The URL can be used to link to this page

Home My WebLink AboutCC 2003-02-05 Agendas CITY OF NORTH RICHLAND HillS PRE-COUNCIL AGENDA FEBRUARY 05, 2003- 6:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular February 05, 2003 City Council Meeting (5 Minutes) 2. IR 2003-009 Industrial I Holiday Neighborhood Park Site (15 Minutes) 3. IR 2003-010 Update on NETS Urban Transit District Board (5 Minutes) 4. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Consultation with City Attorney as Authorized by Government Code §551.071 1) Cable Issues 2) Davis v. NRH 5. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, ¡twill be taken in open session. POSTED /'~J·llð Date S:<I{) ~ T6:ne 2/05/03 City Council Agenda Page 1 of4 ·e~ .~ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA FEBRUARY 05, 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 co.ncerning 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 th;is meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation -Councilwoman Johnson 3. Pledge - Councilwoman Johnson 4. Special Presentations 5. Removal of Item(s) from the Consent Agenda 2/05/03 City Council Agenda Page2of4 NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of th~ Pre-Council Meeting January 27, 2003 b. Minutes. of the Council Meeting January 27, 2003 GN 2003-015 c. Vacate the Dedication of a Portion of the existing Right-of-Way for Cherokee Trail - Ordinance No. 2686 GN 2003-016 d. Reject Bids for the Rufe Snow Drive Elevated Storage Tank GN 2003-019 e. Calling May 3, 2003 City Council Election - Resolution No. 2003-009 PU 2003-006 f. Award of Bid to Williams. Landscape, Inc. in the Amount of $31,652.53 for the Construction of Planter Walls, Irrigation and Landscaping - Resolution No. 2003-014 PU 2003-007 g. Award of Bid to John Deere Landscape in the Amount of $27,590 for the Purchase of Hardware Necessary for Tucor Irrigation Conversion - Resolution No. 2003-015 PU 2003-008 h. Award Contract for GIS Water, Wastewater and Stormdrain System Update to Applied Technological Services - Resolution No. 2003-013 Consideration of a Request From Arcadia 7. PS 2001-24 Holdings for the Approval of the Final Plat Of Home Town East Infrastructure I Addition Located East of Bridge Street and West of Cardinal Lane - 4.6 acres 2105103 City Council Agenda Page 3ôf 4 NUMBER ITEM ACTION TAKEN 8. PZ 2002-42 Public Hearing to Consider a Request from Rebel Properties, LLC, for A Zoning Change from "AG" Agricultural to "R-2" Single Family Residential in (Located in the 7000 Block of Hightower Drive and the 7200 Block of Chapman Road) - 77.1 acres - Ordinance No. 2684 9. GN 2003-017 Approve Resolution Endorsing the Implementation of a Continuing. Pretreatment Program - Resolution No. 2003-012 10. GN 2003-018 Adopt a Revised Industrial Waste Ordinance and Repeal Ordinance No. 1773·- Ordinance No. 2687 11. GN 2003-020 Canvassing February 1, 2003 Special Bond Election - Resolution No. 2003-010 12. GN 2003-021 Ordinance to amend the Sign Ordinance for Political Signs - Ordinance No. 2685 13. GN 2003-022 Resolution of Support to Fund the First Responder Initiative - Resolution No. 2003- 011 14. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 15. a) Citizens Presentation b) Information and Reports 16. Adjournment -- POSTED /- ~ I."O~ Date 5:¿¡o I'm Time 2105103 City Council Agenda Page .. of·4 8. City Secretary ~ .. . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2003-009 ~ Date: T Subject: February 5,2003 Industrial! Holiday Neighborhood Park Site The Neighborhood Park Initiative Project includes construction of 7 new neighborhood parks, of which the following 5 are currently under construction: Brandonwood Amundson! Main Foster Village Snow Heights Mullendore Development and TPWD issues with the Forest Glen East park site and US Army Corps of Engineers (USACE) requirements with the Industrial! Holiday park site precluded their inclusion in the initial bid package. The approved Master Development Plan for the Holiday !Industrial Neighborhood Park Site includes extension of culverts out-falling at the northeast corner of the park site, trail-head parking atop the culvert extension, and creation of a lake in the Calloway drainage channel, all of which are within Jurisdictional Waters of the U. S. The extension of the culverts was included for the purpose of correcting extensive erosion into residential properties along the northern bank of the tributary, and to provide a location for a trail-head parking lot. According to the USACE, in order to perform this work, the following would be required: 1. Section 404 Nationwide Permit 39 for the water feature in Calloway Branch. The following studies and documents must be submitted as a part of the permit: a. Limited Wetlands Assessment b. Pre-Construction Notification c. Mitigation Plan 2. Submit permit application to Texas Commission for Environmental Quality (TCEQ) to impound water in Calloway Branch. 3. Supplemental Survey for USACE, FEMA and TCEQ. 4. Additionally, a Nationwide Permit or an Individual 404 Permit will be required for the extension of the culverts, depending on final determination by the USACE after review of the construction plans for the proposed improvements. According to the USACE, the Nationwide Permit 39 normally takes 12 to 18 months to process after submission of the application, required studies and documents. An Individual 404 Permit, if ultimately required, would take additional time to process. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Since October 1, 2002, the consultant has been working with the USACE and has been preparing flood plain data relative to these studies and documents. The plans and specifications for the remaining park development are nearing completion. The construction budget for the park is $300,000, and the current cost estimate as prepared by the consultant, Newman, Jackson, Bieberstein, Inc., is $235,000. However, this cost estimate does not include work associated with the culvert extensions, the trail-head parking lot, or the lake. The estimated cost for these amenities is as follows: Culvert Extensions $130,000 (7' x 4' box culvert extending 175'-200' from existing outfall @ Holiday Lane) Trail-head Parking Lot $19,000 (12 parking spaces) Lake $257,500 In light of the timeframes associated with the USACE, FEMA, and TCEQ approval and permitting requirements, and considering the current cost estimate and construction budget, staff and the consultant explored other approaches that would remedy the erosion problem and expedite the project. A Bank Stabilization Permit will allow for the installation of a retaining wall and feathering back of the banks of the tributary. Given the current cost estimate, it appears that the wall necessary to stabilize the bank can be constructed within the available funds. Additionally, this approach would not require a Pre-Construction Notification Document, Wetlands Assessment or Mitigation Plan, thereby eliminating delays associated with USACE review and processing. As discussed at the time the master development plans were submitted to Council for consideration, the master development plans were designed to represent ultimate development. The current construction budget may not allow for the inclusion of some of the amenities shown on the plan in the first phase of development. In order to complete the construction documents for the Holiday / Industrial park site, staff has prepared options and requests direction as to the extent of work to include in the bid package for construction of the park. Options 1 (a). Include the bank stabilization work along with the development of the park. This approach will allow the consultant to complete the construction documents and bid the project. The extension of the culverts, trail-head parking lot and lake construction would not be included in the bid package, however these amenities could be considered at a later time. This option can be implemented within the current construction budget and would reduce otherwise lengthy USACE, FEMA and TCEQ processes. (b). If City Council elects to proceed with this approach, staff would like additional direction as to which amenities, if any, should be included in future Capital Improvement Program Budgets. In addition to the culvert extensions, trail-head parking lot and lake, future amenities could include a separate pedestrian bridge adjacent to Holiday and City Image enhancements on either side of the Holiday bridge and to the bridge itself. Should Council desire to more forward with any or all of these amenities staff will prepare the necessary budget amendments for engineering and USACE/TCEQ permits in order to expedite their review process. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 2. Include either the extension of the culverts, the parking lot and/or the creation of the lake in the bid package and amend the construction budget to reflect the costs associated with these amenities. Depending on the USACE, FEMA, and TCEQ permitting processes, the timeframe for permit approval would most likely result in not being able to issue bids concurrently with Forest Glen. Given the construction budget and most recent cost estimates, the costs associated with these amenities, as described above, would necessitate the following budget amendments: a. Culvert Extensions - Would require an additional $65,000 b. Parking Lot - Would require an additional $84,000 (above culvert extensions included) c. Lake - Would require an additional $192,500 d. Culvert Extensions, Parking Lot and Lake - All three items together would require an additional $276,500 (These options would use the $65,000 available balance based on current estimates for the project, if the bank stabilization work is not done in the 1st phase of development, and would take 12 - 18 additional months for USACE permitting at a minimum.) These options and issues will be discussed with the Park and Recreation Board at their February 3, 2003, meeting. A report of their recommendation will be provided to City Council. Respectfully submitted, c ~=- ~ Jim Browne Director of Parks and Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS W N ...I. r- -I 0 »~c: ~-~ mr;-m :t ;t¡ m -I » m C)( '"tJ -I »m ;t¡Z ~~ -0 ~Z r- o -I INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2003- 010 ~ Date: T Subject: February 5, 2003 Update on NETS Urban Transit District In August 2002 staff reported to Council regarding the formation of an Urban Transit District (UTD) for Northeast Transportation Services (NETS). This UTD was formed so that all of the cities that are part of this service could share the responsibility for this program, its funding, and its operation. The purpose of this report is to provide an update regarding the UTD and the progress that has been made thus far. The NETS UTD Board, which as you recall is comprised of the City Managers from each of the 8 member cities, has been meeting every month since the UTD was formed, and has hired LKC Consulting to perform a needs assessment and assist in the solicitation of a new service provider for the NETS program. LKC will assist in conducting focus groups, identifying potential funding, preparing a request for proposals, reviewing proposals, and making recommendations with regard to the proposals submitted. This firm has significant experience in transportation and studies of this type, and the Board feels LKC's services will be beneficial in moving the program forward. The cost of LKC's services is $30,000. This fee will be divided equally among the 8 member cities, which makes our share $2,500. The study has been divided into two phases to allow an evaluation to determine if there is a need to _continue with the second component of the study. The firm anticipates having the first phase of the project complete by early Spring. Potential service providers will be identified and a request for proposals will be developed at the conclusion of the first phase. In addition, the Board will attempt to identify any potential service cost adjustments. An update regarding Phase I will be presented to the Council upon completion. Staff has also been gathering information with regard to state and federal funds to this program, and is in the process of developing position papers for both the Texas Legislature and Congress. The NETS UTD Board will evaluate local funding issues once the needs assessment has been completed. We look forward to discussing this with you Wednesday. ;t:;?2: . Larry J. Cunningham ~ City Manager e _ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS .. e MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 27, 2003 - 6:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman e Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Andy Jones Debbie Durko Tom Shockley Paulette Hartman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Fire Chief Municipal Court Administrator Police Chief Assistant to the City Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. DISCUSS ITEMS FROM REGULAR JANUARY 27, 2003 CITY COUNCIL MEETING Agenda Item No. 6e - PU 2003-005 - Councilman Tim Welch asked for more information regarding the purchase of the automated citation management system. Councilman Tim Welch wanted to know if it this item only pertained to motorcycle patrol officers. Ms. Debbie Durko, Municipal Court Administrator advised council that the automated citation management system would only be used by the motorcycle patrol officers. Agenda Item No.8 - GN 2003-008 - Councilwoman Johnson asked staff if council had acted on this request at their Janua 13 Cit Council meetin . e IR 2003- 006 DISCUSS FEDERAL LEGISLATIVE PROGRAM IR 2003- 007 DISCUSSION OF SPECIAL USE PERMIT REQUIREMENT FOR FUELING STATIONS Pre Council Minutes January 27, 2002 Page 2 Staff advised that council set the date for the public hearing at their previous council meeting. The item before council tonight is the public hearing and to take action on the ordinance extendin the 'uvenile curfew ordinance. Mr. Greg Vick summarized item. Mr. Vick informed council that the Federal Legislative Program was guided by four primary principles. NAN Support for local control Insuring a predictable and sufficient level of revenue to manage local affairs Opposition to unfunded federal mandates Support for legislation that increases quality of life for citizens of North Richland Hills Mr. Vick also summarized the following City's positions on current issues. Protecting the homeland Sustaining federal support for critical municipal programs Protecting local programs and revenues Balancing international trade agreement with local authority Mr. Vick advised council there would be a change to page 9 of the Federal Legislative Program. The last bullet would be deleted and replaced with the following: "North Richland Hills opposes any legislation that would "streamline" the state's sales tax system in a way that would negatively affect municipal revenues, municipal authority to impose the sales tax, or the flexibility cities currently have to impose various sales tax rates for various ur oses." G.Vick Council was advised item was placed on agenda at the request of Councilman Tim Welch. Mr. John Pitstick advised council in 2001 that a convenience store was defined as having eight (8) or less gasoline pumps, which does not require a special use permit. Staff viewed the fueling pumps as a secondary use with the convenience store being the primary use. Any business that had nine (9) or more gasoline pumps would be considered a service station and would be re uired to have s ecial .. e IR 2003- 008 DISCUSSION OF REQUIREMENTS FOR PLACEMENT OF POLITICAL SIGNS Pre Council Minutes January 27, 2002 Page 3 use permit in a C-1 zoning district. Council recently approved a QuikTrip location with a special use permit. There are existing stations that are in the C-2 district that were allowed by right. Mr. Pitstick made council aware that an applicant could operate a business in a C-1 district with eight or less pumps and not be required to have a special use permit. Mr. Pitstick did want council to be aware that staff is seeing a lot of growth with a lot of grocery stores wanting to have fueling stations. There are a couple of grocery stores that did not require council approval to have fueling stations (Kroger and Sam's). Staff is seeking direction from council to either change automotive related uses in the zoning ordinance or include new definitions for convenience stores and/or service stations. Mayor Trevino asked Councilman Tim Welch if he wanted council to study the ordinance that would allow the council to see how the fueling stations would affect the neighborhood or surrounding areas. Councilman Tim Welch believes that council needs more control where fueling stations are being located. Councilman Tim Welch believes special use permits in all zoning across the board would give council more control. Council consensus was to have the Planning and Zoning Commission review the ordinance. Mr. Pitstick advised council that staff would take the issue to the Planning and Zoning Commission and forward their recommendation to council. S.NolWood/J.Pitstick Mr. Pitstick advised council that staff would like to clarify the placement ot political signs. In 1999 the sign ordinance did not allow political signs on any public property or within public rights-ot-way. According to the City Attorney there are no special rights that a property owner will have adjacent to a public right-of-way. The public right-ot-way is primarily used for city use. Former Councilman Russ Mitchell suggested an amendment to the si n ordinance to allow Pre Council Minutes January 27,2002 Page 4 placement of political signs in public rights-of- way with the permission of the abutting adjacent property. The Code Enforcement officers have a difficult time enforcing. Traditionally, most rights-of-way are 9 % to 10 feet from the street. Staff is leaning toward recommending that no political signs be allowed in public rights-of-way. Council discussed the placement and legality of political signs in public rights-of-way. Councilman Turnage asked how the political signs would pertain to easements. The City Attorney advised that this would only apply to a roadway easement. Council consensus was to change the sign ordinance to not allow political signs in the public rights-of-way. Councilman Lyle E. Welch wanted to be sure that the City enforced the ordinance. Mayor Trevino advised council that complaints would be forwarded to the City Secretary's Office. J.Pitstick ADJOURNMENT Mayor Trevino announced at 6:26 p.m. that the Council would adjourn to Executive Session for Consultation with City Attorney as Authorized by Government Code §551.071 - Curtis v. North Richland Hills. Mayor Trevino announced at 6:34 p.m. that the Council would adjourn to the regular Council meeting eTTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary e e e MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JANUARY 27,2003 -7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order January 27,2003 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 T em 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 2. INVOCATION Girl Scout Troop 1262 gave the invocation. 3. PLEDGE OF ALLEGIANCE Girl Scout Troop 1262 led the pledge of allegiance. 4. SPECIAL PRESENTATIONS Mayor Trevino recognized Ms. Sally Proffitt, Tarrant County College Instructor and the students from her business leadership class. City Council Minutes January 27, 2003 Page 2 e Ms. Proffitt briefly explained the purpose of the class. 5. REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED e A. MINUTES OF THE PRE-COUNCIL MEETING JANUARY 13, 2003 B. MINUTES OF THE CITY COUNCIL MEETING JANUARY 13, 2003 C. GN 2003-006 APPOINTMENT OF REPLACEMENT ELECTION JUDGE AT THE DAN ECHOLS SENIOR CENTER POLLING LOCATION FOR THE FEBRUARY 1, 2003 BOND ELECTION D. PU 2003-004 AUTHORIZE ANNUAL CONTRACT FOR MICROCOMPUTER HARDWARE TO GATEWAY - RESOLUTION NO. 2003-006 E. PU 2003-005 AUTHORIZE INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF EULESS AND PURCHASE OF AUTOMATED CITATION MANAGEMENT SYSTEM - RESOLUTION NO. 2003-007 Councilman Whitson moved, seconded by Councilman Lyle E. Welch, to approve the Consent Agenda. Motion to approve carried 7-0. 7. GN 2003-007 RESOLUTION ADOPTING 2003 ECONOMIC DEVELOPMENT STRATEGIC PLAN - RESOLUTION NO. 2003-008 APPROVED Mr. John Pitstick, Director of Development, introduced Mr. Tom Stellman, TIP Strategies, Inc., representing the consulting firm that worked with the City Council, Planning & Zoning Commission, Economic Development Advisory Committee and Staff e in developing an Economic Development Plan for North Richland Hills. e e e City Council Minutes January 27, 2003 Page 3 Mr. Stellman presented a PowerPoint presentation outlining the background of the project, the purpose, process, economic overview and strategies. The three major strategies identified by the Plan are: 1) Redeveloping and Reusing Vacant and Underutilized Properties; 2) Promoting a Positive Business Climate; and 3) Developing and Promoting an Attractive, Diversified, and Thriving Community. Mr. Cunningham and Mr. Pitstick advised Council that staff supported the plan and felt that the plan will help focus the City's efforts to assure that future economic development issues are directed in a prudent and cost effective manner. COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN TIM WELCH, TO APPROVE RESOLUTION No. 2003..Q08, GN 2003..Q07, ESTABLISHING AN ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR THE CITY OF NORTH RICHLAND HILLS. Motion to approved carried 7-0. 8. GN 2003-008 PUBLIC HEARING TO CONSIDER EXTENDING ORDINANCE NO. 1994 JUVENILE CURFEW ORDINANCE FOR THREE YEARS - ORDINANCE NO. 2683 APPROVED Mayor Trevino opened the public hearing to consider the need to continue Juvenile Curfew Ordinance. Police Chief Tom Shockley advised that the Juvenile Curfew Ordinance was first adopted by the Council in 1994 and that by law every three years the Council must review the ordinance, conduct a public hearing on the need to continue the ordinance and either abolish, continue or modify the ordinance. Chief Shockley presented a PowerPoint Presentation of juvenile curfew statistics and the effectiveness of the ordinance. Chief Shockley advised that the ordinance was effective and recommended that Council approve extending the Ordinance for three years. Mayor Trevino called for those wishing to speak to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILWOMAN JOHNSON, TO APPROVE ORDINANCE No. 2683, EXTENDING THE JUVENILE CURFEW ORDINANCE FOR THREE YEARS. Motion to approve carried 7-0. e e e City Council Minutes January 27,2003 Page 4 9. GN 2003-009 YOUTH ADVISORY COMMITTEE MID-YEAR REPORT & ACCEPTANCE OF REPORT APPROVED Mr. Paul Dorasil, Youth Advisory Committee Chair, presented a PowerPoint presentation of the committee's mid-year report on the status of the committee's activities to date. COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH, TO APPROVE GN 2003-009, ACCEPTING THE YOUTH ADVISORY COMMITTEE'S MID-YEAR REPORT. Motion to approve carried 7-0. 