
Committee: Business and Commerce
Department Effected: Development
History:
2/19/2003 Referred to Senate Business and Commerce Committee
2/14/2003 Filed
Wednesday, May 07,2003
Page 43 of 53
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sa 501 Handguns
Last Activity: 4/28/2003
Description: Would prevent a governmental entity (including a city) from using the criminal trespass statute
to prohibit a concealed handgun licensee from carrying a handgun onto the entity's property.
(Companion HB 878)
Position: Oppose Committee: Calendars
Armbrister
Department Effected: Police
History:
4/28/2003 Sent to Calendars
4/22/2003 Voted Favorably from House Criminal Jurisprudence as substituted
4/8/2003 Referred to House Criminal Jurisprudence Committee
4/3/2003 Passed to Engrossment
3/19/2003 Placed on intent calendar
3/11/2003 Voted Favorably from Senate Criminal Justice Committee as substituted
2/19/2003 Referred to Senate Criminal Justice Committee
2/14/2003 Filed
sa 502 Courl Costs
Last Activity: 5/1/2003
Description: Would: (1) consolidate the collection and remittance of all court costs and fees collected in
municipal court; (2) establish a court cost of $40 for all non-jailable misdemeanors; (3)
provide a uniform definition for the term "conviction" for purposes of determining when court
costs and fees are due; and (4) provide for quarterly submittal of the fees.
Position: Support Committee: Finance
Armbrister
Department Effected: Municipal Court
History:
5/1/2003 Placed on intent calendar
4/29/2003 Voted Favorably from Senate Finance as substituted
2/19/2003 Referred to Senate Finance Committee
2/14/2003 Filed
Wednesday, May 07,2003
Page 44 of 53
SB 647 Public Information
Last Activity: 2/27/2003
Description: Would provide that information relating to the vulnerability of utility infrastructure to disruption
or damage by and intentional act of harm is confidential.
Wentworth
Position: Support
Committee: Infrastructure Development and
Security
Department Effected: Administration
History:
3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee
2/27/2003 Referred to Senate Infrastructure Development and Security Committee
2/21/2003 Filed
SB 656 Signs
Last Activity: 5/1/2003
Description: Would provide that a city that regulates signs may require the removal of an on-premise sign
not later than the first anniversary of the date the business, person, or activity that the sign
identifies or advertises ceases to operate on the premises on which the sign is located.
Position: Support Committee: Urban Affairs
Brimer
Department Effected: Development
History:
5/1/2003 Voted Favorably from House Urban Affairs
4/10/2003 Referred to House Urban Affairs Committee
4/8/2003 Passed to Engrossment
3/26/2003 Voted Favorably from Senate Intergovernmental Relations Committee as substituted
2/27/2003 Referred to Senate Intergovernmental Relations Committee
2/24/2003 Filed
SB 657 Tax Increment Financing
Last Activity: 5/5/2003
Description: Would permit any city to exclude captured tax increment from its taxable value for effective
and rollback rate calculation purposes. Under current law, only cities in counties with
populations of less than 500,000 may exclude tax increment from taxable value.
Brimer
Position: Support
Committee: Finance
Department Effected: Budget & Research
History:
Wednesday, May 07, 2003
Page 4S of S3
5/5/2003 Placed on local and uncontested calendar
4/28/2003 Voted Favorably from Senate Finance as substituted
2/27/2003 Referred to Senate Finance Committee
e 2/24/2003 Filed
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S8 660 Traffic Offenses
Last Activity: 3/27/2003
Ogden
Description: Would establish a maximum and a minimum fine for a person convicted of exceeding the
speed limit by more than 25 miles-per-hour. The maximum fine would be $500 with the
minimum fine amount set at $200. A city or county would be required to send $200 of each
fine collected to the state for each of these speeding violations; and the state would use the
money to fund a statewide traffic safety program.
Position: Oppose Committee: Transportation
Department Effected: Municipal Court
History:
3/27/2003 Referred to House Transporation Committee
3/26/2003 Passed to Engrossment
3/10/2003 Voted Favorably from Senate Infrastructure Development and Security Committee
3/3/2003 Left Pending in Senate Infrastructure Development and Securtiy Committee
2/27/2003 Referred to Senate Infrastructure Development and Security Committee
2/24/2003 Filed
S8 663 State Tax on Court Fines
Last Activity: 4/9/2003
Ogden
Description: Would create a new, five-dollar state tax on each court fine to be paid upon the conviction of
any misdemeanor, with ten percent of the tax revenue going to fund the State Center for
Transportation Safety and the remainder going to the Texas Department of Public Safety
(DPS) to fund traffic enforcement in areas in which DPS determines there is a need for
additional enforcement. The bill would also exclude this new tax from being consolidated with
other state taxes paid on court fines in municipal court.
Position: Oppose
Committee: Law Enforcement
Department Effected: Municipal Court
History:
4/9/2003 Referred to House Law Enforcement Committee
417/2003 Passed to Engrossment
3/19/2003 Voted Favorably from Senate Infrastructure Development and Security Committee as
substituted
3/10/2003 Left Pending in Senate Infrastructure Development and Security Committee
2/27/2003 Referred to Senate Infrastructure Development and Security Committee
2/24/2003 Filed
Wednesday, May 07,2003
Page 46 of 53
sa 672 Collective Bargaining
Last Activity: 2/27/2003
Description: Would authorize a city to "meet and confer" (engage in collective bargaining) with a fire fighter
association without a petition and popular vote, as is required by current law.
Position: Oppose Committee: Intergovernmental Relations
Gallegos
Department Effected: Human Resources
History:
2/27/2003 Referred to Senate Intergovernmental Relations Committee
2/24/2003 Filed
sa 687 Electricity Aggregation
Last Activity: 5/2/2003
Description: Would allow school districts to purchase electricity through a political subdivision agrregation
corporation.
West
Position: Support
Committee: Education
Department Effected: Administration
History:
5/2/2003 Place on intent calendar
4/22/2003 Voted Favorably from Senate Education
3/3/2003 Referred to Senate Education Committee
2/25/2003 Filed
sa 763 Open Government
Last Activity: 3/27/2003
Lindsay
Description: would allow a county commissioners court or city council to hold an executive session to
deliberate the details, or specific occasions for implementation, of a plan for responding to an
act of terrorism, and would except from disclosure any information relating to the plan.
Position: Support Committee: Infrastructure Development and
Security
Department Effected: Administration
History:
3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee
3/5/2003 Referred to Senate Infrastructure Development and Security Committee
2/28/2003 Filed
Wednesday, May 07, 2003
Page 47 of 53
sa 784 Elections Dates
Last Activity: 3/5/2003
Armbrister
e
Description: Would reduce the number of uniform election dates from four to two with the two new uniform
election dates being the first Saturday in May and the first Tuesday after the first Monday in
November, and would require that all elections, except a run-off election, must be held on one
of the two uniform election dates. The bill would also require a city, if necessary, to change its
election date to one of the two dates no later than December 31, 2003.
Position: Oppose
Committee: State Affairs
Department Effected: City Secretary
History:
3/5/2003 Referred to Senate State Affairs Committee
2/28/2003 Filed
SB 823 Streamlined Sales Tax
Last Activity: 4/24/2003
Description: would enact the statutory changes called for by the multi-state Streamlined Sales Tax
Agreement, and would authorize the state comptroller to formally enter into the agreement on
behalf of Texas. The bill would affect cities in the following ways: (1) for goods shipped within
Texas, provide that local sales taxes are sourCßd at the point of delivery rather than the point
of origin, as current law provides; (2) provide numerous changes to the sourcing of
telecommunications services, including provisions that may source telecommunications at the
point where a call terminates in certain cases, as opposed to exclusive sourcing at the point
of origin under current law; (3) cancel the authority of cities to opt-out of the current sales tax
holiday; and (4) provide that the sourcing changes listed above will not be effective until July
1, 2004, while the remainder of the bill takes effect October 1, 2003.
Fraser
e
Position: Strongly Oppose
Committee: Finance
Department Effected: Budget & Research
History:
4/24/2003 Left Pending in Senate Finance
3/10/2003 Referred to Senate Finance Committee
3/3/2003 Filed
SB 850 Contracts and Bidding
Last Activity: 5/6/2003
Description: would permit a city by ordinance to refuse to contract with, or accept the low bid of, persons
or businesses that are indebted to the city.
Lindsay
Position: Support
Committee: County Affairs
Department Effected: Administration
History:
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Wednesday, May 07, 2003
Page 48 of 53
5/6/2003 Placed on Local, Consent, & Res. Calendar
5/2/2003 Considered in Local & Consent Calendars
4/16/2003 Voted Favorably from House County Affairs as substituted
417/2003 Referred to House County Affairs Committee
4/3/2003 Passed to Engrossment
3/26/2003 Voted Favorably from Senate Intergovernmental Relations Committee
3/10/2003 Referred to Senate Intergovernmental Relations Committee
3/4/2003 Filed
sa 872 Security/Open Government
Last Activity: 3/27/2003
Description: would: (1) provide that a governmental body is not required to conduct an open meeting to
deliberate tactical, security, or emergency procedures in a plan for preventing or responding
to terrorism; or to deliberate an engineering, architectural, or similar plan or drawing if such
deliberation in an open meeting could jeopardize health, safety, and security; and (2) exempt
from the Public Information Act information relating to tactical, security, or emergency
procedures in a plan for preventing or responding to terrorism; and information that relates to
engineering, architectural, or similar plan or drawing if disclosure of such information would
jeopardize health, safety, or security.
Position: Support Committee: Infrastructure Development and
Security
Wentworth
Department Effected: Administration
History:
3/27/2003 Left Pending in Senate Infrastructure Development and Security Committee
3/11/2003 Referred to Senate Infrastructure Development and Security Committee
3/5/2003 Filed
sa 991 Zoning
Last Activity: 3/13/2003
Description: would allow a city to regulate the appearance or architectural style of buildings or other
structures, including the types of building materials that may be used or the amount of
masonry that must be contained on the exterior of the building or structure, and the
appearance of yards, courts, or open spaces, including the types or quantities of plants or
landscaping materials required. The bill would also subject these regulations to the provisions
of Chapter 245 of the Local Government Code, the permit "vesting" statute. ( Companion bill
is H.B. 1207 by Kuempel.)
Position: Support Committee: Intergovernmental Relations
Armbrister
Department Effected: Development
History:
Wednesday, May 07, 2003
Page 49 of 53
4/30/2003 Voted Favorably Senate Intergovernmental Relations as substituted
3/13/2003 Referred to Senate Intergovernmental Relations Committee
3m2003 Filed
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sa 1026 Police and Fire
Last Activity: 3/17/2003
Description: would: (1) allow police or fire collective bargaining in every city without a petition and popular
vote as is currently required; and (2) repeal the alternate promotion system in police
departments covered by Chapter 143 of the Local Government Code (fire and police civil
service). (Companion bill is H.B. 1774 by Bailey.)
Gallegos
Position: Oppose
Committee: State Affairs
Department Effected: Human Resources
History:
3/17/2003 Referred to Senate State Affairs Committee
3m2003 Filed
sa 1047 Councilmember's Legislative Actions
Last Activity: 4/28/2003
Description: would prohibit a member of a city council from being sanctioned, penalized, or disciplined in
connection with the person's practice of a licensed or regulated profession for any action the
councilmember may have taken in a legislative capacity on the city council.
Position: Support Committee: State Affairs
Ellis
e
Department Effected: Administration
History:
4/28/2003 Voted Favorably from House State Affairs as substituted
417/2003 Referred to House State Affairs Committee
4/212003 Passed to Engrossment
3/24/2003 Voted Favorably from Senate State Affairs as substituted
3/17/2003 Referred to Senate State Affairs Committee
317/2003 Filed
sa 1262 Sales Tax Rebates
Last Activity: 5/2/2003
Description: would prevent cities from granting sales tax rebates for the purpose of persuading businesses
to move all or part of their existing business from one city to another. (Companion bill is H.B.
2623 by Hegar.)
Armbrister
Position: Oppose
Committee: Intergovernmental Relations
Department Effected: Development
e History:
Wednesday, May 07, 2003
Page 50 of 53
5/2/2003 Voted Favorably from Senate Intergovernmental Relations as substituted
3/19/2003 Referred to Senate Intergovemmental Relations Committee
3/12/2003 Filed
S8 1271 Gas Utilities
Last Activity: 5/5/2003
Description: would provide incentives to encourage gas utilities to invest in new infrastructure by: (1)
allowing a gas utility to adjust the monthly customer charge or initial block rate without action
of the Railroad Commission (RRC) to recover the cost of a new investment in an amount up
to that necessary to cover the return on investment, depreciation expense, ad valorem taxes,
revenue-related taxes, and incremental federal income taxes related to the difference in the
value of the invested capital; and (2) requiring a gas utility, prior to adjusting a rate, to file an
annual report with the RRC describing the investment projects completed and placed in
service during the preceding calendar year, the investments retired or abandoned during the
preceding calendar year, and demonstrating the utility's earnings during the preceding
calendar year. (Companion bill is H.B. 1942 by West.)
Position: Strongly Oppose Committee: Calendars
Armbrister
Department Effected: Finance
History:
5/5/2003 Sent to Calendars
4/30/2003 Voted Favorably from House Regulated IndUstries as substituted
4/25/2003 Received in the House/Referred to House Regulated Industries
4/25/2003 Reported engrossed
4/10/2003 Voted Favorably from Senate Natural Resources as sustituted
3/19/2003 Referred to Senate Natural Resources Committee
3/12/2003 Filed
S8 1326 Industrialized Housing
Last Activity: 5/5/2003
Description: would authorize a city to adopt regulations regarding the location of industrialized housing or
buildings, including regulations prohibiting the construction or installation of industrialized
housing or buildings in a residential area.
Carona
Position: Support
Committee: Business and Commerce
Department Effected: Development
History:
5/5/2003 Placed on Local and Uncontested Calendar
4/28/2003 Voted Favorably from Senate Business and Commerce
3/19/2003 Referred to Senate Business and Commerce Committee
3/12/2003 Filed
Wednesday, May 07, 2003
Page 51 of 53
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sa 1383 Electric Deregulation
Last Activity: 3/19/2003
Description: Limits competitive metering to large industrial and commercial customers. Implementation
expense surcharged to those classes.
Armbrister
Position: Support
Committee: Business and Commerce
Department Effected: Administration
History:
3/19/2003 Referred to Senate Business and Commerce Committee
3/12/2003 Filed
sa 1401 Telecommunications Infrastructure Fund
Last Activity: 3/20/2003
Description: would: (1) abolish the telecommunications infrastructure fund (TIF) board; (2) put the TIF
under the control of the state comptroller; and (3) provide that TIF proceeds may be available
as general state revenue under certain budgetary conditions.
Fraser
PO$ition: Oppose
Committee: Finance
Department Effected: Budget & Research
History:
3/20/2003 Referred to Senate Finance Committee
3/13/2003 Filed
sa 1766 State Agency Rules
Last Activity: 3/24/2003
Description: would prohibit a state agency from adopting rules that impose costs on local governments
unless the legislature specifically authorizes the rules. (Companion bill is H.B. 426 by
Christian.)
Position: Support Committee: Government Organization
Deuell
Department Effected: Administration
History:
3/24/2003 Referred to Senate Government Organization Committee
3/14/2003 Filed
Wednesday, May 07, 2003
Page 52 of 53
SB 1792 Gas Utilities
Last Activity: 3/24/2003
Description: Permits cities and other parties to seek reductions to price to beat when gas prices decline.
Today it is a one way street with only utilities being allowed to seek adjustments to price to
beat fuel factors.
Barrientos
Position: Support
Committee: Business and Commerce
Department Effected: BÜdget & Research
History:
3/24/2003 Referred to Senate Business and Commerce Committee
3/14/2003 Filed
sa 1875 Open Meetings/Public Information
Last Activity: 4/14/2003
Description: would provide that: (1) a govemmental body shall not be required to conduct an open meeting
to deliberate a water or sewer system vulnerability assessment; and (2) information relating to
such vulnerability shall be excepted from the requirements of the Public Information Act.
Position: Support Committee: State Affairs
Ratliff
Department Effected: Administration
History:
4/14/2003 Referred to House State Affairs
4/10/2003 Passed to Engrossment
3/31/2003 Voted Favorably from Senate State Affairs Committee
3/24/2003 Referred to Senate State Affairs Committee
3/21/2003 Filed
Janek
SJR 10 Property Taxes
Last Activity: 2/6/2003
Description: Would amend the Texas Constitution to authorize the legislature to impose a statutory cap on
annual increases in a homestead's value that is less than the minimum of ten percent
currently allowed by the Constitution. (See SB 180)
Position: Oppose
Committee: Finance
Department Effected: Budget & Research
History:
2/6/2003 Referred to Senate Finance Committee
1/10/2003 Filed
Wednesday, May 07,2003
Page 53 of 53
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2003-050
~ Date:
~ Subject:
May 12, 2003
Development of Traffic Calming Policy
During the past few years, the Public Works Department has been receiving calls from various
Homeowner Associations (HOA) groups expressing concerns about traffic in their subdivisions.
The traffic concerns generally fall into two categories, "speeding" or "cut-through" traffic.
Currently City staff has one option, the Road Hump Policy (Ordinance No. 2571), approved by
Council to address the traffic concerns.
One of the goals for the Public Works Department identified in the 2002/2003 Annual Budget is
to develop a comprehensive Traffic Calming Policy and present the policy to Council for
approval. The Traffic Calming Policy will identify several options to help lower the speed of
traffic and the potential "cut-through" traffic. The options will include inexpensive choices (Le.,
education) as well as expensive choices (Le., closing road with cul-de-sac). It is staff's desire to
have Council approve the policy with several options open for the Public Works Department to
implement as warranted.
Public Works is planning on presenting the "draft" Traffic Calming Policy to Council in August.
Respectfully submitted,
71~~~ C~,:t;
Mike Curtis, P.E.
