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Home My WebLink AboutCC 2002-08-12 Agendas ----.-.--.----..----.-----..- ----."-~.. ---.. . "" .--.-.----_._.~-._-----"-~"- CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA AUGUST 12, 2002 - 5:45 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION I TAKEN 1. Discuss Items from Regular August 12, 2002 City Council Meeting (5 Minutes) ',' 2. IR 2002-118 Northeast Arts Council Introduction and Report (5 Minutes) 3. IR 2002-123 November 5 Special Election (5 Minutes) 4. IR 2002-122 Discuss Dates for Economic Development Strategic Plan (5 Minutes) 5. IR 2002-117 Review Scope of Services for Solid Waste Proposals (10 Minutes) 6. IR 2002-116 Consideration of State Legislation for Submittal to Texas Municipal League (5 Minutes) 7. IR 2002-120 COG Regional Coordinating Committee for Emergency Management/Preparedness (10 Minutes) , 8. *Executive Session - The Council may enter into closed Executive Session to discuss the following: a. Consultation with Attorney on a Matter in which the Duty of the Attømey to the Government Body Under the Texas Disciplinary' Rules of Professional conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Local Government Code (authorized by Section 551.071). b. Consultation with Attorney on Threatened Litigation as authorized by Local Government Code Section 551.071 - Creek Channel POSTED * Closed due to subject matter as provided by the Open l/Q/Q?. ._ ~ L.~ ClII,! ClvLlVII'Ii:) contemplated, it will be take in open session. ð:oo.fJf"t\. Time ,"'lIt 08/12/02 City Council Agenda Page 1 of 3 ~ CIty Secretary , ~~ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA AUGUST 12, 2002 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Councilman Tolbert 3. Pledge - Councilman Tolbert 4. Special Presentation a) Recognition of retiring barbers - Don Parker & Bill Otwell, PRO Barber Shop 5. Removal of Item(s) from the Consent Agenda 08/12/02 City Council Agenda Page 2 of 3 - ---~---··_-~---···----~~>·_--_'-"'__'._"_"~_,"H~_"'__________ NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of the Pre-Council Meeting July 22,2002 b. Minutes of the City Council Meeting July 22,2002 GN 2002-092 c. Appointment to the Citizen Capital Improvement Study Committee (No Action Taken at July 22 City Council Meeting) GN 2002-093 d. Revise Foster Village Elementary School Zone - Ordinance No. 2643 GN 2002-094 e. Setting Date for Public Hearings for 2002-2003 City Budget, Parks & Recreation Facilities Development Corporation and Crime Control District Budgets 7. PZ 2002-14 Consideration of a Site Plan Approval Request for Immanuel Evangelical Lutheran Church (Located at 7321 Lola Drive) 8. PZ 2002-16 Public Hearing to Consider Proposed Revision to the R-3 Residential Zoning District Lot and Area Requirements; Consideration of Revision to the Minimum Distance between a Side or Rear Property Line and Garage Entry in all Residential Districts - Ordinance No. 2644 9. GN 2002-095 Contract Authorizing Pass Through State Grant Agreement for NETS 10. GN 2002-096 Amending Food and Food Establishments Regulations - Ordinance No. 2645 Record Vote on Proposed Tax Rate and 11. GN 2002-097 Setting of Public Hearing ~> - -. POSTED 12. a) Citizens Presentation ¡Ie¡ 10;;" b) Information and Reports Date c IJ:OOJbt 13. Adjournment Time 08/12/02 City Council Agenda Page 3 of 3 8~-::- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-118 ~ Date: --r Subject: August 12,2002 Northeast Arts Council Introduction and Report Robb Wasielewski, the new President of the Northeast Arts Council, contacted our office and requested that he be placed on the agenda to introduce himself to the Council as well as provide a report on the status and activities of the NE Arts Council. Mr. Wasielewski will be present to do this during the pre council meeting, and will also be available to answer any questions that you may have. Respectfully Submitted, ~~ / Larry J. Cunningham City Manager '~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ., ~ - ¡';¡' INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2002-123 ~ Date: --r SUbject: August 12, 2002 November 5 Special Election The City's special election to fin the Place 7 vacancy will be held on November 5. In addition, Tarrant County will be conducting the State General Election on the same day. The past several years the City has held joint elections with either the county or school district when possible to better accommodate our citizens. The City Secretary has been in contact with Tarrant County Elections office discussing the feasibility of a joint election agreement with the County for November 5. Tarrant County Elections is in favor of a joint agreement with our city and prefers to hold the election jointly so the voters will not be inconvenienced. However, there are a couple of significant changes the Council needs to consider, should the City enter into a joint agreement with the County. Those changes are: · Because of programming issues, City's portion of the ballot will be at the end instead of the beginning as in the past. County advises they anticipate the Election Day ballot to be two- sided, 3 column. City would be listed on the back at the bottom. The DRE would be used for early voting and the City's portion would be at the end. It will be separated out from the County. · Election Day polling locations would change. Instead of using our regular election day polling elections, we would be using the County's polling locations for our city precincts. They anticipate they will have approximately 14 locations. Dan Echols Senior Center and City Hall will be two of the voting locations. Two of our precincts (3140 & 3326) would still vote at Dan Echols Senior Center and one precinct (3214) would still vote at City Hall. All other precincts would vote at the designated County precincts. Attached is the list received from the County on tentative polling locations for our citizens. Not all of the locations have been confirmed at this time. · Election results will be slower coming in Election night. Because there will be approximately 14 different locations, it will take longer to receive and compile the City's results. The City does not have to enter into an agreement with Tarrant County for a joint election and can hold a separate election if Council prefers. There are pros and cons to holding a joint election and separate election. ' Separate Election - Pros · A separate election will allow us to use our three regular election day polling locations rather than 14 locations · Shorter ballot · Ability to receive timely election results ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Separate Election - Cons · Those citizens desiring to vote in both elections will be inconvenienced by having to go to two different locations in order to vote in both elections G Additional voting location confusion - we already encounter problems with citizens who are at the wrong location to vote · Several of our election judges and clerks were recruited from the County and they therefore will work the County election. Should we not enter into an agreement with the County, the City will need to recruit and train several new judges and clerks to work the City election. · Dan Echols Senior Center and City Hall will still be utilized by the County for their election. Some confusion may result from two separate elections being held at the same location. In order to vote both elections, citizens will have to wait in line twice and be qualified twice by the election officials. This might cause some frustration at these locations and the voter leave without voting in both elections. · Space problem - for early voting and election day (Dan Echols & City Hall) will need two election set-ups in polling location in different locations. Additional phone lines will need to be installed. · For early voting, voters will have to stand in two separate lines and sign in twice. Joint Election - Pros · Citizens can vote both elections at one location on one ballot, one voting line, voter signs in once. · City will pay the County 75% of the cost of our most recent election. There will be a small cost savings. · County will be using City Hall as a polling location during early voting for their election. If we agree to a joint election, our citizens will be voting on the DRE and will be able to vote not only at "-- City Hall but also at any of the other County early voting locations. This will provide an extra opportunity for citizens to vote who are outside the City but in the County during early voting hours. · Ability to utilize County's Judges and Clerks. Joint Election - Cons · City's portion of election will be at the end of the ballot · 14 Election Day Voting locations · Lengthy ballot may frustrate those voters wishing only to vote in City election. In the event we decide not to conduct the election jointly, the County has advised we would still be able to enter into an agreement with the County for early voting services and other miscellaneous election services as we have in the past. There will be two early voting set-ups, voters will have to wait in line twice and sign in twice. Under this arrangement, our citizens will only be able to early vote at City Hall as opposed to the other early voting locations throughout the County. In summary, the city has the following options for the November 5 election: 1) Enter into an agreement with the County for a joint election. - early voting available at City Hall < and throughout the County, 14 election day locations with one combined ballot '\..- Conduct a separate election - Early voting at City Hall, three election day locations, city-only ballot ~- ~)ur plans are to call the November 5 election at the next Council meeting. However, in order to prepare the resolution calling the election, direction from Council is needed as to whether a joint election with the County would be desirable. Staff will be available during Pre-council to further discuss the City's options and answer questions. Respectfully submitted, (;7'alAil/d, ~ Patricia Hutson City Secretary Attachment '- "- 08/07/02 WED 16:43 FAX 8841755 ELECTIONS ADM I4J 001 North Rtcbland Hills Precincts at Tarrant County Polling] FØIf _" ¿-~7- ¿ð/¿ ~~~~ PtøJdf/7-2JC/-/1S Precinct Location 3041.3575 Ma.p1ewood Baptist Church, 7708 Maplewood Ave, N Richland Hills, 76180 3527,3049 Smithfield :Elementary School, 6724 Smithfield Road, N Richland Hills. 76180 3063 North Ridge Middle School, 7332 Douglas Lane, N Richland Hills, 76180 3140,3326 Dan Echols Senior Center, 6801 Glenview Drive, N Richland Hills. 76180 4141 -¥NOrth Oaks Middle School, 4800 Jordan Park Drive, Haltom City, 76117 - ß'A/ÆY/ 3177.3584 Smithfield Middle School, 8400 Main Street, N Richland Hills, 76180 3209 ? (Location not available) 3214 Nofth Richland Hills City Hall, 7301 Northeast Loop 820, N Richland Hills, 76180 ~215.3366.3424.~ St. Paul Presbyterian Church, 4517 Ruff Snow Drive, N Richland Hills, 76180 '3289 N Richland Hills Church Family Life Center, 4001 Vance Road, N Richland Hills, 76180 3324 College Hill Church of Christ, 7447 College Circle, N Richland Hill:;, 76180 3333 The Academy at Carrie F Thomas, 8200 O'Brian Way, N Richland Hills, 76180 3364,4191.3416 Watauga Middle School, 6300 Maurine Drive, Watauga 76148 3387,3367,3543 North Ridge Elementary School, 7330 Holida.y Lanl:, N Richland Hills, 76180 3507 North Park Baptist Church, 7025 Mid Cities Boulevard, N Richland Hills, 76180 Precinct 3209 has a registration of 2191- I am hoping we can find a new location for them. The church that was previously used has been sold.. The hiebli2:htcd underlined urecincts are not in North Richland Hills. but vote at these locations. 'IT ~re are not any NRH voters at this location. To-City Of North Richla Pa,l 01 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-122 -+ August8,2002 Discussion of Dates for Economic Development Strategic Plan Tom Stellman and Jon Roberts of TIP Developmènt Strategies were selected as the consultants for North Richland Hills Economic Development Strategic Plan. TIP Development Strategies has proposed a workplan that involves initial discussions to identify the top three opportunities for prioritizing economic development efforts in the future. Their approach is to assist the city in identifying strategies and priorities that will have the highest impact on the city's future economic health over the next several years. TIP Development Strategies and City Staff are recommending two work sessions with all members of the City Council, Planning & Zoning Board and Economic Development Advisory Committee. A comprehensive questionnaire was sent out to help with the prioritization of strategies. The initial work session is proposed for Wednesday, August 21 from 6:00 to 8:00 p.m. at the Fire Training Center. All respondents have said they would be able to attend the initial meeting with the exception of Lyle Welch. The follow up work session was proposed for either Wednesday, September 11 or September 18. There is not a clearcut direction from all the participants for the second meeting. For this reason, staff is asking direction from City Council to establish a date for both meetings. The consultants are available for several dates in mid to late September and early October. We will have several dates for discussion at the Council pre-meeting. ~v~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ,,¡ ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR# 2002-117 \* Date: August7,2002 Subject: .Solid Waste RFP The City is planning to release the RFP the week of August 12th. We intend to include the provisions that have been negotiated with our previous provider as well as some additional provisions that have been included in other contracts in the North Texas area. The base proposal will be a four-year contract with no rate increases. It will continue to meet the basic conditions that have been set forth by the City Council as well as additions to those terms and conditions. The contract will address items such as customer service, loose brush pickup, and include two times per week take all curb side residential collection and one time per week residential recycling collection. The base proposal will also include a maximum "not to exceed" base price for each service offered. The vendor's option will be to accept the base price or offer a lower price. These base prices will be equal to or less than previously discussed prices. We will continue to include items such as extended customer service telephone hours and the ability to adjust commercial schedules when causing a disturbance in residential areas. The Contractor will also be required to do curb side Christmas tree collection on two selected days after Christmas and the contract will continue to have missed collection penalties as ~ well as an extended time for reporting missed collection for same day correction. All City solid waste needs will be included in the contract at no charge and we will continue to have the sixty roll off collections for our community cleanup programs. The goal in this process is to assure that customers overall will see a net decrease in excess of $1.2 million and that no individual customer will see an increase. This would amount to residential rates being lowered at least 6.25% and commercial front load rates being reduced more than 10%. We will continue to have a most favored nations clause in the contract and will also have other provisions dealing with City Council contact during the process and termination criteria in the event of poor service. If you have suggestions or comments on this, please feel free to get in touch with Staff or mention those in the pre-council session Monday night. The Staff thanks you for your direction and assistance on this matter. Respectfully s'3v~ ) Greg Vic Assistant City Manager '-.' ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Tentative Calendar August 13,2002 August 14,2002 August 29, 2002 October 2002 February 1, 2003 RFP release Pre-proposal conference Proposals due Contract approved by City Council Contract with service provider begins 1~ "" INFORMAL REPORT TO MAYOR AN D CITY COUNCIL No. IR200~-116 ~ Date: T Subject: August 12, 2002 , '--- Consideration of State Legislation for Submittal to Texas Municipal League ....,1 As you know, the 2003 State Legislative session is approaching. The purpose of this item is to request any last minute feedback from the City Council regarding development of the TML legislative program for the coming year. As has been the practice in the past, we have based our legislative program on four guiding principles. Those principles deal with maintenance of local control, predictable and sufficient level of revenu_e, state mandates, and quality of life issues. This year we anticipate that many of the issues will remain the same or similar. As you know, a substantial effort of the Texas Municipal League and cities is to defeat bad legislation. In the coming session, we anticipate that the following issues will likely be addressed or attempted to be addressed by the State legislature. TML will probably address these issues as well. Rezoning: The legislature will probably consider legislation that would require a city to reimburse the property owner if rezoning diminishes the value of the property. Regulation of firearms: The Legislature will probably consider legislation that will eliminate the authority of a city to regulate the possession of firearms on municipal premises. Housing Costs: The Texas Association of Builders will likely introduce legislation that will restrict municipal fees affecting housing costs as well as require housing cost impact statements by cities for fees that cities may have affecting housing costs as well as a review of all government practices and codes affecting housing affordability. Manufactured/Industrialized Housing: The Legislature will probably consider legislation that will erode cities' authority to regulate location of these products. NFPA1710: Legislation will probably be introduced to mandate NFPA1710, staffing and response standards in Texas. Collective Bargaining: Legislation will probably be introduced that would allow a city to enter into a collective bargaining agreement with public safety unions without a popular vote. Right-of-way Authority: Legislation will likely be considered that would erode municipal police power for land use in right-of-way issues. Additional Issues: There is also the possibility that other issues will be initiated by municipalities through TML including expanding municipal revenue sources, consolidation of state fees collected in municipal courts, restrictions on property tax exemptions, and expansion of municipal authority to regulate development. Also issues relating to financial disclosure of elected and appointed officials could be on the table to be discussed as well as open meeting exemptions for security issues. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ....:¡. .. .,,-- '-- "- 2 If Council has suggestions for Staff in development of the TML legislative program, feedback would be appreciated at this time. Staff will take feedback that is received from the City Council and Department Directors and prepare resolutions for submittal in the TML legislative program process. Those resolutions will be addressed at the August 26 City Council Meeting. All resolutions must be to TML by August 30th. If you have questions or would like to discuss this matter further, please give Greg Vick a call. RéSpectfuUy Jû~ U Assistant City Manager -. " INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-120 ~" , Date: · Subject: August 12, 2002 Regional Emergency Management Planning Council The Council of Governments (COG) hosted an Emergency Preparedness Conference in February which primarily dealt with the threats of bioterrorism. At the conclusion of the conference, several elected officials requested COG develop a program which would facilitate the coordination and integration of the various emergency preparedness plans of stakeholders such as local, state and federal agencies, hospitals, and other private sector entities. By having a more integrated and coordinated emergency planning process, it is believed that the region could do a better job of responding to a large scale, catastrophic event and that it would also strengthen response capabilities to other natural and human caused emergency situations. In response to this request, the COG Executive Board authorized the creation of a Regional Emergency Management Planning Council at its Board meeting on April 25th. The Council's membership will be elected officials from participating cities and counties. Cities are to be grouped into population brackets in accordance with 2002 population estimates. Each participating city may nominate an elected official to be considered for a seat on the Council. Each population bracket wit! be assured a minimum of one seat on the Council. Population L rackets with one to five participating cities will be assigned one seat, brackets with six to eleven cities will be assigned two seats, and brackets with twelve or more cities will be assigned three seats. A technical committee(s) will be established to assist the Council in carrying out its duties and responsibilities. This committee(s) will be composed of professional staff of the various stakeholder groups involved in emergency management planning. The Council of Governments encourages each city to designate a staff member to serve on this committee. Two professional staff members to administer this program will be hired. At this time, Greg Dawson, the previous Emergency Management Coordinator of Fort Worth has been hired to serve as the manager/director of this program. The other position will be an administrative assistant who will assist with analytical tasks and report writing. Interns from the University of North Texas' School of Emergency Management will also be utitized to assist in this program. The Council of Governments will have to have financial assistance from cities and counties to offset the cost of this program. To accomplish this, COG has assigned a fee for each participating city that ranges from $2,000 to $12,000 per year depending upon which population range a city fits. The City of North Richland Hills would be assessed $5,000 annually. This is what we included in the proposed budget for 2002-2003. The full fee of $5,000 is not due until October 2002. Currently, however, there is a need to get this program initiated as quickly as possible and COG is requesting that the cities pay one-half of their : 1ssigned fees for this purpose. The City of North Richland Hills' cost would be $2,500. On '-.Jctober 1, 2002, the City will be billed the full amount of $5,000 for FY 2003. Each year after that the City will be billed for its full share. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~urrently the following cities/counties have committed funds to this project: \...-- Collin County: Denton County: Dallas County: Collin County, Cities of Allen, Plana and Wylie Denton County, Cities of Carrollton, Corinth, Denton, Flower Mound, Lake Dallas, Lewisville and The Colony Dallas County, Cities of Addison, Cedar Hill, Coppell, Dallas, Duncanville, Garland, Mesquite, Richardson, Rowlett and University Park Tarrant County, Cities of Arlington, Azle, Bedford, Benbrook, Colleyville, Euless, Fort Worth, Grapevine, Hurst, Keller, Mansfield, Richland Hills, Saginaw, Watauga and White Settlement Tarrant County: Although Council concurred with the annual dues for 2002-2003, we did' not discuss starting early. We recommend we proceed with this year's "start-up" cost, but wanted to review this with Council since we did not discuss this part with you at the recent budget work session. Again staff recommends beginning now, and requests Council concurrence. Respectfully Submitted, ~~ Larry J. Cunningham ~ity Manager ',,-- \ '- . Mar-ZO-02 01:.8a11 FrOl-Ci t~ Of North Richland HIIII-Adllin, +11T4ZTSOIS T-I.3 P,01/01 F-S8Z . , ' North Central Texas Council Of Govem~ents TO: City ManagM'a ~ County Judges FROM: Mik~ EutIand - A .Jÿ Executive ~r y\...(..../ , SUBJECT: ReQional Emergency M~nagement Planning Council Funding Clarification CA T~: May' 14. 2002 ,SeveraLDfyou haWLcantadad ouroftåCe regarding· the financial aspect.of this projedtor budgeting purposes for ,FY 2002-2003. 'You have received an invoice requesting one-half of your assigned fee by May 31- to get the p¡:ogram started In JLI18 to sustain it through the remainder of the current fiscal year. In October 2002, another invoice will be mailed to each of you for the full f.. IITtOWlt which wil cover FY 2002-2003 (October 1" through September 30"'). ~' þ ~ j¿--.- ~ "JJØ ¿" 0 ,k . (JV' S. 2.0-02.- .. . . , 616 Six Flagå Drill.. C8nterpointTwo P. O. Box 5888. Arlington, TedS 7600$-5888 (817' 6<\0-3300 FAA; 817-e.O-78Oð <Ð recycled paper hnp:l/WWw.dlwinfo.com r. North Central Texas Council Of Governments TO: City Managers FROM: Mike Eastland L#1 f / Executive Director 7/l.Jlw' DATE: May 1, 2002 SUBJECT: Regional Emergency Management Planning Council The Council of Govemments hosted an Emergency Preparedness Conference in February which primarily dealt with the threats of bioterrorism. At the conclusion of the conference, several elected officials requested us to develop a program which would facilitate the coordination and integration of the various emergency preparedness plans of our membership and to include other stakeholders such as state and federal agencies, hospitals, and other private sector entities. By having a more integrated and coordinated emergency planning process, it is believed that the region could do a better job of responding to a large scale, catastrophic event and that it would also strengthen response capabilities to other natural and human caused emergency situations. In response to this request, our Executive Board authorized the creation of a Regional Emergency Management Planning Council at its Board meeting on April 25th (Attachment 1). As I have discussed with you previously, the Council's membership will be elected officials from participating cities and counties. Cities are to be grouped into population brackets in accordance with our just released 2002 population estimates. Each participating city may nominate an elected official to be considered for a seat on the Council. Each population bracket will be assured a minimum of one seat on the Council. Population brackets with one to five participating cities will be assigned 1 seat, brackets with six to eleven cities will be assigned 2 seats, brackets with twelve or more cities will be assigned 3 seats. A technical committee(s) will be established to assist the Council in carrying out its duties and responsibilities. This committee(s) will be composed of professional staff of the various stakeholder groups involved in emergency management planning. We encourage each city to designate a staff member to serve on this committee. We plan to employ two professional staff members to administer this program. One will be the manager/director of this program and the other will be an administrative assistant who will assist with analytical tasks and report writing. We also plan to utilize intems from the University of North Texas' School of Emergency Management. Also as mentioned to you previously, we will have to have financial assistance from our cities and counties to offset the cost of this program. To accomplish this, we have assigned a fee for each participating city that ranges from $2,000 to $12,000 per year depending upon which population range a city fits (Attachment 2). The full fee is not due until October 2002. We will invoice you for this amount at that time. However, there is a need to get this program initiated as quickly as possible and I am requesting that you pay one-half of your assigned fee by May 31st for this purpose. An invoice for this amount is enclosed. I appreciate your support of this program and look forward to wOrXing with you in making it a success and therefore of benefit to you. Let me know if you have any questions. ME:lr Attachments 616 Six Flags Drive, Centerpoint Two p, O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 @ recycled paper http://www.dfwinfo.com ATTACHMENT 1 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS EMERGENCY PREPAREDNESS PLANNING COUNCIL Primary Responsibility of the Council The Emergency Preparedness Planning Council serves in an advisory role to the NCTCOG Executive Board. The Council has responsibility for providing policy direction and oversight functions to the development and maintenance of a coordinated and integrated regional approach to emergency management planning and response systems. The Council may also make recommendations as to how the region can most efficiently and effectively utilize state and/or federal financial assistance made available for emergency and disaster planning, mitigation, and recovery. The Council specifically devotes its attention to the following functions: 1. Coordinating/integrating the preparedness plans of the various regional stakeholders. 2. Providing advocacy for legal, regulatory, and legislative actions needed to ensure the most effective response to a major incident/disaster. 3. Providing assistance in assuring interagency communication capabilities. 4. Providing assistance in assuring training opportunities for the various regional stakeholders. 5. Coordinating/conducting planning and response exercises on a regional/subregional scale. 6. Assisting in the development and implementation of an infrastructure for gathering and distributing medical/public health information among appropriate stakeholders. 7. Assisting in the development and maintenance of a list of key stakeholder contacts with telephone numbers. 8. Assisting in the development and maintenance of an inventory of private companies with the capabilities to assist with response/restoration functions. 