10. GN 2003-010 APPROVAL OF AMENDMENT TO YOUTH ADVISORY COMMITTEE BY-LAWS APPROVED Ms. Paulette Hartman, Assistant to City Manager, advised the Youth Advisory Committee was requesting an amendment to their By-laws. Current By-laws require representation of the committee to consist of ten representatives that attend public, private or home school high schools in the area and reside in North Richland Hills. The number of two-year appointees cannot exceed 3 appointees from each school. The Committee has been unable to get students involved in some of the area schools and is recommending the By-laws be changed to state that ten representatives will be chosen to fill two year terms that attend public, private, or home school high schools in the area and reside in North Richland Hills. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH, TO APPROVE GN 2003-010, APPROVING THE AMENDMENT TO THE YOUTH ADVISORY COMMITTEE'S BY-LAWS AS RECOMMENDED. Motion to approve carried 7-0. 11. GN 2003-011 REPLACEMENT OF MEMBERS ON THE YOUTH ADVISORY COMMITTEE FOR NON-ATTENDANCE APPROVED City Council Minutes January 27. 2003 Page 5 e Ms. Paulette Hartman, Assistant to City Manager, advised Council that the Youth Advisory Committee is recommending that two members be replaced on the Committee. Brittney Martin of Richland High School has been unable to attend the meetings and Shannon Mitchell of Harvest Academy no longer lives in North Richland Hills. Recommendation for replacements will be brought to Council at a later date. MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN LYLE E. WELCH, TO APPROVE GN 2003-011, APPROVING THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATION TO REPLACE THE TWO COMMITTEE MEMBERS. Councilwoman Johnson advised she would like to see some type of procedure put in place that would automatically remove a member that moves out of the city or if the member misses a percentage of the meetings. Staff will bring a recommendation to Council at a later date addressing Councilwoman Johnson's comments. Motion to approve carried 7-0. e 12. GN 2003-012 APPOINTMENT OF ALTERNATE TO KEEP NRH BEAUTIFUL COMMISSION APPROVED Ms. Patricia Hutson, City Secretary advised the Alternate position on Keep NRH Beautiful Commission is vacant. The Alternate position is a mayoral nomination and Mayor Trevino is recommending that City Council appoint Ms. Bobbi Arthur to the position, term expiring June 30,2004. Councilman Tim Welch moved, seconded by Councilman Tolbert, moved to approve GN 2003-012, appointing Ms. Bobbi Arthur to Alternate on the Keep NRH Beautiful Commission, term expiring June 30, 2004. Motion to approve carried 7-0. 13. GN 2003-013 CONSIDER 2003 FEDERAL LEGISLATIVE PROGRAM APPROVED e Mr. Greg Vick, Assistant City Manager, gave an overview of the 2003 Federal Legislative Program. Mr. Vick requested Council approve the program subject to one change. Mr. Vick advised that a change had been made to page 9 - wording has been added addressing the issue of Streamlined Sales Tax project and the third bullet e e e City Council Minutes January 27,2003 Page 6 changed to reflect opposition to any legislation that would "streamline" the state's sales tax system in a way that will negatively affect municipal revenues, authority to impose the sales tax or the current flexibility to impose various sales tax rates for various purposes. COUNCILMAN WHITSON MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE GN 2003-012. Motion to approve carried 7-0. 14. GN 2003-014 ADOPTION OF 2003 CAPP LEGISLATIVE AGENDA- RESOLUTION NO. 2003-004 APPROVED Mr. Greg Vick, Assistant City Manager, outlined the CAPP (Cities Aggregation Power Project, Inc.) 2003 legislative agenda. City Council was requested to approve Resolution No. 2003-004 endorsing CAPP's legislative agenda. COUNCILWOMAN JOHNSON MOVED. SECONDED BY COUNCILMAN WHITSON. TO APPROVE RESOLUTION No. 2003-004. Motion to approve carried 7-0. 15. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-COUNCIL AGENDA NO ACTION NEEDED None. 16. A. CITIZENS PRESENTATION Ms. Cynthia Nolen, 7218 Northeast Loop 820, requested the City Council support World Healing Day. Mayor Trevino asked City Manager Cunningham to look into the City's support of World Healing Day. Mr. Marlin Miller, 5109 Susan Lee Lane, complimented the Council on the adoption of the 2003 Economic Development Strategic Plan. e e e City Council Minutes January 27. 2003 Page 7 B.INFORMATION AND REPORTS Councilman Tim Welch announced the following: _ A bond election has been called for Saturday, February 1. Early voting will continue through January 28. Registered voters can vote at City Hall, Monday through Friday, 8:00 a.m. - 5:00 p.m. For more information, call 817-427-6060. _ The first Council meeting in February has been moved to Wednesday, February 5. The meeting will begin at its regularly scheduled time of 7:00 p.m. Information: February 1 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 February 1 Daddy Daughter Valentine Dance N RH Recreation Center 6720 NE Loop 820 817 -427 -6600 February 6. 7. 10 Winter Camp NRH Recreation Center 67,20 NE Loop 820 817-427-6600 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:09 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 02/05/2003 GN 2003-015 Agenda Number: Subject: Vacate the Dedication of a Portion of the existinQ Right-of-Way for Cherokee Trail - Ordinance No. 2686 Mr. John Barfield and Mr. Doug Long recently platted some of their property adjacent to Davis Boulevard as Forest Glenn East, Phase 2. A portion of Forest Glenn East, Phase 2 overlapped an earlier plat known as Cherokee Estates. Ev~n though Cherokee Estates was never developed, street right-of-way was dedicated for Cherokee Trail. The street was never improved and currently does not fit the alignment of the new streets planned in the Forest Glenn East, Phase 2 addition. The property owner is requesting that a portion of Cherokee Trail be vacated by the City. Staff has not received written confirmation from all of the utility companies indicating whether they have utilities existing within the Cherokee Trail right-of-way. The property owner is wanting to file the Forest Glenn East, Phase 2 plat and has agreed to relocate or pay to relocate all existing utilities discovered within the existing right-of-w~y. Recommendation: To approve Ordinance No. 2686, vacating a portion of Cherokee Trail as described in the attached metes and bounds description. Source of Funds: Bonds (GO/Rev.) Operating Budget Other }1!C:L G:i4' f) Departmen'ttead Signature Finance Review Account Number Sufficient Funds AvallaDle Finance Director ~ Bodget D''''cto' C~y Mana gna~ Page 1 of _ e c. ~ ~ .1 ~ ~ ~ o ~ ~ '. I I 3 !! " ~ ~. 4Ò~ ~ / / / i .I ./ / . I I I /~0\/ /,;.' ~I ø/' 01 / I / ¡ / , , //1 , , . I / / ¡ / / 0 / , ~7;\'/ I .,' :.1 0 :/ / I , I I i .. , - .- «: '- ~ ~ 022 o '- ~ ..c: U J~ 0'1 ./ "'- , .., I /' c 'd J \ ; ;":. ;~~ / '. -"" \¡. " ...'t S ... \\ ~~~\ V ;~~ );- -' -, j I I! I r . i : I ¡I I i I . I !~ ~ '--- "0 ~ = o "0 = «: .Q < ~ .Q o ...... - .- «: '- ~ ~ ~ o '- ~ ..c: U ~ I]p 6~ 3 ~¡¡ i In ~ 11;1 Isu . '-.~ ;~~ ~ , Jan 22 03 02:22p OwenDLoncloAssoc 8172814934 p.l e . -- ........&_IIS lne. ... 1615 Pr8cinct line Ro8d SuIe"06 . HulSt. T_16054-3345 Phone (817) 281-8121 . Fax (817) 281....934 January 22, 2003 Mr. Mike Curtis, P.E. Director of Public Works City of North RichJand Hills, Texas 7301 Northeast Loop 820 North Ricbland HiU~ Texas 76182-0609 J~N '¿:G ZU\.d NRH Public Works Re: FOREST GLENN EAST Phase 2 Existing Utilities Dear Mike; This letter is to confirm our discussion regarding the existing utility line, including power, telephone and cable, which need to be relocated to fit our proposed Final Plat of the above referenced addition. We will work. with the existing utilities to get them relocated and put underground where possi'ble and will pay any related cost for their relocation and adjustment. Please release our Final Plat for filing and give me a call if any additional requirements are needed. Sincerely: ~w£).~ e . e 2 ORDINANCE NO. 2686 AN ORDINANCE ABANDONING A PORTION OF CHEROKEE TRAIL IN 4 THE CITY OF NORTH RICHLAND IDLLS, TARRANT COUNTY, TEXAS. 6 WHEREAS, the City Council has been requested to abandon a portion of Cherokee Trail which is to be replatted; 8 WHEREAS, the City Council has determined that the portion of the above named public 10 street is no longer required or convenient for such use; NOW, THEREFORE, 12 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: 14 16 Section 1: THAT that portion of Cherokee Trail described on Exhibit A hereto is hereby abandoned and closed. 18 AND IT IS SO ORDAINED. 20 Passed on the 5th day of February, 2003. 22 CITY OF NORTH RICHLAND HILLS 24 26 28 30 32 34 36 38 40 42 44 By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Department Head Or' ce No. 2686 Page of 1 W: General\Ordinances-Draft\Street Abandon.Cherokee Trl2686 e e - EXHIBIT A FIElD NOTES FOR A PORTION OF CHEROKEE TRAIL TO BE ABANDONED: BEING A PORTION OF CHEROKEE ESTATES. ",. ADCmON TO THE QiY OF· NORTH RlCHlAND HILLS. TARRANT COUNTY. TEXAS. ACCORDING TO THE PlAT RECORDED IN VOLUME 388-68. PAGE 19. PLAT RECORDS. TARRANT COUNTY. TEXAS. AND BEING DESCRIBED AS FCU.OWS: BEGINNINC AT THE NORTHWEST CORNER Of' TRACT A. CHEROt<EE ESTATES. ",. ADomON TO THE CITY OF NORTH RICHLAND HILLS. TARRANT COUNTY. TEXAS.. ACCORDING TO THE PLAT RECORDED IN VOLUME 388-68. PAGE 19. PLAT RECORDS. TARRANT COUNTY. TEXAS: THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS EAST 55.33 FEfJ"; THENCE SOUTH 64 DEGREES 23 MINUTES 42 SECONDS EAST 582.55 FEET: THENCE SOUTH 62 DEGREES 15 'MINUTES 53 SECONDS. EAST 638.23 FEET: THENCE SOUTH 6C DEGREES 44 MINUTES 43 SECONDS EAST 172.23 FEET: THENCE NORTH 89 DEGREES 43 MINUTES 32 SECONDS WEST 103.20 FEE1': THENCE NORTH 60 DEGREES 44 MINUTES 43 SECONDS WEST 81.29 FEET: THENCE NORTH 62 DEGREES 15 MINUTES 53 SECONDS WEST 636.6'" FEE1'; THENCE NORTH 64 DEGREES 23 MINUTES 42 SECONDS WEST 557.92 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.532 ACRES OF LAND. MORE OR LESS e . -- Jan 06 03 09:52a NRH PUBLIC WORKS 8174276404 p.3 EXHIBIT-B SCALE ,", 100' ~ IIEMING CONTROl 8ASED ON CItY OF NORTH RIOUND HILLS GPS NAD-IJ GPS YONUIoIEN!' NO, 24 . .... .... ~~~ J .c.! 01118'"": ~:;:~ ID~ ~ If... ~ i· . o.:'~~ ~ .c,/:. .0 '.~ .5'6<- 's' S.1~ 6~<O TRACT A CHEROKEE ESTATES VOl.. 388-68. PC, 19 P,R.T.C.T. "'6<- 'S,., "'.1 ,., 6.16 .~ CAMP FIRE VOL 9097. PC, 1039 O.R.T.C,T, ~ ¡i ! II '\ \ LOYD BRANSOM SURVEYORS INC. I CHARLES e HOOKS JR. II' REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH. rEXAS 76111 834-3477 I :1 :i 01'111 . .~ :.. /~'(-.: :., .J II i' \ I.BI8CI (:i: . -.... o -- Jj, __8TAIIIi D _- -X-X- - - - .-.. --- _-_-_ ~LItI -T-T- _LIllIE -cATV- CAaa-"- =:..=- {;,..~~¡ .~?~.::. .~'.~'..; "~/l~'; " CITY OF NORTH RICHLAND HILLS 'partment: Public Works Subject: Reject Bids for the Rufe Snow Drive Elevated Storage Tank Council Meeting Date: 02/05/2003 Agenda Number: GN 2003-016 This CIP project consists of constructing a new elevated water storage tank located on Rufe Snow Drive. The new tank would be constructed the same size as the existing tank, just 50 feet taller. The additional height is necessary because the existing tank is below the desired pressure plain elevation. Staff studied the possibility of raising the existing tank. A study performed by KEF concluded that it was not cost effective to raise the existing tank 50 feet. Therefore, bids were taken to build a new 500,000 gallon tank 50 feet higher than the existing tank. Three tank contractors picked up plans and two submitted bids. (The low number of bidders is not unusual in this field as there are only two major firms that are currently constructing composite elevated tanks in the area.) The bid summary is shown below. Bidder Amount Bid Bid Time Landmark Structures $ 1,094,000 420 da s CB&I Contractors $ 1,098,000 400 da 5 e There were other alternates bid, however this option (building a new tank, same size, just 50 feet higher) was the lowest bid. The budget for this project is $900,000. The budget was based on earlier estimates provided by the engineer and tank supplier. The low bid of $1,094,000 exceeds the budget by $194,000. Since all bids exceeded the project budget and the tank improvements are not needed to comply with current demands, staff is requesting that all bids be rejected. Recommendation: To reject all bids on the Rufe Snow Drive Elevated Storage Tank. Finance Review )l/l.-/~4C~~· Department Head Signature Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget e Other . ·. KNOWLTON-ENGLlSH-FLOWERS, INC. S)lJOM 3UQnd HHN CONSULTING ENGINEERS / Fort Worth-Dallas January 23, 2003 (OOZ V ~ N\1r Mr. Mike Curtis, P.E. Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-581. CITY OF NORTH RICHLAND HILLS. RUFE SNOW ELEVATED TANK. BID TABULA nON This Project includes the removal and re-construction of the elevated tank that is located at the intersection ofRufe Snow Drive and Glenview Drive. The existing tank remains below the desired pressure plain elevation for that section of the City and would require raising or re-constructing to raise it approximately fifty feet in order for it to function properly. A previous study concluded that it was not cost effective to raise the tank fifty feet. e Plans and specifications were prepared by our firm and the City advertised for bids to be received on Friday, January 17,2003. A total of two bids were received. This is not unusual in this field as there are only two major finns that are currently constructing composite elevated tanks in this area. In prior years, there would typically be at least three finns bidding on a composite tank project: Landmark, Chicago Bridge (CBI) and Pitt-Des Moines (PDM). Recently, CBI has acquired PDM; reducing the source to two major contractors. Our records indicate that within the last two years there have been approximately twenty seven (27) composite tanks advertised and bid on. Of these projects, twenty one (21) of them received only two bids and two received only one bid. A copy of this tabulation is attached for your information. A list of tanks recently completed by CB&I is attached also as a reference of average costs relative to tank capacity and height. The bids received include the new construction of a 500,000 gallon elevated tank with an option for a 1,000,000 gallon elevated tank. Additional alternates were included for removal and disposal of the tank or transport to Hillsboro for erection by others. As mentioned, the City of North Richland Hills received a total of two (2) bids from contractors on January 17, 2003 for this project. The bids received are as follows: Contractor Landmark Structures CB & I Constructors 500,000 Gal $1,094,000.00 $1,098.000.00 BASE BID Days 1,000,000 Gal Days 420 $1.359,000.00 450 400 $1,312,698.00 440 Attached is a copy of the Tabulation of Bids, which were taken on January 17,2003, for the above project. As noted in the above tabulation, Landmark Structures of Fort Worth, Texas, was the low bidder on the one-half million-gallon tank. The attached tabulations include also the cost for removal and disposal ofthe tank as well as the transportation of the tank to Hillsboro. KEF will be available and plans to be present at the City Council meeting on February 10tb to answer any . questi ÎŽE G.R. Philipp Jr., P.E. attchmts. 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 CITY OF NORTH RICHLAND HILLS eepartment: City Secretary Council Meeting Date: 2/05/03 Subject: Callinq City Council Election - Resolution No. 2003-009 Agenda Number: GN 2003-019 The attached resolution calls for a City election to be held on May 3, 2003 for the election of City Council Places 1, 3, 5, and 7 for two-year terms of office. The resolution calls for the election to be conducted in accordance with the Texas Election Laws. It establishes the voting locations and provides for early voting procedures. The appointment of Election Day officials will be brought to Council at a later date for approval. In accordance with State law, filing will begin on February 17, 2003 and end on March 19, 2003, and early voting by personal appearance will begin April 16, 2003 and end April 29, 2003. The resolution authorizes the City Secretary to procure voting machines for the eLection and to contract with the Tarrant County Elections Administrator for early voting and other miscellaneous voting services. The City will be using the Direct Record Electronic system (ORE) for early voting and the Optech Eagle voting machines on Election Day. The City will hold its election jointly with the Birdville Independent School District as we have done the past several years. In the event a run-off election is necessary following the canvass of the May 3 election, the attached resolution also provides a run-off date of Saturday, June 7, 2003. This date is in accordance with State law. e Recommendation: To approve Resolution No. 2003-009 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Ävallable Finance Director ~~ ~ e RESOLUTION NO. 2003-009 4 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 3, 2003, at which time the voters will elect City Council Places 1,3,5, and 7; and 6 8 WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the City election will be conducted jointly with Birdville Independent School District; NOW, THEREFORE, 10 12 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND mLLS, TEXAS: 14 Section 1: 16 18 Section 2: 20 22 2_ 26 28 Section 3: 30 32 34 PRECINCT 36 THAT an election is hereby called to elect persons to Council Places 1,3,5, and 7 to serve until May of 2005, or until their successors are duly elected and qualified. Such election shall take place on the 3rd day of May, 2003, from 7:00 a.m. until 7:00 p.m. Qualified persons may file as candidates by filing with the City Secretary between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning February 17,2003, and ending on March 19,2003. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or, in lieu of the filing fee, a Petition seeking the candidate's name to be placed on the ballot. Such Petition must be signed by at least one hundred fifty (150) qualified voters of the City. Forms for the Petition shall be furnished to potential candidates by the City Secretary. The location of polling places for this joint election are designated pursuant to Section 271.003 of the Texas Election Code, and the Council finds that the following locations can most adequately and conveniently serve the voters in this election, and that these locations will facilitate the orderly conduct of the election: VOTING LOCATION 38 Precinct One (includes County voting precincts 3214,3324,3333,3041,3364, & 3366) City Hall, 7301 Northeast Loop 820 40 Precinct Two (includes County voting precincts 3215,3140,3326,3289,3424&4141 ) Dan Echols Senior Adult Center 6801 G1enview Drive 42 e Resolution No. 2003-009 Page 1 of4 e Precinct Three (includes County voting precincts 3063,3049,3177,3209,3367,3387, 3507,3527,3543, & 3584) Bursey Road Senior Adult Center 7301 Bursey Road 4 Section 4: 6 8 10 Section 5: 12 14 16 18 20 22 2_ Section 6: 26 28 Section 7: 30 32 Section 8. 34 36 38 Section 9. 40 42 Each Presiding Judge shall appoint not less than two, but no more than six qualified clerks to serve and assist in holding said election, provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. Early voting will be held on weekdays beginning on April 16, 2003 at 8:00 a.m. and will continue through April 29, 2003 at 5:00 p.m. Such early voting shall take place in the office of the City Secretary in the North Richland Hills City Hall (the Pre-Council Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than Wednesday, March 4,2003, and not later than the close of business on Thursday, April 15, 2003, if in person, or Friday, April 25, 2003, if by mail. The City Secretary, or her designee, shall be responsible for conducting early voting, both in person and by mail, and has . the authority to contract with Tarrant County for early voting services and . other miscellaneous voting services. In accordance with Section 87.004 of the Texas Election Code, the Presiding Judge at City Hall and at least two (2) election clerks shall also serve as the Early Voting Ballot Board to count the ballots received in Early Voting by Personal Appearance and Early Voting by mail. All resident qualified electors of the City shall be pennitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election of May 3, 2003, and voting machines are hereby adopted as the method of voting at such election. Should a runoff election be required following the canvass of the May 3, 2003 election, the Council hereby orders that a runoff election be held on Saturday, June 7, 2003. The polling place on election day for the runoff election shall be at the same polling places as those of the original election, and the hours of voting shall be between 7:00 a.m. and 7:00 p.m. e Resolution No. 2003-009 Page 2 of 4 e The Presiding Judges and Alternate Judges presiding over the General Election held on May 3, 2003, are hereby appointed to preside over the runoff election. 4 8 Should a runoff election be necessary, early voting by personal appearance for the runoff election shall be held at the office of the City Secretary at North Richland Hills City Hall (the Pre-Council Room and City Council Chambers shall be considered an extension of the City Secretary's office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas, between the hours of 8:00 a.m. to 5:00 p.m. on each day that is not a Saturday, Sunday, or an official State Holiday, beginning on Wednesday, May 21,2003 and continuing through Tuesday, June 3, 2003 until 5:00 p.m. 6 10 12 14 16 Section 10. The Presiding Election Judges shall be compensated at the rate of$8.00 per hour and each Alternate Presiding Judge and Election Clerk shall be compensated at the rate of $7.50 per hour. The Presiding Election Judges shall also be paid the additional sum of$25.00 for delivering the returns of the election. 18 20 22 Section 11. This resolution shall be construed with Resolution No. 96-11, passed February 12, 1996 providing for joint elections held with the Birdville Independent School District, so as to give effect to both resolutions. 2_ AND IT IS SO RESOLVED. 26 PASSED AND APPROVED on the 5th day of February, 2003. 28 CITY OF NORTH RICHLAND HILLS 30 32 By: 34 Oscar Trevino, Mayor ATTEST: 36 38 Patricia Hutson, City Secretary 40 APPROVED AS TO FORM AND LEGALITY: 42 44 George A. Staples, Attorney e Resolution No. 2003-009 Page 3 of 4 e 4 e e APPROVED AS TO CONTENT: ØatlUètP,~ Patricia Hutson, Department Head Resolution No. 2003-009 Page 4 of 4 :,. , "'" '/ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 2/5/03 Subject: Award of Bid to Williams Landscape. Inc. in the Amount of $31 ,652.53 for the Construction of Planter Walls, Irrigation and Landscaping and Approve Resolution No. 2003- 014 Agenda Number: PU 2003-006 The Planter Wall Project consists of masonry planter walls, irrigation and landscaping around the park signs at Cross Timbers Park, Adventure World Playground, Green Valley Park and Linda Spurlock Park. Funding, in the amount of $45,000, for this project was approved in the FY01-02 CIP Budget. 