Public Works Director
RMC/smm
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Council Meeting Date: 5/12/03
Subject: Election of Mayor Pro Tem
Agenda Number: GN 2003-060
The Charter states that the Mayor Pro Tem shall be selected from the seven council
members at the first regular meeting following the City's general election. Since this is the
first regular meeting following the May 3 general election, the City Council must elect a
Mayor Pro Tem at this Council meeting.
Recommendation:
To elect a Mayor Pro Tem
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
Çj}dvè~à ~
Department Head Signature
Finance Director
P~OA 1 of
~
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICH LAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
e LOOP 820 - APRIL 28, 2003
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 28th day of April, 2003 at 5:45 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
Present:
Oscar Trevino
Frank Metts, Jr.
Lyle E. Welch
Scott Turnage
JoAnn Johnson
David Whitson
Joe D, Tolbert
Timothy J. Welch
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Staff Members: Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Paulette Hartman
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Jim Browne
Call to Order
Mayor
Mayor Pro T em
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Communications Director
Parks & Recreation Director
Mayor Trevino called the Pre-Council meeting to order at 5:47 p.m.
1. Discuss items from Reaular April 28. 2003 City Council Meetinq
Councilman Tolbert advised that he wanted to remove items 6E and 6G from the
consent agenda.
Mayor Trevino expressed his concerns with item number 11 (GN 2003-056) becoming
public record and showing the city's vulnerability.
e
Mr. Curtis advised council engineers from Freese and Nichols, Inc. will be available at
the regular meeting to discuss how they can proceed with project and keep some of the
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City Council Minutes
April 28, 2003
Page 2
pertinent information from being public. Mr, Curtis said that some of the engineers that
have conducted studies say there is a way they can proceed without the risks being
published.
Mayor Pro T em Metts asked if there would be penalties associated with not completing
project. Mayor Pro Tem Metts would rather have the City complete the project and not
disclose information.
Mr. Cunningham advised council the project needs to be finished by December 2003.
Mayor Trevino commented that he would like staff to explain consent agenda items 6E
and 6G at the regular meeting.
2. IR 2003-039 Discuss Notice of Assessment of liquidated DamaQes to Charter
Communications
Assistant to City Manager Paulette Hartman gave council an update of the assessment
of liquidated damages with Charter Communications. Ms. Hartman said the City
Manager sent a letter to Charter Executives on April 18, 2003 assessing liquidated
damages in the amount of $330,489. Charter has 10 days to request a hearing before
the City Council or pay the damages, Ms. Hartman advised that other cities also sent
letters to Charter Communications. While other cities have received their responses
North Richland Hills has not received a response, but expect it to arrive within a couple
of days. The responses to the cities are the same in that they are requesting a hearing
before the City Council and also request an informal meeting. Ms. Hartman advised
council that the City has two choices: (1) the council can either hear the matter; or (2)
appoint a hearing officer to hear the matter. Staff is recommending that council appoint
one hearing officer that would represent all of the cities, Should council want to hear
the matter staff suggests setting a public hearing this evening.
Councilman Lyle E. Welch said that he would think that the hearing officer would be the
City Manager.
Ms. Hartman advised council the consortium met last week to see what direction should
be taken. The idea is to have an outside party be the hearing officer who would
represent all the cities. Ms. Hartman informed council that staff would be present at
any hearing or meetings.
Mayor Trevino asked if the consortium has a list of names for the hearing officer.
Ms. Hartman advised that the consortium does not have that information yet, but would
bring forward a list of names should council elect to have a hearing officer represent the
City.
City Council Minutes
April 28, 2003
Page 3
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Mr. Cunningham said Charter has the ability to meet with the City Manager. Mr.
Cunningham had said that he would share the City's position. Charter then has the
opportunity to request a hearing before the council or the hearing officer. Staff
recommends having one hearing officer for the cities since all the issues are the same;
the only difference is the dollar amount. Staff believes it would be more effective to
have one hearing officer.
Councilman Turnage asked who would be the hearing officer. Councilman Turnage
wanted to know if it would be mayors or attorneys.
Mr. Cunningham said that the hearing officer would probably be an attorney.
City Attorney George Staples said that the hearing officer would be a person who has
the expertise in the hearing matter.
The consensus of council was to move forward with a hearing officer.
Ms. Hartman advised council that staff would bring a recommendation for the hearing
officer.
e 3, IR 2003-041 Leqislative Update
Mr. Vick advised council that Monday, May 12 is the last day for house committees to
report house bill and joint resolutions. Mr. Vick outlined the following legislative items.
HB 1606 - Financial Disclosure
Mr. Vick advised council that letters have been prepared for council signature. Staff is
strongly opposed to HB 1606.
HB 3143 - Streamlined Sales Tax
The bill is in committee and is the biggest concern of staff is if it passes without an
advisory clause some cities can find themselves losing money, Staff is strongly
opposed to this bill. Mr. Vick said that he does anticipate that this bill will move and
pass by some form.
HB 136 - Property Tax Exemption
This bill has financial implications and staff is opposed to this bill.
HB 2340 - Electric Deregulation
Several CAPP board members testified on six bills in Austin in hopes to bring more
competition and customer service to the deregulation electricity. Staff is in support of
this bill. Mr. Vick does not know if this bill will pass.
e SB 657 - Tax Increment Funding
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Page 4
Mr. Vick advised council this bill is in serious trouble. In January or the first of February
the government stopped the transfer of the TIF monies from the libraries and kept it in
the State's general fund.
HB 3185 - Transportation
This bill was favorably voted by the House Transportation Committee on April 16th and
has been sent to the Calendars Committee. If passed, this bill will seriously jeopardize
funding for the Northeast Transportation Service. Letters of opposition were sent to
members of the Transportation Committee and to Representative Vickie Truitt.
Representative Bob Griggs has also been made aware of the City's position on this bill.
4. IR 2003-040 Tax Exemption for Orqanizations Enqaqed Primarily in Performinq
Charitable Functions
Ms. Bostic advised council that House Bill 1689 created a local option property tax
exemption for organizations engaged primarily in charitable activities, Under House Bill
1689 individual taxing units must adopt the exemption by vote of the governing body or
by majority vote at an election called by the governing body upon petition by 20 percent
of the qualified voters who voted in the taxing unit's last election. The taxing unit's vote
to adopt the exemption will cover all qualified organizations in its jurisdiction. The City
can not pick and choose among organizations eligible for the exemption. The City has
received a request for the exemption from Smithfield Masonic Lodge #455, Currently
the lodge pays $350 per year to the City in property taxes, Staff tried to determine what
other organizations might potentially file for the exemption and found approximately half
a dozen, Staff is not able to determine exactly how many organizations might qualify
for the exemption and therefore cannot determine the future impact of the exemption.
Staff surveyed neighboring cities and they are not providing this exemption. The two
school districts in North Richland Hills were also surveyed and they are not providing
the exemption. Staff does not recommend that the City grant the exemption, unless
other cities in our area grant the exemption. Ms. Bostic advised council they had three
options: (1) to do nothing at this time; (2) wait to see if other taxing entities in our area
grant the exemption; or (3) place an item on the next council agenda to vote on
adopting the exemption. If the council chooses to do nothing the exemption would not
be available to qualifying organizations. However, this would allow the qualifying
organization to petition for a vote in the next election.
The consensus of council was not to award the exemption to Smithfield Masonic Lodge
#455.
5. IR 2003-043 Update on Games of Texas
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April 28, 2003
Page 5
Park and Recreation Director Jim Browne showed council the marketing video for the
upcoming 2003 Games of Texas. Mr. Browne also advised council of the press
conference on May 8 and that Games of Texas would be held July 24 - 27,
6. Executive Session
Mayor Trevino announced at 6:30 p.m. that council would recess to executive session
to discuss southern section of North Richland Hills as authorized by Government Code
§551.086.
Adjournment
Mayor Trevino adjourned the Pre-Council meeting at 6:45 p,m.
REGULAR C.OUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order April 28, 2003 at 7:00 p,m.
ROLL CALL
Present:
Oscar Trevino
Frank Metts, Jr.
Lyle E, Welch
Scott Turnage
JoAnn Johnson
David Whitson
Joe D. Tolbert
Timothy J. Welch
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Steve Norwood
Greg Vick
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
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April 28, 2003
Page 6
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2.
INVOCATION
Public Information Director Jenny Mabry gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Ms. Mabry led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
PROCLAMATION - NATIONAL VOLUNTEER WEEK PROCLAMATION
e
Councilman Turnage presented a proclamation to Mr. Wagner proclaiming April 27-
May 3 as Natinal Volunteer Week.
RECOGNITION - PRESENTATION OF NRH 2002 VOLUNTEER OF THE YEAR
Councilman Turnage recognized Mr. Norman Vanlaningham for his dedication to the
City of North Richland Hills. Mr. Vanlaningham was presented with a plaque for being
selected as North Richland Hills Volunteer of the Year.
CERTIFICATE OF COMMENDATION - LARRY LALANNIE
Fire Chief Andy Jones presented Larry Lalannie with a certificate of appreciation for his
quick assessment and course of action in aiding a two-year old at Home Depot.
PROCLAMATION - PAWS FOR CAUSE WALK-A-THON
Councilman Turnage presented a proclamation to Animal Control Supervisor Don
Sharp proclaiming May 3 - 10, 2003 as Paws on the Beach Adoptathon and Be Kind to
Animals Week.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
e Councilman Tolbert removed items 6E and 6G.
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April 28, 2003
Page 7
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6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE COUNCIL MEETING APRIL 14, 2003
B. PS 2003-09 CONSIDERATION OF A REQUEST FROM SAM'S REAL ESTATE
BUSINESS TRUST FOR THE APPROVAL OF THE FINAL PLAT OF LOT 3-R,
BLOCK 6, TAPP ADDITION (LOCATED IN THE 6200 BLOCK OF NORTHEAST
LOOP 820 - 15.597 ACRES)
C. PS 2003-14 CONSIDERATION OF A REQUEST FROM CHRIS BENOY FOR THE
APPROVAL OF THE FINAL PLAT OF LOT 1, BLOCK 1 , MILTON PRICE
ADDITION (LOCATED AT 8109 NEWMAN ROAD - .58 ACRES)
D. GN 2003-053 RESCHEDULING MAY 26 COUNCIL MEETING TO MAY 27
E. REMOVED
F. PU 2003-025 AWARD ANNUAL FOOD SUPPLY CONTRACT FOR NRH20 TO
BEN E. KEITH - RESOLUTION NO. 2003-043
G.REMOVED
COUNCILMAN LYLE E. WELCH MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE THE
REMAINING ITEMS ON THE CONSENT AGENDA.
Motion to approve carried 7-0.
6E.
PU 2003-024 AWARD OF BID TO SHARROCK ELECTRIC, INC. IN THE AMOUNT
OF $45,333.50 FOR THE LOOP 820 AT INDUSTRIAL PARK BOULEVARD
TRAFFIC SIGNAL
TABLED
Councilman Tolbert believes this item needs to be studied further and after discussion
with the City Manager there did not appear to be a rush for council consideration.
COUNCILMAN TOLBERT MOVED TO TABLE ITEM INDEFINITELY. COUNCILMAN TURNAGE
SECONDED THE MOTION.
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Mayor Trevino asked Mr. Cunningham to be sure that council addresses this issue at a
future Pre-Council meeting.
Motion to table carried 7-0.
6G.
PU 2003-026 EXECUTION OF SUPPLEMENTAL AGREEMENT TO THE
PROFESSIONAL SERVICES CONTRACT WITH NEWMAN JACKSON BIEBERSTEIN
IN THE AMOUNT OF $90,400 FOR THE NEIGHBORHOOD PARK PROJECT -
RESOLUTION NO. 2003-044
APPROVED
Councilman Tolbert advised council he removed item from the consent agenda
because he believed that the public would be interested in hearing item.
Parks and Recreation Director Jim Browne advised item was the execution for
supplemental agreement with Newman Jackson Bierberstein, Staff discussed with
council the potential for ultimate development for this park project. The approved
Master Development Plan includes the neighborhood park amenities playground, trail
pavilion, benches, etc. It will also include a lake, culvert, and trailhead parking in the
park. Staff received comments and feed back from neighbors, members of the council
and park and recreation board. Staff then provided council with a proposal on February
5 to move forward with this phase of the development and concurrently moving forward
with the design of Phase I. The supplemental agreement in the amount of $90,400
includes the following:
1. Design/engineering fees for the culvert extensions, parking and lake in the
amount of $23,000, which represents approximately 7,3% of the construction
cost.
2. Additional costs associated with the USACE, FEMA and TCEQ requirements, in
the amount of $67,400. This work includes the permit processing costs for the
Nationwide 404 permit. TCEQ permit, CLOMR/LOMR processing and all
application and document fees.
Mr. Browne advised council that Britt Logan and Mike Crenshaw of Teague Nail and
Perkins were available to answer questions.
Councilman Tolbert clarified that council is voting on the engineering and for staff to
proceed with the permits.
Mr. Browne confirmed that action tonight is amending the services contract for the
design portion of the neighborhood park.
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Page 9
Councilman Tim Welch asked for clarification that the cost of $67,400 are for the
permits or does the dollar amount include the cost of the sub consultant to prepare the
applications.
Mr. Crenshaw advised council the costs include the permit fee as well as Teague Nail
and Perkins fee for preparing the permits.
COUNCILMAN TOLBERT MOVED TO APPROVE PU 2003-026. COUNCILMAN TIM WELCH
SECONDED THE MOTION.
Motion to approve carried 7-0.
7.
GN 2003-054 CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO
THE AWARD AND SALE OF $2,750,000 IN GENERAL OBLIGATION BONDS AND
APPROVE ORDINANCE NO. 2702
APPROVED
Mr. Larry Koonce summarized GN 2003-054 and GN 2003-055 for council. Mr. Koonce
advised council that four bids were received and were 75 and 80 basis points better
than what the city did last year. The general obligation sale is almost the end of the
1994 bond authorizations ($1,380,000 for Rufe Snow improvements). Staff is at the
beginning of the 2003 bond election -- $370,000 in street projects, $100,000 design for
Holiday West Channel, $900,000 for fire facility upgrades.
Staff is also selling $2,250,000 for NRH20 multi-level complex and TIF#2 remaining
land purchase and design for the library in the amount of $1 ,450,000.
Mr. Koonce introduced Dave Medanich of First Southwest.
Mr. Medanich advised council the bids were received electronically via the internet. The
winning bid for the general obligation bonds was Citigroup Global Markets, Inc. with an
interest cost of 4,095% and the winning bid for certificates of obligation was Southwest
Securities, Inc. with an interest cost of 4.14%.
Mayor Trevino asked Mr. Curtis to give council a summary of the streets that are under
the 1994 bond election, what the city is doing on the 2003 bond election and where the
Holiday West Channel is located and under what general obligation the channel is
included.
Mr. Curtis advised there are some projects from the 1994 bond program included in the
sale. There are two projects for the 1994 program that involve Rufe Snow Drive
(Glenview to Karen) and another section of Rufe Snow (Mid Cities Boulevard to
Hightower). Although the later is not part of the 1994 bond program, due to federal
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April 28, 2003
Page 10
grant money received by the city. The 2003 bond program includes the design of
Glenview Drive, sections of Lola, Galway and Flory Street and also includes the Holiday
West Channel improvements. The Holiday West Channel is the reconstruction of the
concrete line channel.
COUNCILWOMAN JOHNSON MOVED TO ACCEPT THE BID OF CITIGROUP GLOBAL MARKET INC.,
FOR THE PURCHASE OF $2,750,000 CITY OF NORTH RlCHLAND HILLS, GENERAL OBLIGATION
BONDS, SERIES 2003 AT A TRUE COST OF 4.095% AND ADOPT ORDINANCE No. 2702
AUTHORIZING THE ISSUANCE OF SUCH BONDS. COUNCILMAN LYLE E. WELCH SECONDED THE
MOTION.
Motion to approve carried 7-0.
8.
GN 2003-055 CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO
THE AWARD AND SALE OF..$3,700,000 IN TAX AND WATERWORKS AND SEWER
SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 2003 AND
APPROVE ORDINANCE NO. 2703
APPROVED
Mayor Trevino advised council this item was summarized with GN 2003-054 and
entertained a motion.
COUNCILMAN TOLBERT MOVED TO ACCEPT THE BID OF SOUTHWEST SECURITIES, INC. FOR THE
PURCHASE OF $3,700,000 CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS
AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES
2003 AT A TRUE INTEREST COST OF 4.14% AND ADOPT ORDINANCE No. 2703 AUTHORIZING
THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION. COUNCILMAN WHITSON SECONDED
THE MOTION.
Motion to approve carried 7-0.
9.
PS 2003-11 CONSIDERATION OF A REQUEST FROM REBEL PROPERTIES LLC.
FOR THE APPROVAL OF THE FINAL PLAT OF IRON HORSE ADDITION PHASE II
(LOCATED IN THE 6300 BLOCK OF BROWNING DRIVE - 30.94 ACRES)
APPROVED
Mayor Trevino asked Mr. Cunningham to explain why this item was not placed on the
consent agenda.
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Page 11
Mr. Cunningham advised council there was an issue related to the easements for the
electrical service. Staff originally understood that there were going to be a number of
transformers and other units that would be located in the front of the properties. Staff
felt there could be a way to minimize or reduce the transformers, Staff discussed this
with Oncor and Mr. Wood in hopes of reaching an agreement for the location of the
transformers, Mr. Cunningham advised council staff held off on this item in hopes to
work with Mr. Wood and Oncor to further reduce the amount of transformers located at
the front of the properties, Mr. Cunningham said that staff will work the Planning and
Zoning Commission to see if there are any means, by which the City can modify the
subdivision regulations relating to the placement of transformers in future
developments.
Mr. Mark Wood, applicant, advised council when he originally contacted Oncor
regarding the placement of easements he understood that Oncor provides service at
the least amount of cost to them. If costs (to locate in the boxes in the rear of the
property) exceed a certain amount the developer would need to bear the additional
costs. Mr. Wood said he preferred to have the easements located in the back of the
p~operty. Mr. Wood advised council that there would be eight transformer boxes in the
subdivision. Mr. Wood advised council that a representative from Oncor contacted Mr.