9. Creating and maintaining GIS maps ~ntaining emergency preparedness and response data and other pertinent information. 10. Assisting with the establishment of a central center(s) to support an incident command structure and to help assure consistent and timely public information. 11. Assisting in securing grant assistance for emergency preparedness planning, equipment, personnel, and training requirements identified by the stakeholders. 12. Assisting in determining the most feasible and effective placement of special tactical resources to assure the best response possible to a major disasterlincident. Recommendations of the Council The recommendations of the Council are accepted by the Executive Board through a simple majority vote. A two-thirds (2/3) majority vote by the Executive Board is required to reject a recommendation of the Council. Plannina Area The initial efforts of the Council are to be concentrated in Dallas, Tarrant, Collin, and Denton Counties but may be expanded in the future to include other NCTCOG counties. ATTACHMENT 2 CITY POPULATION BRACKETS ANNUAL FEE 5,000 - 14,999 $2,000 15,000 - 29,999 $3,000 30,000 - 49,999 $4,000 50,000 - 79,999 $5,000 80,000 -119999 $6,000 120,000 -169,999 $7,000 170,000 - 249,999 $8,000 250,000 - 399,999 $9,000 400,000 - 749,999 $10,500 750,000 + $12,000 COUNTIES ANNUAL FEE Dallas $12,500 Tarrant $12,500 Collin $7,500 Denton $7,500 REGIONAL EMERGENCY MANAGEMENT PLANNING COUNCIL RESPONSE FORM The City of will participate in the North Central Texas Council of Governments Regional Emergency Management Planning Program and agrees to pay its assigned fee to offset the cost of administering the program. Council. is the elected official nominated to serve on the Planning Council's technical committee(s). is the staff person designated to serve on the Planning Authorized Signature NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 CITY OF NORTH RICHLAND HILLS P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76182-06 GLOC850 INVOICE NUMBER: INVOICE DATE: DUE DATE: 43875 05/0112002 06/0112002 BILL TO: Net 30 Project Code 850.02.0.90.9500 PO Number Terms Description Participation in NCTCOG Regional Emergency Planning Program Period Ending September 30, 2002 - Total Amount Due $2,500.00 MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 For inquiries contact Administration at (817) 695-9130. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817) 640-7806 Attn: Accounts Receivable. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 CITY OF NORTH RICHLAND HILLS P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76182-06 GLOC850 INVOICE NUMBER: INVOICE DATE: DUE DATE: 43875 05/0112002 06/0112002 BILL TO: Net 30 Project Code 850.02.0.90.9500 PO Number Terms Description Participation in NCTCOG Regional Emergency Planning Program Penod Ending September 30, 2002 Total Amount Due $2,500.00 MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 For inquiries contact Administration at (817) 695-9130. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817) 640-7806 Attn: Accounts Receivable. .§pecial Presentations Certificate of Recognition Presenter: Council Member Scott Turnage Recipient: Don Parker and Bill Otwell These two gentlemen were barbers at the PRO Barber Shop for 45 years. Generations of families have frequented this popular barber shop. They had several regulars who were very disappointed to see them close their doors for business on July 26th. See attached articles. ~ Star- e égram / Saturday, July m, 2002 ~F- \\' \V W ,OF \V COM Closing up shop Don Parker, above, cuts the hair of 16-year-old Ben Fogh. .years. Parker and partner Bill Otwell, below right, say F"ogh. one 01 Parker's "newer" customers, has been they have heard enough tales over the years to write "a going to PRO Barber Shop in North Richland Hills for 11 heck of a book." T\vo barbers in North Richland Hills are retiring their clippers after 45 years of fond memories Don Parker wears a white barber's smock and has :1 tbttop so perfect it could sweep the floor, He Jabs a rat of hot shaving cream un the back of an elderly man's neck ~nd runs a straight razor behind his jug ears until the tiniest hair falls to the floor in a white dump, To his Idt. Bill Otwell keel's his buzz cut extra short - rartly heC:1l1se of nature, partly because of expert dippers, He mans an antique chair, so old it has ash- trays on the :¡rmrests, and h;mters with the retirees waitinf( with their black socks hikeJ halfwav to their knees, "Yo~ can see thev don't do a VCrY gonJ ioh," S;¡ys Jim Lindsey. a .iO-ye:¡r custom~r,'''\Ve're all losing our hair," I i.~"~: r. _ tc:;,,~ ~- -_"";¡:;~~'P~:.-. ' ¡.,,'?'''> ,:~_n._:~" ::~.~. . ~J'.~" '''..-~ i .. ¿,,~..... .! I ,"¥,.I' ',. .. I~!'"·· ". :.~i.-:':~.¿~: .....---::- On this dav. there is a somber fee¡'ing in PRO Barber Shop, one of the oldest business- es in North Richland Hills, Otwell and Park- er will retire July 26. ' ending a 45-year run. The men feel the mix of nostalgia and regret that comes when a baseball team leaves town or a favorite grocery store closes, "What are you going to do with all your equipment?" Lindsey asks, "Most of it is going in the trash:' says Otwell. cliprers buzzing, PRO Barber Shop is older than some Tarrant County communities, It sits at the back of a strip mall on Grapevine Highway, behind ~ Kroger that used to be a Winn-Dixie, Otwell and Parker, both from tiny De Lenn. Mo'e on B/\RßERS 011 19/\ ST( )I{Y ¡¡Y ,j( )Sf! SII.\FFŒ * I'H!J,],OCIL\.I'IlY BY \11.. (;I{W * STAR-TELI<:(;I{A\I ------- ----- --------.-- uly 13.20021 Star-Tele!l'llm ------- FROM IA www.dfw.coml19l\ ßARBERS 'nued from L4 ~ llave been drawing the same cus- tom,," sinœ tl\" 19S0s. One patron is91. "[ cut a corpse's hair onœ at the requet of his wif"," ParIœr sa)'5. '"He'd been a customer, and he need- ed a flattop real bad." Otwell and Parker buzzed and clipped through President Kennedy's assassination, the moon landing. the civil rights movement. Watergat", the Reagan years, Monica Lewinsky and Sept. U. Imagine the convemtions. "If we'd have made notes," Otwell says. finishing a cut, "we could have had a heck of a book." When Otwell got hired in 1957, fresh from Texas Barber College on Weatherford Street in downtown Fort Worth. a drive down Grapevine Highway was a drive to a dusty nowhere. No restaurants. No grocery stores. Hardly a town. "I ran out of city," Otwell says, recalling the drive from Fort Worth. "[ ran out of everything. I thought. 'Man alive. where am I going?' Then [ walked into that barber.¡hop, and for the first time in my life I felt cold air blowing out of the ceiling. I said. Tve got to have this job: " The shop's cash register dates to 1962 and still uses the original stock of receipt tape, grown slightly yel- low. Its stereo system has run all day, every day since 1%8, usually turning out easy' ' 'ing favorites. Thes6 narbers have been cut- ting hair R5ng enough to see the George Clooney-style Caesar cut come and go - twice. For the customers, watching Otwell and Parker go is an acknowl- edgment of their own age. "I don't want to talk about it." says Dan Perez. a favorite customer who brings homemade enchiladas and ribs to the shop on Fridays. "Dan." says Otwell, clipping Perez's hair, "you can't kcep it all inside. You've got to talk about what's bothering you." Parker joins in. "Is Dan keeping something bottled up again? He still won't give me the recipe to his secret sauce." . "Dan." Otwell says, "if[ thought mere was some secret to cutting hair. ,rd broadcast it from the highest hill. And here you are holding back on that secret sauce." Perez pauses, the foam still wet on his ears. . "You guys are just different," he says. "It's just tike Cheers with no li,quor." ..... . ,~ "'.;;.-"r'- ~, ,r·-~' ~ ; ~, ~ '* ,;¿~-..., ,-"~. - STAA-TEUGRAW/M.L. CAAV Donald Welborn, a reqular customer since 1966. 'Naits his turn est businesses in North Richland Hills, and it is older than for a haircut Wednesday. PRO Barber Shop is amonQ the oid- some communities in Tarrant County. STAFHU.£GIUM/M.L CRAY Don Parker and Bill otwell have used the same cash reQister since 1962. The pair have been barbers 10nQ enouQh to see some hairstyles come and QO twice, As if on cue. in walks Jim Martin. a fonner barber who has made a f",- tune in real estate deals, He wears striped overalls. red socks and a gimme cap, "Would you e\'er guess he's a mil- lionaire?" Otwell asks, Martin takes a seat in an empty chair. "Remember Tiger?" he ask.:;, uOf course I remember Tig-er:' Parker says, "He wo< the guy that swert lIr the mall:' Martin explains, "He could really lie, man. There was a monkc\' that had e<cared, This monkey was killing people's dogs, Old Tiger, he comes in :md he says he was out there and he caugh't that monkey. He knew it bv name. and aJ! he had to do was call ií, Right about then, the r.1dio comes on anù says something abollt the monkey still being at large, TI~er says. ·Well. there must be a bu'Och of them out there:" 'A lost art' True barbershops are rare, says ~bnde Weaver, who taught the trade befo're going to work at the state Bar- Barbers versus cosmetologists Barbers: · Must display a tricolor pole · Cannot braid hair · Cannot wax eyebrows · Must cut hair over a comb · Cannot do a permanent Cosmetologists: · Cannot use a straiqht razor · Can use only scissors or clippers to trim facial hair · Must cut hair over their finqers · Do froufrou hair SOURCE: state Barber Board and barbers ber Board. The Fort Worth Yellow Pages lists a dozen or so. but Otwell and Parker say they know of no oth- er old-school types. They were always a men's club, Weaver says. a smoky place of shav- ing cream and dirty jokes. "Years and years ago," she says. "women were not allowed to get their hair cut in barbershops, and men were not allowed to get their hair cut in beauty shops." Unisex shops appeared in the 70s. Mom. Dad and the kids could go together. Weaver says. and the appeal of one-stop shopping caught on. Barbershops endure as anachro- nisms. about as common as shoeshine stands. But the law still distinguishes between barbers and cosmetologists; Barbers cannot braid hair or wax eyebrows. Cosmetologists cannot "We worked in the lon~-hair trade for a while. It wouId take five minutes just to get all the instructions. [t'sjust a different ballgnme from what we do.~ -DoDPaner touch a straight razor. "We worked in the long-hair trade for a whil", " Parker says. "It would talce five minutes just to get all the instructions. It's just a different !jall- game from what we do." . People don't give instructions at PRO Barber Shop. They just sit down under a striped smock. Otwell and Parker know what they want. '"The barber could do what they do now," Otwell says of modem stylists, "But they couldn't do what....., do. We cut over a comb. They use their fIn- gers. On short hair. that don't wori<." Their customers lament, "Where willI go now?" "I know it's going to be hard to ~ct flattops," says James TItus, sitting in Otwell's chair. "I went to Euless one day when you guys were closed, and I asked the lady for a flattop. She just kind of circled me for a whil", and I said. 'How long you been cuttin' hair?' She broke down and started bawlin·. I think it's a lost art." One last task Otwell and Parker's sole remain- ing chore is finding a home for all the barber.¡hop paraphernalia, including the trophy bass on the wall and the set of antlers, the striped pole out front. and the three barber chairs in the shop and the two others in Parker's garage. The two will keep a few memen· tos: their tools. the wooden likeness- es a longtime customer whittled for them. As they are discussing this. Otwell rises for lunch in the back room. and Martin. the fonner barber clad in overaJls. follows him. Business talk is whispered. and soon Otwell yells into the room where Parker is cutting hair. "Would you accept eight for everything. Don?" "Eight what?" Parker yells back. "Dollars! With zeros behind it:' "Depends on how many zeros." Otwell turns to Martin and asks. "How many zeros? 1ñree?" Martin nods. "Three zeros!" Otwell yells. "Eight thousand for everything." "Sold," Parker says. "He can't have the çlock. though. We a'1ready sold the I:lock." ,",' , "",. The clipper.¡ buzz on. Josh Sh¡ffor, (8tT) 685-3957 jsha"tr.~tiJ·tlJt.qrilm.com lOB I www.dfw.com/news Star-Telegram I Tuesday, July 16, 2002 LETTERS, FAXES AND E-MAILS TO THE EDITOR Barber memories Regarding the Saturday article about the closing of the PRO Bar- ber Shop: My family moved to North Richland Hills in 1956, when Rufe Snow Drive was a dirt road. Dur- ing that time, my dad, Herb Owens, was a sports writer for the Star- Telegram. Dad was a cus- tomer at PRO Barber and remained so throughout his 40- year career with the newspaper until he retired and moved to another part of the state. Bill Otwell gave me my first haircut. If he was busy, Don Parker did the deed. As I grew older, my parents trusted my sister to walk to the shop. On one occasion, my sister cut my hair in the alley behind the shop. and we used the haircut mon- ey to buy a hamster at the Motts Variety store next to PRO Barber. The haircut didn't fool my moth- er. She promptly took me back to the barbershop, and Otwell took care of business. I got a burr hair- cut as the consequence. Otwell and Parker cut my hair every week and continued the practice throughout my school years. In 1984, I took my son for his first haircut. Otwell received the assignment with pleasure. He made history in our household by being the first to cut our hair for three generations. I photographed Otwell giving my son his first cut, and I gave Otwell a print of the picture. Soon afterward, I accepted a job out of state and felt like I was betraying the good folks at PRO Barber every time I got a cut else- where. When we returned to North Richland Hills after a two- year absence, I took my son back to the barbershop, and Otwell still had the photograph of him on his mirror. Today, I'm bald and have little need of a barber. My son is 18, and I know that if he had a son, Otwell would have the honor of cutting a fourth generation. . I was sad to see PRO Barber close. It's nothing less than a death in our family. However, I'm excited for Otwell and Parker on their retirement. Thanks to both of them for excellent service. May retirement find them following their dreams. We shall never forget the fond memories. Don Owens Sr., Azle MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 22, 2002 - 5:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Pam Burney Thomas Powell Terry Kinzie Jim Browne Vicki Loftice Dave Green City Manager Assistant City Manager Assistant City Manager Managing Director of Operations & Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Environmental Services Director Support Services Director Information Services Director Park & Recreation Director Assistant Park & Recreation Director Zoning Administrator Absent: Lyle E. Welch Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 5:02 p.m. DISCUSS ITEMS Agenda Item 6c - PS 2002-17 - Councilman FROM REGULAR Whitson questioned if the only stipulation from JUL Y 22, 2002 CITY the Planning & Zoning Commission concerning COUNCIL MEETING the masonry screening wall was that it be included on the plans. Staff advised the stipulation was that the Public Works Department receive the plans for the masonry screening wall and that the plans have been submitted to Public Works. NAN Pre Council Minutes July 22, 2002 Page 2 IR 2002-108 Mr. Curtis briefed the Council on the history of REQUEST TO the planned development and platting of four PROTECT OAK lots adjacent to the property east of 8336 Odell TREES ON ODELL Street. The plat was approved with the STREET understanding that the developer would provide a deed restriction to the City protecting the existing trees. The deed restriction and a detailed grading plan were provided to the City by the developer and approved by staff. The deed restrictions or grading plan apparently were not filed with the Court House. The property later sold to a builder who is unaware of the grading plan or deed restrictions. The current builder is interested in protecting the trees and is looking at different floor plans that will minimize the impact the houses will have on the trees. Mr. Curtis advised that any alteration to the grading plan would have to be approved by Public Works. Mr. Curtis was asked by Council to monitor the development. M.Curtis IR 2002-105 Mr. Steve King, representing North Hills Mall UPDATE ON and Burke Collins, updated the Council on the NORTH HILLS redevelopment plans for North Hills Mall. Mr. MALL King presented several renderings of conceptual DEVELOPMENT plans for the Mall. Mr. Pitstick briefed the PLAN - BURKE Council on the timeline for the zoning, platting COLLINS and completion of improvements to the Mall. J .PitsticklS.Norwood IR 2002-106 Mr. Dan Quinto, Arcadia Development, UPDATE ON HOME presenting a power point presentation updating TOWN NRH the Council on the project development and DEVELOPMENT - development progress of HomeTown. DAN QUINTO NAN IR 2002 -109 Mr. Pitstick advised that six changes were being DISCUSSION OF proposed to the Sign Ordinance at this time. At PROPOSED a later date, additional changes will be brought CHANGES TO SIGN before Council. A power point presentation of ORDINANCE the proposed changes was presented to the (AGENDA ITEM NO. Council. Proposed revisions are: 13) 1) Wall signs - 15% of habitable space, 2 sides of building, allowed on street fronts and public entrances; 2) Monument signs - 7 feet high, 50 square feet of sign area, 75 square feet for sign structure, no setbacks and surrounded bv Pre Council Minutes July 22, 2002 Page 3 masonry; 3) Pole Signs - allowed in Freeway Overlay zone - 65 feet, 400 square feet and Multi-Tenant Centers above 200,000 square feet - 25 feet, 100 square feet; 4) Temporary Portable Signs - allowed once a year for 10 days; 5) Fueling Station Canopy Sign - 2 faces, 25% of canopy face for sign and no fuel pricing on canopy; 6) Window Advertising - recommending 25% of windows and no permits required. Mr. Pitstick advised that Staff was looking at as an alternative to portable signs permanent monument signs at multi-use centers with changeable letters. Additional revisions to the sign ordinance will be brought forth at a later NAN date. IR 2002-112 Mr. Vick highlighted the proposed solid waste DISCUSS contract with Trinity Waste. Highlights of PROPOSED SOLID proposal are: clarification of the brush pickup, WASTE SERVICE extended call center hours, additional curbside CONTRACT Christmas Tree collection, penalty for missed (AGENDA ITEM NO. collection after two remedy periods, service at 14) NRH20 will be free, detailed electronic complaint list, lock & gate fees for commercial container $1.00 per load, 60 roll off collections for community clean up program, city facilities will receive free recycling containers and collection, and distribution of community education brochure twice a year. Proposal lowers residential rates by 6.25% and commercial front load rates reduced by 10%. The overall savings as proposed will be $944,000 over four years. Mr. Vick explained that also included was a most favored nations clause in the proposal. Mr. Cunningham advised that late afternoon the City received an unsolicited proposal from IESI. Mr. Cunningham highlighted IESl's proposal. IESI is proposing to provide the same services as the current hauler at 10% savings across the board, equating to 1.2 million dollars savings over a four-year period. They guarantee an additional $100,000 savings per year versus the most recent proposal, will provide a performance bond guaranteeing proposal in amount of $1 ,000,000, will provide all of same types of services, same schedule and other provisions that Staff outlined in the proposal from Trinity Waste. IESI will siQn a one-year Pre Council Minutes July 22, 2002 Page 4 contract with an option for five years. Mr. Cunningham informed Council that if Council does not accept this evening a proposed contract, the contract with Trinity Waste expires July 31. Should Council decide to take proposals the City will need to seek interim service. In response to Council questions, Staff advised they will need at least 90 days to seek proposals. Staff advised they would provide a recommendation at the Council meeting. G.Vick IR 2002-107 Ms. Vickie Loftice, advised the City would be DISCUSS NRH 50TH celebrating its 50th anniversary in 2003. A ANNIVERSARY preliminary committee was formed to brainstorm CELEBRATION some preliminary ideas. The committee is recommending Council appoint a Celebration Committee. Ms. Loftice discussed some initial ideas that could be explored further with the Celebration Committee. Council was asked to consider appointing 8 business/community leaders to the Committee. The Mayor would appoint the Chairperson. Council was provided with a list of possible members. Ms. Mabry will fax to Council a form for each member to submit a name for the committee. Mayor Trevino advised he would like to appoint Don Dodson as Chair, if Mr. Dodson was willing. Councilman Whitson suggested including on the web site, individuals who have been in the City since the beginning and publish their names with their picture. Consensus of Council was to appoint seven members and if more are needed, committee members could seek additional volunteers to assist. V.Loftice/G.Vick ADJOURNMENT Mayor Trevino announced at 6:20 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property as authorized by Section 551.072 of the Local Government Code for discussion of a) Diamond Loch Tax Sales and b) land acquisition for city facilities in North Davis area, and to consult with Attorney on pending litigation as authorized by Section 551.071 of the Local Government Code for discussion of a) proposed settlement of Rufe Snow LP & Chase Manhattan Bank, b) Pre Council Minutes July 22, 2002 Page 5 Gonzalez v. NRH, and c) Livergood vs. NRH. Mayor Trevino announced at 6:57 p.m. that the Council would adjourn to the regular Council meeting Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary 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 - JULY 22,2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order July 22,2002 at 7:06 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Absent: Lyle E. Welch Councilman 2. INVOCATION Councilman Turnage gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. City Council Minutes July 22, 2002 Page 2 4. SPECIAL PRESENTATIONS A. RECOGNITION OF OUTGOING BOARD & COMMISSION MEMBERS Councilman Whitson recognized the following citizens for their service to the City on Boards and Commissions. Doug Blue, Roxanne Bryant, Smitty Clevenger, Dave Davis, Robin Eddins, Rick Enlow, Kathy Graves, Rick Graves, Dwayne Leslie, Robert Marks, Mary Norwood, Don Pultz, Ryan Shiflet, Patsy Tucker, Dennis York and Craig Zemmin. B. YARD OF THE MONTH Ms. Ruth Ann Smith, Beautification Commission member, and Councilman Tolbert presented the following citizens with certificates presented on behalf of the Beautification Commission and City Council. Jack & Vonnie Sutherland, 6616 Onyx Drive North; Andy & Amy Pitts, 7021 Briley; Wayne & Cindy Hayes, 6617 Meadow Ridge; Charles Huber, 6200 Abbott Avenue; Victor & Sonia Rodriquez, 6129 Roaring Springs; Grace M. Null, 6433 Little Ranch Road; John & Debbie Rehder, 8661 Madison Drive; Gene & Ruth Pruitt, 7025 Daleview Trail; and Dan & Ariane Recchia, 7820 Clover Leaf Drive. The Texas SmartScape Award was presented to Charlie & Poppy Mellard of 6805 North Oaks Drive. C. PARKS AND RECREATION MONTH PROCLAMATION Councilwoman Johnson presented Mr. Jim Browne and Ms. Vickie Loftice with a proclamation on behalf of the Mayor and Council. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes July 22, 2002 Page 3 A. MINUTES OF THE PRE-COUNCIL MEETING JULY 8, 2002 B. MINUTES OF THE COUNCIL MEETING JULY 8, 2002 C. PS 2002-17 CONSIDERATON OF A REQUEST FROM KAE SON KO FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2, BLOCK 1 TOWNE OAKS ADDITION LOCATED AT 8015 GLENVIEW DRIVE (0.81 ACRES) D. GN 2002-088 APPROVE THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH TXDOT FOR THE COTTONBEL T TRAIL SUPPLEMENT AND ROUTE SIGNS PHASE II - RESOLUTION NO. 2002-061 E. PU 2002-028 AUTHORIZE INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF GARLAND - RESOLUTION NO. 2002-063 F. PU 2002-029 REFURBISHING OF SIX 1999 TAHOES BY HUDlBURG CHEVROLET NOT EXCEEDING THE AMOUNT OF $105,000 G. APPROVE FINAL PAY ESTIMATE NO.5 TO CHAMPION COATING, INC. IN THE AMOUNT OF $18,650 FOR DAVIS BOULEVARD ELEVATED STORAGE TANK REHABILITATION AND REPAINTING Councilwoman Johnson moved, seconded by Councilman Whitson to approve the consent agenda. Motion to approve carried 5-0. 7. PZ 2002-12 PUBLIC HEARING TO CONSIDER A REVISION TO THE THOROUGHFARE PLAN THAT RECLASSIFIES THAT PORTION OF SUSAN LEE SOUTH OF MAPLEWOOD - ORDINANCE NO. 2641 APPROVED Mayor Trevino advised council that he would like to open the public hearing for PZ 2002-12 with Item No.9, PS 2002-08 if there are no objections from council. Mr. John Pitstick, Director of Development, advised council that the property was previously zoned and has been rezoned as C-2. Mr. Huggins is coming forward with a replat requesting closure of Susan Lee Lane. Staff required a traffic impact analysis be prepared to analyze the closure of Susan Lee Lane. The report concluded that the closure would have little impact on traffic circulation in the area. City Council Minutes July 22,2002 Page 4 Mr. Curtis advised council Susan Lee Lane is shown as a collector street from Loop 820 to approximately Lola. Mr. Curtis informed council that a collector street by definition carries a certain amount of traffic and allows traffic to flow from the neighborhood to the arterial streets. The traffic counts that were conducted by the developer indicate that Susan Lee Lane does not function as a collector street. The traffic count shows the same amount of traffic on Susan Lee Lane as Nancy Lane. Nancy Lane is designated as a residential street. The traffic count indicates that Susan Lee Lane is functioning as a residential street. Mr. Curtis advised council that the traffic counts took into consideration the number of people who turn south on Susan Lee traveling both from the east and the west, and the traffic traveling from the north straight through Susan Lee Lane to the frontage road. The results do not indicate a significant increase to Nancy Lane as it exists today. Mr. Curtis advised council that future Texas Department of Transportation (TxDOT) plans include the widening of Loop 820 with a proposed on/off ramp to be placed in front of Huggins Honda. It is estimated that it will be 5 to 8 years before TxDOT is completed with the widening of Loop 820 and the proposed on/off ramps in front of Huggins Honda. This could possibly increase the traffic on Nancy to the frontage road. Mr. Pitstick advised council that staff received a petition in opposition to closure of Susan Lee Lane. The primary concern being additional traffic to Nancy Lane. Mr. Pitstick informed council that the Planning and Zoning Commission made a second recommendation that staff include Nancy Lane on the Capital Improvement Projects and to further study traffic in the area. This was not a stipulation of the plat, but rather a separate recommendation. The Planning and Zoning Commission did recommend approval of the final plat. Mayor Pro Tem Metts asked staff for the traffic count for a normal residential street. Mr. Curtis advised council that a normal residential street is designed to carry 1200 - 1500 vehicles a day and currently the number is half of Susan Lee Lane. Mayor Pro Tem Metts asked if Susan Lee Lane were to be closed would the added traffic flow to Nancy remain within the count for a residential street. Mr. Curtis informed council if all the cars that traveled Susan Lee Lane were to travel on Nancy Lane it would still meet the design of a residential street. Mr. Curtis advised council that Public Works would continue to monitor the traffic on Nancy Lane. Mr. Curtis notified council of another concern of the property owners - condition of Nancy Lane. Public Works does recognize that Nancy Lane is in poor condition and for that reason it is one of the projects that the Citizen Capital Study Improvement Committee has before them for consideration to be added to the bond program. If for whatever reason it is not added to the bond program Public Works will overlay the surface. Mayor Pro Tem Metts asked if a residential street requires concrete construction. City Council Minutes July 22, 2002 Page 5 Mr. Curtis informed council if Nancy Lane were included in the bond program it would be reconstructed with concrete pavement to include sidewalks. Mr. Ernest Hedgcoth, representing applicant, advised council the request before them tonight is due to the loss of approximately 10 to 20 feet along Susan Lee Lane and 40 feet at Cloyce. Mr. Ron Huggins, applicant, responded to Councilwoman Johnson's question regarding the piece-meal of his property. Mr. Huggins verified that he does own two pieces of property; one property being a rental property located further up the street. Mr. Huggins feels he has done everything the Planning and Zoning Commission and City Council have asked of him. A planned development was provided when requested by council. Mayor Trevino asked Mr. Curtis what category Nancy Lane falls under the CIP rating. Mr. Curtis advised council that Nancy Lane falls under the category of needing to be reconstructed. Mayor Trevino reminded council and the public that the council is hearing comments on PZ 2002-12, Ordinance No. 2641 and PS 2002-08. Mayor Trevino called for comments in favor of request to come forward. Mr. Ron Huggins, applicant, and Alan Cole of 7320 Whitfield Court spoke in favor of request. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. Mr. Robert Bockman, 4804 Nancy Lane spoke in opposition of request. Mr. Clayton Lawton, 5009 Nancy Lane voiced his concern with the additional traffic on Nancy Lane where a child was injured about five or six years ago. Mayor Trevino recognized Starlin Autrey's who completed a public meeting appearance card. Mr. Autrey who resides at 4800 Susan Lee Lane withdrew request to speak. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2641, PZ 2002-12 THAT REDUCES SUSAN LEE LANE SOUTH OF MAPLEWOOD FROM A COLLECTOR STREET TOA RESIDENTIAL STREET. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 5-0. City Council Minutes July 22. 2002 Page 6 Mayor Trevino asked Mr. Curtis to monitor Nancy Lane and bring recommendation to council should the need arise. 8. GN 2002-089 ABANDONING A PORTION OF SUSAN LEE LANE (ADJACENT TO LOOP 820) - ORDINANCE NO. 2639 APPROVED Mr. Pitstick advised council this request is a formal abandonment of a portion of Susan Lee Lane adjacent to Northeast Loop 820. COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE GN 2002- 089. Motion to approve carried 5-0. 9. PS 2002-08 PUBLIC HEARING TO CONSIDER A REQUEST FROOM ERNEST HEDGCOTH REPRESENTING RIVER CROWN INVESTMENTS FOR THE APPROVAL OF A FINAL PLAT OF LOT 1, BLOCK 1 HUGGINS ADDITION LOCATED IN THE 4700 BLOCKS OF SUSAN LEE DRIVE AND NANCY LANE (2.28 ACRES) APPROVED Mayor Trevino advised council and the public that the public hearing and discussion was held earlier with agenda item number 7. Mayor Trevino entertained a motion. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE PS 2002-08. Motion to approve carried 5-0. 10. PZ 2002-20 REV. 1 PUBLIC HEARING TO CONSIDER APPROVAL OF A REQUEST BY STEAK AND SHAKE RESTAURANTS FOR A REVISION TO THE APPROVED HOME DEPOT PLANNED DEVELOPMENT SITE PLAN LOCATED AT 6413 PRECINCT LINE (1.08 ACRES) - ORDINANCE NO. 2642 APPROVED Mayor Trevino opened the public hearing. City Council Minutes July 22, 2002 Page 7 Mr. Jeff Green, representing applicant, was available to answer questions. Mr. Pitstick advised council this is a revised PD. This request is accompanied by a replat request for the Home Depot site. The replat re-Iocates the existing Home Depot sign on the Home Depot Lot. The Planning and Zoning Commission recommended that Home Depot and Steak & Shake have an agreement as to who will be responsible for the landscaping and sign maintenance along the northern boundary of the site prior to request going before council. Mr. Pitstick advised council that the site plan has been revised to include Planning and Zoning's stipulation. Staff has not been able to determine the actual size of the monument sign. Staff recommends that applicant keep with the proposed sign ordinance with of maximum of 7 feet height, 50 square footage and that it be surrounded by masonry. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2642, WITH THE STIPULATION THAT ALL SIGNAGE MEET THE PROPOSED SIGN ORDINANCE (agenda item no. 13, Ordinance No. 2640). COUNCILMAN TOLBERT SECONDED THE MOTION. Mayor Trevino made sure that council understood that Councilwoman Johnson was referring to the proposed sign ordinance coming before council tonight. Motion to approve carried 5-0. 11. PS 2002-30 CONSIDERATION OF A REQUEST FROM MICHAEL CLARK OF WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 R1 AND 3R, BLOCK 1 HOME DEPOT ADDITION LOCATED IN THE 6400 BLOCK OF PRECINCT LINE ROAD (16.58 ACRES) APPROVED Mr. Ronald Locamon, on behalf of Mr. Clark, was available to answer council questions. Mr. Locamon informed council this request is submitted in conjunction with the previous item that was approved by council. Mr. Pitstick informed council this replat is a housekeeping item to relocate by plat revision the Home Depot sign on Lot 3 to Lot 1. The Planning and Zoning Commission recommended approval of item. City Council Minutes July 22, 2002 Page 8 MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE PS 2002-30. Motion to approve carried 5-0. 12. SRB 2002-02 PUBLIC HEARING TO CONSIDER HARDSHIP VARIANCE REQUESTS FROM SIGN ORDINANCE NO. 2374 BY THE BIRDVILE INDEPENDENT SCHOOL DISTRICT. THE VARIANCES CONCERN A PROPOSED ELECTRONIC MESSAGE SIGN TO BE LOCATED ALONG PRECINCT LINE ROAD EAST OF BIRDVILE STADIUM CONTINUED Mayor Trevino opened the public hearing. Mr. Pitstick advised council that Birdville Independent School District (BISD) is still working with staff to meet ordinance. BISD is requesting item be postponed until the August 12 City Council meeting. COUNCILMAN TURNAGE MOVED TO CONTINUE THE PUBLIC HEARING TO THE AUGUST 12 CITY COUNCIL MEETING. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to continue carried 5-0. 13. GN 2002-090 CONSIDER AMENDING ORDINANCE NUMBER 2374 AND THE SIGN REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS - ORDINANCE NO. 2640 APPROVED Mr. Pitstick advised council that staff is requesting changes to the current proposed sign ordinance. The current sign ordinance is not part of the zoning ordinance and other changes may be brought back for council consideration. At present time staff has six (6) recommended changes as follows: · Wall Sings - increasing the allowable space from 10% to 15% of habitable wall space and allowing two wall signs on walls with street frontage or public entryway · Monument Signs - clarifying consistent sign heights and square footages. The new standard is 7 feet tall, 50 square feet of sign message, 75 square feet of sign structure City Council Minutes July 22,2002 Page 9 · Pole Signs - recommending only allowing pole signs in the Freeway Overlay District and for multi-tenant centers greater than 200,000 square feet. Freeway Signs could be 65 feet high and up to 400 square feet, multi-tenant centers off the freeway could have one sign 25 feet high and up to 100 square feet · Temporary Portable Signs - recommending changing from once a year for 23 days to once a year for 10 days · Fuel Station Canopy Signs - clarifying to allow only two faces of canopy with 30% of canopy face for sign area. No fuel pricing or changeable letter signs would be allowed · Window Signs - introducing language to control signs in windows, proposing 25% of windows for signs, no permits are required Mr. Pitstick informed council there were two changes to the ordinance provided with the coversheet. In Section M.b. the amount "25%" needs to be changed to "30%" and read "Fuelinq Station Canopy Siqns shall be limited to two (2) canopy faces and shall not exceed 30% of the area of any canopv face." The last change is Section P. which amends subsection 13.C.3.g.(ii) to read as follows "in addition to the one-time qrand openinq permit. a maximum of one (1) portable siqn permit may be issued to a business for advertisinq purposes each calendar year." Mr. Pitstick advised council that in the in future, other signs such as non-conforming signs, projection signs and searchlights would be brought back for further discussion. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2640 WITH THE STIPULATION THAT SECTION M. B. AMENDING SUBSECTION 13.8.2 BE CHANGED TO READ "FUELING STATION CANOPY SIGNS SHALL BE LIMITED TO TWO (2) CANOPY FACES AND SHALL NOT EXCEED THIRTY PERCENT (30%) OF THE AREA OF ANY CANOPY FACE." AND SECTION P AMENDING SUBSECTION 13.C.3.G(II) TO READ "IN ADDITION TO THE ONE-TIME GRAND OPENING PERMIT, A MAXIMUM OF ONE (1) PORTABLE SIGN PERMIT MAY BE ISSUED TO A BUSINESS FOR ADVERTISING PURPOSES EACH CALENDAR YEAR." COUNCILMAN TURNAGE SECONDED THE MOTION. Mayor Trevino commented that he has talked to a number of businesses along Davis Boulevard and they asked for an extension of the use of portable signs. Mayor Trevino concurs with Mr. Pitstick suggestion of having a monument sign that has an interchangeable face. Mayor Trevino would like for staff to pursue that as quickly as possible so council could address the wishes of the businesses in the area. Motion to approve carried 5-0. Mayor Trevino recessed the meeting at 8:33 p.m. City Council Minutes July 22, 2002 Page 10 Mayor Trevino reconvened the meeting at 8:43 p.m. with the same members present. 14. GN 2002-091 CONSIDER APPROVAL OF SOLID WASTE CONTRACT- ORDINANCE NO. 2636 APPROVED Assistant City Manager Greg Vick advised council at their direction: staff negotiated an extension with Trinity Waste Services. The extension of the contract was subject to favorable terms regarding: 1) financial advantages to our customers, both residential and commercial, 2) improving customer service requirements, and 3) other miscellaneous improvements. Mr. Vick outlined the following improvements/changes to the negotiated contract. · the word "load" was better defined in the contract when referring to the amount of brush that can be picked up for the $10.00 loose brush charge. "Load" has been defined as five (5) cubic yards (about the same size as an average pick up truck full of brush). · Customer service hours were extended three hours. The customer service lines would be available from 7:00 a.m to 7:00 p.m. Monday - Friday · Trinity will adjust schedules and times of collection to avoid disturbance of residential areas when picking up commercial, industrial and institutional customers · Trinity will also provide the city with curbside Christmas tree collection two days after Christmas · Trinity has agreed to a $25.00/per occurrence penalty - missed collection that is not picked up within stated remedy period · NRH20 Family Waterpark will be collected at no charge · Detailed reports to be submitted electronically each month · Provision to include a total of sixty (60) free roll-off collections for community clean- up programs · City facilities will be provided recycling containers to recycle office paper free of charge City Council Minutes July 22, 2002 Page 11 · Residential rates lowered by 6.25% with no increases · Commercial rates reduced a total of 10% · Trinity to honor "Most Favored Nations" Clause This clause covers Hurst, Euless and Bedford because their contracts are due to expire in the next 18 months. In the event these cities new rate schedules with Trinity would produce a net saving to North Richland Hills, the City would have the option to implement it at the next available cycle. Mr. Vick informed council that the annual savings under these terms would be over $900,000. Mr. Vick advised council that staff received an unsolicited proposal from IESI this afternoon. Staff has not had time to do complete significant analysis or detailed work on the proposal. The IESl's proposal guarantees savings of 1.2 million over the next four years (10% savings across the board). IESI further guarantees that there will be $100,000/year savings compared to the most recent proposal by Trinity Waste. IESI is willing to submit a bond in the amount of 1 million dollars to ensure savings. Mr. Vick said the proposal appears to be about .30¢ a month cheaper for a residential account. IESI proposal also states that they will agree to meet the terms the City has with Trinity Waste. Councilwoman Johnson wanted to know what staff recommends. City Manager Larry Cunningham commented that staff worked in good faith with Trinity Waste. Staff accomplished its goal to meet the objectives set by council. Mr. Cunningham advised council that it was very difficult for him to recommend continuing a contract with Trinity while staff has information that was presented to them this afternoon by IESI. Mr. Cunningham informed council it is his suggestion that council give consideration to proposals so staff can determine whether or not the numbers provided IESI are valid. Mayor Trevino believes that it would also give Trinity the opportunity to look at their numbers. Mr. Cunningham stated that Trinity or other companies could submit a proposal. Council discussed customer service, request for proposals (RFP) as opposed to bids, waste company to service the City during the proposal process and timeframe for proposals. Mayor Pro Tem Metts mentioned that he is in a quandary. Mayor Pro Tem Metts is pleased with his service from Trinity, but believes it would be irresponsible of council City Council Minutes July 22, 2002 Page 12 not to seek the very best price. However, he felt council should not make the determination on price alone. Mayor Pro Tem Metts believes that it would be in the best interest of the City to go with a RFP. Councilman Turnage asked Mr. Vick if staff had solicited companies for interim service should council decide to seek RFP's. Mr. Vick advised council that staff did speak with various companies and had various verbal offers. Staff received proposals for 3 years, 1 year, and 6 months. Councilwoman Johnson commented that council authorized staff to negotiate with Trinity and return a proposal for council consideration. Councilwoman Johnson believes that they should have directed staff to go out for bid if they were going to receive RFP's. Councilwoman Johnson does not see that council has any other choice, but to go out for proposals. City Attorney George Staples advised council that he wrote an alternate version of Ordinance No. 2636. The alternate ordinance states that "the City Manager is authorized to enter into a contract for up to 90 days service at which point staff can seek proposals." The clause specifically says "that it is necessary to obtain services for the period during which the City seek competitive proposals." Mr. Cunningham advised council that they need to see if Trinity is willing to extend the contract for 90 days. Mr. Jim Lattimore, Trinity Waste Services, advised council that there is a provision in the contract for two, 2-year extensions. Mr. Lattimore informed council indifference to Trinity's relationship with the City and the fact that they would like to retain North Richland Hills as a customer; he offered a one-year extension as opposed to the two- year extension. Mr. Lattimore recommended that council give them adequate time to prepare the RFP and they give the companies adequate time to prepare an educated response. Mayor Trevino asked Mr. Lattimore if he would consider a six-month extension. Mr. Lattimore said that he would consider a one-year extension and not a six-month extension. Mayor Trevino informed council that there are a few people present who would like to speak on this item. Mayor Trevino advised that this is not a public hearing and there is nothing written where speakers are allowed to speak on an item that is not a public hearing. However, if council wishes to allow them to speak they can. Mayor Trevino informed council that City Management has an opportunity to negotiate a six-month interim contract should Trinity not wish to honor a six-month extension. City Council Minutes July 22, 2002 Page 13 Council voted 4-1 to listen to speakers wanting to make comments. Those in favor were Councilmen Turnage, Whitson, Tolbert and Mayor Pro Tem Metts. Councilwoman Johnson was opposed. Mr. Bob Kneis, District Manager - IESI, informed council that IESI knew that the North Richland Hills contract would be coming up for bid. A recent article in the Fort Worth Star-Telegram had indicated that the City of North Richland Hills was considering to bid out the service. IESI chose at that time to provide additional information to staff. Mr. Kneis informed council that they would be able to provide service to North Richland Hills in nine (9) days. IESI would agree to a one-year contract with those terms or any extension being based on service. Mr. Chris Schallawitz, 7401 Janetta, believes it is foolish for Trinity not to accept the 90- day extension. Mr. Schallawitz does not believe the City should consider using Trinity since they did not consider the gO-day extension. Mr. James Copiskey, 6301A Richland Plaza, voiced his support for Trinity Waste Services. Mr. Nick Stachovich, Local Operating Manager - Dunkin Disposal Company, would welcome the opportunity to respond to a RFP. Mr. Lattimore, Trinity Waste Services, advised council that the rates they heard this evening are the same as was offered to the City of Colleyville. Mr. Lattimore would rather offer a six-month extension than suffer criticism. Trinity Waste will be willing to haul under the current rates. Mr. Lattimore wanted to be sure that council knew that Trinity is doing this indifference to their long-term relationship with the City. Mayor Trevino informed council that staff prepared an ordinance in the event council decided to seek proposals. Mayor Trevino read the following into record: 'Whereas the City of North Richland Hills has heretofore entered into contract for waste collection and disposal services with Trinity Waste Services which expires at the end of July 2002, with optional renewal terms; and Whereas, the City has been unable to agree on the terms of renewal of such contract and thus intends to seek competitive proposals from companies desiring to offer waste collection and disposal services; and Whereas, it is necessary to obtain waste collection and disposal services for the period during which the city seeks and evaluates proposals and enters into a multi-year contract; City Council Minutes July 22, 2002 Page 14 Now Therefore, be it ordained by the City Council of the City of North Richland Hills, Texas; THA T the City Manager is hereby authorized to enter into a contract for waste collection and disposal services on the best terms available." Mayor Trevino informed council that the ordinance will give Mr. Cunningham the authority to enter into contact with Trinity for six (6) months at the existing rate and solicit RFP's. Mr. Cunningham advised council that they could change the last section to read "to extend the contract for six months." COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2636 AS READ BY MAYOR TREVINO WITH THE CHANGE OF SECTION 1 TO READ: "THE CITY MANAGER IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT FOR WASTE COLLECTION AND DISPOSAL SERVICE AT THE CURRENT TERMS WITH TRINITY FOR A PERIOD OF SIX (6) MONTHS AND SEEK PROPOSALS FOR A PERMANENT PROVIDER OF WASTE MANAGEMENT SERVICES." Mayor Pro Tem Metts seconded the motion. Councilman Tolbert would like to informally ask that there not be any wining or dining of elected officials. Motion to approve carried 5-0. 15. GN 2002- 092 APPOINTMENT TO CITIZEN CAPITAL IMPROVEMENT STUDY COMMITTEE NO ACTION TAKEN Mayor Trevino advised council that Councilman Whitson's appointment to the Citizen Capital Improvement Study Committee Paula Alderman had to resign due to conflicts with meeting dates. Councilman Whitson does not have an appointment at this time, but will bring forward his appointment at a later time. Mayor Trevino informed council that they would not be acting on this item. Mr. Cunningham asked council if they would have an objection to Councilman Whitson's appointment attending the meetings before council formally appointed him/her to the committee at their next council meeting. Council agreed that Councilman Whitson's appointment could attend meetings. City Council Minutes July 22, 2002 Page 15 16. PU 2002- 030 AUTHORIZE ACCEPTANCE OF BID ON TAX SALE - RESOLUTION NO. 2002- 062 APPROVED Mr. Staples advised council the resolution authorizes the acceptance of Birdville Independent School District's bid on the sale of property located in the Diamond Loch Subdivision. MAYOR PRO TEM METTS MOVED TO APPROVE RESOLUTION No. 2002-062. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 5-0. 17. PU 2002-031 LAND ACQUISITION FOR CITY FACILITIES IN NORTH DAVIS AREA- RESOLUTION NO. 2002-065 APPROVED Mr. Vick informed council staff is seeking approval of Resolution No. 2002-065. Staff presented information to council during executive session. Resolution No. 2002-065 authorizes the City Manager to execute contract to acquire 7.01 acres of land for city facilities in the north Davis area for $305,355.60, plus minor closing costs. COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2002-031. COUNCILMAN TURNAGE SECONDED THE MOTION. COUNCILMAN TOLBERT ASKED THAT ADJUSTED AMOUNT BE INCLUDED AT $305,355.60 INSTEAD OF $303,355.60. COUNCILWOMAN JOHNSON ACCEPTED AND COUNCILMAN TURNAGE SECONDED THE AMENDMENT. Motion to approve carried 5-0. 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS City Council Minutes July 22, 2002 Page 16 Mayor Pro Tem Metts announced the following: National Night Out on August 6 - Residents are encouraged to turn on their porch lights and spend time outside with their neighbors. If interested in hosting a block party or other type event for National Night Out, please call the Police Department and they will be glad to come by and present some crime prevention tips. Police Community Services Division - 817-427-7000 Councilman Turnage announced the following: July 26 Dive In Movie-"Harry Potter and the Sorcerer's Stone" NRH20 Water Park 9:00 p.m. (approximately) 817 -427 -6500 AUQust 2 Dive In Movie-"Spy Kids" NRH20 Water Park 9:00 p.m. (approximately) 817-427-6500 AUQust 3 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:53 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 8/12/02 Subject: Appointment to Citizen Capital Improvement Study Committee Agenda Number: GN 2002-092 At the July 22 Council meeting, Council was advised that Councilman Whitson's appointment to the Citizen Capital Improvement Study Committee had resigned. Because Mr. Whitson was not ready to make his recommendation for appointment at the July 22 meeting, Council did not take action. Council agreed that because of the timing of the committee meetings and the importance of attending, Councilman Whitson's appointment could attend the committee meetings prior to official appointment. Councilman Whitson appointed Ms. Ruth Ann Smith on July 24. Recommendation: To ratify the appointment of Ruth Ann Smith to the Citizen Capital Improvement Study Committee. Source of Funds: Bonds {GO/Rev.} Operating Budget Other Finance Review Account Number Sufficient Funds Available {¿jabvM~M~ Department Head Signature Finance Director t .' CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8-12-2002 Subject: Revision of Foster VillaQe Elementary School Zone - Ordinance No. 2643 Agenda Number: GN 2002-093 The Public Works Department has conducted a traffic study concerning the school zones for Foster Village Elementary. This study was conducted to improve the traffic flow of motorists and to improve the safety of pedestrians who travel to the school site. Staff is recommending that the 6700 block of Hightower Drive (from Rufe Snow Drive to the flashing school zone beacon) be removed from the ordinance. This will improve the traffic flow on Hightower Drive by shortening the school zone limits. The 6800 - 7100 blocks of Hightower Drive will stay in the ordinance. Staff must also raise the school zone speed limit for the 6800 - 7000 blocks of Rufe Snow Drive from 20 mph to 25 mph. According to state law, reduction in speed zones cannot be dropped more than 15 mph between a speed zone. In this case, the speed limit on Rufe Snow Drive is 40 mph. The schoof zone speed limit must be set at 25 mph. This ordinance· will repeal Ordinance No. 2514 (school zone hours ordinance) and will amend Section 3.05 of Ordinance No. 722 (traffic ordinance). Staff has spoken with the Police Department and they have no objection to above mentioned revisions. Recommendation: To approve Ordinance No. 2643. Source of Funds: Bonds (GO/Rev.) 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IE .. .. ~ -: : - ! . ~ !! ~ ~ ;; .. ~ .. . ~ .. : = :: : ~ ~ - .. . ~ -::.. c" .. v..c.c; .. = :¡:... ;; ! .. ~... - ~~ ...,<; . . 0#-''\ .. c.~v. ~ .. « .. ::: .. .. .. ~ ~ 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 .44 ; 1 ¡ j I W:\NItS\General\OrdinanceslSchool Zone, High lower, 264 3. wpd I I. 2 4 6 8 II ¡I I I I : i ORDINANCE NO. 2643 AN ORDINANCE AMENDING THE SCHOOL ZONE ON HIGHTOWER DRIVE; INCREASING THE SCHOOL ZONE SPEED ON RUFE SNOW; REPEALING ORDINANCE NO. 2514; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT IN EXCESS OF $200.00; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Staff has recommended the school zone changes herein established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 3.05 of Ordinance No. 722 shall hereafter read as follows: "Section 3.05 - Speed Limits in School Zones Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169, Article 6701d, V.T.C.S., the Uniform Act Regulating Traffic on highways, the prima facie speed limits hereinafter indicated for vehicles are hereby determined and declared to be reasonable and safe, and such speed limits are hereby determined and declared to be reasonable and safe, and such speed limits are hereby fixed for vehicles traveling upon the following named streets and highways, or parts thereof during the hereinafter designated hours, either (1) when such hours are described on official school speed limit signs located as said zones; or (2) when school zone signs bearing a flashing amber light and located at said zones are in operation. The location of said school zones and hours during which said speed zones shall be in effect are as follows, to wit: BISD ELEMENTARY SCHOOL ZONES (THREE TIMES DAILY) 7:15 AM - 8:15 AM 11 :00 AM - 12:30 PM 2:15 PM - 3:45 PM Carrie Francis Thoms Elementary 8000 - 8300 Emerald Hills Way 5600 Cork Lane 5600 Newman Drive 8100 - 8200 O'Brian Way 5500 Finian Lane Holiday Hei~hts Elementarv 7500 - 7600 Lola Drive 7500 Jade Circle 7600 Sybil Drive 5200 - 5400 Susan Lee Lane 7600 Palomar Drive Northrid~e Elementary 7200 - 7500 Starnes Road Smithfield Elementary 6700 - 6800 Smithfield Road 1 2 4 6 8 10 12 14 16 18 20 7.2 24 26 28 30 32 34 36 38 40 42 44 Snow Hei~hts Elementary 6800 - 7000 Marilyn Lane 6800 - 7000 Shauna Drive 7000 Oakland Lane 4700 - 4900 Vance Road 4900 Caton Drive Mullendore Elementary 4100 - 4200 Rufe Snow Drive 6700 - 6800 Manor Drive 4200 Stevens Street 6700 - 6800 Glenview Drive 4000 - 4100 Flory Street Foster Villaee Elementary 7000 Meadowview Terrace 7000 Crosstimbers Lane 6800 - 7000 Springdale Lane 6800 - 7100 Hightower Drive (from flashing light east) Green Valley Elementary 7700 - 7900 Smithfield Road 7900 - 8100 Green Valley Drive BISD ELEMENTARY SCHOOL ZONES (TWO TIMES DAILY) 7:15 AM - 8:15 AM 3 :00 PM - 4:00 PM Foster Villa~e Elementary 6800 - 7000 Rufe Snow Drive BISD MIDDLE SCHOOL ZONES 7:15 AM - 8:15 AM 3:00 PM - 4:00 PM North Richland Middle 6700 Marilyn Lane 6700 Shauna Drive 4700 - 4900 Rufe Snow Drive N orthridee Middle 7200 - 7300 Starnes Road 7100 - 7400 Douglas Lane ¡ ~ Smithfield Middle 8300 - 8500 Main Street 6500 Sherri Lane 6400 - 6500 Amundson Road BISD SENIOR HIGH SCHOOL ZONES i ! ¡ I I I Ii I 7:15 AM - 8:15 AM 3:00 PM - 3:45 PM Richland Hi~h School 6900 Lewis Drive Boulevard 7000 - 7100 Dick Lewis Drive Birdville Hieh School 8900 - 9200 Mid-Cities 6300 Simmons Drive W:\N General\OrdinanceslSchool Zone,Hightower,2643,wpd 2 2 4 6 8 10 12 14 16 18 20 ?2 24 26 28 30 32 34 36 38 40 42 '1 II I 5100 - 5400 Holiday Lane 7200 Green Meadow Drive 7200 Lola Drive 7200 Janetta Drive PRIVATE SCHOOL ZONES 7:15 AM - 8:15 AM 2:15 PM - 3:45 PM Fort Worth Christian 7400 - 7500 College Circle 7400 - 7600 Bogart Drive 7800 Susan Lee Lane 7300 Deaver Drive" Saint John's School 4100 Frawley Street Section 2: The prima facie maximum reasonable and prudent speed limit on the public streets set out in Section 1 above shall be 20 miles per hour, except for the 6800- 7000 blocks ofRufe Snow Drive, which shall be 25 miles per hour. Section 3: Any person violating any portion of this ordinance shall be subject to a fine not in excess of $200.00. Section 4: Ordinance No. 1839 governing the school zone on Davis Boulevard and Ordinance No. 2415 governing the school zone on Precinct Line Road will remain in effect and are unchanged. Section 5: Ordinance No. 2514 is hereby repealed and replaced by this ordinance. Section 6: 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. , I , , Section 7: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Ii 11 ¡ : : I I, il I PASSED AND APPROVED this 12th day of August, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor W:\N General\OrdinanceslSchool Zone.Hightower,2643,wpd 3 10 12 14 16 1\ I I ATTEST: 4 Patricia Hutson, City Secretary 6 LEGALITY: 8 APPROVED AS TO CONTENT: Mike Curtis, Public Works Director , ' , , , I : I i ¡ , ! ¡I ! : I¡ 1 : 11 \ i II !I I; 'I ¡ i II II w''"r''''''''-'''hool "",.""..