7 bids were received on January 10,2003, as follows: Williams Landscape J & J Sprinkler Hardscape Construction Qualitiscape Sprinkle 'N Sprout Phillips Lawn Sprinkler New World Industries $31,652 $41,700 $47,084 $49,282 $49,380 $57,210 $86,971 Based on their references, Williams Landscape has an impeccable reputation for providing high quality work, in a timely manner, and at a reasonable cost. This project is in accordance with City Council Goal #2 regarding quality development and City Council Goal #5, providing quality of life amenities for the community and supports the goals and recommendations of the City Image Study. Recommendation: To award the contract for the construction of the Planter Wall Project to the low bidder, Williams Landscape, Inc., in the amount of $31,652.53, to amend the FY 2002/03 CI P Budget to reflect the expenditure, and to approve Resolution No. 2003-014 authorizing the City Manager to execute the contract. Finance Review ~\L~ l\-/ De artment Head Si nature Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of 1 ... . . . .. RESOLUTION No. 2003- 014 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, that: The City Manager is hereby authorized to execute the contract with Williams Landscape, Inc., for the construction of planter walls, irrigation and landscaping, and to amend the FY 2002/03 CIP Budget to reflect the expenditure, as act and deed of the City. PASSED AND APPROVED this 5th day of February 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ~~ Jim Browne, Director of Parks & Recreation ~ , Parks & Recreation Capital Projects Miscellaneous Park Structures 94-09-92-023 PROJECT DESCRIPTION & JUSTIFICATION This project provides for improvements at various parks to include the installation of bleachers, trash receptacles, benches and picnic tables. The installation of park fumiture at existing park sites is primarily based on park user requests and general park use which dictates the need, such as excessive trash suggesting the need for trash receptacles and requests for bleachers and park benches resulting from daily park use pattems. This project also includes funding for installation of planting walls, landscaping around parks and identification signs to enhance the parks system image. The planter wall portion of the project consists of masonry planter walls, irrigation and landscaping around park signs at Cross Timbers Park, Adventure World Playground, Green Valley Park and Linda Spurlock Park. PROJECT STATUS Original 2002/2003 Original 2002/2003 Start Date Revision End Date Revision Planter Wall Project 06/2002 09/2002 09/2002 04/2003 REVISION EXPLANATION Planter walls at each of the sites was adopted in the 2001-2002 CIP Budget, but funds have not been appropriated for the 2002-2003 fiscal year. Therefore, this revision is necessary for Parks & Recreation to gain legal expenditure authority. As shown below, the existing funding allocation is higher than the proposed contract amount. It is proposed that the funding be revised accordingly, which will make $13,345 available for future needs of the Parks & Recreation Development Fund. Please refer to project cover sheet for additional information. FINANCIAL DATA 200212003 Total Funding Source Amount to 200212003 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks & Recreation Sales Tax $45,000 $0 $31,655 $0 $31,655 (Planter Wall Allocation) 0 0 0 0 0 Total $45,000 $0 $31 655 $0 $31,655 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 0 0 0 Construction (Williams Landscape) 0 0 31,655 0 31,655 Total $0 $0 $31,655 $0 $31,655 IMPACT ON OPERATING BUDGET Nominal impact is expected. Annual Operating Impact Pro·ected CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 2/5/03 Subject: Award of Bid to John Deere Landscape in the Agenda Number: PU 2003-007 Amount of $27,590.00 for the Purchase of Hardware Necessary for Tucor Irrigation Conversion and Approve Resolution No. 2003- 015 The Tucor Conversion Project includes the purchase of the equipment necessary to convert several irrigation systems in the park system to the Tucor product. The parks that will be upgraded include Bedford-Euless Road Greenbelt, Walker's Creek Park, Green Valley Community Park, Richfield Park, Richland Tennis Center and Northfield Park. The Tucor system is an irrigation control system that interfaces with irrigation software to allow accurate control and monitoring to more efficiently manage the use of water and the save extensive labor and potential water loss due to equipment failure. All new irrigation systems being installed are Tucor System and this project will allow for the conversion of existing systems to the Tucor system. Once the materials are purchased, the installation will be done "in-house" by park maintenance staff. Funding, in the amount of $60,000, for this project was approved in the FY01-02 CIP Budget. This project was put on hold to allow the manufacturer to upgrade their software to be compatible with the department's recent upgrade to the Windows XP operating system. After TUCOR upgraded their software, bids for the project were solicited. 3 bids were received on December 11, 2002, as follows: John Deere Landscape Metro Irrigation Supply Co. Z WaterWorks $27,590 $30,621 $49,297 This project is in accordance with City Council Goal #2 regarding quality development. Recommendation: To award the contract for the purchase of Tucor conversion hardware to the low bidder, John Deere Landscape, in the amount of $27,590.00, to amend the FY 2002/03 CIP Budget to reflect the expenditure, and to approve Resolution No. 2003-015 authorizing the City Manager to execute the contract. Finance Review c- -\¿ ~q .Qv.~ --- De artment Head Si nature /" I .' :î / lìV' 125-0000-604.79-00 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of 1 .. . . . RESOLUTION No. 2003- 015 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, that: The City Manager is hereby authorized to execute the contract with John Deere Landscape, for Tucor Irrigation Conversion Hardware, and to amend the FY 2002/03 CIP Budget to reflect the expenditure, as act and deed of the City. PASSED AND APPROVED this 5th day of February 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: --L~ Jim Browne, Director of Parks & Recreation .. Parks & Recreation Capital Projects rucor Irrigation Conversion Project No. (Pending Council Approval) PROJECT DESCRIPTION & JUSTIFICATION This project includes conversion of the irrigation system at six Parks & Recreation facilities to TUCOR. The TUCOR System is an irrigation control system that interfaces with irrigation software to allow accurate control and monitoring to more efficiently manage the use of water, and to save labor and potential water loss due to equipment failure. It is proposed to purchase the equipment from John Deer Landscape and perform in-house installation. The cost breakdown can be found below. The irrigation system conversion was introduced and approved in the 2001-2002 CIP Budget. Six different projects received funding: Bedford Euless Road Lanscape Imp., Girl's Fastpitch Softball Complex (Walker's Creek Park), Green Valley Soccer Complex, Richfield Park Improvements, and Richland Tennis Center / RHS Practice Fields. If Council approves this revision, then the TUCOR funding allocated to each of the six projects will be transferred to a single project entitled ''TUCOR Irrigation Conversion" to provide for more efficient management and accounting of the proposed contract. The sites selected for improvements will remain unchanged. PROJECT STATUS Original 2002/2003 Original 2002/2003 Start Date Revision End Date Revision System Conversion 02/2002 02/2002 03/2002 03/2003 REVISION EX PLANA TION Irrigation conversion at each of the six sites was adopted in the 2001-2002 CIP Budget, but funds have not been appropriated for the 2002-2003 fiscal year. Therefore, this revision is necessary for Parks & Recreation to gain legal expenditure authority. This revision will also combine the six projects from the 2001-2002 CIP Budget into one project as explained in in the Project Description. & Justification section above. This will simplify project tracking and accounting. As shown below, the existing funding allocation is higher than proposed expenditures. It is proposed that the funding be revised accordingly, which will make $17,410 available for future needs of the Parks & Recreation Development Fund. Please refer to project cover sheet for additional information. FINANCIAL DATA 200212003 Total Funding Source Amount to 2002/2003 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks & Recreation Sales Tax $60,000 $0 $42,590 $0 $42,590 0 0 0 0 0 Total $60,000 $0 $42 590 $0 $42,590 Project Expenditures Engineering $0 $0 $0 $0 $0 Equipment Purchase (John Deer) 0 0 27,590 0 27,590 Construction (In-House) 0 0 15,000 0 15,000 Total $0 $0 $42,590 $0 $42,590 IMPACT ON OPERATING BUDGET Nominal impact is expected. Annual Operating Impact Pro·ected CITY OF NORTH RICHLAND HILLS epartment: Finance /Information Services Council Meeting Date: 2/5/2003 Subject: Award Contract for GIS Water, Wastewater and Stormdrain Agenda Number: PU 2003-008 System Update to Applied Technological Services - Resolution No. 2003-013 In the 200212003 CIP budget, Council appropriated funds to outsource data updates for the GIS Water, Wastewater and Storm Drainage System Update Project. These projects consist of updating and/or creating water and wastewater utility feature data as well as the conversion of existing system inventory in the Graphical Information System (GIS). It will also provide the necessary mapping to establish a Storm Water Management Program that will meet the Environmental Protection Agency. The GIS water and wastewater data and maps have not been updated since 1994, and the drainage system maps have not been updated since 1985. These are critical datasets for Public Works annual inventory cost update, mapping, analysis and locating infrastructure. The Water System is also vital information for the Fire Department personnel when trying to locate fire hydrants for emergency and maintenance purposes. Requests for Proposals were solicited for the outsourcing of this project. Proposal$ were received from the following companies: Applied Technological Services, Inc. EI Technologies, LLC Utility Automation Integrators, Inc. Freese and Nichols, Inc. IT Nexus, Inc. GeoDecisions A committee comprised of members from Information Services and Public Works evaluated the proposals using the following criteria: related project experience, number of similar projects and results of reference checks, financial stability of the company and resources to complete the project, project understanding, qualifications of project staff, the ability of the vendor to meet the RFP requirements, and project cost. Ii ,,~-;;::S f/æt1Acs ----. Department Head Signature Finance Review 2.-IO-03-C03 ~Ì1"'~ Account Number 10 -() ;]-0 ./r¡ c ú.::.:. ~p 1n1-L- S~fficient Funds Ava. ¡a e 0 2.-,0 -c ~ --£>;;:.. '- \. uh - 'k pPœ~Ñ4- ~Z.()-70'~, to - D ~-o è. - ¿,c.o:;. ~c;.t' rnL ~ ~tIr..'"L~'" B"get MOO'''; Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~ ~ >, CITY OF NORTH RICHLAND HILLS e Based on the qualifications of each firm and the pricing proposed by each firm, the Committee chose to conduct interviews with two firms - Applied Technological Services (A TS) and EI Technologies. As a result of the interviews, the evaluation process, and reference checks, the Committee is recommending the contract for this project be awarded to Applied Technological Services, Inc. ATS has existed since 1989, and the project staff has 99 years of combined experience. This company has Developed GIS Infrastructure for over 30 municipalities, and has provided similar services to those we are requesting for Garland, Grand Prairie, Brownwood, and the DFW Airport. The company's corporate office is located in Dallas, and the project manager lives in North Richland Hills. In addition, ATS has an excellent reputation in the GIS industry, and all references were excellent. In comparison, EI Technologies project staff has 60 years of combined experience, and has worked with several municipalities (only 10 were identified in the company's proposal). EI Technologies corporate office is in Colorado, and the only Texas location is in San Antonio. References for EI Technologies were good, but A TS reputation and references were better. Cost Proposals were as follows: Applied Technological Services $130,437 EI Technologies $179,700 Cost proposals received from the other companies started at $245,000 and went up to $545,000 for these projects. Funds are available in the CIP and operating budgets for this project. Recommendation: To award the contract for the GIS Water, Wastewater and Stormdrain System Update Projects to Applied Technological Services, Inc. and approve Resolution No. 2003-013 authorizing the City Manager to execute the agreement. CITY COUNCIL ACTION ITEM .. e e RESOLUTION NO. 2003-013 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 APPLIED TECHNOLOGICAL SERVICES for the GIS Water, Wastewater and Stormdrain System Update, Proposal 02-1063, as the act and deed of the City. PASSED AND APPROVED this 5th day of February 2003. APPROVED: Oscar Trevino Mayor e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance e e e UTILITIES INFRASTRUCTURE DATA CONVERSION AGREEMENT FOR GIS PROFESSIONAL SERVICES This Agreement is made by and between City of North Richland Hills, Texas (hereinafter called "City") and Applied Technological Services, Inc. (hereinafter called "Contractor") on this stn day of February 2003. WHEREAS, the City desires to have it's utilities infrastructure converted from raster images into the GIS for use throughout the City (hereinafter called "the Project"); and WHEREAS, Contractor desires to perform as an independent contractor certain consulting services and utilities data conversion in connection with the Project upon the terms and conditions contained in this Agreement; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: 1. Description of Work This Agreement requires that the Contractor provide related and dependent services to be defined by separate and sequentially assigned and mutually agreed upon Task Orders. Each Task Order is a contractual instrument into which the General Provisions of this Agreement are incorporated. Task Orders shall be formatted as in Exhibit "A" of this instrument. Task Orders are binding only after acceptance by both parties. Upon acceptance of a Task Order the Contractor agrees to its terms and conditions and those of this Agreement. Each Task Order shall govern the parties' rights and obligations with respect to each assignment, but all within the framework of this Agreement. In the event of an inconsistency between the terms of any Task Order and terms of this Agreement, the terms of this Agreement shall prevail. 2. Compensation City shall pay Contractor in accordance with Section B of Exhibit A. Invoices shall be submitted in duplicate and shall contain the following information: Task Order Number, period during which services were performed, the aggregate of payments by sub-task and percent completed. If City objects to any statement submitted by Contractor, City shall so advise Contractor in writing. All invoices shall be paid within thirty (30) days of the invoice date. Contractor requires a tax exemption certificate on file before removing applicable tax on any total amount. e 3. Term This Agreement shall remain in effect for a period of one year from the date of execution or until full completion of the project. Which may, at the City's option extend this Agreement on the anniversary date, unless this Agreement is terminated in writing. All Work to be performed by Contractor shall be of good quality and shall be performed in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent professionals engaged in the same or similar projects. Contractor shall perform the Work as described herein and shall comply with all applicable laws, rules and regulations. If written notice describing tolerance errors is delivered to Contractor by City within one hundred twenty (120) days after completion of the Work, Contractor agrees to rectify the error at its own expense. However, nothing herein contained shall be construed to mean that the Contractor shall be liable or responsible for rectifying the errors or omissions of others who contribute to the Project without regard to causation factors. 4. Miscellaneous Provisions 4.1 Additional Work e Contractor represents that, in its professional opinion, the utilities data conversion and procedures contemplated by this agreement, can be accomplished for a cost not to exceed $130,473 and in the time period contemplated. If the Contractor is of the opinion that any work it has been directed to perform is beyond the scope of the task order and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, a written supplemental work authorization will be executed between the City and Contractor. The Contractor shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of an additional task order. 4.2 Governing Law The parties agree that this Agreement shall be governed by, subject to, and construed according to the laws of the State of Texas. 4.3 Entire Agreement e Upon execution of this Agreement, the City and the Contractor agree to the terms and conditions specified herein. Further, both parties agree that the provisions of each subsequent Task Order issued under this Agreement, including any additional terms and conditions therein specified and documents incorporated, constitute the entire agreement between the parties hereto and supersede all prior understandings, offers and agreements relating to the subject matter hereof. 2 e e e 4.4 Modification of Terms This Agreement and any Task Order issued hereunder may be accepted only by both parties written agreement to all terms and conditions, which are incorporated or added as supplements or attachments hereto. No additional or differing terms and conditions proposed by the Contractor shall be binding on the City without the written consent of the City. No other addition, or modification to, or waiver of any of the provisions herein contained shall be valid unless made in writing and executed by the City and the Contractor. 4.5 Notices Any notices required by this Agreement shall be made in writing to the address specified below: City: City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 ATTN: Donna Enos Contractor: Applied Technological Services, Inc. 255 S. Denton Tap Road, Suite 200 Coppell, TX 75234 ATTN: NRH Project Manager 4.6 Warranties Notwithstanding inspection and acceptance by the City or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this Agreement will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of the Task Orders. The City shall give written notice of any defect or nonconformance to the Contractor within one hundred twenty (120) days of acceptance. If the Contractor is required to correct products or re-perform any services it will be at no cost to the City. 4.7 Termination The City by written notice may terminate this Agreement and any Task Order hereunder, in whole or in part, at will and without cause. In the event of termination, the City shall be liable only for payment in accordance with the payment provisions of the Task Order for services rendered up to the effective date of the termination, whether such services under the Task Order are completed or in process. 3 e e e 4.8 Assignment Contractor shall not assign any rights or claims under this Agreement without the prior written consent of the City. It is understood that services and products prepared under individual Task Orders are for the benefit of the City and that such services and products are neither guaranteed nor warranted to successors in interest of the City. 4.9 Enforcement In the event that it shall become necessary for either party to enforce this Agreement as a result of a breach by the other party, the non-defaulting party shall have all of the remedies available to it in law or in equity, including reasonable attorney's fees. 4.10 Disputes Any dispute concerning issues arising under a Task Order which is not resolved by agreement of City and Contractor may be settled by appropriate legal action at law or in equity or by such other procedure as may be agreed by the parties. Pending resolution of a dispute the Contractor shall proceed diligently with the performance of the Task Order. 