Wood and advised him that Oncor would not locate the boxes to the rear of the
property and that cost was not an issue to Oncor. Mr. Wood believes that Oncor would
comply if the ordinance stipulated the location of the transformers, However, if the
ordinance does not address the location Oncor will continue to locate boxes in the front
of the property, Oncor said they prefer to service the boxes from the front as opposed
to the back yard. Mr. Wood advised council that the eight transformer boxes would not
impact them as originally thought.
Councilman Tim Welch asked if the telephone cable would be located in the back.
Mr. Wood advised council the telephone cable would be located in the rear of the
property.
Mr. Pitstick summarized item advising that the Planning and Zoning Commission voted
for approval of request. A late concern came up and staff has most recently seen a
move to put easements toward the front yard. The current subdivision ordinance states
that a 7 Y2 foot easement is required in the rear yards, but does not specifically specify
about allowing other utilities in the front yard. Staff has a work session scheduled with
the Planning and Zoning Commission to discuss these issues, Staff has traditionally
seen utilities in the rear yards. Staff understands the concerns with safety while
servicing the utilities. Mr. Pitstick and Mr. Curtis have met with the City Attorney to draft
an ordinance to address the placement of utilities within the subdivision ordinance.
Mayor Trevino asked Mr. Pitstick if it would be as simple as changing the ordinance.
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Mr, Pitstick said that staff believes it would only take a change in the ordinance, but
staff will sit down with the utility companies to see their needs of placement of utilities.
Staff has concerns of having easements located throughout different locations of the
property, as it would affect the installation of pools among others. Mr. Pitstick advised
council that the easements are exempt from the City's Tree Preservation Ordinance,
Mr, Pitstick said that Oncor has worked with other cities to put the utilities behind front
building lines,
Councilman Tolbert asked if with the approval of the plat tonight is council approving
the location of easements and not the number of boxes located for utilities.
Council gave Steve Johnson of Oncor an opportunity to address council.
Mr. Johnson advised council of Oncor's statewide policy to move transformers to the
front of the properties due to problems of transformers being hidden behind fences,
storage of equipment around or on top of the boxes. Oncor is not able to police what is
happening in property owner's back yard. Mr. Johnson said that due to these factors
they are having a problem with servicing the transformers. Oncor has reviewed moving
the transformers behind the building line, which is acceptable, but have to keep in mind
that the developer who develops the lot is not the developer of the house. Mr. Johnson
said that Oncor has no objection to landscaping around the transformers, but prefer not
to have the landscaping along the front of the transformers,
COUNCILMAN WHITSON MOVED TO APPROVE PS 2003-11. COUNCILWOMAN JOHNSON
SECONDED THE MOTION.
Motion to approve carried 7-0.
10.
PZ 2003-09 PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT
AMENDMENT TO SECTION 605C RELATING TO PERMITTED BUILDING
MATERIALS FOR REMODELING OF EXISTING NON-RESIDENTIAL BUILDINGS-
ORDINANCE NO. 2704
APPROVED
Mayor Trevino opened the public hearing.
Mr, Pitstick advised council that staff is receiving requests to remodel older retail strip
centers. This change will allow those requestors to proceed with remodeling without the
need of requesting a special use permit. The special use permit would require
additional time and monies for the process and approval. The proposed change would
exempt building renovations that do not expand the existing square footage of a non-
e residential building, may use alternatives simulated masonry systems as approved by
City Council Minutes
April 28, 2003
Page 13
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the building official without a special use permit as long as they offer improved
architectural features (outlined in architectural ordinance) and do not decrease the
percentage of masonry on the newly renovated building. Mr. Pitstick advised council
that the masonry definition (combination of bricks, ceramic block, stone decorative
concrete blocks or masonry materials installed in a craftsman like manner, building
trims and accent areas shall not exceed 15% of the exterior wall area.) would be used.
Staff is saying that any new alternative materials would be stucco fiber reinforced
cement board, reinforced ephis or simulated masonry systems as approved by the
building official. Mr. Pitstick advised council the Planing and Zoning Commission
initiated this item and unanimously recommends approval.
Mayor Trevino asked if there was anyone present who wished to speak in favor of
request to come forward. There being no one wishing to speak Mayor Trevino asked
for anyone wishing to speak in opposition. There being no one wishing to speak Mayor
Trevino closed the public hearing.
COUNCILMAN TIM WELCH MOVED TO APPROVE AMENDING SECTION 605C OF THE ZONING
ORDINANCE FOR THE ALTERNATE SIMULATED MASONRY SYSTEMS FOR NON-SPECIFIC
RESIDENTIAL BUILDING RENOVATIONS ORDINANCE No. 2704. COUNCILMAN TURNAGE
SECONDED THE MOTION.
e Motion to approve carried 7-0.
11.
GN 2003-056 APPROVE ENGINEERING AGREEMENT WITH FREESE AND
NICHOLS, INC. IN THE AMOUNT OF $43,000 TO DEVELOP A WATER SYSTEM
VULNERABILITY ASSESSMENT IN ACCORDANCE WITH EPA REQUIREMENTS-
RESOLUTION NO. 2003-045
APPROVED
Mr. Mike Curtis, Public Works Director, advised council that EPA has mandated that all
owners of water systems that serve a population of 3300 or more must complete a
vulnerability assessment of their water system. The deadline for submittal varies on
population, North Richland Hills deadline is December 31,2003. The Public Works
department did request and receive qualifications from twelve engineering and security
firms, Staff narrowed the firms to the top three - Freese and Nichols, Inc., CH2M Hill
and Malcolm Pirnie. Staff is recommending that council approve Resolution No. 2003-
045 selecting Freese and Nichols, Inc. Mr. Curtis stated that the study will include an
assessment of the system and recommended improvements.
Councilman Lyle E. Welch asked staff if the City would receive any funds from the
government.
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Mr. Curtis did not believe that funds will be available.
Councilman Lyle E. Welch asked how this project will be funded.
Mr. Curtis advised council that funding is available. in project savings, previously closed
and completed utility projects. Staff recommends awarding the contract and revising
the CIP budget.
Councilman Lyle E. Welch asked about future ramifications of this project. Councilman
Lyle E. Welch wanted to know if water rates would need to be raised in order to pay for
the project.
Mr. Curtis advised council the level of cost is associated with the level of risk that
council wants in order to protect the water system.
Councilman Tim Welch asked if EPA has defined the level of risk that most
communities must adhere to.
Ms. Hanson of Freese and Nichols addressed COl,Jncilman Tim Welch's question. EPA
has not given any recommendation on what an acceptable level of risk needed to
protect against. EPA wants communities to develop their own plan, schedule and
recommendation.
COUNCILWOMAN JOHNSON MOVED TO PASS AND APPROVE RESOLUTION No. 2003-045.
COUNCILMAN TOLBERT SECONDED THE MOTION.
Motion to approve carried 7-0.
12.
GN 2003-057 APPOINTMENTS TO WHOLESALE WATER CUSTOMER ADVISORY
COMMITTEE AND WHOLESALE WASTEWATER CUSTOMER ADVISORY
COMMITTEE
APPROVED
City Secretary Patricia Hutson advised council they needed to appoint a voting member
and alternate to both boards, term expiring September 30,2003.
MAYOR PRO TEM METTS MOVED TO APPOINT COUNCILMAN TURNAGE AS VOTING MEMBER AND
MIKE CURTIS AS ALTERNATE TO BOTH BOARDS. COUNCILWOMAN JOHNSON SECONDED THE
MOTION.
Motion to approve carried 7-0.
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Page 15
13.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
No action required. .
14.
A. CITIZENS PRESENTATION
Mr. James Kirby, 3808 Park Oaks Court, expressed his concerns for the safety of
children and citizens at Linda Spurlock Park due to the parking situation on Harmonson.
B.INFORMATION AND REPORTS
Councilwoman Johnson made the following announcements.
Don't forget to vote on Saturday, May 3 for Council Place 1, Polling locations will be
open from 7:00 a.m. - 7:00 p.m. Early votinq ends tomorrow, Tuesday April 29th. For
further information, call 817-427-6060 or log onto our web site at www.nrhtx.com
The annual Pet Walk-a-Thon will be held on Saturday, May 3rd. Residents can bring
their animals to the Animal Adoption and Rescue Center at 9am. Animals that are
seven years of age will be placed in a special drawing since they will be 50 years in
dog/cat years, which is the same age as North Richland Hills! Register at the Animal
Adoption and Rescue Center.
Join us for our annual A Lotta Niaht Music concerts at Green Valley Park on Friday,
May 9, King Creole will be performing classic rock music from 7:00-9:00 p.m. The
concert is free so bring your lawn chairs and blankets for a great evening in the park.
The Library will be hosting the MasterWorks series on Tuesday, May 13th. This free
concert will feature Café Noir, an eclectic instrumental ensemble, The concert begins at
7:00 p,m. NRH Library is located at 6720 NE Loop 820. For further information, call
817-427-6800.
Mav 10
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
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15.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:28 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
,-1
,
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 5/12/03
Subject: Public Hearing to Consider a Request from O'Reilly Auto Agenda Number: PZ 2003-04
Parts for the Approval of a Special Use Permit (SUP) for a Retail Auto Parts Store in the "LR"
Local Retail District Located at 7401 Grapevine Highway. Ordinance No. 2707
Case Summary
The applicant is combining two lots that formerly contained a fast-food business. The
existing "Beefers" building will be demolished and in it's place is proposed an O'Reilly's
Auto Parts Store. This store will replace an existing store located on Grapevine Highway
in Richland Hills. The current zoning, "LR" Local Retail permits this type of use with the
approval of a Special Use Permit (SUP).
Comprehensive Plan:
The Comprehensive Plan indicates retail uses for this area fronting Grapevine Highway.
Because the proposed use does not include anyon-site auto repair, it is considered
consistent with the Plan.
Surrounding Zoning I Land Use:
North: "LR" / Automotive-related commercial
East: City of Richland Hills / Retail
South: "C-1" / Automotive-related commercial
West: "R-2" / Residential
Plat Status:
A replat combining the two existing lots of this site is also on this agenda (ref. PS 2003-
10).
Existing Use I Site Attributes:
The site currently contains a vacant commercial building, playground, and parking area
that was last used as a fast food business.
Building Design and Materials:
· Single-story building, flat, metal roof design;
· 9,600 square feet in size (does not have to meet architectural guidelines);
· Primarily split-faced CMU construction. A small amount of EFIS is utilized along the
top of parapet wall (less than 15%);
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Account Number
Sufficient Funds AvaIlable
@
Finance Director
CITY OF
NORTH RICHLAND HILLS
· Oriented toward Grapevine Highway;
· Dumpster and A/C equipment area attached to rear of building and screened with a
masonry wall;
Access and Parking:
· Two access points provided, one from Grapevine Highway, one from Turner
Terrace;
· 39 parking spaces required by ordinance, 45 provided;
Landscaping and Screening:
· Due to the 15' ROW dedication required on Grapevine Highway, the landscape
design provides approximately 3' of the required 15' landscape setback along the
Grapevine Highway frontage. The applicant has submitted a landscape variance
request that will be forwarded to the Landscape Review Board along with this
request.
· All other requirements of the Landscape Ordinance have been met;
· Rear screening consists of a 6' masonry block wall with pre-cast cap and 2"
drainage gap along bottom;
Signage and Lighting:
· Existing "Beefers" pole sign to be removed and replaced with two monument signs
(one on Grapevine Highway, one on Turner Terrace);
· Two wall signs proposed (one on each frontage);
· All signs meet current codes;
· The site plan indicates three light standards (1000 watt, dual-fixture each) located in
the parking lot. Two of the fixtures are situated in front of the proposed building with
the remaining fixture located on the Turner Terrace side of the development. A note
on the site plan indicates that the light closest to the adjacent residential area will be
shielded or hooded.
· Two, wall-mounted exterior lights are noted on the front of the building and a third
wall-mounted light is noted over the side door entrance (Turner Terrace side).
Additional Information: Attached is a petition of support for this request submitted by
nearby business owners.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their April 17, 2003 meeting recommended
approval of PZ 2003-10 by a vote of 6-0 subject to meeting minor staff comments. The
applicant has submitted a revised Plan that complies with those comments.
Recommendation: To approve Ordinance No. 2707.
Review Schedule:
Application: 1/13/03 Final Hearing: 5/12/03 Total Review Time: 17 weeks*
* Due to the required 15' ROW dedication along Grapevine Highway and the impact of utilities on the rear of the site,
the applicant had requested a postponement of the review process for approximately 5 weeks for redesign of the site.
This included a submittal for a landscape variance to the Landscape Review Board.
CITY COUNCIL ACTION ITEM
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ORDINANCE NO. 2707
ZONING CASE PZ 2003-04
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND AMENDING ZONING OF
PROPERTY KNOWN AS LOTS lOA & 11A, BLOCK 11, NORTH RICHLAND
HILLS ADDITION, CITY OF NORTH RICHLAND HILLS, TEXAS, BY
GRANTING A SPECIFIC USE PERMIT FOR AN AUTO PARTS STORE;
PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION,
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in North Richland Hills at least 15 days before such
hearing; and,
WHEREAS, public hearings to change the zoning on the property herein described were held
before both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a recommendation
concerning the zone change; and,
WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest ofthe citizens of the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance, and the
Official Zoning Map of North Richland Hills are hereby amended by changing the
zoning on Block 11, Lots lOA and IIA, North Richland Hills Addition of the
City of North Richland Hills, Texas, and granting a specific use permit for an
auto parts store (O'Reilly) in the LR Local Retail District located at 7401
Grapevine Highway, North Richland Hills, Tarrant County, Texas, and
conforming to the requirements of the Site Plan attached hereto as Exhibit "A."
Section 2:
Any person, firm or corporation violating any provision ofthis ordinance shall be
deemed guilty of a misdemeanor and upon final conviction thereof fined in an
.
Ordin ce No. 2707
Page f 2
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amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
AND IT IS SO ORDAINED,
Passed 12th day of May, 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
.
Ord' ce No. 2707
Page of2
w:\ eneral\Ordinances-Draft\SUP & Site Plan.O'Reilly Auto Parts.2707
·
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PZ 2003-04
PUBLIC HEARING TO CONSIDER A REQUEST FROM O'REILLY AUTO
PARTS FOR THE APPROVAL OF A SPECIAL USE PERMIT (SUP) FOR A
RETAIL AUTO PARTS STORE IN THE "LR" LOCAL RETAIL DISTRICT
LOCATED AT 7401 GRAPEVINE HIGHWAY.
APPROVED
Zoning Administrator, Dave Green, summarized the case. This is an SUP for
O'Reilly Auto Parts, which is zoned "LR" Local Retail. The Zoning Ordinance
requires an SUP for auto parts retailers in this district. O'Reilly has prepared a
site plan for the Commission's review and approval. The existing building will be
demolished and removed and in it's place a new building will be constructed.
The proposed building will be single-story constructed with split-face block
material. The proposed site plan plan does meet all current regulations and
codes regarding building material and signage. Currently, there is a tall pylon
sign on this property, however, O'Reilly will remove that sign and replace it with
two monument signs. One will be located along Grapevine Highway and the
other will be located along Turner Terrace. The Landscaping Ordinance and
requires several items on a site typical to this one. The first item is the 15-ft.
landscape setback from Grapevine Highway and the second is a 15-ft. buffer
along the rear of the property with a 6-ft. masonry-screening fence. O'Reilly has
provided all of these items except for one. Due to the required 15-ft. ROW
dedication along Grapevine Highway, the location of the building has been
pushed further back. O'Reilly has provided the necessary parking requirements,
back-out lanes, and fire lanes, but is unable to provide a 15-ft. landscape buffer
along Grapevine Highway. O'Reilly has, however, provided substantial
landscaping along this frontage. This will be an issue that will need to go before
the Landscaping Review Board (City Council) for a variance. Staff would like to
point out that there is a petition of support from the neighboring businesses.
There is a memo from staff that requires some minor changes prior to this site
plan going to City Council, but staff does recommend approval, subject to the
applicant meeting those requirements.
Chairman Bowen opened the public hearing.
Ed Randall, 233 S. Patterson, Springfield, MO 65802, came forward to represent
O'Reilly Auto Parts.
Mr. Nehring asked Mr. Randall if this facility is replacing the other O'Reilly
located down the street on Grapevine Highway.
Mr. Randall stated yes.
Chairman Bowen asked Mr. Randall about the note on the site plan stating
"temporary irrigation".
·
·
·
Mr. Randall stated that the note was referring to the 15-ft. ROW, which will not
belong to O'Reilly, yet O'Reilly will have to establish the turf.
Chairman Bowen stated that if the area does not receive irrigation, the grass
would die.
Mr. Randall stated that due to the approval of the plat, the ROW was dedicated
to the City of North Richland Hills.
Chairman Bowen stated that even though the area was dedicated, it would
remain grass in the future.
Mr. Randall stated that if that is the condition that the Commission requires,
O'Reilly can expand the irrigation to permanent irrigation. However, O'Reilly
cannot place irrigation heads in the 15-ft. ROW. TXDOT will not allow it, but
O'Reilly can place irrigation heads in an area that will spray the 15-ft. ROW.
Chairman Bowen expressed his thanks and agreed that would be appropriate.
Chairman Bowen asked if anyone else would like to speak in favor or against this
case. There were none. Chairman Bowen closed the public hearing and called
for a motion.
Bill Schopper, seconded by Brenda Cole, motioned to approve PZ 2003-04
subject to the engineer's comments. The motion carried unanimously (6-
0).
·
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·
NOTICE OF PUBLIC HEARING
NORTH RICHLAND HILLS
CITY COUNCIL
CASE #: PZ 2003-04
7401 Grapevine Highway
Lots 10A and 11 A, Block 11 North Richland Hills Addition
You are receiving this notice because you are a property owner of record within
200 feet of the above property.