«.26"."" II 4 .' CITY OF NORTH RICHLAND HILLS '--- Department: Budget & Research Council Meeting Date: 8/12/02 Subject: Setting Date for Public Hearings for 2002-2003 City Budget Agenda Number: GN 2002-094 Parks and Recreation Facilities Development Corporation And Crime Control and Prevention District Budgets It is necessary for City Council to set public hearings on the proposed 2002-2003 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. A published notice will be required for each public hearing as per the City Charter and State law. The exact wording for each notice accompanies this cover sheet. Each hearing is set for August 26, 2002 beginning at 6:15 p.m. for the Crime Control and Prevention District, 6:30 p.m. for the Park and Recreation Facilities Development Corporation, and 7:00 p.m. for the City Budget. Recommendation: "'-- To set the date for the public hearings on the Crime Control and Prevention District at 6:15 p.m., the Park and Recreation Facilities Development Corporation at 6:30 p.m., and the annual City Budget at 7:00 p.m. on August 26, 2002. \.._, Source of Funds: Bonds (GO/Rev.) 7~« De artment Head Si nature Finance Review Account Number Sufficient Funds Available NOTICE OF PUBLIC HEARING ON 2002-2003 PROPOSED ANNUAL BUDGET NORTH RICH LAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2002-2003 proposed annual budget during the meeting to be held at 6: 15 p.m. on August 26, 2002 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:30 p.m. on August 26, 2002 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects involving improvements and renovations to neighborhood and community parks (including, but not limited to, future park acquisition, the construction of baseball and softball fields, neighborhood parks, senior citizen centers, building of hike and bike trails, the operations of the tennis center and the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation.) A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. NOTICE OF PUBLIC HEARING 2002-2003 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2002-2003 proposed annual budget on Monday, August 26, 2002 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 8/12/02 '--- Subject: Consideration of a Site Plan Approval request for Immanuel Agenda Number: PZ 2002-14 Evangelical Lutheran Church located at 7321 Lola Drive. Case Summary The Immanuel Evangelical Lutheran Church located at 7321 Lola Drive is proposing a 2158+ square foot office expansion to the existing church sanctuary. Churches (by administrative policy) have been considered non-residential uses requiring a site plan approval when residential adjacency exists. This site is adjacent to residential zoning on all sides. Building Design and Materials - The proposed expansion is of brick construction (to match the existing sanctuary) with a pitched roof design. Roof materials are 25-year laminate shingíås. The overall height of the expansion wifl be just over 27' (existing building is just over 19'). Access and Parking - There are two access points to the sanctuary building from Lola Drive (one on each side of the existing building). The eastern access point is used for ingress only to a parking lot behind the sanctuary. The western access point is egress only from the parking lot. Parking requirements are based on the total seating capacity of the sanctuary. The plan notes a capacity of 180 persons translating to a parking requirement of 60 spaces. The plan notes a total of 69 parking spaces (including 3 HC stalls). Landscaping/Screening - The landscape plan notes 5, (3" caliper) Cedar Elms and an existing 6" cal. Cedar Elm placed in a 18' wide landscape setback along the Lola Drive frontage. Also a total of 86, (one-gallon) dwarf Yaupon Hollies and 160 English Ivy plants are arraigned along the same frontage. The church is' adding 12 new parking spaces along the western edge of the site. The landscape plan proposes a row of Junipers (47) along this new parking area between the church and the adjacent residential backyards. Signage/Lighting - A single pole sign (approximately 40 square feet, 8' tall) is situated in front of the church along the Lola Drive frontage. The site plan does not propose any additional signage. A single mercury vapor-type light exists on a 20' (approx.) pole in the Source of Funds: Bonds (GO/Rev.) ûpenting Budget \, Other - (}J ...JQ ~ Finance Review Account Number Sufficient Funds Available Finance Director Department Head Signature ~~ - ... ~M>naget~ ',,--- PZ 2002.14 Immanuel Lutheran CC sum. Page 1 of 2 CITY OF NORTH RICHLAND HILLS \ -- rear parking lot. A similar type of light is mounted over the east doorway entrance to the existing church. No additional lights appear to be proposed. Comprehensive Plan - The Comprehensive Plan indicates low density residential uses for this area. The proposed use is consistent with the Plan in the sense that churches are accepted as a part of the fabric of a community and are considered appropriate uses in most areas. Zoning/Land Use - The site is currently zoned R2 Single Family Residential District. North: East: South: West: R2 I Open space, Church school building R2 / Open space, concrete/rip-rap drainage channel, single family residences R2 / Church (Kingdom Hall of Jehovah's Witness) R2 / Single family residences PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on July 25, 2002, recommended approval of PZ 2002- 14 by a vote of 7-0. RECOMMENDATION: To approve PZ 2002-14 a request for Site Plan Approval for Immanuel Evangelical Lutheran Church. \,~ PZ 2002-14 Immanuel Lutheran CC. Page 2 of 2 21 ':::'::':' .:'¿fðï..1l:.: . .' TR 13Ca 8 22 '::':: ::::i'~": , 1. '11261 LOLA OR ,::¡!;)/.. '{ G\j~~ I ",::::/J ~ 7 ~ 8 q 10 ~ 'f'"' lcØ-- .J. ;~ 1 R I 1&1 11 \ 2.4 ~I~ 8 7 6 5~ ~ _ ,,: ~3Rl II' _ JANETTA C crl! I- 112 1 /' 18 d 1 R 2R 3R 1 ~ I 5 ~ m ~3 1 2 3444 --; i. 5~~; t· ã! p ëlï ~f NqU 8 PZ 2002-14 ~ SCH ILLER OR. Request for Site Plan Approval ...... 74ØØ Immanuel Evangelical Lutheran Church ~ J 11 1. 12 13 18 6 ./ ~4 13 ~~a\ 15 ~~ï 12 ç, 6 16 - 7 - B 10 311 17 18 72f1f1 GREEN ME400w lq 4 5 6 ') '-- o :c . 7 1 10 q 7NII 4 5 6 5 6 7 840q lØ 72Ø" JANETTA OR 1 18 1 2 17 2 3 16 3 4 15 4 -- ..j/ 0::: 5 0 5 14 Z I w 6 13 0::: 6 <I: ~ 7 12 7 8 11 8 TR 20 32.253 AC 7 S 5 0:: C 4 I- '? l- e ..... L: 3 (/) 2 1 \ ~ N TRACT A 10P!Y \ 8 / U 14 15 j HOL r\~"'S 7 r "'\ q 10 11 12 13 ~--' '-1\;: 1 G CHRISTOPÒlER MEADD ~ r' \e1e 6 ': 3'P~~~~ 27 23 tp ".... 2 r- 28 2C ~ - 22 3 21 213 19 18 !J 4 ::J;l7 8 JADE erR h q lØ Þ 1 : - 17 1~ I \;/ I ) 8 I 13 I Isi 1q 12 C "'- lCA 11 lØ ~ ".. rl 9 8 /1::::: -...I 7 6 19 2Ø ~ 21 \ 14 17 PZ 2002-14 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR IMMANUEL EVANGELICAL LUTHERAN CHURCH LOCATED AT 7321 LOLA DRIVE. APPROVED Zoning Administrator Dave Green summarized the case. This is a site plan approval request for the Emmanuel Lutheran Church. They are proposing an expansion of their current site. They are adding an office area to the main sanctuary. The expansion is about 2300-sq. ft. but it is over 30% of the existing structure. Typically, staff has always considered churches to be nonresidential uses. Whenever they are expanded more than 30%, they are required to have site plan approval. This expansion is over 30%. It is taking place on the western boundary of the existing sanctuary site. There is an ingress point off of Lola Drive, parking site in the rear, and exit point along the western area. An additional ten parking spaces will be added along the western boundary of the site. The current building is masonry construction. The expanded area is similar construction to match the existing building. The biggest improvement involves landscaping. They will have the typical street trees, which are required along the Lola Street frontage. Also, they will have screening shrubs along Lola Street. They are proposing a number of Junipers along the new expanded parking area along the west boundary of the site. Public Works Department provided comments. There are about a half dozen minor things that need to be revised on the site plan. Moline Construction Company, the general contractor of this project, acknowledged that they have received the Public Works comments and they are willing to revise the site plan accordingly before it is submitted to the City Council for consideration. At this time, Staff recommends approval of this site plan. Chairman Bowen called for questions of staff or the applicant. Mr. Lewis responded that he had a question for the applicant. Merrell Wagenknecht, the applicant, came forward. Mr. Lewis commented that he drove by the site and he thinks the plans are wonderful. The landscaping will look good. However, he is concerned about the new parking in the southwest comer. The adjacent residential lots seem to be a little deeper and the new parking spaces will be close to these residential lots. There are chain link fences separating the church from the residences. As a friendly gesture, would the church be willing to put up better fencing to avoid the lighting nuisance? Mr. Wagenknecht responded that the new parking spaces would not be closer to the residential lots. He stated that they currently have existing parking spaces that have open spaces to the neighbors. As you follow the site to the southwest comer, the plan allows for more open spaces. Mr. Lewis asked if the lot line came down and then out towards the church property? ------'--~---~-'---""-T Mr. Wagenknecht replied that it did not. He stated that they would not go all the way to the property line down by the road. Those will be shorter parking spaces. He also stated that they have good relationships with their neighbors so he didn't think there would be any problems. Mr. Wagenknecht then stated that he had a question regarding the egress driveway. He said it is difficult to see traffic because of the curve on Lola. He is concerned that trees close to the egress will block the vision of those trying to leave the church property. He wanted staff to understand if they needed to put in miniature trees or something of that nature. Chairman Bowen explained that visibility triangles are taken into consideration and the applicant would not be allowed to block those angles. Dave Green stated that in talking with Mike Curtis, Director of Public Works, site visibility triangles are generally 20 x 20, or 15 x 20. As construction plans are brought forward, site visibility triangles will be examined and if there is a problem, staff will recommend changes to the plan that wouldn't reduce the requirements for the landscaping, but would rearrange it to the point where safety would not be an issue. There were no other questions or comments and Chairman Bowen called for a motion on PZ 2002-14. Mr. Tucker, seconded by Mr. Nehring, motioned to approve PZ 2002-14. Motion carried unanimously (7-0). Mr. Wagenknecht returned to the podium to make a comment. He stated that they voted last November to get the loan and proceed with building. They hired Moline Construction Management, Inc. and wanted to do the building this summer while school was out. However, there were delays in getting this site plan to this point. It is Mr. Wagenknecht's understanding that the case will go to City Council on August 12. There are 3 weeks before school starts. He wondered if it would be possible to allow on-site work before City Council approval in order to get going before school begins. Mr. Pitstick came to the podium and stated that staff could not issue a building permit until City Council approved this case, but there could be some early grading and preparation work allowed prior to City Council approval. Chairman Bowen suggested that Mr. Wagenknecht meet with staffto work out this issue. ~ CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 8/12/02 Subject: Public Hearing to Consider proposed revisions to the R-3 Agenda Number: PZ 2002-16 Residential Zoning District Lot and Area Requirements. Also consideration of a revision to the minimum distance between a side or rear property line and a garage entry in all residential districts. Ordinance. No. 2644 . Case Summary In recent weeks the City Council has asked the Staff and the Planning and Zoning Commission to consider revisions to the R-3 Residential District particularly with regard to minimum house size. At their last meeting of July 25th, the Commission made the following recommendations to the City Council for development in the R-3 District; · Increase the minimum lot size from 7,500 square feet to 7,700 square feet; · Increase the minimum lot frontage for interior lots from 65' to 70' (corner lots remain at 75'); · Increase minimum lot depth from 100' to 110'; · Increase the minimum dwelling unit size from 1,600 to 1,700 square feet. · Minimum front, side, and rear setbacks, maximum structure height, and rear yard open space requirements to remain unchanged. In addition, the following revisions are proposed for garage entries: · In the R3 District, front entry garages will set bac.k 30' from the front building line. Side entry garages will be no more than 10' in front of the occupied building. · Garage Entry Distance (all residential districts) Increase the minimul1J. distance between a side or rear property line and a garage entry from 20.5' to 22'. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget _ _ \ Other ~ .-1Q~ Account Number Department Head Signature ~Fundo Available ~ F""'" """"'" ~~ ity Manager ~i e PZ 2002-16 R3 Revisions CC sum. CITY OF NORTH RICHLAND HILLS Attached is a proposed ordinance encompassing these revisions. Also attached is a 'evised Section 410.C (Table 4-1) and Section 410.D.5.b of the Zoning Ordinance. As noted in Table 4-1, the proposed revisions in the R-3 District would affect only those properties platted after 8/12/02 (date of Council consideration). Properties already platted on 8/12/02 would follow the current regulations. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on July 25, 2002, recommended approval of PZ 2002- 16 by a vote of 4-3. RECOMMENDATION: Staff recommends approval of PZ 2000-16 as recommended by the Planning and Zoning Commission and Ordinance No. 2644. PZ 2002-16 R3 Revisions CC Page 2 of 2 5. PZ 2002-16 CONSIDERA TION OF PROPOSED REVISIONS TO THE R-3 RESIDENTIAL ZONING DISTRICT LOT AND AREA REQUIREMENTS. ALSO CONSIDERATION OF A REVISION TO THE MINIMUM DISTANCE BETWEEN A SIDE OR REAR PROPERTY LINE AND A GARAGE ENTRY IN ALL RESIDENTIAL DISTRICTS. APPROVED Mr. Pitstick addressed the Commission presenting the following recommended changes as a result of previous input from City Council and the Planning & Zoning Commission: Increasing the minimum requirement for side and rear entry garages from property lines from 20.5 feet to 22 feet in all residential districts. Specific R3 changes include: increasing the minimum lot area from 7,500 to 7,700 square feet; increasing the minimum lot width from 65 feet to 70 feet; increasing the minimum lot depth from 100 feet to 110 feet. Requiring side and rear entry garages with the side garage no greater than 10 feet in front of the main house structure. Front entry drives will be allowed if they are a minimum of 30 ft. behind the front building line. Mr. Pitstick stated that these features will help improve the aesthetics of the area. He stated that another concern is increasing the dwelling unit size from 1600 sq. ft. to 1800 sq. ft. In addition, there are other issues regarding R-1, R-2 and R-3, but they are not included on this agenda. This evening, the proposed changes apply to R-3 only with the exception of the distance from garage entries. Several P&Z members have mentioned the desire to make some architectural feature changes as well as some residential masonry requirements that have to do with R-1, R-2 and R-3. Staff can take suggestions this evening from the members, but staff recommends that the commissioners vote on the R-3 standards tonight so we can move forward with that. Chairman Bowen stated that he would like to take a second look at the 1600 sq. ft. minimum. He stated that if we are going to increase the lot size, he'd like to see the minimum footage size increase also. Bill Schopper disagreed. He stated that he thinks the market is the best decider of that sort of thing. He stated that on a bigger lot you have to build a bigger house in order to come out, but then you can build a small percentage of the homes at 1600 sq. ft. and use those to advertise for the rest of the development. It's easier to market that way. There are a lot of empty nesters that don't need the big house. You're not just talking about start-up homes. You're talking about single schoolteachers and a whole group of folks that don't need the huge house. Page 4 0725/02 P & Z Minutes Chairman Bowen agreed, but he stated that we need to be honest that we really want to up the R-3. If we are going to do that, we need to upgrade the minimum square footage of the house. Ted Nehring agreed with Mr. Schopper. He believes 1600 square feet is where those need to be. He's in agreement regarding folks looking for a smaller, but nice, house, and he'd prefer to leave it to the builder to do what he wants to do on the lots he has in his development. He stated that it seems that at 1800 it would be so close to R-2 price- wise that you really wouldn't have a distinction between the two. He stated, "we're in a City, and maybe I shouldn't say this, where we'd like to be like Colleyville or Southlake, but we're not going to get there because we're older than some of those and we have a variety of people who live here -low-end, high-end, and a lot of middle. I think that variety is what our City is at. As long as we can control what we build and have enough input to get things done in a nice form and fashion, that's a good size for R-3." Mr. Tucker recommended that we compromise at 1700. It will still meet the needs. 1800 is too close to R-2. Ms. Cole supports 1700 square feet. She stated that going with the rear entry, going with the larger lot, you start to put the size of the house that has to be. She stated, "I think we are shirking our responsibility if they can't financially build a 1600 sq. ft. house on it, making it look like they can when in actuality, they can't. I think we'd be better serving our Commission as P&Z to go with the 1700 sq. ft." Mr. Schopper disagreed. This is not a centrally managed economy that we have here. This is a market, which we're trying to put together a framework for the different builders and developers to try to maximize their return by doing something that we actually want them to do from our framework. They'll figure out a way to do it and make it marketable to the public and if 1600 sq. ft. homes go on it, so be it. If they find that they come out better by putting 1700 or 1800 sq. foot homes on it, that's great, but that needs to be their choice, not our choice -- to eliminate a whole strata of their potential customers from being able to buy a home in our City. Even where we're at now, you're talking about lots that are in the 30,000 a lot category. Multiple it times 5 and that's going to be a $150,000 house. Average home sold in MLS in this part of the world is about $120,000. That's still way about average for our low-end house. What you are going to do if you diddle with this and get it to 1700 sq. ft. instead of 1600 sq. ft., you're going to have everything come through here as a planned development because they still aren't going to own the property. They are still going to try to redevelop certain portions of town. Everything is going to have to be micro-managed to a planned development. You have no place for them to go with that kind of house. If that's what you want to do, micro-manage every development that comes through, let's just drop the R-3 category. Chairman Bowman stated that if we go to planned development, we'd have better control. He does not consider a planned development micro-management. It's an area Page 5 0725/02 P & Z Minutes where we make allowances, but we also get extras. He stated that if we are going to go to the smaller residences, he believes we need to be able to control that better through a planned development. Mr. Nehring stated that I think, like Bill is saying, we have to let the builders decide some of the things that they need to do. We've increased the lot sizes. There are no front end garages anymore. That pretty well identified an R-3 house. You've taken that away. A smaller house may be appropriate for some of their lots, but I believe they are going to make it work for a variety of customers. I think that's what they have to do to make money today. I think you have to look at it from all sides - City, P&Z, and Builder. Do we want them to build here or do we want them to go somewhere else? Maybe we don't want them here. Mr. Laubacher brought up the proposed table and looking at the lot and area requirements, it states that there were some changes made on 1/1/98 to both R-1 and R-2. The impression I'm getting, and I want to verify if this is correct or not, at that time, or prior, there was a move away from R-3 in this City. Because of that, there weren't any changes made to R-3 at all at that point in time since there really wasn't an intention to use it anymore? If that's correct, then we have gone through this whole process in this City of trying to upgrade certain developments and R-3 was left trailing behind. Mr. Tucker stated that he was on the Board at that time and Mr. Laubacher's thoughts are exactly correct. Mr. Laubacher stated that we've made this tremendous stride as a community over the last 7 to 8 years trying to increase the presence of the community in this area. Whether we like it or not, we live in a market driven area that has competition. What people think of South lake versus what people think of North Richland Hills is obviously different. We're not trying to be South lake. I don't think we'd want to be South lake. But we have to remain somewhat competitive with South lake and while we do have to provide a variety of housing, we do need to try and keep the City as architecturally-nice and community-nice as possible. I think a lot of changes were made a number of years ago, increasing square footage, increasing lot sizes, and yet nothing was done to R-3 because it wasn't going to be used. With the recognition that there might still be a need for an R-3 out there in one or two locals, maybe now is the time to bring R-3 up to slighter greater standards like we did everything else a number of years ago. Mr. Schopper replied to Mr. Laubacher that he thinks that is what we are trying to do with this. He stated that he thinks by increasing the lot size, especially the depth, we are going to fix a lot of the problems that he heard while on the ZBA board, such as all of the broke lots that were allowed that were so tiny you couldn't get a lot of those houses on. So we had to give them variances as the setbacks and everything. The market is what is pulling up the size of the houses that are going to get built. The lot Page 6 0725/02 P & Z Minutes size is going to make the house size more in proportion to the lots. I'm against the tiny lots. Let the houses fall where they may and have a minimum of 1600 sq. ft. Mr. Laubacher replied that although what Mr. Schopper says makes sense, he wonders whether the changes that were made in R-1 and R-2 in 1998 have had a negative impact on the community and the homes being built? Mr. Schopper replied that he didn't think so because you see in the northern parts of the City there are a lot of homes that are on R-2 and R-3 lots that are way bigger than 2000 and 2200 sq. ft. Go up to Thornbridge. There's 3500 and 3800 sq. ft. homes all through that. That's what the market wants. There's been a while since there's been an R-3 development that's been anywhere less than $140,000. That's what they're building at Richland Parks off of Chapman. I just can't see what is wrong with a $150,000 home. If we were talking about some of the areas in far north Ft. Worth that had $60,000 to $70,000 homes, I'd agree with you that we need to do something to raise the bar, but I don't think the bar needs to be raised from a $150,000 home. Mr. Nehring said that you have to look at the economy today too. What can people really afford? How many people are getting laid off? What can they buy? He spoke to a gentleman who was talking about teachers and people in similar situations like that who don't need a large house, but they want a nice home that they can afford to buy. The upgrade that we've made here will reestablish that zoning that will allow the builders to do what they can do. John, you're talking about maybe one area that's left that probably will go a variety of sizes? John Pitstick responded yes. He stated that we're 85% now, approaching 90% development. The unique thing that we are probably going to see is more requests for down-zoning from an office district with a deep tract, maybe 500 ft. deep, that would never go that deep for office, where they would say, let's take a couple of streets and do R-3. We need a basic R-3. If it's on the books, then we need to promote it and offer it. If we're not, then we need to remove it. I could take either side on the 1600 or 1800 sq. ft. The big picture, though, is fixing the lot depth, lot width and requiring side änd rear entry garages. That's going to make a big difference. Mr. Schopper has been on the ZBA for a long time and it seems like every case is in a cul-de-sac where you get these tiny, short lots. The bigger picture is that we are reducing the density, and a majority of the homes built are going to be much larger than 1600, 1800 or 2000 sq. ft. I think the majority would be that way. Not allowing front entry driveways is going to make a significant difference in the aesthetics and Don brought up the point where we are looking at the 2nd and 3rd homeowner. What is that home going to look like 18 to 20 years down the line? We don't have tract builders in our community. They are semi- custom builders. We don't have large tracts of 100 to 200 acres of land to build tract homes. The big picture from Staff standpoint is fix the lot size and make aesthetic improvements with the side and rear entry and moving the front entry drive back is Page 7 0725/02 P & Z Minutes important for us to do. Looks like it's going to be a split vote, but we need to move forward with a specific recommendation to City Council Mr. Nehring, seconded by Mr. Schopper, motioned to approve PZ 2002-16 with increasing the lot size, lot width, lot depth and requiring side and rear entry garages with a minimum dwelling unit size of 1600 square feet. The motion failed 3-4 with Mr. Nehring, Mr. Schopper and Mr. Lewis voting for the motion and Ms. Cole, Mr. Laubacher, Chairman Bowen, and Mr. Tucker voting against the motion. Ms. Cole, seconded by Mr. Tucker, motioned to approve PZ 2002-16, amending the minimum dwelling unit size for R-3 to 1700 sq. ft, and leaving all other provisions as previously discussed and identified in table 4-1. The motion was approved 4-3 with Ms. Cole, Mr. Laubacher, Chairman Bowen, and Mr. Tucker voting for the motion and Mr. Nehring, Mr. Schopper, and Mr. Lewis voting against the motion. Table 4-1 Lot and Area Reauirements Description R-1 R-2 R-3 Platted prior Platted after Platted prior Platted after Platted prior Platted after to 01/01/98 01/01/98 to 01/01/98 01/01/98 to 08/12/02 08/12/02 1, Min, Lot Area 13,000 SF 13,000 SF 9,000 SF 9,000 SF 7,500 SF 7,700 S.F. 2, Min, Lot Width 1 a, Interior Lots 85 ft, 85 ft. 70 ft, 72,5 ft, 65 ft, 70 ft. b, Corner Lot 85 ft, 85 ft, 80 ft. 80 ft. 75 ft, 75 ft. 3. Min, Lot Depth 120 ft 120 ft 110ft, 110ft. 100 ft, 110 ft. 4. Min. Dwelling Unit 2,000 S,F. 2,300 SF 1,800 SF 2,000 SF 1600 S.F, 1700 S.F. Size2 5. Min. Front Building Line 25 ft, 25 ft, 25 ft. 20 ft, 20 ft, 20 ft. 6, Min. Side Building Line 10 ft. & 6 ft,3 10 ft, & 6 ft,3 10 ft, & 6 ft,3 10 ft, & 6 ft,3 6 ft.4 6 ft.4 7. Min, Rear building Line 10 ft, 10ft, 10 ft, 10ft. 10 ft, 10 ft. 8, Max. Structure Height 38 ft, 38 ft, 38 ft. 38 ft, 38 ft, 38 ft. 9, Rear Yard 20% of Lot 20% of Lot 20% of Lot 20% of Lot 20% of Lot 20% of Lot Open Space Area Area Area Area Area Area Area 1, Garage Entry Requirements: a. R-1 and R-2 Districts: Within every Subdivision in which the subdivision plat is submitted for approval after January 1, 1990, only front entry garages, set back thirty (30) feet off the building line, side entry, and rear entry will be allowed, b. R-3 Districts: Within every Subdivision in which the subdivision plat is submitted for approval after August 12,2002, only front entry garages, set back thirty (30) feet off the building line, side entry with no garages more than 10 feet in front of the occupied building front, and rear entry will be allowed. 6. Garaae Entry Distance: Minimum distance between a side or rear property line and a garage entry shall be 22 feet. Mr. Pitstick restated that Staff would like to bring back looking at the minimum masonry requirements in residential districts. Staff would also like to bring back discussion on the PD. Page 8 0725/02 P & Z Minutes 10 12 14 16 18 20 ')'" 24 26 28 30 32 34 36 38 40 42 / 2 4 6 8 ORDINANCE NO. 2644 AN ORDINANCE AMENDING SECTION 410 OF THE NORTH RICHLAND HILLS COMPREHENSIVE ZONING ORDINANCE AND TABLE 4-1, AND SUBSECTION 410D.5.b AND 410D.6 THEREOF, TO INCREASE MINIMUM LOT AREA, INTERIOR WIDTH AND LOT DEPTH, AND DWELLING UNIT SIZE; RESTRICT FRONT ENTRY DRIVES AND INCREASE THE GARAGE ENTRY DISTANCE IN ALL R-3 ZONING DISTRICTS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published ofthe time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has detennined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare 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 Section 410 of the North Richland Hills Zoning Ordinance is hereby amended to read as set forth on Exhibit A hereto. Section 2: Any person, finn or corporation violating any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall become effective immediately upon publication. AND IT IS SO ORDAINED. I ."..) 0."""0""""'",''''''''' 0", "...... 1 2 4 6 8 10 12 14 16 18 20 PASSED AND APPROVED this 12th day of August, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to fonn and legality: George A. Staples, Attorney w.\ 2 neral\Ordinances\R-3Revision Ord 2644.wpd Zonina Reaulations City of North Richland Hills. Texas Section 410. R-1 SINGLE FAMILY RESIDENTIAL, R-2 SINGLE FAMILY RESIDENTIAL and R-3 SINGLE FAMILY RESIDENTIAL DISTRICTS A. Purpose 1. R-1 Single Family Residential District: Intended to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of 2.9 units per acre. 2. R-2 Single Family Residential District: Intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. 3. R-3 Single Family District: Intended to be a transitional zone between developments of lower and higher densities or between lower density residential and non-residential areas and to provide areas for moderate density development of single-family detached dwelling units which are constructed at an approximate density of 4.8 units per acre. B. Permitted Uses - Uses permitted within these districts are provided in Section 310, 'Table of Permitted Uses". C. Lot and Area Requirements - The following lot and area requirements shall be required within the R-1, R-2, and R-3 Districts: Table 4-1 Lot and Area Requirements R-1 R-2 R-3 Description Platted prior Platted after Platted prior Platted after Platted prior Platted after to 01/01/98 01/01/98 to 01/01/98 01/01/98 to 08/12/02 08/12/02 1. Min. Lot Area 13,000 s.f. 13,000 s.f. 9,000 sJ. 9,000 sJ. 7,500 sJ. 7,700 s.f. 2. Min. Lot Width 1 a. Interior Lots 85 ft. 85 ft. 70 ft. 72.5 ft. 65 ft. 70 ft. b. Corner Lot 85 ft. 85 ft. 80 ft. 80 ft. 75 ft. 75 ft. 3. Min. Lot Depth 120 ft 120 ft 110 ft. 110ft. 1 00 ft. 110 ft. 4. Min. Dwelling Unit 2,000 s.f. 2,300 s.f. 1,800 sJ. 2,000 sJ. 1600 s.f. 1700 s.f. Size2 5. Min. Front Building Line 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. 