4.11 Indemnity Contractor will indemnify City, City's agents, employees, and officials, from and against any and all claims of causes of actions by any third party, employee, etc, arising out of the performance of this Agreement, including attorney's fees and expenses. Executed in duplicate originals by City and Contractor on this 5th day of February 2003. CITY: CONTRACTOR: City of North Richland Hills Applied Technological Services Inc. 7301 NE Loop 820 255 S. Denton Tap Road, Suite 200 North Richland Hills, TX 76180 Coppell, TX 75019 Larry J. Cunningham, City Manager Bruce Martin, President 4 e Exhibit "An TASK ORDER NUMBER 01 This Task order is made as of this 5th day of February 2003 under the terms and conditions established in the UTILITIES INFRASTRUCTURE DATA CONVERSION AGREEMENT FOR PROFESSIONAL SERVICES, dated the 5th day of February 2003 (the Agreement), between City of North Richland Hills, Texas (City) and Applied Technological Services, Inc. (Contractor). This Task Order is made for the following purpose; consistent with the Project defined in the Agreement: Section A. - Scope of Professional GIS Services Contractor shall perform professional services regarding the data entry for water, wastewater, storm drain/channel, and watershed information into the City's Geographical Information System (GIS) using the following guidelines: TYPE OF DATA CONVERSION / UPDATE This data çonversion/update project will include the following different types of data to be converted or updated into vector format: e · Utilities Data - Water, Sanitary Sewer, Storm Drain/Channels (including stream and lake centerlines for connectivity in the GIS system). · Landscape Data - Watershed and Storm Drain Sub-Divide Areas for Points of Concentration. All data coordinates shall be referenced to the Texas State Plane Grid, North Central Texas Zone 5351, North American Datum 1983. All spatial data shall have closure and/or connectivity, direction, elevation, unique feature IDs, and the necessary attributes such as installation date, material, dimensions, descriptions, and related coding, etc. to perform complex and detailed mapping, and analysis for the City's use. All map compositions, plot files, and hardcopy output in the project shall be designed to utilize an automated means (such as AML programming and no manual entry of features or annotation) of generating the map compositions for future dataset updates by the City. All map hardcopy output shall also maintain to the standard dimensions, scales, symbology, and colors already in use by the City. In general, the maps shall contain the standard layouts, output, and overall look of existing maps; however, the City will allow the Contractor the flexibility to be creative with map design output with prior approval of the City's Project Manager. e 5 e e e PROJECT OBJECTIVES To update and or create the existing GIS water, wastewater, storm drain/channel utilities, and watershed/sub-divide dataset graphics (lines, points, polygons, and annotation) to reflect the city's current utility systems real world layouts. Enhance and develop the existing GIS dataset attributes, map compositions, and hardcopy maps for water utilities, wastewater utilities, and storm drain/channel utilities with watershed/sub-divides. This development shall meet today's GIS principles and technological standards for the City's staff usage and data sharing (Le. GIS data clearinghouses) with entities outside the City (Le. North Central Texas Council Of Governments, EPA, Emergency Services, Homeland Security, etc). Contractor will produce detailed metadata of the data sets and maps forming to ESRI Metadata standards model. (Metadata is information about the derivation and updates of the dataset. Metadata helps to determine a dataset's suitability for users needs, and provides information about accessing and using the datasets.) Contractor shall create for each of the three utility systems (water, waste water, and storm drain/channel with watershed/area sub-divides) reproducible and modifiable color digital (ArcPlot) map compositions for plotting: 60"x84" at 1"= 500' scale, 30"x42" at 1" = 1 000' scale, grid atlas maps 11"x17" at 1" = 200' scale containing the utility system involved and other related information where necessary such as parcels, addresses, pavement, building footprints, grids, facility names, etc. Grids will be based on a NAD83 coordinate numbering scheme provided by the City. Contractor will create for each of the three utility systems (water, waste water, and storm drain/channel with watershed/area sub-divides) PostScript and RTL plot files of the map compositions in above Section 41.02(d). Contractor shall develop concise standard procedures and documentation for the City's GIS Division to continue the updates to the datasets and digital (ArcPlot) map compositions after completion of this project. 6 e e e UTILITIES DATA CONVERSION / UPDATE SPECIFICATIONS Contractor shall provide the completed vector data layers and associated attributes of the project area depicting the required utilities features for the project area as specified in the database design. It shall be noted that some of the features, such as booster pump stations, water towers, and/or meter stations, etc., may fall outside of NRH into other municipalities. (a) UTILITIES DATA TO CONVERT Contractor shall create/update utility layers consisting of topologically correct water, wastewater, and storm drain/channel utilities, containing features such as mains, valves, manholes, junction boxes, and other features with specific attributes as well as additional attributes such as size, type, elevation, material, installation dates, etc. All data conversion should conform to the database design provided in Appendix B of the original RFP. Please note that all fire hydrant points are current in the water system database. Any source data regarding fire hydrants spatial location shall be ignored. Fire hydrant attribute values are not to be changed or updated except for attribute fields that are added by the Contractor. Note: With prior approval, the City will allow the Contractor the flexibility to be creative in the database and map composition designs as long as they conform to today's GIS utility attribute standards. (b) UTILITIES SOURCE MAP AND DATA City will provide Contractor with the required source material to convert the utilities database in an organized manner that allows the Contractor to more efficiently perform the City's desired tasks. In most cases the source material is "As-Built" (Record Drawing) and/or other construction plans scanned into TIF/CCITTG4 400dpi images by the Information Services Department - GIS Division, the existing utility datasets in ESRl's EXPORT with COVER option format, and any existing maps in hardcopy, image, and/or electronic plot files. (c) UTILITIES DATA QUANTITY A quantitative description for every feature such as fire hydrants, manholes, etc. needing updating is not possible; therefore, a quantity summary for each of the three utility systems requiring updating is as follows in approximate linear feet: · Water System - approximately 439,300 linear feet (from 1994 to present). · Wastewater System - approximately 344,545 linear feet (from 1994 to present). · Storm Drain System - approximately 230,904 linear feet (from 1985 to present). 7 e (d) DATA PRECISION Contractor shall maintain spatial data x,y location of utility features within ±2.5 feet tolerance. LANDBASE DATA CONVERSION / UPDATE SPECIFICATIONS Contractor shall provide the completed vector data layers and associated attributes of the project area depicting the required land base features for the project area as specified in the database design. It shall be noted that some of the features may fall outside of the City's into other municipalities. . (a) LANDBASE DATA TO CONVERT Contractor shall update a land base layer consisting of topologically correct watersheds and sub-divides areas with points-of concentration to inlets and channels with specific attributes. All data conversion should conform to the database design provided in Appendix B of this RFP. Note: With prior approval, the City will allow the Contractor the flexibility to be creative in the database and map composition designs as long as they conform to today's GIS watershed attribute standards for data sharing. e (b) LANDBASE SOURCE MAPS AND DATA City will provide the Contractor with the required source material to update the hydrography and watershed data sets in an organized manner that allows the Contractor to more efficiently perform the City's desired tasks. In most cases the source material is "As-Built" (Record Drawing) and/or other construction plans in TIF/CCITTG4 400dpi images scanned by the Information Services Department - GIS Division, and existing 2-foot contours, watershed, lakes, and streams datasets in ESRI's EXPORT with COVER option format. Also available are 2001 Color Digital Aerial photos (1' resolution) flown and created by VARGIS, Ltd. (c) LANDBASE DATA QUANTITY Because a quantitative description is not possible for these features, the quantity is defined as approximately 18.23 square miles or the entire City of NRH, plus areas where drainage exits and reenters the City (not included in the 18.23 square miles total) . e 8 e CONTRACTOR PROJECT APPROACH (a) PROJECT KICKOFF The project will be initiated with a project kickoff meeting. During this meeting we will review the project requirements, project schedule and the source data. We will also review data exchange procedures, data preparations and document control. (b) SOURCE DATA RELEASE The City will release the required source data for phase One to Contractor. This data will be inventoried and archived in its current condition, which will document the starting point of the project. The raster images will be catalogued into a database with additional columns to identify the completion of the major tasks. (c) PROJECT SETUP e The City's existing GIS land base will be loaded onto Contractor's GIS server. The projection system, units and coordinates will be validated. The raster images will be registered onto the existing GIS land base. As the images are registered, the database will be updated to reflect this ·and the grid location of the image will also be noted. The image registration will be validated to confirm the line work to be captured from the raster image is within the accuracy tolerances of the City relative to the existing GIS land base. This step will be performed using MicroStation and I/RasB. The images will then be saved as GEO-TIFF's. This will provide the Contractor and the City quick access to the source image during quality control checks. (d) DATA CONVERSION Based on the accuracy of the image registration, Contractor will capture the line work using semi-automatic vectorization methods, trace digitized methods or they will be captured using the dimensions noted on the raster image. The exact method used will be one that insures the resulting line work is clean with a minimum number of vertex and within the 2.5' accuracy specified by the City. As the line work is captured the non- graphic attributes available on the images will be loaded onto the graphics as well as the appropriate metadata. When attribute fields that are expected to be available are not found on the raster images a flag would be set in the database so these records can be identified for further research by the City. As each image is converted, the image database will be updated to reflect the completion of this task. The line work topology will then be validated and all underlover shoots and dangles will be identified and corrected. This work will be performed with GeoMedia Professional software. This workflow is efficient, accurate and has been successfully used on other projects requiring ESRI final delivery file formats. e 9 e Several GIS Technicians will perform the data conversion work. Each GIS Technician will be assigned geographic areas within the city to work. The raster images that fall in a geographical area will be identified and assigned based on the grid locations noted in the image database. A large wall map of the City of North Richland Hills will be produced with the geographic area assignments identified. This will simplify edge matching within and between geographic areas. (e) FINAL DATA VALIDATION The GIS data converted will be loaded into ArcGIS for quality control validation. First, the projection and coordinate values will be confirmed. Topology will be validated and check plots produced in order to perform red line checks against the original raster image. Database queries will be ran to identify elements with blank records. Graphic element with blank records will be reviewed against the raster images and updated accordingly. This quality control process will be applied at approximately the 10%, 25%, 50%, 75% and 100% completion milestones to validate the procedures are producing the appropriate deliverables. As the GIS land base is quality control checked, the image database will be updated to reflect the images that have been validated. The dataset will also be released at these approximate completion percentages for review and testing on the City's GIS. (f) PHASE TWO e Phase Two of the project will be executed via the same steps outlined above and the following steps. (g) PLOT FILE SETUP The map atlas will be generated using ArcGIS's ArcMap tool. The map atlas will be programmatically produced using ESRl's Map Book tools. This will allow the City to easily update and modify the map book for future releases. During this process, the Contractor will model these plots after existing plots provided by the City. Contractor will generate sample plots for the City to review. Once approved, the final plots will be setup and produced on paper. (h) BACKUP AND DISASTER RECOVERY Contractor uses Veritas Enterprise backup software. Every machine on the Contractor's network is backed up through a single backup server. Nightly incremental backups and full weekly backups will be performed. The weekly backups alternate across four data cartridges. Contractor also maintains twelve monthly backup tape cartridges that are overwritten once a year. All weekly and monthly tape cartridges are stored off site until they are needed. For a historical record, the Contractor archives individual jobs to CD as they are complete. - 10 e e e PROJECT DELlVERABLES ON CD-ROM (a) DATASETS Water, Waste Water, Storm Drain, and Watershed/Sub-Divides updated in Arclnfo EXPORT with COVER option format and ArcGIS SHAPE format, associated relationship tables, programming, metadata, and update procedure documentation as defined in Section 41 - PROJECT TECHNICAL SPECIFICATIONS, starting on page 25 of the original RFP. (b) MAP COMPOSITIONS Three utility systems (water, waste water, and storm drain/channel with watershed/sub- divides areas) in reproducible and modifiable color digital (ArcPlot) map compositions and programming for generating the map compositions and hardcopy plot files as defined in Section 41 - PROJECT TECHNICAL SPECIFICATIONS, starting on page 25 of the original RFP. (c) PLOT FILES Plot files in ESRI PostScript and RTL formats of all map compositions as defined in Section 41 - PROJECT TECHNICAL SPECIFICATIONS, starting on page 25 of the original RFP. (d) MISCELLANEOUS DOCUMENTATION 1) Detailed documentation describing and referencing datasets, associated tables, associated programs, attributes, values, and their connectionlrelationship with one another for the City's interpretation. 2) Automatic quality assurance routines and detailed documentation showing and describing the results of the checks. PROJECT DELlVERABLES ON PAPER (a) MAPS 1) One 60"x84" at 1 "= 500' scale of each of the three utility systems. 2) One 30"x42" at 1" = 1 000' scale of each of the three utility systems. 3) One grid map atlas 11 "x17" at 1" = 200' scale of each of the three utility systems. 11 e e e Section A.1 - Pricing The cost to perform the services to produce the data deliverables outlined above will be performed for a lump sum price of $130,473. This price is based on the City's personnel organizing and making available the appropriate raster image as-built drawings for the project. It is also based on the estimated utility lengths to convert provided in Section 41.03, (c) UTILITIES DATA QUANTITY, in the original RFP. · Water = 83.2 miles · Wastewater = 65.25 miles · Storm drain = 43.7 miles Additional miles of utility converted over the estimated totals will be billed at $283 per linear mile. Contractor will consult with the City before any overrun labor began. Section A.2 - Project Schedule Contractor will adhere to the Project Schedule outlined in the Contractor's proposal dated October 15, 2002 as modified herein to reflect the notice to proceed date from fueC~. . The modified Project Schedule shall be as follows: Phase I Phase II Start Date 2/05/03 Project Finish 4/24/03 Start Date 4/24/03 Project Finish 7/31/03 Both the Contractor and the City acknowledge that adherence by the Contractor to the Project Schedule set forth herein is essential to this agreement. It is agreed by the Contractor and the City that the actual damages which might be sustained by the City by reason of failure of the Contractor to adhere to the Project Schedule are difficult to ascertain. It is further agreed that Contractor shall credit City $400 per day for each day that completion is overdue, and that this credit is reasonable. If the Contractor is delayed in the final completion of the work for Phase I and Phase II by any act or neglect of the City or of any employee of the City, or by any other contractor employed by the City or by strike, fire, or other similar cause outside of the control of the Contractor and which, in the opinion of the City, could have been neither anticipated nor avoided, then no credit shall be provided to the City by the Contractor. 12 e e e Section B. - Compensation The City shall be invoiced at approximately 25%, 50%, 75% and 100% completion of the project in conjunction with data deliveries. Each invoice will contain an itemized description of completed project tasks as defined in the detailed cost table below. Payment terms are net 30 days. Phase One Tasks Costs $ 24,843.00 $ 43.075.00 Phase One Total: $ 67,918.00 Storm Drain Infrastructure Conversion to GIS Watershed Updates Phase Two Tasks $ 57,536.00 $ 5.019.00 Phase Two Total: $ 62,555.00 Water/Sewer Infrastructure Conversion to GIS Plot File Setup Project Total $130,473.00 In return for the services provided, the City shall pay to the Contractor a total sum not to exceed $130,473 for services outlined in Section A without the written approval of the City. Compensation for additional professional services (if any) shall be paid by City to Contractor according to the following: . Additional miles of infrastructure converted beyond the original mile estimate in Section A.1 shall be charged at a rate of $283 per mile. . Additional days of on-site consulting shall be charged at a rate of $1,250 per day. This price includes all expenses incurred by the Contractor. 13 e e e Section C. - Other Provisions The parties agree to the following provisions with respect to this specific Task Order: Except to the extent modified herein, all terms and conditions of the Agreement shall continue in full force and effect. Applied Technological Services, Inc. City of North Richland Hills By: By: Signature: Signature: Title: Title: Date: Date: 14 7 W"'-:;..., "'." , ... '. CITY OF NORTH RICHLAND HILLS Department: PlanninÇJ & Inspections Department Council Meeting Date: 2/5/03 Subject: Consideration Of a Request From Arcadia HoldinÇJs For Agenda Number: PS 2001-24 The Approval Of The Final Plat Of Home Town East Infrastructure I Addition Located East Of Bridge Street And West Of Cardinal Lane ( 4.6 acres ). Case Summary: The purpose of this request is to approve a street ROW connection from the bridge over the water features in the Home Town development southeastward to the existing Walker Boulevard near Grapevine Highway. Existing I Proposed Use: The plat consists of street ROW only. The ROW will provide public access from the existing residential portion of the Home Town project to the future commercial component of the development near Grapevine Highway. The city's future library and recreation center projects will be accessed by this proposed street. Comprehensive Plan The area traversed by this ROW is entirely within the area noted for Home Town uses by the Comprehensive Plan. Thoroughfare Plan The street ROW width and alignment shown on the plat are consistent with the revised Thoroughfare Plan for the Home Town development. Staff Review The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo concerning this plat from the Public Works Department. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, January 16, 2003, recommended approval of PS 2001-24 by a vote of 7-0. RECOMMENDATION: To approve PS 2001- 24 The Final Plat of Home Town East Infrastructure Phase I. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds AvaIlable _ ~J2~ & Finance Director Department Head Signature ~~ .. Home Town Bridge Steet Bridge Plat (Not filed) Home Town East Infrastructure 1 Abandoned Cardinal Ln. N A NRH PS 2001-24 Final Plat HomeTown East Infrastructure 1 Prepared by Kellie Smith/Planning Dept. 1/8/03 o I 500 Feet I ~ COMMERCIAL STREETS . 70' & I !15' 17' & I i 15' 7" 26' 1 I i 90' 26' 17 15' 1S'min Commercial streets are appropriate for commercial buildings at the Neighborhood Center. Trees are confined by in with areas accommodating street furniture. Clear trunks and high canopies are necessary to avoid interference wit!: . CS- 70-40 CS-90-60 Commercial Street Speed Movement 35MPH Two ways Striped both sides Raised To be determined 70 feet 40 feet I Sfeet 4 feet Individual with tree well Allee 30 feet o.c. l)Sweetgum 2) October Glory Maple 3) Chinese Pistachio Commercial Street Slow Movement 20 MPH Two ways Diagonal parking both sides Raised To be determined 90 feet 60 feet I Sfeet 4 feet Individual with tree well Allee 30 feet o.c. I) Sweetgum 2) October Glory Maple 3) Chinese Pistachio . Parker Boulevard Bridge Street & Grand Avenue . . . 4. PS 2001-24 CONSIDERATION OF A REQUEST FROM ARCADIA HOLDINGS FOR THE APPROVAL OF THE FINAL PLAT OF HOME TOWN EAST INFRASTRUCTURE I ADDITION LOCATED EAST OF BRIDGE STREET AND WEST OF CARDINAL LANE (4.6 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This request is for a final plat involving street right-of-way for the Home Town project. Currently, Bridge Street ends at a bridge that extends over a waterway feature. This street right-of-way would extend the roadway from that bridge to Walker Boulevard over by the Kroger store near Grapevine Highway. Public Works comments ask for the inclusion of all future adjacent street systems. Mr. Green explained that staff realizes that over time those street locations and designs could change, but Public Works would like to have a visual to work from for future street design. The applicant has addressed this comment by showing future streets on both sides of this particular right-of-way. Staff recommends approval. Chairman Bowen called for comments. There were none and the Chairman called for a motion. Mr. Schopper, seconded by Mr. Laubacher, motioned to approve PS 2001-24. The motion carried unanimously (7-0). Page 3 1/16/03 P & Z Minutes NI~H CITY OF NORTH RICHLA.'\JTI HILLS PUbiic ¡NarKs AamlnIS,,3trc'-' . January 28, 2003 MEMO TO: Donna Jackson, Planner FROM: Jon Lovell, E.I.T., Engineer Associate RE: HOMETOWN EAST INFRASTRUCTURE 1 Final Plat; PS2001-24 Public Works has reviewed this final plat All relevant issues have been addressed and the plat meets Public Works requirements. . Sincerely, ;\ ( -- \~/ JRUpwm2003-019 . ':',~ =c:.. 3::C"S~C' . .',. . -:~.-," \JOI'"::ieaSi: _2CC ~:'~ ~ CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 2/5/03 Subject: Public Hearing To Consider a Request From Rebel Agenda Number: PZ 2002-42 Properties LLC For a Zoning Change From "AG" Agricultural to "R-2" Single Family Residential In The 7000 Block Of Hightower Drive And The 7200 Block Of Chapman Road (77.1 acres). Ordinance No. 2684 Case Summary: The applicant is requesting a rezoning from the existing "AG" Agricultural District to "R-2" Residential for the purpose of developing the site as a low density, single. family neighborhood. The site contains 77.1 acres and is located between Hightower Drive and Chapman Road east of Rufe Snow Drive. Existing Land Use/Site Attributes: The site is mostly vacant and is characterized by several fenced pastures for the keeping of horses. The site also contains a stock pond and outbuildings/barns. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the entire site. The applicant's proposed rezoning is consistent with the Plan. Plat StatuslThoroughfare Plan: The applicant has held preliminary discussions with city staff concerning the platting of the site, however, no preliminary plat has yet been submitted. The site has frontage on both Hightower Drive and Chapman Road. Both streets are listed on the Thoroughfare Plan as four lane, undivided collectors (68' ROW). The plan also indicates a north-south, two lane, undivided, collector street (60' ROW) connecting Hightower with Chapman near this area. Drainage: A drainage channel parallels the western and portions of the southern boundary (adjacent existing residential neighborhood) of the site. An additional drainage channel parallels the eastern boundary. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Oth" - J ~c£2~ Account Number Sufficient Funds Available Finance Director Department Head Signature "~~ '8 City M~wre PZ 2002-42 Graham Tract CC . . .. CITY OF NORTH RICHLAND HILLS Adjacent Zoning and Land Use: North: "R7MF" Multi-family Residential "R4D" Duplex Residential "R2-1400" Residential "AG" Agricultural Uses north of Hightower include: apartments, duplexes, single family and Foster Village Elementary School. Uses south of Hightower include large-lot single family. East: "R-1-S" Residential/Large lot single family South: "R-3-1500" Residential (north of Chapman) / Single family "R-3" Residential (south of Chapman) / Single family West: "R-3-1500" Residential/Single Family "C-1" Commercial/Vacant Several citizens were present at the P&Z meeting from the Richfield Homeowners Association. Most of the concerns expressed were regarding not wanting to extend Mesa and Hadley Drive through to the north. Traffic, drainage and park issues were also brought up. The Commission told the audience that these issues would be resolved as part of the plat application. A letter is enclosed from Kathy Luppy, Chairman of the Richfield Homeowners Association. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, January 16, 2002, recommended approval of PZ 2002-32 by a vote of 7-0. RECOMMENDATION: To uphold the Planning & Zoning Commission's recommendation for approval of PZ 2002-42 and Ordinance No. 2684. Agenda Schedule Application: 12/19/02 Final Hearing: 2/5/03 7 weeks PZ 2002-42 Graham Tract CC Page 2 of 2 - 200' I Buffer 1,\ II IIIU/ .~~ , .' . c , ~, II ..."" ,~ ]~~~~~~~~ ~~~~I~~~: t Ii c i ~~!~~~- ~~? ,- ~~;~~ Ic I'~ìì Ic · i : "~:>=.:;;? c :>: ~~c c c ~ ~ c c ':"'~'"'~~~~ . . ,,~~: :_~~~: . : ~:: - - : :~. .. I~~~~~ ~~~1!;'~~i? . ~ ~, c C cccc c' 'cd c c . C C CCcC"'c"c ·c··"'·c' '·'c'·.··c.·c c,.~. ~~c C¡;". ~c -.,. "". "'~.c 2c 3:c ~'. c ~c ~·~c ,. ~~ . '1!'...~~ ~c ,.c ~c ""'c "'c ~. ~. ~è1'cc ~. "'. "'''cc ..,,:? ~. ""'c ~ -.":?c ~c 'c"'" ~. -" ~ 'c"c '-~--~;~?,:?,?~ ~~~:;'~:~£' ~~?~~- ~~~ ~~ ~: ~~- ~~~~~- '~~~?~~ ;- ' ~-~>~~~~~~~~~~~~~::~:~~~ ;·.:···.;·.;·c~·. . ·C'·C;:·c".·'. ?"'. ;¡:c ". ~..a;. :5:'c c ~ ~ "c. .c ~. ~ c'~' C I~c ~ ~.' c· ~ ~~ ~~". . C . ~ ~. ~~~. ··}cc ~c ~~. ? ~c Icc ~." "'. ~c ;s: ;s:. :e. 'i~ 'ì!" 'c' ':";';;~:~~: ;:::;:;:;' ;:~~?;J,:i:~ :;. ~~.¡::'¢~< ~,,~ ~. ~~~"~~~§. ~,.;~ 3;.. .J:""''':?';'¡;~~;:; ·"~"'.4.~"'40"~ ".~~~".~ ~!~"5".:~~"\¡.".¡ ~~ ~~"':<~ ~.... ~ ~ ~~~~ ~~ '.~ ~~~~:¡;__~~""1f: >:;::;;;~ ~~~"':::', ;?'~~~?"::;,. ~.~~~~~~J! ~"'¡:~~ c ~ ~ . c~c ~J,:~ ",~?,~1;1:~:1;?~""<; ';','..:.··20 HE" ~...,..,q:~.<; .,<'i.:"§j;...~~. ~"~"?2i?~~ ¡¡;~~. 'j,".:?,.~~';: ....'ÌÌ~ . 'ÌÌj;-...,.'ÌÌ".:j>~~1!..-..'."...~i..:;5? .~~~:t~~~_~;;"'~?~~)~~;'1;~:;-~ ..~.ç¡'j;, ~~~- ~:.~2~<~~~~:. ~.'t: ' ~.r~~'.i~~~ )t?~_ ' ;~.f.?~~:?~~~-l~~:;~~~~~~~S :;..."."...~ . ~.,.;;î:-..~...?..<;,,;, ~-.....~;:~3;,,{ . ~?~~~-..1!~-..~-.. ~.;¡~~,.-..?" 3:j;~<:~.¡;~:¡;~~~$i:,..¡;?-......,..,??~,. t~~~:~::~~~~~:-:;;?;~~~-.~:-?:~"._:~_' _~_¥.r:4>'~-.r,~~.;~2;"'J~);¡:~,.?..~...~(r ~ ~~~,.~~~~:;~..: ~ '~~~~~~~~_~~~~?1f~~~~:;~~~~:;' ":'."·'W"'''-''~·'';·'-''?'''.'ù1-......"",-..?·,;;:??....W'''~~?.?.~ <: .,,,-..,,..?~,,..j;.~~,, . -"'ÌÌ1:w~ .._.,.-....~.¡;·.,.,'W..~,·,...·Ù ~:::~~~?:~-_:;~:;1;~=:;~~;:;~:t;5~:;:;:;:::?:;;:~-~~?~;~~~.f~~~~~~~~;-:~~. ~- ~f ~~~-£~~?;~~~~ _a _~' ~~.. ~~: ~;:::~?~~~~;;5~:;;;~~~~~ :;""~::"·#~"~~'¡;~"'~'¡;'~·j,-:""~~,,,,~"·~,r~"'......~..'·;'~t~~~~"'''~'': "J!~~"~' '~~"~~~~~"""?~;??~"'~~:~r· ~~"\t. ~}:~"';I.-:¡:.¿- ":i.;?_ ~~:?''''~~~''~~~''''~'¡'i?:'':~''''1i-. ":-:>-~j:,.:-;"'';;~'''..~..-#''j-''''~''''''¡;''''~:''''~~';''>i~~~'';J'~~1t....~~~...~ ~?--~.~".t~~~'~"J!,~~':¡¡' ;,¡.""¡,?:. ,~~ _,.:¡,f~":J.,~"~ ;.,\i~)"~_,,,._jJ.~ :J~~~ ::.J.~,~~)"~"~~"j;#~'·i~ ';' ^;..)...;...... ",.)..~..O:";¡;~À¡:I."i"........,~~'fit.a-'~:~..~"r..·~"J.:Ttäa~....~~~'S......~~-~~~~;¡.~~- '''It''".. .:1t1t~?:_~,......¡,;¡~~""J.~...~~~j.~-,,.~,,.)':~ :..~:òt.... ,~:,t:')..o:~ ; ';,.;'.¡:·cÒ::¡,..J...,.¡.'.....,¡:-...."'À:':.¡.~~í,<", ;...~,g~~Œe~C:I· ,....;.~~".'\t~'...~...,.....'.J....#'S"):,.~..)~"";""..": :"¡¡.~:'.¡;_~i~~.)Í¡.~~..,...i",....;.....;"':J-·:'i~"'.;-"'.i>..;.',.~.;,·...·~.. ^~'»-¡,:;.,.'~; '~i!j~Jii..iiji';!~;IIJI~";!~I,~ ~:~-': ',; ~':.: --; -:' :<~~ ~::i -,~:': >f~-~ ; ¡ .»'~ ·':~;t~;}~:;;:~':-;; ~;~~r:~~;:-:~ :;:~:: ~;':1:;:;:; :;:; :;~~ :';~::l:; ~:;-~;::~;:;':~:~:;·;~1 ~;;;~;~::; ~:'; :;~}~~::~1'::';·:1::;>·~;t:_~,:~:: ;;-. 'j.')"/,;' ;o¡_';".¡.¡.~ ~;";' 0; ',~;. ¡ ;':'~ i";'--~ ';- 'ö "'¡^;. "-,;.".; ".¡-' ~',;.'~¡. '...~';. ".."-_;") ..;............, ';.-":.. "-)'"'j' _T ..~,... "'¡_ - J '..~.. ')"'.. .....;,,;~J~;-~.. ~;- ":;~'~ "..:'; 'J;:" ",¡,"'.;,';' ~..; ';-~.>'" ;'c,¡.~; ':~;-'; ¡." ,--,; ^ ,::r<.¡ ... '..' !-.... ",.....:',;. '.)"4- t",,.."';.' ;'~;'-';:~P-;.·,- .¡.', p.... ...'.. "';~; ';.""", -v;¡. ',¡- '< "...~:¡.~.¡".¡ ·v..;.....~.,.."':¡.:~·i.;''i-....;.' I~;- ';, ':o.~;.. ;¡';'+¡~.y,-" ,; :i;.';- , ~ ~::n:;:: :t~;:t":~::1 ~~~:~;,~~;:::'-: .~ :_Z :~~: :·:";:~~:'r~; .',~~¡>t;:t-; ;:;'¡;' ,;" ~'). .-:¡..:..... '; '~;..:. ._} ~..'''~,;'',¡''''...';' ~';' .c';. ':; ';- '..;.¿...-¡.' ..';.. ¡:'''"ö'¥,;,'; ".."; '."..,"'~ ;'~J'~'''~~'¡-~'''~'¡''';: ~.'o~.,;__~"~_ ;.:".¡';.....; ~J -;.:;, ',~'!;' . ";- '4''\¡ -..::.;.'. ~ ~;.';¡. ..~A,.,"...~~'":;.::;':;-..:;"¡- '¡.' ~ 'o~·¡.' "':¡-,":; y" ,f',;.·.. '~.'.''i-'~ ';' ; ", "c.;.;-~;- ',0::' ¡";. '.¡.~¡ ·';-')--'"'~T '.;;-'~\¡;;.'........" ~-;. , ;-"....;..'-;~.¡. '":,;::;- ';.;-;-;;";-'..-,'\;'''.;. , . , . ;...... r' ¡-~-~ ,.-' ;,'4 "i :.'¡:",¡.' ';.~;^¡. ~ ;.""¡." ,"" ¡. '... > ,; :; .-. ";--.."~ "¡ ~ ,',,- ; ^..¡. ~¡__',' ; ~ ::~~:,',: =r>'t"; ·~~:;~~::',;·tt'·~ :-t:~i >~ ·:~:;:'::f -; ":::; 'Yi- :';·~·~;t·: ·.~,c,;:~ ¡:¡·l.ii¡ 1'¡f:t?¡:~:¡r¡¡; '¡:Hr-¡:i'¡'¡ gt!¡..~. ; .,:;;;';, ,.~ - ;¡~rr¡-¡:i}n1~:!H.l"t:mn !~'¡:¡;':.' :': :::;: ; "r·~,,::t:~,-¡;~~-,:~:l,:~ ^,t' ~.i:'~::;<-;: ,::¡'-;;'f;: ~:i~¡:'i~';<; :t· ';.',' ";:,;'¡:.; ';;.¡': -, ~ .~-<"^;. ~'¡'j ^:.,~ ~;;.:, '" ';"',. '-;';. ,;. '¡,...,." ,_ '. ~,¡.':-> ';.';-"<.';-_¡',¡.:..._:..:~¡, -õ":.;.):;'-.'.. '¡-.. ¡.' ,; '~',..-';.",":- ";.':;: ;- ,.¡..:¡' ; ;-';._...,-~,';>';..;::;.'.. ',~>:>--,¡>,. ''':',;'.. <,;. .-'; ¡j.;;..:,,-,.,;.,., '>;: ' ~ ';·¡~i.¡i¡:!'¡¡i:F¡trN:~~r;[;;·::;;;: ::Y1,?"'; '--.... , - ~ - - / -1.__ 1;.\ ~ :',\ I I I· ,..- - - ------ - - - --- c;. - - ----- - -- - - - - - - - =--- - - - _r-- f¡-- - ¡-- '!' I " " r-- r-- r-- - ==D --' - ..': ' ., I . N A ---1/1 :z¡ .' ,._,. I I I--J' I ¡:=i:1 I I I I I I NRH PZ 2002-42 From AG to R-2 Prepared by Kellie Smith/Planning Dept. 12/31/01 r- ~- ~¿ 7,'-" , " >,~,: , ;. ; .¡.'¡;. ;. :. ¡.;¡ ; .'.. .'. ,.. '7," . " '¡<.';' ;-.' ,¡'¡,,;--';.;.¡ ;.;." ,- ..'; ; ;-.¡.< ';.'¡.~..' '"; '¡-'¡ "';.;. ;- ;.,:- ;- >",~ >". r-;.-:;~; 1~q~r+~'rr ;.: i ¡ ¡¡ ~:~ ;. ',;" ¡ .'- ..¡ ,,' ; '," . . ,,~ ;:' . Iv . ;.;.-, ,¡. i ..'" ..,';¡',.;.-;-,',> ¡ ;';-"'.',1", ,.'r :,::t.~~;,:-,.t',;.~:~ '. :, ~ ¡ ., ,", f'¡';- ;¡'¡ , ¡";-';-,.- ;- ,¡;<- ,", ,// .. c, "', t:71 1':. r--J. o I 200 400 _·____N...__._;__~ - -- ~ ,.'- -,~. ------- - '\ / " . 600 Feet I . . 5. PZ 2002-42 PUBLIC HEARING TO CONSIDER A REQUEST FROM REBEL PROPERTIES, LLC, FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "R-2" SINGLE FAMILY RESIDENTIAL IN THE 7000 BLOCK OF HIGHTOWER DRIVE AND THE 7200 BLOCK OF CHAPMAN ROAD (77.1 ACRES). APPROVED Zoning Administrator Dave Green summarized the case. This request involves a 77- acre tract of land otherwise known as the Billy Graham tract. Billy Graham and Ernestine Graham are the owners of the property; the applicant is Rebel Properties. The applicant is requesting rezoning from AG to R-2. The R2 district calls for single- family homes with 9,000 square foot minimum lots and 2,000 square foot minimum houses. The Comprehensive Plan calls for low-density single-family type uses for this area. This request is consistent with the Comprehensive Plan and staff recommends approval. Chairman Bowen opened the public hearing. Chairman Bowen explained to the audience that the only item for consideration on this case this evening is whether or not R2 is appropriate zoning for this property. Applicant Mark Wood, 6317 Riviera Drive, North Richland Hills came forward to explain that he is requesting R-2 residential, low density, single-family zoning. He emphasized that each lot would be a minimum of 9,000 square feet and each home would be a minimum of 2,000 square feet with side or rear entry garage. Previous developers have considered R-3 or a PD-type of higher density single family projects. Mr. Wood stated that with great difficulty he convinced the landowner that R-2 is all that will get approved for this property. He feels it is what the neighbors and the City want to see for this property. He feels that he will be able to develop a nice community on this property. He stated that it does have issues, such as roads and drainage, which will be addressed in the platting stage. Mr. Wood stated that for the benefit of those in the audience tonight who are concerned about the road issues he would go ahead and explain that there are two road stub-outs on the north side of the Richfield addition. He stated that it is not their intent to connect those roads since that would interfere with the drainage facilities they plan to construct. Their plan is to have two access points on Hightower and one on Chapman but not to connect those streets through the existing neighborhood so that traffic doesn't impact an already existing neighborhood. Walter Crawford, 6801 Mesa Dr., Richfield subdivision, North Richland Hills, came forward. Mr. Crawford stated that Mr. Wood indicated that his intent is to avoid having a through street in the Richfield subdivision. Mr. Crawford wondered if a more definitive guarantee could be obtained from Mr. Wood. Mr. Schopper explained that issues regarding streets will be addresses at the time of . platting. Page 3 1/16/03 P & Z Minutes . Mr. Crawford asked if platting information is available to residents. Mr. Green explained that state law does not require a public hearing for approval of plats. However, when the plat becomes available it becomes subject to public information and would be available to the public for viewing. Chairman Bowen explained that the P&Z Commission cannot guarantee street issues during a zoning change request. He explained that platting cannot be a condition of zoning. Mr. Crawford asked if other developments could occur in the platting phase that would differ from the intent that Mr. Wood stated this evening. Chairman Bowen responded that there are no guarantees regarding platting at this time. The Chairman explained that only the zoning is guaranteed at this time, and he restated that the request for zoning is for R2, which allows minimum 9000-sq.ft. lots and minimum 2000-sq.ft. homes. Chairman Bowen called Roger Pap forward but he declined to speak. . Pat Kinder, 6817 Mesa Dr., Richfield subdivision, North Richland Hills came forward. He stated that he would prefer this land to be rezoned R2, but he is concerned that there is no further input allowed from the public after the zoning change. He asked if there is any opportunity for public comment that would have any bearing on how the streets are laid out at the platting stage. Chairman Bowen explained that there isn't a public hearing on plats. As long as they conform to City ordinances and state laws, the Planning and Zoning Commission doesn't have the capability to turn it down for a straight R-2. Mr. Kinder asked for an explanation of why the previous case on the agenda, which regarded approval of street right-of-way, would come before the Commission, but not the street approval for this project? Chairman Bowen explained that all plats come before the P&Z Commission for approval, which is a public meeting, but plat approval does not require a public hearing and input from the public is not allowed. Mr. Kinder commented that it seems to be a catch-22. He stated that once the approval of the use of the land occurs, there isn't a way for the public to come back and see that the intent is carried out. He stated that it seems that the surrounding neighbors and neighborhood's hands are tied. He stated that they might want to support the zoning change, yet also like to have input on how the streets will go through because the layout of the streets will affect the entire neighborhood. . Page 4 1/16/03 P & Z Minutes . . . Chairman Bowen commented that Mr. Kinder and his neighbors need to talk to the developer regarding the streets. He explained that the Planning & Zoning Commission does not plan the property for the developer. P&Z can make suggestions, but if it meets state law and City ordinances, P&Z can't turn it down. Mr. Kinder responded that if the zoning change is approved then there is no further recourse to having input other than through calls to the builder? Chairman Bowen explained that City staff works with the developer and the public could call staff and get an idea of what is being planned. Mr. Tucker explained that the public has one other recourse and that is to contact their elected City Council representative to express their concerns and make their opinions known so that they do not feel cut off from City government. Chairman Bowen further explained that there are two phases of a plat -- preliminary and final - and that the final plat goes to City Council for approval which is the last avenue. Mr. Wood asked to make a comment. He stated that they want to be good neighbors and that although the platting process is not a public hearing, he explained that there will be at least three more public meetings during the platting process. He stated that the preliminary plat will be a basic layout of the streets. He stated that the Planning and Zoning Commission will have to approve the preliminary plat. He stated that they will then come back after the engineering is done and present the final plat for P&Z approval and then the final plat will go to the City Council for approval. He stated that although those meetings will not be public hearings, he felt that the Commission would allow the public to ask questions. Mr. Wood stated that he would be more than happy to coordinate information through the representative of the homeowners association. He stated that once he has the preliminary plat, he would be willing to make reduced copies available to the homeowners association, as well as make them aware of the meetings. He assured those present that they do not want to put the streets through. Chairman Bowen read the following names: Willadene Mills, 6853 Richfield Dr., didn't put down if for or against, she chose not to speak. The following checked that they were against but didn't wish to speak: Christy Mc Daniel, 6704 Hadley Dr., Billy Thompson, 6852 Richfield Dr., and Paul Huffman, 6800 Hadley Dr. Kathy Luppy, 6856 Richfield Dr., North Richland Hills came forward. She is the Chairman of the Richfield Home Owners Association. She represents 150 homeowners in the neighborhood. She has lived in this subdivision for 18 years. She commented that if it was going to be rezoned, she feels R-2 would be the best zoning for this property; however, they want to be part of the planning process because it does affect all 150 homeowners in the neighborhood. The neighborhood is enclosed. The streets have the potential of being opened up and they want the developer to know that they have a real concern about that. They were able to talk to previous developers and Page 5 1/16/03 P & Z Minutes . . . allowed to give their input. She hopes that their voices will be heard with this new developer. She stated that they do not wish to see apartments built behind their homes. Chairman Bowen explained that the Comprehensive Plan calls for low-density use, not higher density multi-family use, for this property. He explained that the applicant's request meets the Comprehensive Plan requirements. Chairman Bowen called on John McDaniel, 6748 Hadley, who checked "against" on his card. Mr. McDaniel did not wish to speak. He then called Cindy Ballas, 6809 Mesa Dr., who checked "against" on her card. Ms. Ballas did not wish to speak. The Chairman called Jeff and Theresa Funk. They live at 6753 Hadley and checked "against" on their card. They did not wish to speak. Scott Swanson, 6832 Richfield Dr., North Richland Hills stated that his property backs up to this proposed low density. He stated that half-acre lots are not low density. He stated that this will add 150 homes which will destroy the infrastructure which already doesn't exist -- to allow traffic to go in and out around their complex. He stated that it is hard to get in and out of Chapman with the current population. He commented that there is a great ecosystem there that the Council should consider doing something with. The drainage has provided a wonderful, natural resource for the local wildlife, which is running out of space. He stated that he is not a bird lover, but his two kids go into the backyard to play with the horses and the cows and they see the wildlife and it is a nice atmosphere for them. He believes the Council can do better. He would like to see the lot sizes expanded. He suggested putting in mini ranches. He said there are plenty of people with a lot of money who would come to that land and buy a five-acre lot with a house. He has been in the construction business 20 years and when this project is developed he knows exactly what he is in store for. He stated that he will sell if it is rezoned R2 because he is not willing to put up with the three year construction process. He stated that there is a lot of land out there and the owners are very nice people. He asked the Commission to reconsider R2 and go with a larger lot size and put something unique in there. He stated that North Richland Hills is a wonderful place and that P&Z has done a good job of maintaining the growth. He asked the Commission to not bend under the pressure. He stated that half-acre lots are ridiculous. Drainage problems will continue as they start to build. Who is going to get flooded out in the interim? Who is going to be liable for that? Are the homes going to be one-story or two? He doesn't wish to have someone looking into his backyard. Mr. Swanson offered several other solutions other than R2. He eventually concluded with requesting that the Commission think about the ramifications of R2 zoning to the area with the number of people who will inhabit that area, as well as the ramification to his property value. Cary Blocker, 6816 Hadley Dr., North Richland Hills stated that he put down on his card that he is against this proposal, however, his main reason for attending this meeting was to express his desire, to the developer, that the streets not be cut through, or if they Page 6 1/16/03 P & Z Minutes . were, to not cut them through direct to Hightower. He stated that there are many children who live and play on Hadley and he would not wish to see additional traffic going up and down that street. Chairman Bowen read the following names who had checked that they are against the project, but did not wish to speak: Gary Tomerlin, 6825 Megan; Susan Hazlett, 6825 Richfield Dr.; Liz Huggins, 6712 Hadley Dr.; Tom Bridges, 6721 Megan Ln.; Tracy & Michael Wood, 6724 Richfield Dr.; and Gary Yardley, 6704 Megan Ln. Leo Morgan, 7317 Chapman, North Richland Hills stated that he does not wish to lose the AG zoning on his property. He moved here four years ago. He had 3.3. acres, but a drainage ditch that was put in took a little over one acre of his property. He has animals and he moved to his property to have the "inside the town" convenience plus have his horses. His property is 220-ft. wide and 770-ft. deep. He agrees with the other gentleman that ranchette estates would be great. Chairman Bowen explained that this zoning request would not affect the zoning of Mr. Morgan's property. Chairman Bowen called the following people who are against but did not wish to speak: Ronnie and Shelley Keeble, 6812 Richfield; Mr. Wytcherley, 6800 Mesa Dr.; and Brian and Amanda Sinclair, 6808 Hadley Dr. . Charles Holliman, 6836 Megan, North Richland Hills, stated that he is concerned with taxation. He stated that he believes it is state law that when a property is rezoned from AG to Residential that there is a penalty and five years of back taxes must be paid on that property at its appraised value. He stated that the school system is going to be burdened with 300-400 additional students. That money could be used to take care of other things. He stated that he wants to make sure that there isn't a sweetheart deal being passed by the Council member back to the buyer and seller because there is a significant amount of money being passed through this transaction. Chairman Bowen stopped Mr. Holliman and explained that the P&Z Commission is not here to listen to comments that impugn anyone's integrity. He stated that the P&Z Commission is here to address a zoning issue. Mr. Schopper explained that the Tarrant Appraisal District addresses use and a rolled back tax bill and that this Commission has nothing to do with that. Chairman Bowen stated for the record that there is no sweetheart deal. Chairman Bowen asked if there were anyone else wishing to speak. Gerald Stout, 7216 Chapman, North Richland Hills stated that he lives across the pasture from this proposed rezoning. He stated that he doesn't mind the rezoning of . this land but over the last fifteen years of living at his house, he has constantly lost Page 7 1/16/03 P & Z Minutes . . . water pressure. Additionally, traffic has increased. He asked if the City has plans to accommodate the extra traffic that will be fed onto Chapman, and the problem with the loss of water pressure? Chairman Bowen responded that the developer will be required to do a traffic impact analysis. Lance Barton, Public Works stated that there is a new water main, shown on the master water plan, to be installed through the area with the construction of this subdivision. Mr. Barton stated that he would investigate the water pressure problem and asked the homeowner to call him tomorrow for further information. Cindy Deaz; 6856 Megan Ln, North Richland Hills, stated that she is concerned about the impact on the schools and she wished to know which schools would absorb the additional students. Chairman Bowen advised her to contact the school district for that information. Gary Yardley, 6704 Megan Ln., North Richland Hills, asked if there are other low- density options. Chairman Bowen