Purpose of Public Hearina:
O'Reilly Auto Parts is requesting a Special Use Permit (SUP) for an auto parts business
to be located on the above site. A Public Hearing to consider this request will be held at
the time and place stated below.
Public Hearina Schedule:
Public Hearing Dates:
CITY COUNCIL
MONDAY, MAY 12, 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 Deparbnent
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817)427-6300
Fax (817) 427-6303
of Richland Hills
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PZ 2003-04
7401 GRAPEVINE HWY
SUP - Q'REILL Y
Prepared by Planning 03/05/03
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CATE, HOLLIS ETUX KATHLEEN
4412 CUMMINGS DR
FORT WORTH TX
7.-8622
KALE, CLAYTON CHARLES
4404 CUMMINGS DR
NORTH RICHLAND HILLS TX
76180-8622
ATHANS, CHARLES L
1804 HAMPTON DR
BEDFORD TX
76021-2503
JIFFY LUBE INTL OF MD INC,
PO BOX 2967
HOUSTON TX
77252-2967
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4408 CUMMINGS DR
FORT WORTH TX
76180-8622
DEVILLE PARTNERSHIP,
2501 NORWOOD DR
HURST TX
76054-2735
ENGLISH, ARLENE A
4340 CUMMINGS DR
FORT WORTH TX
76180-8620
KING, RANDALL G
3209 CALlENTE CT
ARLINGTON TX
76017 -2557
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TROPICAL GREENERY INC,
7908 NE LOOP 820
FORT WORTH TX
76180-7302
ATHANS, CHARLES L
1804 HAMPTON DR
BEDFORD TX
76021-2503
HALMONT ALLER, BONNIE M
4332 CUMMINGS DR
FORT WORTH TX
76180-8620
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7339 Grapevine Hwy.
North Richland Hills, Texas 76180
817 281-8303
Esteemed commission members, citizens
and business members of our community,
.
This letter is concerning the proposed O'Reilly expansion (case #PZ 2003-04)
and rezoning at 7401 Grapevine Hwy (lots 10A and 11A). Having been at the
same location on Grapevine Hwy. for 15 years, on behalf of myself and our
company, Transmission Masters, I would like to express our full approval to the
proposal. Attached is a petition with many signatures from businesses that also
give their approval for this proposal.
Anyone interested in improving the South Grapevine Hwy. corridor should
applaud this move. Anyone opposing this proposal, obviously does not realize
how much it would benefit the area in business and in private sector of North
Richland Hills.
We have done business for several years with O'Reilly Auto Parts and find
their conduct to be a mirror example that all businesses should follow.
I regret I have a prior engagement that prevents me from attending this very
important meeting personally. If I can be of any further assistance feel free to
contact me at (817) 281-8303.
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Randy KJ 9 - President
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Grapevine Hwy. Businesses in favor of proposed O'Reilly expansion at 7401
Grapevine Hwy.
Case # PZ2003-04 ,:
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Name
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CITY OF
NORTH RICHLAND HILLS
Department: PlanninÇJ & Inspections Department
Council Meeting Date: 5/12/03
Subject: Public HearinQ to Consider a ReQuest from Hi Lo Auto Agenda Number: LRB 2003-01
Parts L.P. for Approval of a Variance from Ordinance No. 2473 Landscape Regulations at
7401 Grapevine Highway.
Case Summary
The applicant is proposing to remove the existing, vacant, commercial structure at 7401
Grapevine Highway and replace it with a 9,600 square foot O'Reilly's Auto Parts store. The
applicant is also replatting the site in order to combine the two existing lots into one. As a
requirement of the replatting process the applicant is dedicating an additional 15' of ROW
along Grapevine Highway to meet future expansion requirements (130' ultimate buildout).
Expansion of Grapevine Highway, however, will not likely occur for 10-15 years.
The Landscape Ordinance requires a 15' landscape setback along both the Turner Terrace
and Grapevine Highway frontages. The submitted landscape plan provides the required
setback and landscaping on Turner Terrace. However, because of the 15' ROW dedication
along Grapevine Highway the applicant cannot provide the entire 15' of landscaping without
sacrificing either the required Fire Lanes or at least one row of parking spaces. To delete the
proposed row of parking would leave the site without adequate parking spaces to meet city
code. To move the building further to the rear of the lot would encounter problems with the
location of existing utilities and a rear building setback of 35' (required when adjacent
residential zoning).
In lieu a 15' setback on Grapevine Highway the applicant is, instead, providing a 3' width
(approximate) of landscaping. Within this 3' the applicant is proposing to meet all of the tree
and shrub requirements of the Landscape Ordinance. Overall the proposed plan meets and
in most cases exceeds the minimum requirements of the Landscape Ordinance.
Because this project represents a redevelopment effort in the South Grapevine Highway
Corridor, the manner in which this property is redeveloped will set the tone for future projects
that are likely to encounter the same issues created by the Grapevine Highway ROW
dedication. Staff supports the variance request because of the hardships involving ROWand
utilities with this site and because the applicant is showing a concerted effort to meet the
intent of the Landscape Ordinance despite obstacles that prevent a literal compliance. Staff
would, however, recommend that the Plan clearly indicate that the area noted for ROW
Finance Review
Source of Funds:
Bo v.)
Operating Budg t
Other
Account Number
Sufficient Funds Available
¿¡;1{.,~!
City Manager Sign
LRB 2003-01 Hi Lo Auto Parts
Page I of 2
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CITY OF
NORTH RICHLAND HILLS
dedication be sodded and an irrigation system provided that is acceptable to TXDOT.
Variance ReQuested by this Plan
· A variance from the 15' landscape setback (on the applicant's property) required along
the Grapevine Highway frontage in lieu of that provided by the attached plan
(approximately 3').
If Council determines that this landscape plan is acceptable, the following motion is
recommended: Approval of LRB 2003-01.
Review Schedule:
Application: 4/4/03
Final Hearing: 5/12/03
Total Review Time: 5 weeks, 3 days
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 5/12/03
Subject: Consideration of a Request from Charles Athans for the
Approval of the Final Plat of Lot 10AR, Block 11
(approximately 1.05 acres)
Agenda Number: PS 2003-10
North Richland Hills Addition
Case Summary: The applicant is combining two lots that formerly contained a fast-food
business. The existing building will be demolished and in it's place an O'Reilly's Auto Parts
Store is proposed. The proposed parts store requires approval of a Special Use Permit (SUP).
The SUP request is also on this agenda (ref. PZ 2003-04).
Thoroughfare Plan: The site is located at the corner of Grapevine Highway (6-lane, divided,
principal arterial, 130' ROW) and Turner Terrace (local street). An additional 15' of ROW has
been dedicated by this plat for Grapevine Highway.
Comprehensive Plan: The Comprehensive Plan indicates retail uses for this site.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with both the Zoning and Subdivision Ordinances. All staff
concerns with this plat have been addressed (see attached memo from the Public Works
Department).
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on April 17, 2003, recommended
approval of PS 2003-10 by a vote of 6-0 subject to meeting staffs comments. The applicant
has revised the submittal to satisfy all of staffs comments.
Recommendation:
To Approve PS 2003-10 the Final Plat of Lot 10 AR, Block 1, North Richland Hills
Addition.
Review Schedule:
Application: 2/10/03
Final Hearing: 5/12/03
Total Review Time: 13 weeks
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Account Number
Sufficient Funds AvaIlable
~
Finance Director
NI~H
CITY OF NORTH RJCHLA1\[Ð HILLS
Public Works / Administration
.
May 1, 2003
MEMO TO: Donna Jackson, Planner
FROM: Lance J. Barton, P. E., Public Works Assistant Director
SUBJECT: NORTH RICHLAND HILLS ADDITION, BLK 11, LOT 10AR
Final Plat, PS2003-10
Public Works has reviewed the final plat submitted to this office on May 1, 2003. All of
Public Works' requirements have been met and we recommend its placement on the
next City Council meeting agenda.
· ¿-£:!É
Public Works Assistant Director
J RUgs/pwm2003-098
cc: Mike Curtis, P.E., Public Works Director
.
P.O Box 820609 "" North Richland Hills. Texas 76182-0609
7301 Northeast Loop 820 "" (817) 427-6400 "" Fax (817) 427-6404
·
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PS 2003-10
CONSIDERATION OF A REQUEST FROM CHARLES ATHANS FOR THE
APPROVAL OF THE FINAL PLAT OF LOT 10AR, BLOCK 11 NORTH
RICHLAND HILLS ADDITION LOCATED AT 7401 GRAPEVINE HIGHWAY
(APPROXIMATELY 1.05 ACRES).
APPROVED
Zoning Administrator, Dave Green, summarized the case. O'Reilly Auto Parts is
looking for a new location on Grapevine Highway, located on the corner of Turner
Terrace and Grapevine Highway. This site was originally a Burger King and
before that a Beefers. The site is currently vacant. The applicant would like to
combine the two lots into one single lot for the purpose of redevelopment. A
memo from Public Works comments on some minor revisions. These revisions
are as follows; 1) label the point of beginning on the plat drawing 2) Correct the
minor items noted on the red-line of the plat. Staff recommends approval.
Chairman Bowen asked if there were any questions or discussion. There were
none and the Chairman called for a motion.
Bill Schopper, seconded by James Laubacher, motioned to approve PS
2003-10 subject to the engineer's comments. The motion carried
unanimously (6-0).
Mr. Lewis commented that he was happy to see redevelopment in that area and
sees it as a revitalization.
/ ~
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CITY OF
NORTH RICHLAND HILLS
epartment: Administration
Council Meeting Date: May 12. 2003
Subject: Naminq of Two Neiqhborhood Parks - Foster Villaqe Agenda Number: GN 2003-061
Elementary and Snow Heights Elementary - Resolution No 2003-049
On March 24, 2003, the Facilities Naming Board met to consider names for parks located
in the Brandonwood Subdivision and the Foster Village and Snow Heights Elementary
School sites. The Board discussed a number of issues and recommended the
Brandonwood facility be named "Founders Park". The Council has since taken action on
the recommendation. The Board also recommended names for the Foster Village and
Snow Heights sites. The name recommended for Foster Village Elementary is "Legacy
Park". The name recommended for Snow Heights Elementary is "Clyde Zellars Park".
These names have been sent to B.I.S.D. and Mr. Cunningham has discussed this matter
with Dr. Waddell, Superintendent of B.I.S.D. Dr. Waddell has advised the City to proceed
with taking action on the names of the two elementary school parks and the School Board
will take action later in May.
In addition to this naming action, the Facilities Naming Board has also asked staff to come
up with recommendations for honoring people in both Founders' Park and Legacy Park.
Attached is a draft version of that policy, which continue to be worked on and improved.
As you may recall, Clyde Zellars was the Mayor of North Richland Hills from 1960 to 1961.
He served on the City Council one year, prior to serving as Mayor. Mr. Zellars is still living
and resides in the Snow Heights area where he regularly walks the neighborhood. Mr.
Zellars was holding the office of Mayor when the first police and fire departments in North
Richland Hills were established. While Mayor, he appointed the first citizens' committee to
work on drainage issues. He has also served on the Library Board.
Recommendation: To name the park site at Foster Village Elementary "Legacy Park"
and to name the park site at Snow Heights Elementary "Clyde Zellars Park".
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
Finance Director
P~nF> 1 nf 1
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Resolution No. 2003-049
Whereas, the Public Facility Naming Board met and reviewed park names for two
neighborhood park sites; and
Whereas, the recommendations of the Public Facility Naming Board were
forwarded to the Park and Recreation Board for their review; and
Whereas, the Public Facility Naming Board does unanimously recommend the
following names:
Foster Village Elementary park site be named Leqacy Park
Snow Heights Elementary park site be named Clyde Zellars Park
and
Whereas, the City Council concurs with the recommendations.
NOW THEREFORE, BE IT RESOLVED that City Council approves the
recommendations of the Public Facility Naming Board.
PASSED BY THE CITY COUNCIL this 12th day of May 2003.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
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Legacy Park Naming Criteria
øflll1
Legacy: something that is a part of your history or which stays from an earlier
time
The person whose name is proposed for such honorary naming shall have resided in
the City of North Richland Hills at least five continuous or non-continuous years during
his/her lifetime.
Individuals will be considered for honorary naming at Legacy Park who have:
· Left a legacy as a part of their service to the City; and
· Served the City or community in an exceptional manner;
· Served the State or Nation in an exceptional manner and who have an association
with the City;
· Served the State or Nation in an exceptional or distinguished manner where the
contribution is of such major significance that a local association wanes in
importance; or
· Made important donations of land, funds or materials, equipment and/or facilities to
the City
Other criteria that may be considered are philanthropic activities, the individual's
personal accomplishments and achievements, and service to his/her profession
Options for honoring those who have left a legacy in our community at Legacy Park
include plaques, a wall of honor, and a walk of honor (sidewalk), or naming
buildings/facilities at the park after persons who have left legacies.
Mayor Clyde Zellers Biography:
Clyde Zellers was born in Weatherford, Texas, attended high school there, then
attended Texas University, Texas Christian University, and Brite Seminary. Mr. Zellers,
with his family, moved to North Richland Hills in 1954. After moving to NRH, Mr. Zellers
soon became involved in his community's affairs. He served on the NRH Zoning
Commission; then was elected to the City Council in 1959, became mayor pro tem in
1960, then was elected mayor in a special election in August 1960, serving in this office
until the 1961 election. During this time of Zeller's leadership, the first Police
Department was established, the first police chief was hired, and the first fire
department was organized. The police force was made up of 6 men, 2 patrol cars, and
the municipal court. Early in 1961, Mr. Zellers appointed a 26 member Citizen's
Committee to study and educate citizens for permanent drainage problems. Mr. Zellers
has also served on the NRH Library Board.
~
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 5-12-2003
Subject: Approve Resolution Providinq Assurances on the Fundinq Agenda Number: GN 2003-062
Of Requirements of the Enforcement Response Plan Required
By the Texas Commission on Environmental Quality-
Resolution No. 2003-048
The City of Fort Worth Wastewater Treatment Plant has been issued a revised discharge
permit by the Texas Commission on Environmental Quality (TCEQ), formerly the TNRCC.
The TCEQ has required Fort Worth as part of the revised discharge permit to have all of
the wholesale customers submit several items which address the Industrial Wastewater
Pretreatment Program. The City of North Richland Hills only needs to provide the
following 3 items, to meet these requirement~.
1. City Resolution establishing intent to fund the required wastewater pretreatment
program/Enforcement Response Plan from user fees on industrial customers (this
Council item).
2. Ordinance revising the Industrial Wastewater Ordinance to establish an
Enforcement Response Plan which will consist of some definition changes and
permitting procedures (next Council item).
3. Attorney Statement
The City has had an Industrial Wastewater Pretreatment Program since 1991. This
resolution does not change that program, but provides a document from the City which
fulfills a TCEQ requirement of Fort Worth, the regional provider. All wholesale customers
have been requested to provide the same resolution.
The City Attorney has reviewed the resolution.
Recommendation: To approve Resolution No. 2003-048.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Ävallable
CU1(VJJ
Finance Director
Department Head Signature
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RESOLUTION NO. 2003-048
A RESOLUTION PROVIDING ASSURANCES ON THE FUNDING OF
REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN REQUIRED
BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.
WHEREAS, the Texas Commission on Environmental Quality has mandated certain changes
to Industrial Waste Regulations and, pursuant to 40 C,F.R. 408, requires that
assurances be provided concerning the funding of requirements of the
Enforcement Response Plan which is required by such regulations; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
The City of North Richland Hills proposes to finance the additional costs for the
Enforcement Response Plan for its Industrial Waste Ordinance Pennit
Administration and Enforcement regulations by charging the regulated
industries in accordance with the amount of work required to monitor each
industrial group. Charges for these services will be developed for inclusion in
the rate ordinance now in preparation. The existing industrial charge system
will be used, with appropriate modifications, to recover the additional costs.
AND IT IS SO RESOLVED.
PASSED on the 12th day of May, 2003.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
·on No. 2003-048
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eneral\Resolutions\Enforcement Response Plan Funding.TCEQ.2003-048
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APPROVED AS TO CONTENT:
Department Head
'on No. 2003-048
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 5-12-2003
Subject: Adopt a Revised Industrial Wastewater Ordinance -
Ordinance No. 2706
GN2003-063
Agenda Number:
The City has had an Industrial Wastewater Pretreatment Program since 1991. The main purpose
of the pretreatment program and requiring certain industries to "pretreat" their wastewater is to
control the quality of the treated wastewater exiting the treatment plant by controlling the "quality"
of the wastewater entering the plant. The current Industrial Wastewater Ordinance (Ordinance No.
2687) has been revised in the past to reflect several changes in federal regulations. Since the City
of North Richland Hills is a wholesale customer of the Trinity River Authority (TRA) and the City of
Fort Worth we have also had to make changes to our Industrial Wastewater Ordinance to meet
their minimum standards and requirements.
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The ordinance was revised on February 5, 2003 to meet minimum standards required for TRA.
Now, the Texas Commission on Environmental Quality (TCEQ), formerly the TNRCC, has recently
completed its inspection of the Fort Worth wastewater system. TCEQ is now requiring more
stringent control over the quality of wastewater being discharged by Fort Worth. TCEQ is requiring
Fort Worth (and all of their customer cities) to revise their Industrial Wastewater Ordinance to
reflect the new, more stringent, requirements and to maintain compliance with the new State and
Federal guidelines. Since the City of North Richland Hills is a customer city of Fort Worth we have
no option except to revise our Industrial Wastewater Ordinance as mandated by the TCEQ.
The proposed revisions to the Industrial Wastewater Ordinance are relatively minor, but do involve
changes to several pages to the original ordinance. Because of the number of pages involved in
the changes, the City Attorney recommends repealing the existing ordinance and adopting a new
ordinance with the changes.