6. Min. Side Building Line 10 ft. & 6 ft.3 10 ft. & 6 ft.3 10 ft. & 6 ft.3 10 ft. & 6 ft.3 6 ft.4 6 ft.4 7, Min. Rear building Line 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 8. Max. Structure Height 38 ft. 38 ft. 38 ft. 38 ft. 38 ft. 38 ft. 9. Rear Yard 20% of Lot 20% of Lot 20% of Lot 20% of Lot 20% of Lot 20% of Lot Open Space Area Area Area Area Area Area Area 1. See Section 680, for lot width of irregular or cuI de sac lots. 2. See Section 540 for Dwelling Unit Size Overlay District. 3. Except for corner lots, which shall have twenty feet on the side yard adjacent to a side street and not less than six feet on the other side. Subdivision submitted for approval prior to January 1, 1990, shall have six foot side yards, except for corner lots which shall have twenty feet on the street side and not less than six feet on the other side. 4. Except corner lots adjacent to a side street shall be at least twenty feet on the street side and not less than six feet on the other side. D. General Conditions - The following general conditions shall be required of all development located within the R-1, R-2, and R-3 Districts: Article 4 Primary District Regulations 08/12/02 Page 4-1 Zonina Reaulations City of North Rich' 1. Fences: R-1, R-2, and R-3 Districts: See Article 10, Screening & Fencing Regulations. 2. Parking: R-1, R-2, and R-3 Districts: Off-street parking space shall be provided on the lots to accommodate four cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. See Article 8, Parking and Loading Regulations. 3. Accessory buildings: R-1, R-2, and R-3 Districts: See Article 6, Supplementary District Regulations. 4. Customary Home Occupations: R-1, R-2, and R-3 Districts: See Article 6, Supplementary District Regulations. 5. Garage Entry Requirements: a. R-1 and R-2 Districts: Within every Subdivision in which the subdivision plat is submitted for approval after January 1, 1990, only front entry garages, set back thirty (30) feet off the building line, side entry, and rear entry will be allowed. b. R-3 Districts: Within every Subdivision in which the subdivision plat is submitted for approval after August 12, 2002, only front entry garages, set back thirty (30) feet off the building line, side entry with no garages more than 10 feet in front of the occupied building front, and rear entry will be allowed. 6. Garage Entry Distance: Minimum distance between a side or rear property line and a garage entry shall be 22 feet. 7. Masonry Requirement: See Article 6, Supplementary District Regulations. 8. Landscaping Requirement: See separate Landscape Regulations. Article 4 Primary District Regulations 08/12/02 Page 4-2 CITY OF NORTH RICHLAND HILLS I"- Department: Administration Council Meeting Date: 8/12/2002 Subject: Contract Authorizina Pass- Throuah State Grant Aareement Agenda Number: GN 2002-095 for NETS A contract proposal between North Richland Hills and the Texas Department of Transportation has been received providing for the continuation of State funding for the Northeast Transportation Service (NETS). The City is acting as a pass-through conduit for the grant funds. No City funding is required to administer the contract. NETS provides on-call transportation service to the elderly and disabled in many cities in northeast Tarrant County. The primary focus of the service is to provide transportation to places of employment and medical appointments. The contract for the grant agreement becomes effective September 1, 2002, or as soon as it is executed, and expires August 31, 2003. This contract does not effect the City's budgeted participation in the NETS program. Recommendation To authorize the contract allowing the City to act as pass through until August 31 2003. ~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~Æ,,~ ~7441ß~ Department Head Signature Finance Review Account Number Sufficient Funds Available Budget Director \ Finance Director ~ ~~~~ Page 1 of L RECIPIENT: City of North Richland Hills ST ";JLOCAL PUBLIC TRANSPORTATION GRANT AGREEMENT GIL.... r AGREEMENT NO.: 51302F1019 STATE PROJECT NO. URB 0302( 02) City of North Richland Hills STATE/LOCAL URBAN PUBLIC TRANSPORTATION GRANT AGREEMENT THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of North Richland Hills, hereinafter called the "Recipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 4 ,and, WHEREAS, the Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted an application for state financial assistance to be used to provide transportation services as described in Attachment A; and, WHEREAS, the Texas Transportation Commission has approved the request by Minute Order Number 108566; NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows. AGREEMEN:r ARTICLE 1. GRANT PERIOD This grant agreement becomes effective when fully executed by both parties, or on September 1, 2002, whichever is later. This grant agreement shall terminate on August 31, 2003, unless terminated or otherwise modified as hereinafter provided. ARTICLE 2. PROJECT DESCRIPTION A. The Recipient shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in Attachment A, Approved Project Description in accordance with the provisions of the Project Description, this grant agreement, federal and state law, and federal and state regulations. B. If applicable, the Recipient shall begin competitive procurement procedures no later than thirty (30) days after the effective date of this grant agreement for the purchase of the approved line jtem(s) referenced in Attachment B, Approved Project Budget. No later than sixty (60) days after the issuance of public notification, the Recipient shall publicly open all bids. The Recipient shall issue a purchase order no later than thirty (30) days after the opening of an acceptable bid. The Recipient shall notify the department in writing when it is necessary to exceed these deadlines. '"-, ARTICLE 3. COMPENSATION A. The maximum amount payable under this grant agreement without modification is $22,441.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A, Approved Project Description and Attachment B, Approved Project Budget. B. The State's reimbursement to the Recipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claims submitted by the Recipient or its subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not available to pay the Recipient's claims. - C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A, Approved Project Description and Attachment B, Approved Project Budget. D. The Recipient must submit requests for reimbursement to the State no more frequently than monthly and no later than forty-five (45) days after the date of the invoices submitted for reimbursement. The Recipient will use invoice statements acceptable to the State. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original and one copy of the invoice is to be submitted to the following address: MaribelP. Chavez, PE District Engineer Texas Department of Transportation P.O. Box 6868 Fort Worth, Texas 76115-0868 F. The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. The Recipient will submit a final billing within forty-five (45) days of the completion or termination of the grant agreement in accordance with Article 1, Grant Period. The Recipient shall pay all subcontractors for work performed within ten (10) days after the . Recipient receives payment for the work performed by the subcontractor. Also, any retained monies on a subcontractor's work shall be paid to the subcontractor within ten (10) days after the Recipient receives any retainage payment. The State shall not be responsible for the debts of the Recipient. \, '- G. H. The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be made a part of all subcontracts. Failure to comply with any of the above requirements may cause withholding of payments to the Recipient and will be grounds for termination of this grant agreement by the State. dRTICLE 4. AMENDMENTS A. Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period. The Recipient is authorized to re-budget without a formal amendment when the proposed revision :'1volves an increase in one category and a corresponding decrease in another, provided however, ___tat any such revision meets all of the following criteria: 1. Does not result in the need for additional funds; and, 2. Does not exceed ten percent of the current total approved budget and the federal or state funding exceeds $100,000; and, 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another category; and, 4. Does not involve a transfer of funds from training to another expense category; and, 5. Does not involve a transfer of funds from construction to a non-construction category; and, 6. Does not involve a transfer of funds from a direct to indirect cost category. C. If a proposed revision meets all of the criteria listed above, the Recipient must notify the State in writing before the revision is made, describing the revision, explaining the need, and certifying that it complies with the above criteria. ARTICLE 5. SUBCONTRACTS The Recipient shall not enter into any subcontract with individuals or organizations for the purchase of equipment and/or to provide professional services without prior authorization and consent to the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions required by state or federal law. Recipients shall furnish the department notice of the intent to award a purchase order or contract to any individuals or organizations not a part of the Recipient's organization when the amount of the purchase meets or exceeds the threshold level in the Government Code or Local Government Code (or $15,000 for those entities not covered by the (3c\vernment Code or Local Government Code) requiring formal competitive procurement. Purchases ~_)I not be split out to stay below the threshold amount. No subcontract will relieve the Recipient of its responsibility under this grant agreement. ARTICLE 6. AUDIT REQUIREMENTS Recipient audit procedures shall meet or exceed the audit requirements outlined in applicable Federal Office of Management and Budget (OMB) publications as follows: OMB Circular A-21 , Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations ARTICLE 7. PROCUREMENT STANDARDS Recipient procurement standards shall meet or exceed the requirements of 49 C.F.R. §18.36 including standards for competitive procurements; methods of procurement; contracting with small and minority firms, women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Recipient's procurement system must include but not be limited to the following procurement standards. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. A. A contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No employee, officer, or agency of the Recipient shall participate in seiection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. A process for review of proposed procurements to avoid ,purchase of unnecessary or duplicative items. C. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. D~se of value engineering clauses in contracts for construction projects. E. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, giving consideration to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. F. Records sufficient to detail the significant history of procurement, including rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. G. Limited use of time-and-materials contracts. H. Use of good administrative practices and sound business judgment to settle contractual and administrative issues arising out of procurements. /. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. J. Procurement transactions conducted in a manner that provides full and open competition. K. These standards will only apply to the project described in Attachment A, Approved Project Description. Upon procurement of items under this grant agreement, the Recipient shall submit to the State a list of all bidders and subcontractors that quoted on the procured items. The Recipient shall submit the list with their requests for reimbursements and must include names, addresses, telephone numbers, and type(s) of work quoted. A_ilCLE 8. PROPERTY MANAGEMENT The State must concur in the award of all purchase orders for non-expendable personal property as defined in 49 C.F.R. Section 18.31. ARTICLE 9. EQUIPMENT MANAGEMENT A. Management standards include, but are not limited to: 1. Maintain equipment records that include a description of the equipment; a serial number or other identification number; the source of équipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment; maintenance history for each vehicle; and ultimate disposition data including the date of disposal and sale price. 2. Conduct a physical inventory of the equipment at least once every two (2) years and reconcile the inventory with equipment records described in the preceding paragraph. 3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated. 4. Develop and follow procedures to keep the equipment maintained and in good condition. At a minimum, the Recipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5. Request disposition instruCtions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. 6. The Recipient will comply with Title 43, Texas Administrative Code §31.53, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Recipient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this grant agreement upon determination by the State that said property has not been fully or properly used. B. All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety Standards established by the US Department of Transportation. ~, jrrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. D. The Recipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 1 O. COORDINATION According to Title 43 of the Texas Administrative Code §31.49, the Recipient will at all times coordinate the provision of public transportation services with other transportation operators, both public and private, in the area. The Recipient will furnish the State copies of any agreement resulting from such coordination. Agreements that authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. ARTICLE 11. LABOR PROTECTION PROVISIONS If applicable, the Recipient shall comply with the labor protection provisions as listed below. The Recipient agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the area of the project: A. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. B. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. The Recipient shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. D. In the event an employee is terminated or laid off as a result of the project, he or she shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training is required by such employment or reemployment, the Recipient shall provide or provide for such training or retraining at no cost to the employee. E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shåll be entitled to receive any applicable rights, privileges and benefits as- specified in the employee protective arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Recipient, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. The Recipient agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. G. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. H. The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). The notice shall also specify the terms and conditions set forth herein for the protection of employees. ARTICLE 12. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its contractors to verify the extent of services provided under the terms of the grant agreement. Representatives of the State or Federal government shall have access to project facilities and records at all reasonable times. ARTICLE 13. REPORTS A. The Recipient shall submit written or electronic reports at intervals and in a format prescribed by the State. 1. Quarterly Operating Report - No later than thirty (30) days after the end of the quarter, for which the report is made, the Recipient shall submit an activity report to the State. At a minimum, the quarterly operating report will include the number of vehicles in operation; total unlinked passenger trips; total miles traveled; total expenses, including administrative and operating expenses; revenue, including fares and donations, operating cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile traveled. The State may require more frequent operating reports for reasons of its own, or if the Recipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends. 2. Status of Procurements - If the grant includes the purchase of vehicles or other capital equipment, the Recipient shall submit a quarterly report consisting of a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. 3. Status of Construction - If the grant includes construction, the Recipient shall submit quarterly narrative reports which include but are not limited to the progress of construction. B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including: 1. Problems, delays or adverse conditions that will materially affect the Recipient's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Recipient and any State assistance needed to resolve the situation. 2. Favorable developments or events that will enable the Recipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. Every two (2) years, or more frequently when instructed by the State, the Recipient shall conduct a physical inventory of grant-supported property as set forth in Article 9, Equipment Management, and furnish the State a copy of the inventory. C. The Recipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code §31.36. D. The Recipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. As a minimum, the Recipient '-- shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 14. DISPUTES AND REMEDIES A. The Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement issue shall be submitted for resolution by informal mediation, in accordance with the requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code, unless the subject matter applies under Title 43, Texas Administrative Code §9.2. c. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. The State may terminate this grant agreement at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the grant agreement. The State shall give written notice to the Recipient at least thirty (30) days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. Additionally, if the State notifies the Recipient of a major deficiency and the Recipient does not respond in the manner required by the State, the State will, within ten (10) working days, exercise its contract termination rights, direct the disposition of equipment purchased with grant funds, or both. ',_ ß. If both parties to this grant agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the grant is warranted, a new grant agreement must be developed and executed by both parties. C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Recipient shall be subject to additional liability except as otherwise provided in this agreement. D. Upon termination of this grant agreement, whether for cause or at the convenience of the parties hereto, title to all property and equipment remains with the Recipient subject to the obligations and conditions set forth in this grant agreement and 49 C.F.R. 18.31 and 18.32, unless the state or federal funding agency issue disposition instructions to the contrary. E. In the event of termination, the State may compensate the Recipient for those eligible expenses incurred during the grant periods that are directly attributable to the completed portion of the grant covered by this grant agreement, provided that the grant has been completed in accordance with the terms of the grant agreement. The Recipient shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failure in performance of this grant agreement in accordance with its terms (including any failure by the Recipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Recipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Recipient. ARTICLE 16. HISTORICALLY UNDERUTILlZED BUSINESS (HUB) PARTICIPATION FOR PUBLIC TRANSPORTATION CONTRACTS '-t'. It is the policy of the United States Department of Transportation (USDOT) and the Texas Department of Transportation (TxDOT) that Disadvantaged Business Enterprises (DBE) as defined in 49 C.F.R. Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE and the TxDOT's DBE Program requirements of 49 C.F.R. Part 26 and Section 1101 (b) of TA-21 , 23 U.S.C. §101 note apply to this contract as follows: G. The Recipient and any subcontractor will strive to meet the annual DBE goal of 6.03% by offering DBEs, as defined in 49 C.F.R. Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts. DBE participation shall be reported monthly H. The Recipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts. I. These requirements shall be physically included in any subcontract. , J. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and may, after the notification of the State, result in termination of the contract by the TxDOT or other such remedy as the TxDOT or the U.S. DOT deems appropriate, including referring the matter for enforcement under 18 U.S.C. §1001 and/or the Program Fraud Civil Remedies Act, 31 U.S.C. §§3801 et seq.. ARTICLE 17. CONTROL OF SUBSTANCE ABUSE Section 5307 Recipient's will submit a copy of the Drug and Alcohol Management Information Syste'm (DAMIS) reports by February 15th of each year using forms furnished by the Federal Transit t ·'l1inistration. '-- ARTICLE 18. PROHIBITED ACTIVITIES A. Neither the Recipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall share in this grant agreement or benefit from it, except in the same manner as the general public. B. No member, officer or employee of the Recipient during his tenure or one (1) year thereafter shall have any interest, direct or indirect, in this grant agreement or the proceeds thereof. A. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this grant agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. B. Any persons doing business with or who may reasonably speaking do business with the State under this grant agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above. Failure on the part of the Recipient to adhere to this policy may result in the termination of this grant agreement. C. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no officer, employee or member of the Recipient's governing board or of the Recipient's , contractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two (2) years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree. ARTICLE 19. OPEN MEETINGS If applicable, the Recipient will comply with Texas Government Code, Chapter 551, which requires all r~\ar, special or called meetings of governmental bodies to be open to the public, except as ohrerwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 20. INDEMNIFICATION A. To the extent permitted by law, the Recipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Recipient or of any person employed by the Recipient. B. To the extent permitted by law, the Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or òtherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient, its agents, employees or volunteers. C. The Recipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the grant agreement. ARTICLE 21. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Recipient shall furnish the State \' .<~ satisfactory proof of compliance therewith. Þ--.. TICLE 22. NONCOLLUSION The Recipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Recipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee. ARTICLE 23. NOT APPLICABLE ARTICLE 24. NOT APPLICABLE ARTICLE 25. PROGRAM INCOME A. Except for income from royalties and proceeds from the sale of real property or equipment, the Recipient shall retain program income and apply such income to allowable capital or operating expenses. B. The Recipient shall comply with standards governing the receipt and application of program income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income received by the Recipient directly generated by a grant supported activity, or earned only as a result of this grant agreement during the time period specified in Article 1, Grant Period. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a grant agreement, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income does not include grant funds, rebates, credits discounts, refunds, and the interest earned on any of these receipts. /t"""ICLE 26. SUCCESSORS AND ASSIGNS ~, Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 27. LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 28. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS A. Signs - The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. B. Hazardous Materials - The Recipient will conduct an inspection of the building for hazardous materials; asbestos and lead-based paint. Removal and disposal will be in accordance with local, state and federal regulations, prior to the initiation of construction. ARTICLE 30. NOT APPLICABLE ARTICLE 31. SIGNATORY WARRANTY Tt 'mdersigned signatory for the Recipient hereby represents and warrants that he or she is an ofht;er of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. ARTICLE 32. INCORPORATION OF PROVISIONS. Attachments A through D are attached hereto and incorporated into this contract as if fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. RECIPIENT: Recipient Name: City of North Richland Hills By: Signature of Authorized Officer By: District Engineer, Fort Worth District Typed, Printed or Stamped Name Typed, Printed or Stamped Name Title: ... , ~. Date: Date: Attachments to Grant Agreement Attached and Incorporated into the Grant Agreement by Reference Attachment Title A Approved Project Description B Approved Project Budget C Disclosure Of Lobbying Activities D Federal Provisions E Not Applicable F Not Applicable G Not Applicable H Not Applicable ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State and Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description, unless described below. ATTACHMENT B APPROVED PROJECT BUDGET [Please Insert Budget Page] State and Local Urban Public Transportation Grant Agreement Attachment B Approved Project Budget Original Budget Effective Date: September 1.2002 Project Completion Date: August 31. 2003 Recipient City of North Richland Hills State Contract Number: 51302FI019 State Project Number: URB 0302( 02) Service Area: City of North Richland Hills. et al Category Total Tolal Fed -/. Fedoral S'nr~ Loul SO,OO 0,00% SO,OO SO.OO SO,OO S90.000,00 80,00% S72.000.00 SO.OO SI8.000.00 SO,OO 0,00% SO.OO SO,OO SO 00 SO,OO 0,00% SO,OO SO.OO SO 00 SO,OO 0,00% SO,OO SO,OO SO 00 S90.000,00 80,00% S72.00000 SO 00 $18.00000 S5.000,00 0,00% $0,00 SOOO $5.00000 S353.253,00 53.22% S188.00000 S22,44100 $142.812,00 $448.253.00 $260.000.00 $22.441.00 $165.812.00 Maximum Reimburseable Amount: $22,441.00 Category All Code Description Capital PM Planning Planning Operating 30,09,00 Operating Assistance Project Totals Page I of I ',,-- ATTACHMENT C DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action: _ B 2. Status of Federal Action: _B_ 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post award For Material Change Only: year 2003 quarter 1 d. loan date of last report - e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 4. If Reporting Entity in NO.4 is Subawardee, Enter Name Name: City of North Richland Hills and Address of Prime: Address: Prime X Subawardee - - Tier, if known: 6. Federal Department! Agency: 7. Federal Program Name/Description Federal Transit Administration CFDA Number, if applicable: 20.509 8. Federal Action Number, If known: 9. Award Amount, if known: 10.a, Name and Address of Lobbying Entity: IO.b. Individual Perfonning Services (including address if (if individual, last name, first name, MI): different from No. lOA) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, if r - ~essary) ""' 12. Form of Payment (check all that apply): ._ Amount of Payment (check all that apply): a. cash $ actual b. in-kind; specify: nature - - planned value 13. Type of Payment (check all that apply): a. retainer c. commission e, deferred - b. one-time fee - d. contingent fee - f. other; specify - - - 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: 15. Continuation Sheet(s) SF-LLL-A attached: Yes No 16. Information requested through this form is Authorized Representative: authorized-by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed Title: by the tier above when this transaction was made or ,- entered into. This disclosure is required pursuant to 31 Signature U.S.C. 1352. This information will be reported to the Congress semi-annual and will be available for public Telephone: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Date: than $10,000 and not more than $100,000 for each such failure. ATTACHMENT D FEDERAL PROVISIONS TABLE OF CONTENTS Section 1. Project Implementation. A. General Requirements. B. U.S. DOT Administrative Requirements. C. Application of Federal, State, and Local Laws and Regulations. D. Significant Participation by a Third Party Contractor. E. Recipient's Responsibility to Extend Federal Requirements to Other Entities. F. No Federal Government Obligations to Third Parties. G. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or Litigation). Section 2. Ethics. A. Debarment and Suspension. B. Lobbying Restrictions. C. False or Fraudulent Statements or Claims. Section 3. Accounting Records. A. Project Accounts. B. Documentation of Project Costs and Program Income. Section 4. Reporting, Record Retention, and Access. A. Record Retention. B. Access to Records of Recipients and Recipients. C. Project Close-out. Section 5. Costs Reimbursed. Section 6. Civil Rights. A. Nondiscrimination. B. Equal Employment Opportunity. C. Requirements. Section 7. Not Applicable. Section 8. Procurement. A. Federal Standards. B. Exclusionary or Discriminatory Specifications. C. Bus Seat Specifications. D. Clean Air and Clean Water. E. Preference for Recycled Products. F. Architectural, Engineering, Design, or Related Services. G. Award to Other than the Lowest Bidder. H. Rolling Stock. I. Bonding. J. National Intelligent Transportation Systems Architecture and Standards. '--Section 9. Leases. A. Capital Leases. B. Leases Involving Certificates of Participation. C. Cross-Border Leases. Section 10. Patent Rights. A. General. B. Federal Rights. Section 11. Rights in Data and Copyrights. A. Definition. B. State and Federal Restrictions. C. Federal Rights in Data and Copyrights. D. Special Rights in Data for Research, Development, Demonstration, and Special Studies (Planning) Projects. E. Hold Harmless. F. Restrictions on Access to Patent Rights. G. Statutory Requirements to Release Data. Section 12. Use of Real Property, Equipment, and Supplies. A. Use of Project Property. B. General Federal Requirements. C. 5310 Program D. Maintenance. E. . Records. F. Encumbrance of Project Property. G. Transfer of Project Property. H. Disposition of Project Property. \. Misused or Damaged Project Property. J. Obligations After Project Close-out. Section 13. Insurance. A. Minimum Requirements. B. Flood Hazards. Section 14. Relocation. A. Relocation Protections. B. Nondiscrimination in Housing. Section 15. Real Property. A. Land Acquisition. S. Covenant Assuring Nondiscrimination. C. Recording Title of Real Property. D. FTA Approval of Changes in Real Property Ownership. Section 16. Construction. A. Drafting, Review, and Approval of Construction Plans and Specifications. B. Supervision of Construction. C. Construction Reports. D. Project Management for Major Capital Projects. E. Seismic Safety. -..4ection 17. Employee Protections. A. Construction Activities. B. Activities Not Involving Construction. C. State and Local Government Employees. D. Transit Employee Protective Arrangements. Section 18. Environmental Requirements. A. Use of Public Lands. B. Coastal Zone Management. C. Environmental Justice. Section 19. Energy Conservation. Section 20. State Management and Monitoring Systems. Section 21. Not Applicable. Section 22. Not Applicable. Section 23. Metric System. Section 24. Substance Abuse. A. Drug Abuse. B. Alcohol Abuse. Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems. Section 26. Seat Belt Use. Section 27. Special Requirements for Urbanized Area Formula Projects. A. Fares and Services. B. Audit Requirements. C. Half-Fare Requirements. D. Procurement of an Associated Capital Maintenance Product. E. Transit Security. F. Restrictions on the Use of Formula Assistance for Operations. G. Reporting Requirements. H. Criminal Sanctions. Section 28. Not Applicable. Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects. A. General Requirements. B. Restrictions on the Use of Grant Funds. Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects. A. General Requirements B. Special Requirements. C. FTA Notice. Section 31. Disputes, Breaches, Defaults, or Other Litigation. A. Notification. B. Federal Interest in Recovery. C. Enforcement. D. State and FTA Concurrence. FEDERAL GENERAL TERMS AND CONDITIONS FOR PUBLIC TRANSPORTATION PROJECTS This document contains standard terms and conditions governing the administration of a public transportation project supported with Federal assistance through the Texas Department of Transportation ("State"). The State and the Recipient/Subgrantee ("Recipient") understand and agree that not every provision of this document will apply to every Recipient or every project depending upon the nature of the Project and the section of the statute authorizing the financial assistance. Thus, in consideration of the mutual covenants, promises, and representations herein, the State and the Recipient agree as follows: Section 1. Project Implementation A. General requirements. 1. Effective Date. The effective date of this agreement is the date of final execution by both parties. The Recipient agrees to begin the Project in a timely manner. 2. Recipient's Capacity. The Recipient agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to plan, manage, and complete the Project, and provide for the use of Project facilities and equipment, to comply with the terms of the agreement, and all applicable Federal laws, executive orders, regulations, directives, and published policies governing this Project. 3. Completion Dates. The Recipient agrees to complete the Project in a timely manner. B. U.S. DOT Administrative Requirements. The Recipient acknowledges that Federal administrative requirements differ based on the type of entity receiving Federal assistance: 1. A Recipient that is a State, a local government, or an Indian tribal government agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18. 2. A Recipient that is an institution of higher education or a nonprofit organization agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," 49 C.F.R. Part 19. C. Application of Federal, State, and Local Laws and Regulations. The Recipient acknowledges that Federal laws, regulations, policies, and related administrative practices applicable to the Project may be modified from time to time. The Recipient agrees that the most recent of such Federal requirements will govern the administration of the Project at any particular time, unless FT A issues a written determination otherwise. The Recipient agrees to include notice in each agreement with any third party contractor participating in the Project that State or Federal requirements may change and the changed requirements will apply to the Project as required, unless the State or Federal Government determines otherwise. D. Significant Participation by a Third Party Contractor. Although the Recipient may enter into a third party contract in which the third party contractor agrees to provide property or services in support of the Project, or even carry out Project activities normally performed by the Recipient, the Recipient continues to remain responsible to the Federal Transportation Administration (FTA) for compliance with Federal requirements. E. Recipient's Responsibility to Extend Federal Requirements to Other Entities. 1. Entities Affected. The Recipient agrees to take appropriate measures necessary to ensure any third party contractors comply with applicable Federal requirements. 2. Documents Affected. The Recipient agrees to require its third party contractors to include adequate provisions to ensure compliance with applicable Federal requirements in each lower tier subcontract and subagreement financed in whole or in part with financial assistance. No State or Federal Government Obligations to Third Parties. The Recipient agrees that, absent the State or Federal Government's express written consent, the State or Federal Government shall not be subject to any obligations or liabilities to any Recipient or any third party contractor, or any other person. G. Changes in Project Performance (Le., Disputes, Breaches, Defaults or Litigation). The Recipient agrees to notify the State immediately of any change in conditions (such as its legal, financial, or technical capacity), or any other event that may significantly affect the Recipient's ability to perform the Project. Section 2. Ethics A. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of any third party contractor, with Executive Order Numbers 12549 and 12689, "Debarment and Suspension," 31 U.S.C. §6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," within 49 C.F.R. Part 29. B. Lobbying Restrictions. The Recipient agrees to: 1. Refrain from using Federal assistance funds to support lobbying, 2. Comply, and assure the compliance of each third party contractor at any tier with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. §1352. 3. Comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence Congress or a State legislature on legislation or appropriations, except through proper, official channels. 4. Sign the Lobbying Certification attached. C. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that: 1. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. Accordingly, by executing the agreement, the Recipient certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project covered by the agreement. In addition to other penalties that may apply, the Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the State or Federal Government, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act or 1986, as amended, to the extent the Federal Government deems appropriate. 2. If the Recipient makes a false, fictitious, qr fraudulent claim, statement, submission, or certification to the State in connection with an urbanized area formula project financed with Federal assistance authorized for 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.$.C. §5307(n)(1), to the extent the Federal Government deems appropriate. Section 3. Accounting Records A. Project Accounts. The Recipient agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system, that can be identified with the Project. The Recipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to FTA upon its request, and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. The Recipient agrees to support all costs charged to the Project, including any approved services contributed by the Recipient or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Recipient also agrees to maintain accurate records of all program income derived from implementing the Project, except certain income determined by FTA to be exempt from the general Federal program income requirements. Section 4. Reporting, Record Retention, and Access A. Record Retention. The Recipient agrees to maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the State or the Federal Government may require during the course of the Project and for four years thereafter. B. Access to Records. Upon request, the Recipient agrees to permit and require its Recipients to permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and the State, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts pertaining to the Project. C. Project Close-out. Project close-out does not alter the reporting and record retention requirements of this Agreement. Section 5. Costs Reimbursed The Recipient understands and agrees that Project costs eligible for participation must comply with all the following requirements: 1. Conform with the Attachment A, Approved Project Description, the Attachment B, Approved Project Budget, and all other terms of the agreement; 2. Are necessary in order to accomplish the Project; 3. Are reasonable for the goods or services purchased; 4. Are actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding program income); 5. Are incurred within the agreement time period; 6. Are satisfactorily documented; 7. Are treated consistently in accordance with accounting principles and procedures approved by the State; 8. Are eligible under State and Federal law, regulation, rule, or guidelines for participation; and 9. Unless permitted otherwise by Federal statute or regulation, comply with the: (1) U.S. Office of Management and Budget (OM B) CircularA-87, Revised, "Cost Principles for State and Local Governments" if the Recipient is a local government or an Indian tribal government; (2) OMB Circular A-21, Revised, "Cost Principles for Educational Institutions" if the Recipient is an institution of higher education; (3) OMB Circular A-122, Revised, "Cost Principles for Non-Profit Organizations" if the Recipient is a private nonprofit organization; or (4) Federal Acquisition Regulation, 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with Commercial Organizations" if the Recipient is a for-profit organization. Additionally, the Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. ,r -:tion 6. Civil Rights 'tne Recipient agrees to comply with all applicable civil rights statutes and implementing regulations including, but not limited to, the following: (A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,'42 U.S.C. § 12132, and Federal transit law at 49 U.S.C.§ 5332, the Subreceipient agrees that it will not discriminate against any employee or af\r')licant for employment because of race, color, creed, national origin, sex, age, or disability. In a Ition, the Subreceipient agrees to comply with applicable Federal implementing regulations and other implementing requirements FT A may issue. (B) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Subreceipient agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction a¿tivities undertaken in the course of the Project. The Subreceipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. In addition, the Subreceipient agrees to comply with any implementing requirements FTA may issue. (2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Subreceipient agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Subreceipient agrees to comply with any implementing requirements FTA may issue. (3) Disabilities - I n accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Subreceipient agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertainin§ to employment of persons with disabilities. In addition, the Subreceipient agrees to comply with any implementing requirements FTA may issue. (C) Requirements. The Subreceipient also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Section 7. Not Applicable Section 8. Procurement To the extent applicable, the Recipient agrees to comply with the following third party procurement wirements: A. Federal Standards. The Recipient agrees to comply with FTA Circular 4220.1 D, "Third Party Contracting Requirements," including any revision or replacement thereof, and applicable Federal regulations or requirements, including FTA third party contracting regulations when promulgated. The FTA Best Practices Procurement Manual provides additional procurement guidance. Nevertheless, be aware that the FTA Best Practices Procurement Manual is focused on procurement processes and may omit certain Federal requirements applicable to the work to be performed. B. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal statute or regulations, the Recipient agrees to comply with the requirements of 49 U.S.C. §5323(h)(2) by refraining from using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. C. Bus Seat Specifications. The Recipient may use specifications conforming with the requirements of 49 U.S.C. §5323(e) to acquire bus seats. D. Clean Air and Clean Water. The Recipient agrees to include in third party contracts exceeding $100,000 adequate provisions to ensure that Project participants report the use of facilities placed or likely to be placed on EPA's "List of Violating Facilities," refrain from using violating facilities, report violations to FTA and the Regional EPA Office, and comply with the inspection and other applicable requirements of: 1. Section 114 of the Clean Air Act, as amended, 42 U.S.C. §7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§7401 et seq.; and 2. Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1318, and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq. E. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply with U.S. Environmental Protection Agency (U.S. EPA) "Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962, and otherwise provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. F. Architectural, Engineering, Design, or Related Services. When procuring architectural, engineering, or related services, the Recipient agrees to comply with the provisions of 49 U.S.C. §5325(b), either by negotiating for those services in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. §§541 et seq., or by using an equivalent qualifications-based requirement of the State. When, awarding contracts for architectural, engineering, or related services, the Recipient agrees to accept undisputed audits conducted by other governmental agencies, in accordance with 23 U.S.C. §112(b)(2) (C) through (F). To the extent the Recipient qualifies for an exception in accordance with 49 U.S.C. §5325(b), however, this subsection does not apply. G. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. §5325(c), a Recipient may award a third party contract to a party other than the lowest bidder, when such an award furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any implementing regulations, directives, circulars, manuals, or other guidance FT A may issue and is consistent with state law. H. Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows: 1. Method of Acquisition. The Recipient may award a third party contract for rolling stock based on initial capital costs, performance, standardization, life cycle costs, and other factors, or based on a competitive procurement process, in accordance with 49 U.S.C. §5326(c). 2. Multi-year Options. In accordance with 49 U.S.C. §5326(b)(1), a Recipient may procure rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53 using a contract with an option, not to exceed 5 years after the date of the original contract, to purchase additional rolling stock or replacement. 3. Pre-Award and Post-Delivery Requirements. The Recipient agrees to comply with the requirements of 49 U.S.C. §5323(m) and FTA regulations, "Pre-Award and Post- Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. 4. Bus Testing. To the extent applicable, the Recipient agrees to comply with the requirements of 49 U.S.C. §5323(c) and FTA regulations, "Bus Testing," 49 C.F.R. Part 665, and any revision thereto. I. Bonding. To the extent applicable, the recipient agrees to comply with the following bonding requirements. 1. Construction Activities. The Recipient agrees to provide bid guarantee, contract performance, and payment bonding to the extent deemed adequate by FT A and applicable Federal regulations, and comply with any other bonding requirements FTA may issue. 2. Other Activities. The Recipient agrees to comply with any other bonding requirements or restrictions FTA may impose. J. National Intelligent Transportation Systems Architecture and Standards. The Recipient agrees to conform, to the extent applicable, to the National Intelligent Transportation Standards architecture in compliance with section 5206(e) of TEA-21, 23 U.S.C. §502 note, and with FHWA/FTA's "Transportation Equity Act for the 21st Century; the Interim Guidance on Conformity with the National Intelligent Transportation Systems (ITS) Architecture and Standards," 63 Fed. Reg. 70443 et seq., December 21, 1998, and other subsequent Federal directives that may be issued. Section 9. Leases A. Capital Leases. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision thereto. B. Leases Involving Certificates of Participation. The Recipient agrees to obtain FT A concurrence before entering into a leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. C. Cross-Border Leases. To the extent applicable, the Recipient agrees to comply with FTA Circular 7020.1 ,"Cross-Border Leasing Guid~lines·," April 26, 1990, in connection with the acquisition of capital assets involving across':'border lease. Section 10. Patent Rights A. General. If any invention, improvement, or discovery of the Recipient or any of its third . party contractors is conceived or first actually reduced to practice in the course of or under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify FTA immediately and provide a detailed report. B. Federal Rights. The Recipient agrees that its rights and responsibilities, and those of each third party contractor at any tier pertaining to that invention, improvement, or discovery will be determined in accordance with applicable State and Federal laws, regulations, inCluding any waiver thereof. Absent a determination in writing to the contrary by the State and Federal Government, the Recipient agrees to transmit to the State and FTA those rights due the State and Federal Government in any invention, improvement, or discovery resulting from that third party contract as specified in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing the Presidential Memorandum [Statement] on Government Patent ',--- Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, 19 Weekly Compo Pres. Doc. 252-253, Feb. 28, 1983), irrespective of the status of the Recipient, any Recipient, or any third party contractor at any tier (Le., a large business, small business, State government or State instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.). Section 11. Rights in Data and Copyrights - A. Definition. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the agreement. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" used in this section does not include financial reports, cost analyses, or similar information used for Project administration. B. State and Federal Restrictions. Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of the State and Federal Government, until such time as the State and Federal Government may have either released or approved the release of such data to the public unless the Recipient is an institution of higherlearning. C. Federal Rights in Data and Copyrights. The Recipient agrees to provide to the State and Federal Government a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for State and Federal Government purposes the "subject data." As used in the previous sentence, "for State and Federal Government purposes," means use only for the direct purposes of the State and Federal Government. Without the copyright owner's consent, the State and Federal Government may not extend to other parties the State or Federal Government's license to: 1. Any subject data developed under the agreement or under a third party contract financed by the agreement, whether or not a copyright has been obtained; and 2. Any rights of copyright to which a Recipient or a third party contractor purchases ownership with Federal assistance. D. Special Rights in Data for Research, Development, Demonstration, and Special Studies (Planning) Projects. FTA's and the State's purpose in providing financial assistance for a special studies (planning), research, development, or demonstration Project, is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FTA and the State determine otherwise, the Recipient of financial assistance to support a research, development, demonstration, or a special studies (planning) Project agrees that, in addition to the rights in data and copyrights of this agreement, FTA and the State may make available to any FTA recipient, Recipient, third party contractor, or third party subcontractor, either FT A's or the State's license in the copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever, all data developed under that Project shall become subject data and shall be delivered as the FTA and the State may direct. This Subsection does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use whose costs are financed with Federal funds for capital Projects. E. Hold Harmless. Except as prohibited or otherwise limited by law, the Recipient agrees to indemnify, save, and hold harmless the State and the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the . '~ Project. F. Restrictions on Access to Patent Rights. Nothing in this section shall imply a license to the State and the Federal Government under any patent or be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. G. Statutory Requirements to Release Data. The Recipient understands and agrees that data and information submitted may be required to be made available for dissemination under the Texas Public Information (Government Code, Chapter 552) or Freedom of Information Act, or other Federal statute(s) in accordance with implementation instructions contained in 49 C.F.R. §19.36, revised March, 2000, to the extent applicable, and any subsequent applicable State or Federal requirements that may be promulgated. Section 12. Use of Real Property, Equipment, and Supplies Unless otherwise approved by FTA, the Recipient agrees to comply with the following requirements with respect to real property, equipment, and supplies: A. Use of Property. The Recipient agrees to use Project real property, equipment, and supplies for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period used to support transit activities) for the duration of the useful life of that property, as required by FTA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be required to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify FTA immediately when any Project property is withdrawn from Project use or when Project property is used in a manner substantially different from the representations made in the Application or the Project Description for the Grant Agreement. B. General Federal Requirements. A Recipient that is a State, a local government, or an Indian tribal government agrees to comply with property management standards of 49 C.F.R. §§18.31 through 18.34, including any amendments thereto, and other applicable guidelines or regulations the Federal Government may issue. A Recipient that is an institution of higher education, or a private nonprofit organization, agrees to comply with 49 C.F.R. §§19.30 through 19.37, including any amendments thereto, and other applicable guidelines or regulations the Federal Government may issue. Any exception to the requirements of 49 C.F.R. §§18.31 through 18.34, and to 49 C.F.R. §§19.30 through 19.37, requires the express approval of the State and Federal Government. A Recipient that is a for-profit organization agrees to comply with property management standards satisfactory to FT A. Nevertheless, FT A has established specific reimbursement requirements for premature dispositions of certain Project equipment (Le., when Project equipment is withdrawn from appropriate use before the expiration of the equipment's useful life established by FTA). C. 5310 Program. The Recipient, where practical, shall make available the vehicle purchased under tbis program to provide transportation to other elderly persons and persons with disabilities beyond the Recipient's own clients when not being used for grant-related purposes. According to FTA C 9070.1 E, the Recipient/Recipient shall also provide transportation to the general public on an incidental basis if such service does not interfere with transportation services for the general elderly and disabled public. D. Maintenance. The Recipient agrees to maintain Project real property and equipment in good operating order, in compliance with any guidelines, directives, or regulations the State or FT A may issue. E. Records. The Recipient agrees to keep satisfactory records regarding the use of Project real property, equipment, and supplies, and submit to the FTA upon request such information as may be required to assure compliance. F. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, absent written authorization by FT A permitting otherwise: 1. Written Transactions. The Recipient agrees to refrain from executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation note, alienation, or any other obligation that in any way would affect the Federal or State interest in any Project real property or equipment. 2. Oral Transactions. The Recipient agrees to refrain from obligating itself in any manner to any third party with respect to Project real property or equipment. 3. Other Actions. The Recipient agrees to refrain from taking any action that would either adversely affect the Federal or State interest or impair the Recipient's continuing control of the use of Project real property or equipment. G. Transfer of Project Property. The Recipient understands and agrees as follows: 1. Recipient Request. The Recipient may transfer assets financed with Federal assistance authorized for 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the State and Federal Transit Administrator and conforms with the requirements of 49 U.S.C. §§5334(g)(1) and (2). 2. Direction. The Recipient agrees that the State may direct the disposition of, and even require the Recipient to transfer title to, any real property, equipment, or supplies financed with Federal assistance. 3. Leasing Project Property to Another Party. If the Recipient leases any Project asset to another party, the Recipient agrees to retain ownership of the leased asset, and assure that the lessee will use the Project asset appropriately, either through a "Lease and Supervisory Agreement" between the Recipient and lessee, or another similar document. Upon request, the Recipient agrees to provide a copy of any relevant documents. H. Disposition of Project Property. With prior FTA and State approval, the Recipient may sell, transfer, or lease Project property and use the proceeds to reduce the gross project cost of other eligible capital transit projects to the extent permitted by 49 U.S.C. §5334(g)(4). Nevertheless, the Recipient agrees that the State may establish the useful life for Project property, and that the Recipient will use Project property continuously and appropriately throughout that useful life. 1. Project Property Whose Useful Life Has Expired. When the useful life of Project Property has expired, the Recipient agrees to comply with FTA's and the State's disposition requirements. 