explained that lower density zoning would be R-1 with 12,000 square foot lots and 2400 square foot homes, and also R-1-S zoning. The Chairman stated that with the drainage problems on this property it might not be economically feasible to build R1. He said the developer also has to take into consideration the zoning of the surrounding area. Mr. Yardley asked if the Planning and Zoning Commission would consider the feasibility of approving an R-1 before approving R-2? Chairman Bowen explained that the Commission has to address the applicant's request as is. Christi McDaniel, 6704 Hadley Dr., North Richland Hills, asked if the public has a chance to vote on this request. The Chairman explained that they do not get to vote. He explained that the public can give the Commission their opinion and that the Commission then gives a recommendation to the Council. The Council is the final authority and they can follow the P&Z recommendation or not. Ms. McDaniel asked if this is approved are their only remaining options to talk to the developer or their Council person? The Chairman responded affirmatively. He explained that the City Council has the final say. Even if the Planning and Zoning Commission denies the case the applicant has the right to appeal it to City Council. Pat Kinder, 6817 Mesa Dr., North Richland Hills, returned to the podium. Mr. Kinder asked for an explanation of what the Zoning Commission considers when they approve or deny a case when there is still a lot of questions regarding drainage and other issues. Page 8 1/16/03 P & Z Minutes . Chairman Bowen explained that what is being considered is whether this piece of property is appropriate for this zoning request. Mr. Schopper said that is why there is a process. He explained that the City staff gets the request, there are engineers on staff, the developer prepares the plat, and the City staff comes back with comments to the developer to comply with City standards. It can't come before the Planning and Zoning Commission until all issues are addressed. Mr. Kinder asked who would be liable for drainage problems that occur after the case is approved? Chairman Bowen suggested that legal questions be addressed to the City Attorney. Mr. Kinder asked if he is available at this meeting. Mr. Tucker and the Chairman explained that the City Attorney is present at City Council meetings. Chairman Bowen also explained that the wise applicant knows if the property is going to work before he even requests the zoning otherwise he will have wasted a lot of money to get to this point. . Mr. Nehring explained that the City staff, the Planning and Zoning Commission and City Council did a year long study to discuss the next ten years land use for the City. He explained that there were a number of public hearings, for input by the public, in regard to the City's Comprehensive Land Use Plan, which determined future uses on property. This particular piece of property was found to be best at low density. Mr. Nehring explained that he bases his decisions on the Comprehensive Plan. Mr. Kinder said there was a call to the City to ask what the preliminary platting looked like and was informed that it did show the streets going through from Mesa and Megan to Hightower. Someone either misread the information or provided them with wrong information. He stated that a previous developer said something about a park also coming in. Mr. Kinder asked if R2 was eligible for any type of parks? Dave Green answered that there is a park fund or the developer can donate part of the property. R2 will allow any kind of a public park. Chairman Bowen said that the request had gone far from the issue of whether this property is appropriate for R2. Mr. Kinder commented that previous developers had visited with all of the neighborhood homeowners, not just the ones located within the 200-ft. buffer. Mr. Tucker reminded the audience that the developer, Mr. Wood, said that he would provide the homeowners with the information they needed. Mr. Swanson asked the Planning and Zoning Commission members to drive down Chapman tomorrow morning to see the traffic. He would like a traffic impact study to be . done before this zoning change. He asked if this could be brought back up or tabled? Page 9 1/16/03 P & Z Minutes . Chairman Bowen responded yes. Mr. Swanson said there isn't enough infrastructure for this to work. He asked the Commission to deny this request and let it go before City Council after the Planning and Zoning Commission drove the area and gave City Council their opinion. Chairman Bowen explained again that the only request for P&Z to consider right now is a zoning change. A homeowner came forward who lives at 6809 Mesa Dr., North Richland Hills. He asked if the School Board has been approached with this? Mr. Pitstick explained that the School Board is familiar with this property and the City's Comprehensive Plan. Mr. Wood returned to the podium and stated that this is a zoning case, not a platting case. He stated that this piece of property can be zoned all day long but if you can't plat it sufficiently to meet City standards, you can't use it. The platting process will answer a lot of these questions. The previous developer was asking for a PO, a higher density zoning and had approximately 100 more lots. It did not meet the City's master plan for its use. With these homes being larger than any of the homes around them it will add value to the neighborhood and not impact in a negative way. - Chairman Bowen closed the public hearing and called for a motion. Mr. Nehring, seconded by Ms. Cole, motioned to approve PZ 2002-42. Chairman Bowen asked for discussion among the Planning and Zoning Commission members. Mr. Laubacher commented on the process of updating the land use plan. He explained that staff provided a lot of information, the public came forth and presented their concerns and opinions, going into this process this piece of land was recommended by it's previous land use plan eight years earlier that this piece of property would be low density residential. Taking a look at all the factors, the infrastructure including the roads in the City for land use, there has been some developers looking at this for multi-family. Mr. Laubacher stated that he feels that this piece of property is for low density and the infrastructure takes that into consideration. He said that the School Board does look at the City's plans when they make their plans for their schools. Mr. Laubacher commented that he was going to vote for the request. Mr. Schopper added that he drives from Douglas to Richland High School in the mornings. He agreed that the traffic is miserable in this part of the City. If this development brings more people in this area, the City will have to upgrade the intersections. There are plans to signalize some of the four-way stop signs that will relieve some of the congestion in the area. This development might fix some of the problems with the drainage because the developer has to provide adequate drainage. . Page 10 1/16/03 P & Z Minutes . . e Based on what the Planning and Zoning has seen for this property, this is a home run for the neighborhood to have this zoned R2. Of all the alternatives, this is the best. Chairman Bowen called for the vote. The motion carried (7-0) unanimously. Mr. Green stated that this will go to City Council on February 5,2003. He explained that this is not a traditional City Council Meeting night. The traditional one was on Monday, February 10, 2003 but was moved due to some of the Council members going out of town. Staff will be sending out notices to those who live within the 200-ft. buffer and there will be a notice in the Sunday, January 19, 2003 Fort Worth Star Telegram newspaper. Page 11 1/16/03 P & Z Minutes January 28, 2003 RëCëlVED JAN 29 2003 . Mr. Larry Cunníngfiam, Cíty Manager :NortFi 'RícFifand :Hí{fs Cíty Councí{ 7301 :N.P. Loop 820 :NortFi 'RícFifand :Hí{fs, 'IX 76180 Vear Mr. Cunníngfiam and tFie Cíty Councí' I wouG£ fike to address tFie zoníng íssue of tFie property on :HígFitower tfiat current{y 6efongs to 'Bí{{y (jrafiam .J\s tFie cfiaírman of tFie 'RícFifieG£ :Homeowners Jt5socíatíon, I speak for tFie majoríty of O1Ær neígFi6orFiood on tFie íssue of not openíng our streets oj :HacCt:ey and Mesa to tFirougFi traffic connectíng wítFi tFiís new pfanned áevefoyment. Many of our neígFi60rs 60ugFit Fiouses ín our neígFi6orFiood 6ecause of tFie fimíted access to traffíc tfiat ít provUes. . I fiave vísíted wítFi Mr. Wood and fooked at Fiís pfat and Fie assures me tFie devefopers do not pfan to open our streets. 16efieve ít ís ímportant Jor tFie Cíty Councí{ to understand Fiow we Jee{ a60ut tFiís íssue. 'Tfiank you, for fisteníng to our concerns. Síncere{y yours, 'r\~ *vPf'cJ XatFiy Luppy Cfiaírman, 'RícFifíeG£ :Homeowners .J\ssocíatíon . . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2002-42 7000 block of Hightower Drive 77.13 acre tract out of the William Mann Survey, Abstract #1010 You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Rebel Properties, LLC, to rezone the above tract from "AG" Agricultural to "R-2" Residential for the purpose of developing a single family residential subdivision. . Public Hearina Schedule: Public Hearing Dates: CITY COUNCil WEDNESDAY, FEBRUARY 5,2003 Time: 7:00 P.M. Location: CITY COUNCil CHAMBERS 7301 N. E. lOOP 820 NORTH RICHlAND HillS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . Smooth Feed Sheets™ . CALLAHAN, JAMES ETUX MARY 5019 BLUEBONNET RD COLLEYVILLE TX 76034-5840 MOSLEY, RONALD 0 ETUX CAROL A 6040 CAMP BOWIE BLVD ST FORT WORTH TX 76116-5602 MULVANEY, DAVID ETUX KIMBERL Y 13215 ROLLING HILLS LN DALLAS TX 75240-5537 GRAHAM, BILLY J 5020 MARK IV PKWY FORT WORTH TX 76106-2219 .H, STEVEN ARNOLD 5750 RUFE SNOW DR NORTH RICHLAND HILLS TX 76180-6163 GRAHAM, BILLY J ETUX ERNESTINE 5020 MARK IV PKWY FORT WORTH TX 76106-2219 GRAHAM, BILLY J 7000 HIGHTOWER DR FORT WORTH TX 76180-3342 HO, DUNG VAN ETUX MYHANH 6917 LITTLE RANCH RD NORTH RICH LAND HILLS TX 76180-3806 3ARVIN, MACK L ETUX SCHERRf ~.ITTLE RANCH RD =ORT WORTH TX '6180-3805 8 AVERY® Address Labe!s tp 'b- L.oo 2..- Y <.. BIRDVILlE ISO, 6215 E BELKNAP ST FORT WORTH TX 76117-4205 ROY, WILLIAM 0 ETUX DEBRA L 7004 GREEN RIDGE TRL NORTH RICH LAND HillS TX 76180-3308 BARNES, JEFFREY DANIEL 7013 DAlEVIEW TRL FORT WORTH TX 76180-3316 WALKER, KENNETH H ETUX TERESA 7000 GREEN RIDGE TRL FORT WORTH TX 76180-3308 REAGAN, TIMOTHY G ETUX DONNA 7140 HIGHTOWER DR FORT WORTH TX 76180-3344 GRAHAM, BILLY J 5020 MARK IV PKWY FORT WORTH TX 76106-2219 GRAHAM, BILLY J & ERNESTINE 7000 HIGHTOWER DR FORT WORTH TX 76180-3342 WCJ RUFE SNOW 94, 500 W 13TH ST STE 100 FORT WORTH TX 76102-4655 GRAHAM, BILLY J 5020 MARK IV PKWY FORT WORTH TX 76106-2219 SHAW, JAMES M 6901 LITTLE RANCH RD FORT WORTH TX 76180-3806 Use template for 5160® MOSLEY, RONALD 0 ETUX CAROL A 6040 CAMP BOWIE BLVD ST FORT WORTH TX 76116-5602 MCGEE, SHAWNC 7017 DALEVIEW TRL NORTH RICHLAND HILLS TX 76180-3316 MOSLEY, RONALD 0 ETUX CAROL A 6040 CAMP BOWIE BLVD ST FORT WORTH TX 76116-5602 MOSLEY, RONALD 0 ETUX CAROL A 6040 CAMP BOWIE BLVD ST FORT WORTH TX 76116-5602 COMBS, MELANIE A 7152 HIGHTOWER DR FORT WORTH TX 76180-3344 PENDERY, DAVID S SR ETUX MARLA 7004 HIGHTOWER DR NORTH RICH LAND HILLS TX 76180-3342 GRAHAM, BILLY J 5020 MARK IV PKWY FORT WORTH TX 76106-2219 TBC CONSTRUCTION INC, 7148 HIGHTOWER DR NORTH RICHLAND HILLS TX 76180-3344 GRAHAM, BILLY J 5020 MARK IV PKWY FORT WORTH TX 76106-2219 SHAW, JAS M 6901 LITTLE RANCH RD FORT WORTH TX 76180-3806 Laser 5160® Smooth Feed Sheets TM Pi- Lco,- -l{ 2 Use template for 5160<8> H!=NDERSON, JAMES DALE BROOKS, CHARLES A SWANSON, SCOTT PO BOX 820434 6809 LITTLE RANCH RD 6832 RICHFIELD DR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76182-0434 76180-3804 76180-4438 . ALCAZAR, MARIA COSPER,PAULJ BERMAN, R H ETUX NANCY 6836 RICHFIELD DR 6840 RICHFIELD DR 6844 RICHFIELD DR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-4438 76180-4438 76180-4438 DENMAN, NAOMI THOMPSON, WM L ETUX KERRI L LUPPY, CHUCK ETUX KATHLEEN 6212 SHIRLEY DR 6852 RICHFIELD DR 6856 RICHFIELD DR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-4734 76180-4438 76180-4438 WOOD, RUSSELL W ETUX LISA A MELLENBRUCH, KENNETH W BECKNAL, RONNY 0 & PAMELA 6845 MESA DR ETUX P G FORT WORTH TX 6840 MEGAN LN 6844 MEGAN LN 76180-4445 NORTH RICHLAND HILLS TX FORT WORTH TX 76180-4442 76180-4442 LEAP, JOSEPH G ETUX ELAINE FIllS, MICHAEL S ETUX CATHY J DIAZ, CONRAD A ETUX CYNTHIA 6848 MEGAN LN 6852 MEGAN LN 6856 MEGAN LN FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-4442 76180-4442 76180-4442 ay, JEROME ETUX DEBORAH TANSEY, JAMES ETUX CHERYL CERDA, RUBEN ETUX NORMA I 6 HADLEY DR 6860 DRIFFIELD CIR E 6949 DRIFFIELD CIR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-4441 76180-4466 76180-4469 BUSH, GARY W ETUX SA- ANTHONY, RICHARD E ETUX RECTOR, DWIGHT L ETUX DANA NGUANSRI KELLY N 3945 DRIFFIELD CIR 6941 DRIFFIELD CIR 6828 RICHFIELD DR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-4469 76180-4469 76180-4438 DOWNING, BRETT G ETUX BACH, CHARLES 0 ETUX BAMBI REED, ALVIN ETUX RUTH MADEENA L 6805 LITTLE RANCH RD 6845 HADLEY DR 6841 MESA DR FORT WORTH TX FORT WORTH TX NORTH RICH LAND HILLS TX 76180-3804 76180-4441 76180-4445 HOLLIMON, CHARLES ETUX KEE, KAREN S RUPE, JIM ETUX ELLEN PATRICI 6856 DRIFFJELD CIR E 6841 HADLEY DR 6836 MEGAN LN FORT WORTH TX FORT WORTH TX =ORT WORTH TX 76180-4466 76180-4441 "'6180-4442 ::::OLEMAN, BRAD 0 ETUX SUSAN GRAHAM, BILLY J ASKINS, JAMES R ETUX SUSAN < 5020 MARK IV PKWY R 38~ESA DR FORT WORTH TX 6837 MEGAN LN ::0 WORTH TX 76106-2219 FORT WORTH TX '6180-4445 76180-4443 BAVERyð Address labels laser 5160® ®09t 5 Jasel D~NIELS, ALVIN ETUX THONGSUK 6836 HADLEY DR FORT WORTH TX .180-4440 MINIX, DARREN ETUX MELISSA 6824 RICHFIELD DR FORT WORTH TX 76180-4438 HAZLETT, DENNIS ETUX SUSAN 6825 RICHFIELD DR FORT WORTH TX 76180-4439 MILLS, ROBERT L ETUX MARGARET 6853 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4439 .UEVA. CONSUELO Y 6817 RICHFIELD DR FORT WORTH TX 76180-4439 CAMPBELL, MICHAEL C 6808 RICHFIELD DR FORT WORTH TX 76180-4438 ?EZNELL, DON ETUX LINDA 3804 RICHFIELD DR =ORT WORTH TX 76180-4438 V10RGAN, LEO 7317 CHAPMAN DR \JORTH RICHLAND HILLS TX ~6180-450 1 .AMBERT, WM R JR & J L i1.HY 7 ~ ICHFIELD DR :ORT WORTH TX S 180-4434 @09t5 JOJ ò¡eldwa¡ asn Prt LcöL~<" GRAVES, JOHN W ETUX DIANA R 6801 LITTLE RANCH RD FORT WORTH TX 76180-3804 JANUARY, M J ETUX LEANNE C 6832 MEGAN LN FORT WORTH TX 76180-4442 HOME AMERICA INC, PO BOX 171766 ARLINGTON TX 76003-1766 TRULY, DONALD J 6833 MESA DR FORT WORTH TX 76180-4445 BENNETT, CARLA 6816 RICHFIELD DR FORT WORTH TX 76180-4438 KEEBLE, RONALD L ETUX SHELLEY 6812 RICHFIELD DR FORT WORTH TX 76180-4438 FINCHER, DOYLE K PO BOX 821293 FORT WORTH TX 76182-1293 MCCORD, DAVID 0 6805 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4439 MORGAN, LEO 7317 CHAPMAN DR NORTH RICH LAND HILLS TX 76180-4501 CAMPBELL, JAMES W SR ETUX RUBY 6717 LITTLE RANCH RD FORT WORTH TX 76180-3815 s1aqel SSaJpPV cæ~aJ\V. SUDA, DEIDRAE 6852 DRIFFIELD CIR E FORT WORTH TX 76180-4466 PIERCE, TIMOTHY J ETUX LINDA M 6837 HADLEY DR FORT WORTH TX 76180-4441 CROW, ROBERT E ETUX MELODY K 6849 RICHFIELD DR FORT WORTH TX 76180-4439 SLONE, RONALD E ETUX BETH 6820 RICHFIELD DR FORT WORTH TX 76180-4438 PRUITT, MARTINA YVETTE 8625 N LAKE DR FORT WORTH TX 76135-0000 MARTIN, DANNY 6813 RICHFIELD DR FORT WORTH TX 76180-4439 ANDERSON, JAMES ETUX JOYCE 6809 RICHFIELD DR FORT WORTH TX 76180-4439 HARRIS, MICHAEL C ETUX DEBRA V 6800 RICHFIELD DR FORT WORTH TX 76180-4438 TINDELL, FLOYD J ETUX JUNE 6801 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4439 LONGOBARDO, STEVEN ETUX DEBBIE 6729 RICHFIELD DR FORT WORTH TX 76180-4435 Ii'tis~aa4S paa;:j 4~oowS @09'tS lase1 . HUDSON, TROY E ETUX VICKIE K 6728 RICHFIELD DR FORT WORTH TX .180-4434 MELMAN, PAUL 0 ETUX JULIE A 6721 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4435 BOGGS, LEONARD H ETUX BETH A 6716 RICHFIELD DR FORT WORTH TX 76180-4434 DUNN, STEVEN K ETUX ANDREA J 6708 RICHFIELD DR FORT WORTH TX 76180-4434 MEYER, DOROTHY JO 6701 MESA DR FORT WORTH TX 76180-4447 aDY, JAMES T ETUX MARY 7220 CHAPMAN RD FORT WORTH TX 76180-0000 JONES, EDWARD LEE 7208 CHAPMAN DR FORT WORTH TX 76180-4410 GARDNER, VAL J II & KATHERINE 3809 ASHBURY LN BEDFORD TX 76021-2406 WIEMAN, CHARLES W 7108 CHAPMAN DR =ORT WORTH TX 76180-4408 3M I' CLAUD G & JO L CO-TR 35 ARAMOUNT ST =0 WORTH TX '6117-3331 @09tS JOj a¡eldwa¡ asn P'2::- 2.0 (YL -l-f L. ROSE, BARRY J 6725 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4435 SCHUMAN, DUANE ETUX MARIAL YCE 6720 RICHFIELD DR FORT WORTH TX 76180-4434 LACY, STEVEN L 6700 MESA DR NORTH RICH LAND HILLS TX 76180-4446 GRAHAM, T JEFF ETUX VICKIE 7301 CHAPMAN DR FORT WORTH TX 76180-4501 RAGLAND, ERIKA R 6700 RICHFIELD DR NORTH RICH LAND HILLS TX 76180-4434 STOUT, CEDRIC G ETUX PAMELA K 7216 CHAPMAN DR FORT WORTH TX 76180-4410 CLEMENTE, MARIO 7204 CHAPMAN RD FORT WORTH TX 76180-0000 COLLINS, BARBARA JEAN 7116 CHAPMAN DR NORTH RICHLAND HILLS TX 76180-4408 ORTIZ, CARMEN A 6636 BROOKSHIRE TRL FORT WORTH TX 76180-4414 TARRANT, MICKEY L 7213 EDINBURG DR FORT WORTH TX 76180-4418 s1aqe1 ssaJpP't ~~3IJ\Y. WOOD, MICHAEL ETUX TRACY rv 6724 RICHFIELD DR FORT WORTH TX 76180-4434 NEISWENDER, LARRY ETUX KATHLEE 6717 RICHFIELD DR NORTH RICHLAND HILLS TX 76180-4435 GAROG, TIMOTHY R ETUX APRIL 6712 RICHFIELD DR FORT WORTH TX 76180-4434 POWELL, JOEL P II I & RUTH A 6704 RICHFIELD DR FORT WORTH TX 76180-4434 TORRES, JESSE P ETUX MARTHA 6640 BROOKSHIRE TRL FORT WORTH TX 76180-4414 MCCORMICK, DIXON W 7212 CHAPMAN DR FORT WORTH TX 76180-4410 BHATIA, KALPANA 301 CHAPELWOOD DR COLLEYVILLE TX 76034-8646 PRIOR, ARTHUR F 1414 CATALINA BLVD SAN DIEGO CA 92107 -3702 BURRIS, NOLAN RAY 7221 EDINBURG DR FORT WORTH TX 76180-4418 HORTON, WALTER E 5913 DIAMOND OAKS DR S FORT WORTH TX 76117-2625 i.^J.J.s¡aa4S paa,:j lnOOWs 2 - 4 6 8 10 12 14 16 18 20 22 24 -26 28 30 32 34 36 38 40 42 44 - ORDINANCE NO. 2684 ZONING CASE PZ 2002-42 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND IDLLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 77.13 ACRE PARCEL OF PROPERTY IN THE 7000 BLOCKOFIDGHTOWERDRIVE AND THE 7200 BLOCK OF CHAPMAN ROAD FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 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 1 0 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 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 of the 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 zoning map of the City of North Richland Hills are hereby amended by rezoning a 77.13 acre tract ofland located in the William Mann Survey, Abstract 1010, North Richland Hills, Tarrant County, Texas, from "AG" Agricultural to "R-2" Single Family Residential, the subject property being more particularly described on Exhibit "A" hereto. Section 2: Any person, finn or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. OrdÍI nee No. 2684 Page of 2 W,\NR General\Ordinances-Draft\MapChange.Rezone AG.2684 1 ·4 24 .26 . 2 6 8 10 12 14 16 18 20 22 28 30 32 34 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 5th day of February, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: ~4Ø!1!/- APPROVED AS TO CONTENT: Department Head OrdiJ lIlce No. 2684 Page of 2 W:\Næ General\Ordinances-Draft\MapChange.Rezone AG.2684 2 Property Description . A tract of land out of the William Mann Survey, Abstract NO.1 010, Tarrant County, Texas, being portions of tracts of land described in deeds to Billy J. Graham and wife Ernestine Graham recorded in Volume 7627, Page 292, Volume 14557, Page 223, Volume 4204, Page 114 and Volume 4204, Page 116, Deed Records, Tarrant County, Texas, Deed Records, Tarrant County, Texas, being more particularly described by metes and bounds as follows: Beginning at a 1/2" rebar rod found for the southeast corner of a tract of land described in a deed to Hkem # 2 - Tom Ellis and Ted Pittman recorded in Volume 7861, Page 915, Deed Records, Tarrant County, Texas same being the northwest corner of Lot 27, Block 6, Richfield Subdivision, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-169, Page 18, Plat Records, Tarrant County, Texas; Thence N.OO 08W., 1311.06 feet along the east line of the Ellis/Pittman Tract to a 1/2" rebar rod set in the south line of Hightower Drive; Thence 5.89 57'09"E., 516.63 feet along the south line of Hightower Drive to a 1/2" rebar rod set; Thence 5.00 37'47'W., 666.94 feet to a 1/2" rebar rod set; Thence N.86 48'46"E., 212.77 feet to a 1/2" rebar rod set; Thence N.OO 21'43"E., 654.91 feet to a 1/2" rebar rod set in the south line of Hightower Drive; Thence 5.89 57'09"E., 541.22 feet along the south line of Hightower Drive to a 1/2" rebar rod set in the west line of a tract of land described in a deed to David S. Pendery Sr. and Spouse Marla Elizabeth Pendery and James Patrick Jones and spouse Bettye P. Jones recorded in Volume 10882, Page 1631, Deed Records, Tarrant County, Texas; Thence 5.00 03'20'W., 346.85 feet along the west line of the Pendery/Jones Tract to a 1/2" rebar rod found for . the southwest corner of the Pendery/Jones Tract; Thence 5.89 5O'19"E., 226.06 feet along the south line of the Pendery/Jones Tract to a 1/2" rebar rod found for the southeast corner of the Pendery/Jones Tract; Thence N.89 5O'51"E., 19.91 feet to a fence post found for the southwest corner of a tract of land described in a deed to Timothy G. Regan and wife, Donna K. Regan recorded in Volume 11936, Page 882, Deed Records, Tarrant County, Texas; Thence N.89 51'27"E., 151.0 feet along the south line of the Regan Tract to a 1/2" rebar rod found for the southeast corner of the Regan Tract; Thence N.89 02'36"E., 49.83 feet to a 1/2" pipe found for the southwest corner of a tract of land described in a deed to T.B.C Construction recorded in Volume 11562, Page 1962, Deed Records, Tarrant County, Texas; Thence 5.89 5O'19"E., 449.64 feet along the south line of the T.B.C. Tract and the south line of Lot 1, Block 1, Combs Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2975, Plat Records, Tarrant County, Texas to a 1/2" rebar rod set, said rod being N.89 5O'19'W., 95.0 feet from a 1/2" rebar rod found in the east line of Lot 2, Morgan Meadows Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-13, Page 50, Plat Records, Tarrant County, Texas for the southeast corner of said Lot 1, Block 1; Thence S.OO 04'53"E., 1146.63 feet to a 1/2" rebar rod recovered; Thence 5.00 08'08"E., 423.57 feet to a fence post in the north line of a tract of land described in a deed to Jerry & Shirley Winters recorded in Volume 6550, Page 882, Deed Records, Tarrant County, Texas; . Thence S.89 18'10'W., 104.78 feet along the north line of said Winters Tract to a fence post for the northwest corner of the Winters Tract; EXHIBIT j ,\ A" . . . Thence 5.00 Q4'58"E., 307.45 feet along the west line of the Winters Tract to a fence post, said post being N.OO Q4'58'W., 212.46 from a 1/2" rebar rod found for the northeast comer of a tract of land described in a deed to T. Jeff and Vickie Graham recorded in Volume 7825, Page 579, Deed Records, Tarrant County, Texas; Thence 5.26 17'12'W., 237.48 feet to a point in the north line of said T. Jeff Graham Tract; Thence S.89°26'45'W. at 0.26 feet passing a 5/8" rebar rod found, in all 194.51 feet along the north line of the T. Jeff Graham Tract per the boundary line agreement established in Volume 15225, Page 262, Deed Records, Tarrant County, Texas to a 3/8" rebar rod found for the northwest comer of the T. Jeff Graham Tract; Thence 5.00 15'E., 169.53 feet along the west line of the T Jeff Graham Tract to a 1/2" rebar rod found for the southwest comer of the T. Jeff Graham Tract in the north line of Chapman Road; Thence 5.89 47W., 449.17 feet along the north line of Chapman Road to an "X" found in concrete (Control Monument) for the southeast comer of Lot 1, Block 1 of said Richfield Subdivision; Thence N.OO 09'54W., 1302.44 feet along the east line of Lots 1 thru 18, Block 1 of said Richfield Subdivision to a 1/2" rebar rod found (Control Monument) for the northeast comer of said Lot 18; Thence West (base bearing), 1306.60 feet along the north line of Lots 18 thru 24, Block 1, Lot 24, Block 3, Lots 24 thru 20, Block 4 and Lot 27, Block 6 of said Richfield Subdisivion to the point of beginning and containing 77.13 acres of land more or less. ..