Most of the revisions to the ordinance consist of "definition" changes (Le., new terms being
introduced, previous terms being modified). There were also changes in some of the permitting
and reporting procedures. Attachment "A" is a summary of the "key" revisions.
Although the City's Industrial Wastewater Ordinance impacts many businesses and restaurants
located in the City, there are only 2 businesses that are considered "industrial" in nature and could
be impacted by the "changes in the allowable concentration of metals". However, Public Works
staff has reviewed the lab reports over the past few years from these 2 businesses and see no
indication of the new changes even impacting these businesses.
Recommendation: To repeal Ordinance No. 2687 and adopt Ordinance No. 2706.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Ävallaole
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n1 :'te C, -T;d'
Department Head Signature
Budget Director
Page 1 of _
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ATTACHMENT "A"
The following terms were either added or the current definition was revised.
· Chemical Oxygen Demand (COD)
· Combined Wastestream Formula (CWF)
· TPDES Permit
"Prohibited Discharges" were revised to include surface water.
The section listing the "Prohibited Wastewater Constituents" was expanded to include
medical waste, detergents and pollutants which result in the presence of toxic gases.
The 'Wastewater Discharge Permit Requirements" were expanded to reference
requirements established in CFR403. ~
Minor changes were also made in the "Reporting Requirements for Discharges" and the
"Inspections and Flow Measurement" sections.
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City of
North Richland Hills, Texas
Industrial Wastewater
Ordinance No. 2706
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(Approved by Council 5/12/2003)
Public Works Department
7301 N.E. Loop 820
North Rich/and Hills, Texas 76180
(817) 427-6400
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TABLE OF CONTENTS
. SECTION I - DEFINITIONS....................... .................. ............... ..,............. .......... ...... 1
SECTION II - PURPOSE AND POLICY ..................................................................... 9
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SECTION III - DISCHARGE PROHIBITIONS AND LIMITATIONS.......................... 10
A. DISCHARGES TO STORM DRAINS AND WATERCOURSES ..................10
B. PROHI BITED DiSCHARGES............................................ .......................... 10
C. PROHIBITED SEWER CONNECTIONS .................................................... 10
D. PROHIBITED WASTEWATER CONSTITUENTS ...................................... 11
Temperature................................................................................................ 11
Solidifying Substance.................................................................................. 11
Explosive..................................................................................................... 11
Obstruction ....... .... ... ..... ..... ... ............................ ........ ...... ............. ................ 11
Garbage...................................................................................................... 11
Gases <......................................................................................................... 11
Sludge......................................................................................................... 11
N PDES ........................................................................................................ 12
Objectionable Color..................................................................................... 12
Slug load ...................................................................................................... 12
H aza rd to h u ma n life ................................................................................... 12
Toxicity Test................................................................................................ 12
Swimming Pool............................................................................................ 12
Detergents................................................................................................... 12
Medical Waste............................................................................................. 12
Pollutants..................................................................................................... 12
E. WASTEWATER LIMITATIONS ................... .............................. ...... ............ 12
Fats, oils, and greases................................................................................ 12
Acids or alkalies .......................................................................................... 13
Metals.......................................................................................................... 13
Cyanide....................................................................................................... 13
Gases.................................. ........................................................................ 13
Radioactive............................................................................................. ..... 13
T oxics ..................................................................................................... ..... 13
Temperature................................................................................................ 13
Categorical.................................................................................................. 14
Explosive......................................... ............................................................ 14
F. ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN................................ 14
SECTION IV -SPECIAL RULES RELATING TO INDUSTRIAL DiSCHARGERS.... 14
A. COMPLIANCE WITH STANDARDS ........................................................... 14
Applicable Laws....................................................................,..................... 14
Dilution ........................................................................................................ 14
Mass Limitations.......................................................................................... 14
B. ACCIDENTAL DiSCHARGES.......... ............................................. ...... .......... 15
C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS ......... 16
D. PROHI BITION OF ByPASS............... ...................................................... ..... 16
Bypass......................................................................................................... 16
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E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES ......................... 16
SECTION V - ADMINISTRATION BY PERMIT........................................................ 17
A. CLASSIFICATION OF DISCHARGERS AND PERMITS .............................. 17
B. PERMIT CONDITIONS................................................ ................................. 19
C. REPORTING REQUIREMENTS FOR DISCHARGERS ...............................21
D. INSPECTION AND FLOW MEASUREMENT................................................ 25
Inspection.................................................................................................... 25
Measurement of Flow.................................................................................. 27
E. PERMIT MODIFiCATIONS............................................................... ..... ........ 27
F. CONFIDENTIAL INFORMATION ............................................. ........ ............. 28
G. WASTEWATER DISCHARGE PERMIT REISSUANCE ................................ 29
SECTION VI - ENFORCEMENT ....... ......... ................................................ .............. 29
A. REVOCATION OF PERMIT ... ..... .................................................... .............. 29
B. NOTIFICATION OF VIOLATION ................................................................... 30
C. ADMINI~TRA TIVE ORDERS ........ .,................................................. ............. 30
D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING................................... 31
E. JUDICIAL PROCEEDINGS...... .... .......... ............ .................. ......................... 31
F. EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS...... 31
G. OPERATING UPSETS......... ......... ......... ............. ........ ............ ......... ..... ........ 32
H. RECOVERY OF COSTS INCURRED BY THE AUTHORITY........................ 33
I. FALSI FYI NG INFORMATION............... .......................................................... 33
J. POTW PRETREATMENT REQUIREMENTS ................................................. 33
SECTION VII - MISCELLANEOUS ..... .... ............. .................................................... 33
A. NET/GROSS CALCULATIONS ... ............. ............... ........ ......... ..................... 33
B. PRESERVATION OF RECORDS. .... ........ ..................................................... 34
C. COSTS OF ADMINISTERING PROGRAM ...................................................34
D. RIGHT OF REVISION ... .... ....... .... ...... ....... ...................... ... ..... ........ .... .......... 34
E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS ............................. 34
SECTION VIII - CUMULATIVE CLAUSE ....... ...... ........ ............................................ 34
SECTION IX - REMEDIES ........... ....... ................. ........... ........... ... ................ ........... 35
SECTION X - SEVERABILITY CLAUSE....... ......... ....... ................... ........... ............. 35
SECTION XI - FINES................................................ ............................................... 35
SECTION XII- EFFECTIVE DATE...........................................................................35
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ORDINANCE NO. 2706
·AN ORDINANCE REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE
INTO THE NORTH RICHLAND HILLS SANITARY SEWER SYSTEM;
AUTHORIZING THE DIRECTOR OF THE NORTH RICH LAND HILLS PUBLIC
WORKS DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO
SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ORDINANCE
NO. 2687 AND ALL ORDINANCES AND PROVISIONS OF THE NORTH
RICHLAND HILLS CITY CODE IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; ENGROSSING AND ENROLLING
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS~
SECTION I - DEFINITIONS
When used in this Ordinance, these terms shall be defined as follows:
Abnormal Sewage: Any industrial waste discharged into the Authority's sanitary sewer
which, when analyzed, shows by weight a Total Suspended Solids (TSS) concentration
greater than 240 mg/L or a Biochemical Oxygen Demand (BOD) concentration greater
than 210 mg/L. In addition, the Authority may judge independently a waste's suitability
for discharge to the POTW that requires additional treatment, based upon BOD, TSS or
other characteristics, as abnormal. Any waste in this classification must be made
acceptable for discharge into the POTW as defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval Authority: The Regional Administrator of the EPA, or the Director of a state
agency delegated to act on EPA's behalf with an approved pretreatment program (e.g.
Director of Texas Commission on Environmental Quality (TCEQ».
Authority: The City of North Richland Hills, Texas.
Authorized Representative: Authorized representatives (Authorized Signatories) for
wastewater discharge permit applications and for reports submitted under Section V, of
this ordinance are:
A.
A responsible corporate officer, if the discharger submitting the application or
report is a corporation. This includes the president, vice-president, secretary or
treasurer of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions for the
corporation.
Industrial Wastewater Ordinance No. 2706
Page 1 of 40
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B.
The manager of one or more manufacturing, production or operation facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
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C. For a partnership or sole proprietorship, a general partner of the proprietor,
respectively.
D. The principal executive officer or director having responsibility for the overall
operation of the facility if the discharger is a federal, state or local governmental
entity, or their agents.
E. A duly authorized representative of the individual designated in A, B, C or D
above if: a) the authorization is made in writing by the individual described above
in A, B, C, or D, b) the authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from which the
discharge originates (such as a plant manager), or a position of equivalent
responsibility, or having overall responsibility for environmental matters for the
company, and c) the written authorization is submitted to the City. If an
authorization is no longer accurate because a different individual or position has
responsibility, a new authorization must be submitted to the City prior to or
together with any reports signed by an authorized representative.
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Biochemical Oxygen Demand (B.O.D.): The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five
days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in
terms of milligrams per liter.
Bypass: The intentional diversion of waste streams or wastewater from any portion of
a discharger's wastewater treatment equipment or pretreatment facility.
Categorical Pretreatment Standards: Limitations on pollutant discharges to POTWs
promulgated by EPA in accordance with Section 307 of the Clean Water Act, that apply
to specified process wastewaters of particular industrial categories [40 CFR 403.6 and
Parts 405-471].
CFR: Code of Federal Regulations.
City: City of North Richland Hills, Texas.
Chemical Oxygen Demand (COD): A measure of the oxygen consuming capacity of
inorganic matter present in the water or wastewater expressed in mg/L as determined
by the amount of oxidant consumed from a chemical reflux. Such term does not,
however, differentiate between stable and unstable organic matter, and therefore does
not necessarily correlate with biochemical oxygen demand.
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Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.6 (e) for
calculating fixed alternative discharge limits at industrial facilities applicable when
Industrial Wastewater Ordinance No. 2706
Page 2 of 40
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regulated process wastewater, subject to a categorical pretreatment standard, is mixed
with non-regulated wastewaters prior to treatment.
Composite Sample: A mixture of grab samples collected at the same sample point at
different times and composed of not less than four samples. The series of samples
may be collected on a time or flow proportional basis.
A. Time Proportional Composite Sample - A sampling method which combines
discrete samples of constant volume collected at constant time intervals (e.g.,
200 milliliter samples collected every half hour for a 24-hour period).
B. Flow Proportional Composite Sample - A sampling method which combines
discrete samples collected over time, based on the flow of the waste stream
being sampled. There are two methods used to collect this type of sample. One
method collects a constant sample volume at time intervals which vary based on
the stream flow [e.g., 200 milliliters of sample collected for every 5,000 gallons
discharg.ed). The other method collects samples of varying volume, based on
stream flow, at constant time intervals.
Control Authority: Trinity River Authority of Texas and/or City of Fort Worth, Texas as
holders of the respective National Pollutant Discharge Elimination System (NPDES)
permits.
Cooling Water: The water discharged from any system of condensation such as air
conditioning, cooling, refrigeration or water used as a coolant in cooling towers where
the only pollutant is thermal.
Director: The Director of Public Works of the City of North Richland Hills, or his
authorized representative.
Discharger: Any user discharging an effluent into a POTW by means of pipes,
conduits, pumping stations, force mains, constructed drainage ditches, surface water
intercepting ditches, intercepting ditches, and all constructed devices and appliances
appurtenant thereto. The term includes owners and occupants of such premises.
EPA: Environmental Protection Agency of the federal government.
Existing Source: Any source of discharge, the construction or operation of which
commenced prior to the publication by the EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
Garbage: Solid waste from domestic or commercial preparation, cooking or dispensing
of food or from the handling, storage, and sale of produce.
gpd: gallons per day
Industrial Wastewater Ordinance No. 2706
Page 3 of 40
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Grab Sample: A sample which is taken from a waste stream on a one time basis with
no regard to the flow of the waste stream and without consideration of time. The
sample is collected over a period of time not exceeding 15 minutes.
Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development, recovery or
processing of natural resources.
Industrial User or User: a source of Indirect Discharge.
Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of
a pollutant allowed to be discharged at any time, determined from the analysis of any
discrete or composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Inteñerence: A discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and
B.
Therefore is a cause of a violation of any requirement of the POTWs NPDES
permit (including an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more
stringent state or local regulations): Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to
as the Resource Conservation and Recovery Act (RCRA), and including state
regulations contained in any state sludge management plan prepared pursuant
to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act.
May: Is permissive.
Maximum Daily Average: The maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a daily composite sample. When
wastewaters are collected and stored for more than a day prior to discharge, such as
batch discharges, a laboratory test of a grab sample of the stored wastewater may be
used to determine the maximum daily average concentration.
Maximum Grab: The maximum concentration of a substance allowed in a discharge as
determined from a laboratory test of a grab sample.
mg/L: Milligram per liter.
New Source: Any building, structure, facility or installation from which there is or may
be a discharge of pollutants, the construction of which commenced after the publication
of proposed Pretreatment Standards under section 307(c) of the Act which will be
Industrial Wastewater Ordinance No. 2706
Page 4 of 40
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applicable to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
.
A.
The building, structure, faciHty or installation is constructed at a site at which no
other source is located; or
B. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
C. The production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
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D. Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility or installation meeting the criteria of B or C above but
otherwise alters, replaces, or adds to existing process or production equipment.
E. Construction of a new source as defined under this paragraph has commenced if
the owner or operator has;
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1.
Begun, or caused to begin as part of a continuous onsite construction
program;
a. Any placement, assembly, or installation of facilities or equipment;
or
b. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities
or equipment which is intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
Noncontact Cooling Water: Water used for cooling which does not come into direct
contact with raw materials, intermediate product, waste product, or finished product.
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NPDES: National Pollutant Discharge Elimination System permit program of the
Environmental Protection Agency, and/or the program of the state agency delegated to
act on EPA's behalf with an approved pretreatment program (e.g. TPDES or Texas
Pollutant Discharge Elimination System).
Industrial Wastewater Ordinance No. 2706
Page 5 of 40
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o and M (or O&M): Operation and Maintenance.
Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, and all other substances except sewage and industrial wastes.
Owner or Occupant: The person, firm, or public or private corporation, using the lot,
parcel of land, building or premises connected to and discharging sewage, industrial
wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is
legally responsible for the payment of, water rates or charges made against the said lot,
parcel of land, building or premises, if connected to the water distribution system of the
City, or who would payor be legally responsible for such payment if so connected.
Pass Through: The discharge of pollutants through the POTW into waters of the
United States in quantities or concentrations which are a cause of or significantly
contribute to a violation of any requirement of the POTWs NPDES permit.
Permit: Wastewater Discharge Permit, issued to non-domestic dischargers of industrial
waste into the sanitary sewerage system of the POTW.
Person: Any individual, business entity, partnership, corporation, governmental agency,
political subdivision, or any agent or employee thereof.
pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in
grams per liter of solution.
Pollutant: Dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
POTW (Publicly Owned Treatment Works): Any sewage treatment plant owned and
operated by an entity (i.e. the Control Authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the Authority and/or Control
Authority that convey wastewater to the sewage treatment plant. This definition includes
any devices and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial waste of a liquid nature.
Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing such pollutants into the
sanitary sewer.
Pretreatment Requirements: Any substantive or procedural requirement related to
pretreatment, other than a Pretreatment Standard, imposed on an industrial user.
Pretreatment Standard: The term "Pretreatment Standard," or "Standard" means
prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical
pretreatment standards, and local limits.
Industrial Wastewater Ordinance No. 2706
Page 6 of 40
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Public Works Utility Superintendent (or Superintendent): Public Works Utility
Superintendent of the City of North Richland Hills, or his authorized representative.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport
industrial waste and domestic sewage to the POTW.
Severe Property Damage: Substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can be reasonably expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
Sewage: Water-carried human wastes or a combination of water-carried wastes from
residences, business buildings, institutions and industrial establishments, together with
such ground, surface, storm or other waters as may be present.
Shall: Is mandatory.
Significant Change: An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application, or the
deletion or addition of any pollutant regulated by the Authority or by a categorical
standard. Volumes are those measured by the water service meter, a verifiable
estimate, or a permanently installed effluent flow meter approved by the Authority.
Significant Industrial User (SIU): All industrial users subject to categorical
pretreatment standards and any other industrial user that: discharges an average of
25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary,
noncontact cooling or boiler blowdown wastewater); contributes a process waste stream
which makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of a POTW; or is designated as such by the Authority on the basis that the
industrial user has a reasonable potential for adversely affecting a POTWs operation or
for violating any pretreatment standard or requirement. Upon a finding that a
noncategorical industrial user meeting the criteria for a significant industrial user has no
reasonable potential for adversely affecting a POTWs operation or for violating any
pretreatment standard or requirement, the Authority may at any time on its own initiative
or in response to a petition received from a noncategorical industrial user, determine
such user is not a significant industrial user.
Slug or Slug load: Any discharge of a non-routine, episodic nature, including but is not
limited to an accidental spill or a non-customary batch discharge.
Standard Industrial Classification (SIC) Code: A classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
Standard Methods: "Standard Methods for the Examination of Water and
Wastewater", a publication prepared and published jointly by the American Public
Health Association, American Waterworks Association and the Water Pollution Control
Federation, as it may be amended from time to time.
Industrial Wastewater Ordinance No. 2706
Page 7 of 40
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Storm Water: Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation including snowmelt.
Total Suspended Solids (TSS): Solids that either float on the surface of, or in
suspension in, water, sewage or other liquid and which are removable by laboratory
filtering.
Total Toxic Organics: The sum of masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in
industrial users' discharges at a concentration greater than 0.01 mg/L. Only those
parameters reasonably suspected to be present, to be determined by the City, if any,
shall be analyzed for with non-categorical industries. With Categorical industries, TTO's
will be sampled for as stipulated in the particular category or those parameters
reasonably suspected to be present, to be determined by the City, where not stipulated.
TPDES: Permit issued by the State under authority delegated pursuant to 33 USC
1342(b) that authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group or general area-wide basis.