2. Project Property Prematurely Withdrawn from Use. For property withdrawn from appropriate use before its useful life has expired, the Recipient agrees as follows: a) Notification Requirement. The Recipient agrees to notify the State immediately when any Project real property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Recipient agrees that the Federal Government retains a Federal interest in the fair market value of Project property prematurely withdrawn from mass transportation use. The amount of the Federal interest in the property shall be determined on the basis of the ratio of the Federal assistance awarded by the Federal Government for the property to the actual cost of the Property. The Recipient agrees that the fair market value of property prematurely withdrawn from use will be calculated as follows: 1) Equipment and Supplies. Unless otherwise determined in writing by the State, fair market value shall be calculated by straight-line depreciation of the equipment or supplies, based on the useful life of the equipment or supplies established or approved by the State. The fair market value of equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of that property from use. In the case of equipment or supplies lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that property immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. As authorized by 49 C.F.R. §18.32(b), the State may use its own disposition procedures, provided that those procedures comply with the State's laws. 2) Real Property. The Recipient agrees that the fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the Federal Government, as provided by 49 C.F.R. Part 24, or by straight line depreciation, whichever is greater. 3) Exceptional Circumstances. The State reserves the right to require the use of another method of determining the fair market value of property. In unusual circumstances, the Recipient may request that another rèasonable valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request, the State may consider any action taken, omission made, or unfortunate occurrence suffered by the Recipient with respect to the preservation or conservation of Project property withdrawn from appropriate use. c) Obligations. Unless otherwise approved in writing by the State, the Recipient is required to remit to the State the Federal interest in the fair market value of Project real property, equipment, or supplies prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural disaster, the Recipient may fulfill its responsibilities with respect to the Federal interest remaining in the damaged equipment or supplies by either: 1) Investing an amount equal to the remaining Federal interest in like-kind equipment or supplies that are eligible for assistance within the scope of the Project that provided financial assistance for the damaged equipment or supplies; or 2) Returning an amount equal to the remaining Federal interest in the damaged property . I. Misused or Damaged Project Property. If any damage to Project real property, equipment, or supplies results from abuse or misuse of that property occurring with the Recipient's knowledge and consent, the Recipient agrees to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged property, as the State may require. J. Obligations After Project Close-out. A Recipient that is a State, local, or Indian tribal government agrees that Project close-out will not alter its property management obligations and applicable State and Federal rules and regulations and other FTA requirements or directives. Section 13. Insurance In addition to any other insurance requirements that may apply in connection with the Project, the Subecipient agrees as follows: A. Minimum Requirements. At a minimum, the Recipient agrees to comply with the insurance requirements normally imposed by the laws, regulations, and ordinances imposed by its State and local governments. For construction and/or repair contracts, the Recipient shall comply with insurance requirements as established in 49 C.F.R. Part 18. B. Flood Hazards. To the extent applicable, the Recipient agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973,42 U.S.C. §4012a(a), with respect to any Project activity involving construction or acquisition having an insurable cost of $10,000 or more. Section 14. Relocation When relocation of individuals or businesses is required, the Recipient agrees to comply with the f( wing requirements: A. Relocation Protections. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in purchases. B. Nondiscrimination in Housing. The Recipient agrees to comply with Title VIII of the Civil Rights Act of 1968,42 U.S.C. §§3601 et seq. and Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 U.S.C. §3608 note, when carrying out its responsibilities to provide housing used to meet Federal relocation requirements. Section 15. Real Property For Projects involving real property, the Recipient agrees as follows: A. Land Acquisition. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in purchases. B. Covenant Assuring Nondiscrimination. The Recipient agrees to include a covenant in the title of the real property to assure nondiscrimination during the useful life of the Project. C. Recording Title to Real Property. To the extent required by the State and FTA, the Recipient agrees to record the State and Federal interest in the title of real property. D. Approval of Changes in Real Property Ownership. The Recipient agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the State. Section 16. Construction For activities involving construction, the Recipient agrees as follows: A. Drafting, Review, and Approval of Construction Plans and Specifications. To-the extent required by the State, the Recipient agrees to comply with State requests pertaining to the drafting, review, and approval of construction plans and specifications. B. Supervision of Construction. The Recipient agrees to provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications. C. Construction Reports. The Recipient agrees to provide progress reports and such other information as may be required by the State. D. Project Management for Major Capital Projects. The Recipient agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto, applicable to a Major Capital Project. E. Seismic Safety. The Recipient agrees to comply with the U.S. DOT regulations at 49 C.F.R. Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction," 42 U.S.C. §7704 note, pursuant to the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S. C. §§7701 et seq., pertaining to seismic safety in DOT assisted construction projects (specifically, 49 C.F.R. §41.117), and with any implementing guidelines FT A may issue. . Section 17. Employee Protections A. Construction Activities. The Recipient agrees to comply, and assures the compliance of each contractor to any tier, with the following employee protection requirements for construction employees: 1. Davis-Bacon Act, as amended, 40 U.S.C. §§276a - 276a(7), FTA's enabling legislation requiring compliance with the Davis-Bacon Act, at 49 U.S.C. §5333(a), and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; 2. Contract Work Hours and Safety Standards Act, as amended, particularly with the requirements of section 102 of the Act, 40 U.S.C. §§327 - 332; and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and with section 107 of the Act, 40 U.S.C. §333, and U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926; and 3. Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. §874 and 40 U.S.C. §276c, and U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. Part 3. B. Activities Not Involving Construction. The Recipient agrees to comply, and assures the compliance of contractors at any tier, with any applicable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§327 - 332, and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. C. State and Local Government Employees. The Recipient agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §§206 and 207, apply to employees performing Project work involving commerce, and apply to any State or local government employees that are public transit authority employees. Thus, the Recipient, agrees to comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing Project work. D. Transit Employee Protective Arrangements. If transit employee protective arrangements required by U.S. DOL apply to transit operations performed in connection with the Project, the Recipient agrees to comply with the applicable requirements for its Project as follows: 1. Standard Transit Employee Protective Arrangements. To the extent that the Project involves transit operations, the Recipient agrees to implement the Project in compliance with terms and conditions the U.S. Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the Project and that meet the requirements of 49 U.S.C. §5333(b), and of the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FTA. The Recipient agrees to implement the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference. The requirements of this paragraph do not apply to Projects for the elderly and persons with disabilities that are authorized by 49 U.S.C. §5310(a)(2) or to Projects for non urbanized areas that are authorized by 49 U.S.C. §5311; separate requirements for those Projects are contained in SubsectioP'ls 17.D(2) and 17.D(3) of this Agreement. 2. Transit Employee Protective Arrangements for Projects for Elderly and Persons with Disabilities Authorized by 49 U.S.C. §5310(a)(2). To the extent that the U.S. Secretary of Transportation has determined or determines in the future that employee protective '-- arrangements required by 49 U.S.C. §5333(b) are necessary or appropriate for a public body Recipient under the Project, the Recipient agrees to carry out the Project in compliance with the terms and conditions determined by the Secretary of Labor necessary to meet the requirements of 49 U.S.C. §5333(b), and the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FT A. The Recipient agrees to implement the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference and made part of this Agreement. 3. Transit Employee Protective Arrangements for Projects in Nonurbanized Areas Authorized by 49 U.S.C. §5311. The Recipient agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing procedures, and any revisions thereto. Section 18. Environmental Requirements The Recipient recognizes that many Federal and State laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §§7401 et seq. and scattered sections of 29 U.S.C.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq.; the RF"~l)urce Conservation and Recovery Act, as amended, 42 U.S.C. §§6901 et seq.; and the C~_.prehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§9601 et seq. The Recipient also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project. Thus, the Recipient agrees to comply, and assures the compliance of each Recipient and each contractor, with any such Federal requirements as the Federal Government may now or in the future promulgate. Listed below are requirements of particular concern to FT A and the Recipient. The Recipient agrees that those laws and regulations do not constitute the Recipient's entire obligation to meet all Federal environmental and resource conservation requirements. A. Use of Public Lands. The Recipient agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from a historic site of national, State, or local significance may be used for the Project unless FTA makes the specific findings required by 49 U.S.C. §303. B. Coastal Zone Management. The Recipient agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §§1451.et seq. C. Environmental Justice. The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C. §4321 note. Section 19. Energy Conservation Tt ~ecipient agrees to comply with the mandatory energy efficiency standards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§6321 et seq. Section 20. State Management and Monitoring Systems The Recipient agrees to comply with applicable requirements of joint FHWA/FTA regulations, ,,~~ rlagement and Monitoring Systems," 23 C.F.R. Parts 500 and 49 C.F.R. Part 614, to the extent aþp/icable. Section 21. Not Applicable Section 22. Not Applicable Section 23. Metric System As required by U.S. DOT or FTA, the Recipient agrees to use the metric system of measurement in its Project activities, pursuant to the Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act, 15 U.S.C. §§205a et seq.; Executive Order No. 12770, "Metric Usage in Federal Government Programs," 15 U.S.C. §205a note; and other U.S. DOT or FTA regulations, guidelines, and policies. To the extent practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Section 24. Substance Abuse A. Drug Abuse. The Recipient agrees: 1. The Recipient agrees to comply with U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §§702 et seq. 2. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Prevention of Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, including subsequent FTA regulations when promulgated, and any guidance on the drug abuse provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue. AI 'hol Abuse. To the extent applicable, the Recipient agrees to comply with FTA regulations, "f--r....vention of Alcohol Misuse in Transit Operations," 49 C.F.R. Part 655, including subsequent FTA regulations when promulgated, and any guidance on the alcohol abuse provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems To the extent applicable, the Recipient agrees to comply with 49 U.S.C. §5330, and FTA regulations, "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659, and any guidance that FTA or U.S. DOT may issue to implement 49 U.S.C. §5330. Section 26. Seat Belt Use Pursuant to Executive Order No. 13043, April 16, 1997,23 U.S.C. §402, the Recipient is encouraged to adopt on-the-job seat b.elt use policies and programs for its employees when operating company- owned, rented, or personally-operated vehicles and include this provision in third party contracts, entered into under this Project. ' Section 27. Special Requirements for Urbanized Area Formula Projects The following requirements apply to all Projects financed with Federal assistance authorized for 49 U.S.C. §5307: A. Fares and Services. Before raising fares or instituting a major reduction of service, the Recipient agrees to use its established administrative process to solicit and consider public comment. B. Audit Requirements. The Recipient agrees that the State or Federal Government may conduct or require the Recipient to engage an independent entity to conduct annual or more frequent reviews and audits required by 49 U.S.C. §5307(i) and applicable regulations or guidelines that the Federal Government may issue. C. Half-Fare Requirements. The Recipient agrees that the fares or rates charged the elderly and persons with disabilities during nonpeak hours for transportation using or involving Project facilities and equipment will not exceed one-half of the rates that generally apply to other persons at peak hours, whether the operation of such facilities and equipment is by the Recipient or another entity under lease or otherwise. The Recipient agrees to give the rate required herein to any person presenting a Medicare card duly issued to that individual pursuant to Title II or Title XVIII of the Social Security Act, 42 U.S.C. §§401 et seq., and 42 U.S.C. §§1395 et. seq. D. Procurement of an Associated Capital Maintenance Product. In accordance with the terms of 49 U.S.C. §5326(d), the Recipient may, without prior Federal approval, procure an eligible associated capital maintenance product by contract directly with the original supplier or manufacturer of the item to be replaced, provided that the Recipient: (1) first certifies in writing that such manufacturer or supplier is the only source of that item and the price of that item is no higher than the price paid for that item by like customers, and (2) complies with applicable Buy America statutory and regulatory requirements. E. Transit Security. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its funds authorized by 49 U.S.C. §5307 for transit security Projects, unless the Recipient has certified to FTA that such expenditures are not necessary. F. Restrictions on the Use of Formula Assistance for Operations. A Recipient permitted to use Federal assistance authorized for 49 U.S.C. §5307 to support operations agrees as follows: 1. To comply with the restrictions of 49 U.S.C. §§5307(b)(1) and 5307(f) in using urbanized area formula funds for operating assistance, unless permitted otherwise by FTA. 2. Financial assistance authorized by 49 U.S.C. §5307 may be applied to the Net Project Cost of the Recipient's operating expenses incurred during the Project time period set forth in the Approved Project Budget and, with FTA approval, may be extended to a later date to the extent permitted by law, provided that the applicable operating assistance limitation is not exceeded. G. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and assures that any transit operator to which the Recipient provides funds authorized by 49 U.S.C. §5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. §5335(a) for FTA's national transit database and FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which includes various reports required for FTA's national transit database. H. Criminal Sanctions. The criminal sanctions of 49 U.S.C. §1001 apply to any submission or certificate provided for the Urbanized Area Formula Program authorized by 49 U.S.C. §5307. Section 28. Not Applicable Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for section 3037 ofTEA-21, 49 U.S.C. §5309 note: A. General Requirements. The Recipient agrees to comply with any applicable Federal requirements or guidance that may be issued to implement the Job Access and Reverse Commute Grant Program, authorized by section 3037 of TEA 21,49 U.S.C. §5309 note. S. Restrictions on the Use of Grant Funds. The Recipient agrees that it will not use any grant funds awarded for Section 3037 Projects to support the costs of planning or coordination activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. §5309 note. St. _~40n 30. Special Requirements for Over-the-Road Bus Accessibility Projects The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for section 3038 of TEA-21, 49 U.S.C. §5310 note: A. General Requirements. The Recipient agrees to comply with any applicable Federal requirements or guidance that may be issued to implement the Over-the-Road Bus Accessibility Program authorized by section 3038 of TEA-21 , 49 U.S.C. §5310. B. Special Requirements. The Recipient agrees to comply with U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37, Subpart H, "Over-the-Road Buses," and joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38. C. FTA Notice. The provisions of FTA Notice, "Over-the-Road Bus Accessibility Program Grants," 65 Fed. Reg. 2772-2786 (January 18, 2000), and any subsequent revision thereto, supersede conflicting provisions of this Agreement. Section 31. Disputes, Breaches, Defaults, or Other Litigation The Recipient agrees that the State and FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: A. Notification. The Recipient agrees to notify the State of any current or prospective major dispute, breach, default, or litigation that may affect the State or Federal Government's interests in the Project or the administration or enforcement of laws or regulations. If the Recipient seeks to name the State or the Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform the State before doing so. B. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to its Project Account in lieu of returning the Federal share to the Federal Government. C ":nforcement. The Recipient agrees to pursue all legal rights within any third party contract. D.~.....Jtate and FTA Concurrence. The State and FTA reserve the right to concur in any compromise or settlement of any claim involving the Project and the Recipient. End of agreement CITY OF NORTH RICHLAND HILLS Department: Environmental Services Council Meeting Date: 08/12/02 Subject: ChanQes to Food Service Ordinance No. 2645 Agenda Number GN 2002-096 The attached Food Service Ordinance No. 2645 is designed to reformat and clean up some regulatory language in existing Food Ordinance No. 2406 and includes the following changes: · Updates language to reflect changes in regulatory terminology; · Reformats the ordinance using municipal code standards; · Allows for appeal of permit revocation / denial to be to the City Manager or his designee. The current ordinance provides for appeal to Board of Appeals that no longer exists. · Following changes to Temporary Food Vendor Located at a Business: o Changes name to Weekend Food Vendor and continues to allow for 3 day permit; o Eliminates separate ordinances and incorporates language into new Food Service Ordinance 2645; o Sets annual permit fee of $500.00; o Limits permit to one site for the year; o Requires commissary be inspected by state, county or local authorities and that cart must be removed each night by 10:00 pm and stored at the approved commissary. Recommendation: It is recommended that the City Council approve Ordinance 2645 that replaces Ordinances No. 2406, 2407 and 2561 in regulating food service in North Richland Hills. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AVaJlaDle ~ ,,~' Finance Director Page 1 of L 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 ORDINANCE NO. 2645 2 4 AN ORDINANCE AMENDING CHAPTER lOŸ2 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CODIFYING PREVIOUSLY ADOPTED FOOD SERVICE REGULATIONS; OMITTING REFERENCES TO OBSOLETE RULES; MODIFYING HEARING REQUIREMENTS; ESTABLISHING FEES; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; EST ABLISHING A PENAL TY; PROVIDING FOR P{!BLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 WHEREAS, the City staffhas recommended revision of hearing requirements established by Ordinance 2406 and revisions of obsolete and amended statutory references and codification of food service regulations previously established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Chapter 1012 of the Code of Ordinances, City of North Richland Hills, Texas, is hereby amended to read as follows: "CHAPTER lOŸ2 FOOD AND FOOD ESTABLISHMENTS ARTICLE I. GENERAL Sec. lOŸ2-l. State Sanitation Regulations Adopted. The State of Texas Department of Health Bureau of Food and Drugs, "Texas Food Establishment Rules," (T.A.C. 229.161-229.171,229.173-229.175), as adopted by the State Board of Health, effective October 6, 1998, and as amended thereafter are hereby referenced and adopted as part of this Ordinance. Sec. l0Ÿ2-2. Definitions. ! i When used in the ordinance, the following words and tenns, unless the context indicates a different meaning, shall be interpreted as follows: j ¡ Adopted by Reference: All definitions included in the regulations adopted. j: II 11 Ii I' II II 11 II II w,t=I\O"'-"~"'" S~'" om 264S.wpd .1 City Environmental Services Inspector: Environmental Services Inspector of the Environmental Services Department of the City of North Rich1and Hills or hislher designee. Council: The City Council of the City of North Richland Hills, Texas. 1 4 6 8 10 12 i; 14 16 18 20 22 26 28 30 i 32 34 36 38 40 42 44 -'->-'-'--'" .--~.,--.-_._._-- Employee: Any person working in a food service establishment including individuals having supervisory or management duties. Food: Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption. Food Establishment: Anyplace which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, food processing establishments, commissaries, warehouses and food itinerants whether such operations be mobile or operate ITom a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. This tenn does not apply to the following: (1) Private homes where food is prepared, served or stored for individual family consumption. (2) Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food ITom amongst their membership. For the purpose of assessing fees, the tenn does not include the following operations and/or establishments, provided that the operations of the fonner do not expose the public to a substantial and imminent health hazard as detennined by the City Environmental Services Inspector or hislher authorized representative and provided such establishment obtains a pennit from the Environmental Services Department of the City of North Richland Hills. (3) Temporary Food Establishments which operate at a fixed location for a period of time not to exceed fourteen (14) consecutive days in conjunction with a single event or celebration provided that such temporary food establishments are both owned and operated by nonprofit organizations based within the City. (4) Concession Stands which operate at a fixed location in conjunction with scheduled, community-based sporting or recreational events provided: (a) Such establishments are both owned and operated by nonprofit organizations based within the City. (b) The preparation and serving of potentially hazardous food shall be restricted to only those pre-cooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving. (c) This restriction does not apply to any prepackaged, potentially hazardous food product that has been properly prepared and packaged in accordance with all Texas Department of Health and local requirements and is properly stored, handled, and served in the unopened, original package W:\N GenerallOrdinancesIFood Service ord 264S,wpd 2 4 6 8 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 from said concession stands. (5) Establishments Which Handle Only Fresh, unprocessed fruits, nuts, and vegetables whether such establishments operate from a fixed location or are mobile in nature. Priority Classification: For the purpose of assessing pennit fees and frequency of inspections, the following definitions shall apply: (a) Low Priority: a food establishment that sells only pre-packaged hazardous foods; prepares and/or serves only non-potentially hazardous beverages or foods with minimal handling; or other factors as detennined by the Environmental Services Inspector or hislher authorized representative which would require the establishment be inspected on a low priority basis. (b) Medium Priority: a food establishment that prepares, serves, or sells foods from pre-cooked ingredients with limited handling, or other factors that require that establishment be inspected on a medium priority frequency basis, such as a retail grocery store, sandwich shop, seasonal fast food, produce market, ice cream shop, bakery or candy store. (c) High Priority: a food establishment that prepares, serves or sells foods from raw meats or seafood, extensively handles foods, serves a highly susceptible population, or other factors that require that the establishment be inspected at the high priority frequency basis, such as a full service restaurant, fast food restaurant, seafood market, fresh meat market, delicatessen, caterer, hospital food service, or nursing home food service. Health Department: Environmental Services Department of the City of North Richland Hills. Mobile Food Unit: A vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Potentially Hazardous Food: Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, in a fonn capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. Regulatory Authority: The Environmental Services Department of the City of North Richland Hills. Re-Inspection: Inspection to detennine compliance with applicable health regulations. Rules and Regulations: "Texas Food Establishment Rules" ofthe Texas Department of Health, Division of Food and Drugs. A copy of those rules are attached hereto and made a part hereof. W:\N General\OrdinanceslFood Service ord 264S,wpd 3 Ij I I 4 'I 6 i I 8 ! I i ; 10 í , I ! 12 ; . , 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 Such Rules and Regulations are adopted and shall be in full force and effect within the City limits of North Richland Hills, Texas. Seasonal Food Service: An establishment which operates for no more than four (4) consecutive months (one hundred and twenty (120) days in a twelve month calendar year), and is restricted to non-potentially hazardous food. Temporary Food Service: An establishment at a fixed location which operates for no more than five (5) consecutive days, in conjunction with an event or celebration sponsored by a business or organization with a location where such service occurs. Weekend Food Vendor: A food establishment which operates for no more than three (3) consecutive days over a weekend at a single business or single group of contiguous business with a minimum of 10,000 square feet of building space and ten (10) feet of space in front of such businesses for such vendor. ARTICLE II. COMPLIANCE PROCEDURES Sec. 10~-16. Compliance Required. It shall be unlawful for any person or firm to operate any food establishment as defined in Article I above, within the corporate limits of the City of North Richland Hills, Texas, unless such operation is done in conformance with the requirements of this ordinance. Sec. 10~-17. Authority to Issue Permits. The City Environmental Services Inspector or his/her authorized representative is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the City of North Richland Hills provided that the person or firm complies with the requirements of this ordinance. Sec. 10~-18. Permit Required. It shall be unlawful for any person or firm to operate a food establishment without a permit. Sec. 10~-19. Application for Permit. A. Application for such permit as required in this Article in Section 3 shall be made in writing to the City Environmental Services Inspector or his/her authorized representative upon forms prescribed and furnished by the City of North Richland Hills. B. Plans and specifications review are required as follows: (1) Prior to construction, extensive remodeling or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications for W:\N General\Ordinances\Food Service ord 264S.wpd 4 I , I ¡ I I 4 6 8 i 10 I ¡ ¡ 12 ' . 14 16 18 20 22 .<:...... 