< .&. .-è.-'_.,'-"·'·"""., -, CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-05-2003 Subject: Approve a Resolution Endorsinq the Implementation of Agenda Number: GN 2003-017 a Continuing Pretreatment Program - Resolution No. 2003-012 The Trinity River Authority (TRA) 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 TRA as part of the revised discharge permit to have all of the wholesale customers submit several items which address the Industrial Pretreatment Program. The City of North Richland Hills only needs to provide the following 2 items to meet these requirements. 1. City Resolution endorsing the implementation of the pretreatment program (this Council item). 2. Ordinance revising the Industrial Waste Ordinance which will revise the local limits on "fats, oils, and greases" and "metals" to be discharged (next Council item). The City has had an Industrial Pretreatment Program since 1991. This resolution does not change that program, but provides a document from the City which fulfills a TCEQ requirement of the TRA, 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. 2003-012. Source of Funds: Bonds (GO/Rev.) Operating Budget Ofuer ørJ ll/C~4 Cv.f:~~ Department Head Signature Finance Review Account Number Sufficient Funds Ävallable Finance Director Page 1 of_ " . . - RESOLUTION NO. 2003-012 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ENDORSING THE IMPLEMENTATION OF A CONTINUING PRETREATMENT PROGRAM AS REQUIRED BY 40 CFR 403 FOR THE CENTRAL REGIONAL WASTEWATER SYSTEM. Preamble WHEREAS, on June 26, 1978, the United States Environmental Protection Agency published a rule (Amended January 28, 1981) which established mechanisms and procedures for enforcing National Pretreatment Standards controlling the introduction of wastes from non-domestic sources into Publicly Owned Treatment Works (POTWs); and WHEREAS, this rule, 40 CFR 403, requires that a Pretreatment Program be developed for the Regional Wastewater System; and WHEREAS, the Trinity River Authority of Texas, as the owner and operator of a POTW, must comply with rule 40 CFR 403; and WHEREAS, the City, as a contracting party of the Regional Wastewater System, has entered into an Amendatory Wastewater Contract with the Trinity River Authority of Texas whereby the City has enacted ordinances that are necessary to implement and enforce the National Pretreatment Standards; and WHEREAS, 40 CFR 403.9 (b) requires a statement or resolution reflecting the endorsement or approval of the local boards or councils responsible for supervising and/or funding the POTW; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS That the City of North Richland Hills hereby endorses the implementation of a pretreatment program as required by 40 CFR 403 for the Regional Wastewater System with such program to continue as long as 40 CFR 403 remains in effect. Adopted the 5th day of February, 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM: Attorney for the City · .. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2-05-2003 GN 2003-018 Subject: Adopt a Revised Industrial Waste Ordinance - Ordinance No. 2687 Agenda Number The City has had an Industrial Pretreatment Program since 1991. The current Industrial Waste Ordinance (Ordinance No. 1773) 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 Waste Ordinance to meet their minimum standards and requirements. The Texas Commission on Environmental Quality (TCEQ), formerly the TNRCC, has recently completed its inspection of the TRA wastewater system. TCEO is now requiring more stringent control over the quality of wastewater being discharged by TRA. TCEO is requiring TRA (and all of their customer cities) to revise their Industrial Waste Ordinance to reflect the new, more stringent, requirements and to maintain compliance with the new State and Federal quidelines. Since the City of North Richland Hills is a customer city of TRA we have no option except to revise our Industrial Waste Ordinance as mandated by the TCEO. The proposed revisions to the Industrial Waste 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 (i.e., new terms being introduced, previous terms being modified). There were also changes in the allowable concentrations of the metals that are to be discharged into the sewer system. There were also changes in some of the permitting and reporting procedures. Although the City's Industrial Waste Ordinance impacts many businesses and retraurants 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. 1773 and adopt Ordinance No. 2687. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallaDle Budget Director ~l (L*: &d Depart ent Head Signature Page 1 of _ . . . ATTACHMENT "A" Summary of Key Revisions Revised Levels of Allowable Metals Metal Average (mall) ( mall) Arsenic 0.1 0.2 Cadmium 0.3 0.1 Chromium 5.0 2.9 CODDer 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 Previous Levels of Allowable Metals Metal Averaae (mall) (mall) Arsenic 0.1 0.3 Cadmium 0.3 0.9 Chromium 5.0 15.0 CODDer 3.0 9.0 Cyanide - 0.5 lead 2.9 8.7 Mercury 0.01 0.03 Molybdenum - 0.2 Nickel 2.0 6.0 Selenium - 0.1 Silver 0.1 0.3 Zinc 5.0 15.0 Definitions added to the new Industrial Waste Ordinance: · Approval Authority - The Regional Administrator of EPA. · Control Authority - TRA andlor City of Fort Worth. · Texas Commission on Environmental Quality - Instead of TNRCC. The objectives of the ordinance were expanded to include: · To enable the City to comply with it's NPDES permit conditions, sludge and disposal requirements, and any other Federal and State laws which POTW is subject. . City of North Richland Hills, Texas . Industrial Waste Ordinance No. 2687 (Approved by Council 2/5/2003) . Public Works Department 7301 N.E. Loop 820 North Rich/and Hills, Texas 76180 (817) 427-6400 TABLE OF CONTENTS . SECTION I - DEFINITIONS .......... ............ .............................................. .................... 1 SECTION II - PURPOSE AND POLiCy..........................................·............·..·....·..·.. 8 . SECTION III - DISCHARGE PROHIBITIONS AND LIMITATIONS............................ 9 A. DISCHARGES TO STORM DRAINS AND WATERCOURSES ....................9 B. PROHIBITED DiSCHARGES.......................................·.....·............·......·...... 9 C. PROHIBITED SEWER CONNECTIONS .................................................... 10 D. PROHIBITED WASTEWATER CONSTITUENTS ...................................... 10 T emperatu re . .. ........ ....... ........... ............ ..... . . . .................. . .., . . . ........... . .......... 1 0 Solidifying Substance..............................................................··..·......·....·..· 10 Explosive..................................................................................................... 10 Obstruction.................................................................................................. 11 Garbage...................................................................................................... 11 Gases.......................................................................................................... 11 Sludge......................................................................................................... 11 NPDES ............ ............... .............. ......... ........... ........................... ................ 11 Objectionable Color.............................................·..............·......·..·..·....·...... 11 Slug load ...................................................................................................... 11 Hazard to human life ................................................................................... 12 E. WASTEWATER LIMITATIONS.............................................·............·........ 12 Fats, oils, and greases ................:............................................................... 12 Acids or alkalies........................................................·································· 12 Metals.......................................................................................................... 12 Cyanide....................................................................................................... 12 Gases.......................................................................................................... 12 Radioactive..................................................................................:............... 12 T oxics .......................................................................................................... 13 Temperature..... ........... .... ........ ....... .......... ................. ..................... ....... ...... 13 Categorical.................................................................................................. 13 Explosive..................................................................................................... 13 F. ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN................................. 13 SECTION IV -SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS.... 13 A. COMPLIANCE WITH STANDARDS ........... ...... ................................... ....... 13 Applicable Laws................................................................·..·...................... 13 Dilution........................................................................................................ 14 Mass Limitations..............................................................·······················..··· 14 B. ACCIDENTAL DISCHARGES ....................................................................... 14 C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS ......... 15 D. PROH IBITION OF BYPASS.. ............................... ............... .......................... 15 Bypass......................................................................................................... 15 E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES ......................... 16 . SECTION V - ADMINISTRATION BY PERMIT........................................................ 16 A. CLASSIFICATION OF DISCHARGERS AND PERMITS .............................. 16 B. PERMIT CONDITIONS ................................................................................. 18 . . . C. REPORTING REQUIREMENTS FOR DISCHARGERS ............................... 20 D. INSPECTION AND FLOW MEASUREMENT ................................................ 23 Inspection.................................................................................................... 24 Measurement of Flow....... ..... .......... .......... .......... ........ ...................... .......... 25 E. PERMIT MODIFICATIONS.. ........ ........................... ........ ............................... 26 F. CONFIDENTIAL INFORMATION...........................................·····..··········· ..... 27 G. WASTEWATER DISCHARGE REISSUANCE ...............................................27 SECTION VI - ENFORCEMENT..............................................··............ .............. .... 28 A. REVOCATION OF PERMIT ....... ..................... ................. .......... ........ ..... ...... 28 B. NOTIFICATION OF VIOLATION ................. ............... ............ ......... .............. 28 C. SHOW CAUSE HEARING ..... ........... ............ ......... ........ ...... ...... ................... 28 D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING................................... 29 E. JUDICIAL PROCEEDINGS ............. ..... ......... ............... ................ ................. 29 F. EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS ...... 29 G. OPERATING UPSETS. ........ ......... ........ ...... .......... ...... .................... .............. 30 H. RECOVERY OF COSTS INCURRED BY THE AUTHORITY........................ 30 I. FALSIFYING INFORMATION...... ................ ................. ..... ................. ...... ...... 31 J. POTW PRETREATMENT REQ UIREMENTS .................... ....................... ...... 31 SECTION VII - MiSCELLANEOUS.......................................·..···............·..·..·..··..···· 31 A. NET/GROSS CALCULATIONS. ....... ........ ....... ............... .... ......... ....... ...... ..... 31 B. PRESERVATION OF RECORDS................. ......... ...... ..... ................ ............. 31 C. COSTS OF ADMINISTERING PROGRAM ...................................................31 D. RIGHT OF REViSiON..............................................···..·..··......···....···....···..·· 32 E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS ............................. 32 SECTION VIII - CUMULATIVE CLAUSE. ....... ............ ...... ...... ................................. 32 SECTION IX - REMEDIES...............................................······.......... ........................ 32 SECTION X - SEVERABILITY CLAUSE................................................···..·..··..·..·.. 32 SECTION XI - FINES.......... .......... ........... ................. .......... .... ........ ......... ................ 33 SECTION XII - EFFECTIVE DATE. ......... ............... ........... ....... .............. .................. 33 INDEX................................................................................................................. 34, 35 . . . ORDINANCE NO. 2687 AN ORDINANCE REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE NORTH RICHLAND HILLS SANITARY SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF THE NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ORDINANCE NO. 1773 AND ALL ORDINANCES AND PROVISIONS OF THE NORTH RICH LAND 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 RICH LAND 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 Waste Ordinance No. 2687 Page 1 of 35 . 8. 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. 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 0 above if: a) the authorization is made in writing by the individual described above in A, B, C, or 0, 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. . 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 measurement of pollutants in wastewater and natural waters. 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. Industrial Waste Ordinance No. 2687 Page 2 of 35 . . . 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 discharged]. 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 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. Industrial Waste Ordinance No. 2687 Page 3 of 35 . . . 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 applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: A. The building, structure, facility 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 Industrial Waste Ordinance No. 2687 Page 4 of 35 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. . 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; 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 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 b. . 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. 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). 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, Industrial Waste Ordinance No. 2687 Page 5 of 35 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. 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 Industrial Waste Ordinance No. 2687 Page 6 of 35 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 vio lating 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. 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. Industrial Waste Ordinance No. 2687 Page 7 of 35 . . . Total Toxic Organics: The sum of masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix 0, 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, TIO'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. 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 8.0.0.; 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. 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 Industrial Waste Ordinance No. 2687 Page 8 of 35 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. SECTION 111- DISCHARGE PROHIBITIONS AND LIMITATIONS A. 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, groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer. Water from swimming pools, 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 Industrial Waste Ordinance No. 2687 Page 9 of 35 . . . 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 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 ordinancel 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. 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. Solidifvina 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 Industrial Waste Ordinance No. 2687 Page 10 of 35 . . 9. . 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 liquid, gas, or solid which can form a gas which, either singly or by interaction with other wastes, is capable of causing a public nuisance, objectionable odors or hazards to life or form solids in concentrations exceeding limits established in this ordinance, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle such material, or which may prevent entry into the sewers for their 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 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; Objectionable Color - any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; 10. Sluaload - any dump or slugload; Industrial Waste Ordinance No. 2687 Page 11 of 35 . . . 11. Hazard to human life - any wastewater which causes a hazard to human life or creates a public nuisance; 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 areases - 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) 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 DAilY AVERAGE (mall) 0.1 0.3 5.0 3.0 MAXIMUM GRAB (mall) 0.2 0.1 2.9 2.3 0.5 0.9 0.0004 0.2 4.6 0.1 0.3 8.0 2.13 Arsenic Cadmium Chromium Copper Cyanide lead Mercury Molybdenum Nickel Selenium Silver Zinc Total Toxic Organics 2.9 0.01 2.0 0.1 5.0 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. Industrial Waste Ordinance No. 2687 Page 12 of 35 . . . 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 400C (1040F) upon entering the POTW treatment plant. 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 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: 1. Description of discharge practices, including non routine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the Authority of any accidental or slug discharge, as required by Section 6.6 of this ordinance; and 4. 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 RULESRELA TING 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. Industrial Waste Ordinance No. 2687 Page 13 of 35 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 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 ass 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 Industrial Waste Ordinance No. 2687 Page 14 of 35 . 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. 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. Industrial Waste Ordinance No. 2687 Page 15 of 35 . . . 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 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; Industrial Waste Ordinance No. 2687 Page 16 of 35 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); 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 . Industrial Waste Ordinance No. 2687 Page 17 of 35 . 7. 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. 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. 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 Industrial Waste Ordinance No. 2687 Page 18 of 35 . 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. 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 8(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 pretreatment standards; 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 . a. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. 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 Industrial Waste Ordinance No. 2687 Page 19 of 35 . the wastewater discharge to the POTW; e. The unit charge of schedule of user charges and fees for 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, Industrial Waste Ordinance No. 2687 Page 20 of 35 . . . to allow use of the combined waste stream formula set out in 40 CFR 403.6(e). 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. Sianature 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 Industrial Waste Ordinance No. 2687 Page 21 of 35 . . . 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 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. Industrial Waste Ordinance No. 2687 Page 22 of 35 5. Reporting Additional Monitoring: If an industrial user subject to the reporting requirements of this section monitors any pollutant more 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 character of pollutants in the discharge. 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. . 9. 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. 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 Industrial Waste Ordinance No. 2687 Page 23 of 35 . . . 1. Inspection: The Authority may 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. 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. Industrial Waste Ordinance No. 2687 Page 24 of 35 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 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 Hills 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. Industrial Waste Ordinance No. 2687 Page 25 of 35 . . . 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: 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. g. To correct typographical or other errors in the permit. h. To reflect transfer of the facility ownership and/or operation to a new owner/operator. i. 