Unpolluted Water or Waste: Any water or liquid waste containing none of the
following: phenols or other substances to an extent imparting taste and odor in
receiving waters; toxic or poisonous substances in suspension, colloidal state or
solution; noxious or odorous gases; more than ten thousand (10,000) parts per million,
by weight, of dissolved solids, of which not more than twenty-five hundred (2500) parts
per million are chloride; not more than ten (10) parts per million each of TSS and
B.O.D.; color not exceeding fifty (50) color units; nor pH value of less than 5.5 nor
higher than 11.0 and any water or waste approved for discharge into a stream or
waterway by the appropriate state authority.
Upset: An exceptional incident in which a discharger unintentionally and temporarily is
in a state of noncompliance with the standards established in this ordinance, due to
factors beyond the reasonable control of the discharger and excluding noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation thereof.
U.S.C: United States Code
V.A.C.S.: Vernon's Annotated Civil Statutes of the State of Texas.
Wastewater: Liquid and water-carried industrial waste and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
Industrial Wastewater Ordinance No. 2706
Page 8 of 40
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SECTION II - PURPOSE AND POLICY
This ordinance provides for prohibitions on discharges of certain substances into the
public sewer system of the City from all sources, domestic, commercial, or industrial. A
further purpose of this ordinance is to set forth uniform requirements for industrial
dischargers into the Authority's wastewater collection and treatment systems, and to
enable the Authority to protect the general public's health and POTW personnel in
conformance with all applicable state and federal laws relating thereto. Parts of this
ordinance are enacted pursuant to regulations established by the U.S. Environmental
Protection Agency (EPA). All applicable State and Federal laws, including the Clean
Water Act (33 United States Code 1251 et seq.) and as set forth in 40 CFR Part 403.
All categorical pretreatment standards, lists of toxic pollutants, industrial categories and
other standards and categories which have been or which will be promulgated by the
EPA shall be incorporated as a part of this ordinance, as will EPA regulations regarding
sewage pretreatment established pursuant to the Act, and amendment of this ordinance
to incorporate such changes shall not be necessary. The Authority shall maintain
current standards and regulations which shall be available for inspection and copying.
The objectives of this ordinance are:
A.
To prevent the introduction of pollutants into the Authority wastewater system
which will interfere with the normal operation of the system, including
interference with the use or disposal of sludge, or contaminate the resulting
sludge;
B. To prevent the introduction of pollutants into the Authority wastewater system
which do not receive adequate treatment in the POTW, and which will pass
through the system into receiving waters or the atmosphere or which are
otherwise incompatible with the system; and
C. To improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges.
D. To provide for the fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW.
E. To enable the City to comply with its NPDES permit conditions, sludge and
disposal requirements, and any other Federal and State laws to which the
POTW is subject.
The regulation of discharges into the Authority's wastewater system under this
ordinance shall be accomplished through the issuance of permits, as specified in
Section V herein, and by monitoring and inspection of facilities, according to this
ordinance.
The Director shall have the authority to promulgate such administrative regulations as
are from time to time necessary for the enforcement of this ordinance.
Industrial Wastewater Ordinance No. 2706
Page 9 of 40
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.
.
A.
SECTION III - DISCHARGE PROHIBITIONS AND LIMITATIONS
DISCHARGES TO STORM DRAINS AND WATERCOURSES
It shall be unlawful for any person to discharge or cause to be discharged any
wastewater into any storm drain or watercourse within the City, except for those
persons with approved permits for such discharges.
B. PROHIBITED DISCHARGES
No person shall discharge or cause to be discharged any storm water, surface
water, ground water, artesian well water, roof runoff, subsurface drainage,
condensate, deionized water, noncontact cooling water, and unpolluted
wastewater or drainage from downspouts, yard drains, yard fountains and ponds,
or lawn sprays into any sanitary sewer. Water from unpolluted industrial water or
cooling water from various equipment shall not be discharged into sanitary
sewers if an alternate acceptable means of disposal is available. If an alternate
acceptable means of disposal is not available, such water may be discharged
into the sanitary sewer provided the water is metered and meets the discharge
prohibitions and limitations of this ordinance.
1.
General Prohibition - No user shall introduce or cause to be introduced
into the POTW any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all users of the POTW
whether or not they are subject to categorical pretreatment standards or
any other National, State, or local Pretreatment standards or
requirements.
2. Specific Prohibitions - Any Pollutant, including oxygen-demanding
pollutants (BOD, etc.) released in a discharge at a flow rate and/or
pollutant concentration which, either singly or by interaction with other
pollutants, will cause Interference with the POTW.
a. Petroleum Oil, Nonbiodegradable Cutting Oil, or product of mineral
oil origin in amounts that will cause interference or pass through.
b. Trucked or Hauled Pollutants, except at discharge points
designated by the Authority in accordance with Section C of this
ordinance.
C. PROHIBITED SEWER CONNECTIONS, INCLUDING TRUCKED
OR HAULED WASTEWATER
It shall be unlawful for any person to deposit or discharge into the sanitary sewer
any liquid or solid waste, including trucked or hauled wastes, unless such deposit
or discharge has been approved by the Authority.
Industrial Wastewater Ordinance No. 2706
Page 10 of 40
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.
.
D.
PROHIBITED WASTEWATER CONSTITUENTS
No person shall contribute or cause to be discharged directly or indirectly, into
any public sanitary sewer any of the following described substances, materials,
water or waste:
1. Temperature - any liquid or vapor having a temperature higher than one
hundred fifty degrees (150°) Fahrenheit (65° degrees Centigrade);
2. Solidifvinq Substance - any water or waste which contains wax, grease,
oil, petroleum oil, nonbiodegradable cutting oil, products of mineral oil
origin, plastic or other substance that will solidify or become discernibly
viscous at temperatures between thirty-two degrees (32°) to one hundred
fifty degrees (150°) Fahrenheit, thereby contributing to the clogging,
plugging or otherwise restricting the flow of wastewater through the
collection system;
3.
Explosive - pollutants which create a fire or explosion hazard in the sewer
system or POTW, including, but not limited to, waste streams with a
closed cup flash point of less than 140° degrees Fahrenheit or 60°
degrees Centigrade using the test methods specified in 40 CFR Part
261.21. This includes flammable or explosive liquids, solids or gases
such as gasoline, kerosene, benzene, naphtha, etc., which by reason of
their chemical properties or quantity may be sufficient, either alone or by
interaction, to cause fire or explosion.
4. Obstruction - solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference with proper
operation of the POTW, such as, but not limited to, ashes, cinders,
asphalt, concrete, cement, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, whole blood, paunch manure, hair and
fleshings, entrails, lime slurry, lime residues, slops, chemical residues,
paint residues, or bulk solids;
5. GarbaQe - any garbage that has not been properly comminuted or
shredded to such a degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers, with no particle
greater than one-half (1/2) inch in any dimension;
6. Gases - any noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance and repair;
7.
Sludqe - any substance which may cause the POTWs effluent or
treatment residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process as determined
pursuant to criteria in this ordinance. In no case, shall a substance
discharged to the POTW cause the POTW to be in noncompliance with
Industrial Wastewater Ordinance No. 2706
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.
.
sludge use or disposal criteria, guidelines or regulations developed under
Section 405 of the Act or any criteria, guidelines or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal
Act, the Resource Conservation and Recovery Act, the Clean Air Act, the
Toxic Substances Control Act, or state standards applicable to the sludge
management method being used;
8.
NPDES - any substance which will cause the POTW to violate its NPDES
or other disposal system permits, or the receiving stream water quality
standards;
9.
Objectionable Color - any substance with objectionable color which cannot
be removed by the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions;
10.
Sluaload - any dump or slugload;
11.
Hazard to human life - any wastewater which causes a hazard to human
life or creates a public nuisance;
12.
Toxicity Test - Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test; Total Toxic
Organics in excess of 2.13 mg/L collected as a grab sample;
13. Swimminq Pool - Swimming pool drainage from private residential pools
may not be discharged to the sanitary sewer system. Swimming pool
drainage from public and semi-public swimming pools may be discharged
to the POTW with the prior consent of the Authority. Swimming pool filter
backwash may be discharged to the POTW;
14. Deteraents - Detergents, surface-active agents, or other substances
which may cause excessive foaming in the POTW
15. Medical Waste - Medical wastes, except as specifically authorized by the
Authority in a wastewater discharge permit;
16. Pollutants - Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
E. WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or indirectly, into
any sanitary sewer any wastewaters containing or having:
1.
Fats, oils. and qreases - free or emulsified fats, oils, and greases
exceeding 200 mg/L as determined by approved EPA method listed in
40CFR Part 136. A concentration of 200 mg/L is allowable providing the
Authority has specifically determined that the waste: a) derives from
animal or vegetable materials; b) biodegrades readily in the POTW; c)
Industrial Wastewater Ordinance No. 2706
Page 12 of 40
does not cause an obstruction of flow in the sewer line; and d) the
. discharge is pretreated by discharge through an approved grease trap or
other pretreatment process.
2. Acids or alkalies - acids or alkalies capable of causing damage to sewage
disposal structures or personnel or having a pH value lower than 5.5 or
higher than 11.0.
3. Metals - metals in the form of compounds or elements with total
concentrations exceeding the following:
MAXIMUM DAIL Y MAXIMUM GRAB
AVERAGE (mq/L) (mQ/L)
Arsenic 0.1 0.2
Cadmium 0.3 0.1
Chromium 5.0 2.9
Copper < 3.0 2.3
Cyanide 0.5
Lead 2.9 0.9
Mercury 0.01 0.0004
Molybdenum 0.2
Nickel 2.0 4.6
Selenium 0.1
Silver 0.1 0.3
. Zinc 5.0 8.0
Total Toxic Organics 2.13
4. Cyanide - cyanide or cyanogen compounds (expressed as total Cñ) in
excess of 0.5 mg/L.
5. Gases - hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10
parts per million.
6. Radioactive - radioactive wastes or isotopes with a half-life or
concentration exceeding limits established by the Authority in compliance
with applicable state or federal regulations.
7. Toxics - toxic pollutants in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to pass through the
treatment plant and impair aquatic life in receiving water, as expressed by
the results of acute or chronic toxicity tests of the POTW effluent.
8.
Temperature - a temperature which inhibits or interferes with biological
activity in the POTW treatment plant. In no case shall wastewater be
introduced which would have a temperature exceeding 40°C (104°F) upon
entering the POTW treatment plant.
.
Industrial Wastewater Ordinance No. 2706
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9.
Cateqorical - pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the
Code of Federal Regulations.
10. Explosive - wastewaters which emanate vapors causing the atmosphere
in the sewer system to exceed 20% of the lower explosive limit in the
immediate area of the discharge.
F. ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS
1.
2.
3.
. 4.
At least once every two (2) years, the Authority shall evaluate whether each
significant industrial user needs accidental discharge/slug control plan. The
Authority may require any user to develop, submit for approval, and implement
such a plan. Alternatively, the Authority may develop such a plan for any user.
An accidental discharge/slug control plan shall address, at a minimum, the
following:
Description of discharge practices, including nonroutine batch discharges;
Description of stored chemicals;
Procedures for immediately notifying the Authority of any accidental or
slug discharge, as required by Section 6.6 of this ordinance; and
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
SECTION IV -SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS
A. COMPLIANCE WITH STANDARDS
.
1.
Applicable Laws - All dischargers shall be subject to those Federal, State
and local requirements and limitations which are the most stringent.
2.
Dilution - No discharger shall increase the use of potable or process water
in any way for the purpose of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
standards set forth in this ordinance.
3.
Mass Limitations - Where deemed appropriate the Authority may apply
mass limitations expressed in pounds per day of pollutant discharged.
Categorical Pretreatment Standards and the City's right to impose mass
or concentration limits, the City's right to use combined waste stream
Industrial Wastewater Ordinance No. 2706
Page 14 of 40
.
formula as appropriate, the right of a user to obtain a variance, and the
right of a user to obtain a net gross adjustment.
a. Where a categorical pretreatment standard is expressed only in
terms of either the mass or the concentration of a pollutant in
wastewater, the Authority may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
b. When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, [the
Superintendent] shall impose an alternate limit using the combined
waste stream formula in 40 CFR 403.6(e).
c. A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered
by EPA when developing the categorical pretreatment standard.
d. A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.25.
B. ACCIDENTAL DISCHARGES
.
Each discharger shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this ordinance. Where
necessary, facilities to prevent accidental discharge of prohibited materials shall
be provided and maintained at the discharger's cost and expense. When .
applicable, detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Authority for review, and shall be
approved by the Authority before construction of the facility. Review and
approval of such plans and operating procedures by the Authority shall not
relieve the discharger from the responsibility to modify its facility as necessary to
meet the requirements of this ordinance.
Dischargers shall notify the Authority immediately upon the occurrence of a
"slug" or accidental discharge of substances prohibited by this ordinance. The
notification shall include location of discharge, date and time thereof, type of
waste, concentration and volume, corrective actions taken, and be signed by the
dischargers Authorized Representative. Any discharger discharging slugs of
prohibited materials shall be liable for any expense, loss or damage to the
wastewater system and the POTW, in addition to the amount of any fines
imposed on the Authority under state or federal law.
.
Each employer shall instruct all applicable employees, who may cause or
discover such a discharge, with respect to emergency notification procedure
including the proper telephone number of the Authority to be notified.
Industrial Wastewater Ordinance No. 2706
Page 15 of 40
. C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system shall
comply with this ordinance including Section V; provided, however, that flow
measurement may be based on metered water consumption. Each discharger
shall provide an agreement, signed by the owner of the sewer system, which
authorizes the Authority's personnel to enter onto the owner's property for
purposes of inspection and monitoring of discharger's premises, and for
enforcement pursuant to the term of this ordinance.
D. PROHIBITION OF BYPASS
1. Bypass of a discharger's treatment equipment or treatment facility is
prohibited and the Authority may take enforcement action against the
discharger unless:
a. The bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage, and;
b. There were no feasible alternatives to the bypass, such as use of
auxiliary treatment facilities, retention of untreated wastewater, or
. maintenance during normal periods of downtime. This condition is
not satisfied if, in the exercise of reasonable engineering judgment,
adequate back-up equipment should have been installed to prevent
a bypass which occurred during normal periods of equipment
downtime or maintenance, and;
c. The discharger submitted advanced, written notice of the need for
a bypass.
2. The discharger shall submit oral notice to the Authority of an unanticipated
bypass that exceeds categorical standards or other discharge limits within
24 hours of the time the discharger becomes aware of the bypass.
Written notice shall be provided within 5 days of the time the discharger
becomes aware of the bypass. The written notice shall include a
description of the bypass and its causes, duration of the bypass, steps
taken to prevent the reoccurrence of the bypass, and must be signed by
the Authorized Representative of the discharger.
3. The Authority may approve an anticipated bypass, after considering its
adverse effects, if it determines that the bypass will meet all of the
conditions of paragraph 1) above.
E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
. All dischargers shall notify the Authority, the Control Authority, the EPA's
Regional Waste Management Division Director, and the Texas Commission on
Environmental Quality in writing of any discharge into a wastewater system or
Industrial Wastewater Ordinance No. 2706
Page 160'40
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POTW of any substance, which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261. Any notification under this paragraph must be
submitted in conformance with 40 CFR Part 403.12 (p).
SECTION V - ADMINISTRATION BY PERMIT
A. CLASSIFICATION OF DISCHARGERS AND PERMITS
1. All non-domestic users which discharge into the sanitary sewer system of
the Authority shall be grouped according to the following definitions:
Group I - Significant Industrial Users are defined in Section I
Definitions.
Group II - Commercial Facilities and Small Industrial Users are
those commercial facilities and industrial users which are not
included in Group I and which do not discharge a significant
amount of regulated pollutants on a regular basis.
Examples include automotive service shops, small food
processors and photographic developing shops.
Group III - Classed High Strength Users are restaurants, car washes
or other businesses which can be classed according to an
average strength or abnormal strength of their wastewater.
Group IV - Wastewater Haulers are transporters of wastewater
desiring to discharge into the Authority's sanitary sewage
system.
2.
All Group I dischargers shall submit a Wastewater Discharge Permit
Application to the Authority on a form provided by the Authority.
a. All information required by Section V(C).
b. Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical used or
stored at the facility which are, or could accidentally or intentionally
be, discharged into the POTW;
c. Number and type of employee, hours of operation, and proposed
or actual hours of operation;
d. Each product produced by type, amount, process or processes,
and rate of production;
e.
Type and amount of raw materials processed (average and
maximum per day);
Industrial Wastewater Ordinance No. 2706
Page 17 of 40
.- -.." ...-_.._,. "~--' --"-
f.
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
.
g. Time and duration of discharge; and
h. Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit application.
All Group II, III and IV dischargers shall submit an Industrial Waste
Questionnaire. The questionnaire will be reviewed by the Public Works
Utility Superintendent or authorized representative. If deemed necessary,
Group II, III or IV dischargers may also be required to obtain a Permit as
outlined herein.
3. No new Group I user shall be allowed to discharge until issued a valid
permit.
4.
The Authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after the evaluation is
complete. The wastewater discharge permit shall be subject to the terms
and conditions specified herein and to the regulations of the Authority.
.
5.
If the application is denied, the applicant shall be notified in writing within
30 days of the reasons for such denial. If denial is based on the
Authority's determination that the applicant cannot meet the wastewater
discharge limitations of this ordinance, the Authority may specify that the
applicant be required to provide pretreatment of the waste before it is
deemed acceptable for sewer discharge.
6. Where additional pretreatment and/or operation and maintenance
activities will be required to comply with this ordinance, pursuant to 5)
above, the discharger shall provide a declaration of the shortest schedule
by which the discharger will provide such additional pretreatment and/or
implement added operational and maintenance activities.
a.
The schedule shall contain milestone dates for the commencement
and completion of major events leading to the construction and
operation of additional pretreatment required for the discharger to
comply with the requirements of this ordinance including, but not
limited to dates, relating to hiring an engineer, completing
preliminary plans, completing final plans, executing contract(s) for
major components, commencing construction, completing
construction, and all other acts necessary to achieve compliance
with this ordinance.