26 28 30 32 34 36 38 40 42 44 review under the building code and administratively coordinated and made available to the fire marshal and the Environmental Services Inspector or his/her authorized representative forreview under the provisions ofthe Fire Code and this Article, and no construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified City Officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type of make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the City Environmental Services Inspector or his/her authorized representative must be commenced within six (6) months of the said approval date and completed within twelve (12) months of commencement, or the plans must be resubmitted for plan review and being subject to the current City requirements. (2) Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) . months may apply to the City Environmental Services Inspector for a waiver of this review at the time of original submission, but not thereafter. (3) Whenever plans and specifications are required to be submitted to the City, the City shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of the ordinance. Sec. 10~-20. Issuance of Permit; Transferability; Terms; Penalties; Categories. A. The City Environmental Services Inspector or his/her authorized representative shall issue a permit ifhe/she determines that: (1) The technical review of plans and specifications are in compliance with applicable laws and this ordinance; (2) The fees as set out by ordinance and all other applicable fees have been paid; and (3) By means of physical inspection, the food establishment is determined to be in compliance with this ordinance. B. Every permit issued under the provisions ofthis Article shall be non-transferable. A food establishment shall permit the operation of the establishment only at the location for which application is made. C. Any permit granted under the provisions of this Article shall remain in full force and effect and displayed in a conspicuous place for inspection by the City Environmental Services Inspector or his/her authorized representative for the term allowed according to W:\N GenerallOrdinances\Food Service ord 264S,wpd 5 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 pennit category and type as defined in this Article, unless suspended and/or revoked for cause. 4 D. Any food establishment that fails to renew any pennit issued under the provisions of this Article by the expiration date of said pennit and continues to operate without a valid pennit shall be assessed twenty-five ($25.00) dollars for each day óf operation of that establishment, plus any other penalties provided in this Article. Such assessments and/or penalties shall be paid along with the required pennit fees before a valid pennit will be reissued. 6 8 E. Permit categories are authorized as provided herein: (1) Food Service Establishment; (2) Food Store; (3) Food Service within a Food Store; (4) Mobile Food Unit; and (5) Weekend Food Vendor. F. Permit Types for each fonner category are authorized as provided herein: (1) Annual Permit: 12 months tenn length; (2) Seasonal Permit: 4 consecutive months, not to exceed one hundred and twenty (120) days in length; and (3) Temporary Permit: Up to three (3) conse<?utivç: days in length. G. Certificate Categories: ; i (1) Food Service Manager; and ¡I ¡i 1; :1 i¡ (2) Food Service Employee. ! Sec. lOYZ-21. Permit Fees and Renewal. II II A !I . I! II I II B. II W'~ood ""'"' onI264'..,. II Before a pennit is issued, an applicant shall pay the fee(s) as established by ordinance, except Temporary Food Establishments, Concession Stands, and establishments which handle only fresh, unprocessed fruits, meats and vegetables. The following pennits shall expire annually on November 30 and must be renewed on December 1 of each calendar year: 6 4 10 12 14 16 18 20 22 "".,. 26 28 30 32 34 36 38 40 42 44 6 8 (1) Food Service Establishments High Priority; (2) Food Service Establishments Medium Priority; (3) Food Service Establishments Low Priority; (4) Temporary Food Service Establishment; (5) Seasonal Permit; (6) Mobile Food Unit; and (7) Weekend Food Vendor. c. Applicable fees may be prorated at fifty percent (50%) for permits issued on or after the first (1st) day of May. ARTICLE III. INSPECTIONS Sec. 10~-31. Enforcement Authority; Inspections; Report of Inspections. A. The City Environmental Services Inspector or hislher authorized representative is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this Article for the purpose of determining compliance with this ordinance and for the purpose of determining the identity ofthe owner, operator, manager or supervisor thereof and all persons employed therein. B. Before a permit is issued, the City Environmental Services Inspector or hislher authorized representative shall inspect and approve the food establishment areas to be used. An inspection of a food establishment shall be perfonped at least once annually and shall be prioritized based upon assessment ofa Food Establishment's compliance and potential of causing foodbome illness according to Section 229.171 (h) ofthe Texas Administrative Code. C. The City Environmental Services Inspector shall classify food establishments as high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility ofthe population served; and any other risk factor deemed relevant to the operation. D. Additional inspections ofthe food establishment shall be performed as often as necessary for the enforcement of this ordinance. E. Refusal of an owner, manager or employee to allow the City Environmental Services Inspector or hislher authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in i I I WTornIIOnI¡"~."'ood s.m" "'" 264'. wpd 7 -------~~_._-,-~._---------->._~~_._-_.- 4 II q II I, j ~ ,! II , I F. i I ¡ i I I' I' ,I , ! 6 8 10 12 ¡i ¡; 14 16 18 20 22 ~i:f" 26 28 30 32 34 36 38 40 42 44 an immediate suspension of the pennit, requiring all pennitted activities to abate until after the hearing required in Section 1 OYz- 32E( 1) . Nothing herein or therein shall require notice of suspension of this violation. In the event that the City Environmental Services Inspector or hislher authorized representative should have cause to believe that a business required to bepennitted under this Article is operating without a pennit (or has failed to renew such pennit) and refuses entry, during nonnal business hours, then the City Environmental Services Inspector or hislher authorized representative may apply to the North Richland Hills Municipal Court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the Municipal Court, the City Environmental Services Inspector or hislher authorized representative may be assisted in service thereofby the North Richland Hills Police Department, or such other law enforcement agencies as are deemed necessary to obtain entry. G. The City Environmental Services Inspector or hislher authorized representative may also be accompanied during inspection by the Building Official and/or Fire Marshal ofthe City of North Richland Hills, or hislher designee. Sec. 10~-32. Correction of Violations; Suspension of Permit; Revocation of Permit. A. Enforcement Procedures: The City Environmental Services Inspector or hislher authorized representative may establish enforcement procedures to insure compliance with this ordinance and which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, pennit suspensions and pennit revocation. B. Inspections: The inspection report fonn shall specify a reasonable period oftime for the correction of the violations found, and correction qfthe.violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous of toxic materials, onset of apparent foodbome illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health, the permit holder shall immediately discontinue operations and notify the North Richland Hills Environmental Services Department. If a business is closed for any ofthe above mentioned violations, a closure sign shall be posted in public view and cannot be removed or covered in any way, said sign shall state that the business was closed by the North Richland Hills Environmental Services Department and shall not re-open until such time as the violations or repairs have been completed and a re-inspection has been completed by a North Richland Hills Environmental Services Inspector. North Richland Hills Environmental Services Inspectors are the only persons authorized to remove the sign once it has been W: General\OrdinancesIFood Service ord 2645, wpd 8 4 6 8 10 12 14 16 18 20 22 ~::"r 26 28 30 32 34 36 38 40 42 44 I posted in accordance with this ordinance. (2) A permit holder shall, at the time of inspection, correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity ofthe corrective action needed, the Environmental Services Inspector may agree to or specify a longer time frame, not to exceed ten (10) calendar days after the inspection, for the permit holder to correct critical control point violations. (3) All non-critical violations shall be corrected by a date and time agreed to or specified by the Environmental Services Inspector, but no later than 90 calendar days after the inspection. (4) In the case of temporary food establishments, all violations shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed twenty-four (24) hours following the inspection. C. Re-Inspection: (1) To determine corrected imminent health hazards as defined in the regular inspection. (2) To determine compliance with plan review after initial inspection and prior to issuance of permit. (3) Re-inspection fee: One half (Y2) the cost of one permit fee. D. Compliance with Inspection Report: The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations. An opportunity for a formal ad?1ini~trative hearing is provided for in Section 1 0~-32.E. E. Suspension of Permit: (1) The City Environmental Services Inspector or his/her authorized representative may, without notice or hearing, suspend anypermit authorized herein ifthe holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in Section 3 of this Article. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City by the holder of the permit, within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the City is in receipt of the written request for said W:\N General\Ordinances\Food Service ord 264S,wpd 9 4 6 8 10 12 14 16 18 20 22 k'"'f 26 28 30 32 34 36 38 40 42 44 hearing. (2) If the pennit holder or the person in charge does not file a written request for a hearing with the City within ten (10) days of the notice of suspension, then the suspension is sustained. The City may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a food establishment is required under provision ofthis Article to cease operation, it shall not resume operations until such time as are-inspection detennines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time. F. Revocation of Permit: The City Environmental Services Inspector or hislher authorized representative may, after providing opportunity for a hearing as specified in 10Y1-32.E, revoke a pennit for serious or repeated violations of any of the requirements of this Article or for interference with the City's enforcing authority in the course of hislher duties. The City shall notify the holder ofthe pennit or person in charge, in writing, of the reason for which the pennit is subject to revocation and that the pennit shall be revoked at the end ofthe ten (10) days following service of such notice unless a written request for a hearing is filed within the ten (10) day period, the revocation of a pennit becomes final. Whenever a revocation of a pennit has become final, the holder of the revoked pennit may make written application for a new pennit. Sec. 10Y2-33. Service of Notice. A notice provided for in this Article is properly served when it is delivered to the holder of the pennit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address ofthe holder ofthe pennit or is hand-delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the City of North Richland Hills. . Sec. 107'2-34. Hearings. The hearing provided for in this Article shall be conducted by the City Manager or his designee at a time and place designated by the City Manager or his designee. After such hearing, the City Manager or his designee shall sustain, reverse or modify the action of the City Environmental Services Inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the Environmental Services Inspector within forty eight (48) hours of the issuance of the said order and decision. Sec. 107'2-35. Examination and Condemnation of Food. Food samples may be examined or taken for analysis by the City Environmental Services ' Inspector or hislher authorized representative as often as necessary for enforcement ofthis Article W: General\OrdinanceslFood Service ord 264S,wpd 10 10 12 14 16 18 20 22 ¿;r... 26 28 30 32 34 36 38 40 42 4 II 'I II II ; ! , I ì ì ! ! ii ,I !! il it j' I I ! and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this ordinance, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the City Environmental Services Inspector or his/her authorized representative. The City shall pennit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this Article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof 6 8 i1 , I I, Sec. lOY%-36. Equipment and Utensils; Design and Fabrication. A. Residential refiigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refiigeration units will be required to maintain a product temperature of 50 Celsius (410 Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved. B. An exception to the fonner equipment requirements may be made with written approval ofthe City Environmental Services Inspector or hislher authorized representative for the following establishments or operations: (1) Food establishments that will operate onl~ und~r a temporary pennit. (2) Mobile food establishments. L " ,I I; :1 ¡ ~ (3) Child care facilities licensed for up to twelve (12) children by the Texas Department of Protection and Regulatory Services. Sec. lOY%-37. Equipment Installation and Location. I: " ;, , , ¡¡ jl Ii I! Ii II II )1 II Ii r :1 W:\NRH\General\OrdinanceslFood Service ord 2645, wpd i Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. 11 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 II I Sec. 10%-38. Sanitary Facilities and Equipment. A. Lavatories: Lavatories shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. 4 6 8 B. Lavatory Supplies: Ifhand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner shall be provided at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser conveniently located near each lavatory in food preparation areas. ; : C. Toilet Facilities: (1) All new or extensively remodeled food service establishments within the City in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the City Plumbing Code. (2) Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building. D. Cleaning Physical Facilities: In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. E. Grease Traps/Interceptor: Grease traps/interceptors installed in food establishments shall be located outside the establishment, unless approved in writing by the Building Official, Plumbing Board, Director of Public Works, and City Environmental Services Inspector or his/her authorized representative. Grease traps shall be located for easily accessible cleaning. I I ! , ¡ ¡ F. Sinks: In all new or extensively remodeled food establishments at least a three · I compartment sink shall be provided for the manual washing, rinsing, and sanitizing of i ¡ utensils and equipment. Ifheat is used to sanitize equipment and utensils, a temperature I ¡ of 1700 F is required. A separate preparations sink shall be installed for the purpose of I i washing raw fruits and vegetables and the thawing of frozen products, cold water only is , necessary at this sink. An exception to the fonner equipment requirements may be made i ¡ with written approval of the City Environmental Services Inspector or his/her authorized II representative only in the case of a food establishment that shall operate under a II W'f_IIO"""'.Food Sm;œ ""2645..,d I 12 10 12 14 16 18 20 22 ~..,.. 26 28 30 32 34 36 38 40 temporary pennit or food establishments that handle only non-potential hazardous foods which require limited preparation. 4 G. Mechanical Utensil Washing Facilities: In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one 3-compartment sink shall be provided in addition to the mechanical utensil washer. 6 8 , , , Sec. 1 O~-39. Restricted Operations. The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the City limits. The City Environmental Services Inspector or hislher authorized representative may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerant, in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the fonner establishments. Sec. 10~-40. Weekend Food Vendors. Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the Texas Department of Health, or a Texas city or county health department. All food and equipment must be removed from the site where such food is sold to the public by 10:00 P.M.each night. No operations shall be pennitted in any fire lane or parking space and at least four feet of walkway into the building must remain open and unobstructed. No Weekend Food Vendor shall operate in any zoning district other than retail, commercial or industrial. All zoning and fire regulations shall be complied with. Weekend Food Vendors shall not be allowed to operate except in the ten (10) feet closest to the front of the business building. Sec. 10~-41. Penalty. Any person, finn, association of persons, company, corporation or their agents, servants, or employees violating or failing to comply with any ofthe provisions ofthis Chapter shall be fined, upon conviction, not less than one ($1.00) nor more than two thousand dollars ($2,000), and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of civil enforcement and injunction as provided in Section 54.012-54.019, TEX. Lac. Gov'T CODE, and as may be amended may be exercised in enforcing this Article whether or not there has been a complaint filed. ,. ¡: I] Ii ¡; 1 : j ~ il : I J¡ Ii 1 : I' II ¡j 'I II II W1-"''''¡'~mwood '.mo, ,,' '64'."" 13 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 ARTICLE IV. TRAINING REQUIRED 4 Sec. 10~-51. Food Service Manager's Training Certification. A. Every food service establishment pennitted herein shall employ no less than one (1) Food Service Manager or other responsible employee in charge of food service operations who shall possess a current certification as a Food Service Manager ITom an approved training agency or certification training program, audited by the Texas Department of Health, or from a program offered by the Environmental Services Department detennined by the Environmental Services Inspector or hislher authorized representative, except that temporary food service establishments and food service establishments that handle only pre-packaged foods and non-potentially hazardous foods which require only limited preparation are exempt from the provisions of this Article. 6 8 B. The Food Service Manager must be employed on the premises of the establishment to be in compliance with this Article. The Food Service Manager certificate shall be obtained within the first ninety (90) days of employment in a managerial capacity. The Food Service Manager shall be responsible for insuring that all food handlers are trained and certified with the City of North Richland Hills Environmental Services Department within the first thirty (30) days of hiring. c. The owner or person in charge of any establishment pennitted herein shall display all such certifications in a conspicuous place for inspection by the City Environmental Services Inspector or hislher authorized representative. A copy of each manager's certification as described and required in this Article shall be filed in the records ofthe City. D. The fee set out in Appendix B to the Code of Ordinances is intended to cover the issuing of the certificate only. If the training is obtained through the Environmental Services Department, any cost to the City for such training shall be passed on to the Food Service Manager. ¡ ! ' Ii ; j Sec. 10~-52. Food Service Employee Certificate. A. Every employee of a food service establishment shall obtain a Food Service Employee Certificate, ITom the Environmental Services Department of the City of North Richland Hills within the first thirty (30) days of employment. ,I , ! !J I, " ì! I: ;¡ B 1¡ . 11 :1 Ii I! Ii II C. II II ,I II W'\Nr~""\O"'''''''''''''' ""'i~ "" '645,wpò Prior to obtaining a Food Service Employee Certificate, employees shall attend a training session on food safety available through the Environmental Services Department of the City of North Richland Hills. There shall be a fee, as set out in Appendix B to the Code of Ordinances, for this training session. The fee shall also include the Food Service Employee Certificate and shall be displayed in a conspicuous place in the establishment for inspection by the City Environmental Services Inspector or hislher authorized agent. A copy of each Food 14 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 Service Employee Certificate shall be filed in the records of the City. D. Employees in grocery stores that do not work in a food service area shall be exempt ITom this Article provided they do not handle potentially hazardous food." 4 6 Section 2: The Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding thereto a new Appendix B which shall read as follows: 8 "APPENDIX B FEES. Section 1 : The following fees are hereby estab Ii shed for pennits and services provided by the Environmental Services Department. SECTION 1. FOOD SERVICE ESTABLISHMENTS. A. Application Fee: $80.00 B. Plan Review: $95.00 C. Annual Pennit Fee: (1) High Priority: (2) Medium Priority: (3) Low Priority: $365.00 $310.00 $210.00 D. Re- inspection: (J;; of the original pennit fee) E. Mobile Food Unit: $100.00 per vehicle F. Temporary: (1) (2) Non-profit -0- Profit: $50.00 , , I¡ ¡ ¡ SECTION 2. FOOD HANDLER PERMIT. !I \ , '1 II II i I (3 yrs) over the age of62: $5.00 '1 W'\N~'I\O",;_"'Food s.m., ," ''''..,., A. Pennit Fee (3 yrs) under the age of 62: $15.00 B. Pennit Fee 15 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 SECTION 8. WEEKEND FOOD VENDOR. II 1 il I' II ¡ W:\N' General\OrdinanceslFood Service ord 264S.wpd I I I 4 6 8 c. Duplicate Fee: $1. 00 SECTION 3. FOOD MANAGER'S PERMIT. A. Pennit Fee (3 yrs from date of issue) $10.00 B. Duplicate Fee: $1.00 SECTION 4. SWIMMING POOLS - PUBLIC AND SEMI-PUBLIC PERMIT. A. Application: $80.00 B. Plan Review: $95.00 C. Annual Permit: $105.00 SECTION 5. CHILD CARE CENTER PERMIT. A. Application Fee: $80.00 B. Plan Review: $95.00 C. Annual Permit Fee: $155.00 D. Group Day Homes: $80.00 SECTION 6. CHILD CARE WORKER. A. Permi t (3 yrs) under the age of62: $15.00 Permit (3 yrs) over the age of 62: $5.00 B. Duplicate Fee: $1.00 SECTION 7. WASTE HAULERS. A. Hauler / Pumper: $105.00 per vehicle A. Permit: $500.00 16 4 6 8 10 : , 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 I ¡ i i ¡ II 1) 'I !I II ,I W :\N~Genera]\OrdinanCeS\FOOd Service ord 2645, wpd I II .... -"'+--·."'-.---_"-._~~"'_.._..~"'.M_~__,__._ SECTION 9. ADJUSTMENT FOR CONSUMER PRICE INDEX. The Director of Finance shall review all Environmental Services fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding twelve (12) months as established by the Department of Commerce." Section 3: SEVERABILITY: 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, subsection, article or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections, articles and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph, subsection, article or section. Section 4: REPEALER: All ordinances or parts thereofnot consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cwnulative of other ordinances regulating and governing the subject matter covered in this ordinance. Section 5: PUBLICATION: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause (Section 1 0Y2-41) of this ordinance as an alternative method of publication provided by law. Section 6; EFFECTNE DATE: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 12th day of August, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 17 4 6 8 10 ATTEST: Patricia Hutson, City Secretary Approved as to fonn and legality: George A. Staples, Attorney W:\N GeneraI\OrdinancesIFood Service ord 2645.wpd 18 .- CITY OF NORTH RICHLAND HILLS Subject: Record Vote on Proposed Tax Rate and Setting of Public Hearing Council Meeting Date: 8/12/02 Agenda Number: G N 2002-097 "-- Department: Budget & Research In follow up to the 2002-2003 Budget Work Session, it is necessary to begin the notice and hearing procedures to establish a tax rate and approve the budget for the next fiscal year in accordance with the City's Charter and State law. The Council's consensus was to set the tax rate for next fiscal year at 57¢, which is the same tax rate as the current year. If approved, this will be the tenth consecutive year for the 57¢ tax rate. Per Senate Bill 841, a taxing unit must hold a public hearing to impose an amount of property taxes that exceeds the rollback rate or 103 percent of the effective tax rate, whichever is lower. The State notice requirements regarding the tax rate ~Iculations are somewhat misleading to the public, but nevertheless, we must comply with them. If a business or '- residence has not increased in its appraised valúe, the 57¢ rate means no change in taxes. Some properties decreased in value, therefore, taxes will decrease. Some properties increased in value, therefore, taxes will increase. Additionally, new construction added to the property tax base and the notice provisions do not speak to this. The average homestead increased from $108,341 to $119,981, and using,this as required by law in the notice, the average homestead would increase by 10.74% or $56.40 annually in taxes. State law further requires a record vote be taken by Council, cøncerning the proposed tax rate and that Council schedule a public hearing on the proposed rate. The results of the vote will be published in the "Fort Worth Star Telegram" as a quarter page "Notice of Public Hearing on Tax Increase." A copy ofthe notice accompanies this cover sheet. Because of strict timing requirements that are also mandated by State law it is recommended to Council that the notice be published on Thursday, August 15 and the public hearing '-,../ Source of Funds: Bonds (GO/Rev.) Operating Budget Oth~ _~ , Departme~re Finance Review Account Number Sufficient Funds Available CITY OF NORTH RICHLAND HILLS .ì "-- be scheduled for Monday, August 26 at 7:00 p.m. Staff proposes to publish an accompanying explanation of the notice. This explanation would appear on the same page as the notice (not as part of the notice) and would explain that the tax rate has not increased in ten years. ' Formal adoption of the budget and tax rate ordinances for next year will be done at the September 9 Council meeting after the August 26 public hearing on the tax rate. Recommendation: That a record vote be taken concerning the proposed tax rate of 57 ¢ and set a public hearing on the tax rate for 7:00 p.m. on August 26, 2002. ~ \....../ CITY COUNCIL ACTION ITEM Explanation of Notice Below The City of North Richland Hills is proposing a 57é tax rate for the coming fiscal year. The City has maintained this same 57 é tax rate for ten consecutive vears. The Notice below is required by the State of Texas to be published regarding the tax rate and property taxes because of increases in overall taxable values as of January 1, 2002. The City Council and management of the City of North Richland Hills are proud of the progress we have made while demonstrating sound financial management of our Citizens' tax dollars. Notice of Public Hearing on Tax Increase The City of North Richland Hills will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll by 7.4 percent. Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearing will be held on August 26, 2002 at 7:00 PM at 7301 NE Loop 820, City Council Chambers, City of North Richland Hills, Texas. FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT and not voting: The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year. Again, your individual taxes may be higher or lower, depending on the taxable value of your property. Average residence homestead value General exemptions available (amount available on the average homestead, not including senior citizen's or disabled person's exemptions) Last Year $108,341 $16,251 This Year $119,981 $17,997 Average taxable value Tax rate Tax $92,090 0.57000 $524.91 $101,984 0.57000 $581.31 Under this proposal, taxes on the average homestead would increase by $56.40 or 10.74 percent compared with last year's taxes. Comparing tax rates without adjusting for changes in property value, the tax rate would increase by $0.00 per $100 of taxable value or 0.00 percent compared to last year's tax rate. These tax rate figures are not adjusted for changes in the taxable value of property. Notice of Vote on Tax Rate The City of North Richland Hills conducted a public hearing on a proposal to increase the total tax revenues of the City of North Richland Hills from properties on the tax roll in the preceding year by 7.4 % percent on Monday, August 26,2002, 7:00 PM. The City of North Richland Hills is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on Monday, September 9, 2002, at 7:00 PM at 7301 NE Loop 820, City Council Chambers, City of North Richland Hills, Texas Announcements and Information August 12, 2002 Announcements - presented by Councilwoman Johnson Residents can recvcle phone books with their regular recycling service or they can bring them to the Library parking lot. There is a Trinity Waste Services dumpster in the parking lot to recycle phone books. It will be there through September 15th. The library is located at 6720 NE Loop 820. The Fire Department is taking applications for the Citizens Fire Academy. The fall academy will begin on September 10th. Deadline to sign up for this 11 week class is August 23. Call 817-427-6900 for further information. The Police Department is accepting applications for the Citizen's Police Academv. This is a 12 week course that provides an in depth look at the NRH Police Department. To learn more, call Officer Keith Bauman at 817-427-7000. Information - presented by Mayor Pro Tem Metts Auaust 17 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570