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 Industrial Waste Ordinance No. 2687 Page 26 of 35 . . . 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 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 discharge 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, stamped 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. Industrial Waste Ordinance No. 2687 Page 27 of 35 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 A. REVOCATION OF PERMIT The Authority may revoke the permit or terminate water or sewer service of any discharger which fails to: 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. SHOW CAUSE HEARING . Where the violation of Section VI,A. hereof is not corrected by means of administrative adjustment, the Authority may order any violating discharger to show cause, before the Authority or its duly authorized representative, why the proposed permit revocation action should not be taken. A written notice shall be served on the discharger by personal service, or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Authority or its designee regarding the violation, the reasons why the Industrial Waste Ordinance No. 2687 Page 28 of 35 . . . enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the Authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of the discharger. The Authority shall then enter appropriate orders with respect to the alleged improper activities, if any. D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING Any discharger or any interested party shall have the right to request in wr~ing 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 discharger 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 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 Industrial Waste Ordinance No. 2687 Page 29 of 35 . . H. . 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 Authority 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 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. 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. 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 Industrial Waste Ordinance No. 2687 Page 30 o( 35 . . . 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 $1,000 a 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 A. NET/GROSS CALCULATIONS C. 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. 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. COSTS OF ADMINISTERING PROGRAM Industrial Waste Ordinance No. 2687 Page 31 of 35 . The Authority may make such charges, known as monitoring and pretreatment charges, as are reasonable for services rendered in administering the programs outlined in 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 No. 1063 is hereby repealed. 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. Industrial Waste Ordinance No. 2687 Page 32 of 35 . 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. 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 5th day of February, 2003. Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City . Industrial Waste Ordinance No. 2687 Page 33 of 35 . . . INDEX abnormal sewage............................................................................................. 1 act. . .. .. .. ..... ..... .. .. . . . .... .......... ......... .............. ............. . ... .. ............... . ..... .. 1-5, 7, 1 0 administrative adjustment......................................................................... 25, 28 authorized representative ................. ................... 1-3, 13, 14, 18, 19, 21, 25, 26 biochemical oxygen demand........................................................................ 1, 2 bypass.............................................................................................. 2, 6, 13, 14 categorical pretreatment standards..................2, 3,6,7,12,16,18,19,24,28 code of federal regulations......................................................................... 2, 11 composite sample.......................................................................................... 3-4 concrete............................................................................................................ 9 cooling water. ....... ...... .............. .... ......... ............ ....... ......... ......... ..................3, 8 Director ..............................................................................1-3, 8, 14, 15, 23, 27 downspouts...................................................................................................... 8 flammable......................................................................................................... 9 flow proportional composite sample................................................................. 2 fountains........................................................................................................... 8 garbage ................. ............... ..... ............................ ........... ........ ............... 3, 5, 9 gasoline............................................................................................................ 9 grab sample............................................................................................. 2-4, 20 grease...................... ....................... ......... ............................ ................. 9, 10, 20 groundwater...................................................................................................... 8 industrial waste.......................................................................... 1, 3, 5-7, 15, 21 lawn sprays....................................................................................................... 8 maximum daily average.................................................................................... 4 maximum grab............................................................................................ 4, 11 milligram per liter........... .............. ..... ...... ........... ....... ........ ............ ........ ............4 new source....................................................................................................... 4 NPDES ...............................................................................2,3,5, 8, 10,26,29 occupant........................................................................................................... 5 operation and maintenance .................................................................. 5, 15, 19 other wastes... .. ..... .. . ......... . . .. . . ..... ....... . ...... . ... .. .... . ..... ... ....................... 5, 1 0, 11 owner......................................................................... .4, 5, 13, 16-18, 21-24, 27 pass through.... .......... ............. .......................... ....... .............. ............. 5, 8, 9, 11 person .............................................................1, 5, 7-10, 13,21,23, 25, 26, 28 pH ..................................................................................................... 5, 7, 10, 20 ponds................................................................................................................ 8 pools................................................................................................................. 8 Public Works Utility Superintendent........................................................... 1, 15 roof runoff......................................................................................................... 8 sewage.................................................................................... 3, 5-7, 10, 14, 23 significant industrial user ................................................................6, 11, 14,22 S I U ................................................................................................................... 6 slug load......................................................................................................... 10 standard methods............................................................................................. 6 storm drain........................................................................................................ 8 storm water................................................................................................... 6, 8 substantial danger.................................................................................... 26, 27 subsurface drainage ....... ... .... ......................... .............................. ..... ...............8 Industrial Waste Ordinance No. 2687 Page 34 of 35 . . . temperature.......................................................................................... 9, 11, 20 time proportional composite sample .................................................................2 total suspended solids ..................................................................................1,6 TSS .......................................................................................................... 1, 6, 7 upset........................................................................................................... 7, 27 Industrial Waste Ordinance No. 2687 Page 35 of 35 , CITY OF NORTH RICHLAND HILLS .. .partment: City Secretary Council Meeting Date: 2/5/03 Subject: CanvassinQ of the February 1 , 2003 Special Bond Agenda Number: GN 2003-020 Election - Resolution No. 2003-010 Pursuant to State law, the City Council must canvass the February 1, 2003 Special Bond Election. Resolution No. 2003-010 canvasses the election and declares the results. Council will be furnished prior to the Council meeting with the revised resolution reflecting the outcome of the election. Recommendation: To approve Resolution No. 2003-010 e Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ~VallalJle Department Head Signature Finance Director P¡:¡oe 1 of 1 '. . RESOLUTION NO. 2003-010 e A RESOLUTION canvassing the returns and declaring the results of the bond election held February 1, 2003. e e WHEREAS, an election was held in the City of North Richland Hills, Texas on the 1st day of February, 2003, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the returns of said election have been duly and leg'ally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling places and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINSr the propositions submitted were as follows: PROPOSITION NUMBER 1 "THE ISSUANCE OF $30,010,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" "FOR" votes "AGAINSr votes PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR DRAINAGE IMPROVEMENTS" "FOR" votes "AGAINSr votes PROPOSITION NUMBER 3 "THE ISSUANCE OF $1,900,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACIJ-ITIES (FIRE AND POLICE)" "FOR" votes "AGAINSr votes 45260145.1 -1- · e e e ) PROPOSITION NUMBER 4 "THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS FOR THE CITY'S MAINTENANCE SERVICE CENTER FACILITY" "FOR" votes "AGAINSr votes PROPOSITION NUMBER 5 "THE ISSUANCE OF $1,300,000 GENERAL OBLIGATION BONDS FOR AN ANIMAL SHELTER" -"FOR" votes "AGAINSr votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this goveming body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and a majority of the electors voting at said election having voted in favor of the propositions numbered 1, 2, 3, 4 and 5, the Board of Trustees is hereby declared to be authorized and empowered to issue bonds of the District in the amount and for the purposes stated in said propositions numbered 1, 2, 3, 4 and 5; all as more fully set forth and identified above and in the proceedings calling said bond election. SECTION 3: The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. 45260145.1 -2- e e e PASSED AND APPROVED, this the _ day of February, 2003. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) 45260145.1 -3- .' l- I- l- I- I- en en en en en C) z z z z z z « « « « « i= C) C) C) C) C) e 0 « « « « « > ~ ~ <C w 0::: 0::: 0::: 0::: 0::: 0 0 0 0 0 u.. u.. u.. u.. u.. ('I') l- I- l- I- I- ~ en en en en en z z z z z w « « « « « In :!: C) C) C) C) C) :) « « « « « z l- e,) Z Õ W 0::: 0::: 0::: 0::: 0::: ~ 0 0 0 0 0 Q. u.. u.. u.. u.. u.. Z 0 en-M Wl-O I-UO OWN ...J ~ « >W"" N l- I- l- I- I- u..O>- en en en en en e != OZO::: ~ Z Z Z Z Z II) ZO« w « « « « « In I Oceæ :!: C) C) C) C) C) X -...Jce :) « « « « « w ~«W z uu.. I- =>WO e,) mo....J «enw z I-..I e,) W W 0::: 0::: 0::: 0::: 0::: 0::: ~ 0 0 0 0 0 Q. u.. u.. u.. u.. u.. ..... I « "r"" l- t) l- I- I- ~ en en en en Z Z Z Z Z w « « « « « In :!: C) C) C) C) C) :) « « « « « z l- e,) Z Õ W 0::: 0::: 0::: 0::: 0::: 0:: 0 0 0 0 0 Q. u.. u.. u.. u.. u.. ..... IÓ e """ c 5N 5('1') 5~ 5 It) 0 (0 oor- N =- :e; :e; :e; :e; It) .- CÞ """ CI).a CI),g CI).a CI).a CI),g &.E o E ° E o E °E c.~ c.~ Q.~ c.~ o ~ 2z 2z Ez 2z .tz D.. D.. D.. D.. . '. . RESOLUTION NO. 2003-010 A RESOLUTION canvassing the returns and declaring the results of the bond election held February 1, 2003. WHEREAS, an election was held in the City of North Richland Hills, Texås on the 1st day of February, 2003, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling places and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINST" the propositions submitted were as follows: PROPOSITION NUMBER 1 "THE ISSUANCE OF $30,010,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" "FOR" 844 votes "AGAINST" 619 votes PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR DRAINAGE IMPROVEMENTS" "FOR" 805 votes "AGAINST" 661 votes Resolution No. 2003-010 Page 1 · · · PROPOSITION NUMBER 3 "THE ISSUANCE OF $1,900,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES (FIRE AND POLICE)" "FOR" 793 votes "AGAINST' 673 votes PROPOSITION NUMBER 4 "THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS FOR THE CITY'S MAINTENANCE SERVICE CENTER FACILITY" "FOR" 726 votes "AGAINST' 737 votes PROPOSITION NUMBER 5 "THE ISSUANCE OF $1,300,000 GENERAL OBLIGATION BONDS FOR AN ANIMAL SHELTER" "FOR" 879 votes "AGAINST' 588 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and a majority of the electors voting at said election having voted in favor of the propositions numbered 1, 2, 3 and 5, the Board of Trustees is hereby declared to be authorized and empowered to issue bonds of the District in the amount and for the purposes stated in said propositions numbered 1, 2, 3 and 5; all as more fully set forth and identified above and in the proceedings calling said bond election. SECTION 3: The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City .in accordance with provisions of Section 67.006 of the Election Code. Resolution No. 2003-010 Page 2 . ~ · · · PASSED AND APPROVED, this the _ day of February, 2003. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) Resolution No. 2003-010 Page 3 ;:u 0 ~ » ii¡ -I ~ < ;;!; o (j) .. CD CJ'I :"! -I Co) I (II ë.n 0 ~ ?< o ïI ïI m tIJ :::0 c: » :::0 -< ~ o o w . '1J II) - .., õ' Dr I c: - rJ o :J () ~ (j) CD (') m Ii) -< o o :I: m :::0 m m -< o m ~ ::¡:¡ -< -I :I: :Þ -I -I :I: m :Þ m o < m :::0 m -I C :::0 Z Cñ :Þ -I :::0 C m :Þ z o o o :::0 :::0 m o -I :::0 m -I C :::0 Z ." o :::0 en :Þ 6 m r- m o -I Õ Z -I o ~ r- < o -I m en o :Þ en -I ~ --.. 00 ~ (J) o .þ.. (J) --.. ~ .þ.. w (J) w ~ (J) ~ ~ .þ.. --.. w ;g II) S' rJ - m w ~ ~ ~ ~ CD 00 CJ'I 00 m CJ'I CD W CJ'I 00 (X) .þ.. 9 o (X) '#. ïI o .., ~ ~ w ~ .þ.. --.. ~ (J) --.. 00 CJ'I CD 00 ~ (J) CD 00 --.. CD CJ'I ~ CD ~ '#. enO :::0> OZ mm zO -I:I: mO :::o~ m OC m:tl zen -1m m-< :::0 en :tI m :Þ o:tl ~~ :I: < DI 0 =-1 m en om DI > = :tI Om. CDn-< ;a.::r< ~!2.0 UI -I enm :" en mm c > oCi1:t1 CD CD · ='<-< -:::0< ~c.0 . -I enm :" en <~ 00 -10 m." en o ~ :I: > · · (l ~ ~ ~ o ~ Z o þ'j ~ ::r: ~ (l F ~ O::r: ~~ ~r ~r (lC/l ~ ~~ ~tI1 >0 td> ~r >~ g~ ZtI1 r tI1 (l ~ ~ o Z ~ tI1 td ~ -I o ~ · en ...... tv o o w >,}~'\q~":""'~',?:~è"~?'~:~'o:~r~'\;~~t_',~'fXf~:~'~./>iIT<,;,jr7~~5~:,;;,!"~':\~.;~~n:?~G~:.':':~'M~1;;::::p¿·t;;07;~';7?J'0~1~'!if!f'~~o:r:;'~,':'í.':~?f~~:Z~:;:or-""~~1!;#·t~\"~",~~:1r't:r'!:~rrr'~0'~"J;];'I:,1'6~1~~~,\-~,~~0/h~;:f:;t'"W'",:~·;;s~~v..,';¡,m~":~M'~,::;,,~~~,¡¡~'~'''",_,-w.~'~=_'''-'''''~'~:!o~;'~~~-'M~_W''; CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 2/5/03 Subject: Consider Amending Sign Ordinance for Political Signs Ordinance. No. 2685 Agenda Number: GN 2003-021 Case Summary At the direction of City Council, staff has prepared an ordinance revIsion to the sign ordinance replacing Section 13.C.6.i. and clarifying that no temporary political signs will be allowed on public rights-of-way. The previous ordinance did allow political yard signs less than 3 square feet to be placed in public rights-of-way with permission of the abutting owner. The specific changes are as follows: 13.C.6.i. Political signs shall not be placed on public property or within public right of way excopt that political yard Eigns (lesE than 3 square foet in size) may bo pl3ced in the public right of way '''./ith pormiEsion of tho ownor of tho abutting property. If this sign amendment is approved all temporary political signs in the public right of way will be picked up by Code Enforcement Officers. Generally a sign that is placed at least 10 feet behind the street edge or curb is on private property and would be allowed by this ordinance revision. RECOMMENDATION: To approve Ordinance No. 2685. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Oth" ~ .~~~ Account Number Sufficient Funds Available Finance Director Department Head Signature ~1/¿~: PZ GN 2003- poitical signs CC sum. 2 -4 ORDINANCE NO. 2685 6 AN ORDINANCE AMENDING SECTION 13.C.6.i OF ORDINANCE 2374 TO PROHIBIT POLITICAL SIGNS ON PUBLIC PROPERTY OR PUBLIC RIGHT OF WAY AND PROVIDING FOR REMOVAL; ESTABLISHING A PENALTY; AND PROVIDING FOR PUBLICATION. 8 10 WHEREAS, the City Council desires to eliminate previous sign ordinance exceptions which make it difficult to administer the ordinance and to provide for removal political signs in public right-of-way; NOW, THEREFORE, 12 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND IDLLS, TEXAS, THAT: 16 Section 1: Section 13.C.6.i of Ordinance 2374 is hereby amended to read as follows: 18 ". 1. Political signs shall not be placed on public property or within public right- of-way. City workers may remove all such signs." 20 Section 2: Any person, finn or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 22 . 26 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. 28 30 AND IT IS SO ORDAINED. 32 34 PASSED this 5th day of February, 2003. 36 CITY OF NORTH RICHLAND HILLS 38 40 By: Oscar Trevino, Mayor 42 - Ord· ce No. 2685 Page 1 of2 W: eraIIOrdinances·DntftlPolitic:al Signs.268S. wpd 2 ATTEST: -4 6 Patricia Hutson, City Secretary 8 10 12 14 APPROVED AS TO CONTENT: 16 18 Department Head - - Ord' ce No, 2685 Page of 2 W: eral\Ordinanccs·DnoftlPolitical Signs.268S.wpd .-" / CITY OF NORTH RICHLAND HILLS ~epartment: Administration Council Meeting Date: 02/05/03 Subject: Resolution Of Support To Fund The First Responder Initiative - Resolution No. 2003-011 Agenda Number: GN 2003-022 The attached resolution urges approval of homeland security funding issues, which are of extreme importance to North Richland Hills and cities across the entire nation. During the 10ih session of Congress, legislation was passed creating the Department of Homeland Security but did not provide funding for the First Responder Initiative. Since September 11, 2001, North Richland Hills has been providing for homeland security without the benefit of additional revenue. If this continues, other service areas will suffer as a result of insufficient revenue. Funding the First Responder Initiative is important because it is will provide funding to help cities meet the challenges of preparing for and responding to terrorist attacks. The funds may be used in the following types of first responder activities: · Planning. The program will support State and local governments in developing comprehensive plans to prepare for and respond to a terrorist attack. · Equipment. The program will allow State and local first responder agencies to purchase a wide range of equipment needed to respond effectively to a terrorist attack, including e personal protective equipment, chemical and biological detection systems, and interoperable communications gear. · Training. The First Responder Initiative will also provide resources to train firefighters, police officers, and emergency medical technicians to respond and operate in a chemical or biological environment. · Exercises. The program will support a coordinated, regular exercise program to improve response capabilities, practice mutual aid, and assess operational improvements and deficiencies. If this resolution is approved, staff will forward it to our Federal Legislators so they are aware of the City's position on this issue. RECOMMENDATION: Approve Resolution No. 2003-011 Urging the Texas Congressional Delegation to support providing funding for President Bush's $3.5 Billion First Responder Initiative during the 1 oath session of Congress. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget e Other - ~art2n~&~ Account Number Sufficient Funds Available Finance Director ~~ ~ ./ e e e RESOLUTION NO. 2003-011 A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO SUPPORT PROVIDING FUNDING FOR PRESIDENT BUSH'S $3.5 BilLION FIRST RESPONDER INITIATIVE DURING THE 10STH SESSION OF CONGRESS WHEREAS, the 107th Congress passed legislation creating the Department of Homeland Security; and WHEREAS, the legislation creating the new department did not provide funding for President Bush's $3.5 Billion First Responder Initiative; and WHEREAS, the First Responder Initiative was intended to provide funding to help cities provide planning, training, equipment and other resources to meet the challenges of preparing for and responding to terrorist attacks; and WHEREAS; Texas cities have been required to spend millions in additional monies to implement heightened security measures since September 11,2001; and WHEREAS, Texas cities are experiencing severe budget shortfalls because their new homeland security functions and the downturn in the economy; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: That the city strongly encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 billion First Responder Initiative to provide money for all Texas cities to help cities pay for some of the resources needed to meet the cities' new responsibilities for homeland security. PASSED AND APPROVED THIS THE 5th day of February 2003. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney . . Announcements and Information February 5, 2003 Announcements The City will be celebrating its first 50th Anniversary event on Saturday, February 22nd. The Fort WÓrth Symphony Orchestra will be performing at Birdville High School. The concert tickets are $15.00 per person and the concert begins at 7:30 p.m. Come join us as we celebrate our 50th Anniversary together! - Information February 6. 7.10 Winter Camp NRH Recreation Center 6720 NE Loop 820 817 -427 -6600 . February 15 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 .