.
b. The time increments established between milestone dates shall be
the shortest practicable for the completion of the required work.
Industrial Wastewater Ordinance No. 2706
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.
Under no circumstances shall the Authority permit a time increment
for a single step in the compliance schedule to exceed 9 months.
The completion date in this schedule shall not be later than the
compliance date established for applicable categorical
pretreatment standards.
c.
Not later than 14 days following each milestone date in the
schedule and the final date for compliance, the discharger shall
submit a progress report to the Authority, including a statement as
to whether or not it complied with the increment of progress
represented by that milestone date and, if not, the date on which it
expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the discharger to return the
construction to the approved schedule. In no event shall more than
9 months elapse between such progress reports to the Authority.
.
7.· Prior to the approval of a permit, unless exempted by the Authority, all
dischargers shall provide monitoring facilities to allow inspection, sampling
and/or flow measurement of wastewaters before entering the sanitary
sewer of the Authority. Each monitoring facility shall be located on the
discharger's premises; provided, however, where such location would be
impractical or cause undue hardship to the discharger, the Authority may
approve the placement of monitoring facilities in the public street or
sidewalk area. All monitoring equipment and facilities shall be maintained
in a safe and proper operating condition at the expense of the discharger.
Failure to provide proper monitoring facilities shall be grounds for denial
of a permit.
B. PERMIT CONDITIONS
Permits are issued to a specific discharger for specific operation and are not
assignable to another discharger or transferable to any other location without the
prior written approval of the Authority.
1. Wastewater Discharge Permit Transfer may be transferred to a new
owner or operator only if the permittee gives at least Ninety (90) days
advance notice to the Authority and the Authority approves the
wastewater discharge permit transfer. The notice to the Authority must
include a written certification by the new owner or operator which:
a. States that the new owner and/or operator has no immediate intent
to change the facility's operations and process;
b. Identifies the specific date on which the transfer is to occur; and
c.
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as the date of facility transfer.
Industrial Wastewater Ordinance No. 2706
Page 19 of 40
.
2,
Wastewater Discharge Permit Requirements:
a. A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in accordance
with Section B(1) of this ordinance, and provisions for furnishing
the new owner or operator with a copy of the existing wastewater
discharge permit;
c. Effluent limits based on applicable general pretreatment standards
as set forth in CFR 403, categorical pretreatment standards, local
limits, and state and local law;
d., Self monitoring, sampling, reporting, notification, and record-
keeping requirements. These requirements shall include and
identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on Federal, State, and
local law; and
e.
Violation of pretreatment standards and requirements or of any
applicable compliance schedule shall be punishable by a fine of up
to $2000 per day and by civil penalties of up to $5000 per day.
Such schedule may not extend the time for compliance beyond that
required by Federal, State, and local law.
.
3. Wastewater discharge permits may contain, but need not limited to, the
following conditions:
a. Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
b. Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
c. Requirements for the development and implementation of spill
control plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated,
or nonroutine discharges;
.
d. Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW, the unit
charge or schedule of user charges and fees for the management of
the wastewater discharge to the POTW;
e. The unit charge of schedule of user charges and fees for
Industrial Wastewater Ordinance No. 2706
Page 20 of 40
.
management of the wastewater discharge to the POTW;
f. Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
g. A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
h. Other conditions as deemed appropriate by the Authority to ensure
compliance with this ordinance, and State and Federal laws, rules,
and regulations.
C. REPORTING REQUIREMENTS FOR DISCHARGERS
.
.
1.
Baseline Report: Within 180 days following the effective date for new or
revised categorical pretreatment standards, or at least 90 days prior to
commencement of the introduction of wastewater into the POTW by a
new discharger, any discharger subject to a categorical pretreatment
standard shall submit to the Authority a report (in a form provided by the
Authority), indicating the nature and concentration of all prohibited or
regulated substances contained in its discharge, and the average and
maximum daily flow in gallons. The report shall state whether the
applicable categorical pretreatment standards are being met on a
consistent basis and, if not, what additional 0 & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
categorical pretreatment standards. This report shall be signed by an
authorized representative and certified by a qualified professional as
stated in 40 CFR Part 403.12(b)(6).
a. Identifvinq Information. The name and address of the facility,
including the name of the operator and owner.
b. Environmental Permits. A list of any environmental control permits
held by or for the facility.
c. Description of Operations. A brief description of nature, average
rate of production, standard industrial classifications of the
operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of
discharge to the POTW from the reg ulated processes.
d.
Flow Measurement. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary,
to allow use of the combined waste stream formula set out in 40
CFR 403.6(e).
Industrial Wastewater Ordinance No. 2706
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.
.
.
e. Measurement of Pollutants
(i)
The categorical pretreatment standards applicable to each
regulated process.
(ii) The result of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the
standard or by the Authority, of regulated pollutants in the
discharge from each regulated process. Instantaneous,
daily maximum, and long-term average concentrations, or
mass, where required, shall be reported. The sample shall
be representative of daily operations and shall be analyzed
in accordance with procedures set out in Section V of this
ordinance.
(iii) Sampling must be performed in accordance with procedures
set out in Section V(C)(4).
f. Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent
basis, and, if not whether additional operation and maintenance
(O&M) and/or additional pretreatment is required to meet the
pretreatment standards and requirements.
g.
Compliance Schedule. If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest
schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule pursuant
to this section must meet the requirements set out in Section VI of
this ordinance.
h. Siqnature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section C( 1) of this
ordinance.
2.
90 Day Compliance Report: Within 90 days following the date for final
compliance by the discharger with applicable categorical pretreatment
standards or 90 days following commencement of the introduction of
wastewater into the POTW by a new discharger, any discharger subject to
categorical pretreatment standards shall submit to the Authority a report
indicating the nature and concentration of all prohibited or regulated
substances contained in its discharge, and the average and maximum
daily flow in gallons. The report shall state whether the applicable
categorical pretreatment standards or requirements are being met on a
consistent basis and, if not, what additional 0 & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
Industrial Wastewater Ordinance No. 2706
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.
.
.
categorical pretreatment standards or requirements. This report shall be
signed by an authorized representative of the discharger.
3.
Periodic Compliance Reports: Any discharger subject to a categorical
pretreatment standard made a part of this ordinance shall submit to the
Authority a report indicating the nature and concentration of prohibited or
regulated substances in the effluent which are limited by the categorical
pretreatment standards hereof. Reports are required after the compliance
date of such a pretreatment standard, or in the case of a new discharger,
after commencement of the discharge, and are to be submitted at least
once every six months (on dates specified by the Authority). In addition,
where applicable, this report shall include a record of all measured or
estimated average and maximum daily flows which, during the reporting
period, exceeded the average daily flow specified in Section V, paragraph
B, 1) and 2) hereof. Flows shall be reported on the basis of actual
measurement, provided however, where cost or feasibility considerations
justify, the Authority may accept reports of average and maximum flows
estimated by verifiable techniques. The Authority, taking into
consideration extenuating factors, may authorize the submission of said
reports on months other than those specified above.
4.
Analysis and Sampling Procedures: All analyses shall be performed in
accordance with procedures contained in 40 CFR Part 136 and
amendments thereto or with any other test procedures approved by the
Administrator. Sampling shall be performed in accordance with the
techniques approved by EPA. Where 40 CFR Part 136 does not include
sampling or analytical techniques for the pollutants in question, or where
EPA determines that the Part 136 techniques are inappropriate for the
pollutant in question, sampling and analyses shall be performed using
validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW or other
parties, approved by EPA.
Sample Collection:
a. Except as indicated in Section B, below, the user must collect
wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible,
the Authority may authorize the use of time proportional sampling
or a minimum of four (4) grab samples where the user
demonstrates that this will provide a representative sample of the
effluent being discharged. In addition, grab samples may be
required to show compliance with instantaneous discharge limits.
b.
Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using
grab collection techniques.
5. Reporting Additional Monitoring: If an industrial user subject to the
reporting requirements of this section monitors any pollutant more
Industrial Wastewater Ordinance No. 2706
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9.
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frequently than required by the Authority, using the procedures prescribed
in paragraph (4) of this section, the results of this monitoring shall be
included in the report.
6.
Significant Noncategoricallndustrial User Reporting: Significant
noncategorical industrial users shall submit to the Authority at least once
every six months (on dates as specified by the Authority) a description of
the nature, concentration, and flow of the pollutants required to be
reported by the Authority. These reports shall be based on sampling and
analysis performed in the period covered by the report, and performed in
accordance with the techniques described in paragraph (4) of this section.
This sampling and analysis may be performed by the Authority in lieu of
the significant noncategorical industrial user.
7.
Notification of Changed Discharge: Dischargers shall give prior written
notification to the Authority of any significant change in the volume or
cbaracter of pollutants in the,.discharge.
a. The notification to the Authority shall be received at least ninety
(90) days prior to change.
b.
The Authority may require the user to submit such information as
may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit
application.
c. The Authority may issue a wastewater discharge permit or modify
an existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
d. For purposes of this requirement, significant changes include, but
are not limited to, flow increases or decreases of twenty percent
(20%) or greater, the discharge of any previously unreported
pollutants, and the deletion of any pollutant regulated by this Article
or a permit issued pursuant to this Article.
8.
Authority Monitoring: Sampling and analysis for the reports required by
paragraphs (1), (2), (3) and 6) above may be performed by the Authority
in lieu of the discharger. If all information required for the report, including
flow data, is collected by the Authority, the discharger will be required to
submit the report or certifications.
Signatory Requirements: All applications and compliance reports
submitted to the Authority must contain the following certification
statement and be signed by the Authorized Representative:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Industrial Wastewater Ordinance No. 2706
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.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information
and for not reporting known violations, including possibility of fine
and imprisonment."
10.
Wastewater Analysis: When requested by the Authority, a user must
submit information on the nature and characteristics of its wastewater
within Thirty (30) days of the request. The Authority is authorized to
prepare a form for this purpose and may periodically require users to
update this information.
D. INSPECTION AND FLOW MEASUREMENT
.
1.. II1.spection: The Authority m~y inspect the facilities of any discharger to
determine compliance with the requirements of this ordinance. The
discharger shall allow the Authority or its representatives to enter upon the
premises of the discharger at all reasonable hours for the purposes of
inspection, sampling, or examination of records. All reports and records
related to the provisions of this ordinance shall be made available for
copying and inspection by the Authority. The Authority shall have the right
to set upon the discharger's property such devices as are necessary to
conduct sampling, inspection, compliance monitoring and metering or
measuring operations. The inspectors, agents or representatives of the
Authority charged with the enforcement of this section shall be deemed to
be performing a governmental function for the benefit and health and
welfare of the general public and neither the Authority nor any individual
inspector, agent or representative shall be held liable for any loss or
damage, whether real or asserted, caused or alleged to have been
caused as a result of the performance of such governmental function.
The failure or refusal of such owner or discharger to comply with this
provision shall be grounds for the disconnection of water or sewer service
to the facility.
Facilities regulated under this chapter are subject to the authority of the
U.S. Environmental Protection Agency (EPA) under Section 308 of the
Federal Clean Water Act (33 U.S.C. § 3318), as amended, concerning
access to information and right of entry onto property for purposes of
implementing and enforcing the federal pretreatment program and other
applicable provisions of the Federal Clean Water Act.
.
Facilities regulated under this chapter are subject to the authority of the
Texas Commission on Environmental Quality (TCEQ) under Sections
26.014 and 26.015 of the Texas Water Code, as amended, and Sections
361.032 and 361.037 of the Texas Health and Safety Code, as amended,
concerning access to information and right of entry onto property for
purposes of implementing and enforcing the State of Texas' pretreatment
Industrial Wastewater Ordinance No. 2706
Page 25 of 40
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program and other applicable provisions of the Texas Water Code and
Texas Health Safety Code.
The industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may be
deemed necessary by the Authority. Samples shall be collected in such
manner as to be representative of the character and concentration the
waste under operational conditions. The laboratory methods used in the
examination of said waste shall be those set forth in 40 CFR Part 136.
The determination of the character and concentration of industrial waste
shall be made at such times and on such schedules as may be
established by the Authority. Should a discharger desire a determination
of the quality of such industrial waste be made at some time other than
that scheduled by the Authority, such special determination may be made
by the Authority at the expense of the owner or discharger.
.
Inspection and sampling of IUs by City at least once a year: Randomly
sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information
supplied by industrial users, occasional and continuing noncompliance
with pretreatment standards. Inspect and sample the effluent from each
Significant Industrial User at least once a year. Evaluate, at least once
every two years, whether each such Significant Industrial User needs a
plan to control slug discharges. For purposes of this subsection, a slug
discharge is any discharge of a non-routine, episode nature, including but
not limited to an accidental spill or a non-customary batch discharge. The
result of such activities shall be available to the Approval Authority upon
request. If the POTW decides that a slug control plan is needed, the plan
shall contain, at a minimum, the following elements:
a. Description of discharge practices, including non-routine batch
discharges.
b. Description of stored chemicals.
c. Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification
within five days.
d.
If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measures and
equipment for emergency response.
.
NOV/Repeat Sampling and Reporting: If sampling performed by an
Industrial User indicates a violation, the user shall notify the Control
Industrial Wastewater Ordinance No. 2706
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.
Authority within 24 hours of becoming aware of the violation. The User
shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the Control Authority within 30 days after becoming
aware of the violation, except the Industrial User is not required to
resample if:
a. The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month, or
b. The Control Authority performs sampling at the User between the
time when the User performs its initial sampling and the time when
the User receives the results of this sampling.
2.
Measurement of Flow: The volume of flow used in computing sewage
charges shall be based upon metered water consumption or discharge as
shown in the records of meter readings maintained by the North Richland
Hjlls Water Department.
.
Where it can be shown to the satisfaction of the Director that a substantial
portion of the metered water does not enter the sanitary sewer, the
Director may require or permit the installation of additional approved
meters at the owner's expense, to measure the quantity of water actually
entering the sewer system. If approved by the Director, the measured
quantity of water actually entering the sewer system will be used to
determine the sewer service charge.
Any discharger who procures all or part of its water supply from sources
other than the North Richland Hills Water Department, all or part of which
is subsequently discharged into the sanitary sewer, shall install and
maintain at its expense an effluent meter or flow measuring device
approved by the Director for the purpose of determining the proper
volume of flow to be used in computing sewer service charges. Such
meters or measuring devices shall be read monthly.
If the Director determines that it is not practicable to measure the quantity
or quality of waste by the aforesaid meters or monitoring devices, the
quantity or quality of the waste shall be determined in any manner or
method the Director may find practicable in order to arrive at the
percentage of water entering the sanitary sewage system of the Authority
and/or the quality of the sewage to be used to determine the sewer
service charge.
E. PERMIT MODIFICATIONS
1.
The Authority reserves the right to amend any permit issued hereunder in
order to assure compliance by the Authority with applicable laws and
regulations. The Authority may amend any permit for good cause
including, but not limited to the following:
.
Industrial Wastewater Ordinance No. 2706
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g.
h.
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a.
To incorporate any new or revised federal, state, or local
pretreatment standards or requirements.
b.
Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were
not considered in drafting the effective permit.
c. A change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
d. Information indicating that the permitted discharge poses a threat
to the Authority's collection and treatment systems, POTW
personnel or the receiving waters.
e. Violation of any terms or conditions of the permit.
f. Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
To correct typographical or other errors in the permit.
To reflect transfer of the facility ownership and/or operation to a
new owner/operator.
Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards, laws,
or rules and regulations.
2. All categorical pretreatment standards promulgated and adopted by the
EPA after the effective date of this ordinance shall automatically become
a part of this ordinance. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an application for a
permit as required by Section V, paragraph A, 2) above, the discharger
shall apply for a permit from the Authority within 180 days after the
promulgation of the applicable categorical pretreatment standard by the
EPA. In addition, the discharger with an existing permit shall submit to the
Authority within 180 days after promulgation of an applicable categorical
pretreatment standard, the information required by Section V, paragraph
C, 1) above. The discharger shall be informed of any proposed changes
in its permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time
schedule for compliance.
F. CONFIDENTIAL INFORMATION
.
1.
All information and data submitted by a discharger to the Authority or
POTW may be submitted to any State or Federal agency governing the
POTW. Such information shall be considered subject to public disclosure,
provided, however, that the discharger may request that information not
Industrial Wastewater Ordinance No. 2706
Page 28 of 40
be subject to public disclosure, in accordance with 40 CFR Part 2 as
follows:
.
a.
A discharger may assert a business confidentiality claim covering
part or all of the information in a manner described below, and that
information covered by such a claim will be disclosed only by
means of the procedures set forth below.
b. If no claim of business confidentiality is asserted, all information will
be subject to public disclosure without further notice to the
discharger.
2. Method and time of asserting business confidentiality claim: A discharger
which is submitting information to the Authority may assert a business
confidentiality claim covering the information by placing on or attaching to
the information, at the time it is submitted to the Authority, a cover sheet,
st.amped or typed legend, or,other suitable form of notice employing
language such as "trade secret," "proprietary," or "company confidential."
Allegedly confidential portions of otherwise nonconfidential documents
should be clearly identified by the discharger, and may be submitted
separately to facilitate identification and handling by the Authority. If the
discharger desires confidential treatment only until a certain date or until
the occurrence of a certain event, the notice should so state.
.
3.
Nothing in this section shall prevent the disclosure of information and data
regarding the nature and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to be met by the
discharger, and this information shall be available to the public with no
restrictions. Effluent data which cannot be held as confidential is as
defined in 40 CFR 2.302.
4. The provisions of this section shall be subject to any public disclosure
requirements which may exist under Article 6252-17a, V.A.C.S.
G. WASTEWATER DISCHARGE PERMIT REISSUANCE
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit re-issuance by submitting a complete permit application, in
accordance with Section V(A)(2) of this ordinance, a minimum of Ninety (90)
days prior to the expiration of the user's existing wastewater discharge permit.
.
SECTION VI - ENFORCEMENT
REVOCATION OF PERMIT
A.
The Authority may revoke the permit or terminate water or sewer service of any
discharger which fails to:
Industrial Wastewater Ordinance No. 2706
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1.
factually report the wastewater constituents and characteristics of its
discharge; or
2. report significant changes in wastewater constituents or characteristics; or
3. allow reasonable access to the discharger's premises by representatives
of the Authority for the purpose of inspection or monitoring; or
4. pay sewer charges; or
5. meet compliance schedules; or
6. fulfill the conditions of its permit, or this ordinance, or to obey any final
judicial order with respect thereto.
B.
NOTIFICATION OF VIOLATION
Whenever the Authority finds that any discharger has engaged in conduct which
justifies revocation of a permit, pursuant to Section VI, A. hereof, the Authority
shall serve or cause to be served upon such discharger a written notice, either by
personal delivery or by certified or registered mail, return receipt requested,
stating the nature of the alleged violation. Within 30 days of the date of receipt of
the notice, the discharger shall respond in person or in writing to the Authority,
advising of its position with respect to the allegations. Thereafter, the parties
shall meet to ascertain the veracity of the allegations and where necessary,
establish a plan for the satisfactory correction thereof.
C.
ADMINISTRATIVE ORDERS
Where the violation of Section VI,A. hereof is not corrected by means of
enforcement action listed in Section VI, B, the following enforcement escalations
may be used. Terms mayor may not be negotiated with industrial users.
Generally used as first form response to a significant noncompliance, unless
more severe action is justified.
1. Consent Order - An agreement between the Authority and the industrial
user normally containing three elements: (1) compliance schedules (2)
stipulated fines or remedial actions; and (3) signatures of City and
industrial representatives.
2. Show Cause Order - An order which directs the user to appear before the
City to explain its noncompliance and show cause why more severe
enforcement actions against the user should not be levied. Typically used
after informal contacts or NOV's have failed to resolve noncompliance;
however, it can be used at anytime.
3. Compliance Order - An order which directs the industrial user to achieve
or restore compliance by a date specified in the order. Terms need not be
Industrial Wastewater Ordinance No. 2706
Page 30 o( 40
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discussed with the industry in advance. Typically used when
noncompliance cannot be resolved without construction, repair, or
process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
4.
Cease and Desist Order - An order which directs the noncompliant user
to cease illegal or unauthorized discharges immediately, or to terminate
the discharge altogether. Generally used in situations where the
discharge could cause interference or pass through, or otherwise create
an emergency situation.
D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING
Any discharger or any interested party shall have the right to request in writing an
interpretation or ruling by the Authority on any matter covered by the ordinance
and shall be entitled to a prompt written reply. In the event that such inquiry is by
a d~scharger and deals with matters of performance or compliance with this
ordinance or deals with a permit issued pursuant hereto for which enforcement
activity relating to an alleged violation is the subject, receipt of a discharger's
request shall stay all enforcement proceedings pending receipt of the aforesaid
written reply; provided, however, the Authority may take any action it deems
necessary to protect its wastewater collection and treatment system or to comply
with its NPDES permit or to comply with any contract the Authority has for the
treatment of wastewater.
.
E.
JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger contrary to the
provisions of this ordinance may authorize its attorney to commence any legal
action in a court of competent jurisdiction for equitable and/or legal relief.
a. Injunction Relief: When the Authority finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Authority may petition the [NAME OF
COURT] through North Richland Hills Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this ordinance on activities of the
user. The Authority may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user to
conduct environmental remediation. A petition for injunction relief shall not
be a bar against, or a prerequisite for, taking any other action against a
user.
F.
EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
.
The Authority, may, for good cause shown, suspend water or wastewater service
to the discharger's facility, when it appears to the Authority that an actual or
threatened discharge presents or may present an imminent or substantial danger
Industrial Wastewater Ordinance No. 2706
Page 31 of 40
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to the health or welfare of persons, substantial danger to the environment,
interfere with the operation of a POTW, violate any pretreatment limits imposed
by this ordinance or any Permit issued pursuant to this ordinance. Any
discharger notified of the suspension of the Authority's water or wastewater
service and/or the discharger's permit, shall within a reasonable period of time,
as determined by the Authority, cease all discharges. In the event of the failure
of the discharger to comply voluntarily with the suspension order within the
specified time, the Authority may commence judicial proceedings to compel the
discharger's compliance with such order or may immediately disconnect such
discharger's service line from the City water and sanitary sewer system. In the
case of emergency disconnection of service, the Director shall make a
reasonable attempt to notify the owner or discharger before disconnecting the
service line. The party whose service has been disconnected shall have an
opportunity for a hearing on the issue of the illegal discharge and the
disconnection as soon as possible after such disconnection has taken place.
The AutQority may reinstate the permit and/or the wastewater or water service
upon proof by the discharger of the cessation of the non-complying discharge or
elimination of conditions creating the threat of imminent or substantial danger as
set forth above. The water and/or wastewater service shall be reconnected at
the discharger's expense.
G.
OPERATING UPSETS
In an action brought in municipal or state court, if a person can establish that an
event that would otherwise be a violation of this Article or a permit issued under
this Article was caused solely by an act of God, war, strike, riot, or other
catastrophe, the event is not a violation of this Article or the permit. In an
enforcement proceeding, the user seeking to establish the occurrence of an act
of God, war, strike, riot, or other catastrophe shall have the burden of proof. In
the event that an act of God, war, strike, riot, or other catastrophe has been
established the user shall control production of all discharges to the extent
possible until such time as the reduction, loss, or failure of its treatment facility is
restored or an alternative method of treatment is provided.
Any discharger who experiences an upset in operations which places the
discharger in a temporary state of non-compliance with this ordinance shall
inform the Authority within 24 hours of first awareness of the commencement of
the upset. Where such information is given orally, the Authority may at its
discretion require the discharger to file a written report within five working days.
The report shall specify:
1. Description of the upset, its cause and the upset's impact on a
discharger's compliance status.
2.
Duration of non-compliance, including exact dates and times of
non-compliance, and if the non-compliance continues, the time by which
compliance is reasonably expected to occur.
Industrial Wastewater Ordinance No. 2706
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A.
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of non-compliance.
An operating upset which was not the result of negligence on the part of the
discharger, and which has been documented and verified in the manner stated
above shall be an affirmative defense to any enforcement action brought by the
Authority against a discharger for any non-compliance with the ordinance which
arises out of violations alleged to have occurred during the period of the upset.
H.
RECOVERY OF COSTS INCURRED BY THE AUTHORITY
Any discharger who discharges or causes a discharge producing a deposit or
obstruction, or causes damage to or impairs the Authority's wastewater system,
shall be liable to the Authority for any expense, loss, or damage caused by such
violation or discharge. The Authority shall bill the discharger for the costs
incurred by the Authority for any cleaning, repair, or replacement work caused by
the. violation or discharge. Failure to pay such bill may result in the termination of
water or wastewater service.
I.
FALSIFYING INFORMATION
Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this ordinance, or falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required under
this section, shall, upon conviction, be punished as provided in Section XI of this
Ordinance.
J.
POTW PRETREATMENT REQUIREMENTS
Obtain remedies for noncompliance by any Industrial User with any Pretreatment
Standard and Requirement. All POTWs shall be able to seek injunctive relief for
noncompliance by Industrial Users with Pretreatment Standards and
Requirements. All POTWs shall also have authority to seek or assess civil or
criminal penalties in at least the amount of $2,000 per day and a civil penalty of
up to $5,000 per day for each violation by Industrial Users of Pretreatment
Standards and Requirements. POTWs whose approved Pretreatment Programs
require modification to conform to the requirements of this paragraph shall
submit a request for approval of a program modification in accordance with
§403.18, unless the State would be required to enact or amend a statutory
provision, in which case the POTW shall submit such a request.
SECTION VII - MISCELLANEOUS
NET/GROSS CALCULATIONS
The Authority may elect to adjust categorical pretreatment standards to reflect
the presence of pollutants in the discharger's intake water, in accordance with 40
CFR Part 403.15.
Industrial Wastewater Ordinance No. 2706
Page 33 of 40
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B.
PRESERVATION OF RECORDS
All dischargers subject to this ordinance shall retain and preserve for no less
than three (3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or on behalf of a discharger in
connection with its discharge. All records which pertain to matters which are the
subject of administrative adjustment or any other enforcement or litigation
activities brought by the Authority pursuant hereto shall be retained and
preserved by the discharger until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals have expired.
C.
COSTS OF ADMINISTERING PROGRAM
The Authority may make such charges, known as monitoring and pretreatment
charges, as are reasonable for services rendered in administering the programs
outHned jn this ordinance. Such charges may include, but are not limited to:
1. permitting industrial facilities;
2. inspection;
3. sample analysis;
4. monitoring; and
5. enforcement.
D.
RIGHT OF REVISION
The Authority reserves the right to amend this ordinance to provide for more or
less stringent limitations or requirements on discharges to the sanitary sewer or
POTW where deemed necessary to comply with the objectives set forth in
Section II of this ordinance.
E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
The Authority shall annually publish in the largest local daily newspaper a list of
users that have significantly violated federal pretreatment requirements during
the previous 12 months. Definition of significant violation shall be the definitions
listed in 40 CFR Part 403.8 (f) (2) (vii), and in the POTWs NPDES permit.
SECTION VIII - CUMULATIVE CLAUSE
That this Ordinance shall repeal every prior Ordinance and provision of the North
Richland Hills City Code in conflict herewith but only insofar as any portion of such prior
Ordinance or provision shall be in conflict, and as to all other Ordinances or provisions
of the North Richland Hills City Code not in direct conflict herewith, this Ordinance shall
be and is hereby made cumulative. Ordinance numbers 1773 and 2687 are hereby
repealed.
Industrial Wastewater Ordinance No. 2706
Page 34 of 40
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SECTION IX - REMEDIES
That all rights or remedies of the City of North Richland Hills, Texas, are expressly
saved as to any and all violations of the North Richland Hills City Code, as amended,
which have accrued at the time of the effective date of this Ordinance; and as to such
accrued violations, the Court shall have all of the powers that existed prior to the
effective date of this Ordinance.
SECTION X - SEVERABILITY CLAUSE
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 by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XI - FINES
That the violation of any provision of this Ordinance or of the North Richland Hills City
Code relating to sewer service shall be deemed an offense is punishable by a fine not
exceeding Two Thousand Dollars ($2,000) for each violation per day. Civil penalties of
up to $5,000 per day, may be assessed for any violation relating to point source effluent
limitations or the discharge of a pollutant other than from a non-point source, pursuant
to Section 54.017, Texas Local Government Code.
". - .,.
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Industrial Wastewater Ordinance No. 2706
Page 35 of 40
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SECTION XII - EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage and
publication as provided by law.
PASSED AND APPROVED this the 12th day of May, 2003.
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
Industrial Wastewater Ordinance No. 2706
Page 36 of 40
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INDEX
abnormal sewage............................................................................................. 1
act............................................................... .................. ........... ......1-5, 9, 12, 27
administrative adjustment................. ........................................................ 25, 28
authorized representative .......................................1-3, 7, 16, 17, 19, 22-24, 26
biochemical oxygen demand ......:.................................................................1, 2
bypass............................................................................. .................2, 7, 16, 17
categorical pretreatment standards ...................2, 3, 7, 9, 10, 15,20-24,30,35
code of federal regulations ......................................................................... 2, 14
composite sample.......................................................................................... 3-4
co n crete. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 11
cooling water................................................................... .......................3, 5, 10
Director.................................................................................. 1-3, 10, 17, 29, 34
downspouts.................................................................................................... 10
flammable....................................................................................................... 11
flow proportion91 composite sample..........~...................................................... 3
fountains......................................................................................................... 10
garbage................................................................................................. 3, 6, 11
gasoline.......................................................................................................... 11
grab sample.... .... ....... ...... .......... .... ......... ..... ............ ........ ... ......... ..... 3, 4, 12, 25
grease. ... . . .. ....... ....... ........... . . . ............... . .............. . ... . .. ......... ... ..... .. . .. .. 11, 13, 25
groundwater.................................................................................................... 10
industrial waste..................................................................... 1, 4, 6, 7, 9, 19, 27
lawn sprays..................................................................................................... 10
maximum daily average.................................................................................... 4
maximum grab.. ........ .............. .... ........... ............... ....... ...... ............. ..... ....... 4, 13
milligram per liter ............. .......... ....... ......... ...... ........ ....... ......... .......... ....... ........4
new source .... ........ .................. .... ......... ... ...... .... ....... ........... .......... ...... ........ .....5
NPDES ...............................................................................3,4,6,9, 12,33,36
occupant....................................................................................................... 3, 6
operation and maintenance.................................................................. 6, 19, 23
other wastes..... ... ... ............ ........ ........... ............... .... ................... .........6, 12, 14
owner...............................................................3, 5, 6, 16,20-22,27, 29, 30, 34
pass through............................................................................... 6, 9, 10, 14, 32
person ...................................................1,2,6,9, 10, 11, 13, 16,26,29,32-35
pH................................................. 5-9,11,13,14,16-18,24-26,30,34,35,37
ponds.............................................................................................................. 10
pools............................................................................................................... 12
Public Works Utility Superintendent ........................................................... 7, 19
roof runoff......................................... ...................... ......................................... 10
sewage..........................................................................1, 4, 6-9, 13, 18, 28, 29
significant industrial user.............. .................................................. 7, 14, 18, 27
SIU ................................................................................................................... 7
slug load........................................................................................................... 7
standard methods................ ............................................................................. 8
storm drain.................................... .................................. ................................ 10
storm water ........ ....... ... ....... ...................................... ............... ....... .... ........8, 10.
substantial danger.................................................................................... 33, 34
subsurface drainage ......... ....................................... ....... ........ .............. .......... 10
Industrial Wastewater Ordinance No. 2706
Page 37 of 40
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temperature.......................................................................... ........... ... 11, 14, 25
time proportional composite sample ................................................................. 3
total suspended solids...........,................. ,.................. ..................... ............. 1, 8
TPDES .... ........................ ............................... ......... ................... ..................6, 8
TSS .......... ................................................................................................,... 1, 8
upset........................................................................................................... 8, 34
Industrial Wastewater Ordinance No. 2706
Page 38 of 40
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CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date: 5/12/03
Subject: Award Annual Contract for Lockbox Services to Frost Bank
Resolution No. 2003-046
Agenda Number: PU 2003-027
In the 2002/2003 approved budget, Council appropriated funds for lockbox services for receipt and processing
of monthly water bill payments. Lockbox services result in operational cost savings by minimizing staff hours
spent on sorting, opening, and processing utility payments and preparing bank deposits. As the customer
base has increased over the last several years, this service has allowed utility personnel levels to remain
constant. During this past fiscal year, the current service provider processed over 135,000 payments.
Since 1991, the City of North Richland Hills has contracted with Bank One for lockbox services under a
commercial services agreement which could be terminated by either party upon thirty (30) days' written
notice. The contract does not fix fees for a specified period, allowing Bank One the opportunity to adjust fees
at will. Until a short time ago, fees had not increased for several years.
Recently, Bank One drastically increased fees resulting in an annual jump of over $15,000 (60%) in lockbox
service costs. As a result, requests for proposals were solicited from six providers. Two banks, Bank One and
Frost Bank, and one independent service provider, North Central Transaction Processing (NCTP) responded
to the request. A committee consisting of the Utility Services Manager, Purchasing Agent, Accounting
Manager and Director of Finance evaluated the proposals based on capability, experience, pricing, customer
service (checked references) and professionalism of the proposal.
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Based on evaluation criterion, Frost Bank received the highest total score attaining 98 out of 100 possible
points. Bank One scored 82 points and NCTP received 76 points.
The initial contract period is for three (3) years with extension options for two (2) additional one-year terms.
The three-year cost of lock box services and associated banking fees for each vendor is as follows:
Frost Bank
NCTP
Bank One
$116,085
$134,938
$165,135
Frost Bank has over 15 years experience providing retail lockbox service. They currently process payments
for 27 retaillockbox customers with a statewide average monthly volume of nearly 250,000 items. If Frost
Bank is approved for the initial three-year contract period, the City will realize over $48,000 in savings when
compared to current pricing.
Recommendation: To award the contract for lock box services for a three (3) year period with two (2) one-year
extension options to Frost Bank, and pass Resolution No. 2003-046 giving the City Manager the authority to
execute the contract with Frost Bank for lockbox services.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Fu s Avai a e
Budget Director
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RESOLUTION NO, 2003-046
.BE IT RESOLVED BY THE CITY COUNCil OF NORTH RICHLAND HillS, TEXAS, that:
1,
The City Manager is hereby authorized to execute the contract with Frost Bank, to provide
lockbox services as the act and deed of the City.
PASSED AND APPROVED this 12th day of May, 2003.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
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Larry Ko ce, Director of Finance
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Announcements and Information
May 12,2003
Announcements-Council Member David Whitson
The Library will be hosting the MasterWorks series on Tue~day, May 13th.
This free concert will feature Café Noir, an eclectic instrumental ensemble.
The concert begins at 7:00 p.m. NRH Library is located at 6720 NE Loop
820. For further information, call 817-427-6800.
NRH20 Water Park opens on Saturday, May 1 tho Come join the fun this
summer at this popular water park.
Join us for A Lotta Niaht Music Concert Series on Friday, May 23 at Green
Valley Park, Sara Hickman will be performing her folk/pop music. The
concert is free and begins at 7:00 p.m. Bring your lawn chairs and blankets!
The Citizens Fire Academv Alumni are sellinq woven coverlets for the 50th
Anniversary of the Fire Department. The design centers around the Fire
Department logo and has the four stations and other equipment used by
fire fighters, The cost is $45.00. Proceeds benefit the NRH Fire
Department. Those wanting to purchase one can call Sonja Starnes at 817-
498-2912.
Information
Mav 24
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
Mav 29
Business Appreciation Luncheon
Birdville Fine Arts/Athletic Complex
11 :30 a.m.
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